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2009-135s:\our documents\ordinances\09\airport budget amendments.doc ORDINANCE NO. ~0~9 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 AIRPORT GAS WELL FUND OF ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) TO PROVIDE FOR COSTS ASSOCIATED WITH RUNWAY CONSTRUCTION, CONSTRUCTION OF A SOUTHEAST TAXIWAY, SECURITY FENCING, DRAINAGE IMPROVEMENTS, RADAR INSTALLATION AND IMPROVEMENTS TO WOLFE ROAD; DECLARING A MUNICIPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE, AN OPEN MEETINGS CLAUSE, AND 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, the 2008-2009 Budget did not provide for the expenditures of $1,300,000 to cover the costs associated with runway construction, construction of a southeast taxiway, security fencing, drainage improvements, radar installation and improvements to Wolfe Road; and WHEREAS, it serves a municipal purpose that the Budget be amended to allow for an adjustment of $1,300,000 in the Airport Gas Well Fund operating budget for costs associated with runway construction, construction of a southeast taxiway, security fencing, drainage improvements, radar installation and improvements to Wolfe Road; and WHEREAS, the City Council finds that these Budget Amendments 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 Airport Gas Well Fund budget of One Million Three Hundred Thousand Dollars ($1,300,000) to provide for the expenditure of funds to cover costs associated with runway construction, construction of a southeast taxiway, security fencing, drainage improvements, radar installation and improvements to Wolfe Road. 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 s:\our dOCllments\ordinances\09\airport budget amendmcnes.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 nd day of 2009. MARK A. BURRO GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2