The fiscal year of the City shall begin on the first day of October and end on the last day of September on the next succeeding year. Such fiscal year shall also constitute the budget and accounting year.
(Ordinance 767-22 adopted 11/16/2022)
On or before the fifteenth (15th) day of August of the fiscal year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying budget message.
(Ordinance 767-22 adopted 11/16/2022)
The City 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 City Manager deems desirable.
(Ordinance 767-22 adopted 11/16/2022)
The budget and all supporting schedules shall be filed with the person performing the duties of City Secretary and shall be published on the City website contemporaneously with the submission of the budget to the City Council and shall be open to public inspection by anyone interested.
(Ordinance 767-22 adopted 11/16/2022)
At the City Council meeting when the budget is submitted, the City Council shall name the date and place of a public hearing, which shall be scheduled and published in accordance with the requirements of Chapter 102, Local Government Code, as amended. At this hearing, interested citizens may express their opinions concerning items of expenditures and revenues, giving their reasons for wishing to increase or decrease any items of expense.
(Ordinance 767-22 adopted 11/16/2022)
After public hearing, the City Council shall analyze the budget, making any additions or deletions which they feel appropriate, and in accordance with law, prior to the beginning of the next fiscal year, shall adopt the budget by the affirmative vote of a majority of the full membership of the City 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. If any provision of this section conflicts with state law regulating conflicts of interest, state law shall control.
(Ordinance 767-22 adopted 11/16/2022)
On final adoption, the budget shall be in effect for the fiscal year. Final adoption of the budget by the City Council shall constitute the official appropriations as proposed by expenditures for the current fiscal 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 the undesignated fund balance from the previous fiscal year. Unused appropriations may be transferred to any item as determined necessary by the City Council to pay City expenses.
(Ordinance 767-22 adopted 11/16/2022)
The City Council shall adopt an ordinance or resolution that provides a percentage amount of the budget to be designated as reserves and the purposes for which such reserves may be expended in the event of unforeseen items of expenditure or revenue shortfalls. Expenditures from such reserve appropriation shall be under the control of the City Council and shall only be utilized for those purposes identified in the Council adopted ordinance or resolution or as approved by majority vote of the City Council. The proceeds of the reserves shall be disbursed only by transfer to departmental appropriation, the spending of which shall be charged to the departments or activities for which the appropriations are made.
(Ordinance 767-22 adopted 11/16/2022)
Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the City Council may, by the affirmative vote of a majority of the full membership of the City Council, 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.
(Ordinance 767-22 adopted 11/16/2022)
A copy of the budget, as finally adopted, shall be published on the City website and shall be filed with the person performing the duties of City Secretary and such other places required by state law or as the City Council shall designate. The final budget shall be maintained on file in the office of the City Secretary for review by the public.
(Ordinance 767-22 adopted 11/16/2022)
The City Manager shall submit a five-year (5-year) Capital program as an attachment to the annual budget. The program as submitted shall at minimum include:
(1)
A clear general summary of its contents;
(2)
A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years succeeding the budget year, with appropriate supporting information as to the necessity for such improvements;
(3)
Cost estimates, method of financing and recommended time schedules for each improvement; and
(4)
The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. The Capital program shall be updated and presented to the City Council annually. |
(Ordinance 767-22 adopted 11/16/2022)
Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements in the adoption of the budget shall not nullify the tax levy or the tax rate.
(Ordinance 767-22 adopted 11/16/2022)
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made had been accomplished or abandoned. The purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. Any funds not expended, disbursed or encumbered shall be deemed excess funds.
(Ordinance 767-22 adopted 11/16/2022)
The City shall have the power to borrow money on the credit of the City and also to issue or incur bonds and other evidence of indebtedness, and such powers may be exercised to finance public improvements or for any other public purpose not prohibited by the Constitution and the laws of the State of Texas, and the City may issue refunding bonds to refund outstanding bonds and other evidences of indebtedness of the City previously issued or incurred.
(1)
All such bonds and other evidences of indebtedness shall be issued in conformity with the laws of the State of Texas and may be secured by or paid, in whole or in part, from ad valorem tax revenues, revenues derived from other taxing powers of the City, revenues derived by the City from any fee or service charge, including revenues derived from the operations of any public utilities, utility systems, recreational facilities or any other municipal function to the extent not prohibited by the Constitution and laws of the State of Texas. Such bonds or evidence of indebtedness may be a charge upon and payable from the properties, or interest therein pledged, or the income therefrom, or both to the extent not prohibited by the Constitution or laws of the State of Texas. The proceeds of bonds or other evidence of indebtedness issued or incurred by the City shall be used only for the purpose for which the bonds or other indebtedness was issued or incurred.
