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ORD 2010-08TOWN OF TROPHY CLUB ORDINANCE NO. 2010-08 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. 3); 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 parks and election expenses based upon prior year experience and estimated costs of projects; and WHEREAS, on August 17, 2009 Town Council approved Ordinance 2009- 19 calling for a special election for the purpose of determining whether the residents of the Town would approve the issuance of bonds to fund various new amenities and improvements to the Town's parks; and WHEREAS, at the time of adoption of the FY 2009-2010 budget, the Town did not anticipate the holding of a special November Election and thus did not appropriate funds for the costs of that election; and WHEREAS, the cost of providing the Town election exceeded the amount available in the Town Manager's Office budget for Election expenses; and WHEREAS, the Town Council previously approved an EDC4A project for various capital improvements within Harmony Park; and WHEREAS, the original scope of the project included a forty space parking lot, however, it was deemed prudent to expand the size of the parking lot to eighty spaces; and WHEREAS, the expansion caused an overage in the original cost estimate; and ORDINANCE NO. 2010-08 1 File 140 WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend specific line items due to the unforeseen costs described herein that occurred with the Town election expenses and park improvements and which impacted the line items 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 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 fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 3 (Exhibit "A") 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 third 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, ORDINANCE NO. 2010-08 2 File 140 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 S. 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. Z Lz";� Mayor, Connie White Town of Trophy Club, Texas ATTEST: Lisa Hennek, own Secretary Town of Trophy Club, Texas [SEAL] ORDINANCE NO. 2010-08 File 140 3 Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2010-08 He 140 Exhibit "A" Town of Trophy Club Budoet Amendment No. 3 The Fiscal Year 2009-2010 General Fund Expenditure Budget Increase specified below is a result of costs associated with the November, 2009 Park Bond Election and the completion of the expansion of the Harmony Park parking lot. Election Harmony Park Capital Expense ORDINANCE NO. 2010-08 File 140 Original Budget Amendment Amended Budget $ 10,660 $ -0- $ 13,300 $ 13,800 $ 23,960 $ 13,800