Res. No. 052-04-11831RESOLUTION NO.52-04-11 831
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE
CITY MANAGER TO TAKE THE NECESSARY STEPS TO FORM A
NOT-FOR-PROFIT MUNICIPAL CORPORATION FOR THE
SOLICITATION OF OTHERWISE UNAVAILABLE FUNDS FOR
PUBLIC NEEDS AND PROGRAMS;PROVIDING AN EFFECTIVE
DATE.
WHEREAS,theMayorandCity Commission wishto promote and support public
purposes benefiting theresidents of theCity of SouthMiami,Florida including
continuation and/or initiation of education,recreation,law enforcement,social services,
arts,cultural,and economic development programs,construction and/or restoration of
publicfacilities,andcapitalandsocialexpenses necessitated by damage caused by
hurricanes and/or other public emergencies astheymayarise;and
WHEREAS,the Mayor andCity Commission wish to establish an endowment
fundforthepurpose of generatingapermanentdedicatedrevenuesourceforgenerating
welldefinedpublicbenefitsandothersimilarpurposes,generally supplementing or
complementing other resources availabletotheCity,and/or accomplishing needed
projectswhich cannot be undertaken withotherrevenuesorfor which available revenues
are insufficient;and
WHEREAS,theBoard of Directors of the not-for-profit corporation shallbe
comprised of theduly elected Mayor and members of the City Commission of South
Miami,Florida,thus being representative of the community at large;and
WHEREAS,the Mayor andCity Commission desire the City Manager to execute
the process of forming said not-for-profit municipal corporation,i.e.drafting the articles
of incorporation,by-laws,and preparation of necessary taxforms,etc.;andto present
those items to this body for approval prior to submission.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.ThattheMayorandCityCommissionauthorizetheCityManager
totakethe necessary stepstopreparethe documentation toformthe South Miami
Foundation,a municipal not-for-profit corporation.
Section 2.ThattheCityManageristopresentthe completed documentation
tothe Mayor and City Commission for approval prior to submission tothe State andthe
Internal Revenue Service.
Section3.Thisresolutionshalltakeeffectimmediatelyuponapproval.
Res.No.52-04-11831
PASSED AND ADOPTED this 16lh day of March,2004.
ATTEST:APPROVED:
OTYXLERK
READ AND APPROVED AS TO FORM:
C-///
CITY ATTORNEY
'A
COMMISSION VOTE:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Marie Birts-Cooper:Yea
Commissioner Sherar:Yea
J:\CBIazckon McGruftWRESOLUTION Authorizing Formation ofNot-for Profit Corp.FY2003
Page 2 of2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:Honorable Mayor,Vice Mayor
and City Commission
Date:March 16,2004
From:Maria V.Davis
City Manager
REQUEST
Subject:Agenda Item #_
Commission Meeting
03/16/04
Re:Formation of a Not-for-
Profit Municipal Corporation
South Miami
•SJuuu
AD-AmericaCfty
Mlllf
2001
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO TAKE THE NECESSARY STEPS TO FORM A NOT-
FOR-PROFIT MUNICIPAL CORPORATION FOR THE SOLICITATION
OF OTHERWISE UNAVAILABLE FUNDS FOR PUBLIC NEEDS AND
PROGRAMS;PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami sponsors and supports awide variety of programs to serve public
needs,in addition totheservicessupportedbytaxpayerdollarsandfor which a municipality is
routinely responsible.The amount of taxanduser-feebasedfunding available to support these
programs and services islimitedbylawandbypracticality.Thereare other sources of funding
(bothpublicandprivate)availableforsocialwelfareprojectsandthewidevariety of public
needs,including capitalprojects,expansion of policeservices,youthand educational programs,
Senior services,etc.,forwhichacitydoesnotqualify.The establishment of anIRSCode501c
(3)qualifyingentity,whichgenerallyallowsdonationstobetaxdeductible,wouldallowtheCity
topursuethoseotherappropriatesources of fundingandto distribute themoneytothose
programs it wishes to support.
Thetype of foundationwhichweareseekingpermissiontoformwouldbeaseparateentityfrom
theCity,but could besetupsothattheMayorandCity Commission constitute its Board of
Directors(asisreflectedintheproposedresolution).Inaddition,anadvisoryboard of people
withexpertisein grants-seeking and funding of non-profits canbesetupalongwithanhonorary
board of influentialpersonalitiestohelpthefoundationachieveitsgoals.Thosetwoboards
wouldbenon-votingentities,leavingalltheactualdecisionmakingtotheBoard of Directorsand
the personnel selected toruntheday-to-day operations of the foundation.
One of the primary funding tools utilized by afoundationisthe establishment of endowment
fundstogeneratepermanentdedicatedsources of revenuetosupportthe well-defined public
benefits for which they are formed.
The type of foundationproposed would beavaluableassettothe City of South Miami,
eventually enablingustoserveourresidents'needsonascalethatis just not possible with
existing taxes and user-fees,through theother limited sources currently available tous.
RECOMMENDATION
Approval is recommended.