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<br />:i: II) <br />U""l 0 <br />~ = :::e:~ <br />= a:C13 <br />C".J W~ <br />W.g .- -lC <br />..JO - UC13 <br />>-00 <br />~ z 1-- <br />- 0 <br />r <( U~ <br /> -, <br /><( U <br /> <br />60. <br /> <br />ORDINANCE NO 2005- 7 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING THE 2004-2005 CITY <br />BUDGET TO REIMBURSE THE COMMUNITY <br />DEVELOPMENT BLOCK GRANT FUND IN CONNECTION <br />WITH THE MITCHELL CENTER SUB RECIPIENT <br />AGREEMENT, AND DECLARING AN EMERGENCY <br /> <br />RECITALS <br /> <br />1 The CIty entered mto a SubrecIplent Agreement wIth the MItchell Center under whIch <br />the CIty provIded Commumty Development Block Grant (CDBG) funds for the MItchell <br />Center's acqulSltIOn of a 4.31 acre tract of property on Mitchell Street (the "Property") for the <br />constructIOn of a youth actIvIty facIlIty <br /> <br />2. The Mitchell Center has not made adequate progress towards completIOn of the youth <br />actIvIty facIlIty, and the U S Department of Housmg and Urban Development (HUD) recently <br />Issued a letter to the CIty contammg a findmg that the Mitchell Center project had not achIeved <br />the goal of benefitmg low- to moderate-mcome resIdents of the CIty, and requmng the CIty to <br />reImburse the CIty'S CDBG Fund m the amount of the value of the Property <br /> <br />3 An appraisal has determmed that the value of the Property IS $133,000 <br /> <br />4 In accordance wIth SectIOn 8 16 of the CIty Charter, the CIty CouncIl declares that a <br />publIc necessIty eXIsts that reqUIres an amendment to the CIty'S 2004-2005 Budget to provIde for <br />a transfer of funds from the General Fund to the CDBG Fund m the amount of$133,000 <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS <br /> <br />SECTION 1 The CIty Budget Ordmance for the 2004-2005 FIscal Year IS amended as <br />set forth m the attached ExhibIt A, m order to reImburse the CDBG Fund m connectIOn WIth the <br />Mitchell Center SubrecIplent Agreement. <br /> <br />SECTION 2. These reVlSlons and reappropriatIOns wIll be mcorporated mto the 2004- <br />2005 CIty Budget. <br /> <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of thIS ordmance IS <br />held to be unconstItutIOnal or mvalId by a court of competent JUrISdIctIOn, the other prOVlSlons of <br />thIS ordmance wIll contmue m force If they can be gIven effect WIthout the mvalId portIOn. <br /> <br />SECTION 4 All ordmances and resolutIOns or parts of ordmances or resolutIOns m <br />conflIct WIth thIS ordmance are repealed. <br /> <br />SECTION 5. The Importance of thIS Ordmance creates an emergency and an ImperatIve <br />publIc neceSSIty, and the prOVISIOns of the Charter requmng that ordmances be presented at three <br />separate meetmgs, and that ordmances do not take effect untIl ten days after the date of ItS final <br />passage are suspended, and thIS Ordmance WIll take effect upon publIcatIOn of notIce of ItS <br />