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CHARTER
OF THE The
Pueblo de Cochiti, an Indian Tribe recognized by the United States Department of
the Interior and having accepted the provisions of the Indian Reorganization Act
of June, 18, 1934 (48 Stats 984, et seq.), and having secured the approval of
the Bureau of Indian Affairs pursuant to delegation of approval of authority
from the Secretary of the Interior dated August 7, 1970, does ordain and
establish this Charter as the organic law of the Town of Cochiti Lake. |
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Section
100 Name Section
200 Boundaries
Section
300 Rights and Liabilities ARTICLE IV. POWERSSection
400 Scope Section
600 Composition ARTICLE
VII.
THE JOINT COMMISSION ON Section
700 Composition ARTICLE
VIII. TOWN OFFICERS
Section
800 Appointment by
Assembly ARTICLE
IX. PARKS AND RECREATION
Section
900 Parks and Recreation ARTICLE
X. BOARD OF ZONING ADJUSTMENT
Section
1000. Board of Zoning
Adjustment ARTICLE XI. APPOINTIVE BOARDS AND COMMISSIONS Section
1100 Appointive
Boards and Commissions ARTICLE
XII.
GENERAL PROVISIONS RELATING
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Section
100. Name The
political entity created hereby shall be known by the name of the “Town of
Cochiti Lake.” Section
101. Definitions and Rules of Construction
Unless the provisions of the context require otherwise, the definitions
and rules of construction hereinafter set forth shall govern the construction of
this charter. Headings,
Effect of Article
and Section headings contained herein shall not be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of
any Article or section hereof. Reference
to Acts or Omissions Within this Town This
Charter shall refer only to the omission or commission of acts within the
territorial limits of the Town of Cochiti Lake and to that territory outside of
the Town of Cochiti Lake over which the Town of Cochiti Lake has jurisdiction or
control by virtue of the Charter or by reason of ownership or control of
property. Notices,
Service of Whenever
a notice is required to be given under this Charter, unless different provisions
herein are otherwise specifically made, such notice may be given either by
personal delivery thereof to the person to be notified, by deposit thereof in
the United States mail, in a sealed envelope, postage prepaid, addressed to such
person to be notified, at his last known business or residence address as the
same appears in the public records of the Town of Cochiti Lake or other records
pertaining to the matter to which such notice is directed, or by telegram sent
by Western Union, or its successor in interest.
Service by mail shall be deemed to have been completed at the time of
deposit in the post office. Service
by telegram shall be deemed to have been completed at the time of delivery to a
representative of Western Union. Proof
of Notice Proof
of giving any notice may be made by the certificate of any officer or employee
of the Town of Cochiti Lake, or by affidavit of any person over the age of
eighteen (18) years, which shows service in conformity with this Charter, or
other provisions of law applicable to the subject matter concerned. The
present tense includes the past and future tenses, and the future, the present. Gender The
masculine gender includes the feminine and neuter. Number The singular number includes the plural, and the plural, the singular. Section
200. Boundaries The territory of the Town shall encompass such territory as shall actually be under lease to Lessee in accordance with the provisions of Section 3 of the Master Lease. Section
300. Rights and Liabilities The Town shall not own, possess, control or in any way succeed to any rights or property of any kind or nature of the Pueblo, except as otherwise provided herein, and shall not be subject to any of the debts, obligations, liabilities or duties of the Pueblo, except as otherwise provided herein. Section
301. Laws Continued in Effect
All ordinances, resolutions, rules and regulations, or portions thereof
the Pueblo, in force at the time this Charter takes effect, not in conflict or
inconsistent herewith and which are clearly applicable to this grant of power to
the Town and to the jurisdiction of the Pueblo with respect to its members,
shall continue in force until duly repealed, amended, changed or superseded by a
proper authority. Section
302. Pending Actions and Proceedings
No action or proceedings, civil or criminal, pending at the time this
Charter takes effect, brought by or against the Pueblo de Cochiti or any of its
officers, employees or agents, shall be affected or abated by the adoption of
this Charter. Section
303. Dissolution Upon the expiration of the term of this Charter or any extensions thereof, the Town of Cochiti Lake shall be dissolved. Such dissolution, however, shall not affect any pending actions and proceedings brought by or against the Town of Cochiti Lake. Upon dissolution, all real property within the territory of the Town of Cochiti Lake shall become the property of the Pueblo de Cochiti. Section
304. Effective Date of Charter This Charter shall take effect upon and after the date of its approval by the Pueblo and the Bureau of Indian Affairs pursuant to delegation of approval of authority from the Secretary of the Interior, whichever is last to occur. The term of this Charter shall be the same as the term of the Master Lease, and any lawful extensions thereof. Section
400. Scope The
Town hereby is delegated the governmental and proprietary powers of the Pueblo
within the territory of the Town as set forth in this Charter. All
rights and privileges accorded to residents of the Town, including but not
limited to the right to the full benefits of the recreational facilities and
institutions of the Town, shall be accorded to all Indians subject to the
jurisdiction of the Pueblo regardless of their place of residence, except that
no nonresident of the Town shall have the right to vote in any election of the
Town.
The Town shall have the power to purchase, lease, receive, hold, control
and enjoy real and personal property, and may lease and dispose of it in any
manner and subject to the terms of the Master Lease. Section
401. Procedures The Town shall have the power to establish any procedures for the exercise of its powers, unless a different procedure is provided in this Charter. ARTICLE
V The government of the Town of Cochiti Lake shall be vested in an Assembly and such other boards or advisory agencies which it may appoint or which are provided herein. The Assembly may appoint an Administrator as the Chief Executive Officer of the Town, with the powers and duties prescribed herein. Section
600.
Composition The Assembly shall consist of five (5) members. Section
601. Selection The
initial members of the Assembly shall be selected by the Lessee.
If ninety (90) days prior to a regular election date, there are 300
residents in the Town (and subsequently thereafter even though the number of
residents may fall below 300), three (3) members of the Assembly shall be
elected from the Town at large to fill the vacancies created by the expiration
of the terms of three (3) members appointed by the Lessee.
Two (2) members shall be elected from the Town at large at the second
regular election held after there are more than 300 residents of the Town to
fill the vacancies created by the expiration of the terms of the two (2) members
appointed by the Lessee. Section
602. Term Except
for the terms of the members appointed by the Lessee, the term of each member of
the Assembly shall be four years.
Members appointed by the Lessee shall serve at the pleasure of the Lessee
except that three (3) of said appointed members, or their successors, shall hold
office until the first Tuesday following the first regular election at which
time members are elected and two (2) members, or their successors, shall hold
office until the first Tuesday following the second regular election at which
members are elected. Section
603. Qualifications
Except for persons appointed by the Lessee, no person shall be eligible
to hold office as a member of the Assembly unless he shall be at the time he
takes office (i) a resident of the Town, or (ii) a sublessee of land within the
Town for six (6) months. A member
of the Assembly must be at least twenty-one (21) years of age on the date he
assumes office. Section
604. Elections
Members of the Assembly to be elected shall be elected on the regular
election date preceding the expiration of their term; provided, however, special
elections to fill unexpired terms of vacated offices of members of the Assembly
may be held at such times set by resolutions of the Assembly. The candidates receiving the highest number of votes shall be
elected. The term of all such
members shall commence on the first Tuesday following such election, and each
member shall serve until a successor is elected and qualified.
Any ties in voting shall be settled by the casting of lots. Section
605. Compensation
The members of the Assembly shall receive such compensation, if any, as
is set by ordinance of the Assembly; as compensation for their services, and
shall receive reimbursement for necessary travel and other expenses when on
official duty on order of the Assembly. The
compensation, if any, so set shall not be changed for any member during his then
current term of office. Section
606. Vacancy
A vacancy in the office of a member of the Assembly appointed by the
Lessee from whatever cause, shall be filled by appointment by the Lessee. Such appointee shall hold office for the unexpired portion of
the term of office vacated, and until his successor is elected and qualified.
A vacancy in the office of a member of the Assembly elected to that
office, shall be filled by appointment by the remaining members of the Assembly.
Such appointee shall hold office until the next general Town election and
until his successor is elected and qualified.
If any member of the Assembly absents himself from three (3) consecutive
regular meetings of the Assembly, unless by permission of the Assembly expressed
in its official minutes, or is convicted of a crime involving moral turpitude,
or ceases to be or is not a resident of the Town, and is not a sublessee within
the Town, his office shall become vacant and shall be so declared by the
Assembly. Section
607. Assembly Officers
At the first meeting of the Assembly and on the first Tuesday following
each regular Town election at which Assemblymen are elected, the Assembly shall
meet and elect one of its members as its presiding officer, who shall have the
title of Mayor. The Mayor shall
have a voice and vote in all Assembly proceedings.
