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ORD 2011-05TOWN OF TROPHY CLUB ORDINANCE NO. 2011-05 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 APPROPRIATING REVENUE AS NEEDED TO PAY INCREASED COSTS OF DENTON COUNTY POLICE DISPATCH SERVICES PROVIDED TO THE TOWN (BUDGET AMENDMENT NO. 2 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 expenses related to the costs of dispatch services provided by Denton County for the Police Department; and WHEREAS, due to an increased service demand there is a need for increased dispatching staff in the Denton County Sheriff's Office, and the fee paid by the Town for dispatch services is increasing; and WHEREAS, the Town's current budget was estimated in anticipation of fewer Highlands Neighborhoods being developed than those which were actually brought forward in November 201 0; and WHEREAS, additional development occurred therefore developer fees exceeding the annual budget estimate were received, and those fees provided $32,833, a portion of which may be used to offset the costs of the interlocal agreement with Denton County; and WHEREAS, additional developer fees exceeding the annual budget estimate were received which provides $32,833, a portion of which may be used to offset a portion of the costs of the interlocal agreement with Denton County; and WHEREAS, this amendment appropriates $31,766 of the additional developer fees; 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 ORO 2011-05 Page 1 of 6 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 $31,766 in excess revenues above those estimated in the FY 2010-2011 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 Ordinance making a supplemental appropriation of $31,766 as Amendment No. 2 to the FY 2010-2011 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 2010-2011 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 public safety; 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 2010-2011 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.2 (Exhibit "A") 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 ORD 2011-05 Page 2 of 6 constitute the second 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. 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. Mayor, Connie White Town of Trophy Club, Texas ATIEST: ORD 2011-05 Page 3 of 6 \Sh'annon DePrafu'r, Town Secretary Town of Trophy Club, Texas [SEAL] (=RutUf~ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2011-05 Page 4 of 6 Exhibit "An Town Manager Certification of Revenue Excess The Town has excess revenues which are not fund appropriated as revenue available for use in the Town's FY 2010-2011 Budget. The excess revenues are available due to additional development and development fees received by the Town. Excess revenues needed for the payment of approved purchases exceed the amount of those revenues estimated in the FY 2010-2011 Budget and are available for appropriation in an amount not to exceed $31,766 in the current FY 2010-2011 Budget. It is my recommendation that the moneys be used for the purposes specified in Budget Amendment No.2 to the FY 2010-2011 Budget. / n /. / / ~ ! ~,/~ ORD 2011-05 ~~r;/ Michael T. ~eYtown Manager Date: 2; g /, f , Page 5 of 6 Exhibit "8" Town of Trophy Club B.!!dget Amendment NO.2 Fiscal Year 2010-2011 General Fund Revenue and Expenditure Budget Increases of $31,766 for an intergovernmental communications and dispatch agreement with Denton County. Original Budget Amendment Amended Budget Revenue: Developer Fees $ 50,000 $ 31,766 $ 81,766 Expenditure: Denton County Dispatch $ -0-$ 31,76 6 $ 31,766 ORO 2011-05 Page 6 of 6