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1988 PETITION DIST 16-31 CARDWELL TO HARRISON DIST 23 BEFORE THE COUNTY SUPERINTENDENTS OF 'CHOOLS 1 FOR MADISON AND JEFFERSON COUNTIES 2 3 In Re: Petition to Transfer ) FINDINGS OF FACTS Certain Land from Joint ) CONCLUSIONS 4 Elementary District No. ) AND ORDER 16-31 to District No. 23 ) 5 * * * * * * * * * * * * * 6 A Petition was filed with Madison County Superintendent of 7 Schools on September, 22, 1988 requesting a hearing before the 8 County Superintendents of Madison and Jefferson Counties to . 9 transfer certain land from Elementary District No. 16-31 , 10 Cardwell , to Elementary District No . 23 , Harrison . The 11 description of such land is enclosed in the hearing notice. A 12 copy of the Petition is attached hereto as Exhibit "A" . 13 Pursuant to Section 20-6-312 MCA, a hearing was held October 14 27, 19888 at the Courthouse in Virginia City, Montana before the 15 County Superintendents of Schools of Madison and Jefferson 16 Counties. 17 Setion 20-6-213 MCA provides for the procedure to follow 18 when residents of the one school district seek to change a 19 boundary line between two school districts. In this case, the 20 boundary in question is part of a joint district between two 21 counties . Therefore , the law provides that both county 22 superintendents hear the question. 23 From all of the proceedings, the Superintendents make the 24 following: 25 FINDING OF FACT 26 1) . The territory described is contiguous to School 27 District No. 23, Harrison. 28 2) . The transfer of the territory will not reduce the taxable value of the district to less that $100, 000. 00 29 3) . The territory is not located within 3 miles , over the 30 shortest practical route, of an operating school of the district from which it is to be detached. 31 32 4) . The board of trustees of Harrison Elementary School District No. 23 have approved the transfer. 1 5) . The number of elementary children affected by the land transfer is four (4) . 6) . The following reasons were given for requesting the land transfer: 4 a) We as residents of Madison County desire that our children attend elementary school in Madison County. 5 b) We reside closer to the Harrison School than the 6 Cardwell School and desire that our children attend school in Harrison. 7 c ) We believe our influence on the Harrison 8 Elementary School will have a greater effect than 9 our influence on the Cardwell Elementary School . • 10 d) We desire the taxes we pay for school purposes be utlized wholely in Madison County. 11 e) In addition to education considerations we have 12 more ties with the Harrison area than with the Cardwell area including such factors as social , 13 family, civic, and governmental interests. 14 7) . The Superintendents find that reasons provided by 15 petitioners in paragraph 6 are persuasive and that the petition 16 should be granted. 17 8) . There was no opposition to the petition. 18 CONCLUSION OF LAW 19 1. The Superintendents of Jefferson and Madison Counties 20 have jurisdiction of this matter and the petition is properly 21 before them. 22 2. The petition is in all respects satisfactory and proper 23 procedures have been followed in all respects. 24 3 . Opponents had satisfactory legal and practical 25 opportunity to be heard. 26 4. The petition should be granted. 27 28 29 30 31 32 1 ORDER 2 IT IS THEREFORE ORDERED that the attached petition is 3 granted ad that the property shall be and hereby is transferred 4 from joint School District 16-31 to the Harrison School District 5 23 forthwith. 6 7 Dated: / ' /�... Dated: ;'✓//(1/ ; �' lei /ff- 8 'cque ' ne Pace,e.,rrprrc�ry Helen Williams 11 /vadis '-' County Jefferson County ' Superintendent of Schools Superintendent of Schools 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 26 27 28 29 30 31 32 PETITION ' TO THE COUNTY SUPERINTENDENTS OF SCHOOLS FOR MADISON AND 1 JEFFERSON COUNTIES: 2 joint • 3 The undersigned hereby petition to transfer territory from j . 