The City shall have the power to buy, own, construct, maintain
and operate utilities and to manufacture and distribute electricity,
gas or anything else that may be needed or used by the public, and
shall have such further powers that may now or hereafter be granted
under the Constitution and laws of the State of Texas.
All municipally owned utilities shall be operated by the City
in such a manner as to be self-sustaining insofar as is practical,
and shall not be converted into general revenue producing agencies
of the City. The City Council may transfer funds of municipally owned
utilities to the general fund of the City, provided, however, that
the amount so transferred shall not exceed annually 20% of the gross
revenue of said utilities for the previous fiscal year. Such sums
so transferred to be in lieu of taxes, street rentals or other contributions
to general administrative expenses of the City; provided, however,
nothing herein is to apply to the operation of charitable and educational
facilities operated by the City. Such transfers shall be made annually
and shall be non-cumulative.
Accounts shall be kept for each public utility owned or operated
by the City in such manner as to show the true and complete financial
results of such City ownership and operation, including all assets
appropriately subdivided into different classes, all liabilities subdivided
by classes, depreciation reserve, other reserves and surplus; also
revenues, operating expenses including depreciation, interest payments,
rental and other distribution of annual income. The accounts shall
show the actual capital cost to the City of each public utility owned,
also the costs of all extensions, additions and improvements and the
source of the funds expended for such capital purposes. They shall
show as nearly as possible the cost of any service furnished to or
rendered by any such utility to any other city or governmental department.
The City Council shall annually cause to be made and published a report
showing the financial results of such City ownership and operation,
giving the information specified in this section and such additional
data as the City Council shall deem expedient.
No public utility or park and/or swimming pools owned by the
City of Beaumont shall ever be sold or leased for a period longer
than five (5) years until such sale or lease is authorized by a majority
vote of the qualified voters of the City; nor shall same be encumbered
for more than $5,000.00 except for purchase money or to refund any
existing indebtedness lawfully created, until authorized in like manner.
When properties named in Section
4 of this Article are to be sold or leased for a period of more than five (5) years or encumbered for more than $5,000.00 as provided in said section, the City Council shall, by ordinance, call an election submitting said proposition to the qualified voters of the City of Beaumont; the time and places of holding the election shall be designated in said ordinance and said election shall be held not less than fifteen (15) nor more than thirty (30) days from the passage of said ordinance. Notice of said election shall be given by posting a copy of said ordinance in each of the election precincts in the City and at the City Hall; such ordinance shall also be published on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the City of Beaumont, the date of the first publication to be not less than fourteen (14) days prior to the date set for the election.
The question to sell, lease or mortgage shall be submitted on
ballots which shall describe the property to be sold, leased or mortgaged,
and the terms of the sale, lease or mortgage, and shall have printed
below the description and terms:
“For the sale (lease) (mortgage)”
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“Against the sale (lease) (mortgage)”
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No special election shall be called within sixty (60) days of
a general municipal election for the submission of a proposition to
sell, lease or mortgage such property but same shall be submitted
as herein provided at said general election.