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HomeMy WebLinkAboutResolution 204 Holding of Special Elections 1 ~:,) (~ - ,~; ~,.} ..... _.___.____ __ n_....___.____. ------ ." ..--.---- .- ... ...... ........-.."'. ~...",,(\,.\'.'" i?':"'\ ".'\. ~\\.\) . , -' -~. - -... ~ .r..- COMLIISSION RESOLUTION NO. 204 .-..' j"""...~.....Z:.~-- .......-t A RESOLUTION OJ:' TIlE COl,:;:t.:IISSION OF THE CITY OF BOZEl.:.l:I..N, PROVIDIlTG FOR'-':fEE HOLDING OF A SPECIAL ELECTION O:F Tl-ill RECIDENT FREEHOLDERS OF THE CITY OF BOZEl:AlJ VlHOSJ~ N.AMES APPEAR ON TIill COU1iJTY T.A..X ROLL rRECEDIHG SUCH ELECTION, SUBMrJ.1TING TO THE SAID I RESIDENT FREEHOLDERS TIm AIT'LICATION OI~ THE BILLINGS CAS COLCPANY, A CORFOHATIOH, :1TOR A Flffi.NCHISE GR'lTTIlTG TO rr ':[11fZ PHIIlILEGl!; illJD FIXIlW TIrE TERMS UNDEH WIIICH SAID COl.lPANY Ll.AY CONS'.c'RUCT, EQUE, LA.Y, MADITAIN, AND OI)EH1:"TE PIPE LIlJ:GS IN, lJN1) .L},,,rt , UPON, OVEn, AIm ACROSS TIrE STREETS, AVENUES, jILLEYS, HIGIniAY;.;; , BRIDGES, JI.I.JD EASEi'ilENTE3 OF TIm CITY OJ? BOZEl.=:~.N, .AND L..AY DISTRIBU'TE MID SELL NATURAL GAS TO SAID CITY AND TIlE INlIAI3ITX:TS TIlliHEOF, It FIXING 1'IIE DATE 0]' SAID ELECTIO:J, JJJD PROVIDING FOR THE REGIST?.ATIOlT O::T 'l'HE HESIDElTT FIillEIIOLDERS: VlHE REAS : (1) On the 22nd day of August, 1930, the Billings Gas Company, a Co r- pora t ion, organized and existing under and by virtue of the laws of the St&te of lvlont ana, with its executive offices in the City of Billings, State of Montmla, made a})I)lication to the Commission of the City of Bozemm:.. for a franellis e granting to it the right to furnish, convey, distribute and sell natural gas in the City of Bozeman, and thereafter, on the 6th day of October, 1930, filed an aJ."J1endment to said application, vlhich a})plicat ion and 8.J.11ended apI)lication the:ceto, is on file with the, Clerk of this Commission; (2 ) That t11ere is attached to and Llade a part of said application a draft embodying the general terms and conditions of a proposed Ordinance, grant i11g the ]'1'a11c11ise, vlhich proposed Ordinance is on file 'with the Clerk of the .o:rxmission; I (3) And the Cormnission of the City of Bozem.an having duly considered said apTJlicat ion, and deeming it to the interests of the .citizens of' the City of Bozeman that said applic:::t;ion be submitted to the resident freeholders for their approval, and having dete:cmined tl1o.t a special election shall be had for the purp,..se of submit.t;ing said question to the resident freeholders; (4 ) 'i'hat the sald City of Bozeman will receive no valuable consideration for said franchise, excl;jpting the benefit thLit will innuro to the City and its inhabitants if it and they are enabled to secure natural gas for fuel, illuminatioil, heat ing, cooking and power purposes. NOW THEH3FO:1E, BE I'~ RESOLVED AIJD III IS IiliRELY OHDERED BY THE COMLlISSION OF TIlE CITY Oli' r:O:~:;.'1,:An: ( 5) That the a}Jl;licat ion 01' the Billings Gas Company, a Corporation, for such franchise be submitted to the resident freeholders of the Cit;-l of Bozernan, wt.ose names appear on the county tax roll for the year 1930, at a ~pecial Election to be held in the,ity of Boze::mn, on the 13th da:, of November, 1930, between the hou~s of 8:00 o'clock A. M., and 6:00 o'clock P. M.; that the Cler}( of the COImllission I give notice of the time and place of hold in€!; said election and the character of said franchise so applied for, and the vcluable considerut ion, if an;y, that will be deri ved by the City of 130'/,e1;1o.n, by publicf.:ltion of such notice in the Bozeman Daily Chronicle, a daily newspaper published in the City of Bozenan, at least once a week for three successive 'weeks next before the day of election, as follows: In the Bozerilan Daily Chronicle, on October 14 "I; h , 21st and 28th, and lJovembe1' 11th, acid 11th: 1 9 30 ; 1. ~~j () .._.. .,___ _n________ ---.... _.. __._on...'