HomeMy Public PortalAboutResolution 04-16 LOT Election CanvassRESOLUTION NO. 04-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCall, VALLEY
COUNTY, IDAHO, CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE SPECIAL LOCAL-OPTION NONPROPERTY TAX ELECTION HELD ON
NOVEMBER 2, 2004, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY THE QUESTION OF ADOPTING AN ORDINANCE
ASSESSING A LOCAL-OPTION NONPROPERTY TAX; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, a special local-option nonproperty tax election was
duly held on November 2, 2004, for the purpose of submitting to
the qualified electors of the City of McCall (the "City") the
question of whether or not the City should adopt an ordinance
assessing a local-option nonproperty tax, as set forth in
Resolution No. 04-13 of the City, adopted on August 26, 2004; 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 special local-option nonproperty tax election of
November 2, 2004, 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 special local-option nonproperty tax 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 special local-option nonproperty tax
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 special local-option nonproperty tax
election were opened at 8:00 o'clock A.M. on November 2, 2004,
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and remained open continuously until closed at the hour of 8:00
o'clock P.M., at the voting place duly provided by Resolution No.
04-13.
Section 4: QUALIFIED ELECTORS
Only persons who were, on November 2, 2004, 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 next preceding the special local-
option nonproperty tax election, duly registered to vote therein,
were permitted to vote at the special local-option nonproperty
tax election, and no person qualified to vote at said election
was refused the right to vote.
Section 5: BALLOTS
The ballots used at the special local-option nonproperty tax
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 in the official
newspaper of the City, as provided by law and by Resolution 04-
13.
Section 6: CANVASS
The City Council has examined the returns of the special
local-option nonproperty tax election and hereby canvasses the
returns and declares the results of the election on the
proposition of whether or not the City of McCall, Idaho, should
adopt an ordinance assessing a local-option nonproperty tax, as
set forth in Resolution No. 04-13 of the City, adopted on August
26, 2004.
The total number of votes cast at said election for and
against the proposition was as follows: Total votes cast, 1429;
votes for, 1102; votes against, 327.
Section 7: AUTHORIZATION TO PROCEED
Upon canvass, it is found that the requisite majority of the
votes so cast at the special local-option nonproperty tax
election were cast in the affirmative; that the proposition on
whether the City should adopt an ordinance assessing a local-
option nonproperty tax duly passed; that the special local-option
nonproperty tax election was held and conducted in compliance
with the law; and that the City is authorized to proceed with the
adoption of the ordinance assessing a local-option nonproperty
tax as specified in the proposition.
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Section 8: RATIFICATION
Ail actions taken by the City in connection with the special
local-option nonproperty tax 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
immediately upon its passage and approval.
DATED this 3~ day of November, 2004.
and be in force
CITY OF McCALL
Valley County, Idaho
By. ~~~
Mayor
ATTEST:
City Clerk
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