LEGAL NOTICE
TOWN OF SEWAHD, ALASKA
ORDINANCE NO. 223
AN ORDINANCE CALLING
AN ELECTION PURSUANT TO
ACTS OF CONGRESS TO IN
CUR AN INDEBTEDNESS AND
TO ENTER INTO PROJECT
CONSTRUCTION WITH THE
ALASKA PUBLIC WORKS, AN
AGENCY OF THE DEPART
MENT OF THE INTERIOR.
FOR THE PURPOSE OF CON
STRUCTING A MUNICIPAL
HOSPITAL. SAID PROJECT TO
COST THE TOWN OF SEWARD
NOT MORE THAN $400,000.
BE IT ORDAINED by the
Council of the Town of Seward,
Alaska:
Section 1. Election. That an
election be held on the 20th day
of January, 1953, for the pur
pose of determining whether or
not the Town of Seward, shall
enter into an agreement to pur
chase from the United States
a project pursuant to applicable
Acts of Congress and to pay
therefor a purchase price as
hereinafter described, and to in
cur indebtedness and to pay
interest thereon at the rate of
2 per cent per annum, and to
issue general obligation bonds
with interest at 2 per cent per
annum, payable semi-annually,
and to levy taxes and to per
form the obligations assumed
under the said agreement of
purchase, for the purpose of ul
timately constructing and own
ing a municipal hospital, to
gether with the necessary ap
purtenances.
Section 2. Form of Proposi
tions. That at said election the
following proposition be submit
ted to the qualified electors, as
hereinafter defined, of the Town
of Seward:
Proposition 1. Shall the
Town of Seward, Alaska, incur
indebtedness in a sum not to
exceed Four Hundred Thou
sand Dollars ($400,000) for the
purpose of acquiring a muni
cipal hospital, together with
the necessary equipment
therefor, of a permanent na
ture to be constructed by the
United States of America and
sold to the Town of Seward,
Alaska, at a price not in ex
cess of Four Hundred Thou
sand Dollars (S400.000), said
indebtedness to bear interest
at 2 per cent per annum, to be
evidenced by a Project Con
struction and Sales Agreement
between the Town of Seward.
Alaska and the United States
of America and by general ob
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ligation bonds to mature in not
to exceed thirty (30) years, se
cured by a pledge of the full
faith and credit of the Town of
Seward, Alaska, and to levy a
tax or taxes sufficient to pay
the interest and principal of
said bonds when due, all as
provided by Ordinance No.
223 of the Town of Seward,
Alaska, passed and approved
the 15th day of December,
1952, and assume the obliga
tion to operate and maintain
said public work?
Section 3. Qualifications for
Voters. The qualifications for
voters at said election shall be
as follows:
(a) They must be citizens of
the United States, twenty-one
(21) years of age and over.
(b) They must be actual and
bona fide residents of Alaska
and they must have been such
residents continuously during
the entire year immediately
preceding the election, and
must have been such residents
continuously for thirty (30)
days next preceding the elec
tion in the Town of Seward,
Alaska.
(c) They must be able to
read and write the English
language as prescribed and
provided in Title 38. Chapter
I. Section 2, A.C.L.A. 1949,
and not barred from voting
by any other provision of law.
(d) They must have regis
tered at the City Hall, Seward,
Alaska, within the time pro
vided by ordinance prior to
the election.
(e) Their names must appear
on the last tax assessment roll
or records for the purpose of
municipal taxation for said
Town of Seward, Alaska.
Section 4. Registration as Pre
requisite; Assessment Rolls Fur
nished Election Officials. Regis
tration shall be required as a
qualification of the voters at this
election as provided by the laws
of the Town of Seward. The reg
istration book will be open daily
at the office of tiie Municipal
Clerk and Registrar at the City
Hall, Town of Seward, Alaska,
from 10:00 A.M. until 3:00 P.M.
daily except Saturdays (from
10:00 AM. until 12:00 noon),
Sundays, and holidays and from
7:00 P.M. until 9:00 o'clock P.M.,
on Friday and Saturday, Jan
uary 16 and 17. 1953. Registra
tion will then be closed until
after election.
Copies of the registration books
or the registration books shall
be furnished the judges and
clerks of election. Judges and
clerks of election will also be
furnished a list of those whose
names appear on the last tax as
sessment roll or record for the
purpose of municipal taxation
for said Town of Seward, Alaska.
