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HomeMy WebLinkAbout091 - 08/17/1993 - CALLING A SPECIAL ELECTION FOR NOVEMBER 2, 1993 AUTHORIZING THE CITY TO COLLECT, RETAIN AND EXPEND U ORDINANCE NO. 91, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS CALLING A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER 2, 1993 COORDINATED ELECTION AND SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY A PROPOSED ORDINANCE AUTHORIZING THE CITY TO COLLECT, RETAIN AND EXPEND UP TO 2.5 MILLION DOLLARS PER YEAR OF CITY REVENUES IN EXCESS OF THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION, BEGINNING IN 1993 AND ENDING IN 1997, WHICH REVENUES SHALL BE USED FOR DEBT REDUCTION AND FOR MUNICIPAL SERVICES AND FACILITIES WHEREAS, under Article X, Section 3, of the Charter of the City of Fort Collins, the Council of the City of Fort Collins has the power to submit any proposed ordinance or resolution or refer any adopted ordinance or resolution to the vote of the people at a regular or special election; and WHEREAS, on November 3, 1992, the Colorado Constitution was amended by the addition of Article X, Section 20; and WHEREAS, Article X, Section 20, imposes certain limitations on the City's collection retention and expenditure of City revenues; and WHEREAS, if City revenue from sources not excluded from fiscal year spending exceeds these limits in any fiscal year, the excess is to be refunded in the next fiscal year unless the voters of the City approve a revenue change as an offset; and WHEREAS, City revenues from sales and use taxes, property taxes, fees and other sources not excluded from fiscal year spending may exceed the foregoing revenue and spending limits by as much as 2.5 million dollars per year in the fiscal year 1993 through 1997; and WHEREAS, the City Council believes that it is in the best interests of the City for such excess revenues to be used for the payment of a portion of the City's outstanding indebtedness and for such municipal services and facilities as may be approved by the Council ; and WHEREAS, the City Council has reviewed proposed Ordinance No. 91, 1993, which would authorize the City to collect, retain and expend City revenues that exceed the revenue and spending limits of Article X, Section 20, of the Colorado Constitution up to the amount of 2.5 million dollars per year, beginning in 1993 and ending in 1997, 50% of which revenues would be used for debt reduction and 50% for municipal services and facilities as may be approved by the Council ; and WHEREAS, in the considered opinion of the City Council , proposed Ordinance No. 91, 1993, should be submitted to a vote of the people at a special City election to be held on November 2, 1993, in conjunction with the Coordinated Election which has been scheduled for said date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: P-16� oa"Zt a Section 1. That a Special Municipal Election in the City of Fort Collins is hereby called for Tuesday, November 2, 1993, which shall be held in conjunction with the Larimer County, State of Colorado, Coordinated Election at such polls as are regularly established and announced for such elections, subject to the provisions of the Uniform Election Code of 1992. Section 2. That the polls shall be open at the hour of 7:00 a.m. and shall remain open continuously until closed at 7:00 p.m. Section 3. That said Special Municipal Election shall be held and conducted, as nearly as may be in the manner prescribed by law, as in the case of regular city elections conducted pursuant to the Charter of the City of Fort Collins and the Statutes of the State of Colorado. Section 4. That the use of an electronic system to record the votes at said election is hereby authorized. Section 5. That no vote, either for or against any measure submitted at said election, shall be received by the election judges unless the person offering to vote shall be a duly registered voter in the precinct in which he or she offers to vote and, in addition thereto, said person is an elector of the City of Fort Collins as defined in the applicable election laws. Section 6. That pursuant to the provisions of Section 1-1-110, C.R.S. , the Clerk of the City of Fort Collins is hereby authorized to certify to the Larimer County Clerk and Recorder, prior to the fifty-fifth day before the election, the ballot content for any measures submitted to the November 2, 1993 ballot by the City Council . Section 7. That at the Special Municipal Election to be held on November 2, 1993, there is hereby submitted to the registered electors of the City the question of whether or not the following proposed Ordinance should be adopted: PROPOSED ORDINANCE