Sec. 79. - Fiscal year.

The fiscal year of the City shall begin on the first day of October and end on the last day of September of each calendar year. The fiscal year shall constitute the budget year of the City government. The term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 80. - The budget.

The budget for the City government shall present a complete financial plan for the ensuing fiscal year. It shall set forth all proposed expenditures for the administration, operation and maintenance of all departments and agencies of the City government for which appropriations are required to be made or taxes levied by the City government; all expenditures for capital projects to be undertaken or executed during the fiscal year; a capital program of proposed capital projects for the five fiscal years next succeeding the budget year, provided, however, this requirement shall not apply to the budget year beginning on August 1, 1952; all interest and debt redemption charges during the fiscal year; and the actual or estimated operating deficits from prior fiscal years. The budget shall also set forth the anticipated income and other means of financing the total proposed expenditures of the City government for the fiscal year.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 81. - The budget document.

The budget document shall consist of three parts, as follows:

Part I shall contain (1) a budget message prepared by the City Manager, which shall outline a fiscal policy for the City government, describing therein the important features of the budget with reference both to proposed expenditures and anticipated income, for the current year; (2) a general budget summary with support schedules, which shall exhibit the aggregate figures of the budget in such manner as to show a balanced relationship between the total proposed expenditures and the total anticipated income for the fiscal year covered by the budget, and which shall compare these figures with the corresponding figures of the last completed fiscal year and the year in progress;

Part II shall contain (1) detailed estimates of all proposed expenditures, showing the corresponding expenditures for each item for the current fiscal year and the last preceding fiscal year with the explanations of increases or decreases recommended as compared with appropriations for the current fiscal year; (2) detailed estimates of anticipated revenues and other income; (3) delinquent taxes for current and preceding years, with estimated percentage collectible; (4) statements of the bonded debt and other indebtedness of the City government, showing the debt redemption and interest requirements, the debt authorized and unissued, the conditions of the sinking funds, if any, and the borrowing capacity of the City.

Part III shall contain a complete draft of the budget ordinance, including an appropriation ordinance and such other ordinances as may be required to finance the budget.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 82. - The preparation and adoption of the budget.

Annually, the City Manager shall establish a budget calendar setting key dates for preparation and adoption of the consolidated annual budget. The departments and agencies of the City government shall transmit, in accordance with the calendar estimates of their budgetary requirements to the Department, responsible for preparing the budget, which shall prepare a budget for the City Manager in the form required by the Charter. The City Manager shall transmit the annual budget to the Council in accordance with the calendar. The Council shall arrange for and hold at least one public hearing on the budget during the period of its consideration. Provided, however, that at least ten days prior public notice shall be given of such public hearing; and provided, further, that at least ten days prior to such public hearing, the City Manager shall cause not less than ten copies to be made available in the office of the City Clerk for distribution to interested persons. The Council may revise, alter, increase, or decrease the items of the proposed budget prior to the adoption of the appropriation ordinance, provided that when it shall increase the total proposed expenditures, it shall also increase the total anticipated income so that the total means of financing the budget shall at least equal in amount the aggregate proposed expenditures. When the Council shall make such changes, it shall issue a statement setting forth clearly its action on the budget. Annually, the Council shall approve the budget plan and shall enact, not later than the twenty seventh day of September, the appropriation ordinance, and such other ordinances as may be required to make the budget effective. As soon as possible after the completion of the tax roll the Council shall pass the tax levy ordinance. A copy of the budget, as finally adopted, shall be filed with the City Clerk, the County Clerk of Bexar County. The final budget shall be reproduced and sufficient copies shall be made available for the use of all departments, offices and agencies of the City, and for the use of interested persons, agencies and civic organizations.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 83. - Work program and allotments.

