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28 of 1979 - A resolution finding and promulgating the results of an election held in Salt Lake City, Utah, on Ma -111111, /� RESOLUTION NO. 28 of 1979 J Salt Lake City, Utah May 21 , 1979 The Board of Commissioners of Salt Lake City, Salt Lake County, Utah, met in regular public session at its regular meeting place in Room 301, in the City and County Building in Salt Lake City, Utah, at 8:00 o'clock a.m. on the 21st day of May, 1979, with U gs�slli s Jr. xx a�xxx, presiding. At the Tem orary Chairman direction of the �k, the roll of the board was called with the following result: ZadxlmoWiIa0M, mayor /0.gaRxAcvDckarygax Ga madaHc3ckelmmq Glen N. Greener, Commissioner Jennings Phillips, Jr., Commissioner David C. Campbell Commissioner Absent: Ted L. Wilson Mayor Jess A. ARraz Commissioner Also present were Mildred V. Higham, City Recorder, and Roger F. Cutler, City Attorney. After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, the City Recorder presented to the board an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time and place of the May 21, 1979, meeting in compliance with the requirements of Section 52-4-6(2), Utah Code Annotated, 1953, as amended, by (posting written notice of the meeting at the principal office of the board and (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Salt Lake City, Utah, or to a local media correspondent. The affidavit was ordered recorded in the minutes of the meeting and is as follows: NOTICE OF MEETING OF THE BOARD OF COMMISSIONERS OF SALT LAKE CITY, UTAH PUBLIC NOTICE is hereby given that the Board of Commissioners of Salt Lake City, Utah, will hold a meeting in Room 301 in the City and County Building in Salt Lake City, commencing at 8:00 o'clock a .m. on Monday, May 21 , 1979 • The Agenda for the meeting consists of the following: To Canvass the Returns of the May 15, 1979 Council—Mayor Election. APPROVING A RESOLUTION finding and promulgating the results of an election held in Salt Lake City, Utah, on May 15, 1979, to determine the issue of whether Salt Lake City Corporation should adopt the council —mayor form of government. • DATED: May 18. 1979 By: 7f1,,(.f'//.G c�6 /41- 1R.,A' (I STATE OF UTAH ss. County of Salt Lake ) On the 18th day of May , 1979 , I personally delivered a copy of the foregoing notice to each member of the Board of City Commissioners and posted copies of the same in con- spicuous view, at the following times and locations within the City and County Building, Salt Lake City, Utah: (1) At 8:30 o'clock a .m. in the City Recorder's office, Room 200; and (2) At 8:35 o'clock a .m. in the newsroom in Room 301. V Subscribed and and sworn to before me this 18th day of May , 19 79 • NOTARY PUBLIC, Residing in Salt Lake County, Utah Commi.:ssion Expires: • STATE OF UTAH ss. County of Salt Lake) I, the undersigned, the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah, do hereby certify, according to the records of said city in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of agenda, date, time and place of the May 21, 1979, regular public meeting held by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah, by: (a) causing a Notice of Public Meeting to be posted at the principal office of the board at Room 200 in the City and County Building, in Salt Lake City, Utah, on May 18, 1979, at least twenty-four (24) hours before the convening of the meeting, the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during the regular office hours of the board until the convening of the meeting; and (b) causing a copy of the Notice of Public Meeting in the form attached hereto as Exhibit A to be proviided on May 18, 1979, at least twenty-four (24) hours before the convening of the meeting, to Deseret News, a newspaper of general circulation within the geographic jurisdiction of Salt Lake City, and to each local media correspondent, newspaper, radio station or television station which has requested notification of meetings of the Board of Commissioners. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Salt Lake City, Salt Lake County, Utah, this 4/1-1- day of May, 1979. //zz // <iivvt- City Recorder, Sal ake City, Salt Lake County, ah [AFFIX SEAL HERE] -2- Thereupon after the conduct of business not pertinent to the following, the City Recorder presented the returns of the special election held in said city on May 15, 1979, which returns, including the lists of challenged voters, had been certified to the Board of Commissioners by the judges of election appointed to conduct the election, together with all absentee ballots in her custody. The returns were ordered filed with the official records of the Board of Commissioners. Election judges were appointed to count the aforesaid absentee ballots which had been delivered by the City Recorder. After such absentee ballots had