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Ordinance 433 - Election - Granting of Franchise3I7 ORDINANCE NO. 433. AN ORDINANCE TO PROVIDE FOR THis' R-HEGISTRATION OF ELECTORS AT ELECTIONS TO SUBMIT TO THE ,.UALIFIED VOTERS THE QUESTION OF GRANTING ANY FRANCHISE BY TILE CITY OF ILiLISPELL TO ANY PERSON,ASSOCIATION OR CORPORATION, AND PROVIDING FOR THE APPOINTMENT OF A REGISTRY AGENT AND DEFINING HIS POWERS AND DUTIES. Be IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF KALISPELL, MONTANA: Section 1. That, in all elections to submit to the qualified voters of the City of Kalispell the question of granting any franchise by said City to any person,association or corporation,the Mayor,by and with the advice and consent of the majority of the whole number elected to the City Council,shall appoint a Registry Agent to register the voters entitled to vote at said election,and,in the absence of such appointment,the City Clerk shall act as such. Said Registry Agent is hereby given power to administer oaths or affirmations,and do suchother things as are necessary to carry out the intent and provisions of this ordinance. That before entering upon the duties of his office, said Registry Agent shall take and subscribe the oath of office, as other city officials are required to do,and file the same with the City Clerk. It shall be the duty of said Registry Agent,on each day,excluding Sundays and legal holidays during the period of thirty days immediately preceding the full period of 45 days during which registration shall be closed,as hereinafter provided, to open his office at the hour.of nine(9;00)o'clock A.M.on each of said days,and keep the same open until the hour of five (5;00) o'clock P.M. on each of said days,except an hour's intermission between 12o'clock noon and 1 P.M. on said days. And he shall proceed to make a Registry list of all persons who shall appear before him and show themselves qualified and entitled to vote at said special election. In making such registry list,it shall be his duty to make an alphabetical list for each of the wards of the City, each list containing all of the electors legally qualified to vote at said special election,residing in its particular ward, and said list shall show the voters arranged alphabetically according to their surnames,and their places of residence,as near as may be. Said Registry Agent shall enter the names in full of all persons upon the list in their respective wards who shall apply to be registered, and who shall possess or will possess on the day of election the requisite qualifications entitling them to register and vote under the provisions of the .laws of the State of Montana,where franchises are submitted to the vote of the resident freeholders whose names appear on the City or County tax roll preceding such election. Section 2. Said Registry Agent shall, at least thirty days preceding said special- election,cause to be printed and posted a list of all electors registered by him as entitled to vote at such special election in the several wards of said City. Such printed list of registered electors shall contain the name of the elector in full,t gether with his residence, giving the number and street,or the name of the house shown on such regis- try and the registry number. Said Registry Agent shall cause to be posted,not less than thirty days before said special election, at least five copies of such printed registry list in at least ' five conspicuous places within said ward and shall retain a sufficient number of said printed lists of registered voters in his office as may be necessary for the convenience of the public. He shall furnish to any qualified elector of said city applying therefor a copy of the same and,at least five days preceding said special election,he shall post said lists in the respective wards of said Oity to which they relate at the respective places at which votes will be received at said special election in a conspicuous place where it will be accessable to persons who r desire to inspect the same. Section 3. Such Registry Agent shall close all registration for said election for the full period of forty-five days prior to and before said election. He shall cause to be published in a daily newspaper published within,and of general circulation in,said City,for thirty days before said forty-five 01 day period when said registration shall be closed for such election, a notice signed by him to the effect that such registration for said special election will be closed on the day provided by law, and which day shall be specified in such notice,and stating also that the electors may register for said special election by appearing before him at his office to be designated in said notice on the registration days herein provided for. The publication of such notice must continue for the full period of thirty days.At least thirty days before said registration shall be closed for said special election,said Registry Agent shall also cause to be posted in at least five conspicuous places in each voting precinct at such eleetion,that is to say, in at least five such places in. each ward in said city,a copy of said notice stating the time when such registration will close for said election: Section 4. When any persons shall apply to have his or her name entered upon the list of any of the wards or said City,and the said Agent is in doubt as to his or her qualifications,he shall require the applicant to answer on oath or affirmation the following questions,together with such other pertinent questions as said Agent may deem proper to propound for the purpose of ascertaining the truth of such applicant's qualifications: 1. Are you a citizen of the United States? 2. Are you now or will you become 21 years of age on the day preceding said election ? 3. On the day preceding said election will you have actually resided in the State of Montana for one year;in the City of Kalispell for 6 months;and in the ward where you now reside for 30 days? 4. In what ward do you reside? 5. Are you a freeholderY 6. Does your name appear on of the City of Kalispell preceding such election't the last City or County Tax Roll or of Flathead County,Montana, If satisfied of the qualifications of the applicant,the Registry Agent shall enter the applicant's name upon the list of -the ward wherein such applicant resides and note the fact of his having been sworn as to his or her qualifications to register. That at said election only those persons who are resident freeholders of the City of Kalispell and whose names shall appear on the City or County tax roll preceding such election shall be entitled to vote. It shall be the duty of such Registry Agent to deliver to the officers of said special election,of each of the wards,the list of electors so qualified,at the time or before the opening of the polls of such special election. Section 5. If for any cause the regularly appointed Registry Agent shall fail or be unable to act or discharge the duties required of him,it shall be the duty of the Mayor.or acting 1dayor in case of the Mayor's absenee,to appoint such other person who shall possess all the qualifications required of such agent,to act as such agent,and such appointee shall have the same powers as are hereinbefore provided for the Registry Agent. That said iegistry Agent shall receive as compensation for his services in discharging the duties imposed upon him by this 6rdinance,the sum of five dollars $5.00)Dollers per day for each day he shall keep his said office open and for each day when he shall post such notices,and in addition the sum of five cents for each and every name entered in the poll books, to be paid as other claims against the City of Kalispell. Section 6. It shall be the duty of the City Clerkto furnish,at the expense of the City,to such Registry Agent,all necessary books,stationery and supplies that shall be required by said Registry Agent in making out the registry' lists. In all respects:wherdin not herein specifically otherwise provided, the Registry Agent shall perform the duties of Registry Agent with reference to said Special election in the same manner and with the same effect as is provided in any Ordinance providing 319 for special elections in the City of Kalispell,and the provisions of any such ordinance,where not in conflict with the provisions of this Ordinance,shall govern the registration of said election. Section 7. No failure strictly to comply with the provisions of the foregoing ordinance shall affect the validity of such election,a substantial compliance therewith being hereby declared to be all that shall be necessary and any and all errors in the registration of voters or in the publication of any notices herein provided for shall be immaterial unless objection thereto is made ' and proceedings taken to stay said election on the ground of such failure or errors prior to said election being held. Section 8. This ordinance shall be in full force and effect after thirty days after its passage. PASSED BT TIIE CITY COUNCIL OF KALISPELL,and APPROVED BY THE MAYOR,this 5th.day of January,A.D. 1931. B.F.Vosburgh. Mayor. Attest: C.E.Trekell City Clerk. State of Montana ) cijytgfolnej�dl S. j.�sp I,the undersigned,as City Clerk of the ' City of Kalispell,lviontana,do hereby certify that on the 6th.day of Tanuary,1931,I posted a copy of the foregoing ordinance in my office and that the same remained do posted for the period of five days thereafter,and that the foregoing record is a true copy of the ordinance as passed by the Council. Witness my hand this 14th.day of January,1931. 4 City Clerk.