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Home My WebLink AboutSpecial City Council Minutes 04.11.1949Minutes of the City Council of Laurel X1 April 1949 CThe council of the pity of Laurel met in special session in the C oUncil chamber iii the city Ha 11 t~ canvass the elect ion returns of April 4th, 1949, and was called to order b~ Mayor Thomson at 7;30 o +c lock P. ~I. Apri1 11th, 1949. Upon roll cell the following ~ldernien answered present.: Parker Rodgers Feusrbacher Freeburg ~o ld Smit h The i~~yor ~ta~ted that the parpose of the meetin~v~ as to c~nva~sa the election returtas of April 4th, 1949, and t hereon named ~s tellers; ~`euerb~ char, fold, Parker and codgers . ~~fter reviewing the returns the Committee reported beck the following notes« Peter D. Thomson A~a~pr 564 J. J. Parker 4 H. ~oruer " 2 Herm~~ H. Nich~el " 2 Robert Heebner John ~la~ntz 1 Herms~n Sorg 'i Elizabeth Stormont Treasurer 509 ~erh~rl taus 73 Ted ~ . B undg 3 V. D, Chapman Police Judge 563 J. H. Cr~teher 1 Kenneth w~~ltoi~ ~ Ueorge H. Nc~ormick A~derm~n 1st ~'ard 117 Fred Feuerb€~cher 108 Rynold Frank " Neil faker f' ~ J. Freeburg ~ldermah 2nd ~~~rd 143 F~ Paul mold 145 11 Charley A. Giblin nussell parr Steve Homes alderman 3~d hard 129 J. McM~nus 108 Johta L. Tubm~ta tilderm~n 4th Ward 98 Ira D. kodgers ~5 Ted C. "une~ ~ 34 Swimm3.ng Pool "fvr ~ ~~rd 1 Ward 2 hard 3 Ward 4 69 x.25 x.01 82 377 "Ageinstt' 37 15 _ ~ 25 13 90 ~t ~v~s moved by Wold and seconded by x'odgers the report of the committee' be adopted. the offiders deel~red elected and tie City `1c~rk hc~ r~irec?t~.~ t~ issue certificates of election a~ follows; ~ w Peter D. Thomson Mayor ~liz~beth Stormont Treasurer tip. ll. ~'h~pm~n Police Judge Fred F~~e~rbacher alderman lat Ward George H. Mc~ormick ~lderm~n 1st hard P~ u 1 ~ . 01d tl ld e r ma n 2nd ~ rd J. E. Freeburg ~ldermata 2tac~ Ord Steve t'omee !alderman 3rd yard J. McManu~ t'lderm~n 3rd ?N~rd John L. T ubman ~lslerman 4th k~ard Ire D. Rodgers Alderman 4th G'~ard The following letter wri#tte~ by the pity httorzasg~ was presented a nd r ead. Minutes of the City Council of Laurel 11 ~pri1 1949 To the Hon+~r.~ bl e Mayor and ~itg council Laurel, Montane ~entlemer~x You aasked for ~n opinion rels~ting to a protest filed by Nils Vord~hl a 3udge of the Litg ~~.ection, held on ~?_pril 4th, 1949, in t he j~hird~'~ard of the pity of .~aurel, •l~ontana, when two aldermen acre to be elc~eted for aperi~l oP two gears in said ward. ~ectian 5008 of the `'evised bodes of Montana for 1935 sets out the following qualification of *'ldermen: No persota shall be el#.~ible tm the office of alderman unless he sha11 be a taxpaying freeholder within the limits of ~ city, and a r esidez~t of the w Ord so electing him f'or sit least one year precediing such ~.lect`on, Section 50Q7 relating to who is eligible for h~Xding municipal office reads as follows; No person is eleigible to ~M~ rnunieip~l office electi~~e or. appoitative, who is not a citizen of the TTnited states, at~d why has not r elided in the town or city for at least t~vo years immed9~ately preceding his election or ~~pointment, and is not a qualified elector thereof. ~~'he objection raised is that Ch~arlea J. ~cl~antas, was not r egistered ~s a voter in the jhird t~T~rd. look at the wor~~t~g in Section 5008 above does not require such registration. In "'action 5007, it does require ~ p~~son to be eligible for any municipal office, elective or app@intive, to be a citizen of the United States, & resident of ~h.e pity for two ye€~rs immediate~.~ preceding the election or appoir~trrient, and must be ~ qualified elector thereof. ~''rcm the above it is mp opinion that the fact that he was not re~istared in ward No. 3, d0E:3 not disqualify hire from holding tie office to which he was eelected. tjery truly fours, B. L. ~'rice~ ~it~ attorney. This being the time for car~v~ssin~ the returns of the ~peci~l "ot~~. ~lectioia held in the City of Laure 1 on April 4th, 1949, and pursuant- to the requirements of the Revised bodes of the State of ~Lont~na, the ~%ity?