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HomeMy WebLinkAbout1963-0360 - Ordinance - 01/31/19630 0 BOORUM & PEASE ORDINANCE NO. 360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ORDERING THE SUBMISSION OF FIVE AMENDMENTS TO THE CITY CHARTER OF THE CITY OF COLLEGE STATION AT THE REGULAR MUNICIPAL ELECTION OF APRIL 2, 1963, PROVIDING FOR NOTICE OF THE ELECTION, POLLING PLACES AND JUDGES, PRESCRIBING THE FORM OF THE BALLOT, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1 That an amendment to the existing charter of the City of College Station, Texas, be submitted by the city council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at the regular municipal election of April 2, 1963, so as to amend Section 28 of Article III of said charter to read as follows: Section 28. Upon recommendation by the mayor and approval by the city council there shall be appointed a city secretary and such assistant city secretaries as may be deemed advisable. The city secretary, or an assistant city secretary, shall give notice of council meetings, shall keep a journal of its proceedings, shall authenticate by his signature and record in full in a book or books kept and indexed for the purpose all ordinances and resolutions and shall perform such other duties as the city council shall assign to him, and those elsewhere provided for in this charter. SECTION 2 That an amendment to the existing charter of the City of College Station, Texas, be submitted by the city council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at the regular municipal election of April 2, 1963, so as to amend Section 30 of Article III of said charter to read as follows: Section 30. The city council shall appoint a competent and duly licensed attorney, preferably one residing in the City of College Station, who shall be its city attorney. He shall receive for his services such compensation as may be fixed by the city council and shall hold office at its will and pleasure. The city attorney shall represent the city in all litigation. He shall be the legal adviser of and attorney and counsel for the city and all officers and departments thereof. '07 BOORUM & PEASE BOORUM & PEASE "Niter R" The city attorney shall have power to appoint an assistant or assist- ants if deemed necessary by him, subject to the approval of and at such compensation as may be fixed by the city council; and such assistant or assistants may hold office at the will of the city attorney, so long as he continues in that office. SECTION 3 That an amendment to the existing charter of the City of College Station, Texas, be submitted by the city council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at the regular municipal election of April 2, 1963, so as to amend Sub- sections (10), (11) and (12) of Section 46 of Article V of said charter to read as follows: (10) A revenue and expense statement for all types of bonds and other obligations of the city, (11) A description of all outstanding bonds and other obligations of the city, showing as to each issue, the rate or rates of interest, the date of the issue, the maturity date or dates, the amount authorized, the amount issued, and the amount outstanding. (12) A schedule of requirements for the principal and interest on each issue of bonds and other obligations of the city. SECTION 4 That an amendment to the existing charter of the City of College Station, Texas, be submitted by the city council of the City of College Station, Texas, to the electorate of the City of College Station at the regular municipal election of April 2, 1963, so as to amend Article VI of said charter to read as follows: ARTICLE VI CITY BONDS AND TIME WARRANTS GENERAL OBLIGATION BONDS Section 62. The City of College Station shall have the power to borrow money on the credit of the city anAto issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the city previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas. REVENUE BONDS Section 63. The City of College Station shall have the power 00868 BOORUM & PEASE "Near R" /1 to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the Constitution and laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby; and to issue revenue refunding bonds to evidence the obligation created thereby; and to issue revenue refunding bonds to refund outstanding revenue bonds previously issued. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, pledged, or the income therefrom, or both, and shall never be a debt of the city. All such bonds shall be issued in conformity with the laws of the State of Texas. INCONTESTABILITY OF BONDS Section 64. All bonds of the city, having been issued and sold and having been delivered to the purchasers thereof, shall thereafter be incontestable; and all bonds issued to refund outstanding bonds shall, after such issuance, be incontestable. TIME WARRANTS Section 65. The city shall have the authority to issue time warrants of the city, and to issue refunding bonds to refund outstanding time warrants previously issued. All such time warrants and bonds shall be issued in conformity with the laws of the State of Texas. INVESTMENTS Section 66. Any surplus in any interest and sinking fund may be invested with approval of the city council in securities of the United States of America, bonds of the State of Texas, and bonds of the City of College Station; and any such surplus may be used for the purchase and retirement of bonds or time warrants not yet due, for which said interest and sinking fund was created. Any surplus in the general fund of the city may be invested with approval of the city council in securities of the United States of America, bonds of the State of Texas, and bonds of the City of College Station; and any such surplus may be used for the purchase and retirement of bonds or time warrants of the city which are not yet due. SECTION 5 That an amendment to the existing charter of the City of College Station, Texas, be submitted by the city council of the City of College Station, Texas, to the electorate of the City of College Station at the regular municipal election of April 2, 1963, so as to amend Sections 75 and 76 of Article VII of said charter to read as follows: Section 75. The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $2,000. Any expenditure involving more than $2,000 BOORUM & PEA; must be expressly approved in advance by the city council. All contracts for purchases involving more than $100 shall be let to the lowest and best bid by a responsible bidder. Where an expenditure of more than $2,000 is involved, notice of the time and place when and where such contract shall be let shall be published in a newspaper in the City of College Station once a week for two consecutive weeks prior to the time of making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids, and provided further that nothing herein shall apply to the contract for personal or professional services or to work done by