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HomeMy WebLinkAbout12220 ORD - 08/14/1974JRR:jkh:8 -2 -74; 1st AN ORDINANCE APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1974, AND ENDING JULY 31, 1975, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH STATE COMPTROLLER AND COUNTY CLERK UNDER TEXAS BUDGET LAW, BEING SUBJECT OF APPROPRIATION HEREUNDER OF MONIES FOR SAID BUDGET; PROVIDING SAVINGS. WHEREAS, the City Manager of the City of Corpus Christi, pursuant to the provisions of the City Charter, did submit to the City Council a Budget Estimate of the revenues of said City, and the expenses of conducting the affairs therefor for the ensuing Fiscal Year beginning August 1, 1974, and ending July 31, 1975, and which said estimate had been compiled from detailed information obtained from the several departments, divisions and offices of the City, in accordance with the said City Charter provision; and WHEREAS, the members of the City Council have received and studied said City Manager's Budget Estimate and have called and held the proper hearing in accordance with Article 689 -a of Vernon's Annotated Statutes of Texas, on said Budget; and WHEREAS, in accordance with the provisions of the Charter of the City of Corpus Christi, Texas, it is necessary that the City Council accept and adopt the Budget at the conclusion of such public hearings, and before the first Regular Meeting in August, 1974, of the City Council; and WHEREAS, upon adoption of the Budget, and pursuant to Section 15, Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council, must, at once, by ordinance appropriate such sums of money for each fund, department, division, and office as provided in the Budget for the ensuing Fiscal Year from August 1, 1974 to July 31, 1975: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering the proposed expenditures of the City of Corpus Christi, amounting to $46,435,942 and the estimate of the revenues of the said City amounting to $42,910,255 from City sources other than Revenue Sharing and $3,525,687 from Revenue Sharing and legal interest on Revenue Sharing for a total of $46,435,942 for the Fiscal Year beginning August 1, 1974, and ending July 31, 1975, as submitted to the City Council by the City Manager, be as adopted 12220 • approved for filing with the State of Texas as the Budget of the City of Corpus Christi, for the Fiscal Year beginning August 1, 1974, and ending July 31, 1975. SECTION 2. That upon the passage of this ordinance approving the Budget of the City of Corpus Christi, for the Fiscal Year beginning August 1, 1974, and ending July 31, 1975, certain sums of money from all sources of City revenues, as described in said Budget, be, and they are hereby, appropri- ated to cover the sums for expenditures and investments as provided for each of the several funds, departments, divisions and offices of the said City, as all said sums do appear in the said Budget adopted and by this ordinance formally approved by the said City Council of the City of Corpus Christi, and said Budget being of record in the public archives of said City, and, by this reference, incorporated herein in haec verba as though fully set forth herein verbatim. SECTION 3. That, upon final passage of this ordinance, true, certified copies of the same be by the City Manager forthwith transmitted with true, certified copies of the said 1974 -1975 City of Corpus Christi Budget, one of each to the State Comptroller of the State of Texas and one of each to the County Clerk of Nueces County, the County Clerk of San Patricio County, and the County Clerk of Kleberg County. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word,.or provision hereof be given full force and effect for its own purpose. • That the foregoing ordinance was read for he first time and passed to its second reading on this the V /Sraay of _, 19 71t., by the • following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordinance was read for the second time an passed to its third reading on this the 7 Z day of 19 7 , by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the foregng ordinance yas read fo the third time and passed finally on this the /14TX day of , 19 9f4, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark V PASSED AND APPROVED, this the / day of _ ATTEST: City Secretary APPR OF, 192: City/Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • MESSAGE TO THE PEOPLE OF CORPUS CHRISTI FROM: MAYOR JASON LUBY RE: VETO OF THE CITY MANAGER'S PROPOSED 46.4 MILLION DOLLAR BUDGET FOR 1974-75 The City Budget is the proposed expenditures of moneys from various sources, and is extremely complex. The Charter requires that it be presented to the City Council by the second week in June to allow ample time to discuss and study it before the August 1st deadline. My original refusal to pass 1t on an emergency basis was due to the fact that even on that date, July 31, the entire budget was not in our hands. Even