HomeMy WebLinkAbout1937 Ordinance No. 002BY AUT "-~0 · 1 T x
OR DIN /N:;E liQ.-_g, SE RIES L937
AN ORDI NANCE ADOP TI NG A PlAN FOR THE ACQUISITIO N OF A IW tJICIPAll Y OWNED
E1ECTRIC lIGHT AND POWER PLANT AND ELEC TRICAL DISTRIBUTION SYSTEM, AND
PRO VIDI "G FOR AN El ECTION AT WHICH THE QUESTION OF APPROVING THIS ORDINA~J C F.
SliAl L BE $Um.tITT ED TO A VO TE OF THE QUAl.IFIF;D PROPERTY ELECTORS OF SAID
CITY.
HE~E AS, under the provis i ons of "An Act relating to the ac~uisition,
ns truction, operation, mai n tenance and financing or public works, and
to amend Chapter 180, Session laws of Colorado, 1935," approved the 12th
day or June, 1937, tne City Council is in doubt as to whether or not a
municipally owned electric light and powe~ plant and electrical .distri-
bution system may be acquired by the city without the approval or a major-
ity of the ~ualified, assessed and taxpaying electors thereof; and
ER P.AS, the City Council has determined to submit the plan for such
ac~uisition to a vote of the ~ualified, assessed and taxpaying electors
thereof, regardless of the construction that may ultimately be given to
said Act, without aaid submission constituting an admission that such
submission is ne ce s sary:
):I, TH F;RE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENG l EW<:O D, ARA FAH OE COUN TY , IN TH E STATE OF COLORADO:
SECTI CN l· That the City of Englewood shall ac~uire a municipally owned
electric light and power p lant and electrical distribution system (said
electrical d1 3 tribution system to be ~cquired in the manner hereinafter
set forth in Section 2 of this ordinance), to be owned, managed and oper-
ate d by said city and to consist of a power plant, transmission _ line up
to the center of distribution, and a distribution system therefor.
SECTION 2. That the City of Englewood shall ac~uire, by purchase or
condemnation, the present electrical distribution system owned by the
Colorado Central r ower Company and serving the City of Englewood, ita
inhabitants and cu s tomers outside of the corporate boundaries of said
city, through th e b Ubstation of said company located at Englewood, pro-
vided such ac•u1aition can be accomplished at a price satisfactory to the
City Council; but in the event of the failure to ac.uire aaid electrical
distribution system by purcahse or condemnation, then the city may ac~uh·e
a new electrica l distribution system.
SECTION £• The property to be acquired for such power plant and electri-
cal distribution system is as follows:
A po wer plant to be located on a suitable site within the boundaries
of the City of Englewood, a transmission line therefrom up to th e center
of di stribut ion, together with the present distribution system to the
Colorado Central Pow er Company now serving the City of En g lewood and its
inhabitants, and so much of said distribution system situated outside of
the city limits and served by the substation at Englewood as the city may
acquire through condemnation proceeding s or otherwiae,or, in lieu, thereof,
a new d i s tribution system consisting of poles, 2300 volt conductors, trans-
formers, house loops, street lightin p system, meters and other apparatus,
capable of supplying 3,000 customers with 220/110 volt electric service
of three phase 60 cycle electric current.
SECTION 4. The full purchase price to b e paid by said city in ac.uiring
said electric light and power plant and distribution system ia the sum of
550,000.00;. such price will be paid by issuing municipal obligations
for such amount, payable solely out of the income of such utility, and the
obligation of said bonds shall be chargeable solely against the income
of such utility. No obligation by way of general obligation bonds shall
b e incurred by the City of Englewood in making such acquisition.
ECTION .§.· That a ap~l elect on is hereby called and shall be held
in said city on the day of • A.D. 1937, at which there shall
be submitted to sucn • alified roperty electors of said city as shall
in the next year preceding l he year of the election have paid a property
tax there in, the question of approving this ordinance.
~ECTI ON 6. The question so submitted shall be voted on at said election
by the voters ~ualified as aforesaid, at the following polling places in
the various wards (or precincts) in the said city:
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The vote shall be
s a id election
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POLlING PLACE
S ECTI ON 7. That the ballots .to be used in voting upon the ,uestion above
submitted shall be prepared and furnished by the City Clerk to the judges
of election, to be by them furnished to the voters, and shall be substan-
tially in the following p rint ~d form and shall be deposited in a ballot
box provided by the City Clerk for such purpose:
CITY .Q!: ENGLEWOOD
ELECTRIC LIGHT AND POWER PLANT ELECTION
-1937.
OFFICIAL BALlOT
uestion submitted:
Shall Ordinance No. , Series 1937, of the City of Englewood,
approved the day of August, 1937, adopting a plan for the
acquisition of a municipal electric light and power plant and
electrical distribution system, to be financed by the issuance
of municipal bonds in the amount of $550,000.oo, payable solely
from the revenues of the system proposed to be ac~uired, be app
proved?
FOR the approv a l of Ordinance No. ~• S eries 1937, and
for the acquisition of a municipal electric light
and power plant and electrical distribution system.
AGAINST the approval of Ordinance No.~• Series 1937,
and against the ac~uisition of a municipal elect-
ric light and power plant and electrical distre-
bution system.
