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Ordinance 2005-79 ORDINANCE NO. 2005-79 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $200,000.00 FOR THE PURPOSE OF PURCHASING REAL PROPERTY LOCATED AT KELLERS FIRST ADDITION, BLOCK 4, LOT 10, COLLIN COUNTY, 105 SOUTH JACKSON AVENUE, WYLIE, TEXAS AND FOR THE COMPLETION OF IMPROVEMENTS TO OLDE CITY PARK; 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 ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005- 41 for the purpose of purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park; and WHEREAS, by passing Resolution #2004-25(R) on December 14, 2004, the City Council entered into a interlocal agreement with Collin County for improvements to Olde City Park in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FindinQs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Ordinance No. 2005-79 ORDINANCE AMENDING 2005-2006 BUDGET (Olde City Park Improvements) Page 1 SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 BudQet). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to Two Hundred Thousand and no/100 ($200,000.00) from the Park Acquisition and Improvement Fund balance be expended over the next fiscal year for the purpose of purchasing real property located at Kellers First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde City Park. SECTION 3: SavinQs/ ReoealinQ 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 anyone 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 6th day of December, 2005. ATTEST TO: ~4~k Carole Ehrlich, y Secretary - - , Ordinance No. 2005-79 ORDINANCE AMENDING 2005-2006 BUDGET (Olde City Park Improvements) Page 2