The Delta independent., 1923-08-31
Charter Amendment Committee
Makes Report To Mayor Penley

Delta, Colorado, Aug. 81. 1872;
To Mayor A. e. Penley,
Dear Mr.. Mayor:
II has been suggested 70 as, g
members of the Committee draftin
the proposed amendments to tn
Delta City Charter. that It might lea
to a better understanding OF tn
proposed Amendments. II there coul
be a communication definitely ou,
lining such Amendments and thei
purpose, and to that end we ar
writing this letter.
To begin with, there are but tw'
Sections OF the City Charter that ar
proposed to be changed, Sections 8
and 20.
Furthermore, in these section
no part Of the old Charter has beeI
omitted from the Amendments
In order that the additions made T.
these two Sections may be clearl,
seen. the two Sections are herewith
quoted as they now stand with tn
changes which comprise the Amend
ments in black face type
Section 81. CONTRACTUAL
POWERS. The City Council shall
have no power to make any
whatsoever or to make any lease
of city property, the operation OF
which extends beyond the time OF
its term of office; provided.
this section shall not apply to
the construction OF waterworks
and extensions thereof or OF
other public utilities owned by
the city, when by reason OF
emergency 1t Is deemed neoes-
sary that the operations shall eI-
tend beyond the term OF the COM
missioners' term in office; and
provided further, that Il shall
not apply to the construction Of,
nor contract relating to any To-
cal or special public Improvement
In any special assessment de
triet In the city; nor shau the
city council have any power to
sail. abandon. grant or other
wise dispose OF any title O. right
Of the city 10 any real estate.
franchise. right Of way. street.
avenue. alley or other public
property, all such powers being
reserved to the people and to be
exercised only by the qualified
voters At general or special NUM-
cipai eiectionA"
Tho purpose Of this amendment Il
to permit contracts to be made 70,
special improvements a. they ma,
now BE- made concerning waterwork
that extend beyond the term Of tn,
council then in office: and also Z.
permit the terms Of payment to be ex
tended over several years II desired
II assumes to put the city council OF
the same footing with regard to spe
cial improvements as II now occupie,
concerning waterworks.
Section 70. (a) SPECIAL
STATUTES CONTINUED IN
FORCE. The provisions Of Sect
ions 6S57 and 665s OF the Re-
vised Statutes OF Colorado. 1908,
relating to sidewalks, and an
Statutes Of this State and amend
ments thereto relating to the
issuance Of bonds, funding and
refunding bonds, shall be in full
force and effect, save that no
bond issue shall be made without
vote OF the qualified electors
OF the city who are taxpayers
under the law authorizing such
issue at . regular or special muni.
eipal election.
(b) Provided nothing In thIs
section or In this Charter shall be
construed to require any election
to authorize special assessments
or Improvement bonds, warrants,
or assessments where no quar-
antee ~ to payment by the city
10 made, and provided further,
that the creation, bonding and all
proceedings concerning such local
or special improvement districts
shall be as provided by law Of the
State Of Colorado until special or
different proceedings concerning
the same may be by ordinance
provided under the authority Of
Section 15e Of this charter"
Paragraph (a) permits the voting o
bonds at either regular or specia
election, whereas under the presen
Charter they may be voted only at ,
regular election, except for water
works.
Paragraph (b) is new. The Suprem,
Court held that an election was ne
cessary under our Charter wher,
bonds were issued by improvement
districts whether or not they wer,
guaranteed by the city.
This proposed change is made in or
der that whore district proposes h
make certain improvements. issue IL