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HomeMy WebLinkAbout005 - 02/25/1926 - CALLING AND PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH, 23, 1926, AND FOR THE SUB ORDINANCE I'D. -1r, 1926, BEING AN EMERGENCY ORDINANCE CALLING AND PROVIDING FOR A SPECIAL ELECTION TO IE HELD IN THE CITY OF FORT COLLINS, COLORADO, ON TUESDAY, THE T MTY--THIRD (23rd) DAY OF MARCH, A. D. 1926, AND MR THT SUBMISSION TO A VQ 7 OF TIP; QUALIFIED ^LTCTO.P.S CERTAIN MEASURES AND i 1/ENTS TO TILE CITY CF.APTER OF TRT CITY OF FORT COLLINP, COLORADO, AND PROVIDING FOR TRT FORM OF -MTAIBPION OF TILT SAME, AND , AMENDING SECTIO7 7, OF ORDINANCE N0. 4, SERIES OF 1926. BE IT ORDAINED BY TIP CITY COU'MIL OF TIM CITY OF FORT COLLINS: MERTnS, Certain petitions, numbered from 1 to 7 inclusive, were on the 20th day .of February, A. D. 1926, filed with the City Clark of the City of Fort Collins, each of said petition@ purporting to contain the names of qualified electors of the City of Fort Collins, Colorado, in number not less than tan per cent of the next preceding gubernatorial vote in said city; and TAIEREAS, Said petitions have been by the City Clerk of the City of Fort Collins pr:sentsd to the City Council of the said city for its action thereon; and FkPMAS, Each of said petitions, after investigation, are found to contain the names of qualified electors in nacbar more than ten per cant of the qualified electors of the next preceding gubernatorial vote in said city;; and WHEREAS, Each of said seven petitions contain the following: "PETITION FOR CALLING SPECIAL ELFCTIO"T. TO TFP HONORABLE CITY COUNCIL OF III ' CITY OF FORT COLL17.1, COLORADO: We, the undersigned constituting qualified alactors of the City of Fort Collins, Colorado, in number not less than 10% of t1a next prec+ding gubernatorial vote in said city, hereby respectfully request the calling of a special election in said city for the submission to vote of the qualified electors of said city the following amendment to the city charter of said city, to-wit: " and said petitions also contain the matters and things hereinafter envmarated; and MMREAS, Petition I contains the following: nAp..�FND".ScIdT That the City Charter of the City of Fort Collins be amended as follows: That Article III, Section 1 thereof read as follows: ARTICLE III. Elective Offio-=rs Section 1. The elective officers of the City under this Charter shall be seven Commissioners, all of whom shall be no dnated and elected at large by the gaalified electors of the City. That Article III, Section 4 real as follows: Section 4. The tam of Commissioners shall be four years, subject to recall by the voters of the City, as hereinafter provided by this Charter. -1- That Article III, Section 5 be repealed. That Article III, SactionJraad as follows: Section 6. All powers of the City shall, except as otherwise .-rovidad in this Charter, be vested in its alactiva officsra. That Article IV, Section 1 road as follows: ARTICLE IV. The Council. Section 1. The Council shall ocnsist of the seven Commissioners. It shall be the judge of the slection and qualification. of its own members; shall determine its om rules of procedure; may punish its mambers for disorderly conduct and may compal the attendance of mambars. That Article IV, Section 2 read as follows: Section 2. The Mayor who shall be elected from its number by the Council shall preside at all meatings; shall vote upon all questions, but shall have no veto and by order of the Council shall sign the journal of its proceedings, add all bonds, coupons and other instruments requiring the assent of the City, axcept as hereinafter or by ordinance provided. Ha shall have power to remit fines, penalties, forfeitur3s and imprisonments imposed for the violation of any prvision of this Charter or any ordinance, and shall report such ramissicne in writing to the next regular meeting of the Council with his reasons therefor. That Article IV, Section 4 read as follows: Section 4. The Council shall prescribe the tin3 and place of its meatings and the manner in %hich special meetings thereof shall be called, That Article IV, Section 5 read as follows: Section 5. The City Clerk shall be the clerk of the Council and shall, with the Mayor sign and attest all ordinances and reso3: tions. Four members shall constitute a quorum to do business, and the Council shall sit with open doors at all legislative sessions, and shall keep a Itournal of all its proceedings %w-Ach shall be a public record. That there be added to Article '1V, Sections numbered 11 and 12 to read as follows: -2- Secti;,n 11. Specific duties of Council: The Council shall