HomeMy WebLinkAbout032 - 03/03/1981 - PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS COLORA ORDINANCE NO 32, 1981
AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE REGISTERED QUALIFIED
ELECTORS OF THE CITY OF FORT COLLINS, COLORADO, ONE QUESTION OF ISSUING
GENERAL OBLIGATION BONDS OF SAID CITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT
EXCEEDING $5,065,000 FOR THE PURPOSE OF ACQUIRING, DEVELOPING, REDEVELOP-
ING, EXPANDING, IMPROVING, LANDSCAPING AND EQUIPPING COMMUNITY PARKS WITHIN
AND FOR SAID CITY, SAID QUESTION TO BE SUBMITTED AT THE REGULAR CITY
ELECTION TO BE HELD APRIL 7, 1981, PRESCRIBING THE FORM OF BALLOT QUESTION
FOR SUBMISSION AT SAID ELECTION, PROVIDING FOR PUBLICATION OF NOTICE OF
REGISTRATION AND POSTING AND PUBLICATION OF NOTICE CONCERNING SAID ELEC-
TION, AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF
WHEREAS, the Constitution and laws of the State of Colorado and the
Charter of the City of Fort Collins, Colorado (the City) , authorize the
issuance by the City of its negotiable, interest bearing general obligation
bonds for municipal and public purposes, and
WHEREAS, it is first necessary to submit the question of issuing such
bonds to the qualified registered electors of the City, and
WHEREAS, the Council of the City (the Council) has determined that
there should be submitted to said electors the question of issuing such
bonds in an aggregate principal amount not exceeding $5,065,000 for the
purpose of defraying, in whole or in part, the cost of acquiring, develop-
ing, redeveloping, expanding, improving, landscaping and equipping commun-
ity parks within and for the City, as set forth more fully in the ballot
question hereinafter prescribed, and
WHEREAS, the Council has heretofore by Ordinance No 23, 1981, called
and provided for the conduct of the regular City election to be held April
7, 1981 (the Regular City Election) , and
WHEREAS, the Council desires that said question of issuing such bonds
be submitted at the Regular City Election
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO,
THAT
Section 1 The Regular City Election shall be held on Tuesday, April
7, 1981 , between the hours of 7 00 a m and 7 00 p m in the several
precincts of the City heretofore established by Ordinance No 132, 1980
Section 2 At the Regular City Election there shall be submitted to a
vote of the registered qualified electors of the City the following ques-
tion
-2-
"Shall the City of Fort Collins, Colorado, be authorized to issue
its negotiable, interest bearing general obligation bonds in one
series or more in an aggregate principal amount not to exceed
$5,065,000, or so much thereof as may be necessary, for the
purpose of defraying, in whole or in part, the cost of acquiring,
developing, redeveloping, expanding, improving, landscaping and
equipping community parks within and for said City, together with
all necessary incidental and appurtenant improvements, facili-
ties, equipment and costs, such bonds to bear interest at a net
effective interest rate not exceeding twelve per centum (12%) per
annum, and to mature during a period of not more than 20 years
from the date or respective dates of the bonds, such bonds to be
payable from general ad valorem taxes and other funds legally
available therefore, and such bonds to be sold and issued at one
time or from time to time, in such manner and amounts and upon
such terms and conditions as the Council may later determine,
including provisions for the redemption of bonds prior to matu-
rity upon payment of a premium or premiums not exceeding 3
percent of the principal thereof?"
