HomeMy WebLinkAbout1992-1955 - Ordinance - 05/06/1992ORDINANCE NO. 1955
AN ORDINANCE APPROVING THE RETURNS OF THE ELECTION HELD ON
THE 2ND DAY OF HAY, 1992, FOR THE PURPOSE OF AMENDING THE
CITY CHARTER, AND HAKING FINDINGS AS TO THE AMENDMENTS WHICH
PASSED, ORDERING THE CHANGES TO THE CITY CHARTER AS APPROVED
BY THE VOTERS AT SUCH ELECTION AND DIRECTING THE CITY
SECRETARY TO ACCOMPLISH THE PRINTING AND DISTRIBUTION OF
SAME o
WHEREAS, on the 2nd day of May, 1992, an election was held
for the purpose of amending the City Charter, pursuant to
proposed charter amendments submitted to the public by
Ordinance 1944, and said election having been held in
accordance with Ordinance 1944, and procedure for same in
all respects conforming to the provisions of the Texas
Election Code; and
WHEREAS, it appears from said returns, duly and legally
made, that there were cast at said election 2217 valid and
lawful votes; and
WHEREAS, the returns were canvassed, considered and
accepted, and the voters did by said election approve all
nine amendments to the City Charter of the City of College
Station;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION:
Section Z
That the city Council does hereby accept the election
returns heretofore canvassed by the appropriate election
officials, and does affirmatively find that all nine
amendments to the City Charter were approved by the voters
as follows:
PROPOSITION
Do you favor amending Article III, Section 24, and
Article IV, Section 42, authorizing the city Council to
delegate to the City Manager the responsibility to
designate a properly qualified person to perform the
City Manager's duties during times when he is i11, out
of town for business, or on vacation?
For 1786
Against 293
Ordinance No. 1955 Page 2
PROPOSITION
Do you favor repealing Article VII, Section 70, and
amending Article V, Section 60, allowing that if the
City Manager certifies that revenues are in excess of
those estimated in the budget the city Council may make
supplemental appropriations for the fiscal year up to
such excess amount; that the City Council may make
appropriations for any public emergency, but if no
appropriated revenues or fund balances are available,
emergency notes may be used which may be renewed from
time to time but which shall not be paid later than the
last day of the next fiscal year; that the City Manager
shall report to the City Council during the fiscal year
if revenues or funds will be insufficient to meet
appropriated amounts and indicate the estimated deficit
and any remedial action taken, and the City Council
shall take action to prevent or reduce any deficit and
may reduce one or more appropriations; that the city
Manager may transfer any unencumbered appropriation
balance or portion thereof between general
classifications of expenditures within an office,
department, or agency. At the City Manager's request,
the Council may by resolution transfer any unencumbered
appropriation balance or portion thereof from one
office, department, or agency to another; and that no
appropriation for debt service may be reduced or
transferred, and that no appropriation may be reduced
below any amount required by law or by more than the
amount of the unencumbered balance thereof?
For 1333
Against 523
PROPOSITION III
Do you favor repealing Article VII, Section 72, and
amending Article V, Section 61, allowing that all
appropriations shall lapse at the end of the fiscal
year to the extent that they shall not have been
expended or lawfully encumbered, in place of the
current Charter provision?
For 1376
Against 472
PROPOSITION IV
Do you favor an amendment to Article VII, Section 69,
removing the Director of Finance's responsibility for
assessment of all property within the City limits for
Ordinance No. 1955 Page 3
taxation, preparation of tax maps, and notice of such
taxes and special assessments as may be required by
law?
For 1356
Against 445
PROPOSITION V
Do you favor an amendment to Article VII, Section 75,
requiring that expenditures for city improvements shall
be made pursuant to the requirements of Local
Government Code Chapter 252 (Vernon 1991), as amended
from time to time, and that all contracts and purchases
shall be handled so as to obtain the best value for the
city, with bids or quotes solicited whenever
practicable, in place of the current Charter provision?
For 1694
Against 204
PROPOSITION VI
Do you favor an amendment to Article VII, Section 76,
requiring that expenditures for city improvements shall
be made pursuant to the requirements of Local
Government Code Chapter 252 (Vernon 1991), as amended
from time to time, and the all contracts and purchases
shall be handled so as to obtain the best value for the
City, with bids or quotes solicited whenever
practicable, in place of the current Charter provision?
For 1689
Against 210
PROPOSITION VII
Do you favor an amendment to Article IX, Section 95,
revising the filing deadline for candidacy for election
to the College Station city Council from thirty (30)
days to forty-five (45) days prior to the election, and
deleting the petition requirement for candidates for
City Council?
