2005-09401m CE NO.0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FISCAL YEAR
2004-2005 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF
DENTON TO ALLOW FOR AN ADJUSTMENT OF SIX THOUSAND FIVE HUNDRED
DOLLARS ($6,500) TO PROVIDE FOR THE PAYMENT OF EXPENSES INCURRED FOR
THE REVIEW OF A CABLE TELEVISION FRANCHISE APPLICATION BY UNIVERSITY
OF NORTH TEXAS; DECLARING AN EMERGENCY; PROVIDING FOR PUBLICATION
OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2004-274, the City Council of the City of
Denton, Texas approved the Fiscal Year 2005-2006 Budget and Annual Program for Services
(the "Budget"); and
WHEREAS, pursuant to Section 8-31 of the Code of Ordinances of the City of Denton
and Ordinance No.2000-204 the University of.North Texas ("UNT") paid to the City a $5,000.00
nonrefundable application fee to cover costs of review, issuance and enforcement of a proposed
cable television franchise which is being apphed for by UNT (the "UNT Application"); and
WHEREAS, in addition, pursuant to an agreement between the City and UNT, UNT has
agreed to pay an additional sum of $1,500.00 to cover the costs of review of the franchise
application, thereby increasing the total sum to $6,500.00; and
WHEREAS, it has been many years since the City has received a cable television
franchise application and therefore this expenditure was unforeseeable and could not by diligent
thought and attention have been included when the Budget was adopted; and
WHEREAS, the Budget did not provide for the expenditure of the $6,500.00 to cover the
costs of review of the UNT Application because it was unforeseeable; and
WHEREAS, it is an emergency and a matter of grave public necessity that the Budget be
amended to allow the City to expend the $6,500.00 received from UNT to cover the franchise
application review expenses; and
WHEREAS, the City may expose itseif to liability if expenditures are not authorized to
professional consultants to assist the City in the franchise application review process, especially
in light of the fact that and incumbent franchised cable television company has threatened
litigation if the LINT franchise is granted; and
WHEREAS, as required by Section 8.08 of the Denton City Charter, the City Council
finds that a failure to make this expenditure creates a grave public necessity, requiring
emergency expenditures to meet unusual and unforeseen conditions associated with the need to
review the UNT Application; 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 Budget is hereby amended by the City Council to allow six thousand
five hundred dollars ($6,500.00) in franchise application funds received from UNT to be
allocated to the Legal Department's budget for consultant fee expenditures for the purpose of
paying for professional consultant fees for the review of the UNT Application.
SECTION 3. This ordinance shall be filed with the City Secretary, who is directed to
attach a copy of this ordinance to the Budget and cause this amendment to be published once in
the Denton Record-Chronicle.
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. This ordinance shall bebome effective immediately upon its passage and
approval.
PASSED AND APPROVED this the c~q,~ ~t~day of ~t~ffA~: . _ ,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY >
EULINE BROCK, MAYOR-
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ~TTORNEY
BY: ~~
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