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Ordinance 2008-50 ORDINANCE NO. 2008-50 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2008-41 (2008-2009 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $400,000.00 FOR THE PARK ACQUISITION AND IMPROVEMENT FUND FOR THE COLLIN COUNTY PROJECT FUNDING ASSISTANCE PROGRAM FOR FOUNDERS PARK AND DEPOSIT OF $400,000.00 INTO THE PARK ACQUISITION AND IMPROVEMENT FUND; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2008-41 (2008-2009 Budget) for the purpose of installing water, sewer, and electric utilities, site work, grading, demolition, concrete walking paths, and for the completion of other improvements to Founders Park ("Improvements"); WHEREAS, the City Council entered into an cost sharing Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Founders Park Project (Resolution No. 2008-48(R)) ("Interlocal Agreement"); and WHEREAS, the estimated cost of the Improvements is four hundred thousand dollars ($400,000.00); and . WHEREAS, the Interlocal Agreement provides that Collin County shall reimburse the City for the costs of the Improvements, with a total investment made by Collin County not to exceed $400,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2008-41 ~2008-2009 Bud~et). Ordinance No. 2008-41 (2008-2009 Budget) is hereby amended to allow for the following appropriation: Four hundred thousand dollars ($400,000.00) paid by Collin County as a reimbursement shall be deposited into Revenue Account 121-4000-43514 (Park Acquisition and Improvement Fund); and 9F~ Three hundred thousand dollars ($300,000.00) shall be appropriated to Expense Account 121-5621-58150 of the Park Acquisition and Improvement Fund; and Ordinance No. 2008-50 Amending 2008-09 Budget (Ordinance No. 2008-41) Founders Park Page 1 534261.v1 ~ One hundred thousand dollars ($100,000.00) shall be appropriated to Expense Account 121-5621-58840 of the Park Acquisition and Improvement Fund. SECTION 3: Savin sg / Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this the 9th day of December, 2008. `~Gfi~~ v Eric Hogue, May ATTEST TO: ~ 4 •ra''`"" C ole Ehrlich, C ty Secretary ~M~ Ordinance No. 2008-50 Amending 2008-09 Budget (Ordinance No. 2008-41) Founders Park Page 2 534261.v1