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HomeMy WebLinkAbout001 - 03/20/1931 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 21, 1931, FOR THE SUBMISSI ORDINANCE NO. 1, 1931 BEING AN EMERGENCY ORDINANCE CALLING AliD PRO'TIDING FOR A SPECIAL ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE 21ST DAY OF APRIL, A. D. 1931, FOR THE SUBMISSION TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF FORT COLLINS FOR ADOPTION OR REJECTION, A PROPOSED INITIATED ORDINANCE, BEING AN, ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 13 OF 1927, WHICH ORDINANCE AMENDED SECTION 2 OF ORDINANCE NO. 10 OF 1905 , BEING AN ORDINANCE IN RELATION TO THE OBSERVANCE OF SUNDAY. WHEREAS, a petition has heretofore on March 5, 1931, been filed with the City Clerk under and by virtue of Article XV of the. Charter of the City of Fort Collins, requesting the City council to adopt an Ordinance amending Section 2 of Ordinance No. 13 of 1927, being an ordinance amending Section 2 of Ordinance No. 10 of 19050 the latter being an ordinance in relation to the obser- vance of Sunday, so as to permit on said day the operation of swimming pools, tennis courts, golf and croquet grounds and similar places of recreation, concerts and similar musical entertainment and theatres and motion picture shows between the hours of 1:00 P. M. and 11:30 P. M. ; and WHEREAS, pursuant to the said Charter of the City of Fort Collins, the City Clerk made a careful check of said petition and filed his certificate on March 10, 1931, finding that said petition was signed by twelve hundred ninety-two (1292) qualified electors of the said City, the same being more than twenty-five per centum of all the votes cast in the said City for Governor of the State of Colorado at the general election held November 4th, 19309 which total vote was certified by the County Clerk of Larimer County as forty-two hundred forty-six (4246) ; and WHEREAS, on March 13, 1931, the certificate and report of the said City Clerk was transmitted to the City Council; and -1- WHEREAS, after due consideration on the 20th day of March, 1931, of said petition, together with the report and certificate of the said City Clerk thereon, the Council deemed it advisable to submit said proposed initiated ordinance 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 herebv 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, which said election shall be called to be held in all wards and voting precincts of the said City, on the 21st day of April, 1931 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 initiated ordinance, amending Section 2 of Ordinance No 13 of 1927, being an ordinance amending Section 2 of Orainance No. 10 of 1905, the latter being an ordinance in relation to the observance of Sunday, and is in words and figures as follows , to-wit BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Section 1. That Section 2 of Ordinance No. 13 of 1927 being an ordinance amending Section 2 of Ordinance No. 10 of 1905, being an ordinance in relation to the observance of Sunday be, and the same is hereby amended to read as follows- -z- "Section 2 It shall be unlawful for any person or persons, on said day, Sundav, to keep open any public billiard hall, pool room, bowling alley, or other public place of recreation or amusement, excepting museums, art exhibitions, libraries, swimming pools, tennis courts, golf and croquet grounds and similar place of re- creation, concerts and similar musical entertainments, and excepting further theatres and motion picture shows, which shall be permitted between the hours of 1 00 P PQ and 11 30 P 14 " 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 following proposed ordinance shall place a cross (X) mark in the space opposite the words "For the Ordinance " A voter wishing to vo-te against the adoption of the following proposed ordinance shall place a cross (X) mark in the space opposite the words "Against the Ordinance " If you wrongly mark, tear or deface this ballot , return it to the Judge of Election and obtain another. People's Ordinance No. 2, x being an initiated ordinance, For the amending Section 2 of Ordinance Ordinance No. 13 of 1927, which Ordinance amended Section 2 of Ordinance No. 10 of 1905, being an Ordinance in Against the relation to the observance of Sunday Ordinance The proposed Ordinance upon which you are voting amends Section 2 of the former Ordinance, so as to read "Section 2 It shall be unlawful for any person or persons, on said day, Sunday, to keep open any public billiard hall, pool room, bowling alley, or other public place of recreation or amusement, excepting museums, art exhibitions, libraries, swimming pools, tennis courts, golf and croquet grounds and similar places of recreation, concerts and similar musical entertainments, and excepting further theatres and motion picture shows, which shall be permitted between the hours of 1 00 P M and 11 30 P P4 " -3- Section 3 Said special election shall be held in the following precincts and wards in said City at the following places, to-wit Precinct 11 Ward 19 City Hall Precinct 1, Ward 29 Dodge Garage, 218 W Mountain Avenue Precinct 21 Ward 29 LaPorte Avenue School Precinct 19 Ward 3, Court House Precinct 22 Ward 31 Junior High School Precinct 39 Ward 3, Washington School. Precinct 19 Ward 49 First Christian Church Precinct 21 Ward 49 Bethlehem Evangelical Lutheran Church, 300 Whedbee Street Precinct 19 Ward 59 State Armory Precinct 2, Ward 59 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 steal 1 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 Charter in a general election of City officers so far as the same are applicable in the conduct of this special election. Section 6. The said special election shall be held and conductea as provided by the laws of the State of -4- 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 registration 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 8th to the 17th, both inclusive, of April, 1931, provided nothing herein shall limit or abridge the right of the citizens of Fort Collins to register at otner 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 Lar?mer County, Colorado, on the 17th of April, 1931. 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 Section 8. The City Council shall meet -on the 3rd 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 Sournal of!®proceedings a declaration of the result of said election upon the proposed initiated ozdinance submitted, and if said proposed initiated ordinance is so found to have been adopted, then the sane shall become an ordinance of the City of Fort Collins as provided by the said City Charter. -5- Section 9. In the opinion of the City Council an emergency exists for the preservation of public health, peace and safety, and zhlis 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 ana adopted by the unanimous vote of all members of the City Council at a regular adjourned meeting held this 20th day of March, A D 1931. ATTEST ",W�� h Commissioner of Safety and -bx-Officio Mayor City Clerk. STATE OF COLORADO ) ss County of Larimer ) I, A I ROSE1dOvl, City Clerk of the City of Fort Collins, do hereoy certify and declare that the fore- Coin& ordinance, consisting of nine (9 ) sections was duly pro- adjourned posed and read at length at a regular/meeting of the City Council held on the 20th day of March, A D 1931, 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 ther6after and on to-wit the 24th day of March A D 1931, said Ordinance No. 1 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 24th day of March, A D 1931. City Clerk