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ORD 2013-02• '• • ' • ' ! t 4 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2013 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS REQUIRED FOR PAYMENT OF DEBT RESULTING FROM THE CALLING OF THE SERIES 2002-A GENERAL OBLIGATION BONDS (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 2013 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 debt service required for Series 2002-A General Obligation Bonds (2002-A GO Bonds); and WHEREAS, the Trophy Club Economic Development Corporation 4A (EDC4A) currently contributes 75% and the Trophy Club Economic Development Corporation 4B (EDC4B) currently contributes 25% of the funds required for annual debt service of the 2002-A GO Bonds; and WHEREAS, the Council took action on November 14, 2012 to approve Resolution No. 2012-29 calling the 2002-A GO Bonds, and the completion of that process will provide approximately $225,000 in interest savings; and WHEREAS, the Town is currently pursuing a debt restructuring plan to eliminate debt currently being serviced by EDC4A; and WHEREAS, the amount required to retire the portion of the principal being serviced by EDC4A is $660,000; and WHEREAS, EDC4A does not have sufficient funds to retire this principal amount; W WHEREAS, in order to effect the Town's debt restructuring plan, the Town is required to appropriate $660,000 from unreserved fund balance in order to pay the principal amount due from EDC4A; and WHEREAS, EDC413 has entered into an interlocal agreement to repay the Town the amount of $660,000 over a period of fifteen (15) years including interest considerations; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. MahAl1MR1.,f -T 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 2013 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 2013 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 second budget amendment that has occurred since the October 1, 2012 effective date of the Town's Fiscal Year 2013 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2013 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. ORD 2013-02 Page 2 of 4 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 January, 2013. C nnie White, Mayor Town of Trophy Club, Texas [SE pF T ROph, y ATTEST: ir c row annon DePratel, Town Secretaryn of Trophy Club, Texas APPROVED TO AS FORM: '1A1L9LbdAM,a1 Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2013-02 Page 3 of 4 Exhibit "A" The Fiscal Year 2013 General Fund Expenditure Budget increase specified below is a result of costs associated with the retirement of the 2002-A General Obligation bonds and will be funded from an appropriation from the Town's General Fund Unassigned Fund Balance. Original Bud -get Amendment Amended Budgie Transfer to Debt Service $ 0 $ 660,000 $ 660,000 ORD 2013-02 Page 4 of 4