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ORD 919 01/26/2010 ° r c�� �Illltllllll/I//II/q//y4y O r„.. 0 4., lllllllllllllllllll 4 TEXAS "City of Choice" ORDINANCE NO. 919 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, PROVIDING FOR THE SECOND AMENDMENT OF THE BUDGET FOR THE FISCAL YEAR 2009-2010, BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCE OF THE CITY OF CIBOLO; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo, Guadalupe County, Texas, passed and approved Ordinance Number 912 on September 14, 2009, and thereby adopted. the Fiscal Year 2009-2010 Annual Budget; and WHEREAS, the City Council of the municipality of Cibolo, Guadalupe County, Texas, may amend the Fiscal Year 2009-2010 Annual Budget from time to time; and WHEREAS, it is necessary, at this time, to make the second amendment to the Fiscal Year 2009-2010 Annual Budget to reflect the expenditures for the fiscal year. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. ADOPTION That the approved and adopted budget for Fiscal Year 2009-2010, is hereby amended as specified in Exhibit A attached hereto. SECTION 3. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. SECTION 4. SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinances affecting the annual budget for Fiscal Year 2009-2010, which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. EFFECTIVE DATE That this Ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo, Texas, and it is so ordained. PASSED AND APPROVED by a vote of 7 for to cp/ against this 26th day of January, 2010. APPROVED: e fifer an, Mayor ATTEST: / x`77"! Peggy Cimics, City Secretary ATTACHMENT"A" BUDGET AMENDMENT#2 Account# Department Account Name Description 01-52710-43-00 Police Professional Service $ 12,487 *Physical ability test 01-53640-53-00 Fire Professional Service $ 12,488 *Physical ability test 01-53640-45-00 Community Dev Svr Professional Service $ 45,000 *Zoning Ordinance 01-54900-47-00 Animal Control Non-Capital Outlay $ 3,500 Winterizing shelter 01-54910-48-01 Parks Capital Outlay $ 52,000 *Upgrades to Niemietz Park 01-35235-00-00 Non-Departmental Use of Fund Balance $ 125,475 * Project began last fiscal year. Expense is being re-budgeted in the current fiscal year.