2001-067 O ANCE NO067
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO
REIMBURSE EXPENDITURES FROM THE LrNRESERVED FUND BALANCE OF THE
GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS MORE
FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE
COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2000-2001
CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE OPEN
SPACE AND DOWNTOWN MASTER PLANS, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty of Denton (the "Issuer") is a mumclpal corporatlon/pobt~cal
subdivision of the State of Texas, and
WHEREAS, the ~ssuer expects to pay expenditures for projects m conjtmctlon w~th
designing the Open Space Master Plan and the Downtown Master Plan which are described In
Attachment "A", 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 w~th the lawful
objectives of the Issuer and, as such, chooses to declare ~ts intention, in accordance with the
provisions of Section 1 150-2 Treasury Regulations, to reimburse ~tself for such payments at
such time as ~t issues the obhgatlons to finance the ProJects, and
WHEREAS, the expen&tures for the ProJect will be chsbursed in the ~ntenm from the
general unreserved fund balance, whtch is not appropriated at present ~n the 2000-2001 capital
improvement budget for such use, and
WHEREAS, after the budget was adopted, the City determined that in conjunction with
the new Development Code, the need for an Open Space Master Plan and a Downtown Master
Plan to develop strategies to save enwronmentally sensitive areas (ESA) and open space and to
develop strategies that would help enhance the Downtown area in order to prevent deterioration
and loss of important historical s~tes, all of which could not have reasonably been foreseen at the
time of the adoption of the 2000-2001 capital improvement budget, t~me ~s of the essence since
inaction could slgmficantly adversely impact the C~ty's plans and strategies to manage future
growth, preserve bastoncal roes, and comply w~th federal regulations, and which creates an
emergency and a grave pubhc necessity that the budget be amended to fund th~s project to
develop an Open Space Master Plan and Downtown Master Plan, and
WHEREAS, Sec 8 08 of the Denton C~ty Charter prowdes that in case of grave pubhc
necessity, emergency expan&tures to meet unusual and unforeseen conditions, whmh could not
by diligent thought and attention have been ~ncluded in the original budget, may be authorized by
the affirmative vote of at least five of the members of the C~ty Council as an amendment to the
original capital ~mprovement budget, and
WHEREAS, the Clty Council finds that a grave public necessity exists which requires
emergency expenditures for these master plan projects and the amendment of the 2000-2001 City
of Denton Capital Improvement budget, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the findings set forth m the above preambles to this ordinance are true
and correct and are hereby adopted
SECTION 2 The Issuer reasonably expects to incur debt, as one or more series of
obligations, with an aggregate maximum pnnclpal amount equal to $166,900 for the purpose of
paying the costs of the ProJects, as set forth m the attached Attachment "A", which IS made a part
of this for all purposes as if incorporated word for word herein
SECTION 3 All costs to be reimbursed pursuant hereto will be for the purchase of fleet
vehicles and equipment, payment of contractual obhgations for professional services, and/or
construction of public works as authorized by Section 271 045(a)(1) of the Texas Local
Govemment Code No tax-exempt obligations will be issued by the Issuer ~n furtherance of this
resolution after a date which ~s 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 That all amounts expended from the Unreserved
Fund Balance of the General Fund for the Project set forth in Attachment "A" to pay any costs of
the ProJect shall be reimbursed from Certificate of Obhgation bond proceeds within the 2000-
2001 fiscal year
SECTION 4 The foregoing notwithstanding, no tax-exempt obligation will be issued
pursuant to this resolution more than three years after the date any expenditure which is to be
reimbursed IS prod
SECTION 5 That the 2000-2001 capital improvement budget of Issuer is amended up to
the amounts listed In Attachment "A", to provide for adjustments to the capital improvement
budget Accordingly the 2000-2001 capital Improvement budget is hereby amended by
transfemng the stun of $166,900 from the unreserved fund balance, account number 100-5600,
to the capital improvement fund, account number 480-050 Immediately upon the sale and
receipt of the proceeds from the certificate of obhgatlons the sum of $166,900 or the actual
amount transferred to the capital improvement fund shall be transferred to the unreserved fund
balance If for any reason these adjustments to the capital improvement fund do not fully cover
the expenditures anticipated m Attachment "A", the City Manager is authorized to provide such
funds from the unreserved fund balance
SECTION 6 That the City Secretary is directed to attach a copy of this ordinance to the
original Capital improvement budget and cause this amendment to be published once in the
Denton Record-Chromcle
Page 2 of 3
~ Thxs ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ~0~ day of ,~t~
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3 of 3
ATTACHMENT A
CIP PROJECT 2000-2001
Open Space Master Plan $ 54,900
Downtown Master Plan $112,000
Total $166,900
Attachment A Page 2
CITY OF DENTON TEXAS
ANNUAL PROGRAM OF SERVICES
ADOPTED 2001 2005 CAPITAL IMPROVEMENT PROGRAM
GENERAL GOVERNMENT
TOTAL
REQUIRED
AUTH OTHER CITY
YEAR DIV/DEPT PROJECT NAME UNISSUED * FUNDING
2000 01 Trans A~rport Upgrade Entrance Sign 10000 10,000
2000 01 Trans A~rport Control Tower 500 000 500 000
2000 01 Trans Land Acquisition A~rport Runway 220 000 220 000
2000 01 Trans Traffic S~gnals 150 000 150 000
2000 01 Trans Hickory Creek 750 000 750 000
2000 01 Trans Pawng/Stdewalks/Bikelanes 500,000 500,000
2000 01 Trans US 77 1 450,000 1 450 000
2000 01 Trans Loop 288 (12 000') 1,O00,000 1 000 000
2000 01 Trans W~denmg H~ghway 2181 250,000 250 000
2000 01 Trans W~ndsor Interchange 500 000 500 000
2000 01 Trans Mmcellaneous Paving 2 000,000 2 000 000
2000 01 Parks Upgrade Parks 460,000 460 000
2000 01 Parks Community Park Land Acqum~t~on 1 400,000 1 400,000
2000 01 Parks Tra~ls/Lmkages 250 000 250,000
2000 01 Parks Beautification 40 000 40 000
2000 01 Parks American Legion Hall Annex 175,000 175 000
2000 01 Parks Swimming Pool Safety Cover 25 000 25 000
2000 01 Build/Equip North Branch Library Demgn 350 000 350 000
2000 01 Build/Equip North Branch Library Construction 4 250,000 4 250,000
2000 01 Build/Equip Central F~re Station 3 300,000 3 300,000
2000 01 Build/Equip Comprehensive Fac~hty Space Study 300 000 300,000
2000 01 Braid/Equip Miscellaneous Fsc~hty Renovations 393,000 393,000
2000 01 Tech Svc GIS Improvements 200,000 200 000
2000 01 Tech Svc Long Range Tech Plan 2,000,000 2,000,000
2000 01 Plnning/Dev Open Space Master Plan 54,900 54,900
2000 O1 Plnning/Dev Downtown Master Plan 112,000 112,O00
TOTAL $14 245000 $6,406 900 $20 651,900
*Includes certificates of obligation fund balance and General Fund resources