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ORDINANCE NO AV— — 061
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO
REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE
GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE
FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE
COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2000-2001
CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE OPEN
SPACE AND DOWNTOWN MASTER PLANS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political
subdivision of the State of Texas, and
WHEREAS, the issuer expects to pay expenditures for projects in conjunction with
designing the Open Space Master Plan and the Downtown Master Plan which are described in
Attachment "A", and
WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer
for the payment of such expenditures will be appropriate and consistent with the lawful
objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the
provisions of Section 1 150-2 Treasury Regulations, to reimburse itself for such payments at
such time as it issues the obligations to finance the Projects, and
WHEREAS, the expenditures for the Project will be disbursed in the interim from the
general unreserved fund balance, which is not appropriated at present in the 2000-2001 capital
improvement budget for such use, and
WHEREAS, after the budget was adopted, the City determined that in conjunction with
the new Development Code, the need for an Open Space Master Plan and a Downtown Master
Plan to develop strategies to save environmentally sensitive areas (ESA) and open space and to
develop strategies that would help enhance the Downtown area in order to prevent deterioration
and loss of important historical sites, all of which could not have reasonably been foreseen at the
time of the adoption of the 2000-2001 capital improvement budget, time is of the essence since
inaction could significantly adversely impact the City's plans and strategies to manage future
growth, preserve historical sites, and comply with federal regulations, and which creates an
emergency and a grave public necessity that the budget be amended to fund this project to
develop an Open Space Master Plan and Downtown Master Plan, and
WHEREAS, Sec 8 08 of the Denton City Charter provides that in case of grave public
necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not
by diligent thought and attention have been included in the original budget, may be authorized by
the affirmative vote of at least five of the members of the City Council as an amendment to the
original capital improvement budget, and
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WHEREAS, the City Council finds that a grave public necessity exists which requires
emergency expenditures for these master plan projects and the amendment of the 2000-2001 City
of Denton Capital Improvement budget, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the findings set forth in the above preambles to this ordinance are true
and correct and are hereby adopted
SECTION 2 The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum principal amount equal to $166,900 for the purpose of
paying the costs of the Projects, as set forth in the attached Attachment "A", which is made a part
of this for all purposes as if incorporated word for word herein
SECTION 3 All costs to be reimbursed pursuant hereto will be for the purchase of fleet
vehicles and equipment, payment of contractual obligations for professional services, and/or
construction of public works as authorized by Section 271 045(a)(1) of the Texas Local
Government Code No tax-exempt obligations will be issued by the Issuer in furtherance of this
resolution after a date which is later than 18 months after the later of (1) the date the
expenditures are paid, or (2) the date on which the property, with respect to which such
expenditures are made, is placed in service That all amounts expended from the Unreserved
Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of
the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2000-
2001 fiscal year
,SSE TC ION 4 The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this resolution more than three years after the date any expenditure which is to be
reimbursed is paid
SECTION 5 That the 2000-2001 capital improvement budget of Issuer is amended up to
the amounts listed in Attachment "A", to provide for adjustments to the capital improvement
budget Accordingly the 2000-2001 capital improvement budget is hereby amended by
transferring the sum of $166,900 from the unreserved fund balance, account number 100-5600,
to the capital improvement fund, account number 480-050 Immediately upon the sale and
receipt of the proceeds from the certificate of obligations the sum of $166,900 or the actual
amount transferred to the capital improvement fund shall be transferred to the unreserved fund
balance If for any reason these adjustments to the capital improvement fund do not fully cover
the expenditures anticipated in Attachment "A", the City Manager is authorized to provide such
funds from the unreserved fund balance
SECTION 6 That the City Secretary is directed to attach a copy of this ordinance to the
original capital improvement budget and cause this amendment to be published once in the
Denton Record -Chronicle
Page 2 of 3
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SECTION 7 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 994 day of �� 12001
If
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
EULINE BROCK, MAYOR
Page 3 of 3
ATTACHMENT A
CIP PROJECT 2000-2001
Open Space Master Plan
$ 54,900
Downtown Master Plan $112,000
Total $166,900
Attachment A Page 2
CITY OF DENTON TEXAS
ANNUAL PROGRAM OF SERVICES
ADOPTED 2001 2005 CAPITAL IMPROVEMENT PROGRAM
GENERAL GOVERNMENT
TOTAL
REQUIRED
AUTH OTHER CITY
YEAR DIV/DEPT PROJECT NAME UNISSUED • FUNDING
200001 Trans Airport Upgrade Entrance Sign 10 000 10,000
2000 01
Trans
Airport Control Tower
500 000
500 000
200001
Trans
Land Acquisition Airport Runway
220 000
220 000
2000 01
Trans
Traffic Signals
150 000
150 000
200001
Trans
Hickory Creek
750 000
750 000
200001
Trans
Paving/Sidewalks/Bikelanes
500,000
500,000
200001
Trans
US 77
1 450,000
1 450 000
200001
Trans
Loop 288 (12 000')
1,000,000
1 000 000
200001
Trans
Widening Highway 2181
250,000
250 000
200001
Trans
Windsor Interchange
500 000
500 000
200001
Trans
Miscellaneous Paving
2 000,000
2 000 000
200001
Parks
Upgrade Parks
460,000
460 000
200001
Parks
Community Park Land Acquisition
1 400,000
1 400,000
2000 01
Parks
Trails/Linkages
250 000
250,000
2000 Ot
Parks
Beautification
40 000
40 000
200001
Parks
American Legion Hall Annex
175,000
175 000
200001
Parks
Swimming Pool Safety Cover
25 000
25 000
200001
Build/Equip
North Branch Library Design
350 000
350 000
2000 01
Build/Equip
North Branch Library Construction
4 250,000
4 250,000
200001
Build/Equip
Central Fire Station
3 300,000
3 300,000
200001
Build/Equip
Comprehensive Facility Space Study
300 000
300,000
2000 01
Build/Equip
Miscellaneous Facility Renovations
393,000
393,000
200001
Tech Svc
GIS Improvements
200,000
200 000
200001
Tech Svc
Long Range Tech Plan
2,000,000
2,000,000
200001
Plnning/Dev
Open Space Master Plan
54,900
54,900
200001
Plnning/Dev
Downtown Master Plan
112,000
112,000
TOTAL
S 14 245 000
$6,406 900
$ 20 651,900
-Includes certificates of obligation fund balance and General Fund resources