HomeMy WebLinkAboutOrdinance 2023-602ORDINANCE 2023- 60Z
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING ARTICLE II OF CHAPTER 172, TITLED "CHARITABLE
DONATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES
BEACH; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 15, 2014, the City Commission for the City of Sunny Isles Beach ("City")
adopted Ordinance No. 2014-429, creating Article II of Chapter 172 of the City's Code of
Ordinances ("Code"), titled "Charitable Donations", which was subsequently amended by
Ordinance Nos. 2014-429, 2017-508, and 2018-517 (the "Ordinance"); and
WHEREAS, pursuant to the Ordinance, codified as Section 172-5 of the Code, the City
Manager has the authority to administratively make charitable donations to local non-profit
organizations or other charitable organizations without the approval of the City Commission in
an amount not to exceed $5,000.00 if in cash, and $10,000.00 if for in-kind goods and services;
and
WHEREAS, Section C-7.6. of the City's Charter, titled "Charitable Contributions", provides
that the City shall not make any charitable contributions to any person or entity except if such
contribution is approved by the affirmative votes of at least four (4) Commissioners; and
WHEREAS, Article II of Chapter 172 of the Code is in conflict with the City's Charter and
therefore must be repealed; and
WHEREAS, the repeal of Article II of Chapter 172 of the Code is also consistent with
Florida law, which provides that municipal funds may be used only for a municipal purpose, and
the determination of what constitutes a valid municipal purpose for the expenditure of public
funds is a factual determination for the legislative and governing body involved, which in this
instance would be the City Commission.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:'
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Repeal of Article II of Chapter 172 of the City Code. Article II of Chapter 172 of
the Code is hereby repealed.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, and deletions are shown as strikethrough.
Page 1 of 3
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED AND ADOPTED on first reading this L"day of March 2023.
PASSED AND ADOPTED on second reading this"day of April 2023.
Larisa Svechin, Mayor
Mauri�io Betancgr, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
i�
/•Vicente, City Attorney
Page 2 of 3
First Reading
Motion: '%i lAs
Second: L.2%
Vote on First Reading:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant , - 1
Commissioner Viscarra
Second Reading
C R
Motion: S
Second:
/(Yes)
(Yes)
(Yes)
(No)
(No)
(No)
Yes)
(No)
(Yes)
(No)
Vote on Second Reading:
Mayor Svechin
Yes)
(No)
Vice Mayor Joseph
(Yes)
(No)
Commissioner LamaYes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
Page 3 of 3
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Valerie Vicente, City Attorney
DATE: April 20, 2023
RE: Repeal Article II of Chapter 172 of the City's Code Relating to Charitabl(
Donations
RECOMMENDATION:
Staff recommends adoption of this Ordinance.
REASONS:
Pursuant to Section 172-5 of the City's Code, the City Manager has the authority to administrativeli,
make charitable donations to local non-profit organizations or other charitable organizations without
the approval of the City Commission in an amount not to exceed $5,000.00 if in cash, and $10,000.00 if
for in-kind goods and services. However, Section C-7.6. of the City's Charter, titled "Charitable
Contributions", provides that the City shall not make any charitable contributions to any person or
entity except if such contribution is approved by the affirmative votes of at least four (4)
Commissioners. When a conflict exists between the city's charter and the city's Code of Ordinances.
the charter prevails. Therefore, to correct this conflict, Article II of Chapter 172 of the Code must bE
repealed.
ADDITIONAL INFORMATION:
The repeal of Article II of Chapter 172 of the Code is also consistent with Florida law, which provide!
that municipal funds may be used only for a municipal purpose, and the determination of what
constitutes a valid municipal purpose for the expenditure of public funds is a factual determination for
the legislative and governing body involved, which in this instance would be the City Commission.
ATTACHMENTS:
Ordinance
Item Number: 9.0