4 School District 16-31 to School District 23 pursuant to Section 6 20-6-213 MCA as follows : • 8 1. Come now residents of Joint School District 16-31, who 7 affected by this petition in Township 1 reside in territory erintendents of 8 South Range 2 West and request that the County Sup 9 Schools for Madison and Jefferson Counties , transfer territory 10 described herein located approximately 6 miles northwest of 11 Harrison , Mt . to Madison County School District 23 for the 12 following reasons: 13 a) We as residents of Madison County desire that our 14 children attend elementary school in Madison County. . 15 b) We reside closer to the Harrison School than the 16 Cardwell School and desire that our children attend 17 school in Harrison. 18 c) We believe our influence on the Harrison elementary 19 school will have a greater effect than our influence . 20 on the Cardwell elementaty school . 21 d) We desire the taxes we pay for school purposes be 22 utilized wholely in Madison County. 23 e) In addition to education considerations we have more, 24 ties with the Harrison area than with the Cardwell area 26 including such factors as social , family, civic, and 26 governmental interests. 27 2 . There are four ( 4 ) elementary school aged children who 28 reside in the territory to be transferred. 29 3 . A description of the territory to be transferred is as 30 follows: -.31 ' a) Northeast Quarter, Section 7 , Township South, Range 2 s specifically including 32 West, P.M.M. , P Herbert C. held under lease number 8709 and 6105 by 1 VonBergen. b) Northwest Quarter, Section 8 , Township 1 South, Range 2 West, specifically and including that State Land held under 1 lease number 8709 and 6105 by Herbert C. VonBergen. 2 c) Section 5, Township 1 South, Range 2 West South half South half. 3 d) Section 6 , Township 1 South, Range 2 West Southeast . 4 quarter. 5 4. Territory requested to be transferred is contiguous to 6 the District to which it is to be attached. 7 5. Such territory is not located within 3 miles , over the 8 shortest practical route, of an operative school of the 9 district from which it is to be detached. 10 6. The transfer of such territory will not reduce the • 11 taxable value of the District to less than $100,000. • 12 7. The Board of Trustees of School District 23 have 13 approved the transfer or will have approved the transfer 14 by the time of a hearing on this petition before 15 the County Superintendents. 16 8 . The undersigned registered voters in Madison County and 17 18 residents of the above described territory for 30 days do hereby :: , petition the Madison and Jefferson County Superintendents of Schools to transfer this territory from School District #16-31 to 21 Madison County School District #23 . 22 Signature Print last name Date 23 /iD d 24 • , . , - -., 4....=.1-. 1 k Al—& -- Von) "-gQrct- eel 26 • LL; ., r '. IZAlh____112 .1_,ALIJ 77/120, ' Ii k 1 . • . . F?-)n -1 /2-1 1 27 W4.14% tj ■28 Mt-c. .4;'c.c,c-", 29 J-C-,-�`) ` t.a{-t...,'L . /l�or• Vi //r: C, 30 31 • 32 2 t NOTICE OF PUBLIC HEMUING PLEASE TAKE NOTICE,PUI.,;UANT TO 20-6-2.13 M.C.A. A PUBLIC HEARING WILL BE HELD BEFORE JACQUELINE PACE, CONTRACTED OFFICER BY MADISON. COUNTY SUPERINTENDENT OF SCHOOLS, PATRICIA MILLER, AND COUNTY SUPERINTENDENT OF SCHOOLS.TOR JEFFERSON COUNTY, HELEN WILLIAMS. THE HEARING WILL BE HELD IN THE COURTROOM OF MADISON COUNTY, VIRGINIA CITY, MONTANA, ON MONDAY OCTOBER 27, 1988 AT 1 :00 P.M. THE ELECTORS RESIDING 1N JOINT SCHOOL DIST #16-31 , NORTHEAST QUARTER, SECTION 7, TOWNSHIP 1 SOUTH, RANGE 2 WEST, P.M.M. , SPECIFICALLY AND INCLUDING THAT STATE LAND HELD UNDER LEASE NUMBER 8709 AND 6105 BY HERBERT C. VON BERGEN; NOR'THWES'T' QUAR'T'ER, SEC'T'ION 8 TOWNSHIP 1 SOUTH, RANGE 2 WEST, SPECIFICALLY AND INCLUDING THAT STATE LAND HELD UNDER 8709 AND 6105 BY HERBERT C. VON BERGEN; SECTION 5, '1'OWNSIIJ P 1 SOUTH, RANGE 2 WEST SOUTH HALF SOUTH HALF; SECTION 6, TOWNSHIP l SOUTH RANGE 2 WEST SOUTHEAST QUARTER, MADISON COUNTY , REQUEST TRANSFER '1'O SCHOOL DISTRICE #23 HARRISON, MADISON COUNTY, MONTANA. ANY RESIDENT OR TAXPAYER OF EITIIER-AFFECTEU .DISTRICT HAS A RIG!I'1' '1O BE HEARD AT THIS PUBLIC HEARING. 1 ' . I : I