HomeMy WebLinkAboutO-08612ORDINANCES NO:
AN EMERGENCY ORDINANCE AMENIANO SECTION 1 of
ORDINANCE NO, 8378 PASSED AND ADOPTED odirebtk 7,.
197 6 WHICH MADE APPROPRIATIONS 6F' FEbEt At REVENUE
SHARING FUNDS POR THE FISCAL YEAR ENDING SEPT=
EMBER '10, 1977, TO INCLUDE FUNDS IN THE AMOUNT
OP $271,986 AS GENERAL FUND CONTRIBUTIONS, PRO-
MING.THAT IF.ANY SECTION,,CLAUSE, OR SUBS
SECTION SHALL.88 DECLARED UNCONDTITUTIONAL, IT
• SMALL NOT AFFECT THE REMAINING PRoVtsIONS,
REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES
IN'CONFLICT HEREWITH.
WHEREAS, the City Manager has prepared and submitted
to the City Commission a Plan for Expenditure of Federal Revenue
Sharing Funds for the fiscal year 1976-77, copies of the plan
having been advertised as required under the provisions of the
Fiscal Assistance to State and Local Governments Act (PL 92-512):
and
WHEREAS, provisions have been duly made by the City
Comission for Public Hearings on the proposed plan before the
City Commission as a Committee of the Whole and Public Hearings
thereon were held; and
WHEREAS, the City Commission has reviewed and amended
the City Manager's Plan for the Expenditure of Federal Revenue
Sharing Funds to include funds in the amount of $271,936 that
were previously encumbered for fire equipment in the 1975-76
federal revenue sharing ordinance, and has approved such amended
appropriations as herein set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Section 1 of Ordinance No. 8578,passed and.
adopted October 7, 1976 which made appropriations from .the
Federal Revenue Sharing Funds is hereby amended in the following
particul.ars:1
"Section 1, The following appropriations are made for
the carrying on of the municipal purposes of the City of Miami,
Florida, for the fiscal year 1976-77,'including the payment of
principal and interest on all General Obligation Bonds,
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./ Words stricken through shall be deleted, Underscored words constitute
' the amendment proposed, The remaining provisions are not affected
and remain unchanged,
0i0-6-0 ._.S erikii c e s
* * * •
7.4 Cotitt`ibution to General Lund $$1.699t 999 .$.$..1.$.11:,.006
* * * 1
'Total $16;797=99 $5..,98_►.d_
Section 2, If any Section, part of Section, paragraph,
clause, phrase, or fiord of this ordinance is declared invalid,
the'retnaining provisions of this ordinance shall tot be affecte
Section 3. All ordinances or parts of ordinances,
insofar as they are inconsistent or in conflict with the pro-
visions of this ordinance, are hereby repealed.
Section 4. The foregoing ordinance is hereby declared
to be anemergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property of
the City, and to meet appropriations made.
Section 5. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a four -fifths
vote of the members of the Commission.
PASSED AND ADOPTED this
ATTEST:
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED;
27th day o
January
' MAURIUERAF-FEAR
MAYOR
ERRE
1977.
' MIAMI fl t' V FtW
AiVb bMLY htdaFib
Ptabiixherl baily except Saturrlcyi 5ulttlay and;
t t gal l!0iir dyi
l�tiuirtii Lade Coaittyi E'fdrirld.
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ttilkiT1+ OF bAbE:
tietote the Undersigned authority personally ap•
eared Martha Drobnie, who on , oath say; that she
Is the . Y.P.; . Legal Ads of the r IAMi Review • and
Daily Record, a daily . (except Saturday, Sunday' and
Dade: Coulnty,yFlntida sthatpr, published the attached copyt fo dvdn
i'.
tisement,' being 'a Legal Advertisement or ttotIce In
the matter of
city of tiia;:}i r Florida
ORDlifrlttiCLS 8610 thru 861,1
In the .:::: Court,
• waa pUblished in Said newspaper In the Issues of
1 brtllrr 1 r 1977
Affiant further says that the said Miami Itovirw
and Daily Record iS a n^.v p;3i:;r' Ist:Eilish?d at !.!farm.
to -said Dade County, Florida, and that the said news.
