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ORD 2010-31TOWN OF TROPHY CLUB ORDINANCE NO. 2010-31 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.6 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, Section 9.13 of the Town's Home Rule Charter provides that the Council may make changes in the budget for any municipal purpose or as otherwise permitted by law; and WHEREAS, the Town continues to process transactions from the Fiscal Year 2009-2010 as its annual audit is being conducted and as the Town closes out its books for the 2009-2010 budget year; and WHEREAS, the Town has not offiCially closed its books for the Fiscal Year 2009- 2010 Budget; and WHEREAS, in that Budget, the Town Council appropriated funds for engineering services related to development plan review for the Highlands' Neighborhoods 1, 5, and 6; and WHEREAS, In July 2010, the developer also submitted Highlands' Neighborhoods 3 and 4 for plan review requiring additional engineering services; and WHEREAS, A portion of the Highland's developer's fees paid in 2010 associated with Neighborhoods 3 and 4; and WHEREAS. this amendment appropriates $6,000 of the Highlands' developer's fee; 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. 2010-31 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, the Town Manager has certified that there are available for appropriations $6,000 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 the foregoing circumstances, appropriations are necessary and therefore determines it appropriate to approve this Ordin;:lnce making a supplemental appropriation of $6,000 as Amendment No.6 to the FY 2009-2010 Budget as more specifically set forth in Exhibit "B", 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 FY 2009-2010 Budget as set forth in Exhibit "B" due to the availability of excess 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 $6,000 as set forth in Exhibit "B". This Amendment No.6 (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 ORDINANCE NO. 2010-31 2 filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the sixth 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 6th day of December, 2010. ORDINANCE NO. 2010-31 3 ATTEST: Ibcting Town Secretary, Shannon DePrater Town of Trophy Club, Texas APPROVED TO AS FORM: ChlftA t xaldAtttd Town Attorney, Patricia Adams Town of Trophy Club, Texas ORDINANCE NO. 2010-31 Mayor Connie White Town of Trophy Club, Texas [SEAL] 4 Exhibit "Au Town Manager Certification of Revenue Excess The Town has revenues in excess of those estimated in the FY 2009-2010 Budget available for appropriation. The amount of excess revenue available for appropriation is $6,000. It is my recommendation that the moneys be used for the purposes specified in Budget Amendment No.6 to e F 009-2010 Budget. Mike Slye, Town anager Date: /z Iz-/r 0 , ORDINANCE NO. 2010-5 Exhibit "8" Town of Trophy Club Budget Amendment No.6 Fiscal Year 2009-2010 General Fund Revenue and Expenditure Budget Increases of $6,000 for Developer's Fees and Engineering Fees associated with development plan review. Original Budget Amendment Amended Budget Revenue: Developer's Fees $ 56,5 00 $ 6,000 $ 62,500 Expenditure: Engineering Services $ 40,000 $ 6,000 $ 46,000 ORDINANCE NO. 2010-31 6