8/16/2007

Voting on Power

A question had arisen in the comments about the right to vote on the coal plant. Firefly accused me of being lazy, so I looked it up for you.

Here is the original resolution, 2681. Note 5.20.110, which provides:

The City Commission may issue bonds, payable from the revenues of the electric utility, to design, construct, acquire, install and improve, from time to time, electrical utilities in accordance with the provisions of Title 7, Chapter 7, Part 43 and 44 of
Montana Code Annotated. If bonds are to be issued that are payable in part from the general fund or taxes levied by the City, such bonds may be issued only if approved by the electors of the City in accordance with Title 7, Chapter 7, Part 41, M.C.A.

Thus, the City contemplated GO bond financing that would have required a public vote. Then we have this later resolution:
Ordinance 2861 is hereby repealed.

There you have it.

3 comments:

Anonymous said...

Still Lazy
You must look at the Atty Oppinion that was profered to enact 2861, and it is an Ord. not Res.
Before any money is spent(not GO's) there will be a vote of the electors.

GeeGuy said...

Please provide a link to the attorney's opinion. I hope you do not refer to the AG opinion, because the one that I have seen is inapplicable on its face.

More info please.

Anonymous said...

Anon 9:08 & GeeGuy

Not to be daft but I am trying to find info on the city web page.

The draft ordinance is attached along with an Attorney General’s Opinion which affirms the City’s authority to establish an electric utility.

Working off the 2001 time frame when Tim Gregori wanted to be on the commission - is it beneficial to trace back to the original thoughts on city owned power plants began being discussed? Maybe things can better be linked to why the public right to vote was revoked.

From JOURNAL OF COMMISSION WORK SESSIONS
JULY 17, 2001:
Energy Costs are a significant uncertainty for future budgets. Our electric contract will sustain us through June 30, 2002, but we will be at the mercy of the open market thereafter.

Still searching