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HomeMy WebLinkAbout03495 ORD - 07/01/1953AN ORDINANCE CREATING THE CITY - COUNTY WELFARE BOARD; DEFINING ITS POWERS AND - JURISDICTION; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT AND TERMS OF ITS MEMBERS, THEIR REMOVAL, MEETINGS, COMPENSATION AND EXPENSES; DEFINING CERTAIN TERMS; PROVIDING FOR KEEPING OF RECORDS AND APPROPRIATION OF MONEY; PROVIDING FOR THE HIRING OF AN EXECU- TTVE SECRETARY AND OTHER EMPLOYEES; PROVIDING FOR THE TIME WHEN THE PROVISIONS OF THIS ORDINANCE SHALL BECOME EFFECTIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESPECIALLY REPEALING IN ITS ENTIRETY ORDINANCE NO. 3190; AND DECLARING AN EMERGENCY. WHEREAS, IT HAS BEEN DETERMINED THAT IT IS DESIRABLE TO HAVE A COMBI- NATION OF CITY AND COUNTY WELFARE DEPARTMENTS AND THAT SUCH COMBINATION WOULD BE MORE EFFECTIVE IN THE FIELD OF PUBLIC WELFARE AND MORE ECONOMICAL IN OPERATION; AND WHEREAS, IT iS THE DESIRE OF BOTH THE CITY OF CORPUS CHRLSTI ACTING THROUGH THE CITY COUNCIL, AND THE COUNTY OF NUECES ACTING THROUGH THE COMMISSIONERS COURT TO CREATE SUCH A CITY - COUNTY WELFARE BOARD AND TO VEST POWER OF ADMINISTRA- TION OF PUBLICWEL.FARE MATTERS IN WELFARE BOARD AND PROVIDE FOR THE FINANCING OF EXPENSES AND ACTIVITIES OF SAID BOARD: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF v CORPUS CHRISTI, TEXAS: 'x SECTION 1. THERE IS HEREBY CREATED A BOARD COMPOSED OF FIVE (5) +t'MEMBERS TO BE KNOWN AS THE "CITY- COUNTY BOARD OF PUBLIC WELFARE ". SECTION II. DEFINITIONS: WHENEVER THE TERM "CITY" IS USED HEREIN THEN THE TERM SHALL MEAN THE CITY OF CORPUS CHRISTI ACTING BY AND THROUGH ITS CITY COUNCIL, AND WHENEVER THE TERM "COUNTY" IS USED THE NAME SHALL MEAN THE COUNTY OF NUECES ACTING BY AND THROUGH ITS COUNTY COMMISSIONERS COURT. THE TERM "MEMBERS OF THE CITY COUNCIL" SHALL INCLUDE THE COMMISSIONERS AND THE MAYOR. AND THE TERM "COUNTY COMMISSIONERS' COURT" SHALL INCLUDE THE COUNTY COMMISSIONERS AND THE COUNTY JUDGE OF NUECES COUNTY. THE TERM "BOARD" AS REFERRED TO HEREIN SHALL MEAN THE CITY - COUNTY BOARD OF PUBLIC WELFARE. SECTION III. THE CITY- COUNTY BOARD OF PUBLIC WELFARE SHALL BE COMPOSED AS HEREAFTER PROVIDED IN SECTI ONIV, y JpOF FIVE (5) MEMBERS WHO SHALL BE SELECTED,�AT A JOINT MEETING OF THE CITY COUNCIL AND COUNTY COMMISSIONERS' COURT HELD DURING THE FIRST WEEK OF JULY EACH YEAR. A MAJORITY VOTE OF THE MEMBERS OF THE CITY COUNCIL AND COUNTY COMMISSIONERS' COURT AT SUCH JOINT MEETING SHALL BE NECESSARY TO SELECT A MEMBER OF SUCH BOARD. L/.. ' 95 .T. - SECTION IV: NO COMPENSATION SHALL BE