HomeMy WebLinkAbout134 - 02/07/1977 - CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWN ORDINANCE NO 134 77
AN ORDINANCE CALLING A SPECIAL ELECTION
FOR THE PURPOSE OF SUBMITTING TILE
QUESTION OF THE ESTABLISHMENT OF A
DOWNTOWN DEVELOPMENT AUTHORITY TO A
VOTE OF THE QUALIFIED ELECTORS OF THE
DISTRICT AND PROVIDING FOR THE CONDUCT
THEREOF
WHEREAS , the Council of the City of Fort Collins, Colorado, has
determined and does hereby determine that it is necessary to establish
a downtown development authority for the public health, safety, pros-
perity, security and welfare and to halt and prevent deterioration of
property values in the central business district, and
WHEREAS , it is first necessary to submit the question of the
establishment of such an authority to a vote of the qualified electors
of the District within which the Authority is to exercise its powers
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT
1 Pursuant to part 8 of article 25 of title 31 , Colorado
Revised Statutes , 1973 , as amended, there shall be submitted to the
qualified electors of the District hereinafter described at a special
election to be held for that purpose on Tuesday, the 21st day of
February, 1978 , between the hours of 7 00 a m and 7 00 p m at the
polling places hereinafter designated the following question
Shall a Downtown Development Authority be formed pursuant to part
8 of article 25 of title 31 , Colorado Revised Statutes, 1973, as
amended, thereby empowering the Council of the City of Fort
Collins to assess, levy and collect an ad valorem tax upon the
taxable property within the 3urisdiction of the Authority not to
exceed 5 mills for the use and benefit of the Authority, said
Authority to exercise its powers within a District in the City of
Fort Collins to be bounded as follows
Considering all boundary descriptions to be located within
the Town Plat, City of Fort Collins situated in Section 11
and 12 , T7N, R69W of the 6th P M , Larimer County, being
more particularly described as follows
with the true point of beginning being the center of the
intersection of Maple Street and Meldrum Street,
thence commencing in an easterly direction along the
center line of Maple Street to the center of the inter-
section of Maple Street and Jefferson Street,
thence commencing in a southeasterly direction along the
center line of Jefferson Street and Riverside Avenue to
the center of the intersection of Riverside Avenue and
Whedbee Street,
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thence commencing in a southerly direction along the
center line of Whedbee Street to the center of the
intersection of Whedbee and Oak Street,
thence commencing in a westerly direction along the
center line of Oak Street to the center of the inter-
section of Oak Street and the north-south alley of
Block 152,
thence commencing in a southerly direction along the
center line of said alley to the center of the inter-
section of said alley and Olive Street,
thence commencing in a westerly direction along the center
line of Olive Street to the center of the intersection
of Olive Street and Peterson Street,
thence commencing in a southerly direction along the
center line of Peterson Street to the center of the
intersection of Peterson Street and the east-west alley
of Block 144 ,
thence commencing in a westerly direction along the
center line of said alley to the center of the intersection
of said alley and Mathews Street,
thence commencing in a southerly direction along the center
line of Mathews Street to the center of the intersection
of Mathews Street and Mulberry Street,
thence commencing in a westerly direction along the
center line of Mulberry Street to the center of the inter-
section of Mulberry Street and the north-south alley of
Block 94 ,
thence commencing in a northerly direction along the
center line of said alley to the center of the intersection
of said alley and Magnolia Street,
thence commencing in a westerly direction along the center
line of Magnolia Street to the center of the intersection
of Magnolia Street and Sherwood Street,
thence commencing in a northerly direction along the center
line of Sherwood Street to the center of the intersection
of Sherwood Street and Olive Street,
thence commencing in an easterly direction along the
center line of Olive Street to the center of the intersection
of Olive Street and the north-south alley of Block 82 ,
thence commencing in a northerly direction along the
center line of said alley across Oak Street and thence
along the center line of the north-south alley of Block
81, to the center of the intersection of said alley and
the south property line of lot 10 , Block 81,
thence proceeding in a westerly direction along the south
