2008-175sAour documents\ordinances\08\budgetamendments.doc
ORDINANCE NO. 2,WY-1,(0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR
2007 - 2008 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF
DENTON FOR THE FLEET SERVICES FUND TO ALLOW FOR AN ADJUSTMENT OF
NINE HUNDRED THOUSAND DOLLARS ($900,000) TO PROVIDE FOR THE PURCHASE
OF FUEL AND ITS ASSOCIATED COSTS FOR ALL INTERNAL DEPARTMENTS AS
WELL AS THE DENTON COUNTY TRANSPORTATION AUTHORITY; FOR THE SOLID
WASTE FUND TO ALLOW FOR AN ADJUSTMENT OF NINE HUNDRED EIGHTY NINE
THOUSAND, ONE HUNDRED EIGHTY FOUR DOLLARS ($989,184) TO PROVIDE FOR
AN INCREASE IN OPERATIONAL EXPENDITURES AND FOR THE PURCHASE OF
FUEL AND ITS ASSOCIATED COSTS; AND FOR THE POLICE DEPARTMENT TO
ALLOW FOR AN ADJUSTMENT OF FORTY FOUR THOUSAND, SEVEN HUNDRED
SEVENTY DOLLARS ($44,770) AND TO CREATE A SEPARATE DETAILED SPECIAL
REVENUE FUND FOR THE PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
PROGRAM TO PROVIDE FOR THE PURCHASE OF OPERATING EQUIPMENT AND ITS
ASSOCIATED COSTS; DECLARING AN EMERGENCY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2007-205, the City Council of Denton, Texas,
approved the Fiscal Year 2007-2008 Budget and Annual Program for Services (the "Budget");
and
WHEREAS, due to the unstable fuel market, the Fleet Services Fund operating budget
for Fiscal Year 2007-2008 needs to be amended; and
WHEREAS, due to the unstable fuel market, unanticipated increases in repairs, project
services costs, legal expenses and a Texas Commission on Environmental Quality (TCEQ)
disposal fee, the Solid Waste Fund operating budget for Fiscal Year 2007-2008 needs to be
amended; and
WHEREAS, Chapter 707 of the Transportation Code allows municipalities who have
adopted a photographic signal enforcement program (Program) to pay for the operational and
equipment costs of such a Program out of the proceeds of such a Program and the City of Denton
has adopted such a Program by establishing the automated traffic signal safety program on
December 7, 2004; and
WHEREAS, due to the fact that the City's portion of the revenue from the Program must
be deposited in a special account to fund traffic safety programs and the Budget does not include
a separate special revenue fund specifically for the Program, the Traffic Safety Fund budget for
the Fiscal Year 2007-2008 needs to be amended to allow the net revenue from the Program to
fund operational and equipment costs for the Program as shown in Exhibit 1, which is attached to
and made a part of this Ordinance for all purposes; and
WHEREAS, fuel costs have increased by $1.70 per gallon for diesel fuel and $1.14 per
gallon for unleaded fuel over the past six months; and
sAour documents\ordinances\08\budgetamendments.doc
WHEREAS, in addition to the increase in fuel cost, an unanticipated increase in vehicle
maintenance due in part to several costly repairs, and an increase in the other expenses
mentioned above have resulted in an urgent need to amend the Solid Waste Fund budget; and
WHEREAS, the increase in the fleet size for the City and the Denton County
Transportation Authority (DCTA) has increased the amount of diesel and unleaded fuel required
from the last fiscal year to this fiscal year creating a greater impact from the fuel cost increases
mentioned above; and
WHEREAS, revenues from user departments, as well as the DCTA, will offset the
increased costs to the Fleet Services Fund; and
WHEREAS, the 2007-2008 operating Fleet Services Fund budget for fuel is $3,425,230
and increasing this by $900,000 will provide an amended Budget amount of $4,325,230; and
WHEREAS, the 2007-2008 Solid Waste Fund operating budget for fuel is $605,426 and
increasing this by $388,474 will provide an amended budget amount of $993,900 for fuel, for
vehicle maintenance is $832,050 and increasing this by $373,950 will provide an amended
budget amount of $1,206,000 for vehicle maintenance, and also increasing expenditures for legal
expenses, project services costs and for a TCEQ disposal fee by $226,760, as shown in Exhibit 2
which is attached to and made a part of this Ordinance for all purposes, will provide a total
amendment to the Solid Waste Fund operating budget of $989,184 increasing the Solid Waste
Fund operating budget from $17,138,886 to $18,128,070; and
WHEREAS, the Public Utilities Board recommended approval of the Solid Waste Fund
operating budget amendment at its meeting of June 23, 2008; and
WHEREAS, the Budget did not provide for the expenditures of $900,000 and $989,184
to cover the increased cost of fuel, vehicle maintenance, expenditures for legal expenses, project
services costs and a TCEQ disposal fee because these expenditures were unforeseeable and could
not have been included in the Budget and the Fleet Services Fund and Solid Waste Management
budgets through the use of reasonable diligent thought and attention; and
WHEREAS, it is an emergency and a matter of grave public necessity that the Budget be
amended to allow for an adjustment of $900,000 and $989,184 respectively in the Fleet Services
Fund and the Solid Waste Fund operating budgets for the increased cost of fuel, vehicle
maintenance, expenditures for legal expenses, project services costs and for a TCEQ disposal
fee; and
WHEREAS, the Budget also needs to be amended to create a separate special revenue
fund for the Program and to allow $44,770 from the Traffic Safety Fund to be used to fund the
operational and equipment costs for the Program described in Exhibit 1; 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
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sAour documents\ordinances\08\budgetamendments.doc
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 2007-2008 Budget and Annual Program for Services is
hereby amended by the City Council to allow for an adjustment to and increase in the Fleet
Services Fund and the Fleet Services Department budget of Nine Hundred Thousand Dollars
($900,000) to provide for the expenditure of funds to cover the increased cost of fuel and
associated costs.
