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HomeMy WebLinkAboutO-11890J-00-73 1/20/00 [1 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSSION AMENDING CHAPTERS 2 AND 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION" AND "FINANCE" TO REMOVE PROVISIONS RELATING TO THE ANTI -DEFICIENCY ACT FROM CHAPTER 2 AND RELOCATE SAME TO CHAPTER 18 IN NEW ARTICLE IX ENTITLED "FINANCIAL POLICIES FURTHER AMENDING CHAPTER 18 TO SET FORTH FINANCIAL POLICIES AS THEY RELATE TO FINANCIAL INTEGRITY PRINCIPLES; MORE PARTICULARLY BY (A) DELETING NAMED REFERENCE TO AN ARTICLE XII IN CHAPTER 2, (B) RELOCATING SECTIONS 2-1145 THROUGH 2-11.48 TO CHAPTER 18, NEW ARTICLE IX/DIVISION 1 AS SECTIONS 18-500 THROUGH 18-503, AND (C) CREATING NEW DIVISION 2 TO NEW ARTICLE IX, WITH SECTIONS 18-540 AND 18-541; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. !WHEREAS, on December 2, 1996, the Governor of the State of i Florida was officially notified of a financial_ emergency in the Citylof Miami; and ,WHEREAS, the City of Miami, the Governor and the Financial Oversight Board ("FOB") entered into an Intergovernmental Cooperative Agreement (ICA) which set forth corrective actions to be taken to eliminate the financial emergency; and ,WHEREAS, in two years, the FOB'S participation is expected I to be concluded, and the . City desires that the use of financial "best practices" be continued to assure maximum protection of 11890 public funds entrusted to the City of Miami; and (WHEREAS, the City recognizes it has made improvements in its financial position through adherence to financial "best practlices"; and WHEREAS, with passage of the Anti -Deficiency Act, the City began the process of setting into law the framework to prevent another financial crisis through use of its own municipal home rulel;powers; and ,WHEREAS, the City desires to formalize ten (10) financial principles, many of which are in practice today, which will serve as the underlying basis for governing the City's finances in the future; and (WHEREAS, these principles are crucial to assuring potential investors that investments in the City are safe as the City plans to reenter the bond market; and ,WHEREAS, the provisions of the Anti -Deficiency Act, currently located in Chapter 2 as Sections 2-1145 through 2-1145, are related to the guidelines being incorporated as the City of I Miami's Financial Integrity Principles and Policies, and as such I should be located 'in the Chapter of the City Code relating to "Finance"; ,NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference 11890 Page 2 of 11 thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended, entitled "Administration," is hereby amended by deleting named reference to an Article XII, entitled "Anti - Deficiency Act", and relocating the provisions identified as Sections 18-1145 to 18-1148 contained in said Article to Chapter 18, as new Article IX/Division 1, entitled "Financial Policies/Anti-Deficiency Act," as Sections 18-500 through 18-503. Section 3. Chapter 2 and Chapter 18 of the Code of the City.of Miami, Florida, as amended, entitled "Administration" and "Finance" respectively, are hereby amended as they relate to the relocation of the Anti -Deficiency Act provisions to Chapter 18 in the following particulars:l� "Chapter 2 ADMINISTRATION Article IV. Departments Division 11. Finance Department Sec. 2-467. Responsibilities of the director relating to the Anti -Deficiency Act. The director of finance shall be responsible for the provisions relating to the Anti -Deficiency Act, in sections 2 1=45 18-500 through 2 1148 18-503, as follows: �i 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. Page 3 of 11� Division 12. Management and Budget Sec. 2-497.1. Responsibilities of the director of management and budget relating to the Anti -Deficiency Act. The director of management and budget shall be responsible for the provisions relating to the Anti - Deficiency Act, as set forth in sections 2 1145 18-500 through 2 1148 18-503, as follows: Chapter 18 FINANCE Article III. Purchasing and Contracts Generally Sec. 18-72.1. Responsibilities of the chief ,procurement officer relating to the Anti -Deficiency Act. The chief procurement officer shall be responsible for the provisions relating to the Anti -Deficiency Act, set forth in sections 2 114S 18-500 through 2 118 18-503, as follows: Section 4. In addition to the amendments to Chapter 18 of the Code of the City of Miami, Florida;- as amended, as set forth in Section 2 hereinabove, Chapter 18 is hereby