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Ordinance
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Miami, FL 33133
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File Number: 03-0279 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE IX/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY
ACT" TO REQUIRE THATA REQUEST FOR PROPOSALS BE ISSUED TO
SOLICIT, BOTH REGIONALLY AND NATIONALLY, QUALIFIED FIRMS TO
PROVIDE EXTERNAL AUDITING SERVICES TO THE CITY, WHICH SERVICES
SHALL BE PERFORMED ON A MANDATORY FIVE YEAR ROTATION BASIS;
MORE PARTICULARLY BY AMENDING SECTION 18-502(13) 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/Division 1 of the Code of the City of Miami, Florida, as
amended, entitled "Finance/Financial Policies/Anti-Deficiency Act" is further amended in the
following particulars:{1}
"Chapter 18
FINANCE
Article IX. Financial Policies
Division 1. Anti -Deficiency Act
Sec. 18-502. Procedures and Implementation.
The procedures set forth herein apply where a continuing ordinance or resolution of the city
commission which specifically directs an expenditure of funds, and identifies a source of funds to
increase the obligation/expenditure authority has not been enacted, extended, or renewed by the
city commission to provide temporary obligational authority. Notwithstanding the adoption of an
ordinance or resolution by the city commission expending funds, any ordinance or resolution which
exceeds an approved departmental or agency budget may be considered voidable and shall be
placed on the next regular city commission agenda by the city manager or executive director for
budget approval and adjustments as deemed appropriate. Nor may any individual in authority
instruct an employee of the city to exceed, without legal authority, the annual budget appropriation
for any department or agency. This following Anti -deficiency Act is hereby enacted and
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regulations set forth as follows:
(13) The city manager shall present monthly, except during the month of
September, a written report on the status of the city budget at a city
commission meeting. The executive directors of all agencies shall each
present quarterly, except during the month of September, a written
report on the status of the individual agency's budget at a city
commission meeting. At a minimum, this report should generally
include, but not be limited to, the following information in a form
acceptable to the city commission: fund summary, revenues by category
and expenditures by major object, revenues by category and
expenditure by department, or revenues by minor
object-recurring/non-recurring, expenditures by minor
object-recurring/non-recurring, revenues by minor object -recurring,
revenues by minor object -non -recurring, expenditures by minor
object -recurring, expenditures by minor object -non -recurring, bank
reconciliation memo, cash positions for all funds, investments
outstanding as of the preceding month, cash received year to date, cash
received for the current month or preceding month, human resource
personnel reports, including computation which details sworn or
unsworn personnel. The city external auditor shall present the
comprehensive annual financial report or status thereof no later than the
end of the second quarter of each fiscal year. The external auditors
engaged by the individual agencies shall each present the agencies'
comprehensive annual financial reports or status thereof no later than
the end of the second quarter of each fiscal year. A request for
proposals shall be issued to solicit, both regionally and nationally,
qualified firms to provide external auditing services to the City, which
services shall be performed on a mandatory five year rotation basis.
*
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.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
Footnotes:
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{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.
{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.
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