Loading...
HomeMy WebLinkAbout1983-1444 - Ordinance - 08/15/1983ORDINANCE NO. 1444 AN ORDINANCE APPROVING THE RETURNS OF THE ELECTION HELD ON THE 13TH DAY OF AUGUST, 1983, FOR THE PURPOSE OF AMENDING THE CITY CHARTER, AND MAKING 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. WHEREAS, on the 13th day of August, 1983, an election was held for the purpose of amending the City Charter, pursuant to proposed charter amendments submitted to the public by Ordinance 1427, and said election having been held in accordance with Ordinance 1427, and procedure for same in all respects conforming to the provisions of the Texas Election Code; and WHEREAS, it appears from said returns, that there were cast at said election votes; and duly and legally made, 1,481 valid and lawful WHEREAS, the returns were canvassed, considered and accepted, and the voters did by said election approve all twenty-two 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 I That the City Council does hereby accept the election returns heretofore canvassed by the appropriate election officials, and does affirmatively find that all twenty-two amendments to the City Charter were approved by the voters as follows: Do you favor~an amendment to Article III, Section 18, that would require at least thirty-four percent of the votes cast for all of the candidates for an office, for a candidate to be elected to that office? For 974 Against 439 Do you favor an amendment to Article III, Section 23, providing for the city council to establish the organization of divisions within city departments? For 876 Against 518 Do you favor an amendment to Article III, Section 29, -1- Ordinance No. 1444 deleting the current provision for the mayor to serve as alternate city judge and inserting the provision for the city council to appoint an alternate judge? For 941 Against 452 Do you favor an amendment to Article III, Section 31, which would incorporate the provisions of the Texas Open Meetings Act into the Charter? For 1,093 Against 290 Do you favor an amendment to Article III, Section 34, which would allow the city council to act by resolution or minutes order, as well as by ordinance, unless creating public debt or imposing a fine or penalty? For 817 Against 555 Do you favor an amendment to Article III, Section 37, allowing the city to begin an audit more than sixty (60) days before the end of the fiscal year? For 1,049 Against 336 Do you favor an amendment to Article IV, Section 44, which would allow the city manager to distribute the work of divisions without the necessity of passing an ordinance? For 914 Against 465 Do you favor an amendment to Article V, Section 46, which would recognize the analysis of property evaluation and tax rate on the basis of an estimated tax roll from the Central Appraisal District? For 882 Against 490 Do you favor an amendment to Article VI, Section 65 of the Charter, which could recognize statutory authority to issue other public obligations as well as bonds and -2- Ordinance No. 1444 time warrants? For Against 773 577 Do you favor an amendment to Article VI, Section 66 which would allow the city, upon approval of the city council, to invest any surplus funds in any lawful securities, accounts, certificates or other investments? For 1,052 Against 343 Do you favor an amendment to Article VII, Section 69, which would allow the city council to determine the necessary time periods for financial reports? For 967 Against Do you favor an amendment to Article VII, Section 70, which would allow the city council to transfer budgeted funds between departments or funds at any time during the fiscal year? For 829 Against 564 Do you favor an amendment of Article VII, Section 74, to incorporate into the Charter the provisions of state law pertaining to notices and the receipt of bids on the sale of public real property, in place of the current Charter provision? For 836 Against 525 Do you favor an amendment to Article VII, Section 75, to conform the amounts therein to the requirements of state law, and to provide for state law to govern purchasing procedure where inconsistent with the Charter? For 959 Against 397 Do you favor an amendment to Article VII, Section 76, to conform the amounts therein to the requirements of -3- 033 1 Ordinance No. 1444 state law, and to provide procedures for contract bidding change orders for improvement? For 954 Against 402 All or part of Article VIII, Sections 85 through 92 of the current Charter were superceded by the enactment of the Texas Tax Code. Do you favor the repeal of Sections 86, 87, 88, and 89, and the amendment of Sections 85, 90, 91, and 92 to conform the Charter to the requirements of state law? For 938 Against 359 Do you favor the amendment of Article IX, Section 93, to conform the provisions of the Charter to the Texas Election Code? For 1,065 Against 289 Do you favor an amendment to Article X, Sections 99 and 100, which would recognize the effect of state law preventing initiative and a referendum section on zoning and rezoning of land? For 829 Against 513 Do you favor the amendment of Article XII, Section 130, to incorporate the provisions of the Texas Open Records Act, Article 6252-17a, as amended from time to time? For 1,050 Against 301 Do you favor the amendment of Article XII, Section 140, to provide that liens may be created against city property by ordinance, where authorized by state law. For 847 Against 495 Do you favor an amendment to Article XII, Section 144, to incorporate into the Charter the provisions of State law pertaining to notices, bids, on the the sale of -4- Ordinance No. 1444 public real property, in place provisions? For 862 Against 482 of current charter Do you favor an amendment to Article XII, Section 148, which would delete the requirement that the list of qualified voters would be taken from the latest rolls of the Tax Collector? For 816 Against 543 Section II That the City Charter of the City of College Station shall be and is hereby revised to show the following amendments: Section 18 of Article III shall be amended to read: The City Council shall be composed of the Mayor and six