HomeMy WebLinkAboutResolution 107 Referendum Petition for Repeal of Ordinance No. 570
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COM1IISSION RESOLUTION
NO. 107.
RELATING TO REFERENDUM
PETITION FOR
REPEAL OF ORDINANCE NO.
570
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WHEREAS:
1. Heretofore,
on the 2nd day of March, 1928, the Commission of
the City of Bozeman passed Ordinance No. 570, entitled:
"AN ORDINANCE A1ffiNDING SECTION I OF ORDINANCE NO
525 ENTITLED: AN ORDINANCE
REGULATING THE
OPERATION AND CONDUCT OF POOL HALLS, BILLIARD
HALLS, CARD ROOMS AND SOFT DRINK ESTABLISHMENTS
AND OTHER PLACES OF BUSINESS WHERE POOL, BIL-
LIARDS AND CARDS ARE PLAYED; PRESCRIBING THE
HOURS WITHIN WHICH SAME MAY BE OPEN FOR THE
TRANSACTION OF BUSINESS; PROHIBITING MINORS'
UNDER THE AGE OF EIGHTEEN YEARS FROM VISITING
OR FREQUENTING THE SAME; AND PROHIBITING THE
PLAYING OF CERTAIN KINDS OF POOL; PROVIDING FOR
A PENALTY FOR VIOLATIONS OF THE PROVISIONS OF
THIS ORDINANCE AND REPEALING ORDINANCE NO. 505
OF THE CITY OF BOZEMAN"
2.
And, under and by virtue of the provisions of Section 5436, ReM,
1921, said Ordinance became effective
thirty days after its passage as aforesaid.
3.
And on the 30th day of March, 1928, there was filed with the Clerk
of the Commission, pursuant to
the provisions of Section 5436 as aforesaid:
"REFERENDU11 PETITION FOR REPEAL OF ORDINANCE.
TO THE
CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA.
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We, the undersigned, being twenty five per cent of
the total
number of registered voters in the City of
Bozeman,
Montana, request that the following entitled
ordinance
of the City of Bozeman, Montana, finally
passed March
2, 1928, be repealed or submitted to a
vote of the electors of the City of Bozeman, Montana
in accordance with the provisions of the laws of the
State of Montana:
ORDINANCE NUMBER 570.
An Ordinance amending Section 1 of Ordinance No. 525
entitled:
"AN ORDINANCE REGULATING THE OPERATION AND CONDUCT OF
POOL I~LLS, BILLIARD HALLS, CARD ROOMS AND ,SOFT DRINK
ESTABLISHN~TS AND OTHER PLACES OF BUSINESS WHERE POOL,
BILLIARDS AND CARDS ARE PLAYED; PRESCRIBING THE HOURS
WITHIN WHICH SAME MAY BE OPEN FOR THE TRANSACTION OF
BUSINESS; PROHIBITING MINORS
UNDER THE AGE OF EIGHTEEN
YEARS FROM VISITING OR FREQUENTING THE SAME; AND PRO-
HIBITING THE PLAYING OF CERTAIN KINDS OF POOL; PROVID-
ING FOR A PENALTY FOR VIOLATIONS OF THIS ORDINANCE AND
REPEALING ORDINANCE NO. 505 OF THE CITY OF BOZEMA}T.n
4.
And on the 13th day of April, 1928, Commission Re.solution No.
101 entitled:
"RELATING TO REFERENDUM PETITION FOR REPEAL OF
ORDINANCE NO. 570, RECONSIDERING ORDINANCE NO. 570
AND PROVIDING FOR THE DETERMINATION OF THE TOTAL
NUMBER OF REGISTERED VOTERS, REGULARLY REGISTERED
AS PROVIDED BY LAW IN THE CITY OF BOZEMAN ON MARCH
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256
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5.
And, thereafter, on the 27th
day of April, 1928, the Clerk of
the Commission filed with the Commission -- " Certificate of the Clerk of the
Commission, In Re Commission Resolution No. 101.
I
6.
And it has been found and determined:
That the total number of
registered voters
a.
in the City of Bozeman
on the 30th day of
March, 1928, as shown by
the certified list,
was
2826.
b. That 25 per cent of such
number, 2826, is
704, the number that is
required on the
Referendum Petition for
Repeal of Ordinance
No. 570.
c. That there were 833 names
appearing on said
Referendum Petition for
Repeal of Ordinance
No. 570.
d. That of the said 833 names
so appearing on
said Referendum Petition
for Repeal, 598
persons were bona fide
registered voters
on the 30th day of March,
1928.
e. That of the remaining number
of names, to-wit:
235, 123 names do not appear
on said certified
list;
that 8 names are duplicates, and the
balance,
to-wit, 104, are incorrect and cannot
be identified.
NOW, THEREFORE, BE IT RESOLVED
BY THE C01~~ISSION OF THE CITY OF
BOZEMAN:
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1.
That said Referendum Petition should contain the names of 704
registered voters as of the 30th day of March, 1928.
2.
That it only contains the names of 598 registered voters;
3.
Tha t , therefore, the said
Referendum Petition is insufficient
to suspend said Ordinance No. 570; and is null and void and of no effect.
4.
That said Ordinance No. 570 be, and same is hereby declared
to be in full force and effect from and after the date of the passage of this
Rlesolution.
Passed by the Commission of the
City of Bozeman, this 18th day of
Jlay, 1928.
~p-d/fJ.../(L'e ,P
MAYOR
ATTEST:
. . I
I
f,) J~jlN(Jl
CLERK OF THE COMMISSION.
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