HomeMy WebLinkAboutOrdinance 2016-482-A ORDINANCE NO. 2016 - 4g 2 - A
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ADOPTING AN OPERATING AND CAPITAL
IMPROVEMENT BUDGET FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30,
2017, PURSUANT TO SECTION 200.65, 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 1,2016 and the City Commission has scheduled a public
hearing required by Section 200.065, Florida Statutes, to be held on September 6, 2016, 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
15,2016,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; and
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 October 20, 2016,
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,be and the same hereby is tentatively adopted at first reading,subject
to final adoption and amendments, as provided by Section 200.065,Florida Statutes(second reading).
Section 2. Second Public Hearing: Operating and Capital Improvement Budget. The final public
hearing to adopt a budget for the fiscal year commencing October 1,2016 through September 30,2017,
set for Thursday, September 15, 2016, at 6:00 p.m., at 18070 Collins Avenue, Sunny Isles Beach,
Florida, as previously reviewed and approved on September 6, 2016, by the City Commission and
adopted first as the tentative operating and capital improvement budget, be, and the same, is hereby
02016-Operating and Capital Outlay Budget FY 2016-17 Page 1 of 3
adopted by the City as its final budget for Fiscal Year 2016-2017 pursuant to Article 4.5 of the City
Charter.
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, 2016 through September 30,
2017, set for Thursday, October 20, 2016, at 6:15 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 30,2017,shall lapse at
that time. Lapsed encumbrances shall be re-appropriated in the 2017-2018 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 City Clerk. 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.
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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
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 after adoption at second reading.
PASSED AND ADOPTED on first reading the 6th day of September 2016.
PASSED AND ADOPTED on second reading the 15`h day of September 2016, at 6:10 p.m.
PASSED AND READOPTED on third reading this 20`h day of October 2016, at c.0:7'p.m.
oY frge H. Scholl, ayor
ATTEST:
4
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Jane A. Hines, MMC, City Clerk
1
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APPRO D AS TO FORM
ANP 1Efii1
, FFICIENCY:
iged
,trir tti not, ty Attorney
Moved by: COMM%SSIoriEa- QEuOrJ
Seconded by: COMM tceyt drroa_ LEN't ri
Vote:
Mayor Scholl A42Setif (Yes) (No)
Vice Mayor Gatto ✓ (Yes) (No)
Commissioner Aelion V (Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Levin ✓ (Yes) (No)
02016-Operating and Capital Outlay Budget FY 2016-17 Page 3 of 3
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I,MAURICIO BETANCUR, Deputy Clerk of the City of Sunny Isles Beach, Florida, do hereby
certify that the above and foregoing is a true and correct copy of Ordinance No. 2016-482-A
adopted by the City Commission at its meeting held on the 315`day of July, 2014.
Issued this 21 3--clay of 0 C.ro t & , 2016.
di a
Mauricio B-ta ur, MC, Deputy City Clerk