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HomeMy WebLinkAboutResolution 203 Special Election whose names appear on Tax Roll 1 ,).. ... ..... ~~) -......---------.--- - . n. _ _..__ ._____ _____..__u__.._un. ...... ....u______..._.______.___ ,'),' ....------ (" ,. ~ 1.- .V', l\. (.'r "::.\:\1",) , . " ." COM1HSSION r-lliSOLtJ'i'ION NO. 203 j"" .' ........ A HESOLl.JTIO:'~ OF TEl~ COl:I:.;ISSION 011' Tj:E CITY OF BOZELA1~, EWVIDING ::C'Qrt'-THI: HOLDING OF A SPECIAL EIZCTlmT OF THE RESIDEH.' FHEIGlIOLDERS OF TIm CITY OF BOZEI.'iAlJ WHOSE NAlf.ES I _AITEAR 0=: 'L'I-IE C01J:[,r'y TAX ROLL ?RECEDDTG suerr ELECTro" SUDi.aTTING '1'0 THi; SAID RESIDE::":? FREEiiOLDERS TliJ!; AI<:LIC.i\.TION O:F 'rIm LI01';TL.NA POWER CmIT.,UN, 1~ C:CHr'Ol1l~'l'IOIJ, FOR A ~'RAlTCHISE GRAj?~ING 1'0 IT TiLE FRIVILEGE "Aim FIxr;:G '}lILC TERLlS UNDER ':'HUCE SAID COI.;P..~TY l.il:.Y COE::;;T~ucrl', 1.''''' r ~".'~~ ~I,') LA, Y, 1.1A.IN'i'AIN, A:'D OI)EHATJ1 fIPE: LINES lIT, L'J:'iDEH, ulJOH, ~'c0U_L;" , OVER, Aim _'~C;:OSS TEE S'l'REETS, AVENUES, ALLEYS, HI GIlVi'AY:-, , BJRIDGES, ALD EASNviENTS OF 'l'FE CITY Or' 13 OZEl.u\I. , AIiD l"lAY DI::';'l'RIEUl'E AND SELL llATUH.AL tAS TO SA.LD CITY AND THE nr::c....tiBI'l'lC.:TD T~'mREOF", FIXING THE DATE OF SAID ELECTION, .AIm PROVIDING FOR THE REGISTR..';'TrOl~ OF TIS RESID:;J;lYl' FREEHOLDERS: WIIT= R::AS : (1 ) On the ord da;",' of Uctober, 1930, the Montana Power Company, a Corporat ion, organized and exist ir:.g under and by virtue of the laws of' the State of New Jersey, with its executive offices in the City of Butte, State of Mon~ana, Dade a:o})lication to tl1e Commission of tile City of Bozeman for a franchise granting to it the right to furnisll, convey, distribute and sell natural gas in the City of Bozecan, whic11 Application is on file with the Clerk of this Commission. ( 2 ) Thct there is attached to and made a part of said aprlication a draft embodying the general terms and conditions of a proposed Ordinance, granting the Franchise, which proposed Ordinance is on file with the Clerl-: of this COl111T1is s ion. (3 ) i:..nd~he Commission of the City of Bozeman having duly considered I said application, and deeminr; it to the int erests of the citizens of the City of Bozeman that said application be subrritted to the resident freeholders for their al)proval, and having deter.mined that a special election shall be had for the pUlllose of submi tt ing said Quest ion to the res ident freeholders; (4 ) That the said Cit:V of Bozeman will receive no valuable consideration for said franchise, except ing the benefit that will innure to the City and its inhabitants if it and they are enabled to secure natural gas for fuel, illwninat ion, heat ing, cooking and power purposes. NOW TlffiREFORE, BE IT HESOLVED Ai'\JD IT IS HEHEBY OHDEHED BY THE COMlnSSION OF TilE CITY OF BOZEL:AlT: ( 5) That the a!::plication of' The :Montana riower Company, a CorpOI'o.t ion, for such franchise be submit t ed to the res ident freeholders of the City of Bozeman, V!Lose names e.:pear on the C01J.nty tax roll for the year 1930, at a Special Election to be held ill the City of Bozerr..an, on the 11th day of November, 1930, between the hou~s of' 8:00 0 'cloele A. 1:1. and 6:00 0 'cloele P. M:.; that the Clerk of the Corrmlission give I notice of' the time and place of holding said election and the character of said franchise so applied for, and the vccluable consideration, if any, that will be deri ved by the 8i ty of Bozelaan, by publicat ion of such notice in the BozerLan Daily Chronicle, a daily newsp~per published in the Oity of Bozeman, at least once a week for three successive "\ieeks next befo re the da:v of election, as folloVIS: In the Bozeman Daily Chronicle, on October 11th, 18th, 25th, and November 1st a~ld 8th, 1930 ; and t: at a cop:;, of said Hotice be posted in OHe public place in each of the eight ~_._.- -.-.-..--.....-.-.-----.----- 1.24 . -.