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2010-087c:ldocuments and settingslmemccallllocal settingsltemporary Internet fileslcontent.outlooklietz193albudgetamendment-airport gas well fund.doc ORDINANCE No. 2010-087 AN ORDINANCE OF THE CITY OF DENTON, TEAS AMENDING THE FISCAL YEAR 2009-10 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT TO THE AIlZPORT GAS WELL FUND OF NINE HUNDRED SEVENTY THREE THOUSAND FIVE HUNDRED EIGHTY Two DOLLARS x$973,582} TO BE TRANSFERRED TO THE GENERAL FUND FOR REIMBURSEMENT OF THE GENERAL FUND SUBSIDY OF AIRPORT OPERATIONS AND TO DISCONTINUE THE TRANSFER OF SALES TAB AND AD VALOREM TAKES FROM THE GENERAL FUND TO THE NON-AIRPORT GAS WELL FUND; DECLARING A MUNICIl'AL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2009-216, the City Council of Denton, Texas, approved the Fiscal Year 2009-2010 Budget and Annual Program for Services the "Budget"}; and WI~REAS, beginning with FY 2005-06, the City Council directed that the General Fund transfer sales taxes and ad valorem taxes generated from gas wells located within the city limits to the Non-Airport Gas well Fund; and WHEREAS, it is in the best interest of the City to discontinue the annual sales tax and ad valorem tax transfer from the General Fund into the Non-Airport Gas well Fund; and WHEREAS, the General Fund has subsidized Airport Operations over the past six fiscal years by Nine Hundred Seventy Three Thousand Five Hundred Eighty Two Dollars x$973,582}; and WHEREAS, the City Council has determined that it is in the best interest of the City of Denton to recover the subsidy; and WHEREAS, the City Council f nds 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 20092010 Budget and Annual Program for Services is hereby amended by the City Council to allow for the transfer of Nine Hundred Seventy Three Thousand Five Hundred Eighty Two Dollars x$973,582} from the Airport Gas well Fund to the General Fund. The new Airport Gas Well Fund budget will be increased by Nine Hundred c:Idocuments and settingslmemccallllocal settingsltemporary inteme~ fileslcontent.autlooklietz193albudget amendment-airport gas well fund.dac Seventy Three Thousand Five Hundred Eighty Two Dollars x$973,5$2} from One Million Four Hundred Twenty Seven Thousand Eight Hundred Eighty Eight Dollars x$1,427,888} to TwQ Million Four Hundred One Thousand Four Hundred Seventy Dollars x$2,401,470}. SECTION 3. The annual transfer of sales tax and ad valorem tax from the General Fund to the Non-Airport Gas well Fund is discontinued. . SECTION 4. This Ordinance shall be filed with the City Secretary, who is directed to attach a copy of this Ordinance to the Fiscal Year 2009-2010 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 Cierk of Denton County and the State Comptroller of Public Accounts in Austen. SECTION 5. This Ordinance was approved by at least five members of the City Council as required by Section 5.08 of the City Charter. SECTION 6. 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 7. 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 8. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ , 2010. A. B 0U S, YOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: i Page 2 I Ilcodadldepartmentsllegallour dacumentslordinancesll0lbudgetamendment-airport gas well fund,doc APPROVED AS TD LEGAL FGRM: ANZTA BURGESS, CITY ATTORNEY BY. ~ Page 3 i