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HomeMy WebLinkAbout002 - 03/19/1927 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, APRIL 19, 1927, AND FOR THE SUB ORDIMPUTCE 110. 2 , 1927, BEMG All 31I_3G!JCY CIRDEiILTICE CALLIIIG A-M PROVIDING FOR A SPECIAL ELECTION TO BE HELD Iit 'LT_E CITY OF FORT COLLIi?S, COLO ADO , ON TUESDAY, THE IIINETE,+ tH (19th ) DAY OF APRIL, A. D. 1927, AIM FOR THE SUBLISSION TO A VOTE. OF H wU-iLI_ ED ELECTORS A CERTAIN Al.i : DLEI]T TO TIE CITY CHARTER OF TIIE CITY OF FORT COLLI ES , COLOR.00 , AND PRCVIDIi1G FOR S FORM OF SUMISSION CF TTH SA.IE. BE IT ORDAIIID BY TI= CITY COUNCIL OF THE CITY OF FORT COLTII]S: .IHFZEAS, A certain petition was on the 5th day of b.:arch, A. D. 1927, filed with the City Clerk of the City of Fort Collins, which petition i>I.__)orted to contain the dames of qualified electors of the City of Fort Collins , Colorado, in n,=ber not less than 'ten per cent of the next precedi.ig gubern .torial vote in s._:id city ; and 7If1 MS, Said petition ha.s been by the City Clerk of the City of Fort Collins presented to the City Cor.ncal of the staid city for its action thereon; and 2MEAS, The said oet .tio -, after investigation, is found to contain the names of qualified electors in number more t1-.an ten per cent of the qualified electors of the next preoedi:i, gubernatorial vote in said city ; and 751-7ME EAS, Said P et '.t ion contains the following: "STATE OF COLORADO ) Co-aaty of LLrimer ) ss. CITY OF F03T COLLIES ) PETITION I'GR C7-- `1' !Z TO CI'ir CJU-,CIL OF 2hE CITY OF FC:_i COLLIE'S, IN TIE COUiPTY OF STti'IE OF COLORADO: 71e, the undersiSaied, qualified electors of the City of Fort Colli. , in the County of Larimer aid. State of Colorado , pursuant to tle provisions of Article = of the constitution of the State of Colorado and -1- of the charter of _a City of Fort, Collins, do �iereby petition the- council of the City of Fort Collins, to submit to the qualified electors of the City of Fort Collins at a special election, which your petitioners hereby request, to be held not less than thirty nor more than sixty days from the date of the filing of this petition, the following amendment to the charter of the City of Fort Collins, and for that purpose to pass such ordinance or ordinances and to do such things and at such times as may be necessary and proper: AIZENDMENT TO THE CHARTER OF THE CITY OFFO TT U-01TII�`S BE IT ENAC,�D by the people of the City of Fort Collins, in the County of Larimer and State of Colorado, that the charter of the City of Fort Collins be and the same is hereby amended as provided herein. Paragraph 1. That to Article II of the charter of the City of Fort Collins there be and there is hereby added a section to be known and designated Section 3, as follows, to-wit: ,Section 3. The City of Fort Collins shall have the power, within or without its territorial limits, to con- struct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct and operate, waterworks, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and every- thing required therefor,, for the use of said city and the inhabitants thereof, and any such systems, plants or works or ways or any contracts in relation to or in con- nection therewith, that may exist and which said city may desire to purchase, in whole or in part, the same or any part thereof may be . )urchased by said city, which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue negotiable interest bearing bonds in any amount necessary to carry out any of said powers or purposes, payable solely out of the revenues derived by the city from the ownership and opera- tion of any public utility acquired as aforesaid, and also shall have the power to issue negotiable interest bearing bonds in any amount necessary to carry out any of said powers or purposes, payable out of the proceeds of general taxation; provided, however, that such general obligation bonds shall be issued only upon the a )proving vote of the duly qualified taxpaying electors at any special or, general election. Paragraph 2. The foregoing amendment shall be construed as a whole and receive a liberal construction to carry out the intent and purpose therein set forth. Paragraph 3. The foregoing amendment shall be voted upon by the qualified electors of the City of Fort Collins by answers to the following questions: FOR an amendment to the city charter of the City of Fort Collins by adding to Artiele II of said charter a section to be known and numbered Section 3, reading as follows: -2- i Section 3. The City of Fort Col- ins s;iall have the pa,vcr, within or without its territorial limits, to con- struat, condemn e id purchase, purcIr-se, acquir:. , lease , add to, maintain, conduct anct operate, ivatarworks, :light plants, power plants, transportation systems , heating plants, and any other public utilities or wor'_•s or Trays local in use a.nd extent , in -�rizo le or in part, crnd every- thing roquired therefor , for the ,.