property line of said lot 10 a distance of 35 feet,
thence proceeding north and parallel to the east property
line of lots 9 and 10 , Block 81 to the intersection of
said line and the center line of Mountain Avenue,
thence commencing in an easterly direction along the center
line of Mountain Avenue to the center of the intersection
of Mountain Avenue and Meldrum Street,
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thence commencing in a northerly direction along the
center line of Meldrum Street to the true point of
beginning
To include the following
Blocks 83 , 42 , 91, 41 , 92 , 93 , 32 , 31 , 101 , 102 , 103 ,
104 , 22 , 21 , 111 , 112 , 113, 114 , 121 , 122 , 123 , 124 ,
131 , 132 , 133 , 134 , 141 , 142 , 143 , 151, 11, 12 , 13 ,
14 , 18 , and 19 , also the east one half of Blocks 82 , 81 ,
94 , also the west one half of Block 152 , also the north
one half of Block 144 , also the east 35 feet of lots
9 and 10 , Block 81, all in the Town Plat
2 Said special election shall be held and conducted in ac-
cordance with the 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
3 No vote, either for or against the question to be submitted
at said special election, shall be received or permitted by the 3udges
of election unless the person offering the same shall be a qualified
elector of the 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
"Resident" means one who is a citizen of the United States and a
resident of the State of Colorado, eighteen 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
seal property or any improvement permanently affixed thereto
within the District "Owner in fee" includes a contract purchaser
obligated to pay general taxes , a 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 interest" 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
4 The qualified electors of the District shall vote at said
special election by secret paper ballot, either by submitting an
absent voter ballot or by appearing and casting a ballot at the polls
Voting machines will not be used
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5 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, the 17th day of February, 1978 , by following
the procedures set forth in said Election Code
6 There is hereby established, for purposes of said special
election only, one election precinct, the polling place for which
shall be the Fort Collins Community Center, 101 Remington, Fort
Collins , Colorado 80521 and the boundaries of which shall be the
same as those of the proposed District The absent voter polling
place shall be at the City Clerk ' s Office, Fort Collins Municipal
Building, 300 LaPorte Avenue, Fort Collins , Colorado 80521
7 The following qualified electors of the proposed District
aie hereby appointed and shall act as 3udges of said special election
Merle Hall
Richard White
Ray Dixon
Said 3udges shall receive in full compensation for their services the
sum of $25 each The City Clerk is hereby instructed to mail certi-
ficates of appointment to such election officials and to maintain a
list for public inspection of those so appointed
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 to the election in The Coloradoan, a daily newspaper
of general circulation published in the City of Fort Collins The
City C1eik is further instructed to post a copy of said Notice at the
polling place in each precinct at least ten (10) days before said
special election Said Notice of Special Election shall be in sub-
stantially the following form
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NOTICE OF SPECIAL ELECTION
CITY OF FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY
FEBRUARY 21, 1978
NOTICE IS HEREBY GIVEN that at a special election to be held at
the polling place hereinafter designated on Tuesday, the 21st day of
February, 1978 , between the hours of 7 00 a m and 7 00 p m , there
will be submitted to the qualified electors of the District the fol-
lowing question
Shall a Downtown Development Authority be formed pursuant to part
8 of article 25 of title 31 , Colorado Revised Statutues, 1973 , as
amended, thereby empowering the Council of the City of Fort
Collins to assess, levy and collect an ad valorem tax upon the
taxable property within the 3urisdiction of the Authority not to
exceed 5 mills for the use and benefit of the Authority, said
Authority to exercise its powers within a District in the City of
Fort Collins to be bounded as follows
Considering all boundary descriptions to be located
within the Town Plat, City of Fort Collins situated
in Section 11 and 12 , T7N, R69W of the 6th P M ,
Larimer County, being more particularly described
as follows
with the true point of beginning being the center
