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ORD 2009-53 - FY 2009-10 Budget Adoption of Budget 09-15-2009ORDINANCE NO: 2009 -53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 2009, THROUGH SEPTEMBER 30,2010; RATIFYING AND APPROVING FISCAL AND BUDGETARY POLICIES; RATIFYING AND APPROVING THE INVESTMENT AND BANKING POLICIES; RATIFYING AND APPROVING VARIOUS FEES, RATES AND CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS More than thirty days before the end of the City's fiscal year and more than thirty days before the adoption of this ordinance, the City Manager of the City Huntsville, Texas, submitted a proposed budget for the ensuing fiscal year according to Section 11.05 of the Charter of the City of Huntsville, Texas, and Texas Local Government Code Section 102.005; WHEREAS the City Manager filed a copy of the proposed budget with the City Secretary and the budget was available for public inspection at least fifteen days before the budget hearing and tax levy for the fiscal year 2009 -2010 (Texas Local Government Code § 102.006); WHEREAS the itemized budget shows a comparison of expenditures between the proposed budget and the actual expenditures for the same or similar purposes for the preceding year and projects for which expenditures and the estimated amount of money carried for each [Texas Local Government Code § 102.103(a)]; WHEREAS the budget contains financial information of the municipality that shows the outstanding obligations of the City, the available funds on hand to the credit of each fund, the funds received from all sources during the preceding year; the funds available from all sources during the ensuing year; the estimated revenue available to cover the proposed budget; and the estimated tax rate required to cover the proposed budget [Texas Local Government Code § 102.103(6)]; WHEREAS on August 30" , September 20°, and September 6`" , the City Secretary published notice in the City's official newspaper of a public hearing relating to the budget, which include one publication not earlier than the 30th day or later than the tenth day before the date of the hearing [Texas Local Government Code § 102.0065]; WHEREAS on September 100', the City Council of the City of Huntsville held a public hearing relating to the budget; WHEREAS the budget for the year October 1, 2009, through September 30, 2010, has been presented to the City Council, and the City Council has held a public hearing with all notice as required by law, and all comments and objections have been considered; and WHEREAS the fees, rates and charges set out herein are reasonable and necessary and are established and set in the best interests of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: City Council adopts the budget for the City of Huntsville, Texas, now before the City Council for consideration and attached, as the budget for the City for the period of October 1, 2009, through September 30, 2010. SECTION 2: The appropriation for the ensuing fiscal year for operating expenses, debt service and capital outlay budgets shall be fixed and determined as shown on Exhibit "A ". SECTION 3: Projects described for fiscal year 2009 -2010 in the Capital Improvements budget portion of the 2009 -2010 budget are approved at the cost level indicated, subject to the availability of funding of project costs (see Exhibit "A "). SECTION 4: City Council approves an increase in the monthly payment for a full -time employee to the City's Medical Insurance Internal Service Fund from the current $628.00 per month to $687.00 per month ($8,244.00), per budgeted position. SECTION 5: City Council approves a transfer of an amount equal to three and one half (3.5 %) percent of the gross revenues received during Fiscal Year 2009 -2010 from all water, and wastewater customers a transfer equal to three and one half (35 %) percent of gross revenues received during Fiscal Year 2009 -2010 from all solid waste collection and disposal customers, to the Street Special Revenue Fund to compensate the City for the use of streets and rights -of -way by the Water, Wastewater, and Solid Waste Funds. SECTION 6: City Council hereby has reviewed and approves the Fiscal and Budgetary Policies (Exhibit Q. SECTION 7: City Council has reviewed and approves the investment policies, strategies, and the Investment and Banking Policies. (Exhibit D). SECTION 8: City Council approves fees, rates, and charges per Exhibit B and their associated revenue which is incorporated into the budget. Council authorizes the City Manager to make such adjustments in fees, rates and charges from time to time as are in the City Manager's discretion reasonable and necessary based upon facts then existing, including the implementation of new fees, rates and charges or elimination of current ones; provided, however, that a change of more than 25% or the implementation or elimination of any fee, rate or charge shall be reported to the next regular Finance Committee meeting. SECTION 9: The City Secretary is directed to maintain a copy of the adopted budget, to file a copy of it with the City Library and the County Clerk, and to publish a notice saying the budget is available for public inspection [Texas Local Government Code § § 102.008 and 102.009(d)]. SECTION 10: Council may amend this budget from time to time as provided by law for the purposes of authorizing emergency expenditures or for municipal purposes, provided, however, no obligation shall be incurred or any expenditure made except in conformity with the budget. [Texas Local Government Code §§ 102.009 - 102.011; Huntsville City Charter §§ 11.06-11.07.] SECTION 11: The City Manager may, within the policies adopted within this budget, authorize transfers between budget line items; City Council may transfer any unencumbered appropriated balance or portion of it from one office, department, or agency to another at any time, or any appropriation balance from one expenditure account to another within a single office, department, or agency of the City. [Huntsville City Charter § 1 1.06.] SECTION 12: City Council expressly repeals all previous budget ordinances and appropriations if in conflict with the provisions of this ordinance. If a court of competent jurisdiction declares any part, portion, or section of this ordinance invalid, inoperative, or void for any reason, such decision, opinion, or judgment shall in no way affect the remaining portions, parts, or sections, or parts of a section of this ordinance, which provisions shall be, remain, and continue to be in full force and effect. SECTION 13: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 15`" day of September THE Q1Y)WF HUNTSVILLE, TEXAS J. Turner, ATTEST: Lee odward, ity Secretary TO FORM: Attorney