HomeMy WebLinkAbout091 - 08/17/1993 - CALLING A SPECIAL ELECTION FOR NOVEMBER 2, 1993 AUTHORIZING THE CITY TO COLLECT, RETAIN AND EXPEND U ORDINANCE NO. 91, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL ELECTION TO BE HELD IN CONJUNCTION
WITH THE NOVEMBER 2, 1993 COORDINATED ELECTION AND
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A
PROPOSED ORDINANCE AUTHORIZING THE CITY TO COLLECT, RETAIN
AND EXPEND UP TO 2.5 MILLION DOLLARS PER YEAR OF CITY REVENUES
IN EXCESS OF THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20,
OF THE COLORADO CONSTITUTION, BEGINNING IN 1993 AND
ENDING IN 1997, WHICH REVENUES SHALL BE USED FOR DEBT
REDUCTION AND FOR MUNICIPAL SERVICES AND FACILITIES
WHEREAS, under Article X, Section 3, of the Charter of the City of Fort
Collins, the Council of the City of Fort Collins has the power to submit any
proposed ordinance or resolution or refer any adopted ordinance or resolution to
the vote of the people at a regular or special election; and
WHEREAS, on November 3, 1992, the Colorado Constitution was amended by the
addition of Article X, Section 20; and
WHEREAS, Article X, Section 20, imposes certain limitations on the City's
collection retention and expenditure of City revenues; and
WHEREAS, if City revenue from sources not excluded from fiscal year
spending exceeds these limits in any fiscal year, the excess is to be refunded
in the next fiscal year unless the voters of the City approve a revenue change
as an offset; and
WHEREAS, City revenues from sales and use taxes, property taxes, fees and
other sources not excluded from fiscal year spending may exceed the foregoing
revenue and spending limits by as much as 2.5 million dollars per year in the
fiscal year 1993 through 1997; and
WHEREAS, the City Council believes that it is in the best interests of the
City for such excess revenues to be used for the payment of a portion of the
City's outstanding indebtedness and for such municipal services and facilities
as may be approved by the Council ; and
WHEREAS, the City Council has reviewed proposed Ordinance No. 91, 1993,
which would authorize the City to collect, retain and expend City revenues that
exceed the revenue and spending limits of Article X, Section 20, of the Colorado
Constitution up to the amount of 2.5 million dollars per year, beginning in 1993
and ending in 1997, 50% of which revenues would be used for debt reduction and
50% for municipal services and facilities as may be approved by the Council ; and
WHEREAS, in the considered opinion of the City Council , proposed Ordinance
No. 91, 1993, should be submitted to a vote of the people at a special City
election to be held on November 2, 1993, in conjunction with the Coordinated
Election which has been scheduled for said date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
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Section 1. That a Special Municipal Election in the City of Fort Collins
is hereby called for Tuesday, November 2, 1993, which shall be held in
conjunction with the Larimer County, State of Colorado, Coordinated Election at
such polls as are regularly established and announced for such elections, subject
to the provisions of the Uniform Election Code of 1992.
Section 2. That the polls shall be open at the hour of 7:00 a.m. and shall
remain open continuously until closed at 7:00 p.m.
Section 3. That said Special Municipal Election shall be held and
conducted, as nearly as may be in the manner prescribed by law, as in the case
of regular city elections conducted pursuant to the Charter of the City of Fort
Collins and the Statutes of the State of Colorado.
Section 4. That the use of an electronic system to record the votes at said
election is hereby authorized.
Section 5. That no vote, either for or against any measure submitted at
said election, shall be received by the election judges unless the person
offering to vote shall be a duly registered voter in the precinct in which he or
she offers to vote and, in addition thereto, said person is an elector of the
City of Fort Collins as defined in the applicable election laws.
Section 6. That pursuant to the provisions of Section 1-1-110, C.R.S. , the
Clerk of the City of Fort Collins is hereby authorized to certify to the Larimer
County Clerk and Recorder, prior to the fifty-fifth day before the election, the
ballot content for any measures submitted to the November 2, 1993 ballot by the
City Council .
