This is a continuation of the third proposition from the charter committee. The first part of it is in last week’s paper. The proposition is too long to fit into one story so it’s been divided up.

Here is the proposition:

Proposition No. 3:

Shall the City of Ballinger amend and/or add to the following sections of the City Charter of the City of Ballinger to provide for a “Council-Manager” form of government and to clarify the powers and duties of the City Council and City Manager in furtherance of that form of government? Article 1, Section 1.02; Article 3, Section 3.11; Article 7, Sections 7.01(c)(1), 7.02(a), 7.02(b); Article 8, Sections 8.01 and 8.02; Article 9, Sections 9.01, 9.02; Article 12, Section 12.01; Article 14, Sections 14.01 and 14.02; and Article 15, Section 15.01(e)

 The proposed revisions to the Charter are as follows:

 To sum it up from last week, it makes the city manager/administrator the chief executive officer and head of the administrative branch of the city government and increases his reach and powers a great deal. He will, “appoint, suspend, discipline and remove all City employees and appointive administration officers except as provided in this chapter, personnel rules adopted by the council or otherwise provided by law. He will nominate all officers, department heads, clerks and any and all other employees to the city council for appointment, limited by the provisions of Article 9, and except the department head and employees of the law and police departments, but the council shall have the right and power to reject any nomination and require another nomination to be made by the city administrator, continues this procedure until a person is found who is acceptable to the city administrator and city council; however, the city administrator shall have the right to remove any suck officer, department head, clerk and any and all other employees with or without the consent of the city council, limited however by the provision[s] of Article 9 and except department heads and employees of the law and police departments.”

 This is the continuation of that proposition. Last week we stopped after the city managers duties were laid out. The “Administrative Departments are the next section. This is the final part of Proposition 3. Next week will be Propositions No.4, No.5 

Section 7.02.       Administrative departments.

(a)     The city council may, after hearing recommendations of the city administrator, establish, abolish, re-designate and/or combine departments, offices or agencies in addition to those provided for by this charter, and may prescribe the functions and duties of such departments, offices and agencies.

(b)    Except as otherwise provided elsewhere in this charter, all departments, offices and agencies of the city shall be under the direction and supervision of the city administrator, and shall be administered by city employees appointed by and subject to direction and supervision of the city administrator.  The city administrator may, with the consent of the city council, serve as the head of one (1) or more city departments, offices or agencies or appoint one (1) person as head of two (2) or more of them. 

(c)     There are hereby created the following administrative departments: Finance, fire, health, law, parks and recreation, planning and zoning, police and public utilities. Other departments may be established by ordinance.

Section 8.01.       City treasurer.

The city administrator Upon the nomination of the city administrator, the city council shall appoint a city treasurer;, according to the procedure provided in subsection (1) of subdivision (c) of section 7.01 of article 7 hereof; however, if the city administrator and the city council deem it advisable the office of city treasurer may be held by the city administrator.

Section 8.04.       City tax assessor and collector.

Upon the nomination of the city , and council may shall appoint a city tax assessor and collector or the city council may contract for such services according to the procedure provided in subsection (1) of subdivision (c) of section of article 7 hereof; however, if the city administrator and the city council deem it advisable the office of city tax assessor and collector may be held by the city administrator. There may be appointed one or more deputies as deputy city tax assessor and collector in the same manner as the naming of the city tax assessor and collector.

ARTICLE9. FIRE DEPARTMENT*

Section 9.01.       Firemen.

Upon the nomination of the city administrator, the city council shall appoint a paid fire marshal and/or chief and such other paid firemen and employees, according to the procedure provided in subsection (1) of subdivision (c) of section 7.01 of article 7 hereof; however, if the city administrator and city council deem it advisable the office of fire marshal and/or chief may be held by any other person employed by the city in any capacity. The appointment and/or removal of the paid fire marshal and/or chief shall be subject to the confirmation and approval of the city council.  If the city administrator and council should consider it advisable and necessary to appoint a fire marshal and/or chief to serve exclusively in such position, then the city administrator shall appoint such officer, subject to confirmation and approval by the city council in the same manner as is herein provided for the appointment of a city administrator and chief of police; whereupon said fire marshal and/or chief, whichever may be designated by the city council, shall make the nominations, rather than the city administrator, for the appointment of firemen and other employees in the same manner as is provided for the city administrator and chief of police to make nominations in their respective departments or department, in which event the city administrator would thereafter have no power of nomination of firemen and other employees of the fire department. 