of the intersection of Maple Street and Meldrum Street,
thence commencing in an easterly direction along the
center line of Maple Street to the center of the
intersection of Maple Street and Jefferson Street,
thence commencing in a southeasterly direction along
the center line of Jefferson Street and Riverside
Avenue to the center of the intersection of Riverside
Avenue and Whedbee Street,
thence commencing in a southerly direction along the
center line of Whedbee Street to the center of the
intersection of Whedbee and Oak Street,
thence commencing in a westerly direction along the
center line of Oak Street to the center of the inter-
section of Oak Street and the north-south alley of
Block 152,
thence commencing in a southerly direction along the
center line of said alley to the center of the
intersection of said alley and Olive Street,
thence commencing in a westerly direction along the
center line of Olive Street to the center of the
intersection of Olive Street and Peterson Street,
thence commencing in a southerly direction along the
center line of Peterson Street to the center of the
intersection of Peterson Street and the east-west
alley of Block 144 ,
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thence commencing in a westerly direction along the
center line of said alley to the center of the inter-
section of said alley and Mathews Street,
thence commencing in a southerly direction along the
center line of Mathews Street to the center of the
intersection of Mathews Street and Mulberry Street,
thence commencing in a westerly direction along the
center line of Mulberry Street to the center of the
intersection of Mulberry Street and the north-south
alley of Block 94 ,
thence commencing in a northerly direction along the
center line of said alley to the center of the inter-
section of said alley and Magnolia Street,
thence commencing in a westerly direction along the
center line of Magnolia Street to the center of the
intersection of Magnolia Street and Sherwood Street,
thence commencing in a northerly direction along the
center line of Sherwood Street to the center of the
intersection of Sherwood Street and Olive Street,
thence commencing in an easterly direction along the
center line of Olive Street to the center of the
intersection of Olive Street and the north-south alley
of Block 82 ,
thence commencing in a northerly direction along the
center line of said alley across Oak Street and thence
along the center line of the north-south alley of
Block 81 , to the center of the intersection of said
alley and the south property line of lot 10 , Block 81,
thence proceeding in a westerly direction along the
south property line of said lot 10 a distance of 35 feet,
thence proceeding north and parallel to the east
property line of lots 9 and 10 , Block 81 to the inter-
section of said line and the center line of Mountain
Avenue,
thence commencing in an easterly direction along the
center line of Mountain Avenue to the center of the
intersection of Mountain Avenue and Meldrum Street,
thence commencing in a northerly direction along the
center line of Meldrux Street to the true point of
beginning
To include the following
Blocks 83, 42 , 91 , 41 , 92 , 93, 32 31 101 , 709, in7
104 , 22 , 21 , 111 , 112 , 113 , 114 , 121 , 122 , 123 , 124 ,
131 , 132 , 133 , 134 , 141 , 142 , 143 , 151 , 11 , 12 , 13 ,
14 , 18 , and 19 , also the east one half of Blocks 82 , 81 ,
94 , also the west one half of Block 152 , also the north
one half of Block 144 , also the east 35 feet of lots
9 and 10 , Bloch 81 , all in the Town Plat
The purpose of the yroposed Downtown Development Authority
i�, generally to serve as a vehicle for planning and improving the
above-described central business district by the exercise of the
powers granted to it by the governing statute
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A qualified ejector of the District is one who is either a "resident" ,
a "landowner" OR a "lessee" as these terms are defined below
"Resident" means one who is a citizen of the United States and a
resident of the State of Colorado, eighteen 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 permanently affixed thereto
within the District "Owner in fee" includes a contract purchaser
obligated to pay general taxes, a 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 interest" does not include a
license or mere contract right to use real property within the
District
Those qualified electors of the District who are otherwise fully
qualified to vote on said question at said special election, but who
shall be absent from their 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 pre-
cinct on the day of said special election, or who because of serious