He shall be the official head of the Town for all purposes, including
ceremonial functions. He shall
perform such other duties as may be prescribed by this Charter or as may be
imposed by the Assembly, consistent with such office.
The Mayor shall serve in such capacity at the pleasure of the Assembly.
The Assembly also shall designate one of its members as Mayor Pro
Tempore. The Mayor Pro Tempore
shall perform the duties of the Mayor during his absence or disability. Section
608. Powers of the Assembly
All powers of the Town of Cochiti Lake shall be vested in the Assembly,
subject to the provisions of this Charter.
The Assembly shall take no action, however, except during a duly called
meeting. The Assembly may not
delegate any of its legislative powers. Section
609. Regular Meetings of Assembly
The Assembly shall hold regular meetings as least once each month, at
such times as it shall fix by ordinance, and may adjourn any regular or
adjourned regular meeting to a date certain, which shall be specified in the
order of adjournment, and when so adjourned, each adjourned meeting shall be a
regular meeting for all purposes. Section
610. Special Meetings of Assembly Special
meetings may be called at any time by the Mayor or by three (3) members of the
Assembly, by written notice to each member at least seventy-two (72) hours
before the time specified for the proposed meeting.
A special meeting also shall be validly, called, without the giving of
such written notice, if all members shall give their consent, in writing, to the
holding of such meeting, and such consent is on file in the office of the Town
Clerk at the time of holding such meeting.
A telegraphic communication from a member consenting to the holding of a
meeting shall be considered a consent in writing. Section
611. Place of Meeting
Regular meetings of the Assembly may be held at any place designated by
resolution of the Assembly. Special
meetings of the Assembly may be held at any place designated by the Mayor or
majority of the members of the Assembly in the written notice of such meeting.
However, in the event that such meeting is held outside of the boundaries
of the Town of Cochiti Lake, then such notice must be posted in at least three
public places within the boundaries of the Town, as specified by ordinance of
the Assembly, 48 hours prior to such meeting. Section
612. Meetings Open to Public
All meetings of the Assembly and such other boards or advisory agencies
appointed by it or provided herein, shall be open to the public. Section
613. Assembly Proceedings
Three (3) members of the Assembly shall constitute a quorum to do
business, except for the purpose of filling vacancies on the Assembly, in which
case a majority of the remaining members shall constitute a quorum. Less than a quorum may adjourn from time to time any meeting
of the Assembly. The Town Clerk
also may adjourn any meeting of the Assembly to a time and place certain in the
absence of all members of the Assembly.
The Assembly shall Judge the qualifications of its members as set forth
by this Charter and shall judge all election returns.
The Assembly may establish rules for the conduct of its proceedings not
in conflict with any provision of this Charter, and may punish any member or
other person for disorderly conduct at any meeting.
It shall have the power an authority to compel the attendance of
witnesses, and to compel the production of evidence before it.
Subpoenas may be issued in the name of the Town and be attested by the
Town Clerk. Section
614. Adoption of Ordinances and Resolutions With
the sole exception of ordinances which take effect upon adoption, hereinafter
referred to, no ordinance shall be adopted by the Assembly on the day of its
introduction, nor within five (5) days thereafter.
At the time of adoption of an ordinance, it shall be read in full,
unless, after the reading of the title thereof, the further reading thereof is
waived by unanimous consent of the Assemblymen present.
In the event that any ordinance is altered after its introduction, the
same shall be reintroduced and not finally adopted except at a meeting held not
less than five (5) days after the date upon which such ordinance is so
reintroduced. Correction of
typographical or clerical errors shall not constitute the making of an
alteration within the meaning of the foregoing sentence.
The affirmative votes of at least three (3) members of the Assembly shall
be required for the enactment of any ordinance.
