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HomeMy WebLinkAbout134 - 02/07/1977 - CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWN ORDINANCE NO 134 77 AN ORDINANCE CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TILE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF WHEREAS , the Council of the City of Fort Collins, Colorado, has determined and does hereby determine that it is necessary to establish a downtown development authority for the public health, safety, pros- perity, security and welfare and to halt and prevent deterioration of property values in the central business district, and WHEREAS , it is first necessary to submit the question of the establishment of such an authority to a vote of the qualified electors of the District within which the Authority is to exercise its powers BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS THAT 1 Pursuant to part 8 of article 25 of title 31 , Colorado Revised Statutes , 1973 , as amended, there shall be submitted to the qualified electors of the District hereinafter described at a special election to be held for that purpose on Tuesday, the 21st day of February, 1978 , between the hours of 7 00 a m and 7 00 p m at the polling places hereinafter designated the following question Shall a Downtown Development Authority be formed pursuant to part 8 of article 25 of title 31 , Colorado Revised Statutes, 1973, as amended, thereby empowering the Council of the City of Fort Collins to assess, levy and collect an ad valorem tax upon the taxable property within the 3urisdiction of the Authority not to exceed 5 mills for the use and benefit of the Authority, said Authority to exercise its powers within a District in the City of Fort Collins to be bounded as follows Considering all boundary descriptions to be located within the Town Plat, City of Fort Collins situated in Section 11 and 12 , T7N, R69W of the 6th P M , Larimer County, being more particularly described as follows with the true point of beginning being the center of the intersection of Maple Street and Meldrum Street, thence commencing in an easterly direction along the center line of Maple Street to the center of the inter- section of Maple Street and Jefferson Street, thence commencing in a southeasterly direction along the center line of Jefferson Street and Riverside Avenue to the center of the intersection of Riverside Avenue and Whedbee Street, -1- thence commencing in a southerly direction along the center line of Whedbee Street to the center of the intersection of Whedbee and Oak Street, thence commencing in a westerly direction along the center line of Oak Street to the center of the inter- section of Oak Street and the north-south alley of Block 152, thence commencing in a southerly direction along the center line of said alley to the center of the inter- section of said alley and Olive Street, thence commencing in a westerly direction along the center line of Olive Street to the center of the intersection of Olive Street and Peterson Street, thence commencing in a southerly direction along the center line of Peterson Street to the center of the intersection of Peterson Street and the east-west alley of Block 144 , thence commencing in a westerly direction along the center line of said alley to the center of the intersection of said alley and Mathews Street, thence commencing in a southerly direction along the center line of Mathews Street to the center of the intersection of Mathews Street and Mulberry Street, thence commencing in a westerly direction along the center line of Mulberry Street to the center of the inter- section of Mulberry Street and the north-south alley of Block 94 , thence commencing in a northerly direction along the center line of said alley to the center of the intersection of said alley and Magnolia Street, thence commencing in a westerly direction along the center line of Magnolia Street to the center of the intersection of Magnolia Street and Sherwood Street, thence commencing in a northerly direction along the center line of Sherwood Street to the center of the intersection of Sherwood Street and Olive Street, thence commencing in an easterly direction along the center line of Olive Street to the center of the intersection of Olive Street and the north-south alley of Block 82 , thence commencing in a northerly direction along the center line of said alley across Oak Street and thence along the center line of the north-south alley of Block 81, to the center of the intersection of said alley and the south property line of lot 10 , Block 81, thence proceeding in a westerly direction along the south property line of said lot 10 a distance of 35 feet, thence proceeding north and parallel to the east property line