Section 7. That at the Special Municipal Election to be held on November
2, 1993, there is hereby submitted to the registered electors of the City the
question of whether or not the following proposed Ordinance should be adopted:
PROPOSED ORDINANCE NO. 91, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO COLLECT, RETAIN AND EXPEND UP
TO 2.5 MILLION DOLLARS PER YEAR OF CITY REVENUES IN EXCESS
OF THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20, OF THE
COLORADO CONSTITUTION, BEGINNING IN 1993 AND ENDING
IN 1997, WHICH REVENUES SHALL BE USED FOR DEBT
REDUCTION AND FOR MUNICIPAL SERVICES AND FACILITIES
BE IT ORDAINED BY THE PEOPLE, THROUGH THE QUALIFIED ELECTORS
OF THE CITY OF FORT COLLINS, COLORADO:
Section 1. That the City of Fort Collins, Colorado, is hereby
authorized to collect, retain and expend City revenues that exceed
the revenue and spending limits of Article X, Section 20, of the
Colorado Constitution up to t he amount of 2.5 million dollars each
year, beginning in 1993 and ending in 1997, with fifty percent (50%)
of this amount to be used to reduce City debt, as directed by the
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City Council , and fifty percent (50%) to be used for police; fire
protection; parks; recreation; cultural and library services; street
construction, repair and maintenance; capital projects; and for such
other municipal services and facilities as the City Council may
approve by ordinance, notwithstanding any other State restrictions
on the collection, retention and expenditure of City revenues.
Section 2. That it is the intention of the qualified electors
of the City of Fort Collins that this Ordinance, and any part or
provision hereof, shall be considered severable; any invalidity of
any part, section, provision, clause, sentence or fragment of this
Ordinance will not affect the validity of any other portion of this
Ordinance.
Section 3. That this Ordinance is necessary to protect the
public health, safety and welfare of the residents of the City, and
covers matters of local concern.
Section 8. That the following ballot language is hereby adopted for
submitting the foregoing Ordinance No. 91, 1993, for approval by the voters:
PROPOSED ORDINANCE
AN ORDINANCE AUTHORIZING THE CITY OF FORT COLLINS, COLORADO, TO
COLLECT, RETAIN AND EXPEND CITY REVENUES THAT EXCEED THE REVENUE AND
SPENDING LIMITS OF ARTICLE X, SECTION 20, OF THE COLORADO
CONSTITUTION UP TO THE AMOUNT OF 2.5 MILLION DOLLARS EACH YEAR,
BEGINNING IN 1993 AND ENDING IN 1997, WITH 50% OF THE AMOUNT
ANNUALLY COLLECTED AND RETAINED TO BE USED TO REDUCE CITY DEBT, AS
DIRECTED BY THE CITY COUNCIL, AND 50% TO BE USED FOR POLICE; FIRE
PROTECTION; PARKS; RECREATION; CULTURAL AND LIBRARY SERVICES; STREET
CONSTRUCTION, REPAIR AND MAINTENANCE; CAPITAL PROJECTS; AND FOR SUCH
OTHER MUNICIPAL SERVICES AND FACILITIES AS THE CITY COUNCIL MAY
APPROVE BY ORDINANCE.
FOR THE ORDINANCE_
AGAINST THE ORDINANCE_
Section 9. That if a majority of all the votes cast at the election on the
measure shall be for the measure, the measure and the related Ordinance shall be
deemed to have passed.
Section 10. That the foregoing election shall be conducted under the
provisions of the Charter and ordinances of the City and the Uniform Election
Code of 1992.
Section 11. That the City Clerk of the City of Fort Collins shall give
public notice of the election on such measure:
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(a) By causing notice to be published in The Coloradoan, a daily
newspaper of general circulation and published once in the City,
once at least ten (10) days before election day; and
(b) By causing to be mailed at the least cost to "All Registered Voters"
at each address within the City at which a voter is registered no
sooner than twenty-five (25) days before the election, and no later
than fifteen (15) days before the election, a notice entitled
"Notice of Election on a Referred Measure." This notice shall
include only:
(1) The election date and hours for voting, the ballot title and
text of the measure submitted by this Ordinance to the
electors, and the office address and telephone number of the
City Clerk;
(2) Two (2) summaries, no more than five hundred (500) words each,
one for and one against the measure, of written comments filed
with the City Clerk no later than thirty (30) days before the
election. No summary shall mention names of persons or
private groups, nor any endorsement of or resolutions against
the measure. The City Clerk shall file and accurately
summarize all relevant written comments.
Section 12. That the notice of the election shall include the ballot
title, as well as the full text of the measure.
Section 13. That the officers of the City shall take all action necessary
or appropriate to effectuate the provisions of this Ordinance.
Section 14. That if any section, paragraph, clause, or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, such
decision shall not affect any of the remaining provisions of this Ordinance.
Introduced, considered favorably on first reading, and ordered published
this 3rd day of August, A.D. 1993, and to be presented for final passage on the
17th day of August, A.D. 1993.
ATTEST: Mayor
City Clerk
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Passed and adopted on final reading this 17th day of August, A.D. 1993.
ATTEST: Mayor
City Clerk
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