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HomeMy Public PortalAboutResolution 09-08 Election Canvass 8.4.09RESOLUTION NO. 09-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD ON AUGUST 4, 2009 FOR THE PURPOSE OF CONSIDERING THE FOLLOWING QUESTION:"SHALL THE CITY OF MCCALL RETAIN ITS ORGANIZATION UNDER THE `COUNCIL-MANAGER PLAN'?", AND PROVIDING AN EFFECTIVE DATE WHEREAS, a municipal election was duly held on August 4, 2009, for the purpose of considering the following question: "Shall the City of McCall retain its organization under the `Council -Manager plan'?"; and WHEREAS, the judges and clerks of the election have conducted the election and made their return in the manner provided by law; and WHEREAS, the City Council now desires to canvass the votes and to declare the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, as follows: Section 1: ELECTION The municipal election of August 4, 2009, was duly and regularly called, noticed, held, and conducted, the votes cast thereat received and canvassed, and the returns thereof made in the time, form, and manner required by law and by the ordinances, resolutions, and proceedings taken by the City. Section 2: NOTICE OF ELECTION Notice of the municipal election was duly and legally given prior to said election by the publication of appropriate notice in the official newspaper of the City prior to the election, the first publication being at least 45 days prior to the election, followed by additional notice being published at least fifteen (15) days prior to the date of the election. Section 3: POLLS The polls of the municipal election were opened at 8:00 o'clock A.M. on August 4, 2009, and remained open continuously until closed at the hour of 8:00 o'clock P.M., at the polling place designated by the City Clerk. Section 4: QUALIFIED ELECTORS Only persons who were, on August 4, 2009, qualified electors of the City, within the meaning of Article 6, Section 2, Idaho Constitution, and Section 50-413, Idaho Code, eighteen (18) years of age or older, citizens of the United States and of the State of Idaho and who had been bona fide residents of the City for at least thirty (30) days preceding the election, duly registered to vote therein, were permitted to vote at the municipal election, and no person qualified to vote at said election was refused the right to vote. Resolution 09-08 Page 1 August 6, 2009 Section 5: BALLOTS The ballots used at the municipal election were in the form prescribed by law. A sample ballot, in the form prescribed by law, was posted in at least three (3) public places within the City and published twice in the official newspaper of the City, as provided by law. Section 6: CANVASS The City Council has examined the returns of the municipal election and hereby canvasses the returns of the election. The total number of votes cast at said election for Shall the City of McCall retain its organization under the 'Council -Manager plan'?: Total votes cast 505 In favor of retaining 293 Against retaining 212 Majority votes cast in favor of the City of McCall retaining its organization under the "Council -Manager Plan Minimum majority votes required for the change in the form of government: 254 Section 7: DECLARATION OF RESULTS Upon canvass, it is found that the results for the City of McCall retaining its organization under the 'Council -Manager plan' are: The City of McCall retaining its organization under the "Council -Manager Plan In accordance with the provisions of Idaho State Law, the Council -Manager form of government is hereby retained by the City of McCall in accordance with Idaho State Law. Section 8: RATIFICATION All actions taken by the City in connection with the election, the publication of notice thereof, the preparation and printing of ballots and sample ballots used at the election, and all other matters connected therewith, are hereby in all respects ratified, approved, and confirmed. Section 9: EFFECTIVE DATE This Resolution shall take effect and be in force immediately upon its passage and approval. DATED this 6 day of August, 2009. CITY OF McCALL Valley Cou , Idaho ert Kulesza, Mayor Resolution 09-08 August 6, 2009 Page 2