Section 11.1 Water Rights in Annexation:

The City shall have power to purchase, or obtain, such existing water rights as may be used upon, or allotted to, any land which is annexed to the City.

Section 11.2 Restriction on Sales of Land and Water Rights:

Neither lands owned and used by the City for park or governmental purposes, nor water rights, shall be sold or conveyed without an affirmative vote of a majority of the qualified tax-paying electors of the City voting thereon, at any special or general election. Nothing in this provision, however, shall prohibit the City from exchanging, or changing point of diversion of water rights without such vote.

Section 11.3 Notice Required on Negligence Action:

No action for the recovery of compensation for personal injury, or death, or property damages against the city on account of its negligence, shall be maintained unless written notice of time, place, and cause of injury is given to the Director of Finance by the person injured, his agent or attorneys, within sixty days, and the action is commenced within two years of the occurrence of the accident causing the injury, or death, or property damage. The notice given under the provisions of this section shall not be deemed invalid or insufficient solely by reason of inaccuracy in stating the time, place, or cause of injury, if it is shown that there was no intention to mislead and that the City was, in fact, not mislead thereby.

Section 11.4 Right of Eminent Domain:

The City shall have the right of eminent domain as provided by the Constitution and the Statutes of the State of Colorado.

Section 11.5 Authority to Levy Taxes:

The Council shall have the power to levy and collect real property taxes. All existing taxes shall remain in force until repealed by ordinance. The Council may levy and collect such other taxes as may be lawful in the State of Colorado, upon approval of a majority vote of the qualified electors. The council may levy and collect assessments for local improvements, penalty assessments, licenses, fees and permits by ordinance.

Section 11.6 Contracts with Other Governmental Units:

The Council may, by resolution or by ordinance, enter into contracts or agreements with other governmental units or special districts for the use of buildings, equipment, or facilities, and for furnishing or receiving commodities or services.

Section 11.7 Bequests, Gifts, and Donations:

The Council, on behalf of the City, may receive bequests, gifts, and donations of all kinds of property in fee simple, or in trust, for public, charitable, or other purposes, and do all things and acts necessary to carry out the purpose of such gifts, bequests, and donations, with the power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust.

Section 11.8 Purchases:

The Council shall establish by ordinance procedure for entering into contracts for purchases and contract for construction of public works.

Section 11.9 City Not to Pledge Credit:

The City shall not lend or pledge its credit or faith, directly or indirectly, or in any manner to, or in aid of any person, corporation, or other organization, public or private, for any amount or any purpose whatsoever, or become responsible for any debt, contract, or liability thereof.

Section 11.10 Article and Section Headings:

The article and section headings used in this Charter are for convenience only, and shall not be considered as part of this charter.

Section 11.11 Amendments:

This Charter may be amended at any time in the manner provided by the Constitution of the State of Colorado. Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

Section 11.12 Sundays and Holidays:

Whenever the date fixed by this Charter, or by ordinance, for the doing or completion of any act falls on a Sunday or legal holiday, such act will be done or completed on the next succeeding day which is not a Sunday or a legal holiday.

Section 11.13 Temporary Zoning:

In all proceedings for the annexation of territory to the City, the Council may determine temporary zoning and establish temporary zoning district or districts for the newly annexed territory at the time of the annexation of any territory to the City. Immediately upon annexation of any territory the Council shall comply with the statutory procedure for permanent zoning.

Section 11.14 Interpretations:

A.    All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.

B.    The singular number shall include the plural, the plural number shall include the singular, and the masculine gender shall extend to and include the feminine gender and the neuter.

C.    The word “person” may extend and be applied to bodies politic and corporate, and to partnerships, trusts, and associations as well as to individuals.

D.    The word “publication” shall mean publishing in a newspaper of general circulation within the City. Only in time of emergency or disaster, or when no such newspaper is available, the requirements for publication may be met by posting such notice in at least one conspicuous place in each voting precinct within the City. Any notice published by posting shall be published in a newspaper of general circulation within the City as soon as such newspaper is again available.

E.    Except in reference to signatures, the words “written” and “in writing” shall include printing, typewritten, engraving, stencil duplicating, lithographing, or any similar method.

F.    The word “statute” shall denote the laws of the State of Colorado in effect at the time the provision of the Charter containing the word “statute” is to be applied.

G.    The word “City” shall mean the City of Gunnison, Colorado, a municipal corporation.

H.    The term “taxpaying elector” or “qualified taxpaying elector” shall be held to mean and include only those persons who are qualified voters under the registration and election laws of this state and who, in the calendar year last preceding the election at which such vote is offered, shall have paid a tax or be liable for the payment of such tax upon real or personal property assessed to them and owned by them in the city where such vote is offered. The taking or placing of the title to property in the name of another, or the payment of taxes or the taking or issuing of a tax receipt in the name of another, for the purpose of attempting to qualify such person as a “taxpayer” or as a “taxpaying elector” or as a “qualified taxpaying elector” shall be deemed a fraud against the ballot and any ballot cast by such person shall be void.

I.    The words “qualified elector” shall mean a resident of the City who is qualified to vote under the Constitution and Statutes of the State of Colorado.

J.    The term “public utility” or “public utility corporation” when used in this Charter shall mean any person, firm, or corporation operating heat, power or light systems, communication systems, water, sewer or scheduled transportation systems, and serving or supplying the public. It shall not include any person, firm, or corporation owning or operating sidetracks or switches for the accommodation of manufacturing plants and business houses, or private telephone lines, and shall not include City-owned utilities within the corporate boundaries of the City of Gunnison.