-. ..--.-----.---.--------.--.... ...._..... .n._.....___....._....__...._________._._._.____.._______.. ____... _. .____.__. ___._...._ ..__..._..._ .._._..___m.. . . n ___..._._..._.__._______ .____....______n. voting precincts in said City, for at least th~ee successive weeks, OI' twenty-one days" prior to the day of said election; ( 6 ) That the City of Bozeman is not divided into Wards, Viard boundaries having heretofore been abolished; that for the purposes of general elections the I City of Bozeman, by the BORrd of County Commissioners, pursuilllt to law, has been, and noVl is, divided into eight voting precincts; that for tIw purposes of this Special Election the COlIJLlis;:;ion deems and considers that the qualifiel. freeholders can be better served and the election more expeditiously held b:\i dividing the City of Bozeman into tYIO precincts with polling places therein, and that said precincts and pollinG places be, and the same are hereby, established as follows: Prec inct No.1, Comprising thC,t part of the City of Bozeman lTorth of Main St reet, formerly con~,;t i tut ing the :B'irst and Second Wards and now comprising Precincts 1, 2, and 3, as established by the Board of County Commissioners of the County of Gallatin. The polling place being at the Court Hous e . Precinct No.2, Comprising that part of the City of Bozerr:an South of hiain Street, forrnerly consti tut ing the Third and li'ourth \'lards and nay: aomprisinr; Precincts 4,5,6, r;, and 8, as established by t he Board 0 l' County Cormnissioners 0 the CO'LUlt:Y" of' Gallatin. The polling place being the Murlic ipal Court Room. ( ?) 'l'llat the Notice of Ele ct ion shall be su1) stant ially as follo'ws: I "NO':i'ICE OY SPECIII.L ELECI'ION NOTICE IS HJ~REBY GIVEN THAT A Special "Inection of the resident freeHolders of the City of Bozeman, will be held in the Cit~ of Bozeman, State of Montana, on Tuesday~ the 11th day of NovemlJer, 1 930. The polls will be open from 8:00 otclock A. 2., to 6:00 Otclock P. I',l. of said day. That for the purposes of this Special Election the City of Bozeman has been divided into two precincts and the polling places therein will be as follows: Precinct Ho. 1, Comprising that part of' the City of Bozeman North of Main Street, formerly canst i tut ing the First and Second V/ards and now comprising Precincts 1, 2, and 3, as established by the BOf'Td of County Connnissioners of the Cou nty of Gallatin. The pollinc place being at the Court House. Precinct No. 2, Compris ine; that part 01" the City of Bozeman South of' Main Street, formerly canst i tut ing the rl'hird and Fourth Wards and now comprising Precincts 4, 5, 6, 7, and 8, as established by the Board of County Cownissioners of the County of Gallatin. I The polling place being the Municipal Court Room. Said Special Election will be held for the PUl'f'OSe of submitting to the resident freeholders of the City of Bozeman whose names appear upon the county tax roll for the year 1930 the application of the Llontana Power Company, a corporat ion, for a franchise grant ing to it ------- ______..m___.._____..__ ____m_n__ '12- ~- ....;~) ------------ .. .. ...- ..--- n... _ ___ -- -----.------.------ ------ - ----.. n._.___._ 'the p ri vilege and fixing the t erillS under which se.id company may construct, equip, lay, maintain, and operate pipe lines in, under, Upon, over, and across the streets, avenue s, alleys, highways, bridges, and easements of the City of I Bo z enlan, and may distribute and sell natural gas to said city and tIle inhc'.bit o.nt s thereof. , The City of Bozeman shall receive no ve.luable consideration for said franchise except the benefit that shall innure to the said City and to its inhab- itants if it anu they are enabled to secure natural gas for fuel, illumination, heat inG, coo1:inc; and 1)O\'.'e1' pUrlJOses. _c'he franchise is to bc granted for the term of rl'hirtyyears. At such election the ballot shall contain the words: "FOn GRANTING li'HANCHISEII I1AGAINS'I1 GRAL'TING Fl-1i'>.NCEISE" and in voting the elector must make a cross, thus, 'x' opposite the answer he intends to vote for. The proposed Ordinance grant ing such franchise is nmy on file at the office of the Clerk of the Comraission and open to inspect ion by the Pl: blic. Dated this 11th day of Octo~e1',. 