HomeMy WebLinkAbout005 - 02/15/1935 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 19, 1935, FOR THE SUBMISSI ORDINANCE NO 5 , 1935
BEING AN EMERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL
ELECTION TO BE HELD IN THE CITY OF FORT COLLINS , COLORADO , ON
TUESDAY, THE 19TH DAY OF MARCH, A D 19359 FOR THE SUBMISSION
TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS
FOR ADOPTION OR REJECTION, A PROPOSED AMENDMENT TO ARTICLE XVIII
OF THE CITY CHARTER OF THE CITY OF FORT COLLINS, BEING DESIGNATED
AS SECTION 24, DIRECTING THE CITY COUNCIL TO DEFER THE ACQUISITION
OF A MUNICIPAL ELECTRIC LIGHT AND POWER SYSTEM, AND TO MAKE EFFECTIVE
A PROPOSED SCHEDULE OF RATES FOR ELECTRIC SERVICE, AND REPEALING
ANY AND ALL PARTS OF THE CITY CHARTER AND/OR LAWS IN CONFLICT WITH
SAID PROPOSED CHARTER AMENDMENT
WHEREAS, a petition has heretofore , on January 25 ,
1935 , been presented to the City Clerk of the City of Fort Collins
for filing under and by virtue of the Twentieth Amendment to the
Constitution of the State of Colorado , requesting the City Council
of said City of Fort Collins to submit to the qualified electors
of said City, at a special election to be held not less than
thirty (30) nor more than sixty (60) days from the filing of
this petition, an amendment to Article XVIII of the Charter of
the City of Fort Collins , the same being designated as Section 24 ,
directing the City Council to defer the acquisition of a municipal
electric light and power system, and to make effective a proposed
schedule of rates for electric service , and repealing any and all
parts of the City Charter and/or laws in conflict with said pro-
posed charter amendment, and
WHEREAS , the City Clerk has caused a careful check
of said petition to be made and filed his certificate on February
8 , 1935 , finding that said petition was signed by igore than 538
qualified electors of the said City, the same being more than ten
per centum of all the votes cast in the said City of Fort Collins
for Governor of the State of Colorado at the general election
held November 6 , 19341 which total vote was certified by the
County Clerk of Larimer County as 5375, and
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WHEREAS, on February 8, 1935, the certificate
and report of the said City Clerk was transmitted to the City
Council, together with the aforesaid petition, and the same were
approved as having been filed, and
WHEREAS, after due consideration on the 15th day
of February, 1935, of said petition, together with the report
and certificate of the said City Clerk thereon, the City Council
deemed it mandatory to submit said proposed charter amendment to
the vote of the qualified electors of said City of Fort Collins
at a special election
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT COLLINS
Section 1 That the Commissioner of Safety and
Ex-Officio Mayor and the City Clerk are hereby authorized and
directed to call a special election of the qualified electors of
the City of Fort Collins, pursuant to authority contained in
Section 3 of Article XV of the Charter of the City of Fort Collins
and also pursuant to Article XX of the Constitution of the State
of Colorado , which said election shall be called to be held in all
the wards and voting precincts of the said City on the 19th day of
March, A D 19351, as provided by law, and that there be submitted
to the vote of said qualified electors the matter of the adoption
• or rejection of said proposed charter amendment to Article XVIII
of the Charter of the City of Fort Collins , said amendment being
designated as Section 24, directing the City Council to defer the
acquisition of a municipal electric light and power system, and to
make effective a proposed schedule of rates for electric service ,
and repealing any and all parts of the City Charter and/or laws in
conflict with said proposed charter amendment, and is in words and
figures as follows , to-wit
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AMENDMENT TO THE CHARTER OF THE
ITY OF FORT COLLINS
BE IT ENACTED by the people of the City of Fort
Collins , in the County of Larimer, State of Colorado , that
Section 24 of Article XVIII as adopted at a special election
held September 12 , 1932 , be and the same is hereby amended to
read as follows
Section 24 MUNICIPAL ELECTRIC LIGHT AND POWER SYSTEM
The City Council shall have the right and authority to acquire
by any lawful means a municipal electric light and power system,
consisting of a distribution system and/or a generating plant ,
and in the event said city council shall determine that it is
to the best interests of said city that it acquire a distribution
system without the construction of a generating plant , said council
shall have authority to contract for energy to supply said distri-
bution system from any available source Said City Council shall
issue in full payment for said municipal electric light and power
system municipal electric light and power interest bearing revenue
bonds in the principal amount not to exceed $745 ,000 , which bonds
shall be payable solely out of the revenue to be derived from the
operation of said system, such bonds in no event to be paid by
taxation or out of the general funds of the city, except that the
city shall pay reasonable rates for light and power used for
municipal purposes The Council shall have power to maintain and
operate said system for the use and benefit of said city and its
inhabitants, and shall have all other powers and shall adopt all
means necessary or appropriate to carry out the requirements ,
purpose and intent of this section in accordance with the most