For 1346
Against 594
PROPOSITION VIII
Do you favor an amendment to Article X, Section 112,
lowering the number of qualified electors required on a
recall petition from fifty-one percent (51%) to forty
percent (40%) of the total number of votes cast for the
Ordinance No. 1955 Page 4
office in question at the last regular municipal
election at which the office in question was filled?
For 1208
Against 636
PROPOSITION IX
Do you favor an amendment to Article XII, Section 131,
requiring that an employee of the City immediately
forfeits employment with the City if he or she becomes
a candidate for election to the College Station City
Council?
For 886
Against 1017
Seotlon II
That the City Charter of the city of College Station
shall be and is hereby revised to show the following
amendments:
8eotlon 24 of &rtlole III shall bm amended to reads
The city Council shall appoint an officer of the City who
shall have the title of City Manager and who shall have the
powers and perform the duties set forth in this charter. No
Councilman shall receive such appointment during the term
for which he shall have been elected, nor within one year
after the expiration of his term. The salary of the city
Manager shall be fixed by the City Council, and he shall
hold office at its pleasure; but if he is removed at any
time after six (6) months following his appointment, he may
demand written charges and a public hearing thereon before
the City Council prior to the date on which his final
removal shall take effect, but pending such hearing the city
Council may suspend him from office. The action of the City
Council in suspending or removing the city Manager shall be
final, it being the intention of this charter to vest all
authority and fix all responsibility for such suspension or
removal in the City Council.
Seotlon 42 of Artiole IV shall be amended to reads
To perform his duties during his temporary leave of absence
or disability, the Mayor may designate by letter filed with
the City Secretary a qualified administrative officer of the
City to serve for the City Manager. Concerning out of town
business, illness, or vacation the City Manager may be
delegated authority to designate an individual to serve in
the absence of the city Manager.
Ordinance No. 1955 Page 5
Section 60 of article V shall be amended to reade
The total estimated expenditures of the general fund and
debt fund shall not exceed the total estimated resources of
each fund. The classification of revenue and expenditure
accounts shall conform as nearly as local conditions will
permit to the uniform classification as promulgated by the
Governmental Accounting Standards Board, or some other
nationally accepted classification.
If during the fiscal year the City Manager
certifies that there are available for
appropriation revenues in excess of those
estimated in the budget, the City Council, by
ordinance, may make supplemental appropriations
for the year up to the amount of such excess.
Before approval, the Council shall fix the time
and place of a public hearing on the supplemental
appropriation and shall cause to be published a
notice in the official newspaper of the City of
College Station of the hearing setting the time
and place at least five (5) working days before
the date of the hearing.
To meet a public emergency affecting life, health
and property of the public peace, the city Council
may make emergency appropriations. Such
appropriations may be made by emergency ordinance.
To the extent that there are no available
unappropriated revenues or a sufficient fund
balance to meet such appropriations, the Council
may by such emergency ordinance authorize the
issuance of emergency notes, which may be renewed
from time to time, but the emergency notes and
renewals of any such notes made during a fiscal
year shall be paid not later than the last day of
the fiscal year next succeeding that in which the
emergency appropriation was made.
If at any time during the fiscal year it appears
probable to the City Manager that the revenues or
fund balances available will be insufficient to
meet the amounts appropriated, he shall report to
the City Council without delay, indicating the
estimated amount of the deficit, any remedial
action taken by him and his recommendations as to
any other steps to be taken. The Council shall
then take such further action as it deems
necessary to prevent or reduce any deficit and for
that purpose it may by ordinance reduce one or
more appropriations.
Ordinance No. 1955 Page 6
4e
The City Manager may at any time transfer any
unencumbered appropriation balance or portion
thereof between general classifications of
expenditures within an office, department or
agency. At the request of the City Manager, the
city Council may by resolution tranefer any
unencumbered appropriation balance or portion
thereof from one office, department or agency to
another.
No appropriation for debt service may be reduced
or transferred, and no appropriation may be
reduced below any amount required by law to be
appropriated or by more than the amount of the
unencumbered balance thereof. The supplemental
and emergency appropriations and reduction of
transfer of appropriations authorized by this
section may be made effective immediately upon
adoption.
Section 61 of Article v shall be amended to read:
Ail appropriations shall lapse at the end of the fiscal year
to the extent that they shall not have been expended or
lawfully encumbered.
