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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