--se of said city and the inhabitants thereof, and aly such systems , plants, or works or ways or any contracts in relation to or in connect_on therewith, t_iat ralr exi st mad which stii d city rria-- desire to purcl7iase, in hole or in part , the same or any part thereof pray be purchased by said c _ty , which may enforce such purchase by proceecli_n s at law as in taking land for public use by right of eminent domain, and shall have the power to issue negotiable interest be zing bonds in any amount necessary to cer y out any of saido-:;:rs or purposes, payable solely out of the revenues derived Ey the city from the c-:inorship and operation of any public utility acquired as aforesaid, and also shall have the power to issue ne otiaole in- terest bearing bonds in any amount necessary to carry out any of said powers or purposes, ngyable out of the pro- ceeds of general taxation ; provided, however , t:-_at such general obligation bonds shall be issued only upon Vie aa>rovLag vote of the du%% qualified taxpaying electors at any special or general election . and AG1III-ST an amendment to the city chrter of the City of Fort Collins by addi?-g to Article II of said charter a section to be Imcan and numbered Section 3, reading as follows: Section 3. The City of Fort Collins shall have the power, within or without its territorial limits, to con- strtat, condemn acid -,urchase, purchase, acquire , lease, add to , maintain, conduct anal. operate, :raterworhs, li&It plants , power plants, transportation systems, heating plants, and any ether public utilities or woriz or ways local in use and extent , in vhole or in part , and every- thLig required therefor, for the use of said city and t In 0 inhab it ant s tip.e,e of, an d any suc h s ys to ins , plant s or works or tirays or any contracts in relation to or in connection thei°ewith, that may exist and which said city may desire to purchase , in whole or in part, the same or any part thereof may be purchased by said city , which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the pow:L to issue negotiable interest bearing bonds in any amo:,mt necessary to carry out any of saicl powers or purposes, payable solely out of the revenues derived by the city from the ounership and operation of any public ut-_lity acquired as aforesaid, and also shall have the pourer to issue ne"otiable in- terest bearing bonds in any amount necessary to carry out any of said pourers or purposes, payable out of the proceeds of general taxation ; provided, however , that such general obligation: bonds shall be issued only upon the approving vote of t:.e duly qualified taxpay ing electors at any special or general election." -3- NC7d, TII✓R ORE: Section 1. That a special election be and _the same is hereby called, as provided by law, to be held in the several precincts and wards of the City of Fort Collins , Colorado , on Tuesday the l9th day of April, A. D. 1927, at which election there shall be submitted to the qualified electors the amendment petitioned for, and herein containe3, all of Article XX of which is under and pursua_Zt to Sectiaas 4, 5 and 6 o�LJ6G-he Coiistitut ion of the State of Colorado. Section 2. The said election shall be '_geld at the following places in said precincts and wards in the City of Fort Collins, Colorado, to-writ : Precinct 1, 'Jard 1, City Hall; Precinct 19 Ward 20 Dodre Garage, 213 7. hoi:ntain Avenue ; Precinct 2, -Ward 2, Laporte Avenue School; Precinct 1, *Jar(1 3, Court House ; Precinct 2, Jard 30 St. Jolmis Evangelical Lutheran Church, corner Canyon Avenue and I,4ulberry Street; Precinct 3, ;lard 3, Washi.igton School; Precinct 1, Ward 49 FLU st Christian Church; Precinct 2, Ward 4, Bethlehem Evangelical Lutheran Church, 300 Whedbee Street ; Precinct 1, ;Tard 5, State Armory; Precinct 2, Ward 5, Lincoln School. Section 3. The polls siva.11 be opened at the hour of seven o 'clock A. M. and shall remain open continuously and be closed at seven o 'clock P. I.T. of said day . Section 4. The said election shall be held and conducted, as nearly as may be, in the maniaer prescribed by law in the case of elections for municipal officers . Each elector offering to vote at said election must be a qualified elector, and must be registered under the provisions of Sectio-ns 7636 to 7670, both incl-I ive , of the. Compiled Laws of the State of Colorado, 1921. -4- Section 5. The City Clem of the City of Fort Collins is hereby constituted supply clerk for said special election, and he is hereby authorized and empowered to purchase and furnish stationery, ballots , ballot boxes, poll books and all other supplies necessary for raid special election. Section 6. Upon the pasnaee and adoption of this ordinance the City Clerk shall publish notice and call of said special election as herein authorized, in accordance with Section 5 of Article = of the Constitution of t_)e State of Colorado. Section 7. The ballots for the said special election so to be held s_aall be uniform in size and color and shall contain printed thereon in legible type t%e said amendment , which amendment shall be No. 1, and which ballots shall be in substantially the following form: -5- SPECILL CITY EJZCTIC;_:. Fort Collies, Colorado. April 11, 19,27. He. 1. 