HomeMy WebLinkAbout20082537.tiff RESOLUTION
RE: AUTHORIZE CHAIR TO VOTE ON BEHALF OF WELD COUNTY IN CITY OF GREELEY
ELECTION AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 4, 2008, the City of Greeley will be conducting an election
regarding two ballot issues concerning the City's Downtown Development Authority, and Weld
County, as a landowner, has the right to vote in said election, and
WHEREAS, the Board deems it advisable to authorize the Chair to vote in said election on
behalf of Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Chair be, and hereby is, authorized to vote on behalf of Weld County
in the City of Greeley's ballot issue election of November 4, 2008, concerning the City of Greeley
Downtown Development Authority.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign the Affidavit of Qualified Elector and return the same in order to be designated to vote in said
election.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ;Lim XCUSED
' m H. Jerke, Chair
Weld County Clerk to the IR $O,72
1Y�
" .✓ tee;✓ d n, em
BY: •
D ty Cler o the Board
Will' F. Garcia
APP E AS TO F ao
David E. Long
my A
ougl Radema er
lo
Date of signature: �o• -
2008-2537
BC0038
NOTICE OF A SPECIAL
MAIL-BALLOT ELECTION
TUESDAY, NOVEMBER 4, 2008
GREELEY, COLORADO
FOR QUALIFIED ELECTORS WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES
Cityof �s\
Greeley
Great.From the Ground Up.
The City of Greeley, Colorado, is conducting an election, by mail, of the qualified electors within
the Downtown Development Authority boundaries to determine the outcome of two ballot issues
by the DDA— 1) request authority to levy up to 5 mills in property taxes to the properties within
the District; and 2) request authority to issue bonds for future downtown projects approved with
the Plan of Development as amended from time to time.
A qualified elector for this election is one who is a resident, a landowner, or a lessee within the
District (see boundary map on reverse). Each qualified elector desiring to vote in this election
must affirm, by written affidavit (attached), that the elector meets the qualifications required.
A resident means one who is a citizen of the United States and a resident of the state of Colorado,
eighteen (18) years of age or older, and one who makes his/her primary dwelling place within the
District.
A landowner means the owner in fee of any undivided interest in real property or any
improvement permanently affixed thereto within the District*.
A lessee means the holder of a leasehold interest in real property within the District.
Leasehold interest does not include a license or mere contract right to use real property within
the District*.
*A landowner or lessee that is not a natural person (such as a corporation, partnership,etc.) may
vote only if it designates by some official action a representative to cast its ballot. Each qualified
elector is permitted to cast only one vote, although any person qualified or lawfully designated may
additionally be entitled to cast the vote of a non-natural person.
A ballot will be mailed to qualified electors submitting an affidavit to the Greeley City Clerk's
Office before the close of business on Friday, October 17, 2008. Beginning Friday, October 10,
2008, an on-site polling place will be open for any voter choosing to qualify and cast a ballot in
person. The on-site polling place will be located in the City Clerk's Office, 1000 10`x'Street, and
open from 8:00 a.m. to 5:00 p.m. Monday through Friday, except on Election Day, Tuesday,
November 4, 2008, when it will be open from 7:00 a.m. to 7:00 p.m.
For further information, contact the Greeley City Clerk's Office at 970.350.9740.
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City of Greeley, Colorado
Special Election
Tuesday, November 4, 2008
To receive a ballot by mail, return Affidavit of Qualified Elector to the Greeley City Clerk's Office,
1000 10th Street, Greeley, CO 80631, by the close of business on Friday, October 17, 2008.