choose and appoint a City Manager, a City Attorney, a Municipal Judge, and an Auditor for such independent audits as are in this Charter required or authorized to be made by order of the Council, and such advisory boards or commissions as may�bs dasired or are elsewhere provided for by this Charter; but no member of the Council shall act or be chosen as Manager. The Council shall cause to be made at least annually, and at such other times as it may deem necessary, an audit of all financial accounts of the City. Section 12, Powers expressly =adthhald from Council: The Council shall deal with the administrative service solely and directly through the City Manager, and neither the Council, its members, nor committees shall either dictate the appointment or direct or interfere with the work of any officer or employee under the City Manager. Any such dictation, attempted direction, or interference on the part of any member of the Council shall be deemed a misdemeanor, and any nmmber of the Council convicted of srch acts may be removed from office. AETICLE V. That Sections numbered 1 to 7 inclusive of Article V be repealed and said Article V read as follows: ARTICLF, V. Exac�.tive and Administrativa Department. The City Manager. Section 2. The City Manager - Qualifications and Appointment: The City Manager shall be the chief executive and administrative officer of the City. As such, he shall possess, have and axercise all the executive and administrative powers tested in the City. Fie shall be chosen by the Council solely on the basis of his axecutiva and administrative qualifio^tior.s. The choisa need not be limited to the inhabitants of the City or State. The City Manager' s salary shall be fixed by the Council; and he shall be raonired to give a bond, for the faithful performance of the duties of his office, in such amount as the Council may determine. He shall be appointed for an indafinita period, and shall be removable by the Council at pleasure. If removed at any tine after six months of service, he may demand written charges and a public hearing on the s=me before the Council, and the sc=_me shall be given him -3- prior to the data on which his final removal shall take effect. Pending such hearing, the Council may suspend him from office; and during such suspension, or in case of his absence or disability from any other cause, the Council shall deignate some properly qualified person, other than a member of the Council, to perform the duties of the office. Section 2. Special powers and duties of City Manager: The City Manager shall have tha special powers and duties har,�inafter enumerated, and shall be directly responsible to the Council for the proper administration thereof, to-with (a) To sea that all laws and ordinances governing the City are enforced. (b) To appoint and remove at pleasure, except as otha rise in this Charter provided: The city clirk, who shall be exrofficio city treasurer, the city engineer, the chief of police, the chief of the firs department, and all other employees cf the cite, all of whom shall be subject to the direction of the City ".Manager; such appointments and removals to be made upon the basis of merit and fitness alone, including proper subordination. (a) To exercise control and supervision over all departments of the City, except as otherwise in this Charter provided. (d) To make a -onthly report to the Council, and to attend all meetings of the Council with the right to take full part in the discussion, but having no vote. (a) To recommend to the Council for adoption such measures as he may deem necessary or expedient. (f) To keep the Council fully advised as to the financial condition of the City. (g) To see that all f-anchise rights and provisions are justly anforc3d. (h) To prepare and submit to the Council an annual budget as by this Charter required. (i) To submit to the Council at each misting thereof an order of business cov3ring his recommendations. (J) To perform such other duties as may be prescribed by this Charter, or required of him by ordinance or resolution of the Council. That Article VI be repealed. -4- That article VII, Section 1 read as follows: ARTICLE VII . City Clerk Sactibn 1. The City Clerk shall keep a record of the Co nail proceedings, in which shall appear a record of a;l ordinances, resolutions and motions of the Council, all the expenditures by the City, and all warrants ordered drawn showing the amount and purpose of each, and to whom payable, and all lieansss ordered issued by the City and all appointments and confirmations made, and of al; fines, penalties, and forfeitures remitted. He shall be