HomeMy WebLinkAboutOrdinance No. 04-1550 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 04-
AMENDING THE FISCAL YEAR 2003-2004 BUDGET
AN ORDINANCE AMENDING ORDINANCE 03-1485, ADOPTING THE
FISCAL 2003-2004 BUDGET FOR CITY OF THE COLONY, TEXAS BY
RE-ALLOCATING FUNDS BETWEEN ACCOUNTS AS SET FORTH
HEREIN; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING
THE FISCAL YEAR 2003-2004 BUDGET FOR THE CITY OF THE
COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony is conducting business pursuant to a budget for fiscal year
2003-2004, heretofore previously adopted by Ordinance No. 03-1485 on the th
8 day of September,
2003; and
WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the governing
body of a municipality to make changes in the budget for municipal purposes; and
WHEREAS, the City of The Colony finds it in the best interest of the City to allocate additional
funding to Horizon upon amendment of the Hawaiian Falls Water Park lease contract; and
WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal
purpose is served by reallocating funds from the General Fund fund balance and the General Fund
Reserve Fund fund balance and the State Highway 121 Expansion Project for promoting economic
development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are incorporated into the body of this Ordinance as if
copied herein in their entirety.
K:lDOCIbudget amend ord water park & SH 121 04-05-04. doc
SECTION 2.
AMENDMENT AND ADOPTION
That the City's budget for the fiscal year ending September 30, 2004, heretofore previously
adopted by Ordinance 03-1485 duly enacted by the City Council of the City of The Colony on the
8th day of September, 2003, be and is hereby amended as set forth herein, which amendment is
hereby, in all respects, finally approved and adopted as so changed; and the same shall be hereby
filed with the City Secretary of the City of The Colony.
SECTION 3.
REALLOCATION
That the amount not to exceed Eighty Thousand and No/100 Dollars ($80,000.00) is hereby
appropriated from the General Fund fund balance and transferred to the General Fund Reserve
Fund and reallocating One Hundred Sixty Two Thousand and No/100 Dollars ($162,000.00) from
the State Highway 121 Expansion Project and appropriating Eight Thousand and No/100 Dollars
($8,000.00) from the General Fund Reserve Fund fund balance for a total payment of Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) to Horizon upon approval of an
amendment to the Hawaiian Falls Water Park lease contract, and that the total Two Hundred Sixty
Two Thousand and No/100 Dollars ($262,000.00) of the State Highway 121 Expansion Project
will be funded One Hundred Percent from the proceeds of debt issuance, and such action does not
require any new or increased tax and is funded through a reallocation of funds.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony,
Texas except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the conflicting provisions of such Ordinances are hereby
repealed.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council of The City of The Colony that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph, or section of this Ordinance should be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this Ordinance, since the same would have been enacted by the City Council without
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the City of The Colony are expressly saved as to any and all violations
of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The City Secretary of the City of The Colony is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the City
Council of the City of The Colony and by filing this Ordinance in the Ordinance records of the
City.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED, this the 5th day of April, 2004.
~ty o~i~d~o~oanY~: T ex a~-
ATTEST:
~-istie Wilson, Interim City Secretary
APPROVF~'"AS TO FORM:
Robe~'E.~ ~I~ger,'~Attomey
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