PAID TO THE MEMBERS OF THE BOARD FOR THEIR SERVICE ON THE BOARD. Vy SECTION V. THE TERMS OF OFFICE SHALL BE FOR FIVE (5) YEARS, AND UNTIL (,/4 THEIR SUCCESSORS SHALL HAVE BEEN APPOINTED AND DULY QUALIFIED EXCEPT THAT THE 1 -TERMS OF OFFICE OF THOSE APPOINTED AT THE FIRST JOINT MEETING OF THE CITY COUNCIL AND COUNTY COMMISSIONERS' COURT SHALL BE FIXED AT THE TIME SUCH MEMBERS ARE ELECTED ONE MEMBER TO BE ELECTED FOR A PERIOD OF ONE YEARS ONE FOR A PERIOD OF TWO YEARS ONE FOR A PERIOD OF THREE YEARSy ONE FOR A PERIOD OF FOUR YEARS AND ONE FOR A PERIOD OF FIVE YEARS. THEREAFTERS AS EACH TERM EXPIRES ANNUALLY A MEMBER SHALL BE ELECTED FOR A PERIOD OF FIVE YEARS. PROVIDED, HOWEVER, THAT NO MEMBER SHALL BE ELECTED FOR A FULL TERM OF FIVE YEARS IF HE HAS IMMEDIATELY PRIOR THERETO COMPLETED A FIVE YEAR TERM OF SERVICE ON SUCH BOARD. -IN THE EVENT OF -A VACANCY OR VACANCIES ON SUCH BOARD, SAID VACANCY OR VACANCIES SHALL -BE FILLED FOR THE UNEXPIRED TERM BY JOINT ACTION OF THE CITY AND COUNTY. SECTION VI. -THE MEMBERS OF SAID BOARD SHALL TAKE AN OATH OF OFFICE SUCH AS IS REQUIRED OF STATE OFFICERS UNDER THE CONSTITUTION. THE BOARD SHALL HOLD AT LEAST ONE MEETING EACH MONTHS TO BE DESIGNATED BY THE BOARD, AND THE FAILURE OF ANY MEMBER TO ATTEND THREE (3) CONSECUTIVE REGULAR MEETINGS SHALL CAUSE A VACANCY IN HIS OFFICE UNLESS SAID ABSENCE IS EXCUSED BY FORMAL ACTION OF THE BOARD. ANY MEMBER OF SAID BOARD MAY BE REMOVED FROM OFFICE BY THE JOINT ACTION OF TH.F CITY MANAGER AND COUNTY JUDGE. ANY BOARD MEMBER SO REMOVED BY THE CITY MANAGER AND COUNTY JUDGE MAY, WITHIN FIVE DAYS AFTER SUCH REMOVAL, REQUEST IN WRITING A PUBLIC HEARING BEFORE A JOINT SESSION OF THE CITY COUNCIL AND COMMISSIONERS' COURT. AT SUCH HEARING THE MAJORITY VOTE OF THE MEMBERS OF THE CITY COUNCIL AND COUNTY COMMISSIONERS' COURTI AT SUCH JOIN -K MEETING) SHALL BE NECESSARY TO OVERRIDE THE DECISION OF THE CITY MANAGER AND COUNTY JUDGE. SECTION VII. THE CITY - COUNTY WELFARE BOARDS UPON APPOINTMENT AND QUALIFICATIONS ^VALL SELECT FROM THEIR OWN MEMBERS A CHAIRMAN, VICE- CHAIRMAN AND SECRETARY.` THE BOARD SHALL HAVE COMPLETE GENERAL SUPERVISIONS MANAGEMENT AND CONTROL OVER THE ADMINISTRATION OF RELIEF TO THE INDIGENT AND POOR WHO ARE RESIDENTS OF NUECES COUNTY, TEXAS, AND OVER ALL MATTERS OF PUBLIC WELFARE INSOFAR IAS IT RELATES TO SOCIAL WELFARE OR SOCIAL WELFARE AGENCIES. THE BOARD SHALL HAVE POWER TO MAKE SUCH RULES AND REGULAZIONS AS MAY BE NECESSARY OR PROPER TO I, i I CARRY OUT THE DUTIES WITH REFERENCE TO HANDLING OF PUBLIC RELIEF AND ADMINIS- TRATION OF PUBLIC WELFARE IN THE CITY