._ ---.---.---.-..------.-------- ._----"... .......----- - and that a copy of said Hot ice be ~osteu in one pU1Jlic place in each of' the eight voting precincts in said City, for at least three successive weeks, or twent:f-one days, prior to the day of said election; (6 ) That the City of Bozeman is not divided into Wards, \iard boundaries I having heretofore been abolished; that for the purposes of general elections tIle City of rozen1O.11, by the Board of County Cormdssioners, JJUl~SUan teo law, has been, and DO 1fT is, divided into eight voting precincts; that for the purposes of this Special Elec-,. ion the Commission deems and considers that the qualified freeholders can be better served and the elect ion more expeclit iously held by dividing thc City of Bozeman into two ~recincts with polling places therein, and tlE,t said precincts and polling places be, arLd the sarne are hereby, established as follows: Precinct No, 1, COI;lprising that part of the City of Bozcman North of IV.i.ain Street, fOrIflcrly const it uting the l"irst and Second Wards and now comprising Precincts 1, ') 8110. 3, as established "', by the .Loard of County Commissioners of' the County of Gallatin. The polling place being at the Court hou~~ie. Precinct ITa. <) 0, COlaprising that part of the City of Bozeman SIJuth of tIain St reet, formerly const i tut ing the ':;:'llird and JTo'L~rl;l1,'!ards and HOYT compris ing Pree incts 4, 5, 6 '7, and 8, as estab-. , lis11ec1 b~lthe Board of County Comrnissioners of the COUJ1ty of Gallat it'. I The pmllin{S place l)einc~ the lLun:Lcipal Court rtOor,l. ( '7 ) That the Not ice of Elect ion shall be sub stcl.nt ially as follows: " lJO'l'IC..: OF SPECI.i\.L ELECTION NOTICE IS lIEHEBY GIVEN that a Special Election of the resident freeholders of the City of Bozeman, will be hela in the City of Bozeman, State of Montana, on Thursday, the 13th day of November, 1930. The polls .will be open :['1'0111 8:00 0 'clocl: A.l--, to 6:00 0 'clocle P. L. of said day. That for the purposes of this ST;ecio.l Election the City of Bcz eraan has been c1i vided into tlW l)recinct s and the ~)olling ::)laces therein will b.e as follows; Precinct ~.r 1, !'"o. Co,lDriuinc; t 11a t part of the Ci ty of' Bozeman :iTorth of lLain St 1'eet, forlaerly cow:.>t it ut inc the First and Seoond ',:lards and now comprising Precincts 1,.2, and 3, as established by the Board of County Cormlliss ione1's o:~ tL G CO"0.I.:~:/ 0::" Gallatin. The polling place being at the Court House. Precinct No.2, COJTlp1'ising that part of' the Cit;,' of Bozeman South of 1,:ain St reet , formerly con[';t it ut inc the. Thi:eel and Fou:l7th Wards and now com~<cisinf; Precincts 4, 5 G, 7, anll 8, as estab- , li8hed by the Board of' COlUlty Comaissioners of the County I of Gallatin. The polliEr::: place beinG: the Iilunicipal Court Hoom. Said S}Jecial Election will be helcJ. 1'01' the purpose of' submi t-cing to the res ident freeholders of the City of' Bozeman whose mmes apI)Car on the COUJlty tax roll for the year 1930 the application of the BillinGs Gas COl;lpany, ,> corpol'o_t ion, '-- for a fruIlchise (-'ranting to it 'tthe privilege and fixing the tenlS ulldeI' which said cOIapany may const ruct, eCfLdp, lay, maintaLl, and oper~te pipe lines in, uEder, u:pon, ove l' , and eiC1'OS8 -~:le streets, avenue5, alleys, hiC:lnIaYs, bridces, and easer.lent c o:C the Ci ty of Bozer:u:m, and may distribute and seJl natural cas to SELid c:L ty (md the inhc'cb i talres thereof. T' ....- -13 ~" . ~1 .--. __..