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CHAPTER 30: GENERAL ADMINISTRATIVE PROVISIONS
Section
General Provisions
30.01 State statutes adopted; City Home Rule Charter adopted
30.02 Official newspaper
30.03 Fiscal year
30.04 Conflict of interest
Fiscal Administration
30.15 Budget preparation and adoption
30.16 Appropriations
30.17 Emergency appropriations
30.18 Purchases; contracts; change orders
30.19 Independent audit
30.20 Capitalization Policy
City Policies
30.30 Tobacco use in city building prohibited
GENERAL PROVISIONS
§ 30.01 STATE STATUTES ADOPTED; CITY HOME
RULE CHARTER ADOPTED.
The provisions of Tex. Rev. Civ. Stat., 1925, Art. 1164a-1 through 1165
et seq., in Title 28, Chapters
12a and 13, and amendments thereto, relating to cities and towns, and
the Home Rule Charter of the city as adopted on January 28, 1979, are
hereby adopted by the city, and government of the city and its affairs
shall be guided thereby.
(Prior Code, § 2-1) (Ord. passed 12-10-1990)
Statutory reference:
Authority, see Tex. Rev. Civ. Stat., Art. 1164a-1 through 1165 et seq.
§ 30.02 OFFICIAL NEWSPAPER.
(A) Any newspaper of general circulation in the county is designated
as an official newspaper of
the city.
(B) Any notice, ordinance, or other matter required by law to be published
by the city shall be
published in the above newspaper.
(Prior Code, § 2-2)
Statutory reference:
Legal publications, see Tex. Gov’t Code, §§ 2051.041,
2051.044, and 2051.049
§ 30.03 FISCAL YEAR.
The fiscal year of the city shall begin on October 1 and end on September
30. All funds collected by
the city during any fiscal year, including both current and delinquent
revenues, shall belong to that fiscal
year and, except for funds derived to pay interest and create a sinking
fund on the bonded indebtedness of the city, may be applied to the payment
of expenses incurred during that fiscal year. Any revenues
uncollected at the end of any fiscal year, and any unencumbered funds
actually on hand, shall become
resources of the next fiscal year.
(Prior Code, § 2-3) (Ord. 18-29a, passed - - )
§ 30.04 CONFLICT OF INTEREST.
No member of the City Council or a city board or commission shall hold
any other employment or
office under any city government while the member is a member of the
City Council or an appointed board or commission thereunder, unless
otherwise provided by law or ordinance. No member of the City Council,
nor any member of any board or commission appointed by the City Council,
nor any other officer of the city, shall be directly or indirectly interested
in any work, business, or contract, the expense, price, or consideration
of which is paid from the city treasury, or by an assessment levied
by an ordinance or resolution of the City Council, except as expressly
authorized by law. No member of the City Council, nor any other officer
of the city, may be the surety of any person having a contract, work,
or business with the city, for the performance of which security may
be required, nor be the surety on the official bond of any city officer.
(Prior Code, § 2-4) Penalty, see § 10.99
Charter reference:
Similar provisions, see §§ 12.2 and 12.4
Statutory reference:
Similar provisions, see Tex. Penal Code, § 39.01
Similar provisions, see Tex. Loc. Gov’t Code, §§ 171.001
- 171.008 and 271.902
FISCAL ADMINISTRATION
§ 30.15 BUDGET PREPARATION AND ADOPTION.
(A) At least 60 days prior to the end of each fiscal year, the City
Manager shall prepare and submit
the budget, covering the next fiscal year, to the City Council, which
shall contain the information required in City Charter, § 7.2.
(B) The budget and all supporting schedules will be filed with the City
Secretary when submitted to
the Council and shall be open for public inspection by anyone interested.
The Council shall set a time for a hearing on the budget which time
and date shall be published in the official newspaper of the city not
less than seven nor more than 15 days after the date of the notice.
At the hearing interested citizens may express their opinions concerning
items of expenditure. After the hearing, the Council will analyze the
budget and make any additions or deletions it feels appropriate and
shall, at least ten days prior to the beginning of the next fiscal year,
adopt the budget by majority vote of all members of the Council.
(Prior Code, § 2-9)
Statutory reference:
Budget filed with clerk, see Tex. Loc. Gov’t Code, § 102.005
Hearings on budget, see Tex. Loc. Gov’t Code, § 102.006 -
102.009
§ 30.16 APPROPRIATIONS.
(A) From the effective date of the budget, the several amounts stated
therein as proposed expenditures
shall be and become appropriated to the several objects and purposes
therein named. Except as provided in §§ 30.01 et seq., 30.15
et seq., 32.01 et seq., and 32.15 of this code, no funds of the city
shall be expended nor shall any obligation for the expenditure of money
be incurred except pursuant to the annual appropriation ordinance.
(B) At the close of each fiscal year any unencumbered balance of an
appropriation shall revert to the
fund from which appropriated and become available for reappropriation
for the next fiscal year.
(C) The City Council may transfer any unencumbered appropriation balance
or portion thereof from
one office, department, or agency to another, at any time. The City
Manager shall have authority, without Council approval, to transfer
appropriation balances from one expenditure account to another within
a single office, department, or agency.