so, all of the Councilmen voted to approve it. I felt then, and I feel even more strongly now, that this enormous sum is too great and too inadequate in health areas for us to approve it without even knowing where the money will come from. The City Manager has said this budget will not cause taxes to rise. The Council has passed an ordinance to that effect. Ordinances are easy to pass. Let me remind you that these gentlemen have already removed two million dollars' worth of bayfront pro- perty from the tax rolls, all by ordinance. That spreads the tax burden even thinner. My concern is for the many people on fixed income, small businessmen currently worried sick about overhead, the middle and lower income people whose grocery bills continue to rise, whose living costs continue to rise, and who were not given a ten percent cost of living raise. These are the people who are expected to carry the brunt of this budget. There has been very little explanation of what was done to the budget in the utilization of the bulk of our revenue sharing funds to buy up bayfront land in Bayfront Science Park extension. Revenue sharing funds were intended to help the cities get their urgent needs cared for, and that is what we should have done. Instead, this City Council, on the advice of the City Manager, deleted a sewer line costing approximately one million dollars, which was approved by the voters in 1970. I do not know why this project is not well under way after so many years. But I do know that 1970 estimates will not pay for 1974 jobs, and postponing only increases the cost, while the needed pipe is extremely scarce. The tragedy h that this crucial item was replacement of the oldest sewer line in the City, from approximately Ayers Street to Naples Street. The City has lowered a television into this line and observed that it has numerous dangerous cracks. The engineering department had reported that replacement of this line is urgent and that it must be increased to 24 inches from the present 20 inch diameter because of visible overloading at manholes during peak pressure. Most Corpus Christians are not aware that the City still trucks sewage from Clarkwood. But the budget cannot stretch to cover essentials. PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Ls: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came R, Baker , who being first duly sworn, according to law, says that he is the PAISfic_412 ... MAPAger of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Le.g_al.,.,_,_Ap_prpving.A1 Cu pup Chyisti Bud,ustL 1974—July_11 , 1975 of which the annexed is a true copy, was published in Times on the.....1.a_ day of Auguat kodunemonces. 3541MINIXOCIL 1 Times. 43. ?WI R. B r, Class. Ad. Manager Subscribed and sworn to Jefore me this 20 day of_ .Aumat 19..11l. Louise Vick LL Notary Public, Nueces County, exas APPROVING ORDINANCE tOIfFE CORE 105 FCHRISTI5I:AL Y.EARFOR 000NNING AUGUST_ 1, 1974 . AND JULY 51, 1975, ACCOR.DI.NG TO THE CITY CHARTER TOR PURPOSE OF FILING ADOPTED BUDGET 0177Th STATE COMPTROLLER ARD COUN- TY CLERIC U977EER 71E7(A5 WOG. ET LAW BEING SMELT OP AP. !PROPTUATION. HEREUNDER OF MONIES FOR SAID BUDGET; ■ PROVIDING SAVINGS, MtHERE:a the City City- a Capita Christ) Woof to 9th provisions of tlta City Charter, lend submit to the cuy [eulicll �.Estimate the revenues at sale. ducting ba Moire the for the ensuing Fist 1 Yea beginning Aogua 1, 1974, and ending Jay 31, 1975, and - vlhich.sold estimate had been cosh Fpiled hem 600011 ho d Information ob. Coined from C ¢ceS a &9or#m 51010 0 and alryhey a Bib Qt1yy, accordance with 1170 sad City Chart. 'WHEREAS, ftlernembem er the Cary 1Counct have removed and attuned aa0 CRY Malagar's stow Estimate M have celled and held the proper hearing N ocmraance with Article of Tows, an sold 'Budget; and - WHEREAS, 1ft o¢ •40010 with the provisions of the Charier of the Clty 01009909 Christi, Taros It is mLL�s- _t000 Budd 00 Me niere"1a publla heaingo. 0194 3elor0 g0 Mist Reguha until; g nd gagyt,'1974. a the aty Council; and &Idea, and awn 040otian • M' tla Attica, arch love City to rt r of 15, Article IV, a the Qty Ooorhy aI the Cty of Corpus Christi; Texas, Cho ❑ty 1, must at Oneo, by ardl annul apps m E�h e a moa- - ter each f, 7on, and once 05 provided N the 004get for the ensuing Fiscal Year tram August 1, 1974 10 July 31, 1975: NOW, ISE City CTION 1. That the Butl�7 rots Christi, covering—Mc US proposed exoendnureo of the City at Corp yys0 Christi, amounting to menus ,9d2 and fhe estimate of the of the sold Oly °mo ring a 542910,26 from City sources ether than Revenge Sharing end 51,5525,537 ler�es0 Ra .eR0007700Shharing lord}olni of 840A33,942 far the Fiscal. Year beginning August 1, 1974, and ending July 31, 1975, as submitted to the City Caun011 by the City Manager, bo e .Sper04 h01 Ch Budet a th City a Carpus Crist, fa the Fetl Ycor beglnolntgg August 1, 1974, SECTION 000193 July 31, 1975, of MB o 2 Thal Lpen fha�ge of alb