Section 69 of Article VII shall be amended to read:
Under the direction of the city Manager, the Director of
Finance shall have charge of the administration of the
financial affairs of the City and to that end he shall have
authority and shall be required to:
Supervise and be responsible for the disbursement
of all monies and have control over all
expenditures to ensure that budget appropriations
are not exceeded.
Maintain a general accounting system for the City
government and each of its offices, departments
and agencies; keep books for and exercise
financial budgetary control over each office,
department and agency; keep separate accounts for
the items of appropriation contained in the city
budget, each of which accounts shall show the
amount of the appropriation, the amounts paid
therefrom, the unpaid obligations against it and
the unencumbered balance; require reports of
receipts and disbursements from each receiving and
spending agency of the City government to be made
daily or at such intervals as he may deem
expedient.
Ordinance No. 1955 Page 7
Submit to the City Council through the City
Manager, at such times as the Council may
determine necessary, a statement of receipts and
disbursements in sufficient detail to show the
financial condition of the City.
®
Prepare, as of the end of each fiscal year, a
complete financial statement and report.
Collect all taxes, special assessments, license
fees and other revenues of the city of for whose
collection the City is responsible and receive all
money receivable by the City from the State or
federal government or from any court, or from any
office, department or agency of this City.
Have custody of all public funds belonging to or
under the control of the City, or any office,
department or agency of the City government, and
deposit all funds coming into his hands in such
depository or depositories as may be designated by
the City Council, subject to the requirements of
law in force from time to time as to the
furnishing of bond or the deposit of securities
and the payment of interest on deposits. Ail such
interest shall be the property of the City and
shall be accounted for and credited to the proper
account.
Have custody of all investments and invested funds
of the City government, or in possession of such
government in a fiduciary capacity, and have the
safekeeping of all bonds and notes of the city and
the receipt and delivery of City bonds and notes
for transfer, registration or exchanges.
Ge
Supervise and be responsible for the purchase,
storage and distribution of all supplies,
materials, equipment and other articles used by
any office, department or agency of the City
government.
Approve all proposed expenditures; unless he shall
certify that there is an unencumbered balance of
appropriation and available funds, no expenditure
shall be made.
Seotiom ?0 of ~rtiole YX! ia to Me re~eale~.
8eotion 72 of &rticle VIZ is to be reoeale4.
Ordinance No. 1955 Page 8
section ?S of Artlcle VII shall be amended to read:
The city shall make expenditures pursuant to the
requirements of Local Government Code Chapter 252 (Vernon
1991), as amended from time to time. All contracts and
purchases shall be handled so as to obtain the best value
for the City, with bids or quotes solicited whenever
practicable.
Seotlon 76 of Article VII shall be amended to read:
Expenditures for city improvements shall be made pursuant to
Local Government Code Chapter 252 (Vernon 1991), as amended
from time to time. All contracts and purchases shall be
handled so as to obtain the best value for the City, with
bids or quotes solicited whenever practicable.
Section 95 of Article IX shall be amended to read:
Any qualified person may have his name placed on the
official ballot as a candidate for councilman or mayor at
any election held for the purpose of electing councilmen or
mayor by filing with the city Secretary at least forty-five
(45) days prior to the date of election a sworn application
in substantially the following form:
"I, , do hereby certify that
I am a candidate for the office of ,
and request that my name be printed upon the
official ballot for that particular office in the
next city election. I am a qualified voter of the
State of Texas, and am and have been a bonafide
resident of the City of College Station, Texas,
for at least one (1) year. I am not in arrears in
the payment of any taxes or liability due the
City, nor am I otherwise disqualified or
ineligible to serve on the City Council if
elected.
I reside at , Precinct
College Station, Texas.
Signed
Section 112 of Artiole X shall be amended to read=
The recall petition to be effective must be returned and
filed with the City Secretary within Thirty (30) days after
the filing of the affidavit required in Section III of this
Article. The petition must be signed by qualified electors
of the City equal in number to at least forty percent (40%)
of the total number of votes cast for the office in question
at the last regular municipal election at which the office
in question was filled and must conform to the provisions of
Ordinance No. 1955 Page 9
Section 101 of this Article. No petition papers shall be
accepted as part of the petition unless they bear the
signature of the City Secretary as required in Section III
of this Article.
BeGtton Z~!
The City Secretary is hereby directed to add or substitute
these amendments in the city Charter of the City of College
Station, and to provide for the printing of copies of same
for distribution as needed, copies shall be made available
to the public for such price as represents their actual cost
to the city as shall be determined by the City Secretary at
the time of each subsequent printing.
PASSED AND APPROVED this the 6th day of Mav, 1992.
APPROVED:
ATTEST:
C~-~nie Hooks, City Secretary