1930. By Order of the COmYllission of the City of boz eman. I ELIZ,:>.BETII JOlLSON Cl erk of the Comxllission. (8) That for said Spec ial Elect ion the following named Electol>s be, and they are hereby, appointed .JudGes and Clerk", of' Election for the several precincts, as follows: FIEST PRECINCT As hereinbefore described. W. E. RIDER J. C. Me CAHrl'HY . J. VI. LABERTEW Judges. LILY LYON IDA B. SHELTON Clerks. SECOND PRECINCT As hereinbefore described. A. A. CAMERON R. E. BRmiN I vr. O. BOI:::ART Judges. LILIAN L. FDILEY 1illHY ELIZABETH COWAN C 1 erl'Cs . 'l'hat sol. d Judge:,; and Clerks of ~~lection shall J:.ave and receive the sum of rive Dollars (~~ 5.00 ) per day; ( 9 ) That said.Election shall be conducted and canvassed and return made ~. .". . .._"-'~<.....,........--._~.... . ............,...-----_..~ . _..,.._n -~I :o)R, ,_,"_ ("...; ~_V __m__..... -----..------.---.-.. --..----.-.----. -.-....--.".- -- ----..".- in the same manner as other city elections and the prorvisions of Ordinance No. 140 of the City of Bozeman, and the Election Laws 01' the State of I.iontana, in so far as the same relates to Special Elections, shall Govern; I (10) a. That for said Special Election, pursuant to the provisions of Ordinance No.140, of the City of Boze:Clan, there shall be a reGistration of the resident freeholders of the City of Bozeman, whose nc~mes appear on the county tax roll for the year 1930, and who vdll be entitled to vote at such Special Election; b. That the ReGistration Office shall be open on the 27th, 2 8t Ii , 29th, 30th, and 31st days of October, 1930, and thereafter on the lOth day of November, 1930, for correct ion, and for the registration of such resident freeholders who were unavoidably absent from the City during the preceding time of rogistrat ion; c. That the Registry Agent shall cause to be published in the Bozeman Daily Chronicle, a daily newspaper published in the City of Bozeman, at least twenty (20) days before tte expirat ion of tIle t :iJne for registr'at ion, Gl Not ice signed by said Registry Agent, whi ch Not ice shall conforlll \vi th Sect ion 1 g, Ordinance No. 140, of the City of Doz6nan, and shall be substantially as follows: "N 0 TIC E REGISTR/..TION 011' RESIDENT li'HEElIOLDERS SPECIAL ELECTION I :rOTICE IS HEHEBY GIY:i_m that, for the Special Election to be held on Tuesday, the 11th day of iTovemlJer, 1930, for the purpose of suorni tt ine to the resident freeholders of the City of Boz8Dllin, whose names a;):pee.r on the county tax roll for the year 1930, the applica tion of the Montana Power COlnpany, a corporation, for a gas franchise, a Registration of the resident freeholders, pursuant to the provisions of Section 19, Ordinance No. 140, of the City of Bozema:_~, must be had; That only resident freeholders whose names appear on the county tax roll for the year 1930, and who are reGistered, v.,rill be entitled to vote c.t said Election; that the registration of the resident freeholders will be held and made E-,_t the offioe of the Registry Agent, Police Court Room, Ci tv: llall Building, on October 27th, 28th, 29th, 30t;~ and 31st, 1930, between the hours of 9:00 o 'olock A. LI. and 9:00 o'clock P. k. of said day, except between 12:00 o'clock M. and 1:00 o'clock P. ~. and 6 :00 0 'clock P. 1... and 7:00 o'clock':: }). L. of' each day, and the tine forrecistration will expire at 9:00 o'clock Pl L. Oll the 31st day of Uctober, 1930; That tho office of the Registry Agent will also be open on November lOth, 1930, for correction, and for the