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2011-031sAlegal\our documents\ordinances\l l\budget amendment-materials mgmt,doc ORDINANCE NO. 2011-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR 2010-11 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT TO THE MATERIALS MANAGEMENT FUND OF THREE MILLION NINE HUNDRED THOUSAND DOLLARS ($3,900,000) TO PROVIDE FOR ADDITIONAL FUNDING CAPACITY FOR COSTS OF GOODS SOLD IN THE WAREHOUSE; DECLARING A MUNICIPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2010-214, the City Council of Denton, Texas, approved the Fiscal Year 2010-2011 Budget and Annual Program for Services (the "Budget"); and WHEREAS, the Materials Management Fund did not provide $3,900,000 for the purchase of transformers which Denton Municipal Electric purchased at the beginning of the Budget; and WHEREAS, it serves a municipal purpose that the Budget be amended to allow for an adjustment of $3,900,000 to the Materials Management Fund to provide for additional funding capacity for costs of goods sold in the warehouse; and WHEREAS, the City Council finds that this Budget Amendment also serve an important municipal purpose already contemplated as eligible items for expenditure in the current Budget, consistent with Section 102.010 of the Texas Local Government Code and other applicable laws; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The Fiscal Year 2010-2011 Budget and Annual Program for Services is hereby amended by the City Council to allow for an adjustment to and increase in the Material Management Fund budget of Three Million Nine Hundred Thousand Dollars ($3,900,000) to provide for additional funding capacity for costs of goods sold in the warehouse. SECTION 3. This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Fiscal Year 2010-2011 Budget and Annual Program for Services and cause this Amendment to be published once in the Denton Record-Chronicle, and to file a copy of this Ordinance with the County Clerk of Denton County and the State Comptroller of Public Accounts in Austin. SECTION 4. This Ordinance was approved by at least five members of the City Council as required by Section 8.08 of the City Charter. sAtcgal\our documents\ordinanees\11\budget amendment-materials mgmt.doc SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. It is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and purpose of this meeting was given as required by law. SECTION 7. This Ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 7 , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~IdVY) M 11 AA - A h.~ APPR VED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY j BY: Page 2