Miami-Dade Legislative Item
File Number: 121508
   Clerk's Official Copy   

File Number: 121508 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-62 Control: County Commission
File Name: UNINCORPORATED MUNICIPAL SERVICE AREA FUND BUDGET Introduced: 7/19/2012
Requester: County Manager Cost: Final Action: 9/23/2010
Agenda Date: 9/23/2010 Agenda Item Number:
Notes: amended version to 102198 Title: ORDINANCE APPROVING AND ADOPTING THE UNINCORPORATED MUNICIPAL SERVICE AREA FUND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A SHORT TITLE; INCORPORATING THE 2010-11 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET CHARGES, AUTHORIZING FEES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; RECOGNIZING AND CONTINUING THE UNINCORPORATED MUNICIPAL SERVICE AREA; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE CERTAIN FUNDING AGREEMENTS; SUPERSEDING PRIOR ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND PROVIDING AN EFFECTIVE DATE (SEE ORIGINAL VERSION UNDER LEGISTAR NO. 102198)
Indexes: UNINCORPORATED MUNICIPAL SERVICE AREA FUND BUDGET
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/23/2010 ITEM D AMENDED Adopted as amended P
REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance as amended into the record. Hearing no further questions or comments, the Commission voted to adopt the foregoing propose ordianance. It was moved by Commissioner Sorenson that the foregoing proposed ordinance be adopted as amended pursuant to the County Manager's memorandum dated September 23, 2010 and correction of scrivener's errors. This motion was seconded by Commissioner Rolle, and upon being put to a vote, passed by a vote of 8-5 (Commissioners Barreiro, Edmonson, Heyman, Jordan, Rolle, Siejas, Sorenson and Chairman Moss voted "Yes") (Commissioners Gimenez, Martinez, Sosa, Souto and Vice Chairman Diaz voted "No"). (Note: The foregoing ordinance was adopted on Friday, September 24, 2010).

Legislative Text


TITLE
ORDINANCE APPROVING AND ADOPTING THE UNINCORPORATED MUNICIPAL SERVICE AREA FUND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A SHORT TITLE; INCORPORATING THE 2010-11 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET CHARGES, AUTHORIZING FEES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; RECOGNIZING AND CONTINUING THE UNINCORPORATED MUNICIPAL SERVICE AREA; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE CERTAIN FUNDING AGREEMENTS; SUPERSEDING PRIOR ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND PROVIDING AN EFFECTIVE DATE