'paper has heretofore bon -on 'cSntinoiol:•a_r rotdltitlhe,d in
said Dcde Cr unty. Florida+. each day (except SoturtiaY,
Sunday and t.rj,:d Wilde/0 end has born entered ns '
second ct ••s m:•il ni,tt•'•r at tne pn,t office in Mimi.
in cold ;lade County. Vitriol", for a period of one year
nett nt•rCrHir '• the f:rat pt:.`,rtrotirm of the r5ttnch'"d
copy of ,^.flv'rtisem''nt: and atfiaat f•:riher soya that
;he has r: tither raid nor {`romined any oar .on, firm
or crrp^,r•rti•+n, any .die^.aunt, tehats, comrnissinn tor
refund Or the purpose of 5+t:urinft this sClvertisement'
for publicrtinn In the said rewapaper•,
\
Sworn trii' and/subscribed bore r+). this
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Joserth Ft, C#rassie
City Manager
January 194 1911
F:LE
commission Action itecquii'ed to
Achieve Budget Modifications to
Sol Ve FY 7647 Budget problems
i-Ioward V, 0arVb DirectorDepartment of
Management Services
The City Manager on Decethber 16,197G; submitted to the City
Cohnmission the "City Managers Initial Pedurtions'to the
1976-77,budget Estimate." .This report' specifically detailed
the City Manager's recommendations to solve the.short-term
(FY 76-77) budget problems for..the City of Miami,
The initial purpose. for reducing the 1976-77 budget Estimate
was to provide 311% salary increases for all municipal employees
as a result of union negotiated salary increases for Police and
Fire personnel. It was projected that ,this; increase would cost.
the City $2,625,000 and would require each department to reduce
its budget by .4ta" . Department head' t,ere dire ctod to reduce
their budgets by 4`% to finance the salary adjustments. Upon
completion of departmental reductions, it was determined that.
the City would not' receivC .$1 millionin anticipated Florida
Power and:Light (FPL) franchise fees from one'to two and one-
half percent. Hence, the City was confronted with a S1 million
revenue shortage and a budget can of $3,625,000 instead of
$2,625,000.
It was determined„that an additional one percent reduction by
each department may berequired to close the new gap. All
department heads were informed of this new requirement and
directed to identify areas'for reduction.
The..general consensus was that the plan should be submitted
.without the additional one percent reduction. It was agreed
that the number of layoffs required is directly porportionate
to the time it takes before layoffs are implemented. In essence,
the longer the layoff.process is delayed, the greater the num-
ber of employees to be laid off., Hence, the Ulan was submitted
to the Commission requesting approval to reduce, departmental ,
budgets by 41f and informing them of the possibility. of a fur-:
ther one percent reduction.
The plan initially submitted to the CortriSsiOn identified the
budget gap as'$3,t;25,000. It Was recommended that $327,7.72 of
Unrestricted Unallocated funds be utilized to reduce the gap to
$3,297)228s it should be noted that the plan also requested the
use of $461,729 in Unrestricted Unallocated funds to finance the
bchoc;l Resource Officer Program. Funding for this, ptogram Was
initiall/ included in the 9 6=77 Budget Bstirlate as an appropri.,
ation in Ehe Police Departments However) the Commission defetred
action on this ptograth and funds for same were ttansferted to
the Unrestricted Unallocated portion of the Budget Estititate,
Therefote, the ihclusion of this prograti in the budget is simply
a teallocation of funds from Unrestricted Unallocated to its
original sources
To achieve further reductions ih the adjusted budget gap of
$3,297)228, the report detailed proposed reductions ih depart-
Mental budgets,. These reductions totalled $2,901,037, thereby
resulting in,a budget gap of $396,191,. _.
The City Commission was informed that further budget modifica-
tions would have to be made to close theremaining gap of.
$396,191., It was poi.hted out that an additional one percent
reduction in departmental budgets May be necessary,
After submission and approval of the City Manager's proposals to
reduce the budget gap, a number of problems occurred, Firstly,
it was determined that $274,010 in Countercyclical (AntiRecession)
Revenue Sharing funds, which were anticipated in the FY 76-77 bud-
get, were utilized asmiscellaneous .revenues to balance the
FY 75-76 budget. Hence, our budget: gap was no longer $396,191,
but $670,201.
Secondly, we were informed that the State Legislature in 1969,
provided local., governments an option to assess an additional' -
dollar court cost in all. cases adjudicated, except parking, to
establish a fund to train and educate law enforcement officers.