3i1a11 -e City Charter of the City of Fort Collins be amended by adding to Article II a section to be '_Mcwn and numbered Section 3, reading as f ollows : "A 1.DL""1!T TO I= GI-M- TER OF TIE] CITY Or FORTio BE IT E ;LCTED by the peop e of the Ci y o Fort Collins , in the County of I,arimer a_ad State of Colorado , that the cliartei, of tl_e City of Fort Collins be aaid - tha same is hereby amended as provided herein. Paragraph 1. That to Article II of the charter of the Cit_- of Fort Collins there be and there is hereby added a section to be k_-�own and aocignated Section 3, as follaas, to-.-it : Section 3. The City of Fort Collins shall hale the pourer, within or without its territorial limits,. to construct , condemn and purchase , purchase, acquire, lease, add to , ria.intain, conduct and operate , waterworks , light plants, poser plants, transportation :,yam ems, heating plants , and any other public utilities or worh-s or w-, s local in use and extent, in whole or in part, and eve_ything reau-red therefor, for the use cf said city and the inhabitants thereof, and any such systems , plants, or 1,,Jorks or ways or any contracts in relation to or in con_iection therewith, tb.at may exist and r'nieh said city may desirb to purchase, in wh,. le or in -Dart, the same or any part thereof may be purchased by said citl* , which may enforce such purchase by proceedings at law as in taking .land for public use by right of eminent domain, _:_id si-.'ll have the )o•:acr to issue negotiable interest bearing bonds in any amount necessary to carry cut any of said powers or purposes, payable solely out of the revenues derived by the city from the ownership and operation of any public utility acquired as aforesaid, aid also shall ''ave the poorer to issue ri,.. otiable interest bearir, bonds in any amouht necessary to carry out any of said ;aowe s or purposes, payable out of the proceeds of general w.xation ; provided, how- ever, that such general obligation bonds shall be issued only upon the ap_Droving vote of V,e duly qualified taxpaying ;lectors at any special or gene--al election. Paragraph 2• T'le for e.-oing ameLdment s'<all b e c or<btrued as a whole and receive a liberal construction to carry o,.:t t' e intent and purposes therein set forth. 'T T Jotei°s d.esir`.ng to -vo tc 'e_• the smendnent sikil1 marls a cross X in ink in the blar.�r space to tl-e r_ '_ c a:d ol?-osite the words cxpressing their choice ; voters desiring to vote ugai st the abaa e amend- ment s',-all ma_k a cross X in in=. in ti_e blank space to the right and opposite t`e ;cords expressiLle heir choice . If 3Tou tiro.igly mark, tear or deface this ballot , return it to the JtLd,�es of Election and cr'btain another. —6— Sectio_2 B. The City Cle:_:t :iiall male publication zmd give such notice a.-:id do all acts and things in such manner and form and at such times as are prescribed by the applicable provisions of the constitution and laves of the Stale of Colorado , and by tho c `. .;rter of the City of Port Colli.is. The ballots cast at said election si_all be canvassed and the reeults ac:certa.ined, dete_�.,i:,.ed aid certified lii accordance with the require,.Ienta of -c a_11�licable , r_ vis j-ons o f t' e cono' it-at icn and latias of the State of Colorado, aixl tl_e cl arter of the Cit;r of Port Collins. Section 9. In the opinion of the Cit-7 Co-mic it an emergency e..ists for the preservation of the public health, peace and safety, -nd this ordinance s'_all take effect upon its passage and publication under a nd by virtue of the aut'iority co-_it--ined Jr Sections 5 and 7 of Article IV of the City Chaster. Introduced, rea�d at length Gild adopted by tho -amnimous vote of all the meribers of t':e City Council t_ds 1-t1. dad* of Larch, A. D. 1927 . 'o _: esicmer of '�ieUy Mayor -7- STA`_Z C:F COLO cADO ) SS. CGLiITY 'F 1A_cI.=R j I, A. J. OSELdGil, City Cle_k of the City of Dort Collins , do hereby certify and declare that the fore oi'_g cr(Ln nce , consisting of nine (9) soctions was duly proposed a'_lcl read at length at a re.,-_1ar meeti'�; of t_:8 City CouDa it held on the 19th day of I.�ixch, A. D. 19270 mid :sas duly adopted and ordered nubli_slied in the Fort Collins Express-Courier, a dai:y newspa j)er and the offic al .newspa-per of the City of Fort Collies , by the unanimous vote of all members of the Council as an emergency ord.Llanco, in accordance with the provis _ ns of Sectimis G and 7 of Article IV of the Cite Charter; a_1d thereafter, on to-v:it: the 254Pday of March, A. D. 1927, said Ordinance, 10. 7" was published in the Fort Collins E:_press-Cu:,rier, a daily. nevispaper publisled in the City of -brt Collins, Colorado . IR MTEESS ':UEREOF, I have ' -ereunto set my hand an:1 aff:.xed the seal of said City , t'•is 2O a^.; of I.:arch, A. D. 1927. i