further amended by creating new Division 2, entitled "Financial Integrity Page.4 of 11 Principles," as part of new Article IX, and adding new Sections 18-540 and 18-541 in the following particulars:/ "Chapter 18 FINANCE Sec. 18-299 - 18-499. Reserved. ARTICLE IX. FINANCIAL POLICIES Division 1. Anti -Deficiency Act Secs. 18-504 -- 18-540. Reserved. Division 2. Financial Integrity Principles Sec. 18-541. Established• implementation; review; ' reports. Financial' Integrity Principles and Policies to assure and maintain financial integrity in the City of Miami are hereby established and shall be implemented immediately upon adoption of this Ordinance. The Financial Integrity Principles as set forth herein shall be reviewed and updated as necessary, at least every three years. The City's Internal Auditor shall be responsible for preparation of 'a written report to be transmitted to the Mayor and the members of the City Commission by July 1 of each year as to compliance with the principles and policies set forth in this Division. The report shall include recommendations for additional policies or actions, to be considered for action after reviewing .the latest annual audit and management letter comments. Sec. 18-532. The Financial Integrity Principles. The following Financial Integrity Principles are hereby adopted: 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. Q�(��{;j�,q('►� i.1 2J '1J Page 5 of 11 ® • 1. Structurally Balanced Budget -- The City shall maintain a structurally -balanced budget. Recurring revenues will fund recurring expenditures. Non-recurring revenues and budget surpluses shall replenish reserve levels support outstanding liabilities and pay for non-recurring expenditures in the order set forth herein. 2. Estimating Conference Process -- The City shall adopt budgets and develop its long and short-term financial and capital improvement plans containing estimates developed utilizing a professional estimating conference process. Conference principals shall include but not be limited to: one principal from the Budget office; one principal from the Finance Department and two non - staff principals with public finance expertise. 3. Interfund Borrowing -- The City shall not borrow or use internal fund transfers to obtain cash from one fund type or reserve to fund activities of another fund type or reserve unless such use is deemed lawful, and unless the Estimating Conference has determined that (a) the funds to be borrowed will not be needed during the lending period and (b) the funds for repayment will be available within a two-year period. Any actions taken to borrow funds under these conditions must be separately presented to and approved by the City Commission and the term of such borrowing shall not extend beyond the last day of the subsequent fiscal year. Recognizing that some programs are funded b grants or other entities on a reimbursement basis, the City shall apply for such reimbursements on a timely basis to minimize the period that City funds are used as float. In the event loans/float for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as receivables and noted as part of the annual budget process. 4. Reserve Policies -- The following three Reserve Policies categories are established:, (a) Current Fiscal Year Contingency -- A "contingences" reserve level of $1,000,000 shall be budgeted annually. Such contingency reserve shall be available for use, with City Commission approval, during the fiscal year, to fund unanticipated budget issues which arise or potential expenditure overruns which cannot be offset through other sources or Page 6 of 11 actions. This reserve level shall be replenished at the beginning of each fiscal year so it is available on an on-going basis. General Fund Undesignated Reserve -- The City shall retain undesignated reserves equal to 8% 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 adopt a repayment schedule providing for replenishment of these reserves within two fiscal years. ) Designated Reserves -- The City shall retain reserves equal to seven percent (7%) of the prior three years average of general revenues. Such reserves shall be used for funding long-term liabilities and commitments of the City such as: i. Uncompensated absences and other employee benefit liabilities ii. Self -Insurance Plan deficits (workers compensation, liability claims and health insurance) iii. Infrastructure to be funded on a cash basis iv. Strategic Initiatives (until completed) V. Blue Ribbon Commission Initiatives (until completed) Pavment for these specific purposes may be drawn from this reserve during the fiscal year and shall be replenished each year until the liabilities that adversely affect the City's balance sheet are fully funded. 