Any ordinance declared by the Assembly to be necessary as an emergency
measure for the preservation of the public peace, health or safety and
containing a statement of the reasons for its urgency may be introduced and
adopted at one and the same meeting if passed by at least four (4) affirmative
votes. Section
615. Codification of Ordinances Any and all ordinances of the Town which have been enacted, and which have not be repealed, may and within three years shall be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. When a code is prepared not less than three (3) copies thereof shall be maintained on file, for use and examination by the public, in the office of the Town Clerk. Subsequent amendments to sections of such code shall be enacted in the same manner as herein required for the amendment of ordinances generally. Section
616. Ordinances – When Effective
No ordinance shall become effective until thirty (30) days from and after
the date of its adoption, except the following, which shall take effect upon
adoption: ARTICLE
VII Section
700. Composition
The Joint Commission on Pueblo-Town Relations shall consist of six
(6) members. Section
701. Selection Three
(3) members of the Joint Commission on Pueblo-Town Relations shall be appointed
by the Council of the Pueblo of Cochiti, two (2) members shall be appointed by
the Assembly and one (1) member shall be appointed by the Lessee. Section
702. Term
Members of the Joint Commission on Pueblo-Town Relations shall serve at
the pleasure of the appointing entity. Section
703. Compensation
The members of the Joint Commission on Pueblo-Town Relations shall be
compensated by the Town at the same rate at which members of the Assembly are
compensated and shall be reimbursed for necessary travel and other expenses when
on official duty on the same basis as members of the Assembly. Section
704. Responsibilities
The Joint Commission on Pueblo-Town Relations shall discuss all matters
of mutual interest to the Pueblo, the Town and the Lessee.
It may pass resolutions of an advisory nature for consideration by the
Pueblo, the Town, and the Lessee. Section
705. Regular Meetings
The Joint Commission on Pueblo-Town Relations shall hold regular meetings
once each month, at such times as it shall fix by resolution, and may hold
special meetings by unanimous consent of its entire membership. Section
706. Place of Meeting
Regular and special meetings of the Joint Commission on Pueblo-Town
Relations may be held at any place set by resolution of the commission. Section
707. Proceedings Four (4) members of the Joint Commission on Pueblo-Town Relations shall constitute a quorum to do business. Section
800. Appointment of Assembly
The Assembly shall appoint a Town Clerk, Town Attorney, Town
Administrator, and Town Treasurer, and may appoint a Town Engineer, Building
Official, Fire Chief, Chief of Police, and such other officers deemed necessary
or desirable. Such officers shall
serve at the pleasure of the Assembly and the powers and duties of such officers
shall be as prescribed by ordinance of the Assembly, except as otherwise
provided herein. One person may be
appointed as two or more such officers. The
duties to be performed, by any of the officers of the Town may be performed, by
agreement of the Assembly, by such appropriate officers of another political
entity. Section
801. Powers and Duties of Town Clerk
The Town Clerk shall have the powers and be required to: Attend
all meetings of the Assembly and record a full and true record of all the
proceedings of the Assembly in books that shall bear appropriate titles and be
devoted to such purposes. Such books shall have a general index sufficiently
comprehensive to enable a person readily to ascertain matters contained therein;
Maintain ordinance and resolution books, into which shall be recorded all Town
ordinances and resolutions with the certificate of the Town Clerk annexed to
each thereof stating the same to be a correct copy, and giving the number of
said ordinances or resolutions; Take affidavits or depositions pertaining to the
affairs and business of the Town; and Certify copies of official records. Section
802. Powers and Duties of Town Treasurer The Town Treasurer shall be custodian of all public funds, which shall not be construed to include the Cochiti Lake Improvement Trust Fund, belonging to or under the control of the Town, or of any office, department or agency thereof, and shall have the power and be required to: Receive and have custody of all monies receivable by the Town from any source; Deposit all monies received in such depositories as may be designated by resolution of the Assembly and in compliance with all other applicable laws; Disburse money on demands properly audited in the manner provided in this Charter; Prepare and submit to the Assembly monthly written reports of all receipts, disbursements and fund balances; Maintain a general accounting system for the Town government and each of its offices, departments and agencies; Submit
to the Assembly a complete financial statement and report, audited by an
