ORD 2009-33TOWN OF TROPHY CLUB
ORDINANCE NO. 2009-33
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING THE FY 2009-2010
BUDGET OF THE TOWN OF TROPHY CLUB,
TEXAS; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AN AMENDMENT
(BUDGET AMENDMENT NO. 1 MAKING A
SUPPLEMENTAL APPROPRIATION IN
ACCORDANCE WITH THE TOWN CHARTER);
PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2009-2010
Budget was adopted within the time and in the manner required by State Law;
and
WHEREAS, in that Budget, the Town Council appropriated funds for
various expenditures based upon estimated revenues that the Town anticipated
during the current fiscal year; and
WHEREAS, in September, 2009, the Town paid a contractor the sum of
$2,900.00 to perform work for the Parks and Recreation Department with funds
that were appropriated in the Town's FY 2008-2009 Budget; and
WHEREAS, in November, 2009, the contractor notified the Town that it
would be unable to provide the contracted service and refunded the $2,900.00
previously paid to contractor by the Town for the completion of those services;
and
WHEREAS, as a result of the retum of money from the contractor, the
Town received an additional $2,900.00 in revenues in the FY 2009-2010 Budget,
which revenues are in excess of those estimated in the FY 2009-2010 Budget;
and
WHEREAS, Section 9.06 (a) of the Town Charter provides for
supplemental appropriations if during the fiscal year the Town Manager certifies
that revenues in excess of those estimated in the budget are available for
appropriation; and
ORDINANCE NO. 2009-33 1
WHEREAS, upon a certification of excess revenues by the Town
Manager, the Council by ordinance may make supplemental appropriations for
the year up to the amount of the excess revenues; and
WHEREAS, as a result of the refund by contractor, the Town Manager
has certified that there are available for appropriations $2,900.00 in excess
revenues above those estimated in the FY 2009-2010 Budget, a copy of the
Town Manager's Certification is attached hereto and incorporated herein as
Exhibit "A"; and
WHEREAS, the Town Council accepts the Town Manager's certification
and recommendation and finds that the services originally contracted for by the
Parks and Recreation Department are still necessary and therefore determines it
appropriate to approve this Ordinance making a supplemental appropriation of
$2,900.00 as an amendment to the FY 2009-2010 Budget as more specifically
set forth in Exhibit "B", attached hereto; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby
finds and determines that it is prudent to amend the FY 2009-2010 Budget as
set forth in Exhibit "B" due to the receipt of additional revenues; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further
finds that the amendment, as set forth in Exhibit "B", will serve in the public
interest and is necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds
and determines that the change in the Budget for the stated municipal purpose
serves best interests of the taxpayers, is necessary and warrants action at this
time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2009-2010 Budget is hereby
amended to provide for a supplemental appropriation in the amount of $2,900.00
as set forth in Exhibit "B", a copy of which is attached hereto and incorporated
herein. This Amendment No.1 (Exhibit "B") to the Original FY 2009-2010 Budget
ORDINANCE NO. 2009-33 2
of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 shall be
attached to and made part of the Original Budget by the Town Secretary and
shall be filed in accordance with State Law. This Ordinance is hereby adopted
and shall constitute the first budget amendment that has occurred since the
October 1, 2009 effective date of the Town's Fiscal Year 2009-2010 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the Fiscal Year 2009-2010 Budget of the Town and shall not
repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other
provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of the Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in the Ordinance records of the Town and to
properly record this Ordinance in accordance with the Town Charter.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 7th day of December, 2009.
Mayor, Connie White
ORDINANCE NO. 2009-33 3
ATIEST:
L~Q ~ /} /J lL(
lisa Hennek, Town Secretary
Town of Trophy Club, Texas
[SEAL]
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2009-33
Town of Trophy Club, Texas
4
Exhibit "A"
Town Manager Certification of
Revenue Excess
In November, 2009, the Town received a payment of $2,900.00 from Written In
Stone, (hereinafter "Contractor") who had been retained by the Town to perform
improvements in the medians and who had been paid from funds appropriated in
the Town's FY 2008-2009 Budget. The receipt of those funds by Contractor
resulted in an excess revenue of $2,900.00 available for appropriation in the
current FY 2009-2010 Budget. Since the money was originally intended for use
on improvements to medians in the Town and the desired work was not
performed, it is my recommendation that the moneys be used to provide the
same services in the current budget.
Brandon Emmons, Town Manager
ORDINANCE NO. 2009-:33 5
Exhibit "8"
I9JNn_oflr9ph)' Club
Budget Amendm_ent NO.1
Fiscal Year 2009-2010 General Fund Revenue and Expenditure Budget
Increases of $2,900 for median improvements.
OfjgimdJ3J1dget Amelu!m~nt Amended Budget
Revenue:
Refund of Prior Year
Expenditure $ -0-$ 2,900 $ 2,9 0 0
Expenditure:
Medians/Common Areas-
Property Maintenance $ 61,75 0 $ 2,900 $ 64,65 0
ORDINANCE NO. 2009-33 6