the custodian of and keep all the Council records, files and books. He shall attend to the posting and publishing within the time required, of all notices, ordinances, statements, and other publicaticns required by this Charter or by ordinance or resolution of the Council. He shall be ex-officio City Treasurer. He shall , under the direction and subject to the approval of the City Manager, present to the Council all pay rolls, bills and claims of and againat the City, draw and issue all licenses and shall attest and affix the seal of the City to all warrants, bonds, coupons, contracts, licenses and other instruments requiring the assent of the City. He shall perform all such other duties not inconsistent wdth this Charter, as may be r-equirad by him by diracticn of the City Manager. That Article IX be r::paalod. That Article X, Section 1 read as follows: ARTICLE X. Salaries . Section 1. Me Commiesioners shall each be paid a salary of $$10.00 per month. That Article X, Section 2 read as follows: Section 2. The Council may fix the salaries of all officers and employees of the City whose salaries are not fixed by this Charter, and it may r-quire any officer or employee to give bond in such amount, as it shall direct, and may provide for payment of premium thereon by the City. That Article X, Sections 3 to 5 inclusive be r-pealed. That Article XII be rapaaled. That Articls XIV, Section 1 read as follows: -5- ARTICLE XI9. Elections .and Nominations. Section 1. Elections: A City election shall be held on Tuesday, May lath, 1926, under the provilicn of this amendn49nt, for the elacticn of seven Conncissior rs as hereinafter provided. The Commissioners so elected shall take office as soon as they can C,ualify after election. The a>ven Commissioners found to be elected shall hold office as follows: The four receiving the hiphas* vote shall hold office until the first Tuesday after the second Monday in April, 1930 at 1C:CC A. M. ; the remaining Commissioners so elected. shall 'hold office until the first Tuesday after the second bIonday in April, 1928; or until their succassors qualify according to law. A general election shall be held on the first Tuesday after the first Monday in April, 1928, and biennially thereafter, bv.t no general City election shall be held. on the first Tuesday after the first Monday in April, 1926. That Article XIX, Section 2 read as follows: ARTICLE XIX. Finance. Section 2. Public "Toney.. The City Clerk shall, under the pover and control of the City Council, have the direct management of the revenues of the City, axcept as otherwise provided by this Charter, or by ordinance . Ne shall be ax-officic City Treasurer with the usual duties and ios+9rs of that office. That Article XIX, Section 9 read as follows: Section 9. Annual Gram ral City Estimates. On or bufcre the third Monday in October each year, or on such date as shall be fixed by the Council, the City Manager shall submit to the Council an estimate of the probable ex enliture of the City government for tba next ensuing fiscal year, stating the amount required to melt the interest and maturing bonds of the outstanding indebtedness of the City, and the warrants of all the departments of the municipal government in detail, and showing spacifically the amount necessary to be Isovided for each fund and department; also an esthete of the amount of income from fines, licensas, rater r9nts, and all other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation to defray all eppenses and liabilities of the City. .There shall be included in this estimate a sum not to exceed Six Hundred Dollars ($600.00) to be known as the publicity fund of the City of Fort Collins, vhich sail sum shall be used at tha discretion of the Coa"'issionars for the bast interests of the City of Fort Collins, for the usual advertising purposes, and no part of said sum shall be paid out of said fund without the aj*rove.1 of the antire Board of Commission,3rs. That Article XX, Section 6 read as follows: ARTICLF XX. General Provisions , Section 6. First Election. The form of govarnmant existing in Fort Collins at the time this charter amendment takes affect and the officers acting theraunder shall continue until the fourth Monday of May A. D. 1926 at noon, except as to the calling an? holding of the first election of officers. Said election shall be as provided in this charter amendment. The City Clerk shall call said election and shall provide for the ragistration therefor. In case there is not sufficient funds avilable to rest the axpanses of the registration of voters and holding of said election the present 1aa +cr and City Council