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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