recistI'i.:;.tion of persons entitled to register for said Special Election who were unavo idc:.bly absent from the C it Y fl'OEl Octol! el~ 27th to October 31st, 1930. Dated this 11th day of October, 1930. COW\.. O. DODSON neg is try Agent II d. That S2. id Not ice shall be pU:Jlished in dle Bo zcnan Da,.ly Chronicle, a daily newspaper l)ublished in the City of Bozenan, on Ooto be~' _:1 th, 18th, 25th, and I Nov6Llber 1st and 8th, 1930 ; e. TIm t Cora. O. Dodson is hereby appointed He Cis try Acent :!for said Speoi~l ~lection to be held on Tuesday, the 11th day of NoveJ.'ilber, 1930, and that the Police Court Room, City Hall Building, I::ozeman, L~ol1tana, is hereby designated as the place of registration, (-:end tb_at said Registry Agont shall receive the SW~l of EiCc~ht DolL,rs (.:,;8.00) pe:c day in payment for said services; r ------.--- 1.2(7 ..-..""".-.....-... . ...n___....__u_.___ - .. -............---......-....... ...... -.-----..... ---..'" .- ..---.--..--.--- --..- -...". or> That a list containing tho names of the registered resident -1 . freeholders in the two precincts hereby created, sLall be posted in a conspicuous I l)lace in each of the right voting preci:::wts in the City of Bozoman by the Hef;istry .A.gent at least five (5) days prior to the day of election; {;. Th1~ the Registry Agent shall, within two days after the preparation and publication of said list of registered votere, personally deliver to the Clerk of the Commission, to be by her posted in a conspicuous place in her office until election day and thereafter to be filed away as other recoT-ds of the oity, a true, correot and complete list of all the electors reGistered in said ci-~y fl"om the C01TI2:nenCement to the close of the registration; h. That said Registry Agent shall, likevlise, lJrepare a reasonable nUEber of' copies of said list of registered vat ers J:or distribut iDn among the electors i~ the several precincts; (11 ) That the assessment list, as prepared and cOl-:1pleted by the assessor and no Vi{ in the hands of the County Clerk and Recorder of the County of Gallatin, for the year 1930, for the purlJoSes of said SIJecial EJ.e ction, shall be, and is hereby, deterr;lined to be the county tax roll precediw. such election, as provided by Section 50'75, Political Code, ROM, 1921, and t-he resident freeholders in the City I of Bozelnan whose Ilam.es appear thereon, and are registered as herein provided, shall be entitled to vote at said Special Election; (12) That the proposed Ordinance granting such franchise is now on file at the office 0:[' the Clerk of the COlml1ission and is open to inspection by the ];JUblic and those el1titlec~ voters at said Special Election; (13 ) That the proceedings hereunder are had pursuant to the provisions of Section 5039, paragraphs 63 and '73 thereof, as amended, Sections 50'74, to 50 '7 '7 , inclusive, and 5496, to 5501, inclusive, Political Code, ROM, 1921, and Ordinance llo. 140, of the City of Bozeman. ',ASSED AND ADOPTED BY the Conrrnission of" the City of Boze~.~lan, at a rec;ular session thereof, held on the 10th day of October, 1930. &i . ~~(l Attest: Nmyo r ~Q,~Q" J, ~~,~, Ie 1 of tIle 6:tTI1'rlission I I ._n_ _._._.._...__..__ .,~ '). ~~ .'.,. 1_""'" ., -.--.......-.---.-- ---.-----.-...-. .. .--. -.-.- ----.----... .. . -.... -----..-.. .--....-...---..-.-..---.---.- _._.._._.._..._..._ _......... ___....._._._..__..._._n I, Elizabeth Johnson, Clerk of the CorJITlission of the City of Bozeman, Montana, do hereby cel'tfiy that the foregoing Resolutiion lio. 203 was published in the Bozeman Daily Chronicle, a daily newspaper of general circul::c.t ion printed and I published in said City of Bozeman, in the issue of October 15th, 1<330, and that due IE'oof of' said publication vms made and filed in my office. IN VIITlJESS WI-mREOF I have herfmnto set my hand and the corYJoratc seal of said City this 16th day of October, 1930. I I