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HomeMy WebLinkAboutOrdinance No. 08-1748 CITY OF THE COLONY, TEXAS ORDINANCE NO. 08- 1'"/ ff6 AMENDING THE FISCAL YEAR 2007-2008 BUDGET AN ORDINANCE AMENDING ORDINANCE 07-1736, ADOPTING THE FISCAL 2007-2008 BUDGET FOR CITY OF THE COLONY, TEXAS BY REALLOCATING FUNDS BETWEEN ACCOUNTS AS SET FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING THE FISCAL YEAR 2007-2008 BUDGET FOR THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of The Colony is conducting business pursuant to a budget for fiscal year 2007-2008, heretofore previously adopted by Ordinance No. 07-1736 on the 30th day of September, 2007; 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 reallocate $90,000 from the Utility Fund fund balance for engineering services contract with Freese & Nichols for the northwest trunk sewer line replacement; and WHEREAS, the City Council has reviewed the budget and has determined that a valid municipal purpose is served by such reallocation of funds. 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. SECTION 2. AMENDMENT AND ADOPTION That the City's budget for the fiscal year ending September 30, 2008 heretofore previously adopted by Ordinance 07-1736 duly enacted by the City Council of the City of The Colony on the 30th day of September, 2007, 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 Ninety Thousand and No/lOO Dollars ($90,000.00) is hereby appropriated from the Utility Fund fund balance to create a water distribution account for engineering services for the northwest trunk sewer line replacement; 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. 2 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. 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 7th day of Januarv. 2008. Dillard, Mayor of The Colony, Texas ATTEST: ,& . .... ..,. ;' /jl~/Ai Iv ~ 'stfe Wilson, TRMC, City Secretary City Attorney City of The Colo 3