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2001-449 NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE MAY BE COMMENCED, DECLARING AN EMERGENCY AND AMENDING THE 2001-2002 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING FOR THE SPENCER ROAD AND 1-35/BRINKER ROAD RAMP, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton (the "Issuer") as a municipal corporation/pohtlcal subdivision of the State of Texas, and WHEREAS, the Issuer expects to pay expenditures for projects in conjunction with Spencer Road and 1-35 Bnnker Road Ramp Project which is 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 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 t~me as at issues the obligations to finance the ProJects, and WHEREAS, the expenditures for the ProJect will be dmbursed in the interim from the general uareserved fund balance, wluch ~s not appropnated at present ~n the 2001-2002 capital improvement budget for such use, and WHEREAS, after the budget was adopted, the City determined that ~n conjunction with the impending Denton Crossing project, a major retml center, the need for improvements to Spencer Road and the relocation of an Interstate 35-E northbound ramp south of Bnnker Road will be critical to public health and safety regarding the area's transportation system, all of which could not, have reasonably been foreseen at the t~me of the adopUon of the 2000-2001 capital improvement budget Time is of the essence since znactmn could adversely Impact pubhc health and safety, the City's thoroughfare system, and econormc viability of the City's tax base, and which creates an emergency and a grave public necessity that the budget be amended to fund these transportation roadway construction projects, and WHEREAS, Section 8 08 of the Denton City Charter provides that In case of grave public necessity, emergency expenchtures to meet unusual and unforeseen conditions, which could noi by diligent thought and attention have been included 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 improvement budget, and WHEREAS, the City Council finds that a grave public necessity exists which requires emergency expenditures for these master plan projects and the amendment of the 2001-2002 City of Denton Capital Improvement budget, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the findings set forth in the above preambles to this ordinance are true and correct and are hereby adopted SECTION 2 The Issuer reasonably expects to mcur debt, as one or more series of obhgataons, w~th an aggregate maximum pnnc~pal amount equal to $3,000,000 for the purpose of paying the costs of the Project, as set forth m the attached Attachment "A", which is made a part of this for all purposes as ~f ~ncorporated word for word herein SECTION 3 All costs to be reimbursed pursuant hereto will be for the purchase of fleet vehicles and eqmpment, payment of contractual obhgatmns for professional services, and/or construction of pubhc works as authorized by Section 271 045(a)(1) of the Texas Local Government Code No tax-exempt obhgatmns will be issued by the Issuer in furtherance of this resolution after a date which ~s later than 18 months after the later of (1) the date the expenditures are pa~d, or (2) the date on which the property, w~th respect to whtch such expenditures are made, ~s placed in service That all amounts expended from the Unreserved Fund Balance of the General Fund for the Project set forth ~n Attachment "A" to pay any costs of the Project shall be reimbursed from Certificate of Obligation bond proceeds within the 2001- 2002 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 ~s pa~d SECTION 5 That the 2001-2002 capital improvement budget of Issuer is amended up to the amounts bsted in Attachment "A", to prowde for adjustments to the capital improvement budget Accordingly, the 2001-2002 capital improvement budget is hereby amended by transfemng the sum of $3,000,000 from the unreserved fund balance, account number 100-3350, to the capital ~mprovement fund, fund number 402 Immediately upon the sale and receipt of the proceeds from the certificate of obhgations the sum of $3,000,000 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 expend~ttares 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 d~rected to attach a copy of this ordinance to the ongmal capital ~mprovement budget and cause th~s amendment to be pubhshed once in the Denton Record-Chronicle Page 2 of 4 SECTION 7 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the 6ff~day of ~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 4 ATTACHMENT A CIP PROJECT 2001-2002 Spencer Road and 1-35/Bnnker Road Ramp $3,000,000 Page 4 of 4 o~o~ooooooo° ~ ooooooooo ooooooooooo~OOOOO ~oo' §§§~.§ §§ ooooo oooo oo~o§°o §o°oooo ..... ~o~o oooooo ~, ~o~~ ~ oo o~oo°~°°°°°~°°, ooo ooo~o o o~ooo~q ' , qooooooooo .... 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