(Prior Code, § 2-10)
§ 30.17 EMERGENCY APPROPRIATIONS.
(A) At any time in any fiscal year, the City Council may, pursuant to
this section, make emergency
appropriations not included in the budget to meet a pressing need for
public expenditure, for other than
regular or recurring requirements or to protect the public health and
safety. These appropriations shall be by ordinance adopted in accordance
with the rules of procedure of the Council under Home Rule Charter,
§ 2.13.
(B) Should the unappropriated and unencumbered revenues, income, and
available funds of the city
for the fiscal year be not sufficient to meet the expenditures under
the appropriation authorized by this
section, thereby creating a deficit, it shall be the duty of the City
Council to include the amount of that
deficit in its budget for the following fiscal year and the deficit
shall be paid off and discharged during that following fiscal year.
(Prior Code, § 2-11)
§ 30.18 PURCHASES; CONTRACTS; CHANGE ORDERS.
(A) Purchases and contracts; bidding. Before the city makes
any purchase or contract in excess of
$5,000, opportunity shall be given for competitive bidding. The City
Council confers upon the City
Manager general authority to contract for expenditures without further
approval of the Council for
budgeted items not exceeding $5,000. All contracts for expenditures
involving more than $5,000 must be expressly approved in advance by
the City Council. All purchases involving more than $5,000 shall be
let to the lowest responsible vendor or supplier, by the City Council,
considering quality, residence, and prior performance, after there has
been an opportunity for sealed competitive bids as provided for by law
or other ordinance; provided that the City Council or the City Manager,
in cases as he or she is authorized to contract for the city, shall
have the right to reject any and all bids. Contracts exempted from the
competitive bidding laws shall not be let on competitive bids.
(B) Change orders. On public facility improvement projects
the City Manager is authorized to approve change orders in the amount
of not more than $5,000. Change orders in greater amounts require City
Council approval.
(Prior Code, § 2-12) (Am. Ord. passed 8-13-1990)
Charter reference:
Similar provisions, see § 7.12
Statutory reference:
Advertising for bids, see Tex. Loc. Gov’t Code, §§ 252.001,
252.002, 252.021 - 252.024, 252.041 - 252.049, 252.061, and 252.062
§ 30.19 INDEPENDENT AUDIT.
At the close of each fiscal year, and at other times as it may be deemed
necessary, the City Council
shall cause an independent audit to be made of all accounts of the city
by a certified public accountant, and each member of the Council shall
receive a copy of the audit report and a copy shall be published in
the official newspaper of the city. The certified public accountant
so selected shall have no personal interest, General Administrative
Provisions 7 directly or indirectly, in the financial affairs of the
city or any of its officers.
(Prior Code, § 2-13)
§ 30.20 CAPITALIZATION POLICY.
(A) Capital assets categories and thresholds will be:
(1) Land/land improvement: Any amount.
(2) Buildings/building improvements: $5,000.
(3) Facilities and other improvements: $25,000.
(4) Infrastructure: $25,000.
(5) Personal property: $5,000.
(6) Leasehold improvements: $25,000.
(B) For clarification purposes of this policy, the above items are generally
defined as, but not
expressly limited to, the following definitions:
BUILDING. A structure that is permanently attached
to the land, has a roof, and is partially or
completely enclosed by walls. A building improvement must extend the
life of the building or increase
the value of the building. Examples of capitalized building improvements
are structural changes and
installation or upgrade of roofing, heating and cooling systems, electrical,
and the like.
FACILITIES. Assets built, installed or established
to enhance the quality or facilitate the use
of land for a specific purpose. FACILITY IMPROVEMENTS
are considered to be fencing, landscaping, parking lots, recreation
areas, septic systems, and pavilions.
INFRASTRUCTURE. Stationary and can be preserved for
significantly greater number years
than most capitol assets. They are often linear and continuous in nature.
INFRASTRUCTURE
IMPROVEMENTS should extend the useful life and /or increase
the value by 25% of the original cost
or life period. Examples of infrastructure are streets, curbs, gutters,
sidewalks, fire hydrants, bridges, dam, drainage facility, radio tower,
water main and distribution lines, light systems and signage.
LAND/LAND IMPROVEMENT. The purchase price or fair market
value at time of gift, any
commissions, professional fees, land excavation, fill, grading, drainage,
demolition of existing building
(less salvage), property removal (relocation or reconstruction) of others
(railroad, telephone, and power
lines), date of purchase accrued mortgage interest and any unpaid taxes
and right of way cost.
LEASEHOLD IMPROVEMENTS. The construction of new buildings
or improvements made
to existing structures by the lessee, who has the right to use these
leasehold improvements over the term
of the lease.
PERSONAL PROPERTY. Fixed or movable tangible assets
to be used for operations that the
life of extends beyond one year. Examples of personal property are vehicles,
other motor vehicles,
furnishings and equipment.
(Ord. 04-01, passed 3-9-2004)
CITY POLICIES
§ 30.30 TOBACCO USE IN CITY BUILDING PROHIBITED.
The use of tobacco in any form is prohibited in municipal buildings.
(Res. 02-04, passed 4-8-2002) Penalty, see § 10.99
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