Section 5. Polling Place. All
qualified voters shall vote at
the City Hall, Seward, Alaska,
between the hours of 8:00 A.M.
and 7:00 P.M. on said election
day.
Section 6. Notice of Election.
Not less than twenty (20) days
notice of said election shall be
given to the public by posting
notices of the same in three (3)
conspicuous places within the
corporate limits of the Town of
Seward; said election notice shall
specifically state the amount of
bonds proposed to be issued and
the purpose for which said bonds
are to be issued, the date of
election, the time of opening and
closing the polling place, the
qualifications of voters and the
manner, time, method and place
of registration, proposition to
be voted upon; said election no
tice shall be posted in three (3)
conspicuous places within the
Town of Seward, Alaska, one of
which shall be posted on the
front door of the United States
Post Office.
Section 7. Form of Ballot. The
form of ballot shall consist of
a statement of the proposition
set forth in Section 2 above, with
the following added:
For Proposition "l" .Q
Against Proposition “1” .Q]
Section 8. All Laws lo be fol
lowed. All provisions of the laws
of the United States and of the
Territory of Alaska and the or
dinances of the Town of Seward,
Alaska, relating to the registra
tion at this election, the manner
of conducting the same and the
canvass of the returns thereof,
shall be as nearly as practicable
and except as herein provided,
complied with.
Section 9. Publication. Publi
cation of this Ordinance shall be
made by posting a copy hereof
on the City Hall Bulletin Board
for a period of ten (10) days fol
lowing the passage hereof.
Section 10. Suspension of
Rules. The rules governing the
introduction, posting, passage
and approval of ordinances are
hereby suspended and an emer
gency is declared, and this Ordi
nance shall be effective imme
diately upon its introduction and
passage this 15 day of December,
1952.
Section 11. Canvass of Votes.
Election officials shall be ap
pointed at the last regular or
general council meeting prior
to the said election and canvass
of votes shall be as required by
Town Ordinance; if the votes
cast in the affirmative of each
proposition be not less than six
ty-five (65%) per cent of the
votes cast at said election, then
the proposition shall carry;
otherwise it shall fail.
RUSSELL PAINTER
Mayor
Town of Seward, Alaska
ATTEST:
SIGR1D STEARNS
Municipal Clerk
Town of Seward, Alaska
Dec. 19, 26, 1952; Jan. 2, 1953
NOTICE
OF SPECIAL ELECTION
for the
TOWN OF SEWARD
NOTICE IS HEREBY GIVEN
that, in accordance with the Act
of Congress of May 28, 1936.
(40 Stat. 1388), and an Act of
Congress of August 24. 1949,
(63 Stat. 627) authorizing the
Town of Seward, Alaska, to en
ter into an agreement to pur
chase from the United States a
Municipal Hospital, provided
pursuant to said Act of Congress
of August 24. 1949, to pay there
for a purchase price of $400,000.
incur indebtedness, issue general
obligation bonds, and in accord
ance with Ordinance No. 223 of
said Town of Seward, passed and
approved December 15, 1952, for
the submission of the hereinafter
staled proposition to the quali
fied electors of said Town of
Seward whose names appear on
the last tax assessment roll of
said Town of Seward for muni
cipal tax purposes that being
the roll prepared for the calen
dar year 1952. A special election
will be held in the Town of Sew
ard, Alaska, on Tuesday, the
20th day of January, 1953, be
tween the hours of 8:00 o'clock
A.M. and 7:00 o'clock P.M. on
said day, the polling place for
which shall be the City Hall in
said Town of Seward, Alaska.
At said election will be submit
ted to the qualified registered
electors of said Town of Seward,
whose names appear on the last
tax assessment roll for said
Town of Seward for the calen
dar year 1952, the following
proposition:
Proposition 1. Shall the Town
of Seward, Alaska, incur in
debtedness in a sum not to ex
ceed Four Hundred Thousand
Doliars ($400,000) for the pur
pose of acquiring a municipal
hospital, together with the
necessary equipment therefor,
of a permanent nature to be
constructed by the United
States of America and sold to
the Town of Seward, Alaska,
at a price not in excess of Four
Hundred Thousand Dollars
($400,000), said indebtedness
to bear interest at 2 per cent
per annum, to be evidenced by
a Project Construction and
Sales Agreement between the
Town of Seward, Alaska and
the United States of America
and by general obligation
bonds to mature in not to ex
ceed thirty (30) years, secured
by a pledge of the full faith
and credit of the Town of Sew
ard, Alaska, and to levy a tax
or taxes sufficient to pay the
interest and principal of said
bonds when due, all as provid
ed by Ordinance No. 223 of the
Town of Seward, Alaska, pass
ed and approved the 15th day
of December, 1052, and assume
the obligation to operate and
maintain said Public work?
