HomeMy WebLinkAboutORD 1316 - ORD Establishing Parks Fund Amending Code of ORD
n
LJ
D
i('
u
83
ORDINANCE NUMBER 1316
AN ORDINANCE ESTABLISHING A PARKS FUND; AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the Code of Ordinances, City of West University
Place, Texas, is hereby amended by adding an article, to be numbered
Article IV, which said article reads as follows:
ARTICLE IV.
Sec. 16-46. Parks Fund Established.
(a) The Parks Fund of the City of West University Place, Texas,
is hereby established. The Parks Fund is subject to all restrictions
on public funds and other funds of the City, including the requirement
for annual budgeting. However, money in the Parks Fund may only be
budgeted and spent for one or more of the following purposes:
(1) Purchasing, leasing or other acquisition of parks;
(2) Equipping, reconstructing, repairing, maintaining and
operating parks;
i
(3) Matters necessary or incidental to the above.
(b) Deposits may be made into the Parks Fund by gift or other
transfer. The Director of Administration is authorized to accept such
deposits on behalf of the City and to issue acknowledgments in the name
of the City.
(c) The Director of Administration shall establish a "check off"
program for City utility bills whereby ratepayers may make gifts to
the Parks Fund at the, same time that they pay their utility bills.
(1) Each utility bill shall show the total amount due for other
fees and charges. Beneath this total amount there shall be
printed "Gift to Parks Fund of the City under Chapter 16,
Article IV of the Code of Ordinances ($1.00 or more)"
followed by a blank where the amount of the gift can be
~ inserted. Beneath this blank there may be a blank for the
total amount paid, including the gift.
"
11-:'7'1
. IIl!i:!' lillmll:ILlimlilll.iIi~
, _, _ lr.mii'll
. -.~,........, -, .
84
Ordinance Number 1316
(2) Partial payments and overpayments of utility bills shall be
credited as indicated by the customer. If there is no
indication, partial payments and over-payments shall be
credited to other fees and charges, not to the the Parks Fund.
Section 16-47. Investment and Accounting.
(a) The Parks Fund shall be invested and reinvested, and the
interest earnings on the Parks Fund shall remain on deposit in the
Parks Fund. The Parks Fund may be commingled with other funds,
provided that records are maintained to establish the amounts belonging
to the Parks Fund.
(b) All expenditures from the Parks Fund shall be charged to the
oldest deposits then on hand under the "first in first out" principle
of accounting.
Section 16.48. Enforcement.
Any person who, makes a gift to the Parks Fund which has been
accepted on behalf of the City but not yet been expended shall have
standing to enforce the provisions of this Article. However, neither
the Parks Fund nor any other funds of the City shall ever be held
liable for payment of money judgments, costs of attorneys fees or other
costs of litigation, and the sole remedy available shall be to enjoin
any proposed expenditure which does not comply with this Article.
Section 2. . All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the confljct only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
-----,
I
LJ
-----.
J
I
I
I
I
~
85'
.-, ..
Ordinance Number 1316'
o
Section 5. This ordinance becomes effective immediately upon
adoption and signature.
PASSED AND APPROVED ON FIRST READING, this
April , 1988.
25th
day of
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan,
Bell, Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
PASSED AND APPROVED ON SECOND READING, this
May , 1988.
Councilmembers Voting Aye: Mayor Parks, Counci-lmembers Bryan,
Bell, Britton, Schwartzel
9th
day of
Councilmembers Voting No: None
Councilmembers Absent: None
Signed:
o
Michael L. Parks, Mayor
ATTEST:
AUdrey Nichols
City Secretary
Approved as ,to Form:
(SEAL)
James L. Dougherty, Jr.
City Attorney
D
11 ,
rr---. J , ,I, ~nrr1i
,'I,;" ,ll,1dII':t'"lIHIII1I1Ir:-