shall provide for issuing special warrants for such expanses and the proper officers shall issue acre. The payment of such warrants shall be provided for by the Council in the annual sp-rr:priaticn for 1927. That Article XX, Section 7 read as follows: Section 7. Oath of Office. F.ach Commissioner, the City Manager, the City Clark, the City Attorney, the City Enginer, and the Judge of tha municipal ccurff, b-.fore antaring upon the duties of his office or employment, shall take, subscribe and file with the City Clark the following oath or affirmation: I do solamnly sear (or affirm) that I will support the Constitution and Laws of the United States and of the State of Colorado and the Charter and Ordinances of Fort Collins; and that I will perform tha duties of my office or employment, and to the bast of my knowledge and ability, maintain an afficiant service in the City, free from partisan distinction and control, so help me God. That there be added to Article XX, Sections numbered 8, 9 and 10 to read as follows: -7- Section B. Termination of: offices of Commissioners. The several offices known and designated as Commissicner of Public Safety and Health, Commissioner of Highways, Public !Corks and Utilities and Commissioner of Finance and Sppplies, shall be abolished and cease to exist at noon on May 24th, 1926; and the office and position and term of any and all such commissicn>rs are hereby abolished at noon on the 24th day of May, 1926, and no salaries or compensation shall be paid to or be received by such commissioners after such date. All powers and duties heretofore conferred or imposed upon said conmissicners or upon the mayor are hereby conferred and imposed upon the City Manager, except such as are by this charter, as hereby amended, specifically conferred or imposed upon the Council or other officers, employees or departments of the City. Secticn 9. Powers and Duties. The Council taking office '.'ay 24, 1926, shall have the ycwer and it shall be its duty to pass such special appropriation ordinance as may be necessary to pay the salary of the City Manager and other officers and employees for the year 1926 ; and the warrants for the payment of such salaries, after being duly allowed and audited, may be drawn against such appropriatic , and the amount so required for the payment of such warrants, or so much thereof as may be necessary, shall be payable o,:t of any available moneys not otherwise ap_ropriated, or, failing such moneys, th; warrants shall be registered and payable out of the revenue for the next ensuing fiscal year. Section 10. Liberal Construction. This measure or charter amendment shall be construed as a wd:ole and receive a liberal construction to carry out the intent and purposes herein set forth, and any and all parts of the charter in conflict herewith are hereby repealed, and the remaining sections or portions of sections of said charter shall be so construed as to harmonize with the provisions of this measure or amendment. e And l^hET7AS, Petition . 11 contains the folleiving; "AMENDMENT That the city charter of the city of Fort Collins be amended by addir. thereto the following; BONDS. No bonds other than refunding bonds stall be issued, uni.ss t _g_ question of issuing bonds shall in each case be first submitted to a vote of such qualified electors of the city as shall have paid a property tax therein in the year neat preceding the date of such election, and that the majority of those voting upon the question by ballot shall vote in favor of issuing such bonds. ELECTION. The election for voting upon bonds shall be called and cogducted as is provided by the statutes of Colorado relating to such elections in cities of the second class." And METAS, Petition .IIS " contains_the following-: "Aii MM M. That Section 13 of Article MIX of the charter of the City of Port Collins be amended by adding thereto the following: Definitions of Words in said Section. The words casuality, accident and unforeseen contingency as used in this section are hereby defined as follows: Casualty, accident and unforeseen contingency are construed to mean any Act of God, inevitable accident, flood, fire, epidemic and eatastrophs sari^usly affecting the city or a large number of its inhabitants,mr a final court judgment against the city." And VMMAS, Petition IV . Wntains, ,the following:, "AMENDMENT . ThAt Section 12 of Article XIX be amended by adding thereto the following: Maximum Mill Levy. That the mill levy, in this section referred to, shall not exceed 15 mills on each dollar of the assessed valuation of taxable property within the City for all purposes." And