the city and paid for by the day or as such work progresses. Section 76. Any city improvement costing more than $2,000 shall be executed by contract except for such improvements as authorized by the city council to be executed directly by a city department in conformi- ty with detailed plans, specifications and estimates. All such contracts for more than $2,000 shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordi- nance, provided the city council shall have the power to reject all O bids and advertise again. Alterations in any contract may be made when authorized by the city council upon the written recommendation of the city amanager, provided such alterations do not increase the costs to the city moreth ( lO°/ ) cent than an ten o per more an the original amount. (fJ� 0 SECTION 6 z That the aforesaid five amendments shall be submitted to the qualified W voters within the City of College Station, Texas, for acceptance or rejection W at the regular municipal election following the adoption of this ordinance. Wt At such election the amendment first above set out shall be submitted at a- said election under the question: c "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will permit the appointment C) of assistant city secretaries?" 0 fl The second proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will eliminate the require- ment that any attorney appointed city attorney of the City of College Station, Texas, shall be a resident of the City of College Station?" The third proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Home Rule Charter 00870 n wit C� � of the City of College Station, Texas, which will require that all finan- : cial obligations of the city, rather than just the bonded indebtedness, be listed in each proposed budget of the City of College Station?" BOORUM & PEASE BOORUM & PEASE "�"Ft" The fourth proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will change the procedure for the issuance and sale of bonds, and in addition authorize the sale of time warrants by the City of College Station in accordance with the general laws of the State of Texas?" The fifth proposed amendment shall be .submitted to the voters under the question: "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which eliminates the requirement of competitive bidding on items procured by the city at a cost of not less than $l00 nor more than $2,000, and further requires that all city improve- ments whose cost is in excess of $2,000, rather than the present limit of $1,000, shall be by executed contract except where such improvements are authorized by the city council under other procedure?" SECTION 7 Polling places shall be as follows: Ward I. A & M Consolidated School with L. G. Jones as judge and Mrs. F. R. Brison and Mrs. H. E. Burgess as clerks; Ward II. College Hills Elementary School with F. L. Thomas as judge and Mrs. Codie Wells and Mrs. Charles Richardson as clerks; Ward III. City Hall with F. H. Mathews as judge and Mrs. William Smith and Mrs. Ed Whitten as clerks. Polls shall be opened at 8:00 a.m. and closed at 7:00 p.m. SECTION 8 The form of the ballot to be used in such election shall be substan- tially as follows: "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will permit the appointment of assistant city secretaries?" Yes No "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which wil]eliminate the require- ment that any attorney appointed city attorney of the City of College Station, Texas, shall be a resident of the City of College Station?" Yes No "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will require that all finan- cial obligations of the city, rather thanjast the bonded indebtedness, be listed in each proposed budget of the City of College Station?" Yes No e "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which will change the procedure 2f for the issuance and sale of bonds, and in addition authorize the sale of time warrants by the City of College Station in accordance with the general (J laws of the State of Texas?" WYes No cls "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which eliminates the requirement of competitive bidding on items procured by the city at a cost of not less C) than $100 nor more than $2,000, and further requires that all city improve- () ments whose cost is in excess of $2,000, rather than the present limit of $1,000, shall be by executed contract except where such improvements are authorized by the city council under other procedure?" Yes No Those desiring to vote in favor of the proposed amendments submitted shall strike out the word "No" and those desiring to vote against such amendment shall strike out the word "Yes". SECTION 9 The city secretary is hereby ordered and directed to mail a copy of each of the proposed amendments to each qualified voter of the City of College Station as such list appears from the tax rolls of the said City of College Station for the year ended December 31, preceding said election, which notice shall be mailed not less than thirty days prior to said election as provided by Article 1167 of the Revised Civil Statutes of Texas. SECTION 10 ,i, A copy of this ordinance signed by the mayor of the City of College 4�' Station, Texas, and attested by the city secretary of the City of College W ‹C 00872 W CL BOORUM 8 BOORUM & PEASE "N. J R." Q Station, Texas, under the seal of said city shall serve as a notice of such election. The mayor is hereby ordered and directed to cause a notice of said election to be posted in the City Hall of the City of College Station, Texas, and at two other public places in the City of College Station, Texas, for at least thirty full days prior to the date of said election. The mayor is further directed to have notices of said election published in said City of College Station in some newspaper of general circulation in said city, which notice shall be published on the same day for one day each week for two successive weeks prior to said election, the first of said notices to appear not more than 14 days prior to the date of such election. SECTION 11 The fact that the present charter provides no provision for assistant city secretaries, does not require interest-bearing obligations of the city to appear on the budget, requires the city attorney to be a resident of the City of College Station at the time of appointment, contains a cumbersome procedure for the issuance of and sale of bonds, and requires competitive bidding on items procured by the city costing more than $100 and less than $2,000, creates an emergency and an imperative public necessity for the suspension of any rules requiring ordinances to be read at more than one meeting, and any such rules are hereby suspended, and it is ordained that this ordinance shall take effect immediately upon its passage and approval. Passed, adopted and approved this 31st day of January, A.D. 1963. ATTEST: ciAzimj„,yry City Secreta y APPROVED: Mayor 06073