(The proceeds of the bonds will not be used for payment of the
annual costs of operation and maintenance, which costs will
result in increased taxes )
Section 3 The maximum net effective interest rate at which the
indebtedness described in the foregoing ballot question may be incurred is
twelve per centum (12%) per annum
Section 4 No vote, either for or against said question shall be
received or permitted by the judges of election unless the person offering
the same shall be a duly registered and qualified elector of the City
Section 5 qualified electors whose names do not appear on the
Official Registration List and those who have changed their addresses
may register or change their addresses at the office of the County Clerk
and Recorder of Larimer County, Colorado, or at the office of the City
Clerk, at any time during regular business hours of those offices on or
before Friday, March 6, 1981, in accordance with the Charter of the City
and Colorado Municipal Election Code of 1965, as amended In order to so
inform the qualified electors of the City, the City Clerk shall cause a
Notice of Registration in the following form to be published once in The
Coloradoan, a newspaper of general circulation published in the City, prior
to the closing of the registration books for the Regular City Election
-3-
NOTICE OF REGISTRATION
REGULAR CITY ELECTION
CITY OF FORT COLLINS, COLORADO
APRIL 7, 1981
NOTICE IS HEREBY GIVEN that in order to vote at the Regular City
Election to be held in the City of Fort Collins, Colorado, on Tuesday,
April 7, 1981, one must be a registered qualified elector of the City of
Fort Collins Qualified electors whose names do not appear on the Official
Registration List for the City of Fort Collins or who have changed their
addresses may register or change their addresses at the office of the
County Clerk and Recorder at the Larimer County Courthouse in Fort Collins,
Colorado, or at the office of the City Clerk at City Hall in Fort Collins,
Colorado, during regular business hours ON OR BEFORE FRIDAY, MARCH 6,
1981
At said Regular City Election there will be submitted to the regis-
tered qualified electors of the City of Fort Collins one question of
issuing general obligation bonds in an aggregate principal amount not to
exceed $5,065,000 for the purpose of acquiring, developing, redeveloping,
expanding, improving, landscaping and equipping community parks within and
for the City, all as set forth in a Notice Concerning Regular City Electon
to be published in this newspaper on March 26, 1981
IN WITNESS WHEREOF, the Council of the City of Fort Collins, Colorado,
has caused this notice to be given
/s/ Wanda M Krajicek
Tit TUE r
City of Fort Collins, Colorado
(CITY)
(SEAL)
Published in The Coloradoan
Fort Collins, Colorado
Publish on February 23, 1981
-4-
Section 6 The registered qualified electors of the City shall vote
at the Regular City Election either by submitting an absent voter ballot or
by appearing and casting a ballot at the polls Electronic voting equip-
ment shall be used at the polls and for absent voter balloting The
Regular City Election shall be held and conducted in accordance with the
Charter of the City and the Colorado Municipal Election Code of 1965, as
amended
Section 7 Registered qualified electors entitled to vote at said
election who meet the requirements of the Colorado Municipal Election Code
of 1965, as amended, who intend to vote by absent voter ballot, may obtain
information and apply for and receive absent voter ballots at the office of
the City Clerk at City Hall , Fort Collins, Colorado, at any time during
regular business hours on or before Friday, April 3, 1981, by following the
procedures required by said Election Code
Section 8 The City Clerk is hereby instructed to publish a Notice
Concerning Regular City Election not more than fifteen (15) days nor less
than ten (10) days prior to the Regular City Election in The Coloradoan, a
newspaper of general circulation published in the City The City Clerk is
further instructed to post a copy of said notice at each polling place at
least ten (10) days before the Regular City Election Said Notice Concern-
ing Regular City Election shall be substantially in the following form
-5-
NOTICE CONCERNING REGULAR CITY ELECTION
CITY OF FORT COLLINS, COLORADO
APRIL 7, 1981
NOTICE IS HEREBY GIVEN that at the Regular City Election of the City
of Fort Collins, Colorado, to be held in the City on Tuesday, the 7th day
of April ,1981, between the hours of 7 00 a m and 7 00 p m there will be
submitted to the registered qualified electors of the City the following
question
"Shall the City of Fort Collins, Colorado, be authorized to issue
its negotiable, interest bearing general obligation bonds in one
series or more in an aggregate principal amount not to exceed
$5,065,000, or so much thereof as may be necessary, for the
purpose of defraying, in whole or in part, the cost of acquiring,
developing, redeveloping, expanding, improving, landscaping and
equipping community parks within and for said City, together with
all necessary incidental and appurtenant improvements, facili-
ties, equipment and costs, such bonds to bear interest at a net
effective interest rate not exceeding twelve per centum (12%) per
annum, and to mature during a period of not more than 20 years
from the date or respective dates of the bonds, such bonds to be
payable from general ad valorem taxes and other funds legally
available therefore, and such bonds to be sold and issued at one
time or from time to time, in such manner and amounts and upon
such terms and conditions as the Council may later determine,
including provisions for the redemption of bonds prior to matu-
rity upon payment of a premium or premiums not exceeding 3
percent of the principal thereof?"
