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HomeMy WebLinkAbout023 - 10/27/1955 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON DECEMBER 13, 1955 FOR THE PURPOSE OF SUBM ORDINANCE NO. 23 1955 CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE 13th DAY OF DECEMBER, A. D. 1955, AND FOR THE SUBMISSION TO A VOTE OF THE QUALIFIED ELECTORS THE QUESTIONS OF ADOPTING CERTAIN CHARTER AMENDMENTS RELATING TO AMENDMENT OF SECTION 16, ARTICLE V, SECTION 21, ARTICLE V, SECTION 6, ARTICLE x1II, SECTION 7, ARTICLE V, AND FOR THE SUB- MISSION TO A VOTE OF THE TAXPAYING ELECTORS OF A CERTAIN ORDINANCE RELATING TO THE ACQUIRING OF A TRANSPORTATION SYSTEM AND TO A VOTE OF THE QUALIFIED ELECTORS OF A CERTAIN ORDINANCE RELATING TO THE LEASING OF SUCH SYSTEM, AND PROVIDING FOR THE FORM OF SUBMISSION OF THE SAME. WTMREAS, the present operator of the transportation system in the City of Fort Collins has advised the Council that the contract under which such operator has furnished transportation for the inhabitants of the City would be terminated October 1, 1955, and WMER.EAS, a petition has been presented to the Council bearing the signatures of 11624 individuals requesting the Council to take action on the transportation problem, and WHEREAS, the City Charter requires the submission to a vote of the taxpaying electors of such question before the Council shall purchase, acquire and lease transportation systems, and WHEREAS, it is the opinion of the City Council that if the City should acquire a transportation system that the cost of operating or subsidizing such transportation system should be made by a mill levy in addition to the 15 mill levy authorized by the City Charter, and said Charter should be amended to provide for such extra mill levy, and WHEREAS, the Council considers that it might be for the best interest of the City to lease such transportation system for operation by a private individual if the acquiring of the same should be authorized by the electors, aid WHEREAS, such possible leasing of a transportation system may entail the subsidizing of the Lessee which would require an amendment to the City Charter, and WHEREAS, the Council considers that the City Charter should be amended to clarify the question of whether the City may purchase its own bonds without the necessity of obtaining bids therefor, and WHEREAS, the Council considers that before a transportation system is acquired that the City Charter should be amended to permit the acquiring of such system out of the equipment fund of the City rather than from the questionable revenue to be derived from the operation of such system, and w7lff20, the Council is authorized under the provisions of Section 3, Article XVII of the City Charter, and Section 5 of Article XX of the State Constitution, to submit at a special election any proposed ordinance and any measure or Charter amendment to the voters. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS- Section 1. That a special election be and the same is hereby called as provided by law and held in the several precincts of the City of Fort Collins, Colorado, on Tuesday, the 13th day of December, A. D. 1955, at which election there shall be submitted to the qualified electors proposed Charter chances changing the provisions of Section 16, Article V, Section 21, Article V, Section 6, Article =1,, and Section 7, Article V of the City Charter, and at which election there shall further be submitted to the taxpaying electors a proposed ordinance relating to the acquiring of a transportation system, and to the qualified electors a proposed Ordinance relating to the leasing of said transportation system, all of which is under and pursuant to Section 33 Article XVII of the City Charter, and Section 5, Article XX of the Constitution of the State of Colorado. Section 2. The said election shall be held at the following places in said precincts in the City of Fort Collins, Colorado, to-wit- Precinct A-1 - City Hall. Precinct B-1 = Dees and Sclawltters--, -- Precinct B-2 - LaPorte Avenue School Precinct B-3 - Community House at City Park Precinct C-1 - Courthouse Precinct C-2 - Junior High School Precinct C-3 - Presbyterian Church Precinct C-4 - Washington School Precinct C-5 - A. H. Dunn School Precinct D-1 - Remington School Precinct D-2 - Bethlehem Lutheran Church Precinct D-3 - Laurel School Precinct E-1 - State Armory Precinct E-2 - Name Harris School -2- Section 3. The polls shall be opened at the hour of 7.00 o'clock A.M. and shall remain open continuously and be closed at the hour of 7.00 o'clock P.M. of said day. Section 4. The said election shall be held and conducted as nearly as may be in the manner prescribed by law in the case of elections for municipal officers. Each elector offering to vote in the said election must be a qualified elector and must be registered under the applicable provisions of the City Charter and laws of the State of Colorado. Section 5. The City Clerk shall give notice of registration by advertise- ment in the Fort Collins Coloradoan, the official newspaper of the City of Fort Collins, Colorado, and by posting a printed notice of registration on the outside of the City Hall to the effect that registration will be held in the City, all as provided by Law, and the City Council finds and determines that such notice is sufficient, adequate and reasonable notice to all qualified electors to register for said special election to be held on December 13, 1955, Section 6. Upon passage and adoption of this Ordinance the City Clerk shall publish notice and call said election as herein authorized in accordance with law. Section 7. The City Clerk shall prepare the ballots to be used at the aforesaid election as provided by Section 7, Article %VI of the City Charter and under the direction of the Board of Elections, and the City Clerk shall give the required notice of the election as provided by Section 5, Article %VI of the City Charter, and shall arrange the polling places, matters of registrations and all other