been opened, verified and deposited in a ballot box, they were counted by the aforesaid election judges and the resulting tally was added to the official canvass. NO BALLOTS WERE RECEIVED. It was thereupon moved by Jennings Phillips, Jr. and seconded by Glen G. Greener that the Board of Commissioners set as a Board of Canvassers for the purpose of canvassing and declaring the results of the aforesaid)mot election. The returns of the election were then canvassed by the Board of Commissioners and it was determined that the following numbers of persons seeking to vote were challenged, the following numbers of mutilated ballots were cast but not counted, and that of a total of 18,927 votes cast at said election, the following votes were ascertained to have been cast for and against the following proposition at the following polling places: -3- NUMBER NUMBER OF TOTAL NUMBER OF OF VOTES MUTILATED VOTES POLLING PLACE VOTES FOR AGAINST BALLOTS CAST East High School Boys Gym 330 51 381 Sunnyside LDS Complex 116 3 119 Lincoln School 197 114 311 Isabel Taylor 198 108 306 South High School 156 49 205 Hawthorne School #1 224 76 300 Senior Citizens High Rise 258 57 315 Hawthorne School #2 181 47 228 Sentella Pace 221 62 283 Nibley Park School #1 190 71 261 Uintah School #1 345 45 390 Bonneville School 627 111 738 Emerson School 328 90 418 Uintah School #2 320 114 434 Clayton Intermediate School 434 73 507 Converse Hall Westminster College 225 65 290 Garfield School 342 107 449 Highland High School 356 101 457 Highland Park School #1 340 98 438 Nibley Park School #2 339 89 428 Bonneville Golf Course Club House 353 43 396 Indian Hills School 446 43 489 Monument Park 9th-llth LDS Wards 375 63 438 Dilworth School 407 63 470 Parley's 3rd-5th-7th LDS Wards 256 73 329 Beacon Heights School 274 81 355 Rosslyn Heights School 405 96 501 Highland Park School #2 509 116 625 NUMBER NUMBER OF TOTAL NUMBER OF OF VOTES MUTILATED VOTES POLLING PLACE VOTES FOR AGAINST BALLOTS CAST Newman School 399 83 482 Rose Park School 324 132 456 West High School 69 48 117 Washington School 299 86 385 Meadowlark School 69 15 84 Backman School #1 240 116 356 Backman School #2 126 73 199 Jackson School 103 47 150 Salt Lake Community High School 53 21 74 Castle Heights Apartments (Foyer) 284 48 1 332 Lowell School 146 29 175 W. Douglas Merrill 266 51 317 Ensign School #1 191 49 240 Ensign School #2 413 55 468 Leila Ethington 283 41 324 Wasatch School 486 74 560 Edison School 184 78 262 Franklin School 96 47 143 Fire Station #12 37 14 51 Park View School 241 104 345 Glendale Park School 219 92 311 Riley School 203 83 286 Jefferson LDS Ward 130 102 232 City and County Building 91 19 110 2nd Floor Board of Education Administration 118 33 151 Building Bryant Intermediate School 223 52 275 University LDS Ward 266 38 304 Henry P. Fetzer Company 179 39 218 Friendship Manor 262 42 304 Central City Community Center 79 44 123 M. Lynn Bennion School 177 55 232 NUMBER OF NUMBER OF CHALLENGED VOTERS POLLING PLACE CHALLENGED VOTERS PERMITTED TO VOTE Newman School 0 Rose Park School 0 West High School 0 Washington School 0 Meadowlark School 0 Backman School #1 0 Backman School #2 0 Jackson School 0 Salt Lake Community High School 0 Castle Heights Apartments (Foyer) 0 Lowell School 0 W. Douglas Merrill 0 Ensign School #1 0 Ensign School #2 0 Leila Ethington 0 Wasatch School 0 Edison School 0 Franklin School 0 Fire Station #12 0 Park View School 0 Glendale Park School 0 Riley School 0 Jefferson LDS Ward 0 City and County Building (2nd Floor) 0 Board of Education Administration 0 Building Bryant Intermediate School 0 University LDS Ward 0 Henry P. Fetzer Company 0 Friendship Manor 0 Central City Community Center 0 M. Lynn Bennion School 0 • • • NUMBER OF NUMBER OF CHALLENGED VOTERS POLLING PLACE CHALLENGED VOTERS PERMITTED TO VOTE East High School Boys Gym 0 Sunnyside LDS Complex 0 Lincoln School 0 Isabel Taylor 0 South High School 0 Hawthorne School #1 0 Senior Citizens High Rise 0 Hawthorne School #2 0 Sentella Pace 0 Nibley Park School #1 0 Uintah School #1 0 Bonneville School 0 Emerson School 0 Uintah School #2 0 Clayton Intermediate School 0 Converse Hall Westminster College 0 Garfield School 0 Highland High School 0 Highland Park School #1 0 Nibley Park School #2 0 Bonneville Golf Course Club House 0 Indian Hills School 0 Monument Park 9th-llth LDS Wards 0 Dilworth School 1 1 Parley's 3rd-5th-7th LDS Wards 0 Beacon Heights School 0 Rosslyn Heights School 0 Highland Park School #2 0 I • Thereupon, the following resolution was introduced in written form by Commissioner Jennings Phillips,was read in full, and Jr. pursuant to motion made by Com. Glen N. Greener and seconded by Corn. David C. Campbell , was adopted by the following vote: Aye: Commissioner Jennings Phillips, Jr. Commissioner Glen N. Greener Commissioner David C. Campbell Nay: None The resolution was then signed by the Mayor in open meeting and recorded by the City Recorder. The resolution is as follows: A RESOLUTION finding and promulgating the results of an election held in Salt Lake City, Utah, on May 15, 1979, to determine the issue of whether Salt Lake City Corporation should adopt the council-mayor form of government. * * * * * * * * * WHEREAS, pursuant to a resolution duly adopted on April 3. 