In . FY 75-76, Metropolitan: Dade County adopted Ordinance' No. 751.8
implementing such an assessment, and the. City of Miami received
$92,691 for its police training. -program. However, -during the
closing of the'1975-76 accounting records, these funds were
utilized to balance the books as though they were miscellaneous
revenues. These funds can only be used for police training, and
therefore, provisions must be made to replenish this,account..
As a result of this requirement, the budget gap increased from
$670,201 to $762,892.
Thirdly, the City has made numerous commitments for which no
appropriations have been made; namely, (1) to 'increase the City's
contribution to the Greater t•,iami Traffic Association by'S10,000,
(2) to finance facility usage fees for various organizations that
are not eligible for fee waivers, and (3) to finance other
activities and purposes deemed important to the City of Miami.
The total cost to finance' facility usage fees and other activities
for'FY 75-76 was.$68,521 68.
The past practice has been to utilize the Contingent F'uhd for
these cothmitmentseHowever, the inteht of the Cohtingeht Fund
is hot to finance routine and oh -going colt itnents of the City
Of ttiati that could have been planned and prograrin d during
the budgetary process, but rather to finance unforeseeable and
unpredictable activities deetned important to the well=being of
the City:.
The cost of these commitments Wasprojected to be $100,000)
Which increased the budget gap from $762)892 to $862)892,
The Department of Management Servicesbegan an investigation into
the reasons Why Couhtercyclical:Pevehue Sharing and Police Train-
ing funds were used to balance the F"Y 75-76 budget instead of
the $1,09i,582 in F'Pb franchise funds reserved for this partic-
ular purpose. During out 'investigation, it was discovered that
hone of the $1)091,582 had been used to close the FY 75-76 bucde
get, Therefore, it Was recommended that these funds be used to
close the $862,892 gap, leaving a balance of $228,690.
In summary of the problems and proposed solutions,' the following
audit trail is presented:
Problem I: Funding requirements
for 311% salary adjustments. $ 2,625,000
B. Problem 2: Loss of Telephone
Franchise revenue anticipated
in FY 76-77 Budget. 1,000,000
Adjusted Gap,
Partial Solution as submitted
in the City Manager's report..
Proposed reduction: utilize
Unrestricted Unallocated funds
as 'a miscellaneous revenue.
E. Adjusted Gap as submitted to
Commission in the "City Manager's
Initial Reductions to the 1976-77
Budget Estimate."..
F. Partial Solution as submitted
in City Manager's report:
utilize savings from 411%
departmental reductions.
$ 3,625,000
(327,772)
$ 3,297,228
(2,901,037)
396,191
probieTh 3: Loss of Counter
cyd.iiha1 Revenue. Sharing which
Was Used_to balance FY 75=76
'budget.
I. Adjusted Gap,
��. Problem 4: Restore Police Train-
ing funds Which Were used to..
:balance.FY 75-76 budget.
Adjusted Gap.'
L: Problem 5: Additional funding
regUirements for Special Pro_
grams and Accounts.
M. Adjusted Gap.
N. Solution:utilize Florida Power
and Lightfranchise funds which
were reserved for the anticipated
deficit in the FY 75-76 budget.
O. Balance to be placed in Unre-
stricted Unallocated Fund for
future use.
6/0,201
92 , 69A
762,892 .
(1,091►582)
(228,690)
The City Commission on -December 16',.1976, adopted Resolution No.
.76-1167, accepting the' the,"City Manager's.initial Reductions to
' the-1976-77,Budget Estimate.": However, to implement those recom-
mendations 'and the additional, recommendations as stated above,
official modifications must be made to the ,'Adopted Budget. Some
modifications can be accomplished administratively by the City.'.
Manager and,others require official City Commission action.
Pursuant to Ordinance No., 8589,' Section 9, dated November 11,
1976, the City Manager is authorized to modify the budget in
accordance with the following:
"...make'transfers between the detailed accounts
...in'order that available and unrequired balances
in any such amount may he used for other necessary
.and proper purposes and transfer hetween any of
the amounts appropriated by the ,above sections.
In order to effectu'ate'alary adjustments and
other appropriate financial adjustments, the City.