Immediately before the beginning of each fiscal year, the head of each department or agency of the City government, upon the direction of the City Manager, shall submit to the responsible Department a work program for the year, which program shall include all appropriations for its operation and maintenance and for the acquisition of property, and which shall show the requested allotments of said appropriations for such department or agency by months for the entire fiscal year. The City Manager, with the assistance of the appropriate Department, shall review the requested allotments in light of the work program of the department or agency concerned, and may, if he deems necessary, revise, alter, or change such allotments before authorizing the same. The aggregate of such allotment shall not exceed the total appropriation available to said department or agency for the fiscal year. The responsible Department responsible for preparing the budget shall authorize all expenditures for the departments and agencies to be made from the appropriations on the basis of the approved allotments, and not otherwise. The approved allotments may be revised during the fiscal year by the City Manager, or upon application by the head of any department or agency as approved by the City Manager, but in no event shall the aggregate of departmental or agency allotments exceed the appropriation available to such departments or agencies for the fiscal year. If, at any time during the fiscal year, the City Manager shall ascertain that the available income, plus fund balances, for the year will be less than the total appropriations, he shall reconsider the work programs and allotments of the several departments and agencies and revise them so as to prevent the making of expenditures in excess of the said income and fund balance.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 84. - Transfer of appropriations.

Upon written recommendation of the City Manager, the City Council may at any time transfer any unencumbered appropriation balance or any portion thereof within a department office or agency to another.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 85. - Appropriation of excess revenue.

If at any time the total accruing revenue of the City shall be in excess of the total estimated income, as set forth in the annual budget estimate, the Council may appropriate such excess revenues to the retirement of the unbonded indebtedness of the City.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 86. - Money to be drawn from treasury in accordance with appropriations.

No money shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual or interim fiscal period appropriation ordinance or such ordinance when changed as authorized by this Charter or by the general laws of Texas. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the fund from which appropriated and shall be subject to reappropriation as provided by this Charter; but appropriations may be made by the Council, to be paid out of the income of the current year, in furtherance of public improvements or public works which will not be completed within such year, and any such appropriation shall continue in force until the purpose for which it was made shall have been accomplished or abandoned.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 87. - City depositories.

All monies received by any person, department or agency of the City for or in connection with the business of the City and all funds of the City shall be deposited promptly in the City Depository, which shall be designated by the Council in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by ordinance. All interest on monies belonging to the City shall accrue to the benefit of the City.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 88. - Collection and deposit of revenues.

The Assessor and Collector of Taxes or other designated official(s) shall collect, issue receipts for, and deposit all ad valorem property taxes, all occupational taxes and all fees and dues as may be prescribed by ordinance.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 89. - Seizure and sale of personal property.

The Assessor and Collector of Taxes shall, by virtue of his tax rolls, have power and authority to seize and levy upon all personal property and sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the City. When he seizes personal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice.

A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 90. - Tax lien.

On January 1 of each year, a tax lien attaches to all real, personal and mobile home property to secure the payment of all taxes, penalties and interest imposed for the year on the property, whether or not the taxes are imposed in the year the lien attaches.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 91. - The power of the city to assess, bill and collect ad valorem property taxes.

The City shall have power annually to assess, bill and collect ad valorem property taxes at the rate and in the total amount authorized by the Constitution of Texas and the general laws of this State. The ad valorem property taxes hereinabove authorized shall be assessed annually and collected on the taxable value of all real, personal and mobile home property having situs in the corporate limits of the City. There shall be an officer in the Finance Department who shall be known as the Tax Assessor-Collector of Taxes. This officer shall assess, bill and collect ad valorem property taxes in accordance with the Constitution of Texas and the State Property Tax Code. The tax levied by any improvement district in the City shall not exceed twenty-five cents annually.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 92. - Occupation taxes.

The Council shall have power annually to levy and collect occupation taxes, in accordance with the provisions of the laws of the State of Texas.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 93. - Method of levy, assessment, and collection of taxes.

All city taxes shall be levied, assessed and collected in the same manner as may be provided by the laws of Texas for the levy, assessment and collections of state and county taxes, unless otherwise provided by this Charter, or by ordinance; provided, however, that no discounts may be granted for the advance payment of taxes. All powers conferred by the general laws of Texas as they now or hereafter may exist for the assessment, levy and collection of taxes by county and city assessors and collectors are hereby adopted and made applicable to the City and shall be in addition to and cumulative of the powers herein expressly granted, including without limitation, those granted to county and city assessors and collectors of taxes, and to all other persons, bodies or agencies concerned with the assessment and collection of taxes.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 94. - Tax rate.

The City Council before September 15 or as soon thereafter as practicable shall adopt a tax rate for the current tax year and shall notify the Tax Assessor-Collector of the rate adopted. The tax rate consist of two components, each of which must be approved separately. The components are:

The rate that, if applied to the total taxable value, will be used to pay debt service for the fiscal year; and

The rate, that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures for the fiscal year.