1979 , a special election was called by this Board of Commissioners to be held in Salt Lake City, Salt Lake County, Utah, on May 15, 1979, for the purpose of submitting to the qualified registered electors of said city the proposition hereinafter set out; and WHEREAS, said election was duly and regularly held and the result thereof at each polling place has been determined by the judges of election appointed to conduct said election, and the returns thereof have been certified by the judges of election of this Board of Commissioners; and WHEREAS, a majority of the qualified, registered electors of the city who voted at said election, voted in favor of the revenue bond proposition hereinafter set out and said election results have today been officially canvassed by this Board of Commissioners and declared to have resulted in favor of the approval of the revenue bond proposition hereinafter set out; -4- • NOW, THEREFORE, be it and it is hereby resolved by the Board of Commissioners of Salt Lake City, Salt Lake County, Utah, as follows: Section 1. That there having been furnished to this Board of Commissioners the returns from each polling place at which the special election held in Salt Lake City, Utah, on May 15, 1979, was conducted, including duplicate lists of the name of each person offering to vote at said election who was challenged as to his right to vote by an election official, or any other person, the grounds for such challenge and whether such person was permitted to vote, and after examination and canvass of such returns and such lists of challenged voters, it is hereby officially found, determined and declared that 1 ballots were determined to be mutilated, 1 voters litiRtz challenged, was and of the challenged voters, 1 mbppcpermitted to vote, that as to the proposition set forth in full in Section 2 of this resolution, is 977 number of votes were case, of which 15,008 votes were in the affirmative and 1,qpg votes were in the negative. Section 2. That at the special election held in Salt Lake City, Salt Lake County, Utah, on May 15, 1979, the following proposition is hereby found and determined to have been approved by a majority of the qualified, registered electors of said city who voted at said election: PROPOSITION SHALL SALT LAKE CITY, UTAH ADOPT THE COUNCIL- MAYOR FORM OF MUNICIPAL GOVERNMENT TO TAKE EFFECT JANUARY 7, 1980. 1. Salt Lake City shall adopt the option form of municipal government known as the Council-Mayor form as prescribed in Section 10-3-1201, et seq. , Utah Code Annotated 1953, as amended. 2. Salt Lake City shall be divided into seven council districts substantially equal in population. One non-partisan candidate shall be elected from each council district. Council -5- members elected shall initially serve two year terms, if they are from odd-numbered districts, and four year terms if from even- numbered districts. The council comprised of seven members shall exercise the legislative authority of the City. 3. A mayor, elected by the voters of the municipality, shall exercise executive powers for the government. The mayor will, with the advice and consent of the council, appoint or remove department heads, fill the positions of recorder, treasurer, public works director (engineer), attorney, and director of finance. 4. The mayor shall exercise control of all departments within the municipal government; meet with and make recommendations to the council; and shall perform such other duties required and permitted by law. The mayor shall also have power to veto ordinances, tax levies, and appropriations. 5. The council shall appoint an independent auditor to perform the functions and fulfill the responsibilities set forth in the Uniform Municipal Fiscal Procedures Act. 6. The council shall exercise the legislative powers of the city government, including adopting ordinances, setting mill levies, adopting municipal budgets, reviewing municipal administration, conducting administrative and public hearings, and performing all duties that may be required of it by law. 7. The council shall be a part-time legislative body and shall meet at least twice monthly. Compensation of the council members and employees of the city shall be set by the council. The council shall have power to override the veto of the mayor by a vote of at least two-thirds of all council members. I I YES I I I I NO I I To vote in favor of changing the form of City Government, place a cross (X) in the