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13-40 O - Budget Amendment for Adjustments to General Fund and Storm Drainage Utility Fund (also amended by Ord 12-39, 13-05, 13-12) TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-40 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2012, AND ENDING ON SEPTEMBER 30, 2013, AS ADOPTED BY ORDINANCE NO. 12-28 (FY 2012-2013 ANNUAL BUDGET) AND AMENDED BY ORDINANCE NO. 12-39, ORDINANCE NO. 13-05, AND ORDINANCE NO. 13-12; FOR ADJUSTMENTS TO THE GENERAL FUND AND STORM DRAINAGE UTILITY FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, AS AMENDED; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has heretofore adopted its Annual Budget for the fiscal year beginning on October 1, 2012, and ending on September 30, 2013; and, WHEREAS, said Annual Budget was adopted by Ordinance No. 12-28 on September 25, 2012, and amended by Ordinance Nos. 12-39, 13-05, and 13-12; and after approval of said Ordinances, unexpected needs have arisen which require amendment of the Annual Budget adopted thereby. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 12-28 (FY 2012-2013 Annual Budget). Ordinance No. 12-28 (FY 2012-2013 Annual Budget) is hereby amended to allow for increases or decreases to appropriations as shown in Exhibit"A," attached hereto and incorporated herein. SECTION 3: Unusual and/or Unforeseen Conditions. The expenditures and amendments authorized by this Ordinance are necessary to meet unusual and/or unforeseen conditions or circumstances that could not have been included in the budget through the use of reasonably diligent thought and attention. SECTION 4: Savini&Repealin Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 11TH DAY OF JUNE, 2013. P6�t -, Ray Smith, Mayor AT ST: Robyn�attle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 13-40 Page 2 Exhibit"A" Town of Prosper Fiscal Year 2012-2013 Budget Amendment#4 Reasons for Amending the General Fund Appropriations: Appropriations for previously budgeted special events and a vehicle are being transferred to the appropriate departments. Additionally, to accommodate requests from the sports organizations as well as to provide for additional practice space as discussed at the Town's Strategic Planning Workshop, funding for field improvements (including backstops), field preparation, and field dressing is being requested. Unforeseen maintenance and electricity usage is also a part of the budget amendment along with legal fees for park development agreements. Department Description Increase/(Decrease) Transfer Total Administration Special Events $ (8,300.00) $ (8,300.00) Parks & Recreation Repairs and Maintenance $ 84,700.00 $ 84,700.00 Vehicle Expense $ 1,000.00 $ 1,000.00 Legal Expense $ 8,000.00 $ 8,000.00 Electricity $ 50,000.00 $ 50,000.00 Mileage $ 800.00 $ 800.00 Signs & Hardware $ 2,800.00 $ 2,800.00 Capital Expenditure $ 37,600.00 $ (18,500.00) $ 19,100.00 Special Events - $ 8,300.00 $ 8,300.00 Building Inspection Capital Expenditure - $ 18,500.00 $ 18,500.00 Grand Total $ 184,900.00 $ - $ 184,900.00 Reasons for Amending the Storm Drainage Utility Fund Appropriations: Appropriations for the installation of drainage improvements in the Gentle Creek Subdivision to alleviate erosion. The drainage improvements include an inlet adjacent to the roadway and the necessary storm drainage pipe to convey the drainage to the floodplain. Department Description Increase/(Decrease) Transfer Total Administration Repairs and Maintenance $ 20,000.00 $ - $ 20,000.00 Grand Total $ 20,000.00 $ - $ 20,000.00