Section 9.02.       Control.

(a)       All matters pertaining to the operation of the paid fire department shall be under the control of the city administrator, and such matters may be controlled by ordinance, resolution or any other action deemed advisable by the city council.

(b)   The city administrator will consider recommendations and advice given by the elected president and/or elected chief of the Ballinger Volunteer Fire Department.

(c)    Whenever it is called to the city administrator anyone whomsoever that there is situated within the fire limits as same is defined by ordinance passed in accordance with the provisions of section 3.11, subdivision (mk) hereof, a building, structure or improvement violating such fire limits ordinance which violation occurred after such ordinance was made effective, then it shall be mandatory upon the city administrator if such violation exists to immediately order the owner or agent of the same or occupant of the premises, to take such corrective measures as may be necessary to eliminate the violation within thirty days after such order is delivered to such owner or agent or occupant, and the city council shall punish by fine all persons failing to comply with such order. In the event of the failure of such persons to comply with such order, the city administrator, acting through the city council, shall have the additional power to remove such building, structure or improvement violating such ordinance at the expense of the City of Ballinger for the account of the owner of such property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land on which the same is situated as well as on the building, structure or improvement, and the same may be collected as other special taxes provided by statute or by this charter, or by suit in any court of competent jurisdiction. In the event of the failure of the city council to issue such order, or failure to enforce the provisions herein provided for correcting or removing  said property, then the members of the city council shall forfeit their respective offices, or may be removed by the provisions of article 5 hereof, or may be required to perform their duties by an injunction of a court of competent jurisdiction.

 Section 12.01.     Parks and recreation superintendent and employees.

 Upon the nomination of the city administrator, the city administrator may appoint a superintendent and any other necessary employees required for the administration of the department of parks and recreation, according to the procedure provided in subsection (1) of subdivision (c) of section 7.01 of article 7 hereof. The city council shall provide for such superintendent and employees by any appropriate order, resolution or ordinance, as it may deem advisable and necessary in the premises. The superintendent may hold any other office in any other department of the city as the city manager administrator and the city council may consider appropriate. 

ARTICLE14. DEPARTMENT OF POLICE*

 There shall be established and maintained a department of police to preserve order within the City of Ballinger and to secure the residents of said city from violence and the property therein from injury or loss, and who shall serve as officers of the corporation court under the direction of the city judge while serving in such court.

 Section 14.01.     Chief of police.

 The chief of police shall be the chief administrative officer in this department. He shall be appointed by the city administrator for an indefinite term.  The appointment and/or removal of the police chief shall be subject to confirmation and approval of the city council, as provided in Article 998, Chapter 3, Title 28, of the Revised Civil Statutes of the State of Texas, as now or hereafter amended, or removed by the city council. The chief of police He shall be responsible to the city council for the administration of the policeis department and for such other matters as may be placed under his control by ordinance or resolution by the city council.

Section 14.02.  Other policemen, clerks and employees.

 Upon nomination by the chief of police, the city administrator council shall appoint such other additional policemen, clerks and employees in the department of police as may be considered necessary; and the chief of police shall nominate to the city administrator council such persons as he may consider suitable for policemen, clerks and employees, but the city administrator council shall have the right and power to reject any nomination and require another nomination to be made by the chief of police, continuing this procedure until a person is found who is acceptable to the chief of police and city administrator council; however, the chief of police shall have the right to remove any such policemen, clerks and employees in the department of police with or without the consent of the city administrator council; and the chief of police may make temporary appointments until the next meeting of the city council, at which meeting of the city council the same procedure shall be followed as in the first instance of original appointment.

 Section 15.01.        General Powers 

 15.01(e) Superintendents,managersand employees: Upon nomination of the city administrator, the city administrator council shall appoint such superintendents, managers and employees of each utility service owned and operated by the city, according to the procedure provided in subsection (1) of subdivision (c) of section 7.01 of article 7 hereof; however, if the city administrator and city council deem it advisable any of such positions and offices may be held by the city administrator, or any other departmental position.