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11-M-28 Certain Budgetary TransfersORDINANCE NO. 11-M-28 AUTHORIZING THE CITY MANAGER AND CERTAIN OTHER DESIGNATED PERSONS TO MAKE CERTAIN BUDGETARY TRANSFERS WITHIN AN ADOPTED BUDGET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Schertz, Texas (the "City") Charter Section 7.07(d) states "Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance among programs within a department, office or agency, or from departments, offices or• agencies"; and WHEREAS, a need exists to allow flexibility for the City Manager and certain other designated persons to transfer appropriated money within an adopted budget; and WHEREAS, the City Council is in receipt of a written request from the City Manager; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Manager and the persons designated to the City Council by him to act for him in the event of his absence or unavailability are hereby authorized to transfer appropriated money within a department's adopted budget provided that the total department budget does not change. Section 2. In no case shall money be transfened between funds without City Council approval. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or• the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. soa3nss.i - 1 - Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required bylaw. PASSED ON FIRST READING, the 23rd day of August, 2011. PASSED, APPROVED and ADOPTED ON SECOND READING, the 30~h day of August, 2011. ~ Mayor, City of Schertz, Texas ATTEST: ~ C~JmJYtp City Secretary, City of Schertz, Texas (Seal of City) soa3~zss.i - 2 -