The City may not impose property taxes in any year until the City Council has adopted a tax rate for that year, and the annual tax rate must be set by ordinance. The vote on the ordinance setting the tax rate must be separate from the vote adopting the budget.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 95. - Taxes when due.

All ad valorem property taxes are due on receipt of the tax bill and are delinquent if not paid before February l of the year following the year in which imposed. The Council shall have power, by ordinance, to provide for the payment of any taxes due, at the option of taxpayers, in one payment, or two equal installments.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 95A. - Change in tax and fiscal years.

The Council, by ordinance, after a public hearing thereon following notice thereof published 15 days prior to the date of the hearing, is authorized to provide for a change to be made in the City tax year from June 1 through May 31, to January 1 through December 31, and the Council, by ordinance, is authorized to provide that the change be made in one or more stages, and that necessary and appropriate changes be made in the dates for renditions, filing of inventories, assessments, levy of taxes, billings, the period in which payment is to be made, the time when taxes become delinquent, and related matters, to conform to the change in the tax year.

The Council is further authorized by ordinance, in the same manner, after notice and public hearing, to provide for a change in the City's fiscal and budget year from the present period to the period October 1 through September 30, in one or more stages, in conjunction with any change in the tax year pursuant to the authority given hereinabove, and to provide for necessary and appropriate changes to be made in the dates for preparation and adoption of the budget, for submission of work programs and allotments, and for related matters.

In order to provide any necessary financing during the transition or changeover period(s), the Council may, by ordinance, authorize the borrowing of money by the issuance of general obligation bonds or promissory notes and the levying of a sufficient tax to pay the interest thereon and to provide the required sinking fund to pay the principal thereof, and/or may authorize the payment of all or any part of said interest and principal from any other anticipated tax receipts or other available funds.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 96. - Penalties and interest on delinquent taxes.

A delinquent tax incurs a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. However, a tax delinquent on July 1 incurs a total penalty of twelve percent of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax accrues interest at a rate of one percent for each month or portion of a month the tax remains unpaid.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 96A. - Additional penalty for collection costs.

Taxes that remain delinquent on July 1 of the year in which they become delinquent incur an additional penalty to defray costs of collection. The amount of the penalty may not exceed 15 percent of the amount of taxes, penalty and interest due.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 96B. - Delinquent tax attorney.

The City Council may contract with any competent attorney to represent the City to enforce the collection of its delinquent taxes.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 97. - Purchase procedure.

Paragraph 1. Contracts for the purchase of supplies, material, or equipment, or for contractual services shall be in writing and opportunity for competitive bidding shall be given before they are awarded as required by state law. The Council shall have the right to reject any and all bids.

Paragraph 2. Where the contract is for less than the amount required to be bid by state law and the item is one provided for in the budget, the Council by ordinance may authorize designated City officials to approve and execute the contract without Council approval, after public notice, competitive bids, requests for proposals, or other procedures and safeguards as may be required in such ordinance. This provision would apply to all city contracts.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 98. - Authority to issue bonds.

The City shall have power to borrow money on the credit of the City and to issue bonds to construct, acquire, equip, renovate, improve and repair public works for public purposes and to fund or refund any bonded indebtedness; provided, however, that any proposition to borrow money and to issue bonds, except as otherwise authorized by the general laws of Texas, shall be first approved by a majority of the qualified electors of the City voting in an election held, as prescribed by ordinance, as nearly in accord with this charter and the laws regulating City elections as may be practicable. The ordinance calling such election shall distinctly specify the purpose thereof; provided, however, that more than one subject or purpose may be included but each shall be separately stated. No election shall be required to authorize the refunding of bonds issued and outstanding. The total bonded debt of the City shall never exceed ten percent of the total assessed valuation of property shown by the last assessment roll, exclusive of any indebtedness secured in whole or in part by special assessments, exclusive of the bonded debt of any improvement district, and exclusive of any indebtedness secured by revenues, other than taxes, of the City or of any department or agency thereof.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 99. - Revenue bonds.

