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Ord. 1076-1 03-24-03ORDINANCE NO. 1076-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1076, THE 2002- 2003 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ADDITIONS TO THE TAX INCREMENT REINVESTMENT ZONE #2 FUND FOR MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Manager or his designee is authorized to make the additions to the Tax Increment Reinvestment Zone #2 Fund as set out in Exhibit "A," attached hereto and incorporated herein by reference for all purposes, as authorized by law for municipal purposes. Section 2. That the City Manager or his designee is authorized to take all actions necessary to facilitate the changes identified herein without further approval of City Council. Section 3. Declaration of Emergency. The Council finds and determines that the need to adjust the City budget inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. ORDINANCE NO. 1076-1 Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 7. Effective Date. This Ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED and APPROVED on First and Only Reading this the 24th day of March , A.D., 2003. r--� ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 2 Exhibit A TIRZ #2 Fund Projected Fund Balance October 1, 2002 Revenues & Sources $ 138,865 $ 30,076 Total Available $ 168,941 Expenditures $ 125,000 Projected Fund Balance September 30, 2003 $ 43,941