Councilmen and shall be known as the "City of College Station." (a) The Mayor and other members of the City Council shall be elected from the City at large. (b) The Mayor shall be the presiding officer of the city council and shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law, but shall have no regular administrative duties. The Mayor shall be entitled to vote on all matters under consideration by the city council. (c) In each even numbered year three councilmen and a Mayor shall be elected, and in each odd numbered year three councilmen shall be elected. (d) The Mayor and each councilman shall hold office for a period of two years until his successor is elected and qualified. All elections shall be held in the manner provided in Article IX of this Charter. (e) No person shall be deemed elected to an office unless that person receives at least thirty-four percent of the votes cast for all 03.9' 3 Ordinance No. 1444 the candidates for such office. In the event that no candidate receives at least thirty-four percent of all votes cast for all of the candidates for such office, the City Council shall, on the first day following the completion of official count of the ballots cast at the first election, issue a call for a second election to be held within thirty days following the issue of such call, at which election the two candidates receiving the highest number of votes for any office in the first election in which no one was elected by receiving at least thirty-four percent of all votes cast for all candidates for such office shall again be voted for. Section 23 of Article III shall be amended to read: Ail powers of the city and the determination of all matters of policy shall be vested in the city council. Except where in conflict with and otherwise expressly provided by this charter, the city council shall have all powers authorized to be exercised by the city council by Chapter 4 of Title 28 Vernon's Annotated Civil Statutes, and acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing, and among the other powers that may be exercised by the city council, the following are hereby enumerated for greater certainty: (1) To appoint and remove the city manager. (2) To establish administrative departments and establish the organization and functions of divisions. (3) To adopt the budget of the city. (4) To authorize the issuance of bonds by a bond ordinance. (5) TO inquire into the conduct of any office, department or agency of the city and make investigations as to municiF~l affairs. (6) TO provide for a planning commission, a zoning commission and a zoning board of adjustment, and appoint the members of all such commissions and boards. The plan- ning and zoning commissions may be combined. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this charter, by city ordinance or by law. Ordinance No. 1444 (7) (8) (9) (10) (11) (12) (13) To adopt plats. To adopt and modify the official map of the city. To adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. To adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. To regulate, license and fix the charges or fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the city. To provide for the establishment and designa- tion of fire limits and to prescribe the kind and character of buildings, structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction. To prevent the construction and use of housing accommodations below standards fixed by the city council as proper for the purpose of promoting the health, safety, morals or general welfare of the city. Section 29 of Article III shall be amended to read: There shall be a magistrate of the Corporation Court known as the City Judge who shall be appointed by the city council for a term of two years coinciding with the term of the mayor. He may be removed by the city council at any time for incompetency, misconduct, malfeasance, or disability. He shall receive such salary or fees as the council may fix from time to time. The council shall appoint an alternate judge who shall serve in the Ordinance No. 1444 absence of the City Judge. Ail costs and fines imposed by the corporation court, or by any court in cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. Section 31 of Article III shall be amended to read: Not later than the second Wednesday next following each regular municipal election held under this charter, or any special election for the purpose of filling vacancies in the city council, the city council shall meet at the usual time and place for holding meetings, and the newly elected members shall qualify and assume the duties of office. Thereafter, the city council shall meet regularly at such times as may be prescribed in the rules, but not less frequently than once each month. Special meetings shall be called upon request of the mayor or a majority of the members of the city council. All meetings shall be subject to the provisions of the Texas Open Meetings Act, Article 6252-17, as it may be amended from time to time. Section 34 of Article III shall be amended to read: In addition to such acts of the city council required by statute or by this charter to be by ordinance, every act of the city council establishing a fine or other penalty, or providing for the creation of public debt as that term is used in the Texas Constitution, shall be by ordinance. All other official acts may be by resolution, ordinance, or order duly entered in the minutes. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION." Section 37 of Article III shall be amended to read: Not less than thirty (30) days prior to the end of each fiscal year, the city council shall designate a qualified public accountant or accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit the report to the city council. