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2003-013ORDINANCE NO. ~0ff~'-- O/~ AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED RETAINED EARNINGS OF THE MATERIALS MANAGEMENT FUND WITH CERTIFICATES OF OBLIGATION FOR THE PURCHASE OF LAND AND RELATED COSTS; DECLARING AN EMERGENCY AND AMENDING THE 2002-2003 CAPITAL IMPROVEMENT BUDGET; AND PROVIDING AN EFFECTIVE DATE. (PROJECT- $585,000 FOR LAND PURCHASE; RELATED COSTS $25,000) WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the purchase of land for Attachment "A" (the "Project"); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; and WHEREAS, Sec. 8.08 of the Denton City Charter provides that in case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attention have been included in the original budget, may be authorized by the affirmative vote of at least five (5) of the members of the council as an amendment to the original budget; and WHEREAS, the City Council finds that a grave public necessity and unforeseen emergency exists which requires amendment of the 2002-2003 City of Denton Capital Improvement Budget, to wit: The City is in grave need to expand its warehouse facilities and it was not reasonably foreseeable that the subject land would be available at the time the 2002-2003 Capital Improvement Budget was adopted. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2: The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $585,000 for the purpose of paying the costs of the land purchase and an amount not-to-exceed $25,000 for other related costs as set forth in the attached Attachment "A" which is made a part of this ordinance for all purposes. SECTION 3: All costs to be reimbursed will be for land purchase and other related expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is placed in service. All amounts expended f~om the Unreserved Retained Earnings for the Projects to pay any costs of the Projects shall be reimbursed from Certificate of Obligation proceeds within the 2002-2003 fiscal year. SECTION 4: The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid SECTION 5: The 2002-2003 Capital Improvement Budget of issuer is amended up to $610,000 to provide for adjustments to budgeted appropriations in the Materials Management Fund. SECTION 6: The City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record- Chronicle. SECTION7: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~7~/¢~day of (~/~ , 2003. / EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: "~' IJ ATTACHMENT "A" City of Denton, Texas Annual Program of Services Proposed 2002-07 Capital Improvement Program Materials Management Fund Year Div/Dept Project Name Other* Total Required C~ty Funding Aid In Const. Total Project Costs 2002-03 Mat. Mgmt. Warehouse-Land Acq. $585,000 $585,000 Misc. Costs 25,000 25,000 $610,000 $610,000 $585,000 25,000 $610,000 *Includes certificates of obligation, fund balance, and General Fund Resources