After that date, Affidavit of Qualified Elector must be presented at the on-site
polling place in the City Clerk's Office, 1000 10th Street
AFFIDAVIT OF QUALIFIED ELECTOR
(This form may be duplicated as needed)
I affirm that I am a qualified elector within the Downtown Development Authority boundaries as shown on the boundary
map on the reverse. I qualify to cast a ballot in this Special Election because I am either (✓check one):
❑ A RESIDENT (a citizen of the United States,
a resident of the State of Colorado, Signature of Resident Birth Date
eighteen years of age or older,and one who
makes his/her primary dwelling place within
the proposed district); OR Printed Name of Resident
Property Address Daytime Phone#
❑ A LANDOWNER(owner in fee of any
undivided interest in real property or any Signature of Landowner Birth Date
improvement permanently affixed thereto
within the proposed district); OR
Printed Name of Landowner
Property Address Daytime Phone#
•
❑ A LESSEE (holder of a leasehold interest
in real property within the proposed district. Signature of Lessee Birth Date
Leasehold interest does not include a license
or mere contract right to use real property
within the proposed district); OR Printed Name of Lessee
Property Address Daytime Phone#
A DESIGNATED VOTER ON BEHALF OF k IVV tali 4 ,5
AN ENTITY THAT IS A LANDOWNER OR Signature of Designated Voter Birth Dat�
LESSEE(a landowner or lessee which is not
a natural person,such as a corporation, Robert D. Masden, Chair Pro—Tem
partnership, etc.). Printed Name of Designated Voter
_Weld County Government 915 10th Street, Greeley CO 970-356-4000 X4200
Name of Entity Designating a Voter Property Address Daytime Phone#
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0
CITY OF GREELEY, COLORADO
ORDINANCE NO. 37 2008
AN ORDINANCE OF THE CITY OF GREELEY APPROVING THE GREELEY
DOWNTOWN DEVELOPMENT AUTHORITY'S CALL FOR A SPECIAL MAIL BALLOT
ELECTION ON NOVEMBER 4, 2008 FOR THE PURPOSE OF SUBMITTING TWO
BALLOT MEASURES TO THE QUALIFIED ELECTORS OF THE GREELEY
DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT
WHEREAS, at a special meeting held on August 1, 2008, the Board of Directors of the
Downtown Development Authority (the "Authority"), by resolution, called for a special election
(the"DDA Election") of the qualified electors of the Downtown Development Authority District
for the purpose of submitting to the electors the questions regarding levying of a five mill tax
increase, the issuance of up to $50,000,000.00 debt by the City to finance development projects
in furtherance of the Downtown Development Authority plan of development and removing the
revenue and spending restrictions placed on the City and Authority for the same by Article X,
Section 20 of the Colorado Constitution; and
WHEREAS, Section 31-25-807(3)(b), C.R.S., requires approval by the City Council for
such DDA Election; and
WHEREAS, Section 20 of Article X, of the Colorado Constitution ("TABOR") and
Section 31-25-807(3)(b), C.R.S., requires that the DDA Election be held and conducted in the
manner prescribed by law for the holding and conducting of other regular or special elections in
the municipality; and
WHEREAS, the City Council desires to call a special mail ballot election to be held on
November 4, 2008 and provide for the manner in which the election will be conducted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GREELEY as follows:
Section 1. That a special mail ballot election, called by the Board of Directors of the
Downtown Development Authority, to be held on November 4, 2008, is hereby approved.
Section 2. That the election shall be by mail ballot and conducted by the City Clerk
of the City of Greeley in accordance with the Colorado Mail Ballot Election Act, as adopted by
the City pursuant to Ordinance 2.00.030(c), 31-25-801, C.R.S., et seq., and TABOR.
Section 3. All actions heretofore taken (not inconsistent with the provisions of this
ordinance) by the Council, the officers of the City, and the Authority, directed toward the
submission of the two questions of levying a five mill tax increase, the issuance of up to
$50,000,000.00 debt by the City to finance development projects in furtherance of the
Downtown Development Authority plan of development and removing the revenue and spending
restrictions placed on the City and Authority for the same by Article X, Section 20 of the
Colorado Constitution to the qualified electors of the Downtown Development Authority
District, are hereby ratified, approved and confirmed. The appropriate City officers are further
authorized and directed to take such additional actions, if any, before or after the November 4,
2008 special election, as may be necessary or appropriate to prepare for and (subject to
applicable voter approval requirements) implement the tax rate increase and bond financing,
including, without limitation, making (or submitting to Council as necessary) consistent changes
to other Code provisions, ordinances, regulations, forms and other enactments of the City.
Section 4. That the questions, as set forth below, shall be submitted only to the
qualified electors of the Downtown Development Authority District as defined in C.R.S. 31-25-
802(9), and no qualified elector may cast more than one vote, even though any person qualified
or lawfully designated may be entitled to cast the vote of more than one qualified elector.