independent accounting firm, at the end of each fiscal year, showing the exact
financial condition of the Town; Perform
all the necessary functions of tax collector. Section
803. Town Attorney The Town Attorney shall have the power and be required to: Represent and advise the Assembly and all Town officers in all matters of law pertaining to their offices; Represent and appear for the Town and any Town officer or employee or former Town officer or employee, in any and all actions and proceedings in which the Town or any such officer or employee, in or by reason of his official capacity, is concerned or is a party, but the Assembly shall have the control of all legal business and proceedings and may employ other attorneys to take charge in any litigation or matter or to assist the Town Attorney therein; Attend all meetings of the Assembly, unless excused, and give his advise or opinion in writing whenever required to do so by the Assembly, or by any of the boards or agencies or officers appointed by the Assembly or provided for herein; Prepare
upon request any and all proposed ordinances or resolutions for the Town and
amendments thereto. Section
804. Powers and Duties of Chief of Police The Chief of Police shall employ such number of policemen and other staff as shall be authorized by the Assembly. The Town police force is hereby authorized to enforce within the confines of the Town against Indians such laws and ordinances as the Pueblo may enforce against them. Any Indian arrested by the Town police force shall promptly be turned over to appropriate authorities of the Pueblo. The
Chief of Police is authorized with the consent of the Assembly, to enter into an
agreement with appropriate authorities of the State of New Mexico for the
enforcement within the confines of the Town against non-Indians of the laws of
the State of New Mexico. Section
805. Powers and Duties of Town Administrator The Town Administrator shall be appointed by a majority vote of the Assembly and shall hold office for and during the pleasure of the Assembly. He shall be chosen by the Assembly solely on the basis of his executive and administrative qualifications in the field of local government. He need not be a resident of the Town. No Assemblyman shall be appointed as Town Administrator during the term for which he shall have been elected or appointed nor within one (1) year after the expiration of his term, except upon the unanimous consent of all members of the Assembly. The Town Administrator shall appoint, subject to the approval of the Assembly, one of the other officers of the Town to serve as Administrator Pro-Tempore during any temporary absence or disability of the Town Administrator. The Town Administrator shall receive such compensations as the Assembly shall from time to time determine and fix by resolution, and shall be reimbursed for sums necessarily incurred or paid by him in the performance of his duties or when traveling on business pertaining to the Town under direction of the Assembly. The
Town Administrator shall be the administrative head of the government of the
Town, under the direction and control of the Assembly, except as otherwise
provided in this Article. He shall
be responsible for the efficient administration of all of the affairs of the
Town which are under his control. ARTICLE
IX Section
900. Parks and Recreation The Town may own, lease, license, operate and maintain any parks, open spaces and recreational facilities either within or outside the boundaries of the Town. The Assembly may make such charges for use of its recreational facilities as it finds necessary or desirable; provided, however, the Assembly shall recognize all rights and privileges of persons who hold recreation privilege cards issued by Lessee and further no such charge shall be imposed upon the members of the Pueblo de Cochiti and their immediate families. The Assembly may appoint a Parks and Recreation Board to administer parks, open spaces and recreational facilities. ARTICLE
X. BOARD
OF ZONING ADJUSTMENT Section
1000. Board of Zoning Adjustment The Assembly shall appoint a Board of Zoning Adjustment to administer the zoning powers delegated to the Town by this Charter. Such Board shall consist of five (5) members and shall have such powers and duties granted to them by the Assembly as are consistent with the provisions of this Charter. The Assembly may act as the Board of Zoning Adjustment. ARTICLE XI. APPOINTIVE BOARDS AND COMMISSIONS Section 1100. Appointive Boards and commissions
The Assembly may create by ordinance such boards, agencies or commissions as in
it judgment are required in addition to those enumerated in this Charter, and
may grant to them such powers and duties are consistent with the provisions of
this Charter. ARTICLE
XII Section
1200. Official Bonds
The Assembly shall fix by ordinance the amounts and terms of the official
Bonds of all officials or employees, in a form approved by the Town Attorney.
All such bonds shall be filed with the Town Clerk.
The bond of the Town Clerk shall be filed with the Town Administrator.
