HomeMy WebLinkAboutOrdinance No. 08-1781
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1781
AMENDING THE FISCAL YEAR 2008-2009 BUDGET
AN ORDINANCE AMENDING ORDINANCE 08-1779, ADOPTING THE
FISCAL YEAR 2008-2009 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 2008-2009 BUDGET FOR THE CITY OF THE
COLONY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULA TIVE 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
2008-2009, heretofore previously adopted by Ordinance No. 08-1779 on the 15th day of
September, 2008; 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 transfer from the
Hotel/Motel Tax Fund balance in the amount of 20, 163 to the Special Events Fund for expanding
the Christmas Spectacular Light Show at Perryman Park during the Christmas season of 2008, and
WHEREAS, the City Council has determined that the Christmas Spectacular Light Show is a
regional event that will attract visitors from out of town and therefore is a justifiable use of the
hotel/motel taxes and that the City Council has reviewed the revised budget and has determined
that a valid municipal purpose is served by reallocating funds from the Hotel/Motel Tax Fund to
the Special Events Fund.
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, 2009 heretofore previously
adopted by Ordinance 08-1779 duly enacted by the City Council of the City of The Colony on the
15th day of September, 2008, 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.
REALLOCA TION
That the amount of Twenty Thousand One Hundred Sixty Three and Noll 00 Dollars ($20,163.00)
is hereby appropriated as transfers out from the Hotel/Motel Tax Fund balance to the Special
Events Fund for additional funding for the 2008 Christmas Spectacular Light Show. It is deemed
to be appropriate to use the hotel/motel taxes collected by The Colony for such purpose since this
is a regional event that will attract out of town visitors, 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.
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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 20th day of October. 2008.
ATTEST:
City Attorney
City of The Colony,
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