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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