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2013-219ORDINANCE NO. 2013-219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE STREET IMPROVEMENT FUND; DEFINING AND COMMITTING CERTAIN FEES AND OTHER REVENUES OF THE CITY TO THE STREET IMPROVEMENT FUND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton established the Street Improvement Fund, a Special Revenue Fund, through Ordinance No. 2011 -154 and desires to amend such ordinance to commit certain revenues to the Street Improvement Fund effective October 1, 2012; and WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted Statement 54, which states that Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the City Council of the City of Denton elects to commit a portion of franchise fees previously accounted for in the General Fund to the Street Improvement Fund for street maintenance and improvement activities; and WHEREAS, the City Council of the City of Denton elects to determine and approve the specific amounts of franchise fees to be accounted for and committed in the Street Improvement Fund each year through adoption of the Annual Program of Services; and WHEREAS, the City Council of the City of Denton elects to commit street cut fees and other related revenues, including interest income to provide a dedicated funding mechanism to account for street maintenance and improvement activities; and WHEREAS, the City Council of the City of Denton elected to issue Certificates of Obligation in lieu of Utility System Revenue bonds due to the interest cost savings that can be achieved; and WHEREAS, the City Council of the City of Denton has determined the interest cost savings associated with the issuance of Certificates of Obligation in lieu of Utility System Revenue bonds should be transferred from each of the respective utility funds to the Street Improvement Fund; and WHEREAS, the City Council of the City of Denton elects to commit the interest cost savings from the issuance of Certificates of Obligation to provide a dedicated funding mechanism to account for street maintenance and improvements activities; NOW, THEREFORE, s: \legal \our documents \ordinances \13 \street improvement fund proposed ordinance 2013.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:: SECTION 1. The City Council hereby defines and commits certain fees and revenues to the Street Improvement Fund, an official fund of the City of Denton, Texas. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or 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 validity. SECTION 3, This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MMZK llt l l " U :j S' MA LL YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: w m_m A ........���� �� . . PPlZ I�," rl AS LEGAL FORM. ANITA BURGESS, CITY ATTORNEY BY: " Page 2