__n .". The City of Bozeraan shall receive no valuable consideration for said franchise except the benefit that shall inr::.ure to the said City anu to its inhab- ita~ts if it and they are enabled to secure natural gas for fuel, illumination, hee. t L--:C, cooking and pOTIer pUlyoses. I The franchise is to be granted for t:~e term of' Thirty years. At such election the ballot sl-(all contain the v/ords: !lFOn GRAlrrING FRA.NCHI3E " "AGAINST GRi:..NTING FR';'NCHISE" and in voting the elector must make a cross, thus, tx' opposite the answer he intends to vote for. The proposed Ordinance grcmt ing such franchise is now on file at the office of the Clerk of' the Commission and open to inspection by the' public. Dated this 11th day of Uctober, 19:50. By Order of the Commission of' the City of Bozeman. ELIZ.ABETli JOIL,'SOlT Clerk of the Commission. ( 8) Tlm t for said Spec ial Elect ion the J'ollovrinc; named Electors be, and they are hereby, aYjpointed Judces and Clerks of Election for the several precincts, as follows: FI::1S'l' PRECINCT As hereinbefore described. I W. E. HIDEH T C. MCCAHTLY v . J. '.I. LlJ3:Sl~TEn Judces. LILY LYON IDA }3. SlillLTON Clerks. SECOND FRECL.CT As hereinbefore described. ii.. A. CALlERON R. E. BHOWN . . O. BOliII.R'I' JudGel:; . LI LLIAN L. ]'IlJLEY I.:l.ARY ELIZABETH COWAN Clerks. Tho. t said JUdges a~ld Cler1;:8 of elect ion shall have and receive the sum of ]fi ve Dollars (:;;5.00) per day; I ( 0 ) 'rl1at said Election shall be cOL.ducted am, canvassed and return made in the saLle manner as other city elect ions and the provisions of OrdL1ance l;o. 140 of the City of Bozeman, and the Election Laws of the Stiate of l\lontana, in so far as the sam.e relates to 81)00ial Elections, shall govern; (10) a. Thc.t for said Special Election, pursuant to the provisions of Ordinance No. 140, of the City 01' Bozmnan, there shall be a registration of the resident freellOlders of the City of Bozeman, vIhose names al)~)ear on the county t ax -. 1 '~2 . . ~- "'-- roll for the year 1930, and .who will be entitled to vote at such 0J)ecia1 Election; b. 'rhat the HeGist~>::ction Office shall be open on th.e ;::,7tll, 28th, 29th, 30th and 31st days of October, 1930, and thereafter on the VJth day of ttovember, .. I 1930, for correct ion, and for tIle registration of suell resident freeholdors who were unavo idably absent 1'1'0:.;1 the City during tne precedinG t Lie of' l'8cistnj;; ion; c. That the ~(egist ry Agent shall cause to be publ iSJled in the Eo Zelilan Do. ily Chronicle, a c1aily newsIJaper Dl11:Jlished in the Oi t;y of Eozema;" t least twenty ( :20) days I)ofore the expiration of the time for l'egist r.'J.t ion, a Notice signed by said Resistry Agent, which Notice shall conform with ;.;)ection 19, Ordinance ITo. 140, of the City 01' Bozenan, a::ld shall be substant ially as follows: "N 0 TIC E REGISTP",i'.rION OF HESIDE?;IT li'HEEIWLDERS E3PECIAL ELECTION NO'l'ICE IS EEREBY GIVEr:- TIL'\.T, for the Secial Election to be held on Thursday, the 13th day of November, 1930, for the purpose of submi tt ing to the res ident freeholders of the City of Bozenan, Y11102,e names (1))ear on the county tax: roll for the year 1930, the ap:~;licat ion of the Billings Gas Company, a corl)ora t ion, for a gas franchise, a Registration of the res- ident freeholders, pursuant to the provisions of Sect ion 19, Ordinance No. 140, 01' the City of Bozeraan, must be had; That only resident freeholders whose narIles al)pear on the county tax roll for the yesI' 1930, anc1 viho are registered, will be cntitled to vote at said Election; that the registration of' tile resident freeholders .will be held and l~lade at the office of' the i-i.egistry Agent, Police Court HooID, I City Hall Building, on October 27th, 28th, 2vth, 30th an(l 31st, 1930, between the hou.s of 9:00 o'clock Ai M. and 9:00 o'clock P. k. of' saId dliY, except between 12;00 o'clock M. and 1:00 o'clock I). Li. and 6:00 o'clock P. 11...... and 7:00 o'clock P. M. of each day, and the time for registration will expire at 9:00 o'clock P. M. on thd 31st day of October, 1930 ; That the