of lots 9 and 10 , Block 81 to the intersection of said line and the center line of Mountain Avenue, thence commencing in an easterly direction along the center line of Mountain Avenue to the center of the intersection of Mountain Avenue and Meldrum Street, -2- thence commencing in a northerly direction along the center line of Meldrum Street to the true point of beginning To include the following Blocks 83 , 42 , 91, 41 , 92 , 93 , 32 , 31 , 101 , 102 , 103 , 104 , 22 , 21 , 111 , 112 , 113, 114 , 121 , 122 , 123 , 124 , 131 , 132 , 133 , 134 , 141 , 142 , 143 , 151, 11, 12 , 13 , 14 , 18 , and 19 , also the east one half of Blocks 82 , 81 , 94 , also the west one half of Block 152 , also the north one half of Block 144 , also the east 35 feet of lots 9 and 10 , Block 81, all in the Town Plat 2 Said special election shall be held and conducted in ac- cordance with the Charter of the City of Fort Collins, the Constitution of the State of Colorado, and the Colorado Municipal Election Code of 1965 , as amended, insofar as the same may be applicable 3 No vote, either for or against the question to be submitted at said special election, shall be received or permitted by the 3udges of election unless the person offering the same shall be a qualified elector of the District A qualified elector of the District is one who is either a "resident" , a "landowner" OR a "lessee" as these terms are defined below "Resident" means one who is a citizen of the United States and a resident of the State of Colorado, eighteen years of age or older, who makes his primary dwelling place within the District "Landowner" means the owner in fee of any undivided interest in seal property or any improvement permanently affixed thereto within the District "Owner in fee" includes a contract purchaser obligated to pay general taxes , a heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee "Lessee" means the holder of a leasehold interest in real property within the District "Leasehold interest" does not include a license or mere contract right to use real property within the District Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot 4 The qualified electors of the District shall vote at said special election by secret paper ballot, either by submitting an absent voter ballot or by appearing and casting a ballot at the polls Voting machines will not be used -3- 5 Qualified electors of the District who meet the requirements of the Colorado Municipal Election Code of 1965, as amended, relating to absent voter balloting, and who intend to vote by absent voter ballot, may obtain information and apply for and receive an absent voter ballot at the office of the City Clerk at City Hall , 300 LaPorte Avenue, Fort Collins, Colorado, at any time during regular business hours on or before Friday, the 17th day of February, 1978 , by following the procedures set forth in said Election Code 6 There is hereby established, for purposes of said special election only, one election precinct, the polling place for which shall be the Fort Collins Community Center, 101 Remington, Fort Collins , Colorado 80521 and the boundaries of which shall be the same as those of the proposed District The absent voter polling place shall be at the City Clerk ' s Office, Fort Collins Municipal Building, 300 LaPorte Avenue, Fort Collins , Colorado 80521 7 The following qualified electors of the proposed District aie hereby appointed and shall act as 3udges of said special election Merle Hall Richard White Ray Dixon Said 3udges shall receive in full compensation for their services the sum of $25 each The City Clerk is hereby instructed to mail certi- ficates of appointment to such election officials and to maintain a list for public inspection of those so appointed 8 The City Clerk is hereby instructed to publish a Notice of Special Election not more than fifteen (15) days nor less than ten (10) days prior to the election in The Coloradoan, a daily newspaper of general circulation published in the City of Fort Collins The City C1eik is further instructed to post a copy of said Notice at the polling place in each precinct at least ten (10) days before said special election Said Notice of Special Election shall be in sub- stantially the following form -4- NOTICE OF SPECIAL ELECTION CITY OF FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY FEBRUARY 21, 1978 NOTICE IS HEREBY GIVEN that at a special election to be held at the polling place hereinafter designated on Tuesday, the 21st day of February, 1978 , between the hours of 7 00 a m and 7 00 p m , there will be submitted to the qualified electors of the District the fol- lowing question Shall a Downtown Development Authority be formed pursuant to part 8 of article 25 of title 31 , Colorado Revised Statutues, 1973 , as amended, thereby empowering the Council of the City of Fort Collins to assess, levy and collect an ad valorem tax upon the taxable property within the 3urisdiction of the Authority not to exceed 5 mills for the use and benefit of the Authority, said Authority to exercise its powers within a District in the City of Fort Collins to be bounded as follows Considering all boundary descriptions to be located within the Town Plat, City of Fort Collins situated in Section 11 and 12 , T7N, R69W of the 6th P M , Larimer County, being more particularly described as follows with the true point of beginning being the center of the intersection of Maple Street and Meldrum Street, thence commencing in an easterly direction along the center line of Maple Street to the center of the intersection of Maple Street and Jefferson Street, thence commencing in a southeasterly direction along the center line of Jefferson Street and Riverside Avenue to the center of the intersection of Riverside Avenue and Whedbee Street, thence commencing in a southerly direction along the center line of Whedbee Street to the center of the intersection of Whedbee and Oak Street, thence commencing in a westerly direction along the center line of Oak Street to the center of the inter- section of Oak Street and the north-south alley of Block 152, thence commencing in a southerly direction along the center line of said alley to the center of the intersection of said alley and Olive Street, thence commencing in a westerly direction along the center line of Olive Street to the center of the intersection of Olive Street and Peterson Street, thence commencing in a southerly direction along the center line of Peterson Street to the center of the intersection of Peterson Street and the east-west alley of Block 144 , -5- thence commencing in a westerly direction along the center line of said alley to the center of the inter- section of said alley and Mathews Street, thence commencing in a southerly direction along the center line of Mathews Street to the center of the intersection of Mathews Street and Mulberry Street, thence commencing in a westerly direction along the center line of Mulberry Street to the center of the intersection of Mulberry Street and the north-south alley of Block 94 , thence commencing in a northerly direction along the center line of said alley to the center of the inter- section of said alley and Magnolia Street, thence commencing in a westerly direction along the center line of Magnolia Street to the center of the intersection of Magnolia Street and Sherwood Street, thence commencing in a northerly direction along the center line of Sherwood Street to the center of the intersection of Sherwood Street and Olive Street, thence commencing in an easterly direction along the center line of Olive Street to the center of the intersection of Olive Street and the north-south alley of Block 82 , thence commencing in a northerly direction along the center line of said alley across Oak Street and thence along the center line of the north-south alley of Block 81 , to the center of the intersection of said alley and the south property line of lot 10 , Block 81, thence proceeding in a westerly direction along the south property line of said lot 10 a distance of 35 feet, thence proceeding north and parallel to the east property line of lots 9 and 10 , Block 81 to the inter- section of said line and the center line of Mountain Avenue, thence commencing in an easterly direction along the center line of Mountain Avenue to the center of the intersection of Mountain Avenue and Meldrum Street, thence commencing in a northerly direction along the center line of Meldrux Street to the true point of beginning To include the following Blocks 83, 42 , 91 , 41 , 92 , 93, 32 31 101 , 709, in7 104 , 22 , 21 , 111 , 112 , 113 , 114 , 121 , 122 , 123 , 124 , 131 , 132 , 133 , 134 , 141 , 142 , 143 , 151 , 11 , 12 , 13 , 14 , 18 , and 19 , also the east one half of Blocks 82 , 81 , 94 , also the west one half of Block 152 , also the north one half of Block 144 , also the east 35 feet of lots 9 and 10 , Bloch 81 , all in the Town Plat The purpose of the yroposed Downtown Development Authority i�, generally to serve as a vehicle for planning and improving the above-described central business district by the exercise of the powers granted to it by the governing statute -6- A qualified ejector of the District is one who is either a "resident" , a "landowner" OR a "lessee" as these terms are defined below "Resident" means one who is a citizen of the United States and a resident of the State of Colorado, eighteen years of age or older, who makes his primary dwelling place within the District "Landowner" means the owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the District "Owner in fee" includes a contract purchaser obligated to pay general taxes, a heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee "Lessee" means the holder of a leasehold interest in real property within the District "Leasehold interest" does not include a license or mere contract right to use real property within the District Those qualified electors of the District who are otherwise fully qualified to vote on said question at said special election, but who shall be absent from their precinct on the day of said special 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 their pre- cinct on the day of said special election, or who because of serious illness or physical disability, or who for reasons based upon the doctrinesof an established religion shall be unable to attend the polls, may apply in writing at the office of the City Clerk at City Hall , 300 LaPorte Avenue, Fort Collins , Colorado, for absent voter ballots at any time during regular business hours on or before Friday, February 17 , 1978 The Council has established, for purposes of said special election only, one election precinct, the polling place for which shall be the Fort Collins Community Center, 101 Remington, Fort Collins, Colorado, 80521 and the boundaries of which shall be the same as the boundaries of the proposed District The absent voter polling place shall be the City Clerk ' s Office, Fort Collins Municipal Building, 300 LaPorte Avenue, Fort Collins, Colorado The votes cast shall be recorded on paper ballots, and said special election shall be held and conducted , the returns thereof -7- canvassed, and the results thereof declared, in the manner prescribed by law for other municipal elections IN WITNESS WHEREOF, the Council of the City of Fort Collins , Colorado, has caused this Notice to be given /s/Verna Lewis (CITY) City Clerk (SEAL) City of Fort Collins, Colorado Publish in Tne Coloradoan Publish on February 10 , 1978 Post at The Precinct -8- 9 Ballots to be used in voting upon the question to be sub- mitted at said special election shall be prepared and furnished by the City Clerk to the judges of election, to be by them furnished to the qualified electors of the District Said ballots shall be in sub- stantially the following form -9- Official Ballot Stub No 1 Official Ballot Duplicate Stub No 1 OFFICIAL BALLOT CITY OF PORT COLLINS STATE OF COLORADO SPECIAL ELECTION FEBRUARY 21 , 1978 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (x) in the square opposite the words expressing his or her choice ) Shall a Downtown Development Authority be formed pursuant to part 8 of article 25 of title 31 , Colorado Revised Statutes, 1973 , as amended, thereby empowering the Council of the City of Fort Collins to assess , levy and collect an ad valorem tax upon the taxable property within the jurisdiction of the Authority not to exceed 5 mills for the use and benefit of the Authority, said Authority to exercise its powers within a District in the City of Fort Collins to be bounded as follows Considering all boundary descriptions to be located within the Town Plat, City of Fort Collins situated in Section 11 and 12 , T7N, R69W of the 6th P M , Larimer County, being more particularly described as follows with the true point of beginning being the center of the intersection of Maple Street and Meldrum Street, thence commencing in an easterly direction along the center line of Maple Street to the center of the inter- section of Maple Street and Jefferson Street, thence commencing in a southeasterly direction along the center line of Jefferson Street and Riverside Avenue to the center of the intersection of Riverside Avenue and Whedbee Street, thence commencing in a southerly direction along the center line of Whedbee Street to the center of the intersection of Whedbee and Oak Street, thence commencing in a westerly direction along the center line of Oak Street to the center of the intersection of Oak Street and the north-south alley of Block 152 , thence commencing in a southerly direction along the center line of said alley to the center of the inter- section of said alley and Olive Street, thence commencing in a westerly direction along the center line of Olive Street to the center of the intersection of Olive Street and Peterson Street, thence commencing in a southerly direction along the center line of Peterson Street to the center of the intersection of Peterson Street and the east-nest alley of Block 144 , -10- thence commencing in a westerly direction along the center line of said alley to the center of the intersection of said alley and Mathews Street, thence commencing in a southerly direction along the center line