HomeMy WebLinkAboutOrdinance 2022-595ORDINANCE NO. 2022 - S
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2023, PURSUANT TO
SECTION 200.065, FLORIDA STATUTES; AUTHORIZING EXPENDITURES OF FUNDS
ESTABLISHED BY THE BUDGET; AUTHORIZING ENCUMBRANCES; AUTHORIZING
ISSUANCE OF CHECKS; PROVIDING FOR GRANTS AND GIFTS; PROVIDING FOR LOCAL
AND FEDERAL LAW ENFORCEMENT TRUST FUNDS; PROVIDING FOR POST AUDIT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has presented to the City Commission a tentative operating
budget for the fiscal year commencing October 1, 2022, and the City Commission has scheduled a
public hearing required by Section 200.065, Florida Statutes, to be held on September 6, 2022, at 5:30
p.m., which hearing was duly noticed by the Property Appraiser and the City as required by law; and
WHEREAS, the second public hearing as required by law had been scheduled for September
15, 2022, at 6:15 p.m., which hearing was properly advertised and noticed as required by law, giving
the public and all interested parties an opportunity to address their comments to the City Commission
and, the City Commission having had an opportunity to review and approve the tentative budget, as
deemed appropriate, and having considered the comments of the public regarding the tentative
budget;
WHEREAS, after review of the "TRIM" documentation by the Florida Department of Revenue
("FDOR"), the FDOR deemed the City was not in compliance with the TRIM compliance requirements,
and consequently, a third public hearing as required by law had been scheduled for December 5,
2022, which hearing was properly re -advertised and noticed as required by law, giving the public and
all interested parties an opportunity to address their comments to the City Commission and, the City
Commission having had an opportunity to review and approve the tentative budget, as deemed
appropriate, and having considered the comments of the public regarding the tentative budget and
having complied with the "TRIM" requirements of the Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:
Section 1. First Public Hearing: Operating and Capital Improvement Budget. The operating and
capital improvement budget, attached as Exhibit "A," as presented by the City Manager, and as
amended by the City Commission, was tentatively adopted on first reading on Tuesday, September 6,
2022.
Section 2. Second Public Hearing: Operating and Capital Improvement Budget. The final public
hearing to adopt a budget for the fiscal year commencing October 1, 2022, through September 30,
2023, set for Thursday, September 15, 2022, at 6:15 p.m., at 18070 Collins Avenue, Sunny Isles
Beach, Florida, as previously reviewed and approved on September 6, 2022, by the City
Commission and adopted first as the tentative operating and capital improvement budget, be, and
the same, is hereby adopted by the City as its final budget for Fiscal Year 2022-2023 pursuant to
Article 4.5 of the City Charter.
02022- Operating & Capital Outlay Budget 22-23 Page 1 of 4
Section 3. Third Public Hearing: Operating and Capital Improvement Budget. Due to notification
by the Florida Department of Revenue of a TRIM Compliance Violation, a third public hearing is
required to readopt a budget for the fiscal year commencing October 1, 2022, through September 30,
2023, set for Monday, December 5, 2022, at 5:15 p.m., at 18070 Collins Avenue, Sunny Isles Beach,
Florida.
Section 4. Expenditure of funds appropriated in the budget authorized. Funds may be expended
by, and with the approval of the City Commission in accordance with the provisions of the City Charter
and applicable laws. Funds of the City shall be expended in accordance with the appropriations
provided in the budget adopted by this Ordinance and shall constitute an appropriation of amounts
specified therein. Supplemental appropriations and reduction of appropriations, if any, shall be made
in accordance with Article 4.7 of the Charter of the City of Sunny Isles Beach.
Section 5. Encumbrances. All outstanding encumbrances as of September 30, 2023, shall lapse at
that time. Lapsed encumbrances shall be re -appropriated in the 2023-2024 Fiscal Year.
Section 6. Checks Issued. Except for payroll checks, checks issued from, or withdrawals made
from accounts maintained by the City and public depositories, shall be signed by either the City
Manager, the Deputy City Manager, the Finance Director or the Assistant City Manager. Checks issued
for greater than $5,000, shall require two signatures from the above positions.
Section 7. Grants and Gifts. Each year, if and when the City of Sunny Isles Beach receives monies
from any source, be it private or governmental, by grant, gift or otherwise, to which there is attached a
condition of acceptance, any limitation regarding the use or expenditure of the funds so received
need not be shown in the operating budget nor shall such budget be subject to amendment of
expenditure as a result of the receipt of said monies, but said monies shall be disbursed and applied
toward the purposes for which said funds were received. To ensure the integrity of the operating
budget and the integrity of the monies received by the City under grants or gifts, all monies received
as contemplated above must, upon receipt, be segregated in accounts based on general accounting
principles and where appropriate, placed in separate and individual trusts and/or escrow accounts
from which any money drawn may only be disbursed and applied within the limitations placed upon
the gift or the grant as aforesaid.
Section 8. Local and Federal Law Enforcement Trust Funds. The continuation of Local and Federal
Law Enforcement Trust Funds is hereby authorized with said funds to be used to receive and expend
monies in accordance with State and Federal laws without being included in the Operating and Capital
Improvement Budget. For reporting purposes, the appropriate fund budgets may be amended to
account for activities related to the Local and Federal Law Enforcement Trust Funds.
Section 9. Post Audit provided. Each year, pursuant to Article 4.10 of the City Charter and Section
218.23(1)(b) Florida Statutes, the City Commission hereby provides for annual post audit of the City's
financial account and where the City may be eligible to participate in State revenue sharing beyond
the minimum entitlement in any fiscal year. The City Manager is authorized to take all action
necessary to cause such post audit to be made by a certified public accountant or firm of such
accounts in accordance with the law.
Section 10. Severability. The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or
02022- Operating & Capital Outlay Budget 22-23 Page 2 of 4
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 11. Effective Date. This Ordinance shall be effective immediately upon adoption.
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PASSED AND ADOPTED on first reading the day of September 2022, at 5:30 p.m.
I-
PASSED AND ADOPTED on second reading this ( day of September 2022, at 6:15 p.m.
PASSED AND ADOPTED on third reading this 5T-4 day of December 2022, at 5:15 p.m.
Maur
First Reading
0,—
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
a_ S)l
encr,MC, City Clerk �'�' Edward A. Dion, City Attorney
Motion: V R b�
Second:14('`-SIoN' rt-o�VE,-;>A9'T-
Second Reading
Motion:ltttt�' �V
Second&VWWtS'°l y:- -
Vote on First Reading:
✓
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
(Yes)
(No)
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
►(Yes)
(No)
Vote on Second Reading:
Mayor Goldman
—�y�-(Yes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
—�0-y-(Yes)
a+/
(No)
(Yes)
(No)
Commissioner Lama(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
02022- Operating & Capital Outlay Budget 22-23 Page 3 of 4
Vote on Third Reading:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra(Yes)
(No)
Commissioner Joseph
V(Yes)
(No)
Commissioner Lama
jDk;j(Yes)
(No)
Commissioner Stuyvesant
%,' (Yes)
(No)
02022 -Operating & Capital Outlay Budget 22-23 Page 4 of 4