1994-128j:\wpdocs\ord\bud.ord
ORDINANCE NO.
0/4 - L29-
AN ORDINANCE AMENDING THE 1993-1994 BUDGET OF THE CITY OF DENTON,
TEXAS BY APPROPRIATING THE SUM OF $26,263 FROM THE UNOBLIGATED FUND
BALANCE OF THE GENERAL FUND TO ACCOUNT NUMBER 100-022-0019-9001;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on September 14, 1993, pursuant to Ordinance No. 93-
158, the City authorized the appropriation of $29,859,943 to the
General Fund; and
WHEREAS, there was no appropriation in the General Fund
providing for the expenditure of the $26,263 required by the
Judgment signed by Judge Don R. Windle on March 10, 1994 in Cause
No. CV-92-00522-C, styled City of Denton vs. John W. Porter, and
wife Margaret E. Porter, relating to the condemning of right-of-
way for the extension of the runway at the Denton Municipal Airport
from 5,000 to 6,000 feet; and
WHEREAS, the City Council finds that the failure of the City to
pay a judgment when funds are available can result in the City
being held in contempt of court and the issuance by a court of a
writ of mandamus arbitrarily directing from which account the
judgment should be paid; and
WHEREAS, Sec. 8.08 of the Charter of the City of Denton and
TEX. GOVT CODE ANN. §102.009 (Vernon 1988) provide a governing
body may authorize an emergency expenditure as an amendment to the
original budget only in a case of grave public necessity to meet an
unusual and unforeseen condition that could not have been included
in the original budget through the use of reasonably diligent
thought and attention; and
WHEREAS, the City Council finds that the failure to pay into
the Registry of County Court at Law No. 3 the funds required by the
above referenced judgment, will create a grave public necessity;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the council adopts the findings listed above.
SECTION II. That the 1993-94 Budget of the City of Denton,
Texas is hereby amended by appropriating the sum of $26,263 from
the unobligated fund balance of the General Fund to Account Number
100-022-0019-9001 for the expenditure of funds which were not
anticipated prior to the adoption of the 1993-94 Budget.
SECTION III. That the City Secretary shall attach a copy of
this ordinance to the 1993-1994 budget and publish a copy of this
ordinance in the next issue of the Denton Record-Chronicle.
SECTION IV. That this ordinance shall become effective from
and after its date of passage.
PASSED AND APPROVED this the 1L day of 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:)lO~toEa/L Ui ¢~4
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
,l ¢G C
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