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any account or record of the city business, but, within specifications approved by the city council, shall post-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. Notice shall be given by publication in some newspaper of general circulation in the City of College Station that the annual audit is on file at the city hall for inspection. Ordinance No. 1444 Section 44 of Article IV shall be amended to read: The work of each administrative department may be distributed among the divisions thereof subject to approval of the City Manager. Section 46 of Article V shall be amended to read: The city manager, between thirty (30) and ninety (90) days prior to the beginning of each fiscal year, shall submit to the city council a proposed budget which shall provide a complete financial plan for the fiscal year, and shall contain the following: (1) A budget message, explanatory of the budget, which shall contain an outline of the proposed financial policies of the city for the fiscal year, shall set forth the reasons for salient changes from the previous fiscal year in expenditure and revenue items and shall explain any major changes in financial policy. (2) A consolidated statement of receipts and expenditures for all funds. (3) An analysis of property valuations and the tax rate, which may be based on an estimated tax roll prepared by the Central Appraisal District, if the final roll has not been certified. (4) Ail operating funds and resources in detail. (5) Detailed estimates of expenditures shown separately for each activity. Such estimates of expenditures are to include an itemization of position showing the number of persons having each title and the total regular pay for each position. (6) A revenue and expense statement for all types of bonds and other obligations of the city. (7) 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. (8) A schedule of requirements for the principal and interest on each issue of bonds and other -9- 03 } t7 Ordinance No. 1444 obligations of the city. (9) A special funds section. (10) The appropriation ordinance. (11) The tax levying ordinance. Section 65 of Article VI shall be amended to read: The city shall have the authority to issue time warrants, certificates of obligation or other forms of public debt allowed by state law and to issue refunding warrants, certificates, or bonds to refund outstanding warrants or certificates previously issued. Ail such time warrants, certificates of obligation, and bonds shall be issued in conformity with the laws of the State of Texas. Section 66 of Article VI shall be amended to read: Any surplus in city council, in or investments. and retirement due. any fund may be invested, upon approval of the any lawful securities, accounts, certificates, Any such surplus may be used for the purchase of bonds, time warrants, or certificates not yet 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 dis- bursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the city government and each of its offices, de- partments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation con- tained in the city budget, each of which accounts shall show the amount of the appro- priation, the amounts paid therefrom, the unpaid obligations against it and the unen- cumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be -10- Ordinance No. 1444 (3) (4) (5) (6) (7) (8) (9) made daily or at such intervals as he may deem expedient. 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. Supervise and be responsible for the assess- ment of all property within the corporate limits of the city for taxation, make all assessments for the city government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. Collect all taxes, special assessments, license fees and other revenues of the city or 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. llave 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. All 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, registra tion or exchange. 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. -11- Ordinance No. 1444 (3.0) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. Section 70 of Article VII shall be amended to read: 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 transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Section 74 of Article VII shall be amended to read: Any sale of real property owned by the city shall be subject to the provisions of Article 5421c-12, as amended, and such other laws as are applicable to Home Rule Cities pertaining to the necessity for public bids. Section 75 of Article VII shall be amended to read: The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the city council. Where an expenditure of more than such amount 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. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a 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 of Article VII shall be amended to read: Any city improvement costing more than $5,000, or such amount as shall be provided by Article 2368a, as amended from time to time, shall be executed by contract except for such improvements as authorized by the city council to be executed directly by a city -12- Ordinance No. 1444 department in conformity with detailed plans, specifications and estimates. All such contracts for $5,000 or more shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the city manager, provided such alterations do not increase the costs to the city more than ten (10) percent of the original amounts. Any changes in excess of such ten (10) percent shall be approved by the city council. Section 85 of Article VIII shall be amended to read: Ail property, real, personal, or mixed, lying and being within the corporate limits of the City of College Station on the first day of January in each year, not expressly exempted by law, shall be subject to annual taxation according to the procedures set forth in the constitution or general laws of the State of Texas. Section 86 of Article VIII is to be repealed. Section 87 of Article VIII is to be repealed. Section 88 Section 89 Section 90 of Article VIII is to be repealed. of Article VIII is to be repealed. of Article VIII shall be amended to read: Ail taxes due to the City of College Station shall be payable at the office of the city assessor/collector and may be paid at any time after they fall due. Taxes shall be due and shall become delinquent