BODY
BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. This ordinance shall be known and may be cited as the "2010-11 Miami-Dade County Unincorporated Municipal Service Area Budget Ordinance".
Section 2. Pursuant to Section 5.03(B) of the Home Rule Charter, the County Mayor has recommended a proposed budget for the Unincorporated Municipal Service Area of Miami-Dade County, Florida, for the fiscal year commencing October 1, 2010. Said proposed budget document as submitted to the Board of County Commissioners (“Board”) is incorporated herein by reference and is amended to include all of the applicable changes contained in the September 13, 2010, memorandum from the County Manager entitled “Information for First Budget Hearing – 2010-11 Proposed Budget” and the September 23, 2010 County Manager’s memorandum entitled “Information for Second Budget Hearing-FY 2010-11 Proposed Budget” as further amended: (1) to include the changes read into the record by the County Manager and the Director of the Office of Strategic Business Management, including amendments to restore five administrative positions to the Department of Housing and Community Development and to fund extra mowing to the Public Works Department by reallocating $500,000 used to fund the pilot Foreclosure Program described therein; (2) to establish the “Save Our Seniors – Homeowners’ Relief Fund” per the motion adopted by the Board, including statements regarding mid-year reconciliation made by the Director of the Office of Strategic Business Management; (3) per the motion adopted by the Board, to condition the release of $2,765,876 of $7,200,000 Public Health Trust operating funds allocated to Foundation Health Services until release is approved by this Board; and (4) to amend the Community-Based Organizations’ percent and funding allocations noted on typewritten page 6 of the County Manager’s Second Memorandum to decrease the Criminal Justice category from 15.4 percent to 12.4 percent for a total of $298,000 and reallocate same to the Immigrant/New Entrants category per the motion adopted by the Board.”
Section 3. The Unincorporated Municipal Service Area budget, including the five-year financial plan contained therein, is hereby approved and adopted, and the budgeted revenues and expenditures therein are hereby appropriated. Department expenditure allocations established by the County Mayor as revised and summarized in the attached budget are adopted as limitations of all expenditures, except as hereinafter provided; and appropriations have been hereby provided for outstanding indebtedness for the payment of vouchers that have been incurred in the current or prior year, but are not expected to be paid until the commencement of the new fiscal year. Receipts from sources not anticipated in the attached budget may be appropriated and expended by ordinance duly enacted by the Board in accordance with Section 129.06(2)(d), Florida Statutes, and Section 1.02(A) of the Miami-Dade County Home Rule Charter. Adjustments within the same fund to departmental appropriations made in the attached budget may be approved from time to time by motion duly adopted by the Board in accordance with Section 129.06(2)(a), Florida Statutes and Ordinance No. 07-45, as amended. The Director of the Office of Strategic Business Management is authorized to approve adjustments to expenditure code allocations within the limit of the departmental or other appropriations made in the attached budget. All adjustments made in accordance with this ordinance are approved and ratified.
Section 4. Pursuant to the authority of Chapter 8015, Special Acts of Florida, 1919, which authorizes the Board of County Commissioners of Miami-Dade County, Florida, to borrow money and to issue time warrants, and pursuant to the authority of Section 129.02(5), Florida Statutes, which permits funds of the County to be invested in securities of the federal government and of the local governments in Florida, or both, the Finance Director is hereby authorized to invest these monies in the time warrants of Miami-Dade County, Florida. Section 5. As provided in Section 5.03(C) of the Home Rule Charter, the Board hereby authorizes the transfer of any portion of the earnings or balance of the several funds, other than sinking funds, for obligations not yet retired, to the general funds of the County provided that such transfer be deemed a cash advance to meet operating and other expenses approved by the Board, and that all such advances shall be reimbursed before the end of the fiscal year upon receipt of adequate tax or other appropriate revenues. Provided, however, that this section in no way limits or restricts the power of the Board to transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or agency to another as provided by law pursuant to Section 5.03(C) of the Home Rule Charter.
Section 6. The Finance Director, pursuant to Section 5.03(C) of the Home Rule Charter, is hereby authorized to deposit to the accounts of the General Fund any interest on deposits earned or accrued to the benefit of any trust funds, revolving accounts, working capital reserves or other funds held in trust by Miami-Dade County, unless specifically prohibited from doing so by trust or other agreements.
Section 7. All Implementing Orders and other actions of the Board setting fees and charges as well as all fees and charges consistent with appropriations adopted herein, are hereby ratified, confirmed and approved; and may be amended by subsequent Board action during the fiscal year.
Section 8. The Unincorporated Municipal Service Area is hereby recognized and continued. All funds budgeted for this area are provided by general taxes and other revenue related to this area.
Section 9. The County Mayor or his or her designee is hereby authorized to execute agreements for funding allocations for Community-based Organizations approved in this ordinance as a result of a Request for Proposal or other formal selection process or individual allocations approved by the Board in the form approved by the County Attorney.
Section 10. Notwithstanding any other provision of the County Code, resolution or Implementing Order to the contrary, non-profit entities awarded grants of County monies from the Elected Officials Discretionary Reserve, Commission Office Funds, or County Services Reserve shall not be required to complete affidavits of compliance with the various policies or requirements applicable to entities contracting or transacting business with the County.
Section 11. Unless otherwise prohibited by law, this ordinance shall supersede all provisions of prior ordinances and resolutions in conflict herewith; provided, however, nothing in this ordinance shall amend or supersede the requirements of Ordinance 07-45, as amended.
Section 12 If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 13. The provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon override by this Board. In the event all or any particular component of this ordinance are vetoed, the remaining components, if any, shall become effective ten (10) days after the date of enactment and the components vetoed shall become effective only upon override by this Board.
Section 14. This ordinance does not contain a sunset provision.
Section 15. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall be excluded from the Code of Miami-Dade County.



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