5. Multi -Year Financial and Capital Plan -- The City Commission shall annually adopt a Financial Plan by September 30 of each year, in concert with the annual budget, which contains five years of financial forecast. Such plan will include cost estimates of all current city operations and Page 7 of 11 11890 pension obligations proposed capital outlay expenditures from the Capital Improvements Program ("CIP") anticipated increases in operations, debt service 7ayments reserves to maintain the City's officially adopted levels and estimated recurring and non-recurring revenues. The Plan will be prepared by fund and reflect forecasted surpluses or deficits and potential budget balancing initiatives, where appropriate. The capital improvement component of the Plan shall cover cost estimates for all necessary infrastructure improvements needed to support City services including information technology with an adequate re -air and replacement (R&R) component To the extent feasible, department heads shall be required to submit independent needs assessments for their departments for use in preparing the CIP. The plan will be detailed by fund, include recommended project prioritization rankings, identified revenue sources, planned financing options and unfunded projects. The CIP shall include a component. reflecting all on-going approved caiital projects of the City, the date funded amount budgeted, amount spent since the start date remaining budget, fiscal impact of known changes to financial assumptions underlying the project and estimated completion date. Approved projects, with circumstances that arise which change the funding requirements of the project shall be addressed in the CIP annually. 6. Financial Oversight and Reporting -- The City shall provide for the on-going generation and utilization of financial reports on all funds comparing budgeted revenue and expenditure information to actual on a monthly and year-to- date basis. The Finance Department shall be responsible for issuing the monthly reports to departments, the Mayor and City Commission, and provide any information regarding any potentially adverse trends or conditions. These reports should be issued within thirty (30) days after the close of each month. The annual external audit of the City shall be prepared and presented to the Mayor and City Commission within 120 days of the close of each ° fiscal year. 7. Basic Financial Policies -- The City shall endeavor to maintain formal policies, which reflect "best practices" in the areas of: Page 8 of 11 i. Debt -- .such policy shall address affordability, capacity, strategies for re- entering the bond market in the future, debt issuance and management. ii. Cash Management and Investments -- such policy shall require twenty-four (24) month gross and net cash-flow _projections by fund and address adequacy, risk, liquidity and asset allocation issues. iii. Budget Development and Adjustments -- such policy shall establish proper budgetary preparation procedures and guidelines, calendar of events, planning models by fund, budget adjustment procedures, establishment of rates and fees, indirect costs/interest income and the estimating conference process. The proposed budget should be scheduled to allow sufficient review by the Mayor and City Commission while allowing for sufficient citizen input. The Citv budget document reflecting all final actions as adopted by the City Commission on or before September 30 of each year, shall be printed and made available within thirtv (30) days of such adoption. iv. Revenue collection -- such policy shall provide for maximum collection and enforcement of existing revenues, monitoring procedures, and the adequacy level of subsidy for user fees. V. Purchasing Policy -- such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure the City departments adhere to the City's purchasing policies. 