illness or physical disability, or who for reasons based upon the
doctrinesof an established religion shall be unable to attend the
polls, may apply in writing at the office of the City Clerk at City
Hall , 300 LaPorte Avenue, Fort Collins , Colorado, for absent voter
ballots at any time during regular business hours on or before Friday,
February 17 , 1978
The Council has established, for purposes of said special election
only, one election precinct, the polling place for which shall be the
Fort Collins Community Center, 101 Remington, Fort Collins, Colorado,
80521 and the boundaries of which shall be the same as the boundaries
of the proposed District The absent voter polling place shall be
the City Clerk ' s Office, Fort Collins Municipal Building, 300 LaPorte
Avenue, Fort Collins, Colorado
The votes cast shall be recorded on paper ballots, and said
special election shall be held and conducted , the returns thereof
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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/Verna Lewis
(CITY) City Clerk
(SEAL) City of Fort Collins, Colorado
Publish in Tne Coloradoan
Publish on February 10 , 1978
Post at The Precinct
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9 Ballots to be used in voting upon the question to be sub-
mitted at said special election shall be prepared and furnished by the
City Clerk to the judges of election, to be by them furnished to the
qualified electors of the District Said ballots shall be in sub-
stantially the following form
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Official Ballot
Stub No 1
Official Ballot
Duplicate Stub No 1
OFFICIAL BALLOT
CITY OF PORT COLLINS STATE OF COLORADO
SPECIAL ELECTION FEBRUARY 21 , 1978
(Each elector desirous of voting FOR or AGAINST the following question
shall designate his or her choice by placing a cross (x) in the square
opposite the words expressing his or her choice )
Shall a Downtown Development Authority be formed pursuant to part
8 of article 25 of title 31 , Colorado Revised Statutes, 1973 , as
amended, thereby empowering the Council of the City of Fort
Collins to assess , levy and collect an ad valorem tax upon the
taxable property within the jurisdiction of the Authority not to
exceed 5 mills for the use and benefit of the Authority, said
Authority to exercise its powers within a District in the City of
Fort Collins to be bounded as follows
Considering all boundary descriptions to be located within
the Town Plat, City of Fort Collins situated in Section 11
and 12 , T7N, R69W of the 6th P M , Larimer County, being
more particularly described as follows
with the true point of beginning being the center of the
intersection of Maple Street and Meldrum Street,
thence commencing in an easterly direction along the
center line of Maple Street to the center of the inter-
section of Maple Street and Jefferson Street,
thence commencing in a southeasterly direction along the
center line of Jefferson Street and Riverside Avenue to
the center of the intersection of Riverside Avenue and
Whedbee Street,
thence commencing in a southerly direction along the
center line of Whedbee Street to the center of the
intersection of Whedbee and Oak Street,
thence commencing in a westerly direction along the
center line of Oak Street to the center of the
intersection of Oak Street and the north-south alley of
Block 152 ,
thence commencing in a southerly direction along the
center line of said alley to the center of the inter-
section of said alley and Olive Street,
thence commencing in a westerly direction along the center
line of Olive Street to the center of the intersection
of Olive Street and Peterson Street,
thence commencing in a southerly direction along the
center line of Peterson Street to the center of the
intersection of Peterson Street and the east-nest alley
of Block 144 ,
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thence commencing in a westerly direction along the
center line of said alley to the center of the intersection
of said alley and Mathews Street,
thence commencing in a southerly direction along the center
line of Mathews Street to the center of the intersection
of Mathews Street and Mulberry Street,
thence commencing in a westerly direction along the
center line of Mulberry Street to the center of the inter-
section of Mulberry Street and the north-south alley of
Block 94 ,
thence commencing in a northerly direction along the
center line of said alley to the center of the intersection
of said alley and Magnolia Street,
thence commencing in a westerly direction along the center
line of Magnolia Street to the center of the intersection
of Magnolia Street and Sherwood Street,
