12/;)..
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 2-26.8(c) and 2-26.8(e) of the City of South
4 Miami's Code of Ordinances to change the term of membership and
5 procedure for appointment to the budget and finance committee.
6
7 WHEREAS, Section 2-26.8(c) of the City of South Miami's Code of Ordinances on the
8 budget and finance committee states:
9
10 " ... The initial appointments to the committee shall begin as soon as the finance
11 director declares commencement of the budget process and shall sunset at the end
12 of the fiscal year. Appointments to fill any vacancy on the committee will be for
13 the unexpired term. The city manager or designee may serve as an ex officio
14 member of the committee."; and
15
16 WHEREAS, in Section 2-26.8{ d) it states:
17 "Regularly scheduled meetings shall be held at least quarterly at city hall at a
18 convenient time to be decided by the committee members ... "; and
19
20 WHEREAS, currently, the budget and finance committee is appointed in March or April
21 and sunsets on September 30th which does not allow for sufficient time to meet "at least
22 quarterly"; and
23
!4 WHEREAS, the Section 2-26.8(c) should be amended so that the budget and finance
25 committee terms begins on the date of the first City Commission meeting of the new fiscal year,
26 with appointments lasting one (1) year or until replaced; and
27
28 WHEREAS, the budget and finance committee should be made explicitly exempt from
29 Section 2-22 of the Code ofOrdinances~ limiting terms to two (2) years so that someone who has
30 climbed the learning curve of the budget process and who has proven to be a responsible member
31 may have a longer tenure; and
32
33 WHEREAS, the City Clerk should send an explicit reminder for appointments to the
34 budget and finance committee that will be sent out to the City Commission in late September.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1: Section 2-26.8(c) and (e) of the City of South Miami's Code of Ordinances
40 shall be amended to read as follows:
41
42 ( c) Membership, terms. Members of the committee shall be appointed by the mayor
43 as provided for by as set forth in the City Charter. The mayer City Commission
44 shall attempt to include representatives of the local business community,
45 residents, and accounting and finance experts, in the membership of the
1·6 committee. The initial appointments to the committee shall begin as soon as the
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1 finance director declares commencement of the budget process on the date of the
2 first City Commission meeting of the new fiscal year and shall sunset at the end
3 of the fiscal year. Appointments to fill any vacancy on the committee will be for
4 the unexpired term one (1) year or until replaced. Appointees to the committee
5 shall be exempt from term limits as set forth in Section 2-22. The city manager or
6 designee may serve as an ex officio member of the committee and the clerk shall
7 send notices to the City Commissioners in September of each year requesting
8 their nominations for the committee.
9
10 * * *
11
12 (e) Administrative assistance. The city manager or designee shall post on the
13 City's website digital provide the committee members \vith copies of quarterly
14 and annual financial reports for the general budget and retirement accounts as
15 soon as they are available following the close of the quarter and the fiscal year.
16 The annual audit report and the proposed budget shall be posted on the City'S
17 website for delivered to the committee members not later than the date they are
18 delivered to the city commissioners. The committee's reasonable requests for
19 ledgers and other account reports kept by the finance department shall be made to
20 the city manager or designee and shall be provided to the committee in a timely
21 manner. The city manager or designee shall provide assistance to the committee~
22 requests for finance department records, provided that all requests are submitted
23 in writing. Should the city manager find any committee request for information
!4 or assistance unreasonable or disruptive to the normal operations of the city, the
25 city manager may deny the request, providing to the committee written grounds
26 for the denial. The committee may, upon a majority vote, appeal the city
27 manager's denial of the committee's request for finance department records to the
28 city commission.
29
30 Section 2: Codification. The provisions of this ordinance shall become and be made
31 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
32 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
33 "ordinance" may be changed to "section" or other appropriate word.
34
35 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
36 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
37 shall not affect the validity of the remaining portions of this ordinance.
38
39 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
40 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
41 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
42 that give the appearance of being in conflict when the two ordinances can be harmonized or
43 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
44 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
45 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
~6 to harmonize the two ordinances shall be repealed.
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1
2 Section 5. Effective Date. This ordinance shall become effective upon enactment.
3
4 PASSED AND ENACTED this __ day of ,201 .
5
6 ATTEST: APPROVED:
7
8
9
10 CITY CLERK MAYOR
11 1 st Reading
12 2nd Reading
13
14 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
15 LANGUAGE, LEGALITY AND Mayor Stoddard:
16 EXECUTION THEREOF Vice Mayor Liebman:
17 Commissioner Newman:
18 Commissioner Harris:
19 Commissioner Welsh:
20 CITY ATTORNEY
21
22
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MIAMI DA~l Y BUSINESS REVIEW
Published Daily except Salurday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florlda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review Uk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JANUARY 8,2013
in the XXXX Court,
was published in said newspaper In the issues of
12/28/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Rorida, each day (except Saturday. Sunday and Legal Holidays)
. and has been entered as second class mall matter at the post
office in Miami in said Mi?mi-Dade County. Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, reb .. or refund for the purpose
of securin -'semen! for ublicatiOri In the said
per.
28 day of DECEMBER • A.D. 2012
(SEAl)
MARIA MESA personally known to me
CNotary Public State of FlOrid
heryl H Marmer a ~Y ~ommission 1:1: 189528
"pIres 07/18/2016