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HomeMy WebLinkAbout005 - 02/15/1935 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 19, 1935, FOR THE SUBMISSI ORDINANCE NO 5 , 1935 BEING AN EMERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD IN THE CITY OF FORT COLLINS , COLORADO , ON TUESDAY, THE 19TH DAY OF MARCH, A D 19359 FOR THE SUBMISSION TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS FOR ADOPTION OR REJECTION, A PROPOSED AMENDMENT TO ARTICLE XVIII OF THE CITY CHARTER OF THE CITY OF FORT COLLINS, BEING DESIGNATED AS SECTION 24, DIRECTING THE CITY COUNCIL TO DEFER THE ACQUISITION OF A MUNICIPAL ELECTRIC LIGHT AND POWER SYSTEM, AND TO MAKE EFFECTIVE A PROPOSED SCHEDULE OF RATES FOR ELECTRIC SERVICE, AND REPEALING ANY AND ALL PARTS OF THE CITY CHARTER AND/OR LAWS IN CONFLICT WITH SAID PROPOSED CHARTER AMENDMENT WHEREAS, a petition has heretofore , on January 25 , 1935 , been presented to the City Clerk of the City of Fort Collins for filing under and by virtue of the Twentieth Amendment to the Constitution of the State of Colorado , requesting the City Council of said City of Fort Collins to submit to the qualified electors of said City, at a special election to be held not less than thirty (30) nor more than sixty (60) days from the filing of this petition, an amendment to Article XVIII of the Charter of the City of Fort Collins , the same being designated as Section 24 , directing the City Council to defer the acquisition of a municipal electric light and power system, and to make effective a proposed schedule of rates for electric service , and repealing any and all parts of the City Charter and/or laws in conflict with said pro- posed charter amendment, and WHEREAS , the City Clerk has caused a careful check of said petition to be made and filed his certificate on February 8 , 1935 , finding that said petition was signed by igore than 538 qualified electors of the said City, the same being more than ten per centum of all the votes cast in the said City of Fort Collins for Governor of the State of Colorado at the general election held November 6 , 19341 which total vote was certified by the County Clerk of Larimer County as 5375, and 91- WHEREAS, on February 8, 1935, the certificate and report of the said City Clerk was transmitted to the City Council, together with the aforesaid petition, and the same were approved as having been filed, and WHEREAS, after due consideration on the 15th day of February, 1935, of said petition, together with the report and certificate of the said City Clerk thereon, the City Council deemed it mandatory to submit said proposed charter amendment to the vote of the qualified electors of said City of Fort Collins at a special election NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That the Commissioner of Safety and Ex-Officio Mayor and the City Clerk are hereby authorized and directed to call a special election of the qualified electors of the City of Fort Collins, pursuant to authority contained in Section 3 of Article XV of the Charter of the City of Fort Collins and also pursuant to Article XX of the Constitution of the State of Colorado , which said election shall be called to be held in all the wards and voting precincts of the said City on the 19th day of March, A D 19351, as provided by law, and that there be submitted to the vote of said qualified electors the matter of the adoption • or rejection of said proposed charter amendment to Article XVIII of the Charter of the City of Fort Collins , said amendment being designated as Section 24, directing the City Council to defer the acquisition of a municipal electric light and power system, and to make effective a proposed schedule of rates for electric service , and repealing any and all parts of the City Charter and/or laws in conflict with said proposed charter amendment, and is in words and figures as follows , to-wit -2- AMENDMENT TO THE CHARTER OF THE ITY OF FORT COLLINS BE IT ENACTED by the people of the City of Fort Collins , in the County of Larimer, State of Colorado , that Section 24 of Article XVIII as adopted at a special election held September 12 , 1932 , be and the same is hereby amended to read as follows Section 24 MUNICIPAL ELECTRIC LIGHT AND POWER SYSTEM The City Council shall have the right and authority to acquire by any lawful means a municipal electric light and power system, consisting of a distribution system and/or a generating plant , and in the event said city council shall determine that it is to the best interests of said city that it acquire a distribution system without the construction of a generating plant , said council shall have authority to contract for energy to supply