thence commencing in a northerly direction along the center
line of Sherwood Street co the center of the intersection
of Sherwood Street and Olive Street,
thence commencing in an easterly direction along the
center line of Olive Street to the center of the intersection
of Olive Street and the north-south alley of Block 82 ,
thence commencing in a northerly direction along the
center line of said alley across Oak Street and thence
along the center line of the north-south alley of Block
81, to the center of the intersection of said alley and
the south property line of lot 10 , Block 81,
thence proceeding in a westerly direction along the south
property line of said lot 10 a distance of 35 feet,
thence proceeding north and parallel to the east property
line of lots 9 and 10 , Block 81 to the intersection of
said line and the center line of Mountain Avenue,
thence commencing in an easterly direction along the center
line of Mountain Avenue to the center of the intersection
of Mountain Avenue and Meldrum Street,
thence commencing in a northerly direction along the
center line of Meldrum Street to the true point of
beginning
To include the following
Blocks 83 , 42 , 91 , 41 , 92 , 93 , 32 , 31 , 101 , 102 , 103,
104 , 22 , 21 , 111 , 112 , 113 , 114 , 121 , 122 , 123 , 124 ,
131, 132 , 133 , 134 , 141 , 142 , 143 , 151 , 11 , 12 , 13 ,
14 , 18 , and 19 , also the east one half of Blocks 82 , 81 ,
94 , also the west one half of Block 152 , also the north
one half of Block 144 , also the east 35 feet of lots
9 and 10 , Block 81, all in the Town Plat
YES
NO
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OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF FORT
COLLINS, COLORADO, ON FEBRUARY 21 , 1978
(Eacsimile Signature)
City Clerk
City of Fort Collins, Colorado
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10 The boundaries of the District within which the Authority
shall exercise its powers , if organized, are as stated in the forms of
Notice of Special Election and ballot hereinbefore prescribed
11 If the establishment of the proposed Downtown Development
Authority is approved, an ad valorem tax not to exceed five (5) mills
may be assessed, levied and collected by the Council of the City of
Fort Collins , Colorado, for the use and benefit of the Authority in
accordance with the provisions of said part 8 of article 25 of title
31, Colorado Revised Statutes 1973 , as amended
12 The votes cast at said special election shall be canvassed,
the returns thereof made, and the results thereof declared in the
manner provided by law for the canvass, return and declaration of the
result of votes cast at regular municipal elections for the City of
Fort Collins , Colorado
13 If a majority of the qualified electors of the District
voting on the question set forth hereinbefore to be submitted at said
special election vote for the establishment of the proposed Downtown
Development Authority, the Council shall proceed forthwith by ordinance
to establish said Authority
14 All action, not inconsistent with the provisions of this
Ordinance, heretofore taken by the officers of the City of Fort
Collins , Colorado, whether elected or appointed, directed toward
holding a special election on the question of the establishment of a
downtown development authority, are hereby ratified, approved and
confirmed
15 All ordinances , resolutions, motions, or parts thereof, in
conflict with this Ordinance are hereby repealed, except that this
repealer shall not be construed to revive any ordinance, resolution,
motion, or part thereof, heretofore repealed
16 If any section, paragraph, clause, or provision of this
Ordinance is judicially adjudged invalid or unenforceable, such
judgment shall not affect, impair, or invalidate any of the remaining
sections, paragraphs , clauses , or provisions of this Ordinance, the
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intention being that the various sections , paragraphs , clauses, or
provisions hereof are severable
INTRODUCED , READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED
ONCE IN FULL this 17th day of January, 1978
CITY or FORT COLLINS , COLORADO
By --4&xoot&�....
Mayor
(CITY)
(SEAL)
ATTEST
L _ 1 2
City Clerk
The foregoing Ordinance will be presented for final passage at a
regular meeting of the Council to be held at Council Chambers , City
Hall , 300 LaPorte Avenue, Fort Collins , Colorado, on Tuesday, the 7th
day of February, 1978 at 5 30 p m
—14—
READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED
ONCE BY NUMBER AND TITLE ONLY this 7th day of February, 1978
CITY OF FORT COL INS , COLORADO
By \
Mayor
(CITY)
(SEAL)
ATTEST
City Clerk
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