liberal construction which may be placed hereon, provided, however ,
that if the following rates for electric service can be agreed to
and forthwith made effective between the City Council and Public
Service Company of Colorado
RESIDENCE SERVICE
Available for domestic service only Not available
to clubs , fraternities , sororities, lodges , hotels or rooming houses
RATE (Net)
First 35 kwh used per month , per kwh $0 06
Next 35 kwh used per month, per kwh 04
All additional kwh used per month, per kwh 02
MINIMUM
Net minimum charge per meter, per month 1 00
GENERAL BUSINESS LIGHTING SERVICE
Available for business service only
RATE (Net)
First 100 hours use per month of billing demand, per kwh $0 06
Next 100 hours use per month of billing demand, per kwh 04
All additional use per month, per kwh 02
MINIMUM
Net monthly minimum charge per 100 watts of billing demand 10
But not less per meter, per month, than 1 00
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BUSINESS DISPLAY LIGHTING SERVICE
Available for business sign, window and display light-
ing service in the business section, when the size and charActer of
the installation meets the approval of the company, and the burning
hours are controlled as specified in the rate
RATE (Net)
Sign, Window and Display Lighting
Dusk to 10 P M Burning
First 1,000 watts of connected load,per month,per 100 watts $0 80
Next 1 ,000 watts of connected load per month,per 100 watts 70
All additional watts of connected load,per month,per 100 watts 65
Dusk to 11 P M Burning
First 1,000 watts of connected load,per month,per 100 watts 90
Next 1,000 watts of connected load,per month,per 100 watts 80
All additional watts of connected load,per month,per 100 watts 75
Dusk to Dawn Burning
First 1,000 watts of connected load,per month,per 100 watts 1 60
Next 1, 000 watts of connected load,per month ,per 100 watts 1 40
All additional watts of connected load,per month,per 100 watts 1 25
Additional Hours Use
When any load is burned for a longer period than specified in
the contract , a charge for each additional hour of daily burn-
ing period , per month, per 100 watts, of 10
shall be added to the contract schedule
MINIMUM
Net monthly minimum charge per customer as provided by the burn-
ing hours of the rate
No connected load shall be considered as less than 200 watts
GENERAL SECONDARY POWER SERVICE
Available for an initial specified demand for
alternating current power service metered at the voltage of company's
established secondary distribution system
RaTE (Net)
First 20 kwh used per month per Hp of contract horsepower,
but not less than for the first 100 kwh used, per kwh $0 05
Next 40 kwh used per month per Hp of contract horsepower,
but not less than for the next 200 kwh used, per kwh 04
Next 140 kwh used per month per Hp of contract horsepower,
but not less than for the next 700 kwh used, per kwh 02
All additional kwh used per month, per kwh 015
MINIMUM
Net monthly minimum charge per horsepower of contract horsepower
1 00
Nor less per meter, per month, than 1 00
And for not less than 3 consecutive months each year
BUSINESS COOKING SERVICE
Available for business cooking and heating
RATE(Net)
First 100 kwh used per month, per kwh 0 035
All additional kwh used per month , per kwh 03
Except that when no energy is used under this schedule during
the 'Lon-peak't hours the rate for all kwh used per month in
excess of 500 kwh shall be , per kwh 02
MINIMUM
Net minimum charge per meter, per month
For a connected load of 3 kw or less 2 00
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Plus
For each additional kw of connected load 1 25
SPECIAL PRIMARY POWER SERVICE
Available for alternating current power and
incidental lighting provided service is taken at one point of delivery
and metered at voltage of Company's established primary distribution
system Not available for standby or resale service
RATE (Net)
Demand charge
First 100 Hp or less of billing demand , per month $200 00
Next 300 Hp of billing demand, per month, per Hp 1 50
All additional Hp of billing demand, per month, per Hp 1 00
Energy Charge
First 50 kwh used per month per Hp of billing demand,per kwh 02
Next 50 kwh used per month per Hp of billing demand, per kwh 01
All additional kwh used per month, per kwh 007
MINIMUM
Net minimum charge equal to Demand Charge of rate , but not less
per meter, per month, than „ 200 00
MUNICIPAL BUILDING LIGHTING SERVICE
Lighting of the buildings in the City, Park and
Camp Grounds , City Library, flood lights for City Soft Ball Courts , and
the Public Schools shall be as follows
RATE (Net)
All current used, per kwh $0 05
The City or School District No 5 shall have
the right , upon written application, of obtaining service under any
of the Company' s rates available for such service in lieu of the
above rate
MINIMUM
Net minimum charge per meter, per month 1 00
MUNICIPAL RAILWAY POWER AND LIGHT AND CITY HALL SERVICE
Available only for combined power and lighting
service to the Municipal Street Railway, City Shops and City Hall
of the City of Fort Collins
RATE (Net)
Energy Charge
All kwh used, per kwh $0 01
MUNICIPAL STREET LIGHTING SERVICE
Available for municipal street and park lighting
at the voltage and/or current and phase of Company' s established dis-
tribution system for such service
RATE (Net)
Multiple Incandescent Lamps
Per Lamp , per year
Burning Dusk to Dawn
750 watt lamps $ 81 00
500 watt lamps 60 00
300 watt lamps 45 00
200 watt lamps 36 00
150 watt lamps 30 00
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100 watt lamps 24 00
60 watt lamps, 2 or more lamps per standard )
60 watt Alley, bracket lamps, business district) 15 00