Manager is further authorized to make departmental
and other transfers from and into the Reserve
Employee 'Adjustments Account of Special Programs_
and Accounts, or.- such other reserve accounts estab-
lished therein by the' City Manager or City Com-
mission, ' in' the General Fund and is authorized.to
Pa ge 4 of 6
approve trahsfors of rhtragoVYrnrn'ntal SekVice
Funds and Public Facilities Funds as stay be
regUirerl, ►'
lh accordahce with the authority vested in the City Manager by
this sectioh of the ordinanra, the following departmental reduo,-
tiotis Will be trade and trap_ feted to Special Programs and Accounts
for Ftmployee Adjustments. These adjustments coincide with the
$2001,037 departmental reductions, itoweVer► $372,313 of the
$2,501,03, are revenue adjustments and require official Commission.
action,
1, City Clerk $ 5,395
2. Law 33,177
3, City Manager 22,306
4, city Mgr, _ Conn. Affairs 6,142
5, Managetnent. Services 35,133.
6, Finance 50,453
7. HumanResources- 31,044
8. Police 913,260
9, Fire 296,722
10, Communications 92,452
11, Sanitation 653,738
12. Public Works 49,044
13. Parks and Recreation 213,314
14, Building 61,351
15. Planning 3,100
16. Planning &:Zoning Admin. 1,000
17. Planning & Zoning Boards 1,345
18. Special Programs & Accounts 59,748
a). Fire Holiday.. Fay $23,087
b) Sanitation Holiday Pay 36,661,
Total Administrative difications
$2,528,724
Official actions required by the City Commission areincluded in
the attached legislations. The necessity for these actions are
governed by the Charter and Code of Laws of the City of Miami,
Florida, specifically Sections 32, 33, and 34 which state that:
"Upon request of the city manager the commis-
sion may transfer any part of an unincurnbered
(sic) balance of an appropriation to a pur-
pose or object for which the appropriation
for the current year has proved insufficient
... " Section 32
"Any accruing revenue of the city, not appro-
priated as hereinbefore provider: and the
Pry 5'of 6'
balance tit any time t era i n i ttq a tter the pur-
poses of an appropriation shall tttt+l-e been
s. t.i_•sfi>:i.l or rebant:lon.,..1, may frorl tints to
tine bc9, appropriated by the comMissio lc
such uses as Will not c:onf l i1 ct with any uses
for which specifically such revenue ac-
crued." Section 33 I
"No Money shall be drownfrom the treasury
of the cityt tuir Milli any obligation forthe
trXpehdl.tute of honey be ifii•tlt.'ti'dt eXce:•pt. 011r
siiant to appropriations made.: by thecommis-
sion.,,, At the close of each fiscal year the unincutabered (sic) balance of each appro-
priations itions shall revert to the fund from which
it Was appropriated and shall be subject to
future appropriations,..." Section 34
In view of the urgent need for the City of Miami to have a tnat:s_-
tnettt and financial plan for PI' 76-77p it is requested that the
attachud legislations be incluiccl in the ayt?nda for the January 27
1977 City Commission meeting.
It should be nototl that furtl;rr budget rtudifi.cations within cl., ort-
tnen t.t l budgets will tI'' r:eC'4!ss ;' as thy.! . layoff . process runs its
full course ana as we dot rmi t.' Lhe effect of priori years; tax cc' -
iect: i on.; on the 1'educt 1 rm 1st oa'' t x b le value.
CC:
George Knox, CitT,Attorney
t'a(t_, G of 6
ORnit;ai,CES tO.
8612
Atd ERERGENCY• ORDINANCE Ar F,notno SECTION 1 OP
OItOINA 3CE O .•857 a PASSEL) Ai .3 APOPTEI) OCTOO8tt 1,
1976 WHtCIi t•IAPE APPROPRIATtO'A RT I NUE
SHARING FUt•it)S FOR•TO.E .FISCAL YEAR ENbIt4C 88PT-
Eti$T R 30, 1977, TO .mops In THE AMOUNT
OF• $271, 986 AS GENERAL FUND CO;+t'.IE,t1TIC)IIS, PRC)
VIOING THAT IV A1Y'SECTION, CLAUS, OR SU8 •
SECTt.Ott SHALL 13E DECLAP.ED UNCOOTITOTI.ONAL, IT
SttALL.• CBOT AFFECT THE R • AIi'1ING•PR.0 %tSIONS
REPEALING ALL OPWINAI` CES, Oa PARTS OF OROINAtJCES
IV . CON LILT . R t4I TI ,
t'tHERtEAS, the City Manager has prepared and submitted
to the City Commission a Plan for Expenditure of Federal Revenue
Sharing Funds for the fiscal year 1976-77, copies of the plan
having been advertised as required under the provisions of the
Fiscal Assistance to State and Local Governments Act (PL 92-512);
and
WHEREAS, provisions have been duly made by the City
Co«ission for Public Hearings on the proposed plan before the
City Commission as a Co:^mittee of the Whole and Public Hearings
thereon were held; and
WHEREAS, the City Commission has reviewed and amended
the City Manager's Plan for the Expenditure of Federal Revenue
Sharing Funds to includes funds in the amount of $271, 986 that
were previously encumbered for fire equipment in the 1975-76
federal revenue sharing ordinance, and has approved ;such amended
appropriations as herein
forth;
NOW, TNERE OI1Z, P.E IT ORDAINED BY THE COS•.:! SSIO_, 7.
