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2009-157sAour documents\ordinances\09\budget amendment.doc ORDINANCE NO. 45L 16 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR 2008 - 2009 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT TO THE MATERIALS MANAGEMENT FUND OF TWO MILLION DOLLARS ($2,000,000) TO PROVIDE FOR ADDITIONAL EXPENDITURE AUTHORITY ASSOCIATED WITH THE COST OF GOODS SOLD; DECLARING A MUNICIPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2008-209, the City Council of Denton, Texas, approved the Fiscal Year 2008-2009 Budget and Annual Program for Services (the "Budget"); and WHEREAS, due to Denton Municipal Electric's (DME) extensive work on the RD Wells substation, as well as service to the north side of Rayzor Ranch, the "cost of goods sold" budget item has reached near capacity, the Materials Management Fund for Fiscal Year 2008-2009 needs to be amended; and WHEREAS, the 2008-2009 Materials Management Fund budget is $7,163,909. A component of this Budget is the "cost of goods sold" in the warehouse, which is currently budged at $4,664,507; and WHEREAS, by increasing the "cost of goods sold" budget by $2,000,000 will provide an additional capacity for future purchases through the remainder of FY 2008-2009; 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 2008-2009 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, line item "cost of goods sold" in the warehouse of Two Million. Dollars ($2,000,000) to provide for additional capacity for future purchases through the remainder of FY 2008-2009. 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 2008-2009 Budget and Annual Program for Services and cause this Amendment to be published once in the Denton Record-Chronicle, and sAour documents\ordinances\09\budget amendment.doc 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. 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 2009. MARK A IBURR'OUG h S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: rVED APPR AS f'O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 01 BY: / Page 2