OF CORPUS CHRISTI AND COUNTY OF NUEC E� -2- THE SAID BOARD SHALL HAVE THE POWER AND AUTHORITY TO EMPLOY AN EXECUTIVE SECRETARY, AND TO FIX HIS SALARY, AND SUCH SALARY SHALL BE COMPENSATION IN FULL FOR ALL SERVICES RENDERED. THE BOARD SHALL DETERMINE THE AMOUNT OF TIME REQUIRED TO BE SPENT IN HIS WORK BY THE EXECUTIVE SECRETARY IN DIS- CHARGE OF HIS DUTIES. THE BOARD SHALL LIKEWISE HAVE THE POWER AND AUTHORITY TO FIX THE SALARIES OF ALL OTHER OFFICERS AND EMPLOYEES WITHIN THE LIMITS OF THEIR BUDGET APPROPRIATION. THE EXECUTIVE SECRETARY SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE CITY- COUNTY BOARD OF PUBLIC WELFARE. HE SHALL, WITH THE CONSENT OF THE BOARD, APPOINT SUCH EMPLOYEES AS HE MAY THINK PROPER AND NECESSARY FOR THE EFFICIENT PERFORMANCE OF THE PUBLIC WELFARE WORK, AND PRESCRIBE THEIR DUTIES, AND MAY DISCHARGE ANY SUCH EMPLOYEE AT HIS DIS- CRETION, AFTER GIVING SUCH OFFICER OR EMPLOYEE AN OPPORTUNITY TO BE HEARD. THE EXECUTIVE SECRETARY IS RESPONSIBLE ONLY TO THE BOARD, AND SUBJECT TO THE RULES AND REGULATIONS THEREOF. w la S SECTION V.III. THE CITY COUNTY WELFARE BOARD SHALL RECOMMEND TO THE ,,.a ayGOVERNING BODY OF THE CITY OF CORPUS CHRISTI AND THE COMMISSIONERS' COURT 0 r OF NUECES COUNTY THE PROBABLE AMOUNT OF MONEY NECESSARY TO ADMINISTER PUBLIC WELFARE IN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY. SUCH RECOMMENDATIONS SHALL BE MADE ON OR BEFORE THE 15TH DAY OF MAY OF EACH YEAR, OR AT SUCH TIME AS MAY BE REQUIRED BY THE BUDGETARY OFFICERS OF THE CITY AND COUNTY. THE RECOMMENDATIONS SO MADE SHALL BE IN SUCH FORM AND IN SUFFICIENT DETAIL AS TO BE COMPLETELY EXPLANATORY AND SO AS TO PROVIDE A BASIS FOR JUSTIFICATION OF THE REQUESTED BUDGETARY APPROPRIATION. SECTION IX. THE BOARD SHALL MAINTAIN COMPLETE AND ADEQUATE RECORDS OF ALL MONIES AND OTHER ASSETS RECEIVED, AND ALL FUNDS OISBURSED IN CONNEC- TION WITH ITS ACTIVITIES. ALL DISBURSEMENTS SHALL BE AUTHORIZED BY BOARD ACTION, AS HEREINAFTER PROVIDED, AND SUPPORTED BY INVOICES, PURCHASE ORDERS AND OTHER NECESSARY DATA. THE BOARD WILL FURNISH MONTHLY FINANCIAL STATE- MENTS TO THE CITY AND TO NUECES COUNTY, SETTING FORTH THE STATUS OF ASSETS, LIABILITIES AND RELATED FUND ACCOUNTS, TOGETHER WITH DETAILS OF RECEIPTS AND EXPENDITURES MADE FOR THAT PERIOD AND FOR THE FISCAL YEAR TO DATE. THE BOARD WILL ALSO REQUIRE AN ANNUAL AUDIT TO BE MADE OF ITS RECORDS BY A FIRM OF LICENSED OR CERTIFIED PUBLIC ACCOUNTANTS AND WILL FURNISH TO -3- THE CITY AND THE COUNTY, AS SOON A$ PRACTICABLE, A COMPLETE REPORT OF SUCH AUDIT. SECTION X. THE BOARD SHALL PREPARE ANNUALLY