details necessary for the election. That registration for voting will be open as soon as convenient and continue open until the closing of the office at 5rO0 o'clock P.M. on December 3, 1955. The Charter Amendments and Ordinance submitted hereby to the qualified electors by the Council for an election shall be -3- placed upon the ballots which shall be uniform in size and color and shall contain printed thereon in legible type the measures submitted for a vote, which ballots shall be arranged substantially as follows- Special City Election Fort Collins, Colorado December 13, 1955 Voters desiring to vote for the ordinance submitted or the proposed charter changes shall mark a cross X in ink in the blank space to the right and opposite the words °For the Ordinance" or "For the Charter Change." Voters desiring to vote against such ordinance or proposed charter changes shall mark a cross X in the blank space to the right and opposite the words "Against the Ordinance" and "Against the Charter Change." If you wrongfully mark, tear or deface this ballot return it to the Judges of Election and obtain another. t r No. 1 ' ► Proposed Change of Section 16, Article V of the City Charter, r r r ► Section 16, Article V of the City Charter shall be changed by ► ' adding thereto the following words- "provided however, that t r the Council may make in the public interest an appropriation ' ' to subsidize the operation of a transportation system."' ► t r t For the Charter Change Y ► t t Against the Charter Change r t r f t No. 2 r t Proposed Change of Section 219 Article V of the City Charter. r t Section 21, Article V of the City Charter shall be changed by adding thereto the following words- "Whenever reserve funds ' ► or trust funds are available the Council may by Resolution authorize the purchase of bonds of the City by the Director of Finance with such reserve or trust funds, and in such, ► ' event dispense with the obtaining of bids for said bondg."' ► ' r t For the Charter change ► ' ► t Against the Charter Change ► ► r t r t -4- 1 No 3 t ' r r Proposed Change of Section 6, Article %III of the City Charter ' t r r Section 6, Article XIII of the City Charter shall be changed by ' t deleting the words "such public utilities acquired by the City, except water works, shall not be paid for out of general taxes ' t or general obligation bonds, but shall be paid for from the revenue derived from the public utility", substituting therefor ' t the words "such public utilities acquired by the City, except ' t water works and transportation systems, shall not be paid for ' t out of general taxes or general obligation bonds, but shall be t ' paid for from the revenue derived from the public utility. r r Equipment necessary for a transportation system may be acquired t t from the funds of the equipment fund of the City t r For the Charter change. t t t Against the Charter change. t t t t I t r r No. 4 t t Proposed Change of Section 72 Article V of the City Charter, ( t i t Section 7, Article V of the City Charter shall be amended ' t to read as follows "The mill levy shall not exceed 15 t t mills on each dollar of assessed valuation of taxable ' t property within the City for all purposes, except for the ' t operation, maintenance or subsidy of a transportation ' t system Any m-11 l levy in excess of the 15 mills aforesaidp ' t plus an additional 1 mill for operation, maintenance or t t subsidy of a transportation system, shall be absolutely ► t void as to the excess and it shall be unlawful for the ' t Assessor to extend, and for the Treasurer to collect any t t such excess " t r t t For the Charter change. ' t t t Against the Charter change* r t I t t t t r No, 5 r r t Ordinance No, 25, 1955 ' r r r Relating to the leasing of a transportation system to be acquired by the City of Fort Collins providing for the ' t subsidizing thereof and submission thereof to the qualified t t electors of the City of Fort Coll3ms. ' t r t For the Ordinance. t t t t Against the Ordinance. t t t r e t -5- Section 8. The question of acquiring a transportation system by the City of Fort Collins shall be submitted to the qualified taxpaying electors for an election, shall be placed upon a separate ballot, the ballots for which shall be uniform in size and color and shall contain printed thereon in legible type the measure submitted and shall be in substantially the following form- Special City election Fort Coll-in , Colorado December 13,s 1955 INSTRUCTIONS TO VOTERS Voters desiring to vote for the Ordinance submitted shall mark a cross % in ink in the blank space to the right and opposite the words "For the Ordinance.°[ Voters desiring to vote against such Ordinance shall mark a cross % in the blank space to the right and opposite the words "Against the Ordinance." If you wrong- fully mark, tear or deface this ballot return it to the Judges of Election and obtain another. Ordinance No.�2 _1955, relating to the acquiring of a transportation system by the City of Fort Collins pro- viding for funds therefor and submission thereof to the taxpaying electors of the City of Fort Collins. For the Ordinance. Against the Ordinance. � t Section 9. The City Clerk shall make publication and give such notice and do all acts and things in such manner and form and at such trines as are pres- cribed by the applicable provisions of the Constitution and laws of the State of Colorado and by the Charter of the City of Fort Collins. The ballots cast at such election shall be canvassed and the results ascertained, determined and certified in accordance with the requirements of the applicable provisions of the Constitution and Laws of the State of Colorado and the Charter of the City of Fort Coll-ns. —6- Introduced, considered favorably on first reading and ordered published this 22nd day of September, A. D. 1955, and to be presented for final passage on October 27, A. D. 1955. Mayor ATTEST: City Clerk Passed and adopted on final reading this 27th day of October, . D. 1955. Mayor ATTEST City Clerk -7-