The fiscal year of the city is hereby designated as beginning
with the first day of October of each year and ending the last day
of September next ensuing thereafter.
(2014 Code, sec. 34.01)
The city will designate an official depository in accordance
with state law. Checking accounts or savings accounts, as authorized
by the city council, shall be established at said bank with the requirement
that all checks written against any such account(s) shall require
at least two signatures. The authorized persons who may sign city
checks are the city manager, mayor, mayor pro-tem, and city secretary.
(2014 Code, sec. 34.10; Ordinance
adopting 2021 Code)
The city shall have its records and accounts audited annually
and shall have an annual financial statement prepared. The audit shall
be performed by a licensed certified public accountant or a public
accountant who holds a permit to practice from the state board of
public accountancy. Such audit and financial statement shall be filed
with the city secretary within one hundred and twenty (120) days after
the last day of each fiscal year.
(2014 Code, sec. 34.30)
(a) Except
in the case of exempted procurements, the city may not purchase or
enter into a contract that requires an expenditure of more than fifty
thousand dollars ($50,000.00) without first submitting such to competitive
sealed bidding, except in the case of high technology procurements
in which case the city may take competitive sealed proposals. Exempted
procurements shall include the following:
(1) A procurement made because of a public calamity that requires the
immediate appropriation of money to relieve the necessity of the city’s
residents or to preserve city property;
(2) A procurement necessary to preserve or protect the public health
or safety of the city’s residents;
(3) A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
(4) A procurement for personal or professional services;
(5) A procurement for work that is performed and paid for by the day
as the work progresses;
(6) A purchase of land or right-of-way;
(7) A procurement of items that are available from only one source;
(8) A purchase of rare books, papers, and other library materials for
a public library;
(9) Paving, drainage, street widening, and other public improvements,
or related matters, if at least one-third (1/3) of the cost is to
be paid by or through special assessments levied on property that
will benefit from the improvements;
(10) A public improvement project authorized by the voters for which there
is a deficiency of funds for completing the project in accordance
with the plans and purposes authorized by the voters;
(11) A payment under a contract by which a developer participates in the
construction of a public improvement as provided by subchapter C,
chapter 212 [of the Local Government Code]; and
(12) Personal property sold at an auction by a state licensed auctioneer,
at a going out of business sale held in compliance with subchapter
F, chapter 17, Business and Commerce Code, or by a political subdivision
of this state, a state agency of this state, or an entity of the federal
government.
(b) Notice
of the time and place at which competitive sealed bids or proposals
[will be opened]must be published in accordance with the provisions
of V.T.C.A., Local Government Code, sections 252.023, 252.041, and
271.025.
(c) Bids
may be opened by the city council at a public meeting or by an officer
or employee of the city at or in an office of the city.
(d) A
bid that has been opened may not be changed for the purpose of correcting
an error in the bid price.
(2014 Code, sec. 34.60; Ordinance
adopting 2021 Code)
The city council may condition funding of volunteer or other
groups requesting city support on availability of adequate periodic
financial information listing income and expenditures by type, amount,
and date.
(2014 Code, sec. 34.31)
The budget officer shall be the mayor of the city.
(2014 Code, sec. 34.20)
The city manager or his designated appointee shall annually
prepare a budget to cover all proposed expenditures of the city for
the succeeding year.
(2014 Code, sec. 34.21)
The budget shall show all expenditures proposed and shall be
carefully itemized to make as clear a comparison as practicable between
expenditures included in the proposed budget and actual expenditures
for the same or similar purposes for the preceding year. The budget
must also clearly show each of the various projects for which appropriations
are made in the budget and the budgeted sums for each of such projects.
The budget shall also contain a complete financial statement of the
city showing all outstanding obligations of the city, the cash on
hand to the credit of each and every fund, and funds expected to be
received from all sources during the ensuing year, the estimated revenue
available to cover the proposed budget, and the estimated rate of
tax, if any, which will be required.
(2014 Code, sec. 34.22)
The city manager shall have the authority to require any officer,
department head, or other unit of the city government to furnish such
information as may, in the mayor’s discretion, be necessary
to properly prepare the proposed budget.
(2014 Code, sec. 34.23)
The budget shall be filed with the city secretary ten (10) days
prior to the time the city council makes its tax levy for the current
fiscal year, or as close as is practical. The budget as filed with
the city secretary shall be available for public inspection during
all reasonable business hours.
(2014 Code, sec. 34.24)
The city council shall hold a public hearing on the proposed
budget. Such public hearing shall occur after the fifteenth (15th)
day after the proposed budget has been filed with the city secretary
but before the city council makes its tax levy. Public notice of the
date, time and location of the hearing shall be given in accordance
with the Texas Open Meetings Law and chapter 102 of the Local Government
Code.
(2014 Code, sec. 34.25)
On final approval of the budget by the city council, a copy
of the budget shall be filed with the city secretary and the Rusk
County and Smith County clerk’s office.
(2014 Code, sec. 34.26)