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Res. No. 028-09-12837RESOLUTION NO. 28 -09 -12837 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER TO CONSIDER REFRAINING FROM PROVIDING EMPLOYEES WITH MERIT INCREASES DURING THE FISCAL YEAR 2009 -2010, IF THE ACTUAL REVENUES RECEIVED BY THE CITY ARE LESS THAN NINETY PERCENT OF THE PROJECTED REVENUES IN THE APPROVED BUDGET OR IF THE EFFECT OF PROVIDING SUCH MERIT INCREASES WOULD RESULT IN THE ELIMINATION OF POSITIONS, EXCEPT TO THE EXTENT THAT SUCH FREEZE WOULDCONTRAVENE ANY LAW; PROVIDING AN EFFECTIVE DATE. WHEREAS, in light of the current economy, the City of South Miami is examining every cost reducing measure available without reducing services to the citizens; and, WHEREAS, the State of Florida ranks second in the United States in home foreclosures; and, WHEREAS, according to the Sunday New York Times article dated February 8, 2009, the state of Florida is projected to lose about $100 billion in property value due to the foreclosure crisis; and, WHEREAS, the impact of home foreclosures could adversely impact the City's share of ad valorem taxes received; and, WHEREAS, the granting of pay increases, including but not limited to merit, cost of living (COLA) and step increases, may egregiously impact the City's budget if proposed revenues forecasted to be received by the City are not realized; and, WHEREAS, if the decrease in revenues received by the City necessitates that the City make cut backs, the City Manager is encouraged to freeze merit pay increases except any increases that would contravene any collective bargaining agreement or requirement of law. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The above whereas clauses are incorporated by reference into the body of this resolution. Section 2. The City Manager is directed to temporarily refrain from giving merit increases to employees except to the extent that such freeze would contravene any collective bargaining agreement or law if the revenues received by the City in any fiscal quarter are less Page 1 of 2 Res. No. 28 -09 -12837 than ninety percent (90 %) of the revenues project in the budget or the City Manager determines that giving merit increases will require that staff positions be eliminated. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this,�5t' day of February, 2009. ATTEST: APPROVED: " C Y CLERK MAYOR READ LOVED FORM: C -- eredo, m Gallop & Figueredo, P.A. Office of City Attorney COMMISSION VOTE: 3 -1 Mayor Feliu: Yea Vice Mayor Beasley: Nay Commissioner Newman: absent Commissioner Beckman: Yea Commissioner Palmer: Yea Page 2 of 2