HomeMy WebLinkAboutO-12113J-01-818
9/13/01
ORDINANCE NO. 12 113
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 18/ARTICLE IX OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FINANCE," TO AMEND THE FINANCIAL
INTEGRITY PRINCIPLES TO REMOVE MANDATORY
REQUIREMENTS RELATED TO RESERVE
APPROPRIATIONS; MORE PARTICULARLY BY AMENDING
SECTION 18-542(4) OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 18/Article IX of the Code of the City
of Miami, Florida, as amended, is amended in the following
particulars:l'
"CHAPTER 18
FINANCE
ARTICLE IX. FINANCIAL POLICIES
Sec. 18-542. Financial integrity principles.
1' words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
1,21109
0
The following financial integrity principles are
hereby adopted:
(4) Reserve policies. The following three reserve
policies categories are established:
(b) General fund undesignated reserve. The city
sal- may retain undesignated reserves equal
to eight percent of the prior three years
average of general revenues. Such reserves
may only be used for offsetting an unexpected
mid -year revenue shortfall or for funding an
emergency such as a natural or man-made
disaster, which threatens the health, safety
and welfare of the city's residents,
businesses or visitors. At such time that
these reserve funds are expended, the city
commission shall may adopt a repayment
schedule providing for replenishment of these
reserves within two fiscal years.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Page 2 of 3 1211 *3
0
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.'
PASSED ON FIRST READING BY TITLE ONLY this 13th'.: day of
September 2001.
1
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of September , 2001.
JOE CAROLLO, MAYOR
M =ordance with Miami Code Sec. 2-36, since 111h;,* Mayor did not indicate approval of
Via legislation by sininp I
it in the designaledl mace, prgovieed, said
ernes effective with the. D,apse of (10) days fie itha date o mm issie
Ston
ngerding, same, without the Mayor . "ercisi g a
ATTEST: Walter Aon, City Clerk
WALTER J. FOEMAN
('T Ir"V r T LSD Tr
2/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 3
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORy,, .NDUM
TO: Mayor and Members of
FROM: Alejandro Vilarello,,;Cit
41:
DATE: September 14, 20fl'
RE: Amendment 60. ai
(J -01-817/J-01
es related to Financial Integrity and Solid Waste Fees
After the City Commission approved the millage rate and budget for Fiscal Year 2001-
2002 with changes from the submittal of the administration, two separate ordinances were read
by title, one related to the change of the solid waste fee and one related to the change in
mandatory provisions of the financial integrity principles, to be enacted as emergency ordinances.
Each ordinance required four City Commissioners to vote in the affirmative for the ordinance to
pass as an emergency ordinance. The roll call vote for each one generated only three affirmative
votes.
Upon analysis of the actions taken by the City Commission and a review of the applicable
law as relates to these two ordinances, I have determined that three affirmative votes postures
these ordinances as passed on first reading. The ordinances will be placed on the September 25,
2001 Agenda to be considered for passage on second reading, to take effect thirty days after
passage. The ordinances are attached here for your information.
W617:MJC:bss
C: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Elvi G. Alonso, Agenda Coordinator
12113
J-01-818
9/13/01
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 18/ARTICLE IX OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FINANCE," TO AMEND THE FINANCIAL
INTEGRITY PRINCIPLES TO REMOVE MANDATORY
REQUIREMENTS RELATED TO RESERVE
APPROPRIATIONS; MORE PARTICULARLY BY AMENDING
SECTION 18-542(4) OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 18/Article IX of the Code of the City
of Miami, Florida, as amended, is amended in the following
particulars:''
"CHAPTER 18
FINANCE
ARTICLE IX. FINANCIAL POLICIES
Sec. 18-542. Financial integrity principles.
1' Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
121103
The following financial integrity principles are
hereby adopted:
(4) Reserve policies. The following three reserve
policies categories are established:
(b) General fund undesignated reserve. The city
shall may retain undesignated reserves equal
to eight percent of the prior three years
average of general revenues. Such reserves
may only be used for offsetting an unexpected
mid -year revenue shortfall or for funding an
emergency such as a natural or man-made
disaster, which threatens the health, safety
and welfare of the city's residents,
businesses or visitors. At such time that
these reserve funds are expended, the city
commission ill may adopt a repayment
schedule providing for replenishment of these
reserves within two fiscal years..
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Page 2 of 3 12113
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.'
PASSED ON FIRST READING BY TITLE ONLY this day of
2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 2001.
JOE CAROLLO, MAYOR
ATTEST:
WALTER J. FOEMAN
rT'TV rT.PPV
zi This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 3 12113
Ems'.
J-01-817
9/13/01
•
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 22-12 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
DECREASING THE SOLID WASTE FEE FROM $345 TO
$325 FOR FY 2001-2002; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 22-12 of the Code of the City of
Miami, Florida, as amended, is amended in the following
particulars:l'
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTICLE 1. IN GENERAL
Sec. 22-12. Waste fees.
(a) An annual waste fee is hereby assessed upon
all city serviced residential units as defined in
section 22-1 and as set forth herein. These fees shall
apply to residential units within the city not serviced
by private sanitation companies and shall serve to
defray the cost of waste collection and disposal.
1' Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
121131
Effective October 1, 1999, the city may utilize the
uniform method of collection pursuant to Chapter.197 of
the Florida Statutes, whereby residential unit owners
shall pay for residential solid waste collection
services on the tax bill, in accordance with the
provisions of Chapter 197 of the Florida Statutes, as
amended. If the city elects not to use the tax bill
collection method then one-half of said annual fee
amount shall be due and collectible on January 1 and on
July 1 of each calendar year, beginning January, 1999,
as follows:
Fiscal Year Annual Fee
1998--1999
$214.00
1999--2000
$234.00
2000--2001
$325.00
2001--2002
$3
2002--2003
$365.00
2003--2004
$385.00
2004--2005
$405.00
do I -)r- nn
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Page 2 of 3
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.'
PASSED ON FIRST READING BY TITLE ONLY this day of
2001.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 2001.
JOE CAROLLO, MAYOR,
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED_ S TVIFORM A&M 9ORRECTNESS :
I TY.,e#ATTORNEY
40 FRO:BSS
zi This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 3
1211
Second Reading Ordinance
CITY ATTORNEY'S OFFICE 17B
MEMORANDUM
TO: Mayor and Members of tl
FROM: Alejandro Vilarello, City
DATE: September 14, 200,
RE: Amendment o Or 'nanc
(J-01-817/7-01- )
ty
related to Financial Integrity and Solid Waste Fees
After the City Commission approved the millage rate and budget for Fiscal Year 2001-
2002 with changes from the submittal of the administration, two separate ordinances were read
by title, one related to the change of the solid waste fee and one related to the change in
mandatory provisions of the financial integrity principles, to be enacted as emergency ordinances.
Each ordinance required four City Commissioners to vote in the affirmative for the ordinance to
pass as an emergency ordinance. The roll call vote for each one generated only three affirmative
votes.
Upon analysis of the actions taken by the City Commission and a review of the applicable
law as relates to these two ordinances, I have determined that three affirmative votes postures
these ordinances as passed on first reading. The ordinances will be placed on the September 25,
2001 Agenda to be considered for passage on second reading, to take effect thirty days after
passage. The ordinances are attached here for your information.
W617:MJC:bss
C: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Elvi G. Alonso, Agenda Coordinator
42113