Burning Dusk to 12 IP M
300 watt lamps 38 50
200 watt lamps 30 00
100 watt lamps 21 00
60 watt lamps , 2 or more lamps per standard 9 00
Series Incandescent Lamps
Per lamp , per year
Burning Dusk to Dawn
600 candlepower lamps 51 00
400 candlepower lamps 42 00
250 candlepower lamps 30 00
60 candlepower bracket lamps on existing general dis-
tribution poles 18 00
Burning Dusk to 12 P M
600 candlepower lamps 43 20
The above and foregoing schedules of rates shall
be subject to such general rules and regulations concerning the contract
period , delayed payment charge and such other rules and regulations res-
pecting service as may be prescribed by the Company and filed with the
City Clerk and approved by the City Council
Then under and because of existing economic conditions,
the Council is directed to make effective said rate and to defer the
acquisition of said municipal electric light and power system until such
tim4 as said Public Service Company of Colorado shall seek to raise said
schedule of rates in any respect , not in the opinion of the Council justi-
fied by then existing conditions , or the Council shall determine that
new developments and changed conditions justify the City in acquiring
such system
Any and all parts of the City Charter and/or laws in
conflict nerewith are hereby repealed
The foregoing amendment shall be voted upon by the
qualified electors of the City of Fort Collins in accordance with the
provisions of Article XX of the Constitution of the State of Colorado and
the charter of said City
Section 2 The form of the ballot at said election
shall be as follows
INSTRUCTIONS TO VOTERS--A voter wishing to vote
in favor of the adoption of the above proposed charter amend-
ment shall place a cross (X) mark in the space opposite the
words 'For the proposed Amendment " A voter wishing to vote
against the adoption of the above proposed charter amendment
shall place a cross (x) mark in the space opposite the words
'Against the Proposed Amendment " If you wrongly mark, tear
or deface this ballot , return it to the Judge of Election
and obtain another
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Proposed Amendment to Article 7.VIII
of the Charter of the City of Fort
Collins , changing Section 24 thereof For the
directing the City Council to defer Proposed
the acquisition of a municipal ele- Amendment
ctric light and power system, and to
make effective a proposed schedule Against the
of rates for electric service , and Proposed
repealing any and all parts of the Amendment
City Charter and/or laws in conflict
with said proposed charter amendment
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 11 Ward 21 Polorado Farm Supply Company,
216 W Mountain Avenue
Precinct 21 ward 22 LaPorte Avenue School,
Precinct 1 , ward 33 Court House
Precinct 2 , ward 31 Junior High School ,
Precinct 39 ward 3 , Washington School,
Precinct 19 Ward 41 First Christian Church,
Precinct 21 Ward 4, Bethlehem Evangelical Lutheran Church,
300 Whedbee Street,
Precinct 12 Ward 5 , State Armory
Precinct 21 Ward 52 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
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 Charier in a general election of City officers so far as the
same are applicable in the conduct of this special election
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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 re-
gistration at his office at the Court House in the City of Fort
Collins for a period of ten ( 10) days prior to the beginning of
said registration and said period of registration shall extend at
least from the lst day of March to the 13th day of March, 1935 ,
both inclusive , 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 13th day of March, 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 duly returned
and filed in the office of the City Clerk as provided by law and
the City Charter
S@ction 8 The City Council shall meet on the
third day after 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
charter amendment submitted, ana the City Clerk shall file with
the Secretary of State of Colorado , two copies of said charter
amendment (with the vote for and against) officially certified
by him, and if said proposed charter amendment is so found to have
been adopted, said City Clerk shall within ten ( 10) days following
-a-
the vote , publish the same in full once in the official newspaper
of said City, all as provided by Section 5 of Article XX of the
Constitution of Colorado and Article XX of the Charter of the
City of Fort Collins If said charter amendment is found to
have been adopted and publication made as above provided, then
the same shall become an amendment to the Charter of the City of
Fort Collins upon the filing of two certified copies thereof with
the Secretary of State of Colorado , all as provided in the said
Constitution and Charter of the City of Fort Collins
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
meeting held this 15th day of February, A D 1935
aTun
Commissioner of Safety and Ex-Officio
Mayor
ATTEST
City Clerk
z
STATE OF COLORADO , )
ss
County of Larimer )
I A J ROSENOW, City Clerk of the
City 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 15th day of February, 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 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 21st day of February, A D
1935, said Ordinance No 5 was duly published in the Fort
Collins Express-Courier, a daily newspaper published in the
City of Fort Collins, Colorado
IN WITNESS Vi►=OF, I have hereunto set
my hand and affixed the seal of said City, this 21st day of
February, A D 1935
City Clerk