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HomeMy WebLinkAbout046 - 04/20/1982 - APPROVING THE DOWNTOWN DEVELOPMENT AUTHORITYS CALL FOR A SPECIAL ELECTION SUBMITTING TO THE QUALIFIE ORDINANCE NO 46 , 1982 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE APPROVING THE DOWNTOWN DEVELOPMENT AUTHORITY'S CALL FOR A SPECIAL ELECTION SUBMITTING TO THE QUALIFIED ELECTORS OF THE DOWNTOWN DEVELOPMENT DISTRICT A QUESTION REGARDING THE ISSUANCE OF BONDS AND THE IRREVOCABLE PLEDGE OF PROPERTY TAX INCREMENTS FOR PAYMENT OF THE PRINCIPAL OF, THE INTEREST ON, AND ANY PREMIUMS DUE IN CONNECTION WITH THE BONDS OF, LOANS, OR ADVANCES TO, OR INDEBTEDNESS INCURRED BY, WHETHER FUNDED, REFUNDED, ASSUMED, OR OTHERWISE, THE CITY OF FORT COLLINS FOR FINANCING OR REFINANCING, IN WHOLE OR IN PART, DEVELOPMENT PROJECTS WITHIN THE BOUNDARIES OF THE PLAN OF DEVELOPMENT WHEREAS, on April 5, 1982, at a regular meeting of the Fort Collins Downtown Development Authority, hereinafter referred to as the "Authority", the Authority, by resolution, called for a special election of the electors of the Downtown Development District, hereinafter referred to as "Dis- trict" , to answer the following question 1 Shall the City of Fort Collins issue bonds or otherwise provide for loans, advances or indebtedness from time to time in an amount not to exceed $25,000,000 at a maximum net effective interest rate not to exceed 18 per centum per annum, the use of which shall be to finance capital improvements and capital projects within the parameters of the Plan of Development of the Fort Collins Downtown Development Authority , and irrevocably pledge the special fund into which all of that portion of property taxes in excess of such taxes which are produced by the levy at the rate fixed each year by or for any public body upon the valuation for assessment of taxable property within the boundaries of the District last certified prior to the effective date of approval by the Fort Collins City Council of the Plan of Development of the Downtown Development Author- ity or, as to an area later added to the boundaries of the District, the effective date of the modification of the Plan of Development from which special fund shall be paid the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the City of Fort Collins for financing or refinancing, in whole or in part, development projects within the boundaries of the Plan for Development area WHEREAS, Section 31-25-807(3) (b) , CRS 1973, as amended, requires approval by the City Council of the City of Fort Collins of the call for the special election by the Authority, and WHEREAS, Section 31-25-807(3) (b) , CRS 1973, as amended, requires that said special election be held and conducted in the manner prescribed by law for the holding and conducting of regular or special elections in the City of Fort Collins NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS 1 That a special election, called by the Downtown Development Authority, to be held at the Fort Collins Parks and Recreation Building (basement) , 145 East Mountain Avenue, Fort Collins, Colorado, in said Downtown Development District, on Tuesday, the 1st day of June, 1982, between the hours of 7 00 A M and 7 00 P M of said day, be, and is hereby approved and at such election to be held at such time and place there shall be submitted to the qualified electors of the District the questions stated in the form of ballot and notice hereinafter set forth 2 That for the purposes of said special election, it is hereby established that the entire Downtown Development District shall constitute a single election precinct with one polling place located at the Fort Collins Parks and Recreation Building (basement) , 145 East Mountain Avenue, Fort Collins, Colorado 3 Ballots to be used in voting upon the questions to be submitted shall be prepared and furnished by the Clerk of the City of Fort Collins to the Judges of Election, to be by them furnished to the electors, which ballots shall be in substantially the following form (FORM OF BALLOT) OFFICIAL BALLOT FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY CITY OF FORT COLLINS, STATE OF COLORADO SPECIAL ELECTION June 1, 1982 Question Submitted 1 Shall the City of Fort Collins issue bonds or otherwise provide for loans, advances or indebtedness from time to time in an amount not to exceed $25,000,000 at a maximum net effective interest rate not to exceed 18 per centum per annum, the use of which shall be to finance capital improvements and capital projects -2- within the parameters of the Plan of Development of the Fort Collins Downtown Development Authority, and irrevocably pledge the special fund into which all of that portion of property taxes in excess of such taxes which are produced by the levy at the rate fixed each year by or for any public body upon the valuation for assessment of taxable property within the boundaries of the District last certified prior to the effective date of approval by the Fort Collins City Council of the Plan of Development of the Downtown Development Author- ity or, as to an area later added to the boundaries of the District, the effective date of the modification of the Plan of Development from which special fund shall be paid the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the City of Fort Collins for financing or refinancing, in whole or in part, development projects within the boundaries of the Plan for Development area YES NO (Each elector shall indicate his or her vote by placing an (X) in the square opposite the words expressing his or her choice for each question on the ballot ) OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE FORT COLLINS DOWNTOWN DEVELOPMENT DISTRICT, FORT COLLINS, COLORADO, ON JUNE 1, 1982 s Wanda Kraj i cek City Clerk City of Fort Collins, Colorado 4 No ballot will be received by the Judges of Election unless a person offering the same shall be a qualified elector of the Downtown Development District A qualified elector of the District is one who is either a "resident" , a "landowner" OR a "lessee" as these terms are defined below -3- "Resident means one who is a citizen of the United States and a resident of the State of Colorado, eigh- teen years of age or older, who makes his primary dwelling place within the District "Landowner" means the owner in fee of any undivided interest in real property or any improvement perma- nently affixed thereto within the District "Owner in fee" includes a contract purchaser obligated to pay general taxes , an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee "Lessee" means the holder of a leasehold interest in real property within the District "Leasehold inter- est" does not include a license or mere contract ri4ht to use real property within the District v Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot No qualified elector may cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector 5 That Lameza J Soares Kathryn Irene Will and Delores J Turman , qualified electors of the District, shall act as Judges of said election, and they shall appoint one of their number to act as Clerk of said election Each Judge shall receive $40 00 for his/her services 6 That the election shall be held and conducted, and the results thereof declared in accordance with Section 31-25-807(3) (b) , CRS 1973 , as amended, and the ordinances and Charter of the City of Fort Collins, the Constitution of the State of Colorado, and the Colorado Municipal Election Code of 1965 , as amended, insofar as the same may be applicable 7 Immediately after the closing of the polls, the Judges of Election shall open the ballot boxes and count and canvass the ballots therein The Judges of Election shall promptly thereafter certify the results to the Clerk of the City of Fort Collins The returns of said election shall be canvassed and the results declared at the next regular or special meeting of the Council of the City of Fort Collins 8 The City Clerk is hereby instructed to publish a Notice of Special Election not more than fifteen (15) days nor less than ten (10) days prior -4- to the election in The Coloradoan, a daily newspaper of general circulation published in the City of Fort Collins The City Clerk is further in- structed to post a copy of said Notice at the polling place in each pre- cinct at least ten (10) days before said special election Said Notice of Special Election shall be in substantially the following form NOTICE OF SPECIAL ELECTION CITY OF FORT COLLINS, COLORADO FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY JUNE 1, 1982 NOTICE is hereby given that at a special election to be held at the polling place, hereinafter designated, on Tuesday, the 1st day of June, 1982, between the hours of 7 00 A M and 7 00 P H , there will be submitted to the qualified electors of the District the following questions 1 Shall the City of Fort Collins issue bonds or otherwise provide for loans, advances or indebtedness from time to time in an amount not to exceed $25,000,000 at a maximum net effective interest rate not to exceed 18 per centum per annum, the use of which shall be to finance capital improvements and capital projects within the parameters of the Plan of Development of the Fort Collins Downtown Development Authority, and irrevocably pledge the special fund into which all of that portion of property taxes in excess of such taxes which are produced by the levy at the rate fixed each year by or for any public body upon the valuation for assessment of taxable property within the boundaries of the District last certified prior to the effective date of approval by the Fort Collins City Council of the Plan of Development of the Downtown Development Author- ity or, as to an area later added to the boundaries of the District, the effective date of the modification of the Plan of Development from which special fund shall be paid the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the City of Fort Collins for financing or refinancing, in whole or in part, development projects within the boundaries of the Plan for Development area A qualified elector of the District is one who is either a "Resident" , a "Landowner"or a "Lessee" as these terms are defined below -5- "Resident means one who is a citizen of the United States and a resident of the State of Colorado, eigh- teen years of age or older, who makes his primary dwelling place within the District "Landowner" means the owner in fee of any undivided interest in real property or any improvement pe ma- nently affixed thereto within the District "Owner in fee" includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee "Lessee" means the holder of a leasehold interest in real property within the District "Leasehold inter- est" does not include a license or mere contract right to use real property within the District Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot No qualified elector may cast more than one vote, even thouqh any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector Those qualified electors of the District who are otherwise fully qualified to vote on said questions at said special election, but who shall be absent from the precinct on the day of said special election, or who by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent from their precinct on the day of said special election, or who because of serious illness or physical disability, or who for reasons based upon the doctrines of an established religion shall be unable to attend the polls, may apply in writing at the office of the City Clerk, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado, for absent voter ballots at any time during the regular business hours on or before Friday, May 28, 1982 The Council has established, for the purposes of said special election only, one election precinct, the polling place for which shall be at the Fort Collins Parks and Recreation Bullding (basement) , 145 East Mountain Avenue, Fort Collins, Colorado, and the boundaries of which shall be the same as the boundaries of the Downtown Development District The absent voter polling place shall be the City Clerk ' s Office, City Hall , 300 LaPorte Avenue, Fort Collins, Colorado -6- The votes cast shall be recorded on paper ballots, and said special election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed by law for other municipal elections IN WITNESS WHEREOF, the Council of the City of Fort Collins, Colorado, has caused this Notice to be given s Wanda Krajice City Clerk City of Fort Collins, Colorado (CITY SEAL) Publish in The Coloradoan Publish on May 21, 1982 Post at The Precinct -7- _-./ 9 Qualified electors of the District who meet the requirements of the Colorado Municipal Election Code of 1965, as amended, relating to absent voter balloting, and who intend to vote by absent voter ballot, may obtain information and apply for and receive an absent voter ballot at the office of the City Clerk at City Hall , 300 LaPorte Avenue, Fort Collins, Colorado, at any time during regular business hours on or before Friday, May 28 , 1982, by following the procedures set forth in said Election Code 10 That if any one or more sections or parts of this ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance, it being the intention that the various provisions hereof are severable Introduced, considered favorably on first reading, and ordered pub- lished this 6th day of April , 1982, and to be presented for final passage on the 20th day of April , 1982 Mayor ATTEST City Clerk Passed and adopted on final reading this 20th day of April 1982 Mayor ATTEST ylthm" City Clerk -8-