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23-1870ORDINANCE NO. 23- 1870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE 2011-155; NO LONGER COMMITTING, ASSIGNING, OR RESTRICTING ANY RECREATIONAL PROGRAM REVENUES OR FEES, OR ANY FUND BALANCE OF THE RECREATIONAL FUND, FOR ANY SPECIFIC PURPOSES; DISSOLVING THE RECREATION FUND; PROVIDING SEVERABILITY AND REPEALER CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton elected to define the scope, funding source and purpose of the Recreation Fund beginning with Fiscal Year 2010-2011 in Ordinance Number 201 1-155; and WHEREAS, the City Council of the City of Denton no longer elects to define the scope, funding source and purpose of the Recreation Fund in conjunction with its financial statements beginning October 1, 2023; and WHEREAS, the City Council of the City of Denton no longer elects to commit, assign or restrict, recreational program revenues or fees to recover the costs associated with recreational programs; and WHEREAS, the City Council of the City of Denton no longer elects to commit, assign, or restrict any fund balance held by the Recreational Fund for any specific purposes; and WHEREAS, the City Council of the City of Denton no longer desires to maintain a separate Recreation Fund; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The above recitals are fully adopted and incorporated herein for all purposes. SECTION 2. City of Denton Ordinance Number 2011-155 is hereby repealed. SECTION 3. The City Council hereby no longer commits, assigns, or restricts any recreational program revenues or fees, or any fund balance of the Recreational Fund, for any specific purposes. SECTION 4. The City Council by the action taken herein hereby dissolves the Recreation Fund SECTION 5. 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 6. This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by [ J. II, it.,_ J 1 and seconded by [ C. (Jj4 Bs 1. The ordinance was passed and approved by the following vote U– I.> – J : Aye Nay Abstain Absent Mayor Gerard Hudspeth:J I br ,/ / P/ Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer. District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: PASSED AND APPROVED this the lb+q day of 2023 GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY F"t+'.. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Susan S usa n Ke ller Et::r2023.09.21 17:08:04BY: -05'oo’ Page 2