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ORD 2010-07TOWN OF TROPHY CLUB ORDINANCE NO. 2009-07 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. 2 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, On November 3, 2008 the Town Council authorized the purchase of 1.723 acres from Northwest ISD for the purpose of constructing a 500,000 gallon elevated water storage facility (hereinafter "Property"), on June 8, 2009 the Town of Trophy Club and NISD entered into a real estate contract for the purchase of the water tower site; and on February 26, 2010, the sale of the property was finalized and funds in the amount of $110,626.00 were paid for the land and associated closing costs for the sale; and WHEREAS, the funds to complete the purchase of the Property will be paid from the PID Restricted Reserve Fund; and WHEREAS, the repair and resurfacing of the small Trophy Club community pool is an infrastructure repair for which funds are held as GASB Reserves; and WHEREAS, the repair and resurfacing of the small pool qualifies for the expenditure of GASB funds, and GASB contains sufficient funds to cover the needed repairs; and ORDINANCE NO. 2010-07 1 File ID 129 WHEREAS, the Town has maintained a beautification fund for several years; and WHEREAS, the Town has previously used beautification funds for the purchase of patriotic signage and pole brackets; and WHEREAS, $7,852 is needed to purchase additional banners that will allow the brackets to stay in place year around; 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 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, the Town Manager has certified that there are available for appropriations $134.252.00 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 in each of the foregoing circumstances, appropriations are necessary and therefore determines it appropriate to approve this Ordinance making a supplemental appropriation of $135.878.00 as Amendment No. 2 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; ORDINANCE NO. 2010-07 2 File ID 129 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 $135.878.00 as set forth in Exhibit "B", a copy of which is attached hereto and incorporated herein. This Amendment No. 2 (Exhibit "B") to the Original FY 2009-2010 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 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. ORDINANCE NO. 2010-07 3 File ID 129 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 8th day of March, 2010. X" �- ._ /��' u 4- Mayor, Connie White Town of Trophy Club, Texas ATTEST: X u- -) (-) / 4 /7 1? '�A Lisa Hennek, own Secretary Town of Trophy Club, Texas [SEAL] Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2010-07 4 File ID 129 Mbit "A" Town Manager Certification of Revenue Excess The Town has Reserve Funds which are not funds appropriated as revenue available for use in the Town's FY 2009-2010 Budget. Staff and Council have previously discussed the appropriation of portions of the Reserve Funds as needed for approved expenses. Reserve funds needed for the payment of approved purchases exceed the amount of those revenues estimated in the FY 2009-2010 Budget. Reserve funds are excess revenue available for appropriation in an amount not to exceed $135,878 in the current FY 2009-2010 Budget. It is my recommendation that the moneys be used for the purposes specified in Budget Amendment No. 2 to the FY 2009-2010 Budget. Brandon Emmons, Town Manager Date:�rtL�UIy .T 5 Exhibit "B" Town of Tropes Club Budget Amendment No. z The Fiscal Year 2009-2010 General Fund Revenue and Expenditure Budget Increases of $11o,626 is for the purchase of property to locate a water tower and the $7,852 is for median banners. Original Budget Amendment Amended Budget Revenue: Allocation of PID Developers Contribution Reserve $ -0- $ 110,626 $ 110,626 Allocation of Beautification Reserve $ -0- $ 7,552 $ 7,852 Expenditure: Land Acquisition $ -0- $ 110,626 $ 11o,626 Median Banners $ -o- $ 7,852 $ 7,852 The Fiscal Year 2009-2010 Capital Projects Fund Revenue and Expenditure Budget Increase of $17,400 is for the repair and resurfacing of the small Trophy Club community pool. Original Budget Amendment Amended Budget Revenue: Allocation of GASB Reserve $ -0- $ 17,400 $ 17,400 Expenditure: Resurfacing of Pool $ -0- $ 17,400 $ 17,400 ORDINANCE NO. 2010-07 6 File ID 129