QUALIFICATION OF VOTERS
Those eligible to vote on the
above proposition at said elec
tion must possess all of the fol
lowing qualifications:
(a) They must be citizens of
the United States, twenty-one
(21) years of age and over.
(b) They must be actual and
bona fide residents of Alaska
and they must have been such
residents continuously during
the entire year immediately
preceding the election, and
must have been such residents
continuously for thirty (30)
days next preceding the elec
tion in the Town of Seward,
Alaska.
(c) They must be able to read
and write the English lan
guage as. prescribed and pro
vided in Title 38, Chapter I,
Section 2, A.C.L.A. 1949, and
not barfed from voting by any
other provision of law.
(d) They must have registered
at the City Hall, Seward, Al
aska, within the time provided
by ordinance prior to the elec
tion.
(e) Their names must appear
on the last tax assessment roll
or records for the purpose of
municipal taxation for said
Town of Seward, Alaska.
REGISTRATION
Those eligible to vote upon
the above proposition must have
registered prior to the election
in the manner provided by the
laws of the Town of Seward.
The registration books are open
daily, except Sundays and Holi
days, at the Office of the Muni
cipal Clerk and Registrar at the
City Hall, Seward, Alaska, from
10:00 o'clock A.M. until 3:00
o’clock P.M., except Saturdays,
when the books shall be open
from 10:00 o'clock A.M. until
12:00 o’clock noon; and from
7:00 P.M. until 9:00 o'clock P.M.,
•on Friday and Saturday, Jan
uary 16 and 17, 1953. Registra
tion will then be closed until
after election.
WITNESS my hand and offi
cial seal of the Town of Seward,
Alaska this 16th day of Decem
ber. 1952.
(Seal)
SIGRID STEARNS
Municipal Clerk
Dec. 19, 26, 1952; Jan. 2, 1953
IN THE DISTRICT COURT FOR
THE TERRITORY OF ALASKA,
THIRD DIVISION
JAMES R. AGOSTINO,
Plaintiff,
vs.
HOMER COAL CORPORATION,
an Alaskan Corporation,
Defendant.
No. A-7705
NOTICE OF MARSHAL’S SALE
OF PERSONAL PROPERTY
AND REAL ESTATE
Under and by virtue of a Spe
cial Execution and Order of Sale
issued out of the District Court.
Third Judicial Division. Terri
tory of Alaska, at Anchorage.
Alaska, in a foreclosure action
pending therein, wherein James
R. Agostino was Plaintiff, and
Homer Coal Corporation, an Al
askan Corporation, was Defend
ant, upon a judgment in favor
of the Plaintiff and against the
Defendant, for the sum of Two
Thousand. Nine Hundred Sixty
Five Dollars and Seven Cents
(S2.965.07), together with inter
est and costs of suit, said judg
ment having been rendered on
the 5th day of November, 1952,
and by the terms of said judg
ment all of the chattel property
and tile real estate described in
said foreclosure suit and herein
after described was ordered sold
to the highest bidder for cash to
satisfy and pay said judgment,
interest, attorneys fees and costs.
Said special execution and
order of sale was duly issued
out of the Office of the Clerk
of tiie District Court above de
scribed on the 26th day of No
vember, 1952, and on said day
and date duly attested.
In compliance with said writ,
I have levied upon all of the
right, title, claim and interest
of the said Defendant in and to
the following described personal
property to-wit:
Two (2) certain cabins located
on or immediately adjacent to
a tract of land in the Homer
Precinct, Territory of Alaska,
located in the SEVj of the
NE1 i of Section 24, Township
6 South, Range 14 West, of
the Seward Meridian, and
more particularly described as
follows, to-wit:
Beginning at the quarter cor
ner on the East line of Section
24; thence West Thirteen Hun
dred and Twenty feet along
the Northern boundary of Lot
4; thence North Two Hundred
and Twenty feet to the present
graveled road, along the East
boundary of Lot 3; thence
South 79 degrees and thirty
six minutes East Thirteen Hun
dred and Forty feet with the
road to the point of beginning.