as provided in the Texas Tax Code, as amended, which code further provides for delinquent taxes, interest, and procedures for the collection of taxes. Section 91 of Article VIII shall be amended to read: The seizure and sale of personal property for taxes due shall be accomplished according to the provision of the Texas Tax Code, as amended. Section 92 of Article VIII shall be amended to read: The tax levied by the city shall be a first and prior lien upon the property upon which the tax is due, which lien may be enforced and foreclosed according to the provisions of the Texas Tax Code, as amended. Section 93 of Article IX shall be amended to read: Ordinance No. 1444 The regular city election shall be held annually on the first Saturday in April, or as otherwise provided by law, at which time members of the council shall be elected to fill those offices that become vacant that year. The city council shall fix the hours and the place for holding such election. The city council may, by resolution, order a special election, fix the time and place for holding same, and provide all means for holding such special election. In the order, ordinance, or resolution of the city council calling any election at which more than one councilman shall be elected, the city council shall in calling such election provide for a separate place on the ballot for each vacant seat to be filled at such election, designating such places as Place No. 1, 2, 3, 4, 5, or 6. If an unexpired term is to be filled at such election, the place for the unexpired term shall be so designated. Section 99 of Article X shall be amended to read: The electors shall have power to propose any ordinance, except an ordinance zoning or rezoning property, appropriating money, authorizing the issuance of bonds, or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the city council by a petition signed by qualified electors of the city equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular municipal election. Section 100 of Article X shall be amended to read: The electors shall have power to approve or reject at the polls any ordinance passed by the city council, or submitted by the city council to a vote of the electors, such power being known as the referendum, except in the case of ordinances zoning or rezoning property, authorizing the issuance of bonds, or making the annual tax levy. Ordinances submitted to the city council by initiative petition and passed by the city council without charge shall be subject to the referendum in the same manner as other ordinances. Within twenty (20) days after the enactment by the city council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least twenty-five (25) per cent of the number of votes cast at the last preceding regular municipal election may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors. Section 130 of Article XII shall be amended to read: Records and accounts of every office, department, or agency of the city shall be open to inspection and copying in accordance with the provision of the Texas Open Records Act, Article -14- Ordinance No. 1444 6252-17a, as amended. Section 140 of Article XII shall be amended to read: No lien of any kind shall ever exist against any property, real or personal, owned by the city except that same be authorized by law, and created pursuant to an ordinance providing for such lien. Section 144 of Article XII shall be amended to read: Any real property owned by the city may be sold by the city council when in its judgment such sale will be in the best interest of the city, subject to the provisions of Article 5421(c)-12, as amended, and such other laws as are applicable for Home Rule Citiea pertaining to the necessity for public bids. Ordinances providing for the sale of land may be subject to referendum for a thirty-day period and shall not be effective until the expiration of said thirty-day period. If during such thirty-day period, a referendum petition is presented to the City Secretary which in all respects conforms to the referendum provisions of Article X of this Charter, and the same is found sufficient, then the City Secretary ahall certify the sufficiency of the same to the City Council, and an election shall be called submitting the question of the sale of the property to the voters. This right of referendum shall not apply to public utilities or to property purchased by the City at tax sales. Section 148 of Article XII shall be amended to read: Amendments to this charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. Amendments may also be proposed and aubmitted by ordinance, passed by a majority vote of the full membership of the city council, or by a petition signed by not less than forty (40) per cent of the number of those who voted at the last regular municipal election; provided, however, that in the latter case the petition must bear the signatures of at least ten (10) per cent of the qualified voters of the city. When a charter amendment petition shall have been filed with the city council in conformity with the provisions of this charter as to petitions for initiated ordinances, the city council shall forthwith provide by ordinance for submitting auch proposed amendment to the electors at the next regular municipal election if one shall occur not less than sixty (60) nor more than one hundred and twenty (120) days after the passage of the ordinance; otherwise it shall provide for the submission of the amendment at a special election to be called and held within the time aforesaid..Not less than thirty (30) days prior to such election the city secretary shall mail a copy of the proposed amendment or -is- 0 953 Ordinance No. 1444 amendments to each qualified voter. If a proposed amendment be approved by a majority of the electors voting thereon it shall become a part of the charter at the time fixed therein. Each amendment shall be confined to one subject; and when more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. Section III 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 15th day of August, 1983. APPROVED: ATTEST: City Secretary Mayor Pro-Tem ~