said distri- bution system from any available source Said City Council shall issue in full payment for said municipal electric light and power system municipal electric light and power interest bearing revenue bonds in the principal amount not to exceed $745 ,000 , which bonds shall be payable solely out of the revenue to be derived from the operation of said system, such bonds in no event to be paid by taxation or out of the general funds of the city, except that the city shall pay reasonable rates for light and power used for municipal purposes The Council shall have power to maintain and operate said system for the use and benefit of said city and its inhabitants, and shall have all other powers and shall adopt all means necessary or appropriate to carry out the requirements , purpose and intent of this section in accordance with the most liberal construction which may be placed hereon, provided, however , that if the following rates for electric service can be agreed to and forthwith made effective between the City Council and Public Service Company of Colorado RESIDENCE SERVICE Available for domestic service only Not available to clubs , fraternities , sororities, lodges , hotels or rooming houses RATE (Net) First 35 kwh used per month , per kwh $0 06 Next 35 kwh used per month, per kwh 04 All additional kwh used per month, per kwh 02 MINIMUM Net minimum charge per meter, per month 1 00 GENERAL BUSINESS LIGHTING SERVICE Available for business service only RATE (Net) First 100 hours use per month of billing demand, per kwh $0 06 Next 100 hours use per month of billing demand, per kwh 04 All additional use per month, per kwh 02 MINIMUM Net monthly minimum charge per 100 watts of billing demand 10 But not less per meter, per month, than 1 00 -3- BUSINESS DISPLAY LIGHTING SERVICE Available for business sign, window and display light- ing service in the business section, when the size and charActer of the installation meets the approval of the company, and the burning hours are controlled as specified in the rate RATE (Net) Sign, Window and Display Lighting Dusk to 10 P M Burning First 1,000 watts of connected load,per month,per 100 watts $0 80 Next 1 ,000 watts of connected load per month,per 100 watts 70 All additional watts of connected load,per month,per 100 watts 65 Dusk to 11 P M Burning First 1,000 watts of connected load,per month,per 100 watts 90 Next 1,000 watts of connected load,per month,per 100 watts 80 All additional watts of connected load,per month,per 100 watts 75 Dusk to Dawn Burning First 1,000 watts of connected load,per month,per 100 watts 1 60 Next 1, 000 watts of connected load,per month ,per 100 watts 1 40 All additional watts of connected load,per month,per 100 watts 1 25 Additional Hours Use When any load is burned for a longer period than specified in the contract , a charge for each additional hour of daily burn- ing period , per month, per 100 watts, of 10 shall be added to the contract schedule MINIMUM Net monthly minimum charge per customer as provided by the burn- ing hours of the rate No connected load shall be considered as less than 200 watts GENERAL SECONDARY POWER SERVICE Available for an initial specified demand for alternating current power service metered at the voltage of company's established secondary distribution system RaTE (Net) First 20 kwh used per month per Hp of contract horsepower, but not less than for the first 100 kwh used, per kwh $0 05 Next 40 kwh used per month per Hp of contract horsepower, but not less than for the next 200 kwh used, per kwh 04 Next 140 kwh used per month per Hp of contract horsepower, but not less than for the next 700 kwh used, per kwh 02 All additional kwh used per month, per kwh 015 MINIMUM Net monthly minimum charge per horsepower of contract horsepower 1 00 Nor less per meter, per month, than 1 00 And for not less than 3 consecutive months each year BUSINESS COOKING SERVICE Available for business cooking and heating RATE(Net) First 100 kwh used per month, per kwh 0 035 All additional kwh used per month , per kwh 03 Except that when no energy is used under this schedule during the 'Lon-peak't hours the rate for all kwh used per month in excess of 500 kwh shall be , per kwh 02 MINIMUM Net minimum charge per meter, per month For a connected load of 3 kw or less 2 00 -4- Plus For each additional kw of connected load 1 25 SPECIAL PRIMARY POWER SERVICE Available for alternating current power and incidental lighting provided service is taken at one point of delivery and metered at voltage of Company's established primary distribution system Not available for standby or resale service RATE (Net) Demand charge First 100 Hp or less of billing demand , per month $200 00 Next 300 Hp of billing demand, per month, per Hp 1 50 All additional Hp of billing demand, per month, per Hp 1 00 Energy Charge First 50 kwh used per month per Hp of billing demand,per kwh 02 Next 50 kwh used per month per Hp of billing demand, per kwh 01 All additional kwh used per month, per kwh 007 MINIMUM Net minimum charge equal to Demand Charge of rate , but not less per meter, per month, than „ 200 00 MUNICIPAL BUILDING LIGHTING SERVICE Lighting of the buildings in the City, Park and Camp Grounds , City Library, flood lights for City Soft Ball Courts , and the Public Schools shall be as follows RATE (Net) All current used, per kwh $0 05 The City or School District No 5 shall have the right , upon written application, of obtaining service under any of the Company' s rates available for such service in lieu of the above rate MINIMUM Net minimum charge per meter, per month 1 00 MUNICIPAL RAILWAY POWER AND LIGHT AND CITY HALL SERVICE Available only for combined power and lighting service to the Municipal Street Railway, City Shops and City Hall of the City of Fort Collins RATE (Net) Energy Charge All kwh used, per kwh $0 01 MUNICIPAL STREET LIGHTING SERVICE Available for municipal street and park lighting at the voltage and/or current and phase of Company' s established dis- tribution system for such service RATE (Net) Multiple Incandescent Lamps Per Lamp , per year Burning Dusk to Dawn 750 watt lamps $ 81 00 500 watt lamps 60 00 300 watt lamps 45 00 200 watt lamps 36 00 150 watt lamps 30 00 -5- 100 watt lamps 24 00 60 watt lamps, 2 or more lamps per standard ) 60 watt Alley, bracket lamps, business district) 15 00 Burning Dusk to 12 IP M 300 watt lamps 38 50 200 watt lamps 30 00 100 watt lamps 21 00 60 watt lamps , 2 or more lamps per standard 9 00 Series Incandescent Lamps Per lamp , per year Burning Dusk to Dawn 600 candlepower lamps 51 00 400 candlepower lamps 42 00 250 candlepower lamps 30 00 60 candlepower bracket lamps on existing general dis- tribution poles 18 00 Burning Dusk to 12 P M 600 candlepower lamps 43 20 The above and foregoing schedules of rates shall be subject to such general rules and regulations concerning the contract period , delayed payment charge and such other rules and regulations res- pecting service as may be prescribed by the Company and filed with the City Clerk and approved by the City Council Then under and because of existing economic conditions, the Council is directed to make effective said rate and to defer the acquisition of said municipal electric light and power system until such tim4 as said Public Service Company of Colorado shall seek to raise said schedule of rates in any respect , not in the opinion of the Council justi- fied by then existing conditions , or the Council shall determine that new developments and changed conditions justify the City in acquiring such system Any and all parts of the City Charter and/or laws in conflict nerewith are hereby repealed The foregoing amendment shall be voted upon by the qualified electors of the City of Fort Collins in accordance with the provisions of Article XX of the Constitution of the State of Colorado and the charter of said City Section 2 The form of the ballot at said election shall be as follows INSTRUCTIONS TO VOTERS--A voter wishing to vote in favor of the adoption of the above proposed charter amend- ment shall place a cross (X) mark in the space opposite the words 'For the proposed Amendment " A voter wishing to vote against the adoption of the above proposed charter amendment shall place a cross (x) mark in the space opposite the words 'Against the Proposed Amendment " If you wrongly mark, tear or deface this ballot , return it to the Judge of Election and obtain another -6- Proposed Amendment to Article 7.VIII of the Charter of the City of Fort Collins , changing Section 24 thereof For the directing the City Council to defer Proposed the acquisition of a municipal ele- Amendment ctric light and power system, and to make effective a proposed schedule Against the of rates for electric service , and Proposed repealing any and all parts of the Amendment City Charter and/or laws in conflict with said proposed charter amendment Section 3 Said special election shall be held in the following precincts and wards in said City at the following places , to-wit Precinct 1 ,Ward 1, City Hall Precinct 11 Ward 21 Polorado Farm Supply Company, 216 W Mountain Avenue Precinct 21 ward 22 LaPorte Avenue School, Precinct 1 , ward 33 Court House Precinct 2 , ward 31 Junior High School , Precinct 39 ward 3 , Washington School, Precinct 19 Ward 41 First Christian Church, Precinct 21 Ward 4, Bethlehem Evangelical Lutheran Church, 300 Whedbee