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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-