HomeMy WebLinkAbout008 - 08/12/1932 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON MONDAY, SEPTEMBER 12, 1932, FOR THE SUBMI ORDINANCE NO 8 , 1932
BEING AN EMERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL
ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON
MONDAY, THE 12TH DAY OF SEPTMff3ER A D 1932 , FOR THE SUB-
I?ISSION TO A VOTE OF THE QUALIFIED ELECTORS OF TIIE CITY OF FORT
COLLINS FOR ADOPTION OR RETECTION A PROPOSED A ENDIMT TO
ARTICLE XVIII OF THE CITY CHARTER OF THE CITY OF FORT COLLINS,
BEING DESIGNATED AS SECTION 24 CONCERNING ACQUIRING A IJJNICIPAL
ELECTRIC LIGHT AND POSTER SYSTEM AND THE ISSUANCE IN FULL PA7nTaTT
THEREFOR OF A TICIPAL LIGHT ALD POWER INTEREST BEARING REVENUE
BONDS IN AN AMOUNT NOT ETCEEDING THE PRINCIPAL SUM OF $7451000 00
WHEREAS, a petition nas heretofore, on August
9th, 1932, 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 VVIII of the Charter of the
City of Fort Collins, the same being designated as Section 24 con-
cerning acouiring a municipal electric light and power system and
the issuance in full payment therefor of municipal electric light
and power interest bearing revenue bonds in an amount not exceed-
ing the principal sum of $7451000 00# and
` BEREAS, the City Cleric has caused a careful
check of said petition to be made and filed his certificate on
August 12, 1932, finding that said petition was signed by more
than 425 qualified electors of the said City, the same being
more tnan 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 4, 1930, which total vote vas
certified by the County Clerk of Larimer County as 4246 and
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WHEREAS. on August 12, 1932, 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 12th day
of August, 1932, 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 COLL7TS
Section 1 That the Commissioner of Safety and Ex-
Officio Mayor and the City Clerk ale hereby authorized and directed
to call a special election of the qu�lified electors of the City of
Fort Collins, pursuant to authority contained in Section 3 of
Article XV of the Charter of the Citv of Fort Collins and also
pursuant to Article XK 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 12th day of September, A D
1932, as provided by lava, 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 in relation to acquiring a municipal electric light
and power system and the issuance in full payment therefor of
municipal electric light and power interest bearing revenue bonds
in an amount not exceeding the principal sum of $745,000 00, and
is in words and figures as follows, to-wit
AMENDMENT TO TIE CHARTER OF
THE CITY OF FORT COLLINS
BE IT ENACTED by the people of the City of Fort
Collins, in the County of Larimer and State of Colorado ,that the
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charter of the City of Fort Collins be and the same is hereby
amended as provided herein
Paragraph 1. That to Article XTIII of the
charter of the City of Fort Collins there be and there is hereby
added a section to be known and designated Section 24, as follows,
to-wit
Section 24 Municipal Electric Light and Power
System The City Council shall hare the right and without other
or further preliminaries, it shall be tre duty of the City Council
forthwith to acquire, by any lawful means a municipal electric
light and power system, consisting of a generating plant and dis-
tribution system with all necessary appurtenapces, and to issue in
full payment therefor municipal electric light and power interest
bearing revenue bonds in an amount not e-cceeding the principal sum
of �745,000 00 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
citzi, exceot 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 hate 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 Any and
all 1m_its of the city charter and all lags in conflict herewith are
hereby repealed
Paragraph 2 The foregoing amendment shall be
construed as a whole and receive a liberal construction to carry
out the requirements, intent and purpose therein set forth
Paragraph 3 The foregoing amendment shall be
voted upon by the qualified electors of zhe City of Fort Collins
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in accordance with the provisions of Article XX of the constitution
of the State of Colorado and the chaster of seta city
Section 2 The ?orm 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 following charter amendment
shall place a cross (X) mar? in the space opposite the words
"For the Amendment t' A voter wishi.n.b to vote against the
adoption of the following proposed charter amendment shall
place a cross (X) mark in the space opposite the words
"Against the Amendment 'T If you wrongly mark, tear oL deface
this ballot, reuurn it to the Judge of Election and obtain
another
Amendment to Article XVIII of the Charter
of the City of Foit Collins, adding there- For the
to Section 24 concerning acquiring a Amendment
municipal electric light and power system
and the issuance in full payment uherefor "
of0municipal electric light and power Against the
interest bearing revenue bonds in an Amendment
amount not exceeding tihe principal sum
of $7459000 00
Section 3 Said special election shall be held
in the following precincts and wards in said City at the following
places, to-wit
Precinct 11 Ward 1, City Hall
Precinct 12 Ward 22 Dodge Garage, 218 W Mountain Avenue
Precinct 2, Ward 2, LaPorte Avenue Scl-lool,
Precinct 1, Ward 3 Court House,
Precinct 22 Ward 3, Junior High School
Precinct 32 Ward 3, Washington School,
Precinct 11 Ward 41 First Christian Church,
Precinct 21 Ward 4, Bethlehem Evangelical Lutheran Church
300 Whedbee Street
Precinct 13, Ward 53 State , rmory,
Precinct 21 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 bj law and the City Charter to conduct said
election in saia 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
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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 beginning of said registration,
and said period of registration snall extend at least from the 24th
day of August to the 6th day of September, 1932, 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 6th day of September, 1932
Section 7 The Tudges 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
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Section 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, and 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 pro-nosed charter amendment is so sound to have
been adopted, said City Clerk shall within ten (10) days following
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 KK 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 12th day of August, A D 1932
Commissioner of Safety and Ex-Officio
Attest Mayor
City Clerk
STATE OF COLORADO )
ss
Count j of Lar ime r )
I , A J ROSEDTO !, City Clerb of the
City of Fort Collins, do hereby certiiy and declare that the fore-
going Ordinance, consisting of nine (9) sections was duly proposed
and read at length at a regular meetin^ of the City Council held
on the 12th day of August , A D 1932y 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
17th day of August , A D 19329 said ordinance No 8
was duly published in the Fort Collins Express-Courier, a daily
newspaper published in the City of Fort Collins , Colorado
DT WITNESS WIEiREOF, I have hereunto set
my hand and affixed the seal of said City this 17th day of
August , A D 1932
City Clerk