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ORD 2010-17TOWN OF TROPHY CLUB ORDINANCE NO. 2010-17 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 ANAMENDMENT (BUDGET AMENDMENT NO. 5 MAKING A TRANSFER 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, on February 1, 2010 Town Council approved the purchase of a dump truck for $58,003.26 for use by the Street Department; and WHEREAS, at the February 1, 2010 Town Council meeting, the Council approved an ordinance authorizing the issuance and sale of Tax Notes, Series 2010, of which $48,000 was earmarked for the purchase of the dump truck; and WHEREAS, the Town applied for a grant for an additional $10,000 to supplement the funds from the Tax Notes, but the Town was not awarded the grant; and WHEREAS, the attached budget amendment appropriates $10,000 from fund balance for the costs over and above the amount included in the 2010 Tax Note issuance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the Budget; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve 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; ORDINANCE NO. 2010-17 (File 10 2010-386) 1 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 fund the line item as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No.5 (Exhibit "An) to the Original Budget 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 fifth 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 ORDINANCE NO. 2010-17 (File 10 2010-386) 2 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 Tow Club, Texas, this the 19 th day of July, 2010. ATIEST: J (i ~ / /) KC20 c:t----J: /J /} I V Yown Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: ~tll~ Town Attorney, Patricia Adams Town of Trophy Club, Texas ORDINANCE NO. 2010-17 (File 10 2010-386) Mayor Pro Tem, G'le-nn Strother Town of Trophy Club [SEAL] v 3 Exhibit "An Town of Trophy Club Budget Amendment No.5 The Fiscal Year 2009-2010 General Fund Expenditure Budget Increase specified below is the result of additional costs associated with new model year and emission control requirements for a dump truck for the Streets Departments. The Town's application for a $10,000 grant to supplement the funds from the Tax Notes was not approved. The original estimated cost of $48,000 for the dump truck is included in the 2010 Tax Note issued in March 2010. Original Budget Amendment Amended Budget Revenue: General Fund Reserve Expenditure: Capital Expense -Vehicle ORDINANCE NO. 2010-17 (File 10 2010-386) $ -0- $ -0- $10,000 $10,000 $ 10,000 $ 10,000 4