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Home My WebLink About010 - 05/24/1935 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, JUNE 25, 1935 FOR THE SUBMISSION ORDINANCE NO 10 , 1935 BEING AN EI'V]ERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD IN TFNE CITY OF FORT COLLINS , GOLORADO , ON TUESDAY, THE 25th DAY OF TUNE, A D 1935 FOR THE SUBMISSION -TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS i THE FOLLOWING QUESTION SHALL THE SALE OF MALT, VINOUS AND/ OR SPIRITUOUS LIQUORS BE PROHIBITED UNDER ANY OF THE CLASSES SET FORTH IN SECTION 15 OF HOUSE BILL 192 APPROVED APRIL 12 , 19351 AND KNOWN AS LIQUOR CODE, 19352 WHEREAS a Petition has heretofore on May 8, 1935 , been filed with the City Clerk under and by virtue of Section 27 of House Bill 192 , approved April 12 , 1935 and known as Liquor Code of 1935, requesting the City Council to pass an Ordinance submitting to the qualified electors of said City the question Shall the sale of malt, vinous and/or spirituous liquors be prohibited under any of the classes set forth in Section 15 of House Bill 192 approved April 12 , 1935, and known as Liquor Code , 1935� and WHEREAS , pursuant to the Charter of the City of Fort Collins , the City Clerk made a careful check of said petition and filed his certificate on May 20 , 1935 , finding that said petition was signed by registered electors of the said City in a number in excess of 960 , which is more than 15% of the total registered electors of said City appearing upon the registration books of said City in the office of the County Clerk and Recorder of Larimer County Colorado said total number of registered voters being found to be 6397, and MIEREAS , on May 24, 1935 the certificate and report of said City Clerk was transmitted to the City Council, and DHEREAS , after due consideration of said petition on said last mentioned date , together with the report and certi- -1- ficate of the said City Clerk thereon, the City Council deemed it imperative to call said election and submit the question above set forth to the qualified voters of said City NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TFE CITY OF FORT COLLINS Section 1 That the Commissioner of Safety and Ex-Officio Mayor and City Clerk are hereby authorized and directed to call a special election of the qualified electors of the City of Fort Collins, pursuant to the Charter of said City of Fort Collins, which said election shall be called to be hdld in all wards and voting places of said City on the 25th day of June , 1935 , as provided by law, and that there be submitted to the vote of said qualified electors the following question Shall the sale of malt , vinous and/or spirituous liquors be prohibited under any of the classes set forth in Section 15 of House Bill 192 , approved April 12 , 1935 and known as Liquor Code of 19359 Section 2 The form of the ballot at said election shall be as follows INSTRUCTIONS TO VOTERS A voter wishing to vote to allow the sale of malt , vinous and/or spirituous liquors within the City of Fort Collins , shall place a cross (X) mark in the space opposite the words "For the sale of malt , vinous and/or spirituous liquors within the City of Fort Collins " A voter wishing to vote against the sale of malt , vinous and/or spirituous liquors within the City of Fort Collins , shall place a cross (X) mark in the space opposite the words "Against the sale of malt , vinous and/or spirituous liquors within the City of Fort Collins " If you wrongly mark, tear or deface this ballot , return it to the Judge of Election and obtain another -2- For the sale of malt vinous and/or spirituous liquors within the City of Fort Collins , Colorado Against the sale of malt , vinous and/or spriituous liquors within the City of Fort Collins , Colorado The full question upon which the qualified electors are to vote at this election is as follows Shall the sale of malt , vinous and/or spirituous liquors be prohibited under any of the classes set forth in Section 15 of House Bill 192 , approved April 12 , 1935 , known as Liquor Code of 1935 , within the City Limits of the City of Fort Collins? The term "malt liquor" shall include beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt , hops or any other similar product , or any combination thereof in water containing more than 3 2% of alcohol by weight Woe Section 3 Said special election shall be held in the following precincts and wards in said City at the following places , to-wit Precinct 1, Ward 1, City Hall Precinct 1 , Ward 2 Colorado Farm Supply Company 218 W Mountain Avenue Precinct 2 Ward 2 LaPorte Avenue School Precinct 1 Ward 3 Court House , Precinct 2 Tigard 3, Junior High School, Precinct 3 , Ward 3 , Washington School, Precinct 11 Ward 41 First Christian Church, Precinct 21 Ward 4, Bethlehem Evangelical Lutheran Church, 300 Whedbee St , Precinct 1, Ward 5 , State Armory, Precinct 2 , Ward 5 , Lincoln School and the City Council is hereby authorized and directed to appoint the necessary Judges and Clerks for each of said precincts and wards as required by law and the City Charter to conduct said election in said precincts and wards -3- Section 4 The polls shall be open at the hour of 7 00 A M and shall be open continuously during the day of the election, and shall close at 7 00 P M of said day Section 5 The City Clerk of the City of Fort Collins is hereby authorized and directed to provide the necessary ballots , registration lists , poll books , all blanks and supplies required for the proper conduct of said election and to secure the necessary voting places in which to hold said election and shall do and perform all other duties required by the laws of Colorado and the City Charter in a general election of City officers so far as the same are applicable in the conduct of this special election Section 6 The said special election shall be held and conducted as provided by the laws of the State of Colorado and the City Charter and registration for said election may be had as provided by law and request shall be made upon the County Clerk and Recorder of Larimer County, Colorado to give notice by publication in a daily newspaper in said City of registration at his office at the Court House in the City of Fort Collins for a period of ten (10) days prior to the beginn- ing of said registration, and said period of registration shall extend at least from the loth to the 18th, both inclusive , of June , 1935 , provided nothing herein shall limit or abridge the right of the citizens of Fort Collins to register at other times as provided by law than that stated in the notice , prior to the close of the office of the County Clerk and Recorder of Larimer County Colorado , on the 18th day of June , 1935 Section 7 The judges of election in the several precincts and wards shall make a canvass of the returns from said election, and shall sign and return a certificate of the votes cast in their several precincts and wards , which shall be -4- duly returned and filed in the office of the City Clerk as provoded by law and the City Charter Section 8 The City Council shall meet on the third day alter said special election and proceed to canvass the certificates of votes cast at said election in the several precincts and wards in said City and enter upon its Journal of proceedings a declaration of the result of said election upon the proposed question submitted Section 9 In the opinion of the City Council an emergency exists for the preservation of public health , peace and safety and this ordinance shall take effect upon its passage under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter Introduced read at length and adopted by the unanimous vote of all members of the City Council at a regular aAXoc=met meeting held this 24th day of May, A D 1935 Commissioner of Safety and Ex-Officio Mayor ATTEST City Clerk STATE OF COLORADO , ) ss County of Larimer j I, A J ROSENOW City Clerk of the Cit3 of Fort Collins , do hereby certify and declare that the foregoing Ordinance , consisting of nine (9) sections was duly proposed and read at length at a regular meeting of the City Council held on the 24th day of May A D 1935 and was duly adopted and ordered published in the Fort Collins Express-Courier a daily newspaper and the official newspaper of the City of Fort Collins , by the unanimous vote of all members of the City Council as an emergency ordinance , in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter , and thereafter and on to-wit the 3rd day of June A D 1935 , said Ordinance No 10 was duly published in The Fort Collins Express- Courier a daily newspaper published in the City of Fort Collins , Colorado IN WITNESS GIHEREOF I have hereunto set my hand and affixed and seal of said Citi, this 3rd day of June , A D 1935 City Clerk