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ORD 2012-39TOWN OF TROPHY CLUB ORDINANCE NO. 2012-39 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FISCAL YEAR 2013 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO.1 MAKING A TRANSFER OF APPROPRIATIONS 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 2013 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 expenses related to the costs of street median property maintenance; and WHEREAS, funds for the purchase of holiday decorations for the newly constructed roundabout were not appropriated in the Fiscal Year 2013 Budget; and WHEREAS, due to the completion of the roundabout and collaboration with a local citizen's organization it is advantageous to pursue the purchase of these decorations at this time; and WHEREAS, the Town Council appropriated funds for the purchase of Police equipment in the Fiscal Year 2013 Budget as a capital replacement contribution; and WHEREAS, the Town will receive unanticipated funding for Police equipment in the amount of $21 ,000 from the Denton County Sheriff's office; and WHEREAS, the use of these funds is restricted to approved purchases; and WHEREAS, the Police Department may now reduce the amount originally budgeted for its capital replacement contribution originally required for the purchase of Police Equipment; and WHEREAS, a portion of these savings may be used to cover the purchase of holiday decorations totaling $20,000; and WHEREAS, this amendment transfers $20,000 of the capital replacement contribution savings appropriated for the Police Department to street median property maintenance appropriation; and WHEREAS, Section 9.06(d) of the Town Charter provides for transfer of appropriations within the General Fund; and WHEREAS, the Town Council finds that in the foregoing circumstances, appropriations are necessary and therefore determines it appropriate to approve this Ordinance making a transfer of appropriation of $20,000 as Amendment No. 1 to the Fiscal Year 2013 Budget as more specifically set forth in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the Fiscal Year 2013 Budget as set forth in Exhibit "A"; 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 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 2013 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No.1 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2013 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 third budget amendment that has occurred since the October 1, 2012 effective date of the Town's Fiscal Year 2013 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2013 Budget of the Town and shall not repeal any of the ORD 2012-39 Page 2 of4 Exhibit "A" Town of Trophy Club BudgetAmendment NQ!J Fiscal Year 2013 General Fund Transfer of Appropriations from Police -Capital Replacement to Street Median Property Maintenance in the amount of $20,000 for Roundabout holiday decorations. Original Budget Amendment Amended Budget Expenditure: Police -Capital Replacement $ 34,006 ($ 20,000) $ 14,006 Expenditure: Street Median Property Maintenance $ 92,950 $ 20,000 $ 112,95 0 ORD 2012-39 Page 4 of4 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 10th day of December, 2012. ~~ (ionnie White, Mayor Town of Trophy Club, Texas ATrEST: [SEAL] ORO 2012-39 Page 3 of 4