VPmEAS, Petition V. contedne niv follow3.ng:; "AMTNDMENT. That Section 5 of Article XP of said charter be emended to read as follows: -9- � � xb�xxae Section 5. THE REFERENDUM. The referendum Shall apply to all ordinances passed by the council, except ordinances ordering elections making the tax levy, the annual appropriation, or ordering improvements initiated by petition and to be paid for by special as .essmants. If at any time within thirty days after the final passage of any ordin nes to mbich the referendum is applicable, a petition signed by qualified electors equal in number to at least fifteen per centum of the total vote oast for governor at the last general election, be presented to the council, protesting against the going into effect of any ordinance, the same shall thereupon be suspended, and the council shall reconsider such ordinance. If the same be not entirely repealed, it shall be submitted to a vote of the qualified electors of the city, in the manner a s provided in respect to .the initiative, at the next general city election or at a special election called therefor. Such ordinance shall then go into effect if a vo to majority of the qualified electors voting thereon/in favor thsr=.of, •vithcut further publication." And WMREes, Petition .11 cantokins- tho following: ` "AMT'N1�EAT!' That the city charter of the City of Fort Collins be amended by adding thereto the following: Relating to Petitions for Paving, Curbing and Gutters. The council shall not authorize by ordinanc= or otherwiez, the construction of any paving, curbing or gutter in any streets or alleys of the city at the expense of any such improvament district property onnsrs, unless a petition sinned by the owners of at least 51,% of the property fronting upon such street or alley to be so improved shall be first filed requesting the same. Any ordinance or part thereof in conflict herewith is hereby repealed." And WnRgAs, Petition . VII contains the €ollowing- "APf1EN mmm That the city charter of the city of Fort Collins be amended by adding -10- thereto the following: Relating to Sidewalks Where sidewalks have been constructed and exist outside the fire limits of the city and the council or other authorized body of officers or amployees shall hereafter order any such sidewalk changed as to material, aligment, grade or width, the expense caused in complyiaj.,lsith 6hAik:ordsr shall be borne by the city, unless such change is petitioned for by a majority of the abutting property owners in such block for a uniform sidewalk along such bloc%i provided, however, that any such sidewalk constructed and existing as first hersinabove mentioned may be required by the council or other authorized body, officer or amployee to be repaired of defects therein at the expense of the owner without ordering change of grade, alignment, materials or width. Any ordinance or part tberaof in conflict herewith is hereby repealed." NOW, TFEIEFOMT, Section 1. That a special election be and the sane is hereby called, as provided by law, and held in the several precincts and wards of the City of Fort Collins, Colorado, on Tuesday the 23rd day of March, A. D. 1926, at which election there shall be submitted to the qualified electors the amdndments petitioned for, and herein contained, all of which is under and pursuant to Sections 4, 5 and 6 of 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 and wards in the City of Fort Collins, Colorado, to-wit: Precinct 1, Ward 1, City Hall; Precinct 10 Ward 2, Dodge Garage, 218 W. Mountain Avenue; Precinct 2, Ward 2, Laporte Avenue School; Precinct 1, Ward 3, Court House; Precinct 2, Ward 3, St. John' s Evangelical Lutheran Church, corner Canyon Avenue and Mulberry Street; Precinct 3, Ward 3, Washington School; Precinct 10 Ward 4, First Christian Church; Precinct 2, Ward 4, Bethlehem Evangelical Lutheran Church, ,300 Whedbee Street; Precinct 11 herd 5, State Armory; Precinct 2, Vhrd 5, Lincoln School. -11- Section 3. The polls shall be opened at the hour of seven o'clock A. M. and shall remain open continuously and b> closed at seven o'clock P. IVI. of said day. Section 4. The said election shall be held and conducted, as nearly as may ba, in the manner prescribed by law in the case of elections for municipal officers. F,ach elector offering to vote at said election must be a qualified elector, and must be registerad under the provisions of Sect'.ons 7635 to 7670, both incl-esive, of the Compiled Laws of the State of Colorado, 1921. Section 5. The City Clerk of the City of Fort Collins is hereby constituted supply clark for said special election, and he is hereby authorized