THE CITY C)F MIAMI, FLORIDA:
Section. 1 Sc:c.V.io: 1 of O_dini! 't r 1 and
.LClUL)t.c!1 October 7, 1976 Ii tee ,1,ipropritl.o't tram t:he
1 �' 1 'e S} , Funds i hereby �'c��._,.a l.c ,�.nu: r t:�i-�.tl�, f't nd., �s 1,�.+.c?•,= a:^..t,n'cci in the foil
1
par;iculnr.s:
• "Sect Loil• 1, •T7“e•l.o!io'.t'inq appro?r$ at. or ; are. i.a f 6r
t'h cal.r2';.':vvj on :of t-h t171nlgip ll ::a. f:. ' of •ntam ,
F1 t i.u.:;1, r:►..sc:1l. '1976
E�(' 1..Ljhl i14�:1 ?n orccii on i111 CeneraC) 1'!' .y:'lt l�il• jiC)i1Ct 3,
x
•
a/ ,lord{; t.i7j :1.or1•through b3
prnpo cf. • .rc;" i I?;),.:ly llo t•of rc c t:3d•
�.!!lCf 1.:Cn 3Lfl-billC'h1llc{+3(f
Muft :cipal 1etvi es
7, Contribution to Genera. rund $$ 600 094 $8,45711986
is * * ils ..
• Total '-$1g; 49 ; 969
Section 2, If any Section, part of Section, paragraph)
clause; phrase, or Lord of this•ord stance is declared itiva1id,
the remaining provisions. of this ordinance shall not be affected.
Section 3• All ordinances orparts of. ordinances,
insofar as they. are. inconsistent or in conflict with the pro=•'
• visions of this ordinance, are hereby repealed,
Section 4. .The foregoing ordinance is hereby declared •
tobe an emergency measure on the ground -of urgent public need
• for• the preservation•of peace, health, safety• and property of
the City, and•to meet •appropriations made.
Section..•5.• The requirement of reading this ordinance••on
• two separate .days is hereby dispensed with by a. four -fifths•
•vote of• the members of• the. Commission.
• PASSED AND ADOPTED this • 27th day Of January•
, 1977.
MAURICE A. FERRE
MAYOR
A'TI STr
RALPH G. ONGLE
CITY CLERK
PREPARED ANI)•APPFtOVE0:
i✓f
J O l &T F. CLERK;
A,i:;tnnt: City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
(��+��++_ ` ((,, fi�rr..:.. ,._ //, ..
GEO,T.(C . r K to-1,, 4 x
QQITY ATTORNEY
IItlt%icipal. 5erv.ie s
*
Contr.ibutioti to Cetie al•Fund. $8 6A9 99
• * r i'r :`r
Total -$18 91 999 $1.5,9784986
Section 2, 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 3 All ordinancesor parts of ordinances,
insofar
visions
as they are inconsistent or in conflict with the pro-
of this ordinance, ate hereby repealed.
Section 4. The foregoing ordinance is hereby declared
to be an emergency Treasure on the ground of urgent public need
for the preservation of peace, health, safety and property of
the City, and to meet appropriations made:
Section 5. The requirement of reading this ordinance on
two separate days is hereby dispensed 'with by a four -fifths
vote of the members of the Commission.
PASSED AND ADOPTED this 27th day o f Tanuary 1977.
• PREPARED. AND AP1? OVER ;
MAURICE A. FERRE
MAYOR
C.tARi ,
•Ate s it:: tint: City Attorney.
;7lAPPROVE AS TO FORM AND CORRECTNESS: CT�ESS; r
t ;fin-
s. ,��r['r a1T f�
1..c1'��i1r4�7! p s T elf x i
Q� Y \T#QRNEY