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HomeMy WebLinkAboutOrdinance 2007-287 ORDINANCE NO. 2007 - 2.PlJ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN OPERATING AND CAPITAL OUTLAY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008, PURSUANT TO SECTION 200.65, FLORIDA STATUTES (TRIM BILL); AUTHORIZING EXPENDITURES OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING ENCUMBRANCES; AUTHORIZING ISSUANCE OF CHECKS; PROVIDING FOR GRANTS AND GIFTS; 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 1,2007 and the City Commission has scheduled a public hearing required by Section 200.065, Florida Statutes, to be held on September 17,2007, at 6:30 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 27,2007, 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 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 Budget. The operating and capital 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 Budget. The final public hearing to adopt a budget for the fiscal year commencing October 1,2007 through September 30,2008, set for Thursday, September 27, 2007, 6:30 p.m., at 18070 Collins Avenue, Sunny Isles Beach, Florida, as previously reviewed and approved on September 17, 2007, by the City Commission and adopted first as the tentative operating and capital budget, be, and the same, is hereby adopted by the City as its final budget for Fiscal Year 2007-2008 pursuant to Article 4.5 of the City Charter. Section 3. Expenditure of funds appropriated in the budget authorized. Funds may be expended by, and with the approval of, the City Manager 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. 02007- Operating and Capital Outlay Budget FY 2007/08 Page 1 of3 Section 4. Encumbrances. All outstanding encumbrances as of September 30, 2008, shall lapse at that time. Lapsed outlay encumbrances shall be re-appropriated in the 2008-2009 Fiscal Year. Section 5. 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 the City Manager (and if he/she is not available, the Assistant City Manager/Services), and the Assistant City ManagerlFinance (and ifhe/she is not available, the City Clerk). Checks issued for less than $5,000, and payroll checks shall only require the signature of the Assistant City ManagerlFinance (and if he/she is not available, the City Clerk). Section 6. Grants and Gifts. Each year, ifand 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 7. 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 may thereby be eligible to participate in 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 8. 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 9. Effective Date. This Ordinance shall be effective ten (10) days after adoption at second reading. .,J.'" PASSED AND ADOPTED on first reading the .t:Lday of September, 2007. PASSED AND ADOPTED on second reading this ~ day of September, 2007, at'-3..8 p.m,. " , " ;. '- , . :.~~~, .~~. \meA." Hines,' iC1VfC; City,<;'lerk ',. ',' .... ~ ... '. .-,.,1... ..... . 02007- Operating(an~ Capital Outlay Budget FY 2007/08 Page 2 of3 APPROVED AS TO FORM AND LEGAL SUFFI IENCY: Moved by: C. c~ Goo~rn~ Seconded by: c.o~ ~L~SIA-S Vote: 5,0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) V(Y es) V(Yes) ~Y es) _(Yes) _(No) _(No) _(No) _(No) _(No) 02007- Operating and Capital Outlay Budget FY 2007/08 Page 3 of3 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: A. John Szerlag, City Manager Hans Ottinot, City Attorney FROM: Priscilla Walker, CMC, Deputy City Clerk ecU~ DATE: September 28, 2007 RE: Approval of Fiscal Year 2007-2008 Budget Ordinance and Millage Resolution At its regular meeting of September 27, 2007, the City Commission adopted Ordinance No. 2007-287, which adopted the Capital Outlay Budget and Resolution No. 2007-1160, which adopted the Millage Resolution, for fiscal year 2007-2008. Attached are copies of the approving legislation for your files. Certified copies have already been provided to the Assistant City Manager/Finance and Assistant Finance Director. Thank you. /pw Attachments Budget Ord & Reso (2007-2008) Approval TrailS Memo