and empowarad to purchase and furnish stationery, ballots, ballot boxes, poll books and all ether supplies necessary for said special election. Section 6. Upon the passage and adoption of this ordinance the City Clerk shall publish notice and call of said special election as r-,rein authorized, in accordance with Section 5 of Article XX of the Constitution of the State of Colorado. Section 7. The election hereby called under this ordinance shall be held in conjunction with the election heretofore called by Ordinance No. 4, whether Series of 1926 of the City of Fort Collins, and all of said measures or amandmints_f called for an election under this ordinance or under Ordinance No. 4, Series of 1926, shall be placed upon the same ballot, which ballots shall be uniform in size and color and shall contain printed thereon in legible type each proposal or amendment, and all of said measures on the ballot shall be numb,red cons-vtively in the order in which they were filed, together with their respectiva numbers prafixed in bold-faced type, which ballots shall be arranged substantially as follows: -12- � r ' SPTCIAL CITY =77TIOV Fort Collins,Coloralo March 23, 1926. INST-TZUCTIT, S TO VOTERS. Voters desiring to vote for any of the following measures or amendments shall mark a cross X in ink in the blank space to the right and oprosite thA word "Yes$" voters desiring to vote against any of the following measures or amendments shall mark a cross X in the blank space to the right and o;rposite the word "No." If you wrongly mark, tear or deface this ballot, return it to the Judges of Election and obtain another. No. 1. Shall a Charter Convention be oa.11sd to adopt a New Charter Yes for the City of Fort Collins? No. i NO. 2. Shall the City of Fort Collins adopt what is known as the Manager form of Government by adding to its present Charter Sections eleven (11), and twelve (12) of Article four (IV) , Sections one (1) and two (2) of i I Article five (S) and Sections eight (8), nine (9) and j i tan (10) of Article twenty (XX) ; and by amending Sections i one (1), four (4) and six (6) of Article three (III) ; -� Yes Sections one (1), two (2), four (4) and five (5) of ---- No Article four (IV) ; Section one (1) of Article seven (VII) ; Sections one (1) and two (2) of Article ten (X) ; Section i one (1) of Article fourteen (XIV) ; Sections two (2) , and nine (9) of Article nineteen (XIX) ; Sections six (6) and seven (7) of Article twenty (XX) of the present Charter; and by repealing Section five (5) of Article three (III), t Sections ono (1) to seven (7) inclusive of Article five (V), all of Article six (VI), all of Article nine (IX), Sections three (3) to five (5) inclusive of Article ten { (X) , and all of Article twelve (XII), of the pr,39ant Charter of the City of Fort Collins, Colorado. + a]3 No. 3. Shall the city charter of the City of Fort Col'. ins be amend d by adding tner-to the following: BONDS. No bonds other than rsfundin$ bonds shall be issued unless the question of issuing bonds shall in each case b first submitted to a vote of such cgaalified electors of the city as shall have paid a property tax therein in the Yes year next preceding the date of such election, and that NO the majority ,of those voting upon the question by ballot shall vote in favor of issuing such bonds. ELECTION. The election for voting upon bonds shall be called and conducted as is provided by the statutes of Colorado relating to such elections in cities of the i second class* ff 7 No. 4• Shall Sectio,i 13 cf Article of the charter of the City } r of Fort Collins be amendsd by adding thereto the I following: D finitions of Words in said Section. The words easuality, accident and unforeseen contingency Yes as used in this section are hereby defined as follows: No Casualty, accident and unforeseen contingency are construes to mean any act of God, inevitable accident, flood, fire epidemic and catastrophe seriously affecting the city or 3, a large number of its inha bitants,or a final court judgment'+ against the city. i -14- NO. 5. Shall Section 12 of Article XIX be amended by adding thereto the following; Maximum Mill Levy. yes That the mill levy, in this section referred to, shall not No exceed 15 mills on each dollar of the assessed valuation of taxable property within the city for all purposes. N0. 