armnanceaporoving 91 Bvda m rho Gfy of Con05 Chrisll, for the Fetal Year beginning August t 1974, not ending from31, 11975, cerfal, • SUMS �N raven s�,yas described sources WPrapr;aed 10 cover the sans tar expenditures and %vestments as brovidee for each at the /funds, de700970005, divlslore god 09- lIlan al the bold Cly, as all said (sums do apnea i, the saki BWaai Pled paprdwa1d75 11111, Bruin ®ee 1444r 0000o'l of the City cd Corpus, C9 land said Budget being a.reeo(4 M the public drchrves a Bald' City, and, ay this reference, Inexpor0led heroin In 1,000 verbs as t7Wgh fully dot forth herein verbatim. SECTION 3. That open final passage of this ordinance, true, certified m0. Jos a the sema po by file city Manager forftwith to, catlike alphaa of 10910 . sold re 79741975 att..' of Caws Christi Budget ow of each to the We Comptroller of the State 'oh Tools as ono ea e Clerk a' Cer8 44 p and, Bra SEcr, Clerk 00 Webers S 7100, L U Ter any n, subdon a phrase, 'word, or provvision of e 91171 0001101099 011011 b0 he14 9000114 a o 11001 by Kral ludgmplf hall not affect ny other 11 997 her clause lug., ;subdivision, Clouse provision cdlnonae, fa It Is ia dentate Intent 4 this City Council that every 000. ran, M007090 h, 0uhdivfsan, clause, phrase: ward, or protislon hereof. ba 0 full form mid effect for his BE IT OR- °AIMED BY THE CITY COUNCIL • OF THE ❑W OF CORPUS, CHRIST II, TEXAS; •Veto of the 1974 -75 Proposed Budget Page 2 It is worth noting that the third biggest item in the budget is debt retirement. We are already way out of proportion on interest, yet the Council plans to propose further bond elections for these sewer improvements. The six Councilmen went into office on a campaign promising to improve the economy and create 2,000 jobs. I submit to you that the economy has suffered severely and that we do not have those added jobs. Instead this City's high cost of living has led to flourishing dormitory cities around us, decreasing the number of taxpaying residential occupants here. Businesses are closing all over the City. Bankruptcies increase monthly. Yet the City Manager continues to envision the City as one of sweeping growth. The time is not right for a luxury budget. We need to cut every corner. We need to take a hard look at the number of highly paid executives in City Hall . Seventeen make more than the Chief of Police and the Fire Chief; the two jobs that would be the last the voters would choose to eliminate. • President Ford has made it plain that every part of the country must fight inflation. Only this week, the University of Texas announced that its new Fine Arts Building had been eliminated from the current plan. This week, Corpus Christi leamed that 129 houses built on the HUD 235 program for low cost housing have been padlocked because the owners were not able to make the pay- ments in our increased cost of living. Reports indicate that most of the former owners have gone to outlying small towns. You Councilmen campaigned on promises to improve the economy and create 2,000 jobs. 1 submit to you that this was aimed at the low- income people like the 129 families who lost their homes. Instead of the improved economy, this City's high cost of living has led to flourishing dormitory cities all around us, so that people who earn their money in Corpus Christi pay their taxes in Portland, Robstown, Orange Grove, Odem, Mathis, etc. While we are running these people out, we continue to remove our bayfront land from the tax rolls. It is my understanding that a reappraisal of the land originally scheduled for the Convention Center has been ordered. Now the manner by which this land is being purchased is one major reason for my veto. When ordinances come before the Council, land descriptions are by numbers, lot and block, etc. It was my faith in the City Manager that caused me to vote for purchasing land I understood was necessary for the auditorium and Little Theater. • Veto of the 1974 -75 Proposed Budget Page 3 I will show you the map of the land we were buying. (See Exhibit "A ") You can see that no single block was completely purchased, and the very manner of purchasing naturally forced land values up, costing the taxpayers more. Why? We don't need all this land. We can't even pay for it legally by revenue sharing funds as we were led to believe. This whole expenditure of tax money is based on Sec. 103 of Public Law 92 -512, 92nd Congress, HR 14370, October 20, 1972, which is titled "Use of Funds by Local Governments for Priority Expenditures ". (See Exhibit "B ") It is the shocking truth that when the last page of the budget was finally produced-- - the page that deals with revenue sharing appropriations and commitments - --it clearly stated that as of June 30, we were over -committed for $134,813. Yet last week and again today, there are more ordinances to buy Bayfront Science Park Land. Gentlemen, let me call your attention to Article IV, Sec. 21 of the City Charter, dealing with