23-241ORD[NANCE NO. 23-241
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR
2022-2023 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTONTO ALLOW FOR ADJUSTMENTS TO THE WESTPARK TAX INCREMENTREINVESTMENT ZONE (TIRZ) FUND OF SIX HUNDRED SIXTY FIVE THOUSANDFIFTY THREE DOLLARS ($665,053) FOR THE PURPOSE OF REIMBURSING THEWESTRAY GROUP, LP; DECLARING A PUBLIC PURPOSE; DIRECTING THE CITYSECRETARY ATTACH A COPY TO THE 2022-2023 BUDGET; REQUIRING APPROVALBY AT LEAST FIVE VOTES; AND PROVIDING A SEVERABILITY CLAUSE; AN OPENMEETINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 22-257, the City Council of Denton, Texas,
approved the Fiscal Year 2022-2023 Budget and Annual Program of Services (the “Budget“); and
WHEREAS, the Westpark Tirz Fund is an eligible item in the 2022-2023 the Budget; and
WHEREAS, the Westpark Tirz is funded by the Tax Increment Reinvestment Zone
Number Two, City of Denton, Texas; and
WHEREAS, per ordinance 2014-142 as amended by ordinance 2015-169 (the “14-15
Ordinances”), a reimbursement agreement was approved whereby the City of Denton will
reimburse Westray Group LP (Westray) for the construction of public improvements made by
Westray in a certain real property in Denton County, Texas as described in the 14-15 Ordinances
(Reimbursement Agreement) upon a verified submittal of a reimbursement request; and
WHEREAS, Westray has provided a submittal for reimbursement pursuant to the
Reimbursement Agreement; and
WHEREAS, the Tax Increment Reinvestment Zone Number Two Board reviewed and
verified the submittal for reimbursement on March 8, 2023; and
WHEREAS, the City of Denton desires to increase funding in the Westpark TIRZ Fund to
have funds available for reimbursement to the Westray Group, LP per the Reimbursement
Agreement.
WHEREAS, the City Council finds that this Budget Amendment serves an important
municipal purpose 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 2022-2023 Budget and Annual Program of Services is
hereby amended by the City Council as follows: to allow for adjustments to the Westpark TIRZFund of $665,053 increasing appropriations from $207,063 to $872,116.
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 2022-2023 Budget and Annual Program ofServices
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.
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 itwould 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
The motion to a2prove this Ordinance was made by Jc5sc DAvis andseconded by BriAn BecK , the Ord) d bythe following vote K- A :Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :
VACANT. District 4:
Brandon Chase McGee,At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the q +L- d,y ,f 2023
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ATTEST:
ROSA RIOS, CITY SECRETARY \\\\\\\PIll if
APPROVED AS TO LEGAL FORM:MACK RErNWAND, CITY ATTORNEY
S LJ S a 11 Kb e I I e r E ! ! : 2 : 25?On; 1 3 r0 : :S ?3n6 K e e r06'OO'BY:
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