8. Evaluation Committees such committees shall be created, to the extent feasible, and contain a majority of citizen and/or business appointees from outside City employment` to review City solicitations (bids, "requests for proposals", etc.), contracts or contract amendments over $10,000 and all collective bargaining contract issues. The recommendations of the evaluation committee shall be provided to the Mayor and City Commission on all such contracts prior to presentation for official action. Page 9 of 11 11890 9. Full Cost of Service -- the City shall define its core services and develop financial systems that will determine on an annual basis the full cost of delivering those services. This information shall be presented as part of the annual budget and financial plan. 10. Promoting Operating Efficiencies -- the City shall develop programs and incentives to encourage operating efficiencies through -the use of technology, outsourcing, or any other curriculum." Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 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. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof." PASSED ON FIRST READING BY TITLE ONLY this 27tb day of January , 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY 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 10 of 11 11890 0 this _10th day Of February—, 2000. JOE CAROLLO, MAYOR In accordance with Miarni Code Sec. 2-36, since the Mayor did not indloate approvel of thl., legislation by signing it in the designated pace provided, s 8egislal,­ becomes effective with the elapseof ten (10) days fr the data os Col r.'Mlssi­ , ': urian regarding same, without the Mayor ex!gcisin ATTEST: owtWunw, ltllait Lxy Cierk WALTER J. FO CITY CLERY.00 APPR,� E'D A�YrORM ';ND CORRECTNESS :t po Vim TORNEY 2 9: BSS Page 11 of 11 1-41890 -n FROM 0 cIT I� cF i SECONDWEADING 9 INTER -OFFICE ORDINANCE The Honorable Mayor and Members of the : a Cit4aldWarshaw!!� on SUBJECT. --. . _: _ o - FI,cEs City Manager ENCLOSURES: RECOMMENDATION January 18, 2000 Financial Integrity Principles It is recommended that the attached ordinance identifying ten basic financial principles that will guide the City's financial practices in the future be approved. BACKGROUND At its November meeting, the State Financial Oversight Board asked the Administration to work with its staff and consultants to develop a set of financial principles that could be presented to the City Commission in January of this year. Reacting to concerns expressed by the rating agencies regarding the change in the form of government and its potential to adversely impact stability in the City, it was felt that a set of principles, formally approved by the Commission, could help to alleviate some of those concerns. Accordingly, during the months of December and January, the Administration worked with the staff of the FOB to develop a set of financial principles for your review and approval. The following are presented for your consideration: 1. Structurally Balanced Budget-- The City shall maintain a structurally -balanced budget. Recurring revenues will fund recurring expenditures. Non-recurring revenues and budget surpluses shall replenish reserve levels, support outstanding liabilities and pay for non-recurring expenditures, in that order. 2. Estimating Conference Process-- The City shall adopt budgets and develop its long and short-term financial and capital improvement plans containing estimates developed utilizing a professional estimating conference process. Conference principals shall include, but not be limited to: one principal from the Budget Office; one principal from the Finance Department and two non -staff principals with public finance expertise. 3. Interfund Borrowing-- The City shall not borrow or use internal fund transfers to obtain cash from one fund type or reserve, to fund activities of another fund type or reserve unless it is deemed a lawful use of such funds; the Estimating Conference has determined that the funds to be borrowed will not be needed during the lending period, and, funds for repayment will be available within a two-year period. Any actions taken FILE : 111890 to borrow funds under these conditions must be separately presented to and approved by the City Commission and the term of such borrowing shall not exceed the last day of the subsequent fiscal year. Recognizing that some programs are funded by grants or other entities on a reimbursement basis, the City shall apply for such reimbursements on a timely basis to minimize the period that City funds are used as float. In the event loans/float for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as receivables and reported in the Monthly Financial Reports. 