ORD 2009-14TOWN OF TROPHY CLUB
ORDINANCE NO. 2009-14
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING THE BUDGET OF THE
TOWN OF TROPHY CLUB, TEXAS; PROVIDING
FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; 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 2008-2009
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
outside professional services based upon prior year experience; and
WHEREAS, in January, 2009, a lawsuit was filed against the Town by
Trophy Club Municipal Utility District No.2 and later Trophy Club Municipal Utility
District No.1 joined that lawsuit against the Town; and
WHEREAS, the Town Council determined it appropriate to retain
specialized outside legal services to provide a defense to the causes of action
filed by the MUDs; and
WHEREAS, the cost of providing the defense for the Town exceeded the
amount available in the Legal Department Budget for Outside Professional
Services and no funds had been budgeted specifically for outside legal services;
and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby
finds and determines that it is prudent to amend one specific line item due to the
unforeseen situation that occurred with the legal defense of the Town and which
impacted the line item specified below; 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 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
ORDINANCE NO. 2009·14 1
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 2008-2009 Budget is hereby
amended to fund the line items as stated in Exhibit "A." This Amendment No. 1
(Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the
Fiscal Year 2008-2009 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, 2008 effective date of the Town's Fiscal
Year 2008-2009 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the Fiscal Year 2008-2009 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. 2009-14 2
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 22 nd day of June, 2009.
ATTEST:
~o~ dJell//J i (
own Secretary
Town of Trophy Club, Texas
[SEAL]
~tjJC~ ;= own Attorney
Town of Trophy Club, Texas
ORDINANCE NO. 2009·14
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Town of Trophy Club, Texas
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Exhibit" A"
Town of Trophy Club
Budget Amendment No.1
Fiscal Year 2008-2009 General Fund Expenditure Budget Increase of $107,500
for outside legal services associated with a lawsuit.
Original Budget Amendment Amended Budget
Legal Services $ -0-$ 107,500 $ 107,500
ORDINANCE NO. 2009-14 4
September 16,2009
The Honorable Cynthia Mitchell
Denton County Clerk
1450 E. McKinney
Denton, TX 762094524
The Town of Trophy Club
100 Municipal Dr.
Trophy Club, TX 76262
(682) 831-4600
RE: Fiscal Year 2008-2009 Budget Amendment
Honorable Cynthia Mitchell:
Enclosed please find certified copies of Town Ordinance Numb~~~g,~~;s51~passed and
approved on June 22, 2009 and Ordinance 2009-23 passeif and approved on
September 14, 2009 amending the Fiscal Year 2008-09 Budget.
Please file in accordance with Local Government Code §102.009(d). If you have any
questions, contact me at 682-8314601.
Sincerely,
>/£:0 4~/)fi~
Lisa Hennek
Town Secretary
cc: Kathy DuBose, Finance Director
Enclosures
September 16, 2009
The Town of Trophy Club
100 Municipal Dr.
Trophy Club, TX 76262
(682) 831-4600
Tarrant County Clerk Suzanne Henderson
100 East Weatherford Street
Fort Worth, TX 76196
RE: Fiscal Year 2008-2009 Budget Amendment
Honorable Suzanne Henderson
.~,,~/t+:Yr;:/ii\
Enclosed please find certified copies of Town Ordinance Number'2Qli}9~1"1f passed and
approved on June 22, 2009 and Ordinance 2009-23 passed and approved on
September 14,2009 amending the Fiscal Year 2008-09 Budget.
Please file in accordance with Local Govemment Code §102.009(d). If you have any
questions, contact me at 682-831-4601.
Sincerely,
,>Vo {} rjJ/}r,;d,
Lisa Hennek
Town Secretary
cc: Kathy DuBose, Finance Director
Enclosures