office of the Registry Agent will also be open on Novcmbel' 12th, 1930, for correction, and for the registration of persons entitled to register for said Special Election viho were unavoidably absent from the City from October 27th to October 31st, 1930. Dated tl:.is 11th day of October, 1930 . COHA. o. DODSON Hegist'I'Y Agent" d. That said Notice shall be publishe.:, in the Bozeman Daily Chronicle, a daily newspaper published in the City of' bozeman, on October 11th, 18th, and 25th, and November 1st and 8th, 1930. e. That Cora O. DodsOIl is hereby appointed Registry ..Agent 1'01' said Special Election to be held on Thursday, the 13th day of Novemb er, 1930, and that the Police Court Room, City Hall Building, Bo z er.(~~ll, Montana, is hereby desig- nated as the place of registration, and that said l~ecistry Agent shall receive the sum of Bight Dollars (::~8.00) per day in pa:yraent of said services; f. ihat a list containing the numes of the registered I resident freeholders in the tyro )rec inct s hereby c re.:,ted, shall be posted in a conspicuous place in each of' the eight voting precincts in the City of Bozeman by the Registry Agent at least five ( 5) days prior to the day of election; g. That the Registry Agent slla11 , within two days after the preparation and publication 01' said list of registered voters, personally deliver to the Clerk of the Commission, to be by her posted in a conspicuous place in her office - .- - -. -..-... 1 '~"J - ". '!- ~) _ __ .___._ ..._ _. ..___.__ ...___ n_._.__..__. n_ . .n_ _.._.__ n.._ . ... .... ..--- - --- -- -..--.-.. ---.--- .----.--.-..---..----.--...-.-- - -. - -.-. ------ ----.-.....-. -.. uitil election day and thereafter to be filed away as other records of the city, a true, correct and complete list of all the electors registered in said city from the I cOl11"._encement to the close of the registrat ion; h. That said Registry Agent shall, likev:rise, prepare a reasonable number 0 f c;pies of said list of registered voters for distribut ion among the elec.ors in the several precincts; (11) That the assessment list, as prepareD and completed b, the assessor and now in the hands of the County Clerk and Recorder of the C01..Llty of Gallatin, for the year 1930, for the purposes of said Special Election, shall be, and is hereby, deterI,dned to be the county tax roll preceding suell elect ion, as provided by Sect ion 50'15, Political Code, RCI:il , 19;:,1, and the resident freeholders in the City of' Bozeman whose naril0S appear thereon, and are reGistered as herein provided, shall be entitled to vote as said Special Election; (12) That the proposed Ordina:nce @rantinc'; such franchise is now on file at the office of the Clerk of' the COn1rnission and is open to inSIJection by the public and those entitled to vote at said ~3pecial Election; (13 ) rrhat the proceedings hereunder are had pursuant to the provisions of Section 5039, paragraphs 63 anG 73 thereof, as amended, Sections 5074 to 5077, I inclusive, and 5496 to 5501, inclusive, Political Code, ~ {GLl, 1921, and Ordinance :<ro. ILL 0 , of the City of Bozeman. IJASSED Aim ADOPTED by the Cormaission of the City of Bozeman, at a regular session thereof, held on the lOth day of October, 19~30 . ~~ Attest: '~du1.c~~, er l' the rnmission. I, Elizabeth Johnson, Cler}~ of the Cornrniss ion of the Ui ty of Bozeman, Montana, do hereby certify that the foregoing Resolution No. 204 of the City of Bozeman, l!iontana, was published by title, in the Bozeman Daily Chronicle, a daily newspaper of general circulEction, printed and. published in the City 0:[' Bozeman, in the issue 0:[' October 15th, 1950, and that due proof of said pu~~,lication Vias 1:1.8.de and file',_l in my office. I IlT \7I'r:;mSS ~:m:CRJ~OI" I have hereunto set my hand and the corporate seal of said City this 16th day of October, 1930.