14-13 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE BUDGET FOR FISCAL YEAR 2013-2014 IN
ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS AND
APPROPRIATING THE VARIOUS AMOUNTS REFERENCED HEREIN;
MAKING FINDINGS RELATED THERETO; PROVIDING REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas ("Town"), is a Home-Rule Municipality located
in Collin and Denton Counties, Texas; and
WHEREAS, Section 7.09 of the Town Charter provides, in part, that the Town Council
may amend the annual budget under conditions which may arise and which could not have
been reasonably foreseen; and
WHEREAS, the Town has been requested to provide funding for the construction of the
Doe Branch wastewater treatment facility by the Upper Trinity Regional Water District; and
WHEREAS, the Town and the Upper Trinity Regional Water District previously entered
into an agreement in or about 2007 that provided for funding alternatives for the construction of
the Doe Branch wastewater treatment facility; and
WHEREAS, the Town has selected an alternative funding arrangement by which the
Town will issue debt, rather than Upper Trinity Regional Water District, and pay cash from
department funds, and as a consequence, the Town Council has determined that it is in the best
interests of the Town to amend the Fiscal Year 2013-2014 budget to facilitate such payment of
cash.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2
From and after the effective date of this Ordinance, the Town's 2013-2014 budget is
hereby amended to increase expenditures in the Water/Sewer Fund by $3,000,000.00,
specifically Line Item Account 20-5670-55-00, Sewer Department/System
Improvements/Repairs, and the budget for Fiscal Year 2013-2014 is hereby accordingly so
amended.
SECTION 3
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of said Ordinances except those instances where there are direct conflicts with
the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance
shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance.
SECTION 4
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage, as
provided by the Revised Civil Statutes of the State of Texas.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2014.
1
Ray Smith` Mayor
ATTEST:
Robyn Bat le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-13,Page 2