Resolution - 1988 - 06-88 - Special Election Liquor By The Drink - 10/18/1988
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RESOLUTION NO. 6-88
A RESOLUTION CALLING A SPECIAL ELECTION, PURSUANT TO SECTION 23-
917 , IDAHO CODE, TO BE HELD AND CONDUCTED WITHIN THE CITY OF
EAGLE, IDAHO, ON NOVEMBER 8, 1988, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF WHETHER THE
SALE OF LIQUOR BY THE DRINK SHALL BE LICENSED AND PERMITTED IN THE
CITY OF EAGLE; PROVIDING FOR THE TIME AND PLACE OF SAID ELECTION;
PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR
OTHER MATTERS RELATING THERETO
WHEREAS, the City of Eagle, of Ada County, Idaho (the
"Ci ty"), is a municipal corporation duly organized and operating
under the laws of the State of Idaho, in which the sale of liquor
by the drink is not presently permitted: and
WHEREAS, Sections 23-917 through 23-920, Idaho Code, provide
that, when a petition in writing signed by not less than 20% of
the registered, qualified electors of a city is filed with the
clerk of the city, an election shall be held to determine whether
the sale of liquor by the drink shall be licensed; and
WHEREAS, a petition in writing calling for an election on the
licensing and sale of liquor by the drink signed by not less than
20% of the registered, qualified electors of the City has been
filed with the Clerk of the City, all in accordance with Sections
23-917 through 23-920, Idaho Code, and the Council now desires to
call a special election on said question as provided by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EAGLE, IDAHO, as follows:
Section 1: A special municipal election is hereby called
within the City to be held on Tuesday, November 8, 1988, for the
purpose of enabling the qualified, registered electors of the City
to vote upon the proposition set forth in Section 3 hereof. Said
election shall be held in accordance with the laws of the State of
Idaho, and in particular in accordance with the provisions of
Sections 23-917 through 23-920, Idaho Code.
Section 2: The polls of said election shall open at the hour
of 8:00 A.M. on November 8, 1988, and shall remain open continu-
ously on said day until the hour of 8:00 P.M., at which time the
polls shall be closed. The City, as its boundaries and corporate
limits are now fixed and established, shall consist of one (1)
voting precinct, the polling place for which is:
Eagle City Hall
Eagle, Idaho
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The City Clerk shall be the chief election officer, and the
Council shall, by motion or resolution, appoint an election judge
and at least two election clerks for said voting place for said
special election. The City Clerk is hereby authorized and
directed to procure such ballots and supplies, and incur such
expenses, as she deems appropriate and necessary for the proper
conduct of the special election.
Section 3: The ballot for said special election shall be in
substantially the following form:
CITY OF EAGLE
Ada County, Idaho
SPECIAL ELECTION -- LIQUOR BY THE DRINK
SHALL THE SALE OF LIQUOR BY THE DRINK BE
LICENSED AND PERMITTED WITHIN THE CITY OF
EAGLE, IDAHO?
Sale of Liquor by the Drink, Yes. . . . . [ ]
Sale of Liquor by the Drink, No . . . . . [ ]
INSTRUCTIONS TO VOTERS: To vote on the
foregoing proposition, the voter must make a
"X" in the space to the right of the words
"Sale of Liquor by the Drink, Yes" or "Sale of
Liquor by the Drink, No" according to the way
you desire to vote .on the question. All other
marks are forbidden. If you, by mistake or
accident, mark, tear, deface, or otherwise
mutilate this ballot, you may return it to the
election Judge and obtain another ballot.
Section 4: All persons eighteen (18) years of age or older,
who at the time of the special election are qualified electors of
the City, who have resided in the City for thirty (30) days prior
to the date of election and are properly registered, shall be
qualified to vote at said special election.
Persons may register at the office of the City Clerk, as
Registrar for the City, on any business day during office hours
and until 8:00 P.M. on Friday, October 21, 1988, and persons may
also register at the office of the Clerk of Ada County on any
business day during office hours and until 8: 00 P.M. on Friday,
October 28, 1988. Any elector who will complete his or her
residence requirement or attain the requisite voting age during
the period when the register of electors is closed may register
prior to the closing of the register. No qualified elector who
was duly registered as a voter, and who continues to reside at the
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same address or wi thin the same precinct in which he or she is
registered, and has voted in at least one general City or County
e~eotion within the past four years, shall be required to re-
register.
Qualified electors may vote by absentee ballot in the manner
provided by law.
The Council may, by motion or resolution, appoint a deputy
registrar to assist the City Clerk in the registration of
electors.
Section 5: The City Clerk shall cause the ballot for said
special election to be prepared and, as required by Section 50-
440, Idaho Code, cause to be printed, not less than fifteen (15)
days before said election, sample ballots containing the question
to be submitted, which sample ballots shall be in the same form as
the official ballots to be used, except that they shall have the
words "Sample Ballot" printed thereon, shall be on paper of a
different color than the official ballots, and shall not be
numbered. The City Clerk shall furnish copies of the same on
application at her office to anyone applying therefor. Said
sample ballots shall be published at least twice in the official
newspaper of the City, the last publication to be within five days
of the special election, or, in lieu of Publication, the City
Clerk may cause the sample ballot to be posted in three (3) public
places within the City.
Section 6: Notice of said special election shall be given
prior to said election by publishing notice of such election twice
in the official newspaper of the City, the last publication of
which shall be made not less than fifteen (15) days prior to the
election, or, in lieu of Publication, by posting of notice of
election in three (3) public places within the City, which notice
shall be in substantially the form of Notice of Election which is
attached hereto and by reference made a part hereof.
Section 7: When the polls of the special election are
closed, the election officials shall immediately proceed to count
the ballots cast at the election, which counting shall be
continued without adjournment until completed and the result
declared. The election judge and clerks shall thereupon certify
the returns of the election to the City Clerk, who shall present
the results to the Mayor and Council. The Mayor and Council shall
meet within six days following the election to canvass the results
of the election. The results shall be entered into the minutes of
the Council and proclaimed as final.
Section 8: Following the canvass of the election, the City
Clerk shall, as required by Section 23-919, Idaho Code, certify
the result thereof to the Director of the Department of Law
Enforcement of the State of Idaho. It is the intent of the Mayor
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and City Council that, if the sale
approved at said special election,
licensing and regulating the sale
providing license fees therefor, and
relating thereto, will be enacted
following said election.
of liquor by the drink is
an ordinance or ordinances
of liquor by the drink,
providing for other matters
within a reasonable time
Section 9: If a majority of the votes cast are "Sale of
Liquor by the Drink, Yes," licenses for sale of liquor by the
drink shall be issued by the City, in accordance with the
provisions of Chapter 9, Title 23, Idaho Code, and in accordance
with the ordinances of the City.
Section 10: The Mayor, City Clerk, and City Attorney are
hereby authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this resolution.
DATED this 18th day of October, 1988.
CITY OF EAGLE
::a Cï: / r~
Mayor
ATTEST:
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Cit Cl rk / I .--¡~
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