Section 5. The City Clerk is hereby authorized and directed to take all action
necessary or appropriate to submit the two Ballot questions to the qualified electors of the
Downtown Development Authority District as two ballot issues at the November 4, 2008 special
election in substantially the following form:
1. "SHALL CITY OF GREELEY TAXES BE INCREASED $125,000.00 IN THE 2009
TAX COLLECTION YEAR AND BY WHATEVER AMOUNTS AS MAY BE RAISED
ANNUALLY THEREAFTER BY THE LEVY OF AN AD VALOREM TAX NOT TO
EXCEED FIVE MILLS ON ALL REAL AND PERSONAL PROPERTY WITHIN THE
BOUNDARIES OF THE GREELEY DOWNTOWN DEVELOPMENT AUTHORITY ("THE
AUTHORITY") AND TO BE USED FOR THE PURPOSE OF PAYING THE AUTHORITY'S
OPERATIONS, MAINTENANCE, AND OTHER EXPENSES, AS ALLOWED BY TITLE 31,
ARTICLE 25, PART 8 OF THE COLORADO REVISED STATUTES, AS THE SAME MAY
BE AMENDED FROM TIME TO TIME;
AND SHALL THE PROCEEDS OF SUCH TAXES, ANY OTHER REVENUE AND
INVESTMENT INCOME THEREON BE COLLECTED AND SPENT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, THE CHARTER OF THE CITY OF GREELEY OR
ANY OTHER LAW, AND AS A PERMANENT WAIVER OF THE 5.5% LIMITATION
UNDER SECTION 29-1-301, C.RS., AND WITHOUT LIMITING IN ANY YEAR THE
AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE
AUTHORITY AND THE CITY OF GREELEY?"
YES
NO
I
2. "SHALL CITY OF GREELEY DEBT BE INCREASED $50,000,000.00 (MAXIMUM
PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF $102,000,000.00 (MAXIMUM
TOTAL PRINCIPAL AND INTEREST COSTS), ALL FOR THE PURPOSE OF FINANCING
THE OBJECTS AND PURPOSES CONTAINED IN THE GREELEY DOWNTOWN
DEVELOPMENT AUTHORITY'S PLAN OF DEVELOPMENT AS SUCH PLAN MAY BE
AMENDED FROM TIME TO TIME ("THE PROJECT"), INCLUDING EQUIPMENT,
APPURTENANCES, AND ACQUISITION OF INTEREST IN LANDS FOR SUCH
PROJECT, AND INCLUDING RESERVED FUNDS AND OTHER INCIDENTAL COSTS
NECESSARY OR APPROPRIATE IN CONNECTION WITH SUCH PROJECT AND
FINANCING, ALL AS PROVIDED IN THE AUTHORITY'S APPROVED PLAN OF
DEVELOPMENT AND ANY APPROVED AMENDMENTS TO THE AUTHORITY'S PLAN
OF DEVELOPMENT;
SUCH DEBT TO BE EVIDENCED BY BONDS, NOTES, LOAN AGREEMENTS,
REIMBURSEMENT AGREEMENTS OR LEASES WHICH MAY BEAR INTEREST AT A
NET EFFECTIVE INTEREST RATE NOT IN EXCESS OF EIGHT PERCENT (8%) PER
ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES AND WHICH
MAY COMPOUND PERIODICALLY AS MAY BE DETERMINED BY THE CITY
COUNCIL, SUCH DEBT TO BE SOLD IN ONE SERIES OR MORE AT A PRICE ABOVE,
BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH
TERMS AND CONDITIONS AS THE CITY COUNCIL MAY DETERMINE, INCLUDING
PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR
WITHOUT PAYMENT OF PREMIUM OF NOT MORE THAN 3%, AND WHICH DEBT
MAY BE REFINANCED AT A NET EFFECTIVE INTEREST RATE NOT IN EXCESS OF
THE MAXIMUM NET EFFECTIVE INTEREST RATE WITHOUT ADDITIONAL VOTER
APPROVAL;
SUCH DEBT SHALL BE PAID FROM ANY LEGALLY AVAILABLE MONEYS OF THE
AUTHORITY, INCLUDING THE REVENUES PLEDGED OR FROM TAXES PLEDGED
PURSUANT TO SECTION 31-25-807(3)(B) COLORADO REVISED STATUTES OR BOTH
SUCH REVENUES AND TAXES WITH SUCH LIMITATIONS AS MAY BE DETERMINED
BY THE BOARD OF THE AUTHORITY AND THE CITY COUNCIL;
AND SHALL THE CITY BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT
AUTHORIZED IN THIS QUESTION, PROVIDED THAT AFTER THE ISSUANCE OF SUCH
REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT
ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM
PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT
ISSUED BY THE CITY PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO
NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND
SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE PROCEEDS OF SUCH TAXES,
ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT INCOME
THEREON BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE
CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, THE CHARTER OF THE CITY OF GREELEY OR ANY OTHER LAW
AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT
MAY BE COLLECTED AND SPENT BY THE AUTHORITY AND THE CITY OF
GREELEY?"