square after the word "YES'. -6- • • To vote against changing the form of city government, place a cross (X) in the square after the words "NO". Section 3. That at the aforesaid special election, only qualified registered electors of the city were allowed to vote on the proposition submitted at said election. Section 4. That notice of said special election, embracing all matters required by law to be contained therein, was given by publication in the Salt Lake Tribune, a newspaper of general circulation published in Salt Lake City, Salt Lake County, Utah, on the following days: April 22, 1979, May 6, 1979, and May 13, 1979, the date of the first of said publications being not less than twenty-one (21) days nor more than thirty-five (35) days prior to the date set for said election; that said notice, as published, is hereby in all respects approved, ratified and confirmed; that the Board of Commissioners did in said resolution designate the polling places for said election and did provide the necessary ballot boxes, ballots, paraphernalia, equipment and supplies needed for the conduct of the election; that there was furnished to the election judges appointed for each polling place lists of registered voters residing in each regular election district entitled to use each such polling place; that only persons registered and qualified as electors under the Constitution and laws of the State of Utah voted at said election; that duplicate lists were prepared showing the name of each person offering to vote whose right to vote was challenged by an election official, or by any other person, the grounds for such challenge and whether or not such person was permitted to vote; that the ballots used at said election were in the form provided by law; that the officials to serve at said election were duly and properly appointed by the Board of Commissioners as provided by law, and that the polls at said voting places were opened at 7:00 o'clock a.m. and remained open until, and not later than 8:00 o'clock p.m.; that after the closing of the -7- polls, the ballots were properly counted and tallied, and the necessary records made by the judges of election in accordance with law, and the ballot boxes sealed and delivered to the Board of Commissioners, as required by law; that all absentee ballots in the custody of the City Recorder which were delivered to the Board of Commissioners were counted by election judges appointed by the Board of Commissioners and the resulting tally added to the official canvass in the manner prescribed by law; and that all things whatsoever required by law to be done in connection with the holding of said election were properly and duly performed in manner and form as required by law. Section 5. That this Board of Commissioners having adopted this resolution, determining that a majority of the qualified electors of the city voting on the aforesaid proposition assented to the adoption of the Council-Mayor form of municipal government, this Board of Commissioners is, therefore, authorized to proceed to implement the council-mayor form of government for Salt Lake City Corporation to become effective January 7, 1980. Section 6. That immediately after its adoption this resolution shall be signed by the Mayor and City Recorder, shall be recorded in a book kept for that purpose and sha take immediate effect. r p Passed and approved May In , 1979. l // 0( P, 0 Y CHAIRMAN Attest: XyLAGmr/L.- CITY RECORDER (Here follows other business not pertinent to the above.) -8- • Pursuant to motion duly made and seconded, the--Brd o • Commissioners adjourned. Tamp rary Chairman , Attest: CITY RECORDER STATE OF UTAH :ss. County of Salt Lake) I, Mildred V. Higham, hereby certify that I am the duly qualified and acting City Recorder of Salt Lake City, Salt Lake County, Utah. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a regular public meeting fo the Board of Commissioners of Salt Lake City, including a resolution adopted at said meeting, held on May 21, 1979, as said minutes and resolution are officially of record in my possession. I further certify that attached hereto as Exhibit A is a true and correct copy of the ballot prepared for use at the May 15, 1979, special election held in Salt Lake City, Utah, and which was taken from the same printing as the ballots actually used at that election. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and affixed the seal of said City this 21st day of May , 1979. 7/Additise 7).,L-44't CITY RECORDER [SEAL] -9- ill Resolution No. 2S t , By Jennings Phillips, Jr. COMMISSIONER Finding and promulgating the results of an election held in Salt Lake City, Utah, on May 15, 1979, to determine the issue of whether Salt LakeCity Corporation should adopt the council- mayor form of government. Presented to the Board of Commissioner$ AND PASSED MAY" 19r9 � , I • 1111616... i ;,