~~%QUncil met ~s a ca:~v~~~ing board for the purpose of c~nv~ssin~ the returns of the special Bond Election held in the city of Lau re 1, ~~ontana, on April 4th, 1949, M~ or ' Thos on presiding. ~j'he Mayor ~ pp8inted gas 1e11er9 to report on tYie returns of the ~peeial Bind ~lectian held Agril nth, 1949, sldermen F'euerb€~cher, ~'~old, Parker and Rfl~gers. `1'he Tellers having opened ~t~d canvs~s~red the saie~ r eturns, reported a s follows Shill tha 3fo debt limit be extended end the ~'ity ~ouk~cil of the ~it~ of Laure Montane, be authorized to incur a~n itadeT~~tedness O~ said City ilk 6xCt?99 of 'Ch E3 s8id 11mii: 'F~v i4a~~incr in i-hr~ r,~ama of said ~%ity its negotiable general ~'wimming~l'oo2~~onds,j+in~{the total prit~cips?1 sum. of v~35,000.00, said bonds to be pa~r~l.be on the ~mortiz~tion p7.ar~ or to be serial. bonds as provided by~ law, alad to beer interest at a rite not ~rxceec?in~ 4°o per rannWm, payable semi-~nnu~lly, said bonds to be issued to provicl.e ful~ds to be used far the purpose of procuring, constructing, establishing, tn~it~taining, end oper~ti~ag a s wimmin pool within the corpor€~te limits of s yid ~itg, and mad the City ~atat~cil Xev~r ~ direct annul ad valorem tax upon X11 tY~.e t~x~ble property in said City, sufficient to p~~ the prineipa 1 of at~d i~~erest oi~ spa id bonds ~ s th.e same become due. It was moved by ~'lderrr~n Parker and seconded by ``1d~rman ''with that the report of the tellers be adopted. Upon ro11 ca 11 all aldermen present voted' 'ta~rerf atad the motion was declared passed. A~lderm~n J, J. Parker presented the following rnotiot "WI~RF•A~, the return9 from the various precincts of the various wards of t he City of Laurel., .Montana, far the special ~'ot~d Election of qualified electors mho ~ ire t~xpa~r~rs upon propertg ~~ithin said ~'ity, and whose names appear upon the last preceding camplete~l assessment roll for ~t~te and county taxes ~s t~xp~ye.~s within said City which s aid ~peci~.l Bond ~electio~ was held on the 4th of +~pr~l 1949, ~s~ve been delivered to the pity ~;~%ounc il; end i Minutes of the City council of Laurel 11 ~pri1 J~949 r1~~IERF~! S, said returns hone been du 1y canv€~ssed; and WF3EREAS, said returns show th.e following propositiata, to-~vit.•. "~ha11 the 3~ debt limit b~ extended and the pity Council of the pity of Laurel, Montana, be authorized to itacur ~n indebtedness of said ~'ity ire excess of the said 13.mit bar issu ir~~; in the 1~~me of the pity its negotiable Ueneral swimming Pool Bonds, in the tot~1 prilacip~l sum of ~P35,0~0,00, said bands to be payable oh the amorti~r~tion p1~q or to be seris~l bonds as provid.e~ by ~.aw, and to bear ir~tereat at a rate not exceeding 4°o per ~nnurn, p~yabl~ semi- annuallg~, said bonds to be is~i~ed to pi°ovidee funds to be used for the purpoae of procuring, con9tructing, est~bXishin~, maintaining $nd operating a svuimmin~ pool witYiin the corporate limits of said pity, and mad the ~%it y Council l~v~ ~ direct annul ~d valorem tax upon all t~xab].e property in said ''its, sufficient to ~y the pr~.~cipaX of and interest on said botads gas the same becomes du~'~~~ received 377 votes for the an~v~er "For' end 90 votes .for the answere "A$~inst"; end WIjERF.~IS, it~ appears that there w ere 962 registered electors, who are t~xpsayers upota propertg veithin said ~it~, and who ware qualified and etatitled to vote ~t said Spec ~l ~ot~d E1~ction and on the propositiant and that more thin for~~~~per centum (40~~ of the electors so qualified ~.nd entitled to vote ota paid propos~tio~ did in fact vote on the propoxition, and that ~ majority vote was cast in favor of the proposition and in favor of issuing bonds ass provided in said propos it io1~. NOW, THEREF'OHE, BE IT RESOLVE"~3 BY 'IgiE CITY C4tTI`dCI~, ~F TFIE CITE' OF L~,UREL, NiONT~.N,F1 ; Sect ion 1. ~h~t s a id proposition, to-v~j it "Sha11 tk~e 3~ debt limit be extended and the ~it~r `'ouncil of t he City of Laurels Mo~t~na, be authorized to incur ~n indebtedness of said ~it~ i s excess of the said limit by iast~ it~g in the name of said pity its negotiab~.e General jwimm~.ng Pool Bonds, in the total principal sum of X35,000.00, Said bonds to be payable on the amortization p1~n or to be serial bonds a~ provided bar law, end to beer interest ~t a rite dot exceeding 4°0 der ~nnu~t payab~.e semi8~nr~aally, paid fonds to be issued to provide funds to be used for the purpose of procuring, constructing, estabXishing, maintaining atad operating ~ swimming pool withiza the c~rpora~e limits of said Git~r, and m~~ the Citg?~~ounei~ levy s direct annual ~d valorem tax upon all the taxable property' in s~.id `'icy, sufficient to pay the principal of and interest on said bonds ~s the sane becomes du e~ be and the same is hereY~ declared approved end carried. The motion hiving been secondedb~r ,~.lderman Smith and roll cell ordered the followin~ aldermen voted "~ge'~~ Fred 1~euerb~cher, J, J. pa~ki~r, Ira D. Rodgers, J, r~reebury, I. N. Smith aiad ~'sul tNo1d. ""pdo" none. the motion carried. It was moved and seeonde~ w~ do no~v ad journ. `1'k~e TriO~~OC] carried. itp er Approved this 19th d.ay of April, 1949. Mayor ATTEST: itT erk