Certification of Funds which says that no agreement may be entered into unless the Director of Finance first certifys that money for such contracts is in the treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose. (See Exhibit "C "). • By the foregoing written objections, I hereby veto the Budget Approval and Appropriation Ordinance, being Ordinance No. 12220. Received by: Sincerely, Bi G. Read, City Secretary Date Received: Hour Received: AuUusr 2.1, /97V 2 :o8 em. JASON LUBY, May City of Corpus Christi, Texas Public Law 92 -512 92nd Congress, H. R. 14370 October 20, 1972 21n Z(t a tit 86 51AT. 919 To pun lde fiscal eseletanee to State and local governments, to authorize Federal collection of Slate 'mils !dual Income taxes, end for other tinrposao. Be it enacted by the Senate and hose of Ropresentative0 of the United Stater a f America in Congress aesernbled, Federal - State revenue TITLE I— FISCAL ASSISTANCE TO STATE AND LOCAL 0h0+K 6* GOVERNMENTS Subtitle A— Allocation and Payment of Funds SEC. 101. SHORT TITLE. This title may be cited as the "State and Local Fiscal Assistance Act of 1972 ". SEC. 102. PAYMENTS TO STATE AND LOCAL GOVERNMENTS. Except es otherwise provided in this titlea,, the Secretary shall, for each entitlement period, pay out of the Trust Fund to— (1) each State government a total amount equal to the entitle- ment of such State government determined under section 107 for such,l]cried, and (2)1 each unit of local government a total amount equal to the entitllement of such unit determined under section 108 for such period. In the case of entitlement periods ending after the date of the enact- ment of this Act, such payments shall be made in installments, but not less often than once for each quarter, and, in the case of quarters ending after September 30, 1072, shall be paid net later than 1 days after the close of each quarter. Such payments for any entitlement period may he initially made on the basis of estimates. Proper adjust- ment shall be made in the amount of any payment to a State govern- ment or a unit of local government to the extent that the payments previously made to such government under this subtitle were in excess of or leas than the amounts required to be paid. SEC. 161. USE OF FUNDS BY LOCAL GOVERNMENTS FOR PRIORITY EXPENDITURES. (a) Ix Gexesu.. —Funds received by unite of local government . under this subtitle may be used only for priority expenditures. For purposes of this title, the term "priority expenditures" means only — (1) ordinary and necessary maintenance and operating expenses for — (A) public safety (including law enforcement, fire protec- tion, and building code enforcement), (B) environmental protection (including sewage disposal, sanitation and pollution abatement), (C) public transportation (including transit systems and streets and roads), (D) health, (j((E)) recreation, F) libraries, G social services for the poor or aged, and H financial administration; and (2) ordinary and necessary capital expenditnres authorized by law. (h) CEST1F7CATES BY LOCAL GovEntsnar s. —Tile Secretary is authorized to accept a certification by the chief executive officer of a unit of local government that the unit of local government has used 05.008 18081 0 Oitatton st title. "Priority expenditures: EXHIBIT tl• o /2f ,�j�415t6,7� 9p a, AUG 1974 m RECEIVED w. aP OFFICE OF -COI THE MAYOR „rn t 0C6Za% EXHIBIT "glIP UNSPENT ALLOCATIONS - REVENUE SHARING as of June 30, 1974'' First Entitlement Period Amount Neighborhood Community Action Centers $ 6,696 Tenants' Assistance Program 17,100 Purchase of Ambulances and Related Equipment 3,376 YWCA - Crisis Intervention Center 1,000 Airport Security and Fire Protection 759 Completion of Greenwood Park and Pool Facilities 108,607 Acquisition of Land for Pine and Pueblo Parks 5,600 Covered Bus Stops 8,872 Clarkwood Drainage Ditch Utility Relocations 102,65 Reserve Appropriation 46 Total Unspent Allocations $ 254,709 Second Entitlement Period Interim Funding of Neighborhood Improvement Program $ 85,000 Reserve Appropriation )2J7 ,yce • 22,126 Total Unspent Allocations $ 107,126 Third Entitlement Period Landfill Equipment for Sanitation Division $ 500,000 �- Coliseum and Exposition Hall Landscaping 100,000 Completion of Second Floor Parkdale Library 4,752 Acquisition of Land for Expansion of T. C. Ayers Park 16,2507- Acquisition of Land for Bavfront Science Park - 163,603 Reserve Appropriation 19,999 Total Unspent Allocations $ 804,604 Fourth Entitlement Period Construction of 2 Senior Citizen Centers Reserve Appropriation Total Unspent Allocations $ 474,500 1,030,573 $1,505,073 Total Unspent Allocations for All Four Entitlement Periods $2,671,512 UNSPENT ALLOCATIONS — REVENUE SHARING 'as of June 30, 1974 Page 2 Total Reserve Appropriations $1,072,744 Commitments Against Reserve Appropriations ,Paving of Nueces Bay Boulevard Additional Costs for the Ocean Drive Overlay Project Acquisition of Land off the Main Runway — Naval Air Station ,Acquisition of the Remaining Parcels in the Bayfront Science Park Completion of the Acquisition Program for Phase II of the Corpus Christi Beach Project Total 200,000 17,300 500,000 203,257 l~' 287,000 $1,207,557 ($ '134,813) • PRESENT: Mayor Jason Luby Commissioners: Rev. Hid T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Hall. Church. • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 21, 1974 2:00 P.M. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Jason Luby called the day's meeting to order in the Council Chamber of the The Invocation was given by Reverend William K. Schuster of Mt. Olive Lutheran City Secretary Bill G. Read called the roll of those in attendance. Motion by Branch, seconded by Ricardo Gonzalez and passed, that Mayor Pro Tem Acuff be excused for just cause. Mayor Luby announced the issuance of proclamations as follows: WOMEN'S SUFFRAGE DAY, August 26, 1974; and FOSTER GRANDPARENT PROGRAM DAY, August 28, 1974. On request of Mayor Luby, and by consensus of the Council, Pending Agenda Item 6(a), "Return to Council of Mayor's veto of Ordinance No. 12220, which provides for approval and appropriation of funds for the 1974 -75 Budget," and Pending Agenda Item 6(b), "Call of Council consideration and vote on Mayor's veto of Ordinance No. 12220," were taken out of their regular order for consideration at this time. Mayor Luby delivered to the City Secretary, in open meeting of the Council, Ordinance No. 12220, unsigned, with his veto statement containing written objections attached thereto at 2:08 p.m., August 21, 1974. Mayor Luby read his 3 -page veto statement in its entirety, and noted attached Exhibit "B" (State and Local Fiscal Assistance Act of 1972, listing use of funds by local governments for priority expenditures); and Exhibit "C ", (Unspent Allocations - Revenue Sharing). A copy of this statement with referenced Exhibits, are attached to Ordinance No. 12220, which was finally approved by the Council August 14, 1974, and on file in the office of the City Secretary. Mayor Luby made comments relative to his reasons for vetoing the City Manager's proposed 46.4 million dollar budget, specifically pointing out that the City Manager had said this budget will not cause taxes to rise, but that $2 million worth of Bayfront property had been •Minutes. Regular Council Meeting August 21, 1974 Page 2 • removed from the tax rolls by ordinances which will spread the tax burden thinner. He requested that he be shown certificates of appropriation for all Bayfront Science park projects, certificates of available funds, and proposed values. He pointed out on a map (Exhibit "A" attached to Ordinance No. 12220) areas already purchased. He stated that purchase of the Bayfront Science Park land with revenue sharing money was illegal according to Federal Law which calls for these funds to be used for "ordinary and necessary" operating expenses for capital improvements, and these purchases were not ordinary nor necessary because the City already has plenty of park land and there are more pressing priorities elsewhere in the City. Mayor Luby also criticized the deletion of a sewer line which he stated was approved by the voters in a bond issue in 1970 and stated that in his opinion this project should have been left in the budget, and other items such as land acquisition deleted. He pointed out the depressed economic situation in the City and stated the time is not right for a luxury budget. City Manager Townsend responded point by point to Mayor Luby's statements and reassured the Council that the 1974 -75 budget is balanced and has been correctly prepared, submitted, adopted and approved. City Attorney Riggs stated that in accordance with a recent digest of rulings from the Office of Revenue Sharing and the direct comment to him in November, 1973, National Institute of Municipal Law Officers Meeting, Dallas, by the Deputy General Counsel of the Office of Revenue Sharing, that the Local Fiscal Assistance Act is to be liberally interpreted to permit our hard - pressed cities to meet the needs of particular communities as their respective goveming bodies evaluate those local needs from time to time, he has found nothing inconsistent with the interpreta- tion of these rulings and the actions of this City relating to Bayfront Science Park, and which do include recreation, purchase of land, buildings, parks and maintenance, and operations for the implementation of recreation and culture in the City. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay ", that the Corpus Christi Budget, as presented by the City Manager for the ensuing fiscal year beginning August 1, 1974, and ending July 31, 1975, and appropriation Ordinance No. 12220, be reaffirmed as finally passed. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay ", that the Mayor's subject veto of Ordinance No. 12220, approved by the Council August 14, 1974, be specifically overridden.