SECTION3. The Fiscal Year 2007-2008 Budget and Annual Program for Services is
hereby amended by the City Council to allow an adjustment to and an increase in the Solid
Waste Fund and the Solid Waste Department budget of Nine Hundred Eighty Nine Thousand,
One Hundred Eighty Four Dollars ($989,184) to provide for the expenditure of funds to cover
the increased cost of fuel and associated costs, vehicle maintenance, legal expenses, project
services costs and a TCEQ disposal fee.
SECTION 4. The Fiscal Year 2007-2008 Budget and Annual Program for Services is
hereby amended by the City Council to create a separate special revenue fund for the Program
and for an adjustment to allow the Police Department to utilize Forty Four Thousand, Seven
Hundred Seventy Dollars ($44,770) from the Traffic Safety Fund to provide for the expenditure
of funds for the operational and equipment costs itemized on Exhibit 1.
SECTION 5. This Ordinance shall be filed with the City Secretary, who is directed to
attach a copy of this Ordinance to the Fiscal Year 2007-2008 Budget and Annual Program for
Services and cause this Amendment to be published once in the Denton Record-Chronicle, and
to file a copy of this Ordinance with the County Clerk of Denton County and the State
Comptroller of Public Accounts in Austin.
SECTION 6. This Ordinance was approved by at least five members of the City Council
as required by Section 8.08 of the City Charter.
SECTION 7. 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 8. 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.
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SECTION 9. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of '2008.
, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS % LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY: '
Page 4
Description
Tire Deflation Device
Stop Stik
shipping
Exhibit 1
Mapping Upgrade
Sokia 530R Nomad 800E FX-3 Premium Accident Software
Accident Reconstruction Tools
Verticom (Electronic drag sled for drag coefficent calc)
Quantity Cost Total
10 $379.00 $3,790.00
1 $43.40 $43.40
$3,833.40
1 $14,995.00 $14,995.00
1 $272.00 $272.00
Radar Equipment
Stalker II handheld radar w/dash bracket and moving mode
8
$2,295.00
$18,360.00
Stalker II Battery Handles
4
$24.80
$99.20
Stalker II Remote Controls
3
$79.00
$237.00
Stalker II Battery Chargers
3
$79.00
$237.00
$18,933.20
Photography
Nii;on D300 SLR Digital Camera Kit with 18-200mm Lens
1
$2,224.64
$2,224.64
50mm 1.4 Nikon Lens
1
$299.00
$299.00
4gig CF Extremes IV Card (revised)
2
$89.95
$179.90
SB-800 Nikon Speedlight
3
$309.95
$929.85
Pocket Wizard plus 2
3
$188.95
$566.85
Tripod Adapter Bracket
3
$14.00
$42.00
Tripod Slik U8000 w/bag
3
$39.95
$119.85
Sony DCR-SR200 Digital Camcorder DCRSR200 B&H Photo Video
1
$469.95
$469.95
Pelican 1550 Pro Hard Case
2
$167.94
$335.88
Batteries(Camera)
3
$39.95
$119.85
Batteries(Camcorder)
2
$64.95
$129.90
$5,417.67
Accident Scene Protection
Reflective - 28 Inch Orange PVC Traffic Cone
75
$1592
$1,194.00
36" X 36" Emergency Sign
1
$125.00
$125.00
$1,319.00
Total $44,770.27
sAour documents\ordinances\08\budgetamendments.doc
EXMBIT 2
AMENDMENTS TO THE SOLID WASTE FUND
1. Fuel: $388,474
2. Vehicle Maintenance: $373,950
3. Legal Fees: $ 18,000
4. Project Services: $167,260
5. Texas Commission on Environmental Quality Disposal Fee: $ 41,500
Total Budget Adjustment/Increase $989,184