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Ord. 1126-1 10-27-03ORDINANCE NO. 1126-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1126, THE 2003- 2004 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN DELETIONS TO THE CAPITAL PROJECTS FUND #34 (STREET ASSESSMENTS) 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. WHEREAS, the City Council is authorized by law to make changes in the City budget for municipal purposes and for emergency appropriations to meet a pressing need for public expenditure to protect the public health, safety, and welfare as a result of unusual and unforeseen conditions; and WHEREAS, said amendments are necessary to remove funds from the Capital Projects Fund #34; now therefore, 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 deletions to the Capital Projects Fund #34 as set out in Exhibit "A", attached hereto and incorporated herein by reference for all purposes, as authorized by law for municipal purposes and for emergency appropriations to meet a pressing need for public expenditure to protect the public health, safety, and welfare as a result of unusual and unforeseen conditions. 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. ORDINANCE NO. 1126-1 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. 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 27th day of October , A.D., 2003. j,/)41)' 6 GJ TOM REID MAYOR 2 ORDINANCE NO. 1126-1 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 EXHIBIT `An ADOPTED AMENDED (34) (34) St Assess St Assess Broadway Broadway Actual Fund Balance 10/1/2003 $ 54,061 $ 54,061 Estimated Revenues for FY 2003-2004 Total Available $ 54,061 $ 54,061 Estimated Expenditures for FY 2003-2004 $ $ 54,061 Projected Ending Fund Balance 9/30/2004 $ 54,061