The City shall have power to issue its revenue bonds for the purposes and in the manner and form now or hereafter authorized by any general law of Texas. The City shall also have power to issue its revenue bonds for the acquisition of any other utility or property for public use and to enlarge, improve, extend or equip the same, and to issue its revenue bonds for any other lawful public purpose, provided such bonds shall never be a debt of the City and shall be a charge upon and payable solely from the designated sources, properties or interest acquired and the income therefrom. The Council shall have authority to provide for the terms and forms of any purchase agreement, contract, mortgage, bond or document desired or necessary for the issuance of revenue bonds and the acquisition and operation of any such property or interest.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 100. - Issuance of bonds for improvement districts.

The City shall have power to borrow money on the credit of any improvement district of the City and issue bonds therefor for permanent public improvements in such districts, and the Council may divide the City, or any portion thereof; into improvement districts; but every proposition to borrow money on the credit of any improvement district for permanent public improvements therein shall be first submitted to and approved by a majority of the qualified electors residing within such district, voting in an election held for such purpose and shall distinctly specify the purpose of the loan and the permanent public improvements to be constructed; provided, however, that several improvements of different character may be submitted at one election. All bonds shall specify the purpose for which they were issued. All accrued interest to date of payment of the proceeds of sale shall be deposited in the City depository. Such bonds may be negotiated in lots as the Council may decree. No debt shall be contracted for the payment whereof such bonds are issued until such bonds are sold and no debt shall ever be created against any improvement district unless at the same time provision be made to assess and collect annually upon property in such district a sum sufficient to pay the debt service on such bonds and create a sinking fund thereon as required by law. The tax which shall be collected annually from the owners of property in such improvement district for payment of such bonds shall be in addition to all other current taxes levied by the City, and the fund thus created shall be kept separate by the City depository from other funds, and shall not be diverted or used for any other purpose than to pay interest and principal on such bonds.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 101. - Sale of bonds.

No bond issued by the City shall be sold until after the terms have been considered and the sale has been approved by City Council.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 102. - Sinking fund.

It shall be the duty of the Council each year to levy a tax sufficient to pay the debt service on and provide the necessary sinking fund required by law on all bonds outstanding. The interest and sinking fund, and the funds hereafter created for the retirement of bonds shall be deposited in separate accounts in the City depository and shall not be diverted to any other purpose, or used for any purpose other than to pay interest and principal on such bonds.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 103. - Sinking fund administration.

The sinking fund for the redemption of any loan or debt may be invested in any investment instruments as authorized by the laws of the State of Texas and any other applicable law, which may include United States interest bearing bonds or bonds of the State of Texas, or Bexar County, Texas, or in bonds of the City, or of any improvement district thereof and the interest of such bonds, shall be reinvested; and such investment instruments shall be sold when necessary to pay the interest or principal of the bonds issued under the provisions of this section. Said sinking fund may be appropriated at any time to reduce the public debt by the purchase and cancellation of outstanding City bonds, or for the investment of such sinking fund.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 104. - Disbursement of funds.

All checks, vouchers or warrants for the withdrawal of money from the City depository shall be signed by the Director of Finance, or his deputy; provided, however, that checks, vouchers or warrants for the withdrawal of sinking funds shall also be signed by the City Manager, or, in his absence, by an officer designated by the Council.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 105. - Borrowing in anticipation of property taxes.

In any tax year, in anticipation of the collection of the ad valorem property tax for such year, whether levied or to be levied in such year, the Council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the City each of which shall be designated "tax anticipation note for the 19____________" (stating the tax year). Such notes shall mature and be payable not later than the end of the tax year in which issued, and may be secured by the pledge of the ad valorem property taxes for such year.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 106. - Borrowing in anticipation of other revenues.

In any tax year, in anticipation of the collection or receipt of other revenues of that year, the Council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the City, each of which shall be designated "special revenue note for the year 19____________" (stating the tax year). Such notes may be renewed from time to time, but all such notes, together with the renewals shall mature and be payable not later than the end of the tax year in which issued, and may be secured by pledge of such other revenues for such year.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 107. - Independent audit.

As soon as practicable after the close of each fiscal year, an independent audit, in accordance with specifications defined by ordinance, shall be made of all accounts of the City government by a Certified Public Accountant, selected by the Council, who shall have no personal interest directly or indirectly in the financial affairs of the City government, or of any of its officers. The results of this audit shall be published immediately upon its completion.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Secs. 108—111. - Reserved.