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HomeMy WebLinkAboutO-84-17AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 2-53 RELATED TO SUBMISSION OF THE BUDGET AND HEAR- INGS THEREON; REPEALING SECTION 2-54 REGARDING THE CONTENT OF THE BUDGET MESSAGE; AMENDING SECTION 2-55 TO CHANGE THE ORGANIZATION OF THE BUDGET FROM THE FINANCE COMMITTEE TO THE DIRECTOR OF FINANCE; REPEALING SECTION 2-56 REGARDING THE CAPITAL PROGRAM; AMENDING SECTION 2-57 REGARDING COUNCIL ACTION ON THE BUDGET; REPEALING SECTION 2-58 REGARDING COUNCIL ON THE CAPITAL PROGRAM; REPEALING SECTION 2-59 REGARDING PUBLIC RECORDS; REPEALING SECTION 2-60 REGARDING AMENDMENTS TO THE BUDGET AFTER ADOPTION; REPEALING SECTION 2-62 REGARDING ADMINI- STRATION OF THE BUDGET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, has determined that certain sections of Article IV of the Code of the City are outdated and not in com- pliance with the General Laws of the State of Florida, and that those Sections should be amended or repealed as specified herein, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: SECTION I That Section 2-53 of the Code of Ordinances of the City of Sebastian, now read- ing as follows: "Sec. 2-53. Submission of Budget; notice; hearings; adoption. The financial committee, not less than the first regularly scheduled meeting of the Council in August of each year, shall submit to the City Council a budget and an explanatory budget message setting forth recommended expenditures for the coming fiscal year, and the antici- pated revenues for said year, and recommending the millage to be fixed on City Ad Valorem taxes. The budget and budget message and all sup- porting schedules shall be a public record in the office of the City Clerk, open to inspection by anyone, and sufficient copies of the budget and the budget message shall be prepared for distribution to interested persons. At the meeting of the Council in which the budget and budget message are submitted, the Council shall determine the place and time of the Public Hearing on the budget, and shall cause to be published a notice of the time and place, not less than twenty (20) days before the hearing on the budget, which notice shall contain the essential details of the budget showing the amounts to be budgeted for each department, the anticipated revenues of the City, and such other essential information as the Council may direct to be included in the notice. At the time and place so advertised, or at any time and place to which such Public Hearing shall from time to time be adjourned, the Council shall hold a Public Hearing on the same at which all interested persons shall be given an opportunity to be heard for or against the estimates or any item thereof. After the conclusion of the Public Hearing, the Council may insert new items or may increase or decrease items of the budget, except those items re- quired for the payment of bonds, revenue certificates, and other obli- gations of the City; other statutory expenditures required by law, and the payment of any judgments against the City. If the budget should be increased by more than two per cent (2%) of the total appropriation as advertised, there shall be a further hearing on the proposed increase after publishing a notice stating the nature of the proposed increase and fixing the time and place for hearing thereon, which notice shall be published not less than five (5) days before the date of the hear- ing. Upon such further hearing, the Council may insert the additional item or items and make the increase or increases to the budget, pro- vided, the said increases are matched by anticipated revenue to an amount at least equal to such total proposed expenditures. The budget shall finally be adopted by a majority vote of the members of the City Council, which action shall be taken not less than ten (10) days prior to the end of the fiscal year. Upon final adoption, the budget shall be in effect for the coming fiscal year, and the several amounts stated therein as proposed shall be and become appropriated to the several objects and purposes therein stated." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2-53. Submission of Budget. The Mayor, not later than the first regularly scheduled meeting of the City Council in August of each year, shall submit to the City Council a budget and an explanatory budget message setting forth recommended expenditures for the coming fiscal year, and the anti- cipated revenues for that year, and recommending the millage to be fixed on City Ad Valorem taxes. Within 30 days of the receipt of certification of value of taxable property from the Property Appraiser, the City shall advise the Property Appraiser of the City's proposed millage rate, of its rolled-back rate pursuant to General Law, and the date, time and place at which a Public Hearing will be held to consider the proposed millage rate and the tentative budget. Said first hearing shall be in compliance with General Law." SECTION II Section 2-54 of the Code of Ordinances of the City of Sebastian, now reading as follows: "Sec. 2-54. Budget Message. The budget message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed finan- cial policies of the City for ensuing fiscal year, describe the im- portant features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues to- gether with the reasons for such changes, summarize the City's debt position and include such other material as the financial committee deems desirable." IS HEREBY REPEALED. SECTION III Section 2-55 of the Code of Ordinances of the City of Sebastian, now reading as follows: "Sec. 2-55. Budget. The budget shall ~rovide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except, as required by law or this charter, shall be in such form as the Council may re- quire. In organizing the budget the financial committee shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the pre- ceding fiscal year. It shall indicate in separate sections: (1) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments, and agencies in terms of their respective work programs, and the method of financing such expenditures. (2) Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure. The total of proposed expenditures shall not exceed the total of estimated income." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2-55. Budget. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year. It shall be in the form required by General Law with additions as may be required by the City Council. In organizing the budget the Mayor shall utilize the most feasible combination of expenditure classi- fication by fund, organization unit, program, purpose, activity, or object. It shall show comparative figures for actual and esti- mated income and expenditures of the current fiscal year and the actual income and expenditures of the preceding fiscal year. The total of proposed expenditures shall not exceed the total of estimated income." SECTION IV That Section 2-56 of the Code of Ordinances of the City of Sebastian, Florida, now reading as follows: "Sec. 2-56. Capital Program. (a) Submission to Council. The City Clerk shall prepare a~d submit to the Council a five (5) year capital program at least three (3) months prior to the final date for submission of the budget. (b) Contents. The capital program shall include: (1) a clear general summary of its contents; (2) a list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; (3) cost estimates, method of financing and recommended time schedules for each such improvement; and (4) the estimated actual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition." IS HEREBY REPEALED. SECTION V That Section 2-57 of the Code of Ordinances of the City of Sebastian, which Section now reads as follows: "Sec. 2-57. Council action on Budget. (a) Notice and hearing. The Council shall publish in one (1) or more newspapers of general circulation in the City or by posting in three public places in the City, the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than twenty (20) days after such publication, for a Public Hearing on the budget. (b) Amendment before adoption. After the Public Hearing, the Council may adopt the budget with or without amendment, which action shall be taken not less than ten (10) days prior to the end of the fiscal year. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except for expenditures required by law or for debt service or for esti- mated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The Council shall adopt the budget on or before the tenth day of the final month of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts approp- riated for the current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing year. Provided, expenditures in utility operations may be increased in the same ratio as the estimated income of such utilities is expected to increase over the income for the current fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed." IS HEREBY AMENDED TO READ AS FOLLOWS: "Sec. 2-57. Council Action on Budget. The City Council shall advertise and hold Public Hearings on the budget as required by General Law." SECTION VI That Section 2.58 of the Code of Ordinances of the City of Sebastian, now reading as follows: "Sec. 2-58. Council action on capital program. (a) Notice and hearing. The Council shall publish in one (1) or more newspapers of general circulation in the City or by posting in three (3) public places in the City the general summary of the capital program and a notice stating: (1) The time and places where copies of the capital program are avail- able for inspection by the public, and (2~ The time and place, not less than two (2) weeks after such publica- tion, for a Public Hearing on the capital program. (b) Adoption. The Council by resolution shall adopt the capital program with or without amendment after the Public Hearing and on or before the fifteenth day of the eleventh month of the current fiscal year." IS HEREBY REPEALED. SECTION VII That Section 2-59 of the Code of Ordinances of the City of Sebastian, now reading as follows: "Sec. 2-59. Public RecordS. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the City." IS HEREBY REPEALED. SECTION VIII That Section 2-60 of the Code of Ordinances of the City of Sebastian, which section now reads as follows: "Sec. 2-60. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the Clerk certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by resolution in accord- ance with the provisions of Section 3.15. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by such resolution authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next preceding that in which the emergency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the City Clerk that the revenues avail- able will be insufficient to, meet the amount appropriated, he shall report to the Council without delay, any remedial action taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficiet and for that purpose it may by ordinance reduce one (1) or more appropriations. Provided the City Council may be resolution direct the City Clerk or any standing com- mittee to file periodic financial reports relating to any City Department. (d) Transfer of Appropriations. At any time during the fiscal year the Clerk may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the City Clerk, the Council may be resolution transfer part or all Of any unencumbered appropriation balance from one department, office or agency to another. (e) Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reductions or transfer of appropriations authorized by this section may be effective immediately upon adoption." IS HEREBY REPEALED. SECTION IX That Section 2-62 of the Code of Ordinances of the City of Sebastian, now reading as follows: "Sec. 2-62. Administration of budget. (a) Work programs and allotments. At such times as the Council shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the required allotments of its appropriations by periods within the year. The Clerk shall review and authorize such allotments with or without revision as early as possible in the fiscal year. He may revise such allotments during the year if deemed desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to Section 5.09. (b) Payments and obligations prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Clerk certifies that there is a sufficient unencumbered balance in such allot- ment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obliga- tion in violation of the provisions of this division shall be void and any payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and he shall also be liable to the City for any amount so paid. However, except where prohibited by law, nothing in this division shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year,'provided that such action is made or approved by resolution." IS HEREBY REPEALED. SECTION X This Ordinance shall be effective immediately upon final passage. I HEREBY CERTIFY that the foregoing ordinance was finally passed by the City Council of the City of Sebastian, Florida, after Public Hearing thereon, on the ,1 ~.'.~day of ~ , 1984.