6. _ Shall Section 5 of Article XV of said charter be amended to ` read as follows; Section 5. FIE REFFTMNPMI. The referendum shall apply to } all ordinances passed by the council, except ordinances # ordering elections making the tax levy, the annual ! appropriation, or ordering improvements initiated by petition and to be paid for by special assessments. If at any time within thirty days after the final passage of Yes any ordinance to which the referendum is applicable, a NO t petition signed by qualified electo-s equal in nwber to at least fifteen i,er cant= of the total votecq%st�- for i governor at the last general election, be presented to the i "w council, protesting against the going into effect of any r z ordinance, the same shall thereupon be suspended, and the council shall reconsider such ordinance. If the same be noxt entirely repealed, it shall be submitted to a vote of the qualified electors of the city, in the manear as provided in respect to the initiative, at t1a next general city electi n or at a special election called thsrefor. Such ordinance s�all then go into effect if a majority of the gio.alified electorsvotings thereon vote in favor tbersof,-without furtle r publication. € -15- N0. 7. Shall the City charter of the City of Fort Collins be amended by adding thereto the following: Relating to petitions for Paving, Curbing and Gutters. s The council shall not authorize by ordinance or othar- wise, the construction of any paving, curbing or gutter Yes in any streets or allays of the city at the expense of No any such improvement district property owners, unless a i patiticn signed by the owners of at least 51% of the l property fronting upon such street or alley to be so � improved shall be first filed requesting the same. Any x ordinance or part tbsrsof in conflict herewith is hereby repealed. N0. 8. Shall the City Charter of the City of Fort Collins be } amended by adding thereto the following: Relating to Sidewalks: Where sidewalks have been constructed and exist outside R the fire limits of the city and the council or other t authorized body of officers or employees shall here- , k after order any such sidewalk changed as to Yes material, alignment, grade or width, the expense No caused in complying with such order shall be borne by the city, unless such change is petitioned for a by a majority of the abutting property owners in such block for a uniform sidewalk along such block; 1 f provided, howavar, that any such sidewalk constructed and existing as first h-�rsinabove mentioned may be y required tN the council or other authorized body, i officer or employee to be repaired of defects therein f at the expense of the owner without ordering chaggeof grade, aliment, materials or width. Any ordinance IW Hart thereof in conflict herewith is hereby repealed. t Votaras desiring to vote for any of the above measures or amendments shall mark a cross X in the blank space to the right and op osite the word "Yes;" voters desiring to vote against any of the above measures or amendments shall mark a cross X in the blank space to the right and op.osita the word "No." Section 8. The City Clark shall make publication and give such notice and 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 laws of the State of Colorado, and by the charter of the City of Fort Collins. The ballots cast at said election shall be canvassed and the results ascertained, det^rmined and certified in accordance withh the requirements of the applicable provisions of the constitution and laws of the State of Colorado, and the charter of the City of Fort Collins. Section 9. That Section 7 of Ordinance No. 4, Series of 1926, be amended in the following particular by adding to the form of the ballot immadiatel,y Z.receding the title of the measure to be voted upon the following: "NO. 1." Section 10. In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety and this ordinance shall tare affect upon its passage and publication 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. the rrambers of the City Council, th's day of February, A. D. 1925. Ccm. iss` oner of Safety 10 Fx-Officio U or. ATTTc;T: ity Clark. -17- STATE OF COIDRADO ) SS. Co=Y OF 7IPIAER ) I, A. J. ROSENOW, City Clark of the City of Fort Collins, do hereby certify and declare that the foregoing ordinance, consisting of tan (10) sections was duly proposed and read at length r at a regular adjourned malting of the City Council held on the +. day of of Fobroary, A. D. 1926, and was duly adopted and ordered published in in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the ulanimous 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 tharsafter, on to-wit:: the "*day of February, A. D. 1926, said Ordinance No. _ was published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado. IN WITNESS WfL REOF, I have hereunto sat my hand and affixed the seal of said City this day of February, A. D. 1926. City Clerk. -13-