The Fiscal Year of the City shall begin on the first day of October and end on the last day of September of the next succeeding year. Such fiscal year shall also constitute the budget and accounting year.
On or before the 1st day of August each year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message.
The Manager’s message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City’s debt position and include such other material as the Manager deems desirable.
The budget and all supporting schedules shall be filed with the City Secretary when submitted to the Council and shall be opened to public inspection by anyone interested.
At the Council meeting at which time the budget is submitted, the Council shall name the date and place of a public hearing and shall cause to be published in the official newspaper of the City the time and place, which will be not less than ten (10) days nor more than thirty (30) days after date of notice. At this hearing interested citizens may express their opinions concerning items of expenditures, giving their reasons for wishing to increase or decrease any items of expense.
After public hearing, the Council shall analyze the budget, making any additions or deletions which they feel appropriate, and shall, at least ten (10) days prior to the beginning of the next fiscal year, adopt the budget by a favorable majority vote of the full membership of the Council. Should the City Council take no final action on or prior to such day, the current budget shall be in force on a month to month basis until a new budget is adopted.
On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by the Council shall constitute the official appropriations as proposed expenditures for the current year and shall constitute the basis of official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estimated expenditures will in no case exceed proposed revenue plus cash on hand. Unused appropriations may be transferred to any item required for the same general purpose.
Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than seven (7) percent of the total general fund expenditures, to be used in case of unforeseen items of expenditures. Such contingent appropriation shall be under the control of the City Manager and distributed by him only after prior approval by the City Council. The proceeds of the contingent appropriation shall be disbursed only by transfer to other departmental appropriation, the spending of which shall be charged to the departments or activities for which the appropriations are made.
Under extreme emergency conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the Council may, by a majority vote of the full membership, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments shall be by ordinance, and shall become an attachment to the original budget.
A copy of the budget, as finally adopted, shall be filed with the City Secretary, and such other places required by State law or as the City Council shall designate. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of all offices, agencies and for the use of interested persons and civic organizations.
Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate.
A central accounting system shall be established, and insofar as local conditions will permit, all functions of accounting, financing, inventory, and budget controls will be centralized therein. The City Manager shall perform, or delegate to one or more officers designated by him, the following duties and responsibilities:
(a)
Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded;
(b)
Maintain a general accounting system for the City government and each of its offices, departments and agencies, keep books for, 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;
(c)
Submit to the Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial conditions of the City of Midlothian;
(d)
Have custody of all public funds belonging to or under the control of the City of Midlothian, 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;
(e)
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 of Midlothian and the receipt and delivery of City of Midlothian bonds and notes for transfer, registration or exchange;
(f)
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 and prepare the periodical inventories of supplies, materials and City-owned property; and
(g)
Approve all proposed expenditures and unless there is an unencumbered balance of appropriations and available funds, no expenditure shall be made.
The City Manager or such officer or officers designated by him shall have power and shall be required to:
(a)
Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the City government;
(b)
Examine and approve all contracts, orders and other documents by which the City government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable;
(c)
Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the City government and with the advice of the City Attorney determine the regularity, legality and correctness of such claims, demands or charges; and
(d)
Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the City government apart from or subsidiary to the accounts kept in his office.
All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.
All fees received by any officer or employee shall belong to the City and shall be accounted for and paid to the Finance Officer at such times as required by the City Manager except as otherwise provided.
Before the City of Midlothian makes any sale or contract for the sale of any property belonging to the City of Midlothian, except utilities, in the form of personal property, having an estimated value of $3,000 or less, opportunity shall be given for open competition under such rules and regulations as the City Council may prescribe.
In the sale of property valued at more than $3,000, the property shall be advertised for sale and bids in the local newspaper. The contract for sale shall be awarded to the highest responsible bidder, either at auction or upon sealed bids, after such public notice and competition as may be prescribed, and upon such other terms and conditions not inconsistent with express provisions of law and of this Charter, as the City Council may order; provided the City Council shall have the power to reject any and all bids and advertise again. These same procedures shall be used whenever the City of Midlothian acts as transfer agent. Sale of land shall be in accordance with provisions of Article 5421c-12, as amended, Revised Civil Statutes of Texas.
Expenditures shall be made according to procedures established by ordinance of the City Council for all budgeted items not exceeding $3,000. All contracts or purchases involving more than $3,000 shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding in accordance with the requirements of Article 2368a, Revised Civil Statutes of Texas and any present or future amendments relating thereto. Provided, however, the Council shall have the right to reject any and all bids. Provided, further, nothing herein shall apply to contracts for personal or for professional services nor to work done by the City and paid for by the day as such work progresses nor to the purchase of real estate. Emergency purchases are authorized under circumstances and in accordance with procedures set forth under Article 2368a and any present or future amendments relating thereto.
Editor’s Note–Ordinance 95-02, adopted January 10, 1995, provided as follows: “That, the City of Midlothian hereby elects to have Section 252.002 and related sections of the Local Government Code supersede the City of Midlothian Charter so that the threshold amount at which competitive bids are required will be in compliance with Section 252.021 of the Local Government Code, presently being $15,000.00 for contracts other than insurance and $5,000.00 for insurance, with the express provisions that any future amendments to the Local Government Code relating to bid amounts will be placed into effect at the time of their effective date.”
Ordinance 2001-58, adopted October 23, 2001, amends Ordinance 95-02 as follows: “That, the City of Midlothian hereby elects to have Section 252.002 and related sections of the Local Government Code supersede the City of Midlothian Charter so that the threshold amount at which competitive bids are required will be in compliance with Section 252.021 of the Local Government Code, presently being $25,000.00 for contracts other than insurance and $5,000.00 for insurance, with the express provision that any future amendments to the Local Government Code relating to bid amounts will be placed into effect at the time of their effective date.”
(Ordinance 2001-58 adopted 10/23/01)
All checks, vouchers or warrants for the withdrawal of money from the City depository shall be signed by the City Manager and countersigned by the Finance Officer, if there is one officially designated, or, if not, then by the City Secretary and/or by such other persons as designated by the City Council.
For the purpose of temporary borrowing, the City Council shall have the power by ordinance to raise money on the credit of the City by the issuance of warrants, certificates of obligation and/or notes in anticipation of the collection of taxes, of special assessments, or of other anticipated revenues.
All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement, and such sale shall be authorized by the Council.
The directors of all administrative departments whose duties include the handling of moneys, and all employees whose duties include the handling of moneys, belonging to the City of Midlothian, shall, before entering upon the duties of their office or employment, make bond in some responsible surety company authorized to do business in the State, acceptable to the City Council. Any such surety bond shall be conditioned that the principal thereon will faithfully perform and/or discharge the duties of his office, account for and pay over to the City all moneys and property coming into his hands belonging to the City, and if there are provisions of State law bearing upon the functions of his office under which the execution of a surety bond is required, it shall be further conditioned to comply therewith. Premiums for such surety bonds will be paid by the City.