4. Reserve Policies-- The following three categories are established: A) Current Fiscal Year Contingency-- A "contingency" reserve of $1,000,000 shall be budgeted annually. Such contingency reserve shall be available for use, with City Commission approval, during the fiscal year, "to fund unanticipated budget issues, which arise or potential expenditure overruns which cannot be offset through other sources or actions. This reserve level shall be replenished at the beginning of each fiscal year so it is available on an on-going basis. B) General Fund Undesignated Reserve--. The City shall retain undesignated reserves equal to 8% 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 adopt a repayment schedule providing for replenishment of these reserves within two fiscal years. C) Designated Reserves-- The City shall retain reserves of at least to 7% of the prior three years average of general revenues. Such reserves shall be used for funding long- term liabilities and commitments of the City such as: Uncompensated Absences & Other Employee Benefit Liabilities Self -Insurance Plan Liabilities (Workers Comp, Liability Claims and Health Insurance) Infrastructure Funded on a Cash Basis Strategic Initiatives* Blue Ribbon Commission Initiatives* *Until Completed Payment for these specific purposes may be drawn , from this reserve during the fiscal year and shall be replenished each year until the liabilities that adversely affect the City's balance sheet are fully funded. 5. Multi -Year Financial and Capital Plan-- The City Commission shall annually adopt a Financial Plan by September 30 of each year, in concert with the annual budget, which contains five years of financial forecast. Such plan will include cost estimates of all current city operations and pension obligations, proposed capital outlay expenditures 1 890 2 from the CIP, anticipated increases in operations, debt service payments, reserves to maintain the City's officially adopted levels and estimated recurring and non-recurring revenues. The Plan will be prepared by fund and reflect forecasted surpluses or deficits and potential budget balancing initiatives, where appropriate. The capital improvement component of the Plan shall cover cost estimates for all necessary infrastructure improvements needed to support City services, including information technology with an adequate repair and replacement (R&R) component. To the extent feasible, department heads shall be required to submit independent needs assessments for their departments for use in preparing the CIP. The plan will be detailed by fund, include recommended project prioritization rankings, identified revenue sources, planned financing options and unfunded projects. The CIP shall include a component reflecting all on-going approved capital projects of the City, the date funded, amount budgeted, amount spent since the start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project and estimated completion date. Approved projects, with circumstances that arise which change the funding requirements of the project, shall be addressed in the CIP annually. 6. Financial Oversight and Reporting—The City shall provide for the on-going generation of financial reports on all funds comparing budgeted, revenue ::and expenditure information to actual on a monthly and year-to-date basis. The- Finance Department shall be responsible for issuing these monthly reports to departments and the Mayor and City Commission alerting them to any potentially adverse trends or conditions. These reports should be issued within 30 days after the close of each month. The annual external audit of the City shall be prepared and presented to the Mayor and City Commission within 120 days of the close of each fiscal year. 7. Basic Financial Policies— The City shall develop and maintain formal policies, which reflect "best practices" in the areas of: A) Debt -- such policy shall address affordability, capacity, strategies for re- entering the bond market in the future, debt issuance and management. B) Cash Management and Investments -- such policy shall require 24 -month gross and net cash-flow projections by fund and address adequacy, risk, liquidity and asset allocation issues. C) Budget Development and Adjustments -- such policy shall establish proper budgetary preparation procedures and guidelines, calendar of events, planning models by fund, budget adjustment procedures, establishment of rates and fees, indirect costs/interest income and the estimating conference process. The proposed budget should be scheduled to allow sufficient review by the Mayor and City Commission while allowing for sufficient citizen input. 