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File ID: #15844
Resolution
Sponsored by: Commissioner Miguel Gabela
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING THAT FOR ALL
RESOLUTIONS OBLIGATING CITY FUNDS TO CITY CAPITAL PROJECTS MUST
IDENTIFY THE SPECIFIC FUNDING SOURCE AT THE TIME OF THE ADOPTION OF
THE RESOLUTION; PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION
SHALL NOT APPLY TO AN OFFICIAL ACT THAT MUST BE TAKEN TO DEAL WITH
AN EMERGENCY SITUATION AFFECTING THE PUBLIC HEALTH, WELFARE, OR
SAFETY OF THE PUBLIC; PROVIDING THAT THE CITY COMMISSION MAY WAIVE
THE REQUIREMENTS OF THIS RESOLUTION BY AN AFFIRMATIVE VOTE OF
THREE (3) MEMBERS OF THE CITY COMMISSION; PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0138
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15844 Final Action Date:4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING THAT FOR ALL
RESOLUTIONS OBLIGATING CITY FUNDS TO CITY CAPITAL PROJECTS MUST
IDENTIFY THE SPECIFIC FUNDING SOURCE AT THE TIME OF THE ADOPTION OF
THE RESOLUTION; PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION
SHALL NOT APPLY TO AN OFFICIAL ACT THAT MUST BE TAKEN TO DEAL WITH
AN EMERGENCY SITUATION AFFECTING THE PUBLIC HEALTH, WELFARE, OR
SAFETY OF THE PUBLIC; PROVIDING THAT THE CITY COMMISSION MAY WAIVE
THE REQUIREMENTS OF THIS RESOLUTION BY AN AFFIRMATIVE VOTE OF
THREE (3) MEMBERS OF THE CITY COMMISSION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") established its Anti -Deficiency Act, as codified in
Chapter 18, Article IX, Division 1 of the Code of the City of Miami, as amended ("City Code"), to
provide mandatory procedures to be used by Department Directors, the City Manager, City
Attorney, City Clerk, Mayor, Commissioners, and Executive Directors of agencies, authorities,
trusts, boards, or commissions funded in whole or in part by the City, with authority to direct
obligation or disbursement of City funds; and
WHEREAS, the City established its Financial Integrity Principles, as codified in Chapter
18, Article IX, Division 2 of the City Code, to assure and maintain financial integrity in the City;
and
WHEREAS, pursuant to Section 2-33(e) of the City Code, all resolutions and ordinances
except land use changes, zoning changes, board and committee appointments, and election
results shall be reviewed by the Office of Management and Budget for any fiscal impact prior to
placement on any agenda; and
WHEREAS, pursuant to Section 2-33(1) of the City Code, emergency resolutions or
ordinances adopted at special meetings of the City Commission to be reviewed by the Office of
Management and Budget for any fiscal impact; and
WHEREAS, pursuant to Section 4(g)(5) of the Charter of the City of Miami, as amended
("City Charter"), requires that when the Mayor vetoes a revenue item in the City's budget, the
Mayor is also required to veto an expenditure item in the same or greater dollar amount; and
WHEREAS, pursuant to Resolution No. 98-631 adopted on June 23, 1998, as amended
by Resolution No. 98-767 adopted on July 21, 1998, and as further amended by Resolution No.
03-1216 adopted on December 18, 2003, the City established the Finance Committee with the
power and duty to review and make recommendations on the City's Issuance of Debt
Obligations; Management of Outstanding Debt; Risk Management and Insurance;
Compensation, Benefits, and Pensions; Financial Matters; Debt Restructuring; Investments;
Financial Consultants; and all matters related to, allied with, or incidental to any of the foregoing;
and
WHEREAS, the City Commission has implemented the aforementioned financial and
fiscal management policies to ensure the financial and fiscal integrity of the City; and
WHEREAS, the City Commission finds that it is in the best interest of the City to require
that all resolutions obligating City funds to City capital projects must identify the specific funding
source at the time of the adoption of the resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission requires that for all resolutions obligating City funds to
City capital projects the resolution must identify the specific funding source at the time of the
adoption of the resolution.
Section 3. The provisions of this Resolution shall not apply to an official act that must be
taken to deal with an emergency situation affecting the public health, welfare, or safety of the
public.
Section 4. The City Commission may waive the requirements of this Resolution by an
affirmative vote of three (3) members of the City Commission.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
sndez, City Attor ey 4/2/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.