NO. 91, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO COLLECT, RETAIN AND EXPEND UP TO 2.5 MILLION DOLLARS PER YEAR OF CITY REVENUES IN EXCESS OF THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION, BEGINNING IN 1993 AND ENDING IN 1997, WHICH REVENUES SHALL BE USED FOR DEBT REDUCTION AND FOR MUNICIPAL SERVICES AND FACILITIES BE IT ORDAINED BY THE PEOPLE, THROUGH THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS, COLORADO: Section 1. That the City of Fort Collins, Colorado, is hereby authorized to collect, retain and expend City revenues that exceed the revenue and spending limits of Article X, Section 20, of the Colorado Constitution up to t he amount of 2.5 million dollars each year, beginning in 1993 and ending in 1997, with fifty percent (50%) of this amount to be used to reduce City debt, as directed by the 2 City Council , and fifty percent (50%) to be used for police; fire protection; parks; recreation; cultural and library services; street construction, repair and maintenance; capital projects; and for such other municipal services and facilities as the City Council may approve by ordinance, notwithstanding any other State restrictions on the collection, retention and expenditure of City revenues. Section 2. That it is the intention of the qualified electors of the City of Fort Collins that this Ordinance, and any part or provision hereof, shall be considered severable; any invalidity of any part, section, provision, clause, sentence or fragment of this Ordinance will not affect the validity of any other portion of this Ordinance. Section 3. That this Ordinance is necessary to protect the public health, safety and welfare of the residents of the City, and covers matters of local concern. Section 8. That the following ballot language is hereby adopted for submitting the foregoing Ordinance No. 91, 1993, for approval by the voters: PROPOSED ORDINANCE AN ORDINANCE AUTHORIZING THE CITY OF FORT COLLINS, COLORADO, TO COLLECT, RETAIN AND EXPEND CITY REVENUES THAT EXCEED THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION UP TO THE AMOUNT OF 2.5 MILLION DOLLARS EACH YEAR, BEGINNING IN 1993 AND ENDING IN 1997, WITH 50% OF THE AMOUNT ANNUALLY COLLECTED AND RETAINED TO BE USED TO REDUCE CITY DEBT, AS DIRECTED BY THE CITY COUNCIL, AND 50% TO BE USED FOR POLICE; FIRE PROTECTION; PARKS; RECREATION; CULTURAL AND LIBRARY SERVICES; STREET CONSTRUCTION, REPAIR AND MAINTENANCE; CAPITAL PROJECTS; AND FOR SUCH OTHER MUNICIPAL SERVICES AND FACILITIES AS THE CITY COUNCIL MAY APPROVE BY ORDINANCE. FOR THE ORDINANCE_ AGAINST THE ORDINANCE_ Section 9. That if a majority of all the votes cast at the election on the measure shall be for the measure, the measure and the related Ordinance shall be deemed to have passed. Section 10. That the foregoing election shall be conducted under the provisions of the Charter and ordinances of the City and the Uniform Election Code of 1992. Section 11. That the City Clerk of the City of Fort Collins shall give public notice of the election on such measure: 3 (a) By causing notice to be published in The Coloradoan, a daily newspaper of general circulation and published once in the City, once at least ten (10) days before election day; and (b) By causing to be mailed at the least cost to "All Registered Voters" at each address within the City at which a voter is registered no sooner than twenty-five (25) days before the election, and no later than fifteen (15) days before the election, a notice entitled "Notice of Election on a Referred Measure." This notice shall include only: (1) The election date and hours for voting, the ballot title and text of the measure submitted by this Ordinance to the electors, and the office address and telephone number of the City Clerk; (2) Two (2) summaries, no more than five hundred (500) words each, one for and one against the measure, of written comments filed with the City Clerk no later than thirty (30) days before the election. No summary shall mention names of persons or private groups, nor any endorsement of or resolutions against the measure. The City Clerk shall file and accurately summarize all relevant written comments. Section 12. That the notice of the election shall include the ballot title, as well as the full text of the measure. Section 13. That the officers of the City shall take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 14. That if any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of August, A.D. 1993, and to be presented for final passage on the 17th day of August, A.D. 1993. ATTEST: Mayor City Clerk 4 Passed and adopted on final reading this 17th day of August, A.D. 1993. ATTEST: Mayor City Clerk 5