AN OPERATING BUDGET, WHICH SHALL CONTAIN ESTIMATES OF THE AMOUNTS TO BE RECEIVED FROM THE CITY AND FROM NUECES COUNTY AND OTHER SOURCES; AND DETAILS OF ESTIMATED EX- PENDITURES TO BE MADE BY THE BOARD IN CONNECTION WITH ITS OPERATION THROUGH- OUT THE BUDGET lEAR• DISBURSEMENTS WILL BE MADE THROUGHOUT THE YEAR ONLY WITHIN THE AMOUNTS ESTABLISHED WITHIN THE BUDGET, AND EXPENDITUR45 BEYOND THE TOTAL AMOUNT SO APPROPRIATED ARE HEREBY EXPRESSLY PROHIBITED, UNLESS WITHIN REVENUES OR OTHER INCOMES BEYOND THE ESTIMATED AMOUNTS. SECTION XI. THE BOARD SHALL REQUIRE THAT MEMBERS OF ITS ADMINISTRATIVE STAFF RESPONSIBLE FOR THE RECEIPTS AND DISBURSEMENTS OF CASH AND OTHER ASSETS TO FURNISH BOND IN SUCH AMOUNT AS IS COMMENSURATE WITH THE AMOUNT OF SUCH ASSETS. PREMIUMS FOR SUCH BONDS SHALL BE PAID BY THE BOARD AS A PART OF ITS OPERATING COSTS. SECTION XI °I. THE SAID CITY- COUNTY WELFARE BOARD SHALL KEEP A RECORD OF ITS OFFICIAL PROCEEDINGS A COPY OF WHICH SHALL BE FURNISHED TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI AND ANOTHER COPY TO THE COUNTY JUDGE OF THE COUNTY OF NUECES. THE CHAIRMAN OF THE BOARD SHALL BE RESPONSIBLE FOR THE KEEPING OF THESE MINUTES AND THE DISTRIBUTION THEREOF AS HEREINABOVE SET FORTH. SECTION X(II. THIS ORDINANCE SHALL BECOME EFFECTIVE UPON PASSAGE THEREOF BY THE CITY COUNCIL AS PROVIDED FOR BY THE CITY CHARTER AND UPON THE APPROVAL THEREOF BY THE COMMISSIONERS' COURT OF NUECES COUNTY BY PASSING BY SUCH COUNTY COMMISSIONERS' COURT A RESOLUTION APPROVING THE TERMS AND PROVISIONS OF THIS ORDINANCE BY CAUSING SAID RESOLUTIONS TOGETHER WITH A COPY OF THIS ORDINANCE TO BE SPREAD UPON THE MINUTES OF THE COMMISSIONERS' COURT. SECTION XIV. ALL ORDINANCES AND RESOLUTIONS AND PARTS THEREOF, IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED INSOFAR AS THEY CONFLICT HERE- WITH; AND EXPRESSLY REPEALING, IN ITS ENTIRETY, ORDINANCE N0. 3190 DATED JANUARY 8, 1952. -4- SECTION XV. THE FACT THAT CLOSER COOPERATION BETWEEN CITY - COUNTY PUBLIC WELFARE AGENCIES IS NEEDED AND THAT SUCH COOPERATION CAN BE ACCOMPLISHED BY CITY - COUNTY WELFARE BOARD CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CITY CHARTER RULE OR RE- QUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE oar orb 1953• MAYOR E CITY OF CORPUS CHRISTI, TEXAS ATTEST: r CITY SECRETARY - APPROVED AS 70 LEGAL FORM: t CITY ATTO ENE " _ (6 � -5- CORPUS CHRISTI, TEXAS 4 J- 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.- RESPECTFULLY, MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELI-Roy KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3"iqs