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RESOLUTION NO. __________ 1
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A Resolution of the City of South Miami to authorize the 3
City Manager to make certain SMCRA expenditures out of 4
City funds as well as authorizing him to take other actions 5
on related matters. 6
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WHEREAS, the SMCRA Board approved the SMCRA 2016-17 Fiscal Year 8
budget on October 17, 2016; and 9
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WHEREAS, the City Commission approved the SMCRA 2016-17 Fiscal Year 11
budget with amendments on December 20, 2016; and 12
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WHEREAS, the SMCRA did not accept and therefore did not approve the 14
amendments of the City Commission on January 9, 2017; and 15
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WHEREAS, the City Attorney did not sign the City Commission version of the 17
SMCRA budget with amendments as approved on December 20, 2016 because it was his 18
opinion that the City Commission did not have authority to amend the SMCRA budget; 19
and 20
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WHEREAS, the City Attorney and the City Manager contacted the County 22
Attorneys Office and discussed the matter of the conflict between the City and its SMCRA 23
to be advised on a strategy to resolve the conflict; and 24
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WHEREAS, the County Attorneys Office declined to give an opinion to a 26
municipality and recommended that the conflict had to be resolved prior to action by the 27
County relative to approving the SMCRA budget; and 28
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WHEREAS, the SMCRA Executive Director called the Miami Dade Office of 30
Management & Budget which has jurisdiction over CRA’s in the County; and 31
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WHEREAS, the SMCRA Executive Director received an email on February 21, 33
2017 from the Miami Dade Office of Management & Budget stating that the County could 34
not review and approve the SMCRA proposed budget due to the conflict between the 35
differing versions of the budget and therefore, the SMCRA could not expend any funds at 36
this time; and 37
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WHEREAS, the City Attorney advised the City Commission that the County has 39
instructed the SMCRA to cease all expenditure until the City and the SMCRA have agreed 40
on a budget and until the budget has been approved by the County. The City Attorney has 41
advised he cannot sign any of the contracts that were approved at the last SMCRA 42
meeting since to do so will be put the SMCRA at risk of being sued for breach of contract 43
for failure to pay the contract price on these contracts. Therefore, it would appear that the 44
SMCRA must halt all activity that will incur any expense since there is no way of 45
determining if and when the expense will be paid. 46
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 1
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 2
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Section 1. The above recitals are statements of fact held to be true and are 4
incorporated into the body of this resolution. 5
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Section 2. The City Commission hereby authorizes the City Manager to make 7
certain SMCRA expenditures out of City’s General Fund as well as authorizing him to 8
take other actions on related matters. Such expenditures shall be limited to the following 9
monthly amounts: 10
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Such expenditures are in amounts in excess of the City Managers limitation of 1
expenditure as per Section 5. H. of the City Charter without prior approval by the 2
Commission. Notwithstanding the above, it is hereby declared to be in the best interest of 3
the City to allow the City Manager to make these express SMCRA expenditures out of 4
City funds and is therefore specifically authorized to make the expenditures listed above in 5
such amounts as necessary pursuant to this Resolution and therefore in accordance with 6
Section 5. H. of the City Charter. 7
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Section 3. The Commission makes such authorization for a period of up to 9
three months until and unless there is no resolution of the conflict between the SMCRA 10
proposed budget and the City approved version of the SMCRA budget. Should there be 11
no agreement on the budget at the end of the three months, an additional three month 12
period shall be automatically authorized without further action by the City Commission. 13
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Section 4. If any section clause, sentence, or phrase of this resolution is for 15
any reason held invalid or unconstitutional by a court of competent jurisdiction, the 16
holding shall not affect the validity of the remaining portions of this resolution. 17
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Section 5. Effective Date. This resolution shall become effective immediately 19
upon adoption by vote of the City Commission. 20
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PASSED AND ENACTED this ____ day of _____________, 2017. 23
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ATTEST: APPROVED: 25
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________________________ ________________________ 28
CITY CLERK MAYOR 29
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 32
LANGUAGE, LEGALITY AND Mayor Stoddard: 33
EXECUTION THEREOF Vice Mayor Welsh: 34
Commissioner Edmond: 35
Commissioner Harris: 36
_____________________________ Commissioner: Liebman 37
CITY ATTORNEY 38
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