YES
NO
Section 6. The Council hereby authorizes and directs the City Clerk to certify such ballot
issues and hereby sets and fixes the foregoing as the ballot title by which such ballot issue is to
be submitted. Any protests or contests concerning the ballot title set forth above shall be initiated
and conducted in the time and manner set forth in Section 1-11-203.5, Colorado Revised
Statutes. The City Clerk, or the Council by resolution, may make such changes in the ballot title
set forth above as may be necessary or appropriate to conform to applicable law. Notice of the
election, including submission of the two ballot issues, shall be given, and the election shall be
held and conducted and the results thereof shall be determined, in conformity with the Uniform
Election Code of 1992, the Charter and ordinances of the City, and other applicable provisions of
the Constitution (including, without limitation, Article X, Section 20 thereof) and laws of the
State of Colorado.
Section 7. If the five mill ad valorem tax ballot issue is approved, and subject to the
provisions of 31-25-801, C.R.S., et seq.:
(a) The City shall be authorized to effectuate the five mill ad valorem tax on real and
personal property within the District, such real and personal property tax rate increase to begin
on January 1, 2009, or as soon as practicable thereafter and to continue until repealed; with
revenues from such real and personal property tax rate increase to be for the purpose of paying
the authority's debt, operations, maintenance, and other expenses as allowed by Title 31, Article
XXV, Part 8, of the Colorado Revised Statutes, as the same may be amended from time to time;
(b) The City may certify any number of mills each year(not exceeding five mills) as the
Council determines is necessary for purposes of the Authority and no further election is required
so long as the mill levy does not exceed five mills;
(c) The City shall accept all funds generated from the real and personal property tax
increase from the County and the City shall deposit the same in the municipal treasury to the
credit of the Authority. Such funds shall be used for no other purpose other than for those
purposes authorized by 31-25-801, et seq., upon approval of the Authority Board pursuant to
vouchers signed by the designated officer of the Authority. The funds of the Authority accepted
by the City shall be secured as other public funds are secured.
Section 8. If the bonded debt is approved:
(a) Subject to the provisions of 31-25-801, C.R.S., et seq.:
(i) The City shall be authorized to accept the revenues from the existing property
tax increment of the District and the real and personal property tax rate increase (if
approved) for the purpose of financing the objects and purposes contained in the Greeley
Downtown Development Authority's plan of development as such plan may be amended
from time to time (the "Project") including equipment, appurtenances, and acquisition of
interest in lands for such project, and including reserved funds and other incidental costs
necessary or appropriate in connection with such project and financing, all as provided in
the Authority's approved plan of development and any approved amendments to the
authority's plan of development, including equipment and appurtenances related to such
facilities and including acquisition of interests in land for such facilities, and including
the establishment or increasing of reserve funds and other incidental costs necessary or
appropriate in connection with or allocable to such facilities or the Bonds (defined in
(b)(i) below) (collectively, the "Project"). Revenues from the real and personal property
tax rate increase (if approved), may also be used for operation and maintenance costs
relating to the Project, and as described and provided in Sections 7 and 8 of this
ordinance. However, the foregoing provisions of this section shall be subject to
application of all tax revenues as provided in existing and future ordinances relating to
the Bonds (as defined below) or other outstanding or future bonds or obligations of the
City, and the Council may include revenues from the existing property tax increment of
the District and the real and personal property tax rate increase (if approved), in pledges
securing the Bonds and other outstanding or future bonds or obligations of the City,
regardless of the purposes for which such other outstanding or future bonds or obligations
are issued. For all purposes of this ordinance, revenues from the existing property tax
increment of the District and the real and personal property tax rate increase (if approved)
provided for herein shall include an allocable portion of interest and penalties on
delinquent sales and use tax collections.
(ii) MI revenues from the existing property tax increment of the District and the
real and personal property tax rate increase (if approved and regardless of whether such
revenues in any year after the first full fiscal year exceed the estimated dollar amount of
$125,000.00 as stated in the ballot title set forth in Section 5 of this ordinance) and
investment income thereon shall constitute voter-approved revenue changes and
exceptions to the limits which would otherwise apply, and the City shall be authorized to
collect, receive and spend the revenues from the existing property tax increment of the
District and the real and personal property tax rate increase (if approved) and investment
income thereon, without regard to any spending, revenue-raising or other limitation or
condition, and without limiting in any year the amount of other revenues or funds that
may be collected, received and spent by the City, under Article X, Section 20 of the
Colorado Constitution.
