Loading...
HomeMy WebLinkAbout008 - 08/12/1932 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON MONDAY, SEPTEMBER 12, 1932, FOR THE SUBMI ORDINANCE NO 8 , 1932 BEING AN EMERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON MONDAY, THE 12TH DAY OF SEPTMff3ER A D 1932 , FOR THE SUB- I?ISSION TO A VOTE OF THE QUALIFIED ELECTORS OF TIIE CITY OF FORT COLLINS FOR ADOPTION OR RETECTION A PROPOSED A ENDIMT TO ARTICLE XVIII OF THE CITY CHARTER OF THE CITY OF FORT COLLINS, BEING DESIGNATED AS SECTION 24 CONCERNING ACQUIRING A IJJNICIPAL ELECTRIC LIGHT AND POSTER SYSTEM AND THE ISSUANCE IN FULL PA7nTaTT THEREFOR OF A TICIPAL LIGHT ALD POWER INTEREST BEARING REVENUE BONDS IN AN AMOUNT NOT ETCEEDING THE PRINCIPAL SUM OF $7451000 00 WHEREAS, a petition nas heretofore, on August 9th, 1932, 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 VVIII of the Charter of the City of Fort Collins, the same being designated as Section 24 con- cerning acouiring a municipal electric light and power system and the issuance in full payment therefor of municipal electric light and power interest bearing revenue bonds in an amount not exceed- ing the principal sum of $7451000 00# and ` BEREAS, the City Cleric has caused a careful check of said petition to be made and filed his certificate on August 12, 1932, finding that said petition was signed by more than 425 qualified electors of the said City, the same being more tnan 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 4, 1930, which total vote vas certified by the County Clerk of Larimer County as 4246 and -1- WHEREAS. on August 12, 1932, 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 12th day of August, 1932, 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 COLL7TS Section 1 That the Commissioner of Safety and Ex- Officio Mayor and the City Clerk ale hereby authorized and directed to call a special election of the qu�lified electors of the City of Fort Collins, pursuant to authority contained in Section 3 of Article XV of the Charter of the Citv of Fort Collins and also pursuant to Article XK 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 12th day of September, A D 1932, as provided by lava, 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 in relation to acquiring a municipal electric light and power system and the issuance in full payment therefor of municipal electric light and power interest bearing revenue bonds in an amount not exceeding the principal sum of $745,000 00, and is in words and figures as follows, to-wit AMENDMENT TO TIE CHARTER OF THE CITY OF FORT COLLINS BE IT ENACTED by the people of the City of Fort Collins, in the County of Larimer and State of Colorado ,that the -2- charter of the City of Fort Collins be and the same is hereby amended as provided herein Paragraph 1. That to Article XTIII of the charter of the City of Fort Collins there be and there is hereby added a section to be known and designated Section 24, as follows, to-wit Section 24 Municipal Electric Light and Power System The City Council shall hare the right and without other or further preliminaries, it shall be tre duty of the City Council forthwith to acquire, by any lawful means a municipal electric light and power system, consisting of a generating plant and dis- tribution system with all necessary appurtenapces, and to issue in full payment therefor municipal electric light and power interest bearing revenue bonds in an amount not e-cceeding the principal sum of �745,000 00 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 citzi, exceot 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 hate 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 Any and all 1m_its of the city charter and all lags in conflict herewith are hereby repealed Paragraph 2 The foregoing amendment shall be construed as a whole and receive a liberal construction to carry out the requirements, intent and purpose therein set forth Paragraph 3 The foregoing amendment shall be voted upon by the qualified electors of zhe City of Fort Collins -3- in accordance with the provisions of Article XX of the constitution of the State of Colorado and the chaster of seta city Section 2 The ?orm 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 charter amendment shall place a cross (X) mar? in the space opposite the words "For the Amendment t' A voter wishi.n.b to vote against the adoption of the following proposed charter amendment shall place a cross (X) mark in the space opposite the words "Against the Amendment 'T If you wrongly mark, tear oL deface this ballot, reuurn it to the Judge of Election and obtain another Amendment to Article XVIII of the Charter of the City of Foit Collins, adding there- For the to Section 24 concerning acquiring a Amendment municipal electric light and power system and the issuance in full payment uherefor " of0municipal electric light and power Against the interest bearing revenue bonds in an Amendment amount not exceeding tihe principal sum of $7459000 00 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 1, City Hall Precinct 12 Ward 22 Dodge Garage, 218 W Mountain Avenue Precinct 2, Ward 2, LaPorte Avenue Scl-lool, Precinct 1, Ward 3 Court House, Precinct 22 Ward 3, Junior High School Precinct 32 Ward 3, Washington School, Precinct 11 Ward 41 First Christian Church, Precinct 21 Ward 4, Bethlehem Evangelical Lutheran Church 300 Whedbee Street Precinct 13, Ward 53 State , rmory, Precinct 21 Ward 5 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 bj law and the City Charter to conduct said election in saia 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 -4- 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 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 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 snall extend at least from the 24th day of August to the 6th day of September, 1932, 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 6th day of September, 1932 Section 7 The Tudges 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 -5- Section 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, and 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 pro-nosed charter amendment is so sound to have been adopted, said City Clerk shall within ten (10) days following 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 KK 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 12th day of August, A D 1932 Commissioner of Safety and Ex-Officio Attest Mayor City Clerk STATE OF COLORADO ) ss Count j of Lar ime r ) I , A J ROSEDTO !, City Clerb of the City of Fort Collins, do hereby certiiy and declare that the fore- going Ordinance, consisting of nine (9) sections was duly proposed and read at length at a regular meetin^ of the City Council held on the 12th day of August , A D 1932y 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 17th day of August , A D 19329 said ordinance No 8 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins , Colorado DT WITNESS WIEiREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of August , A D 1932 City Clerk