(2)
Any such bonds and other evidence of indebtedness that is considered to be a part of the debt service fund, from which the debt service (Interest and Sinking) rate is calculated, must be presented to, and be approved by a majority of the City Council on or before the fifteenth (15th) day of August of the fiscal year.
(Ordinance 767-22 adopted 11/16/2022)
As allowed by law, the City Council shall be authorized to adopt a program providing that City funds derived from ad valorem tax or sales tax may be used to fund the public purposes of a nonprofit organization. Such program shall only become effective upon the adoption of a resolution approved by a majority of the City Council that sets forth criteria under which funding will be provided, as well as requirements that the nonprofit organization provide reports and financial information as determined appropriate by the Council in order for the City to verify appropriate and lawful use of public funds.
(Ordinance 767-22 adopted 11/16/2022)
The City Council may, by adoption of an ordinance or resolution, adopt a policy under which the City Manager may expend funds and enter into contracts for the expenditure of funds for City purposes without further approval of the City Council.
(Ordinance 767-22 adopted 11/16/2022)
(1)
No payment shall be made or obligation incurred against any public funds except in accordance with appropriations duly made pursuant to the City Council approved budget in effect at the time such payment is made or obligation is incurred. The City Manager shall not make any payment or incur any obligation unless there are sufficient unencumbered funds available for such payment or obligation.
(2)
Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such payment or obligation, and the officer shall also be liable to the City for any amount so paid.
(3)
This prohibition shall not be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the pledge of taxes, the issuance of bonds, time warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, providing that such action is made or approved by ordinance.
(4)
The City Manager shall submit to the City Council a report identifying the revenues and expenditures of the City in such from and at such frequency as requested by the City Council.
(Ordinance 767-22 adopted 11/16/2022)
The provisions of the laws of the State of Texas, governing the selection and designation of the City Depository are hereby adopted as the law governing the selection and designation of a depository of and for the City. All monies received by any person, department or agency of the City for or in connection with the affairs of the City shall be deposited promptly in the City depository or depositories. The City depositories shall be designated by the City Council in accordance with such regulations and subject to the requirements as to security for deposits and interest thereon as may be established by ordinance and law. Procedures for withdrawal of money or the disbursement of funds from the City depositories shall be prescribed by ordinance.
(Ordinance 767-22 adopted 11/16/2022)
At the close of each fiscal year, and at such other times as may be deemed necessary, the City Council shall call for an independent audit to be made of all accounts of the City by a certified public accountant. No more than five (5) consecutive annual audits shall be completed by the same firm or individual. The certified public accountant selected shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. The report of audit, with the auditor's recommendations, will be made to the City Council. Upon completion of the audit, the Independent Auditor's Report and Annual Financial Report shall be published on the City's website and copies of the audit placed on file in the office of the person performing the duties of City Secretary, as a public record.
(Ordinance 767-22 adopted 11/16/2022)
(1)
The City shall have the power to levy, assess and collect taxes of every character and type for any municipal purpose not prohibited by the Constitution and laws of the State of Texas as now written or hereafter amended.
(2)
The City shall have the power to grant tax exemptions in accordance with the laws of the State of Texas as now written or hereafter amended.
(3)
The tax rate shall be calculated, publicized and adopted in accordance with the laws of the State of Texas, as now written or hereafter amended.
(4)
Errors or defects in the form or preparation of the tax levy or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate.
(Ordinance 767-22 adopted 11/16/2022)
(1)
Except as otherwise provided by law or this Chapter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection and payment of all taxes due the City as it may deem expedient and may provide such penalty and interest as prescribed by state law for the failure to pay such taxes.
(2)
Failure to levy and assess taxes through omission in preparing the appraisal rolls shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipts for the years in question, omitting penalty and interest.
(Ordinance 767-22 adopted 11/16/2022)
(1)
All taxable property located in the City on January 1st of each year shall stand charged from that date with a special lien in favor of the City for the taxes due. All persons purchasing any such property on or after January 1st in any year shall take the property subject to the liens provided above. In addition to the liens herein provided, on January 1st of any year, the owner of property subject to taxation by the City shall be personally liable for the taxes due for that year.
(2)
The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City appraisal rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property to be assessed, to prove the same, and to have its judgment foreclosing the tax lien or for personal judgment against the owners for such taxes.
(Ordinance 767-22 adopted 11/16/2022)