(b) Subject to the provisions of 31-25-801, C.R.S., et seq.:
(i) The Council shall be authorized, in its sole discretion by subsequent
ordinance, to cause to be issued the City's tax revenue bonds or other financial
obligations (the "Bonds"), in an aggregate amount not to exceed $50,000,000.00
(maximum principal amount), with a repayment cost of up to $102,000,000.00
(maximum total principal and interest cost), for the Project, and as further described and
provided in Section 8 of this ordinance.
(ii) The Council shall be authorized to secure the Bonds with a pledge of, and to
pay the Bonds (including payment of debt service and other costs and obligations relating
or allocable to the Bonds) from, all or a portion of the District's existing property tax
increment of the District and the real and personal property tax rate increase (including,
but not limited to, revenues from the tax rate increase if approved), proceeds of the
Bonds, and investment income on such proceeds from the existing property tax increment
of the District and the real and personal property tax rate increase (if approved). For all
purposes of this ordinance, City tax revenues shall include interest and penalties on said
delinquent real and personal property tax collections.
(iii) The Council shall be authorized to issue and sell the Bonds at such time or
times, with such date or dates, in one or more series (which may be combined with other
duly authorized City tax obligations), at such prices at or above the principal amounts
thereof, in such manner and upon such terms and provisions as the Council may
determine, not inconsistent herewith or with the City Charter (including redemption prior
to maturity with or without premium of not more than 3%), which authorization shall
include authority to refund the Bonds without additional voter approval.
(iv) In connection with the Bonds, the existing property tax increment of the
District and the real and personal property tax rate increase (if approved) and investment
income thereon and proceeds of the Bonds and investment income thereon shall
constitute voter-approved revenue changes and exceptions to the limits which would
otherwise apply, and the City shall be authorized to collect, receive and spend such tax
revenues, Bond proceeds and investment income, without regard to any spending,
revenue-raising or other limitation or condition, and without limiting in any year the
amount of other revenues or funds that may be collected, received and spent by the City,
under Article X, Section 20 of the Colorado Constitution.
Section 9. Subject to the provisions of 31-25-801, C.R.S., et seq., and the application
of tax revenues and Bond proceeds as provided in existing and future ordinances relating to the
Bonds or other bonds or obligations of the City, any such Bond proceeds or revenues for the
Project remaining after the Project is substantially completed shall be spent for other projects of
the Authority, or to make payments relating to or allocable to such bonds or obligations (or,
with respect to such real and personal property tax rate increase revenues, for the purposes
stated in 31-25-817, C.R.S.), as determined by the Council.
Section 10. If a majority of the votes cast on the question authorize the issuance of debt
as described in the debt question set forth above, the City may, in its sole discretion by subsequent
ordinance, issue such debt in the approximate aggregate principal amount of$50,000,000 to pay
the costs of the Project, including the reimbursement of certain costs incurred by the City prior to
the execution and delivery of such debt, upon terms acceptable to the City, as authorized in an
ordinance to be hereafter adopted and to take all further action which is necessary or desirable in
connection therewith. The officers, employees and agents of the City shall take all action
necessary or reasonably required to carry out, give effect to and consummate the transactions
contemplated hereby and shall take all action necessary or desirable to finance the Project and to
otherwise carry out the transactions contemplated by the subsequent ordinance. The City shall not
use reimbursed moneys for purposes prohibited by Treasury Regulation §1.150-2(h). This
statement is intended to be a declaration of"official intent" to reimburse expenditures within the
meaning of Treasury Regulation §1.150-2.
Section 11. The City hereby exercises its power as a home rule municipality, pursuant to
Article XX of the Colorado Constitution, to supersede any and all laws of the State of Colorado
which may be in conflict herewith.
Section 12. The invalidity or unenforceability of any provision of this ordinance shall in
no way affect the validity or enforceability of the remainder of this ordinance.
Section 13. This ordinance shall take effect on the fifth (5th) day following its final
publication as provided by the Greeley Charter.
Section 14. Following passage of this ordinance on first reading, it shall be published in
full in the Greeley Daily Tribune. Immediately upon its final passage, this ordinance shall be
recorded in the City book of ordinances kept for that purpose, shall be authenticated by the
signatures of the Mayor and the City Clerk, and shall be published in full in the Greeley Tribune,
a legal newspaper of general circulation in the City. The City Clerk is authorized to include in
such publications any additional information as may be deemed necessary or appropriate.
Passed and adopted at a regular meeting of the Council of the City of GREELEY this 2nd
day of Sept. 2008.
ATTEST: THE CITY OF GREELEY, COLORADO
IDS A.
City Cle Mayor
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