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ORD 2011-04TOWN OF TROPHY CLUB ORDINANCE NO. 2011-04 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2010-2011 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS NEEDED TO PAY ENGINEERING COSTS RELATED TO CAPITAL IMPROVEMENTS AT HARMONY PARK (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 2010-2011 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 expenses based upon prior year experience and estimated costs of projects; 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 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 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: ORO No 2011-04 Page 1 of 4 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 2010-2011 Budget is hereby amended to fund the line items as stated in Exhibit "An, a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit "AU) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2010-2011 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, 2010 effective date of the Town's Fiscal Year 2010-2011 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2010-2011 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. ORO No 2011-04 Page 2 of 4 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 ih day of February, 2011. M8.yor, Connie White Town of Trophy Club, Texas ATTEST: [SEAL] Chit'l ~ ~ V\\ ~ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD No 2011-04 Page 3 of 4 Exhibit" A" Town of Trophy Club Budget Amendment No.1 The Fiscal Year 2010-2011 General Fund Expenditure Budget Increase specified below is a result of costs associated with the completion of the expansion of the Harmony Park parking lot and will be funded from an appropriation from the Town's General Fund fund balance. Harmony Park Capital Expense- Engineering ORD No 2011-04 Original Budget Amendment Amended Budget $ -0-$ 35,800.00 $ 35,800.00 Page 4 of 4