(The proceeds of the bonds will not be used for payment of the
annual costs of operation and maintenance, which costs will
result in increased taxes )
-6-
Those persons who are citizens of the United States, eighteen (18)
years of age or older, who have been residents of the State of Colorado for
thirty-two (32) days next preceding the election and residents of the City
of Fort Collins for thirty-two (32) days next preceding the election and
who have been duly registered in the City of Fort Collins shall be entitled
to vote at said Regular City Election
Those electors who are otherwise fully qualified to vote on said
question at said Regular City Election, but who shall be absent from the
City on the day of said 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 the City on the day of said election, or who because of
serious illness or physical disabilty, or who for reasons based upon the
doctrines of an established religion, shall be unable to attend the polls,
may apply in writing at the office of the City Clerk at City Hall, Fort
Collins, Colorado, for absent voter ballots at any time during regular
business hours on or before Friday, April 3, 1981
Electronic voting equipment will be used for balloting at the polls
and for absent voter balloting
Said election shall be held and conducted, the returns thereof can-
vassed, and the results thereof declared, in the manner prescribed by law
for all such regular City elections
IN WITNESS WHEREOF, the Council has caused this notice to be given
/s/ Wanda M Krajicek
City C er
City of Fort Collins, Colorado
(CITY)
(SEAL)
Publish in The Coloradoan
Fort Collins, Colorado
Publish on March 25, 1981
Post at Each Polling Place
Post on March 27, 1981
-7-
Section 9 The votes cast at the Regular City 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 all such regular City elections
Section 10 If a majority of all the votes cast on the question set
forth hereinbefore to be submitted at the Regular City Election shall be in
favor of issuing the bonds for the purpose stated in said question, it
shall then be lawful for the Council to authorize the proper officers of
the City to proceed to issue the negotiable, interest bearing general
obligation bonds of the City, in accordance with the proposal so approved
at the election The authority to issue any or all of the bonds designated
in said question, if conferred at the election by the registered qualified
electors authorized to vote thereon, shall be deemed and considered a
continuing authority to issue and deliver the bonds so authorized at one
time, or from time to time, and neither the partial exercise of the autho-
rity so conferred, nor any lapse of time, shall be considered as exhausting
or limiting the full authority so conferred by the electors voting in favor
of said question
Section 11 All actions, not inconsistent with the provisions of this
Ordinance, heretofore taken by the officers of the City, whether elected or
appointed, directed toward holding the Regular City Election are hereby
ratified, approved and confirmed
Section 12 All ordinances, resolutions, or parts thereof, in con-
flict with this Ordinance are hereby repealed, except that this repealer
shall not be construed to revive any ordinance, resolution, or part there-
of, heretofore repealed
Section 13 If any section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining sections, paragraphs,
clauses or provisions of this Ordinance
-8-
INTRODUCED, READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED
ONCE IN FULL this 17th day of February, 1981
CITY OF FORT COLLINS, COLOR DO
ayork 4 CC.2
(CITY)
(SEAL)
ATTEST
� l pP
City er O
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 3rd day of
March, 1981 at 5 30 p m
-9-
READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY
NUMBER AND TITLE ONLY this 3rd day of March, 1981
CITY OF FORT COLLINS, COLORADO
C� i
Mayor
f
(CITY) fl
(SEAL)
ATTEST
City Clerk
-10-