1189® 3 • C The City budget document reflecting all final actions as adopted by the City Commission on or before September 30 of each year, shall be printed' and made available within 30 days of such adoption. D) Revenue collection-- such policy shall provide for maximum collection . and enforcement of existing revenues, monitoring procedures, and the adequacy/ level of subsidy for user fees. E) Purchasing Policy-- such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure the City departments adhere to the City's purchasing policies. S. Contract/Solicitation Evaluation Committees-- such committees.. shall be created, to the extent. feasible, contain a majority of citizen and/or business appointees from outside City employment to review City, solicitations (bids, "requests for - proposals", etc.), contracts or contract amendments over $10,000 and all collective bargaining contract issues. The recommendations of the evaluation committee to be provided to the Mayor and City Commission on all such contracts before they are presented for official action. 9. Full Cost of Service - the City shall define its core services and develop financial systems that will determine on an annual basis the full cost of delivering those services. This information shall be presented as part of the annual budget and financial plan. 10. Promoting Operating efficiencies — the City shall develop programs and incentives to encourage operating efficiencies through the use of technology, outsourcing, and other applicable techniques. Further, the FOB felt that these principles should be implemented immediately and reviewed and updated as necessary, or at least every three years. In addition, the City's Internal Auditor shall be responsible for preparing a written report to the Mayor and City Commission by July 1 of each year on the City's compliance with these financial policies/principles and said report should include recommendations regarding additional policies or actions for. consideration after reviewing the latest annual audit and management letter comments. . If you have any questions, please feel free to contact me. DHWBWH C: Chair and Members of the Financial Oversight Board Julie Weatherholtz, Finance Director Luie Brennan, Interim Budget Director Alejandro Vilarello, City Attorney Maria Chiaro, Assistant City Attorney Victor Igwe, Internal Auditor Elvi Alonso, Agenda Coordinator 11890 • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11892 in the M-NXX...................... Court, pliblished 2 3 in s i newspaper 0 0 paper in the issues of t7 r 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, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -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 she has neither paid nor promised any"An, firm or corporation any discount, rebate, com- missio refund for Vie purpose of securing this advertise ment f r ublication i t e said newspaper. aV Sworn t a sub r' a before me this 23Fe ar 2000 ofA.D......... :..................... (SEAL) ...... !....Y...,� IA I. DESA Sookie Williams Pers vQ' . t#A0Q0MMISSION # CC 885640 • a EXPIRES: March 4 2004 Bonded Thru Notary Public UndsrNfiero NOTICE OA 9.0016 SED ORDINANCES All interested persons will take notice that on the. 10th of February, 2000, the City Commission of Miami; Florida adopted the following' titled ordinances --`r-' ORDINANCE NO. 11887 _ AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING"A SPECIAL REVENUE FUND ENTITLED, "LOCAL LAW ,ENFORCEMENT BLOCK GRANT IV PROGRAM," AND' AUTHORIZING EXPENDITURES FOR ITS OPERATION, IN THE AMOUNT OF $3,449,194, CONSISTING OF A GRANT FROM THE. U.S. DEPARTMENT OF JUSTICE; PROVIDING POR THE.APPROPRL4TIONS TO SAID FUND OF INTEREST. EARNED,. FROM FISCAL YEAR -1999-2000 AND FISCAL YEAR . 2006-2001; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO. EXECUTE ALL NECESSARY DOCU-' . MENT(S), IN•A FORM ACCEPTABLE TO'THE CITY ATTOR- NEY, FOR THIS,, PURPOSE,. AND. THE APPROPRIATION OF INTEREST FROM THE GRANT MONIES; FURTHER AU- THORIZING THE ALLOCATION OF.MATCHING FUNDS, IN- THE•,AMOUNT.:OF;-$383,244, FROM THE POLICE, DEPART-. MENT GENERAL OPEIBATING BUDGET ACCOUNT CODE NO. OOI000.290301.6.050; CONTAINING A REPEALER -PO' VISION AND A SEVERABILITY CLAUSE. ORDINANCE N0, 11888, AN ORDINANCE OF THE MIAMI CITY. COMMISSION ESTAB- LISHING A SPECIAL. REVENUE FUND. ENTITLED "BULLETPROOF VEST ' PARTNERSHIP GRANT,". AND AU- THORIZING EXPENDITURES; IN THE AMOUNT OF $14,000, CONSISTING OF A GRANT FROM THE O'S.'DEPARTMENT RTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,_ BUREAU OF JUSTICE_ ASSISTANCE; AUTHORIZING THE CITY MAN- AGER TO ACCEPT SAID GRANT AND. TO,'EXECUTE ALL NECESSARY DOCUMENT(S),•IN A FORM ACCEPTABLE TO THE CITY. ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION`AND•A SEVERABILITY'CLAUSE.. ORDINANCE NO: 11889 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND ING THE CODE OF' THE- CITY OF MIAMI, FLORIDA; AS AMENDED,.AND ANY ADOPTED ORDINANCES,.TO IMPLE- MENT THE AMENDMENTS,TO THE CHARTER-tADOPTED NOVEMBER 2,1.999; CHANGING THE TERM CITY MANAGER, WHERE IT APPEARS IN THE.CODE TO MAYOR, DELETING DUPLICATION; AN OTHERWISE: CONFORMING THE CODE - TO IMPLEMENT;, THE "STRONG' MAYOR -COMMISSION" 'FORM OF GOVERNMENT;. ESTABLISHING THE PRESIDING OFFICER OF THE COMMISSION; DELETING REFERENCES TO POSITION OF CITY MANAGER SIN, RETIREMENT BENE- F,ITS; DELETING SECTION 2 -37 -RELATED, TO THE.POSITION OF CITY MANAGER; :PROVIDING FOR -TRANSITION AND CONTINUATION.,OF- PRESENT CITY OFFICERS AND. EM- PLOYEES, LAWS, CONTRACTS AND,OBLIGATIONS;'CON- TAINING A REPEALER PROVISION AND PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE:,. ORDINANCE NO. AN ORDINANCE"OFTHE MIAMI CITY CSION AMEND- ING CHAPTERS -2 AND 18 OF THE CODE OF THE'CITY OF MIAMI, FLORIDA,' "AS AMENDED, :ENTITLED "ADMINI- STRATION" AND "FINANCE" TO -REMOVE PROVISIONS RE- LATING TO.THE ANTI -DEFICIENCY, ACTFROM-CHAPTER 2 AND RELOCATE SAME TO CHAPTER 18 IN NEW- ARTICLE IX ENTITLED "FINANCIAL POLICIES ,FURTHER AMENDING CHAPTER 18 TO SET FORTH FINANCIAL POLICIES AS THEY RELATE TO FINANCIAL INTEGRITY PRINCIPLES: MORE PARTICULARLY BY.(A) DELETING NAMED REFERENCE TO' AN ARTICLE XII IN,CHAPTER 2, (B) RELOCATING SECTIONS 2-1145 THROUGH 2-1148 TO CHAPTER 18, NEW ARTICLE IX/DIVISION "I AS SECTIONS 18-500 THROUGH 18-503, AND (C) CREATING NEW.,DIVISION 2 TO NEW ARTICLE IX, WITH SECTIONS 18-540 AND 187541;,CONTAINING A REPEALER I - PROVISION_ ANDASEVERABILITYCLAUSE., f ORDINANCE NO. 11891 AN ORDINANCE OFFTHE MIAMI CITY•COMMISSION AMEND- ING ORDINANCE NO. 11448, ADOPTED ON DECEMBER" 12,- 1996-MHICH ESTABLISHED INITIAL RESOU_RCES AND AP- PROPRIATIONS -FOR THE SPECIAL REVENUE FUND; ENTI— TLED "PARTNERSHIP FUND"; TO INCREASE APPROPRIA- TIONS TO THE FUND IN THE AMOUNT OF $25,000, SAID ` FUNDS RECEIVED AND ACCEPTED AS DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS; FURTHER AUTHOR- IZING THE EXPENDITURE OF SAID FUNDS FOR THE PRO- DUCTION OF COMMUNITY EVENTS AND IN-HOUSE PRO- ' GRAMS, INCLUDING THE PUBLICATION OF THE POLICE + DEPARTMENT'S ANNUAL;REPORT, SUBJECT TO COMPLI- IANCE WITH ALL CITY CODE PROCUREMENT PROCE= . DURES; CONTAINING A REPEALER PROVISION AND SEV- I ERABILITY.CLAUSE. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE TO IMPLEMENT THE AMENDMENTS TO THE CHARTER ADOPTED NOV. 2, 1999, ETC. in the ........... , XXXXX Court, wu nublishad an i; sa 6tMpaper in the issues of Ti Afflant 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, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -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 sh neither paid nor promised any person, f or co ration ny discount, rebate, com- missign or fund f _ purpos of securing this advertise- ������� /�' / 31 before me thlis0 0 0 /ay1u� r� �; (SEAL) Octelma V. Ferbeyre personally known to me. 0 A. NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading on February 10, 2000 commencing at 10:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. { AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A SPECIAL REVENUE FUND ENTITLED, "LOCAL LAW ENFORCEMENT BLOCK. GRANT IV PROGRAM,' AND AUTHORIZING EXPENDITURES FOR ITS OPERATION; IN THE AMOUNT.OF$3,449,194, CONSISTING OF,A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; PROVIDING FOR THE APPROPRIATIONS TO SAID FUND OF INTEREST EARNED FROM FISCAL YEAR 1999-2000 AND FISCAL YEAR 2000-2001; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCU- MENT(S), IN.A.FORM.ACCEPTABLE TO THE`CITY-ATTOR-. .NEY, FOR THIS PURPOSE, AND THE APPROPRIATION OF' INTEREST FROM THE GRANT. MONIES; ..FURTHER AU- THORIZING THE ALLOCATION,OF MATCHING FUNDS, IN THE-AMOUNT•OF $383,244,; FROM THE POLICE. DEPART MENT GENERAL OPERATING BUDGET, ACCOUNT. CODE NO. 001000.290301.6.050; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ' ORDINANCE NO. - - AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- ' LISHING . A.': SPECIAL' REVENUE FUND. ENTITLED .' "BULLETPROOF VEST PARTNERSHIP, GRANT,"' AND AU- THORIZING EXPENDITURES;: IN THE AMOUNT; OF $14,000; CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE,.; OFFICE OF JUSTICE PROGRAMS,, BUREAU OF JUSTICE.ASSISTANCE, AUTHORIZING THE. CITY MAN- .. AGER TO ACCEPT SAID GRANT AND TO: EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE.CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION ANDA SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND . ING ORDINANCE NO. 11418, ADOPTED ON DECEMBER,12, -1996; WHICH ESTABLISHED INITIAL RESOURCES AND AP- PROPRIATIONS -FOR THE SPECIAL REVENUE FUND, ENTI- TLED, 'PARTNERSHIP FUND"; TO INCREASE APPROPRIA- TIONS TO THE; FUND IN THE AMOUNT OF $25,000; SAID'., FUNDS RECEIVED AND ACCEPTED AS DONATIONS FROM. VARIOUS PRIVATE ORGANIZATIONS; FURTHER..AUTHOR- . IZING THE EXPENDITURE OF SAID FUNDS FOR.THE PRO- DUCTION OF ;COMMUNITY EVENTS AND IN-HOUSE PRO- GRAMS, INCLUDING THE PUBLICATION OF THE POLICE DEPARTMENT'S ANNUAL REPORT, SUBJECT TO COMPLI- ANCE WITH -ALL CITY CODE PROCUREMENT PROCE- DURES; CONTAINING A'REPEALER PROVISION AND SEV- ERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING THE CODE. OF THE CITY OF, MIAMI, FLORIDA, AS AMENDED, AND ANY ADOPTED ORDINANCES, TO IMPLE MENT THE AMENDMENTS TO THE CHARTER ADOPTED NOVEMBER 2,1999; CHANGING THE TERM CITY MANAGER WHERE IT APPEARS IN THE CODE TO MAYOR, DELETING DUPLICATION, AND OTHERWISE CONFORMING THE CODE TO IMPLEMENT THE "STRONG MAYOR>COMMISSION" FORM OF GOVERNMENT; ESTABLISHING THE PRESIDING OFFICER OFTHE COMMISSION; DELETING REFERENCES TO POSITION OF CITY MANAGER IN RETIREMENT BENE FITS; DELETING SECTION 2-37 RELATED TO THE POSITION- ` OF' CITY MANAGER; PROVIDING FOR TRANSITION AND CONTINUATION OF PRESENT. CITY OFFICERS AND. EM- PLOYEES, LAWS, CONTRACTS AND OBLIGATIONS; CON- TAINING A REPEALER PROVISION.AND PROVIDING FOR A SEVERABILITY. CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTERS 2,AND lid THE CODE OF THE. CITY OF MIAM, FT RI AMENDED, ENTITLED ."ADMINIS T,BATION" AND "FINANCE" TO REMOVE PROVISIND S RE- LATINC�`a ATI- E-rICIENCY ACT FROM CHAPTER 2 AND RELOCATE SAME TO CHAPTER 18 IN NEW ARTICLE IX. ENTITLED "FINANCIAL POLICIES FURTHER AMENDING CHAPTER 18 TO SET FORTH FINANCIAL POLICIES AS THEY RELATE TO' FINANCIAL INTEGRITY PRINCIPLES; MORE PARTICULARLY BY (A) DELETING NAMED REFERENCE TO AN ARTICLE°XII IN CHAPTER 2,.(B) RELOCATING SECTIONS ` 2-1145 THROUGH 2-1148 TO'CHAPTER 18, NEW.ARTICLE IX/DIVISION 1 AS SECTIONS 18-500 THROUGH 18-503, AND (C) CREATING.NEW DIVISION 2 TO NEW:ARTICLE IX; WITH SECTIONS a54 PAND 18-541; CONTAINING A.REPEALER PROVISION AND A SEVERABILITY CLAUSE. • ORDINANCE NO. 11892 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ OFFICERS" TO CREATE AND PROVIDE FOR THE APPOINT- MENT OF CITY ADMINISTRATOR; MORE PARTICULARLY BY ADDING NEW DIVISION 5, SECTIONS 2-161 AND 2-162, TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office sof the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday ithrough Friday, excluding holidays, between the hours of 8 a.m. and 5 1p.m. ' All interested persons may appear at the meeting and may be heard ,with'respect to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be considered. at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence ,upon Which any appeal may be based. i WALTER J. FOEMAN tr -cm M 4 CITY CLERK (#8237) 2/23 301 North Miami Avenue Room 150 Miami, Florida 33128-7788 :opies of the .petition shall .also served upon the United States )mey to the attention of: ALLYSON FRITZ Assistant U.S. Attorney U.S. Attorney's Office OF FLORIDA IN ADMIRALTY CASE NO: 99-03000 CIV -GOLD In The Matter Of: COMPLAINT OF ROBERT N. HAYS and PATRICIA S. HAYS FOR EXONERATION FROM OR LIMITATION OF LIABILITY TO THF PRPgQ9NT nF THE • . ORDINANCE NO.. AN ORDINANCE OF THE MIAMI CITY COMMISSION `AMEND- ING CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY -OF MIAMI, FLORIDA, , AS AMENDED, ENTITLED 'ADMIN- ISTRATION/OFFICERS" TO. CREATE AND PROVIDE FOR THE APPOINTMENT.OF CITY ADMINISTRATOR; MORE PAR- TICULARLY BY ADDING NEW DIVISION.5, SECTIONS 2-161 AND 2-162, TO SAID .CODE; CONTAINING'.A REPEALER PROVISION AND A SEVERABILITY CLAUSE;.AND`PROVID- ING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public, at the Office, of the City; Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through .Friday, excluding holidays, between the hours of 8 a.m. and 5 P:nit .... _ =. All interested persons may -appear at the meeting and may be heard' with respect to the proposed ordinances. Should any person desire to ap-' .peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim recons of the proceedings is rnade including all testimony and evidence upon which any appeal may be based. ' (CITY SEAL)WALTER J. FOEMAN CITY CLERK (#8227) 1/31 00-4-013146/18209M