Street, Precinct 12 Ward 5 , State Armory Precinct 21 Ward 52 Lincoln School and the City Council is hereby authorized and directed to appoint the necessary Judges and Clerks for each of said precincts and wards as required by law and the City Charter to conduct said election in said precincts and wards Section 4 The polls shall be open at the hour of 7 00 A M and shall be open continuously during the day of the election, and shall close at 7 00 P M of said day Section 5 The City Clerk of the City of Fort Collins is hereby authorized and directed to provide the necessary ballots , registration lists , poll books, all blanks and supplies required for the proper conduct of said election and to secure the necessary voting places in which to hold said election and shall do and perform all other duties required by the laws of Colorado and the City Charier in a general election of City officers so far as the same are applicable in the conduct of this special election -7- Section 6 The said special election shall be held and conducted as provided by the laws of the State of Colorado and the City Charter and registration for said election may be had as provided by law and request shall be made upon the County Clerk and Recorder of Larimer County, Colorado , to give notice by publication in a daily newspaper in said City of re- gistration at his office at the Court House in the City of Fort Collins for a period of ten ( 10) days prior to the beginning of said registration and said period of registration shall extend at least from the lst day of March to the 13th day of March, 1935 , both inclusive , provided nothing herein shall limit or abridge the right of the citizens of Fort Collins to register at other times as provided by law than that stated in the notice , prior to the close of the office of the County Clerk and Recorder of Larimer County, Colorado , on the 13th day of March, 1935 SECTION 7 The Judges of election in the several precincts and wards shall make a canvass of the returns from said election, and shall sign and return a certificate of the votes cast in their several precincts and wards , which shall be duly returned and filed in the office of the City Clerk as provided by law and the City Charter S@ction 8 The City Council shall meet on the third day after said special election and proceed to canvass the certificates of votes cast at said election in the several precincts and wards in said City and enter upon its Journal of Proceedings a declaration of the result of said election upon the proposed charter amendment submitted, ana the City Clerk shall file with the Secretary of State of Colorado , two copies of said charter amendment (with the vote for and against) officially certified by him, and if said proposed charter amendment is so found to have been adopted, said City Clerk shall within ten ( 10) days following -a- the vote , publish the same in full once in the official newspaper of said City, all as provided by Section 5 of Article XX of the Constitution of Colorado and Article XX of the Charter of the City of Fort Collins If said charter amendment is found to have been adopted and publication made as above provided, then the same shall become an amendment to the Charter of the City of Fort Collins upon the filing of two certified copies thereof with the Secretary of State of Colorado , all as provided in the said Constitution and Charter of the City of Fort Collins Section 9 In the opinion of the City Council an emergency exists for the preservation of public health, peace and safety, and this ordinance shall take effect upon its passage under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimous vote of all members of the City Council, at a regular meeting held this 15th day of February, A D 1935 aTun Commissioner of Safety and Ex-Officio Mayor ATTEST City Clerk z STATE OF COLORADO , ) ss County of Larimer ) I A J ROSENOW, City Clerk of the City of Fort Collins , do hereby certify and declare that the foregoing Ordinance , consisting of nine (9) sections , was duly proposed and read at length at a regular meeting of the City Council held on the 15th day of February, A D 1935, and was duly adopted and ordered published in the Fort Collins Express- Courier, a daily newspaper and the official newspaper of the City of Fort Collins , by the unanimous vote of all members of the Council, as an emergency ordinance , in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter and on to-wit the 21st day of February, A D 1935, said Ordinance No 5 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN WITNESS Vi►=OF, I have hereunto set my hand and affixed the seal of said City, this 21st day of February, A D 1935 City Clerk