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2012-0031\codadldepartmentsllegallour documents\ordinances\12\reimbursement ord animal SY101teT.C�OCX ORDINANCE NO. 2012-003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO DECLARE THE 1NTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $445,000 TO ALLOW FOR THE DESIGN AND CONSTRUCTION OVERSIGHT FOR THE L1NDA MCNATT ANIMAL CARE AND ADOPTION FACILITY, 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 which will allow for the design and construction oversight of the Linda McNatt Animal Care and Adoption Facility, which was included and approved in the 2011-2012 Capital Improvement Program Budget and 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 Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $445,000 for the purpose of paying the costs of the Project, as set forth in Attachment "A", which is made a part of this Ordinance for all purposes as if incorporated word for word herein. SECTION 2. All costs to be reimbursed pursuant hereto will be for the utilization by the Animal Control Department to execute a contract with Connolly Architects and Consultants to begin the first phase of the new animal care and adoption facility, 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 Ordinance 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 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 2011-2012 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /�� ATTEST: JENNIFER WALTERS, CITY SECRETARY B A OVE AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: