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HomeMy WebLinkAboutR-99-0396W t J-99-468 5% 2 8 j 9 9 RESOLUTION NO. 9 v~ 396 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER PURSUANT TO THE REQUEST OF THE FINANCIAL EMERGENCY OVERSIGHT BOARD TO DEVELOP POLICIES AND PROCEDURES, WHERE APPROPRIATE, TO ASSURE THAT THE PRINCIPALS SET FORTH IN THE ANTI -DEFICIENCY ACT BE APPLIED TO BOARDS, COMMISSIONS, OR AGENCIES FUNDED IN WHOLE OR IN PART BY THE CITY COMMISSION. WHEREAS, Chapter 2, Article XII, Section 2-1145 of the Code of the City of Miami, Florida, as amended, established the Anti -Deficiency Act (the "Act"); and WHEREAS, the Act sets forth regulations to ensure that department directors with authority to direct obligation or disbursement of City funds do not expend funds in excess of those which have been approved in an adopted budget; and WHEREAS, the Act also provides for mandatory procedures to be used by department directors, the city manager, city attorney, city clerk, mayor and commissioners; and WHEREAS, the Act assures by its terms and in principal that no City department exceeds its budget authority; and WHEREAS, the City Commission wishes to extend the principal of such assurance to boards, commissions, and agencies which have the ability to obligate the City financially and which are created and funded either in whole or in part by the City CM CO USSION KEEMG OF JUNQg1q9 Revolurion No. 99- 396 Commission; and WHEREAS, the Financial Emergency Oversight Board has indicated that implementation and acceptance of the outlined procedures is a condition of its approval of the mid -year amendment of Ordinance No. 11796 to the Annual Appropriations Ordinance. WHEREAS, the Act includes mechanisms and procedures specific to the manner in which the City of Miami operates and which may not be specifically transferable to an entity under a separate financial system such as a board, commission or agency; and WHEREAS, the City Manager has the ability to develop procedures to assure that such boards, commissions, and agencies comply, in principle and spirit, with the provisions of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby directed pursuant to the request of the Financial Emergency Oversight Board to provide policies and procedures, where appropriate, to assure that the principal set forth in the Anti -Deficiency Act be - 2 - %1- �9V 99- 1 C applied to boards, commissions and agencies funded in whole or in part by the city commission. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 8th day of June , 1999. JOE CAROLLO, MAYOR kk 8=rdance with Miami Code Sec. 2-36, since the Mayor did not Indicate approv4l of ft motion by signing it in the designated bps effective with the elapse of ten (10) dayspuce provided, said f©c3islation nom the to of Com icn ar.Y;cn same, without the Mayor rcisi o ATTEST: W''It r j i an. City Clerk WZ1T.'PRA .T V 11WMATIT - TNESS t- �� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 99- 396 L CITY OF MIAMI, FLORIDA 29 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the DATE: May 28, 1999 FILE: City Commission _ SUBJECT: Anti -Deficiency Ordinance / Applicability FROM: Donald H. Warshaw REFERENCES: City Manager ENCLOSURES: BACKGROUND Currently, there are agencies with the ability to obligate the City financially though they operate independent of the City's financial system. This independence, in effect, does not allow for financial reviews performed on a monthly basis by City staff. The State Financial Oversight Board deemed this to be a structural weakness and has asked the City to reaffirm its intent to have the basic principles of the Anti -Deficiency Ordinance apply to any agency with the ability to obligate the City financially. RECOMMENDATION Staff recommends that the City Commission approve the attached resolution and that staff be directed to develop procedures to facilitate ongoing communication regarding the financial status of these agencies. 89- 396 n