THE CHARTER.
Article XIII. Public Works and Public Improvements.
Sec. 1. Department created.
Sec. 2. Functions.
Sec. 3. Improvement districts.
Sec. 4. Surplus and deficiency fund.
Sec. 5. Authority to acquire property.
Sec. 6. Additionally securing payment of bonds.
Sec. 1. Department created.
A department of public works is hereby created, the head of which shall be
the director of public works.
Sec. 2. Functions.
The department shall provide all engineering, architectural, maintenance,
construction, and work equipment services required by the city except those
performed by private persons, firms or corporations under contract, or those
assigned to other departments by this Charter.
Sec. 3. Improvement districts.
A public work or improvement, the cost of which in whole or in part are to
be assessed by the city; may be initiated by the council on recommendation of
the director of public works; or on petition of property owners in such number
and in such form as may be prescribed by ordinance. The council shall by
ordinance prescribe the method of making such improvements and the assessments
for their cost.
Sec. 4. Surplus and deficiency fund.
Where all outstanding bonds have been paid in a public improvement
district, and any money remains to the credit of said district, it shall be
transferred to a special surplus and deficiency fund and whenever there is a
deficiency in any improvement district to meet payment of outstanding bonds, it
shall be paid out of said fund. Whenever a public improvement district has paid
and canceled four-fifths of its bonds outstanding, and for any reason the
remaining assessments are not paid in time to take up the final bonds of the
district, and there is not sufficient money in said special surplus and
deficiency fund, then the city shall pay said bonds when due and reimburse
itself by collecting the unpaid assessments due said district.
Sec. 5. Authority to acquire property.
In addition to all other power which it has to acquire property, the City
of Cortez is hereby authorized to purchase or otherwise acquire property on
which there are delinquent taxes and/or special assessments. The city may also
dispose of any property acquired under this authority.
Sec. 6. Additionally securing payment of bonds.
In addition to the provisions of Section 4 of this article and not in
limitation thereof, the city prior to the issuance hereafter of any bonds of any
public improvement district therein may contract by ordinance with the holder or
holders thereof that the payment of the bonds of such district, both as to
principal and interest, is additionally secured by a pledge of monies in a
special fund created therefor into which the city covenants to deposit the
proceeds of general (ad valorem) property taxes to be levied not earlier than
the date of the bonds of any such series nor later than one year after the
maturity date thereof, not exceeding three mills in any one year. After the
issuance of any such bonds, the city shall levy such general taxes pursuant to
such contract; provided, however, that any such levy may be diminished to the
extent other funds of the city available therefor are deposited in such fund.
Prior to the redemption of all such bonds, both principal and interest, the
proceeds of such taxes or equivalent transfer or both, shall be disbursed from
such fund only for the payment of the principal of and interest on such bonds.
After such bonds have been redeemed in full, any monies remaining in such fund
shall be deposited in said special surplus and deficiency fund. Whenever there
are no outstanding bonds of any public improvement district of the city, all or
any part of any monies in the special surplus and deficiency fund may be
transferred to the city’s general fund or any designated special fund
pursuant to ordinance of the city council. Bonds of any public improvement
district payable from special assessments, which payment may be additionally
secured as provided in this article, shall not exhaust the city’s debt
incurring power, nor shall such bonds be required to be authorized at an
election. (Adopted May 13, 1958.)
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