. •
Each elector shall prepare his ballot, indicating 'hia approval or
disapproval of the proposition submitted by placing a cross (X) opposite
the group or words on his ballot ~hich expresse• hia choice, and shall
then deposit his ballot in the ballot box provided tor such purpose.
SECTION 8. No ballot tor or against said question shall be received by
the judges unless the person offering the same shall be a ~ualltied
elector of the City ot Englewood and shall in the next year preceding
the year of t h e election have paid a property tax therein.
SECTI ON .2· The following named persons are hereby appointed as judges
and clerks of said election, to-wit:
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NUU B:R
PRE CIN CT
NUM BER JUDGES CLERKS
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SECTI ON 10. The vote cast at said election on the ~uestion aforesaid shall
be canvass P-d and returned, and the return made and the result declared in
the manner, as nearly as may be, as provided by law tor the canvass, re-
turn and declaring the result of votes cast at an election of municipal
officers.
time and place of said election shall be pub-
·ILW~~s,~df , a newspaper of general circulation printed
. . o Englewoo , in the County of Arapahoe and State of Colorado,
at least fifteen days before such election, and also a copy of such notice
shall be posted at each place of voting at least fifteen days before such
election, announcing the time, place and object of the election, and the
Clerk of said City Council is hereby charged with the duty of effectuating
this provision.
Such notice shall be in substantially the following form:
CITY .Q[ ENGtEWOOD
NO T!C r', OF' SP E CIAL ELECTION
~~~~~~1937.
PUBLIC NOTICE
In pursuance of Ordinance No. ,;2..., Series 1937, of the City of Englewood,
Colorado, adopted and approved on the day of August, 1937, PUBLIC
NOTI E IS HERE BY GJVEN that a special election has been called to be held
o • , the Pt~day of.~-~ .. A.O. 1937, at the polling places
here na r designated in the~itY-otE?lglewood, at which election there
w•ll be submitted to such ~ualified electors of the City of Englewood as
shall in the next year preceding the year of the election have paid a
property tax therein, the following ~uestion:
Shall Ordinance No. ::2-, Series 1937, of the City of Englewood, ap-
proved the~ day of August, 1937, adopting a plan for the
acquisition of a municipal electric light and power plant and
e l ~c trical distribution systein, to b e f i ?·anced by the issuance
of municipal b onds i n th e amount of '550,000.00, payable solely
from th e r e venues of the ~ystem proposed to be aC'JUired, be app-
roved?
The polls will be open from 7 A.M. to 7 P.M.
The ballots to be used in voting upon the ~uestion above submitted
will be prepared and furnished by the City Clerk to the judges of election,
to be by th em furnish e d to the voter s , and shall be deposited in a ballot
box provided by the City Clerk for such purpose.
The ~ueation so submitted will be voted on at said election <.t the fol-
lowing polling places in the various wards (or precincts) in the City of
Englewood, Colorado, to wit:
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P1ECINC T
NUMBER
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The election will be held and conducted, as nearly as may be, in the
manner prescribed by law in the case of elections for municipal officers.
At said election only ~ualified property electors of said city as
shall in th e ye ~r next pr eceding the year of said election have paid a pro-
perty tax therein, will be permitted to vote on the ~uestion submitted.
IN WIT NES S ~~EREOF , the City Council or the City of Englewood has caused
this notice to be published and posted as re~uired by lww, this ____ __
day or • 1937.
City Clerk.
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SECTION 12. This ordinance, aft e r its introduction and reading, shall be
publlsheCl'in full in~~~ fi-:~'1'-, a newspaper t general
circulation publishete ~y d fng800d; n its issue of a:2
1937, and after ite final passage, shall be recorded in a book k t t at
purpose, be a u thenticated by the signatures o the Mayor and City Clerk, and
shall be finally published 1 ~ , a newspaper published
within the limits of the City o ng ewoo , an a take effect and be
in force upon the expiration of five days after it has been finally published.
SECTION 13. That by reason of the fact that the City of Englewood and its
lrihabltaiits are not properly or adequately supplied with electric light and
power service at the present time, and by reason of the necessity of effect-
uating without delay the legislative policy of the City Council as herein
declared, it is hereby declared that this ordinance is necessary for the
immediate preservation of the public peace, health and safety.
INTR ODUCE D, READ AND ORDERED PUBLI SHED this 28th day of July, A. D. 1937.
AD OfTED AN D APPRO VED this <J d_·day of August, A.
( SE Al )
STA TE OF COlO RADO )
COUNTY OF ARA PAH OE) SS.
CITY OF ENGLEW OO D )
I, Charles H. Smith, City Clerk and Recorder for the City
of Englewood, County of Arapahoe, State of Colorado, do hereby certify that
the above and foregoing Ordinance was introduced and read in full, and on
resolution was ordered publlehed as a proposed ordinance for the City of
En g lewood, and the same was ordered published by the City Council at a meet-
ing held May 10, 1937, and the same was published in the Englewood Herald
& Enterprise in its issue of May 14, 1937, and for more than ten (10) daye
thereaf~er and at a subsequent meeting held June 1, 1937, the MUNICIPAL
TRAFFIC CODE was duly passed and published in the Bnglewood Herald & Enter-
prise in its issue of June 4, 1937 as re~uired by the Statutes or the
state of Colorado. <1~ -¥.nbiti
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