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Ord. 2013-45 - budget amend. for FY12-13 - 10-1-13ORDINANCE NO. 2013-45 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2012 -2013 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2012 -38 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2012 -2013 Annual Budget and CIP Budgets were adopted by Ordinance 2012 -38 on September 12, 2012; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the Capital Improvements Projects (CIP) budget as set forth herein; and WHEREAS, this ordinance combines the independent Council actions into one budget amendment document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The annual budget for fiscal year 2012 — 2013 is hereby amended to include the expenditures and revenues in Exhibit "A" (if any) and the Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit "A" (if any) attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section 5. The necessity for amending the budget for the Capital Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. Section 6. This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this 1 st day of October 2013. THE CITY OF HUNTSVILLE, TEXAS Mac Woodwar ayor AS TO FORM: Schneider, City Attorney a. L1 C. Exhibit A CIP Budget Amendments October, 1 , 201 (to be effective 0/30/13) From: Wastewater CIP Unallocated 702 - 999 - 99999 $ 4,412 To WW CIP - WW Extension to 3233 Woodward Roham Darvishi $ 4,412 Council approved City participation in a Wastewater extension project to 3233 Woodward Dr., in the amount of $4,412 at its 8/6/13 meeting. The account which Explanation: was to be used for the payment was not designated. Account 702 -999- 99999 WW CIP Unallocted has $71,054 available and staff is requesting to use $4,412 for the participation payment. From: Fire Stn CIP 852 -85201 Fire Station Constr (2004 Debt Issue) $ 42,302 To: Fire Stn #2 Major Repairs 815- 81552 -62300 $ 42,302 In Fiscal Year 2004 Certificates of Obligation in the amount of $1,200,000 were issued to provide funds for construction of Fire Station #1 on Veterans Memorial Parkway. A CIP Fund was created to account for the costs of the Project. The project was completed in March 2007. The "Official Statement" document relating to the debt provides that the funds from the Debt issued were to be used for the construction of the new fire station and additionally for "renovating, improving, and Explanation: equiping existing fire stations ". As such, with the need for additional monies projected to be needed for the major repairs at Fire Station #2 staff is requesting the $42,302 remaining from the Fire Station #1 CIP be moved to the Fire Station #2 major repairs CIP and to close out Fire Stn CIP 852 - 85201. Moving these monies to the Fire Station 42 CIP will reduce amounts needed from transfers from General Fund in the future. I From: Fire Stn CIP 853 -85301 NE Fire Station Constr (2009 Debt Issue) $ 166,842 To: Debt Service Fund - Fund Balance $ 166,842 In Fiscal Year 2009 General Obligation bonds in the amount of $1,850,000 were issued to provide funds for construction of Fire Station #4 at 1619 Hwy 30. A CIP Fund was created to account for the costs of the Project. The project was completed in Fiscal Year 2011. The "Official Statement" document relating to the debt provides that the funds from the Debt issued were to be used for the construction of the new Explanation: fire station and equiping the new fire station. There were no provisions allowing for the use of the debt monies at any other fire station or for any other purpose. Bond Counsel has confirmed that monies from the debt issue were restricted to the specific fire station on Hwy 30 and the only other purpose allowed is to transfer to Debt Service and that unused monies should be moved to the Debt Service Fund at this time. 1