of Mathews Street to the center of the intersection of Mathews Street and Mulberry Street, thence commencing in a westerly direction along the center line of Mulberry Street to the center of the inter- section of Mulberry Street and the north-south alley of Block 94 , thence commencing in a northerly direction along the center line of said alley to the center of the intersection of said alley and Magnolia Street, thence commencing in a westerly direction along the center line of Magnolia Street to the center of the intersection of Magnolia Street and Sherwood Street, thence commencing in a northerly direction along the center line of Sherwood Street co the center of the intersection of Sherwood Street and Olive Street, thence commencing in an easterly direction along the center line of Olive Street to the center of the intersection of Olive Street and the north-south alley of Block 82 , thence commencing in a northerly direction along the center line of said alley across Oak Street and thence along the center line of the north-south alley of Block 81, to the center of the intersection of said alley and the south property line of lot 10 , Block 81, thence proceeding in a westerly direction along the south property line of said lot 10 a distance of 35 feet, thence proceeding north and parallel to the east property line of lots 9 and 10 , Block 81 to the intersection of said line and the center line of Mountain Avenue, thence commencing in an easterly direction along the center line of Mountain Avenue to the center of the intersection of Mountain Avenue and Meldrum Street, thence commencing in a northerly direction along the center line of Meldrum Street to the true point of beginning To include the following Blocks 83 , 42 , 91 , 41 , 92 , 93 , 32 , 31 , 101 , 102 , 103, 104 , 22 , 21 , 111 , 112 , 113 , 114 , 121 , 122 , 123 , 124 , 131, 132 , 133 , 134 , 141 , 142 , 143 , 151 , 11 , 12 , 13 , 14 , 18 , and 19 , also the east one half of Blocks 82 , 81 , 94 , also the west one half of Block 152 , also the north one half of Block 144 , also the east 35 feet of lots 9 and 10 , Block 81, all in the Town Plat YES NO -11- OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF FORT COLLINS, COLORADO, ON FEBRUARY 21 , 1978 (Eacsimile Signature) City Clerk City of Fort Collins, Colorado -12- 10 The boundaries of the District within which the Authority shall exercise its powers , if organized, are as stated in the forms of Notice of Special Election and ballot hereinbefore prescribed 11 If the establishment of the proposed Downtown Development Authority is approved, an ad valorem tax not to exceed five (5) mills may be assessed, levied and collected by the Council of the City of Fort Collins , Colorado, for the use and benefit of the Authority in accordance with the provisions of said part 8 of article 25 of title 31, Colorado Revised Statutes 1973 , as amended 12 The votes cast at said special 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 regular municipal elections for the City of Fort Collins , Colorado 13 If a majority of the qualified electors of the District voting on the question set forth hereinbefore to be submitted at said special election vote for the establishment of the proposed Downtown Development Authority, the Council shall proceed forthwith by ordinance to establish said Authority 14 All action, not inconsistent with the provisions of this Ordinance, heretofore taken by the officers of the City of Fort Collins , Colorado, whether elected or appointed, directed toward holding a special election on the question of the establishment of a downtown development authority, are hereby ratified, approved and confirmed 15 All ordinances , resolutions, motions, or parts thereof, in conflict with this Ordinance are hereby repealed, except that this repealer shall not be construed to revive any ordinance, resolution, motion, or part thereof, heretofore repealed 16 If any section, paragraph, clause, or provision of this Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate any of the remaining sections, paragraphs , clauses , or provisions of this Ordinance, the -13- intention being that the various sections , paragraphs , clauses, or provisions hereof are severable INTRODUCED , READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED ONCE IN FULL this 17th day of January, 1978 CITY or FORT COLLINS , COLORADO By --4&xoot&�.... Mayor (CITY) (SEAL) ATTEST L _ 1 2 City Clerk 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 7th day of February, 1978 at 5 30 p m —14— READ, FINALLY PASSED ON SECOND READING, AND ORDERED PUBLISHED ONCE BY NUMBER AND TITLE ONLY this 7th day of February, 1978 CITY OF FORT COL INS , COLORADO By \ Mayor (CITY) (SEAL) ATTEST City Clerk -15- i