The above described land con
tains Three and One-third
acres more or less, subject to
the rights of the Territorial
road.
Together with two (2) tons of
railroad rails, two (2) coal
cars, and all miscellaneous
mining tools and equipment,
on, at, or near said Homer
Coal Corporation’s, an Alas
kan Corporation, mines locat
ed in the vicinity of the above
described property.
Notice is heheby given that
on the 12th day of Jan. 1953, at
10:00 A.M., at the above de
scribed tract of land, on which
the cabins are located, I will
offer for sale and sell the said
two cabins and the two tons of
rail road rails, or so much there
of as is found on said premises,
and at the coal mine of the De
fendant near said tract of land,
and two coal cars and all mis
cellaneous mining tools and e
quipment located at, on or near
said coal mine of the Defendant.
And I will sell to the highest
bidder for cash, all, or so much
of said property as will satisfy
the judgment above described,
including all costs, interest, ac
cruing costs, and all accrued
costs, at public auction to the
highest bidder for cash.
Notice is further given that if
the chattel property above de
scribed does not bring enough
at said sale to satisfy said judg
ment in full, then I will, at the
same place above mentioned,
and at the same time, offer for
sale and sell to the highest bid
der for cash, the following de
scribed real estate:
A tract of land lying in the
Homer Precinct, Territory of
Alaska, in the SEU of the
NE!4 of Section 24, Township
6 South, Range 14 West, of the
Seward Meridian, and more
particularly described as fol
lows:
Beginning at the quarter cor
ner on the East line of Section
24: thence West Thirteen Hun
dred and Twenty feet along
the Northern boundary of Lot
4: thence North Two Hundred
and Twenty feet to the pres
ent graveled road, along the
East boundary of Lot 3; thence
South 79 degrees and thirty
six minutes East Thirteen
Hundred and Forty feet with
the road to the point of begin
ning. The above described
land contains Three and One
third acres more or less, sub
ject to the rights of the Ter
ritorial road.
)r so much thereof as will sat
sfy said judgment, interest, at
orneys fees, and costs.
DATED this 4th dav of Dec..
1952.
WALTER E. HUNTLEY
United States Marshall.
Third Judicial Division,
Territory of Alaska
BY s Allan L. Peterson
Deputy
Bell & Sanders
Attorneys for Plaintiff
Dec. 12, 19, 26, 1952; Jan. 2. 1953
U.S. Department of the Interior
Bureau of Land Management
Land Office, Anchorage, Alaska
NOTICE FOR PUBLICATION
Notice is hereby given that
Joseph Alfred Cochran, entry
man. together with his witnesses,
James K. Foule and Comer B.
Cole, all of Kenai, Alaska, has
submitted Commuted proof on
his homestead entry, Anchorage
Serial No. 011756 for Lots 13
and 14. NW> 4NW»4NW> i, SV>
NW1 .iNW*4, Sec. 17 T. 5 N. R.
11 W. Seward M., as shown on
supplemental plat of Sec. 17 of
ficially filed 7 24 52, containing
44.61 acres, and it is now in the
files of the Land Office. Anchor
age. Alaska, and if no protest is
filed in the Land Office within
the period of publication or
thirty days thereafter, said final
proof will be accepted and final
certificate issued.
VIRGIL O. SEISER,
Manager
First Publication Jan. 2, 1953
Last Publication Jan. 30, 1953
U.S. Department of the Interior
Bureau of Land Management
Land Office, Anchorage, Alaska
NOTICE FOR PUBLICATION
Notice is hereby given that
Oris Raymond Russell entryman,
together with his witnesses, Al
fred M. Anderson and Thomas
Douglas Hogan, all of Homer.
Alaska, has submitted final proof
on his homestead entry, Anchor
age Serial No. 011164 for land
emaraccd in U.S. Survey No.
3002, Situated on the northerly
shore of Kachemak Bay 1.00
chain West of Swift Creek and
Dependent Resurvey of line 3-4
H.E.S. No. 79 Lat. 59 47’ 18"
N. (approx.), Long. 151 04’ 48"
W. (approx.) containing 51.74
acres, and it is now in the files
of the Land Office, Anchorage,
Alaska.
If no protest is filed in the
Land Office within the period
of publication or thirty days
thereafter, said final proof will
be accepted and final certificate
issued.
VIRGIL O. SEISER,
Manager
First Publication Jan. 2, 1953
Last Publication Feb. 27, 1953
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