The premiums on official bonds shall be paid by the Town. In all cases wherein an employee of the Town is required to furnish a fidelity bond, there shall be no personal liability upon, or any right to recover against, his superior officer or other officer or employee, or the bond of the latter, unless such superior officer, or other officer or employee is a part to, or has conspired in, the wrongful act causing directly or indirectly the loss. Section
1201. Conflicts of Interest No
member of the Assembly shall be financially interested, directly or indirectly,
in any contract, sale or transaction to which the Town is a party, neither shall
any officer or employee, or member of any board, agency or commission of the
Town, be interested in any contract, sale or transaction to which the Town is a
party, and which comes before said officer or employee, or member of such board,
agency, or commission, or the department or office of the Town with which he is
connected, for official action. No member of the Assembly, Town official or employee, or member of any board, agency or commission, shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation by reason of (i) the ownership of stock in such corporation, unless such stock owned by him shall amount to at least three per cent (3%) of all of the issued and outstanding stock of such corporation, or (ii) his employment by or being an officer of such corporation. Section
1300. Scope
The Town shall have the power to make and enforce land use regulations
through exercise of the zoning power, subject to the limitations imposed by the
Master Plan, Architect’s Design, comprehensive plans, and specifications,
including any amendments thereto, as approved pursuant to Sections 8 and 9 of
the Master Lease. Section
1301. Administration The zoning powers of the Town shall be administered by the Board of Zoning Adjustment in the manner determined by ordinance of the Assembly. Section
1400. Subdivisions
Control and regulation of divisions of land within the territory of the
Town, for purposes of present or prospective sale, lease or financing, including
approval of tentative and final subdivision tract maps, shall be exercised by
the Town under procedures and standards adopted by ordinance of the Assembly,
subject to the limitations imposed by the Master Plan, Architect’s Design,
comprehensive plans, and specifications, including any amendments thereto, as
approved pursuant to Sections 8 and 9 of the Master Lease. ARTICLE
XV Section
1500. Building Regulations
The construction, alteration and repair of buildings and structures
within the Town of Cochiti Lake shall be regulated by ordinance of the
Assembly, which may adopt Uniform Codes by reference, subject to the
limitations imposed by the Master Plan, Architects Design, comprehensive plans,
and specifications, including any amendments thereto, as approved pursuant to
Sections 8 and 9 of the Master Lease. Section
1600. General Elections
General elections for the filling of elective offices shall be held in
the Town on the second Tuesday in April of every odd numbered year. Section
1601. Special Elections All other elections of the Town that may be held by authority of this Charter, or of any other law, shall be known as Special Elections. Section
1602. Procedure for Holding Elections All Elections shall be held as provided by ordinance of the Assembly. Section
1603. Initiative, Referendum and Recall
The right of the initiative and referendum and of the recall of elective
officers are reserved to the electors of the Town, from and after such time as
there are more than 300 residents in the Town.
The procedures for initiative, referendum and recall of elected Town
officers, shall be established by ordinance of the Assembly. ARTICLE
XVII Section
1700. Fiscal Year The fiscal year of the Town government shall begin on the 1st day of July of each year and end on the 30th day of June in the following year. Section
1701. Tax and Assessment System The
Assembly shall have the power, and it shall be their duty, to provide by
ordinance a system for the assessment, levy and collection of all town taxes.
The taxes referred to herein shall include, but not be limited to, ad
valorem property taxes, sales taxes, use taxes, and payroll taxes.
The Assembly may also provide for general and special assessments.
To the extent that funds are not available from other sources of the Town
to satisfy its current obligations, an ad valorem property tax shall be assessed
and collected for the purpose of paying such obligations.
The system of assessment, levy and collection of Town Taxes, however,
shall not place an encumbrance upon or subject to sale, any interest of the
Pueblo under the Master Lease nor shall failure to pay such assessment or tax
create a lien on the fee title in the land.
Ninety days following the conclusion of each fiscal year, one percent
(1%) of all taxes collected in such fiscal year under the provisions of this
section shall be paid over to the pueblo. Section
1702. Tax Limit Unless authorized by the affirmative votes of a majority of the electors voting on the proposition in any election in which the question is submitted to the electors, the ad valorem property tax of the Town shall not exceed $1 for each $100 of assessed value of taxable property in the Town. This section does not prevent the Town from having a validly contracted bonded indebtedness or from levying and collecting taxes for payment of such indebtedness and the interest thereon, in addition to the taxes authorized to be levied and collected pursuant to this Article. Section
1703. Contract for Public Works
Every contract involving an expenditure of more than $5,000 for the
construction or improvement, excluding maintenance and repair, of public
buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and
each separate purchase of materials or supplies for the same, where the
expenditure required for such purchase shall exceed the sum of $5,000, shall be
let to the lowest responsible bidder, after due notice in the manner prescribed
by ordinance of the Assembly.
The method of determining the lowest responsible bidder, the rejection of
bids, and procedures for performance of the proposed work if no bids are
received, shall be established by ordinance of the Assembly.
However, in every instance, such contracts, in excess of $5,000 shall not
be entered into by the Town unless and until approved by the Council of the
Pueblo de Cochiti, and when required with the consent of the Secretary of the
Interior and/or the United States Army Corps of Engineers. Section
1704. Use of Cochiti Lake Improvement Trust Fund Money No
expenditures of money in the Cochiti Lake Improvement Trust Fund shall be
authorized by the Assembly without the prior written approval of the Trustee. |