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ORDINANCE NO. 1665
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE
OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA
1962, TO PRESCRIBE THE CITY'S FISCAL YEAR; TO REQUIRE
SUBMISSION OF AN OPERATING BUDGET, CAPITAL IMPROVE-
MENTS BUDGET AND PROGRAM; AND BUDGET MESSAGE;
TO SET FORTH PROCEDURE FOR ADOPTION AND AMEND-
MENT OF OPERATING AND CAPITAL IMPROVEMENTS BUD-.
QETS; TO REQUIRE QUARTERLY REPORTS TO THE CITY
COMMISSION ON THE FINANCIAL STATUS OF THE OPERAT-
ING AND CAPITAL IMPROVEMENT BUDGETS; TO PRESCRIBE
PROCEDURE FOR APPROVAL OF DEBT INSTRUMENTS AND
PURPOSES FOR WHICH DEBT, SHORT OR LONG TERM, CAN
BE ASSUMED BY THE CITY; TO PRESCRIBE ADMINISTRATION
OF FINANCIAL ACCOUNTING AND TREASURY FUNCTIONS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF
SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE
OF PROPOSED ENACTMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Chapter 2, Administration, of the Code of Ordinances of
the City of Clearwater, Florida, 1962, is hereby amended by enacting the
following new sections to read as follows:
Section 2.71. Fiscal Year.
The fiscal year of the City shall commence on the first day of October
and end on the last day of September.
Section 2-72. Submission of Operating Budget, Capital Improvements
Budget and Program and Budget Message.
No later than sixty (60) days prior to the end of each fiscal year, the
City Manager shall submit to the City Commission an Operating Budget
for the ensuing fiscal year, a Capital Improvements Budget and five
(5) year Capital Improvements Program, and an accompanying Budget
Message.
Section 2-73. Budget Message.
The City Manager's Budget Message shall explain the budget both in
fiscal terms and in terms of work programs, The Budget Message
shall outline the proposed financial policies of the City for the ensuing
fiscal year, describe features of the budget, indicate any major
changes from the current year in financial policies, expenditures
and revenues together with the reasons for such changes, summarize
the City's debt position and include such other supplementary material
as will further explain the organization and content of the budget or
such material as the City Commission may request.
Section 2-74. Operating Budget.
Operating Budget documents shall provide a complete financial plan
of all City funds and activities for the ensuing fiscal year, and shall
be presented in such form as stated below. In organizing the Opera-
ting Budget, the City Manager shall utilize the most meaningful
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combination of expenditure classifications °is will adequately dis-
close all material amounts budgeted by fund, organization unit,
program, purpose or activity, and object. It shall begin with a
clear summary of its contents; shall show in detail all estimated
revenue including the sources thereof, indicating the proposed
property tax level, 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 revenues
and expenditures of the preceding year, and budgeted revenue and
expenditures of the current fiscal year. 'It shall indicate in separate
sections;
(a) General Operating Budget.
1. Proposed revenues and expenditures for General
Operations, including those capital expenditures
contained in the operating budget and any transfers
of general fund revenues to other funds, during the
ensuing fiscal year, detailed to program levels by
departments and divisions in terms of their respective
work programs.
(b) Enterprise and Intragovernmental Service Funds.
1. Proposed operating expenditures, including those
capital expenditures contained in the operating budget
and transfers to other funds, and estimated revenues
of all Enterprise and Intragovernmental Service,
Funds will be attached as appendices to the General
Operating Budget.
2. A statement of estimated net income or deficit from
operations for the current year for each such fund,
including the proposed treatment of such net income
or deficit.
Proposed expenditures or transfers from revenues shall not exceed
for each fund the total of estimated income for the ensuing fiscal
year plus existing fund resources anticipated to be available for
appropriation at the beginning of that year.
Section 2-75. Capital Improvements Budget and Program.
The Capital Improvements Budget and Program shall include:
(a) A clear general summary of its contents;
(b) The status of and expenditures for all Capital Improvements
projects undertaken or completed during the previous or
current fiscal year and estimated expenditures during the
ensuing fiscal years;
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(c) A list of all Capital Improvements which are proposed to be
undertaken during the five (5) fiscal years next ensuing with
appropriate supporting information;
(d) Preliminary cost estimates by project, method of financing and
recommended time schedule for each such improvement;
(e) The estimated annual cost of operating and maintaining each
" of the facilities to be constructed or acquired; and
(f) The budget will show revenue projections for all sources of
income for a period of five (5) years.
Ord. #1665
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The above information may be revised and extended each year with
regard to Capital Improvements still pending or in process of
construction or acquisition.
Section, 2-76. City Commission Action on Budget.
(a) Notice of Hearing.
The City Commission shall publish once in a newspaper of
general circulation at least seven (7) days prior to the
hearing the general summary of the Operating Budget,
the Capital Improvements Budget and Program, and a
notice stating:
1. The times and places where copies of the Budget
Message, Operating Budget, Capital Improvements
Budget and Program are available for inspection by the
public; and
2. The times and places for public hearings.
(b) Amendment Before Adoption.
After public hearing, the City Commission may adopt the
Operating and Capital Improvements Budgets with or
without amendment.
In amending the Operating Budget, it may add or increase
programs or amounts, or may delete or decrease, except
expenditures required by law or for debt services or for
estimated cash deficit, provided that no amendment to the
Operating Budget shall increase the authorized expenditures to
an amount greater than the total estimated income plus existing
fund resources anticipated to be available for appropriation
at the beginning of the ensuing fiscal year.
(c) Adoption.
The City Commission shall adopt the Operating Budget and
Capital Improvements Budget and Program by separate
ordinances on or before two (2) weeks prior to the end of
each current fiscal year for the ensuing fiscal year. If it
fails to adopt the Operating Budget by that time, the amounts
appropriated for 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 accord-
ingly, until such time as the City Commission adopts an
Operating Budget for the ensuing fiscal year. Adopting of
the Operating Budget shall constitute appropriations for the
amounts specified therein as expenditures from funds indi-
cated and shall constitute a levy of the property tax therein
specified.
Section 2-77. Public Records.
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Copies of the Operating Budget, the Capital Improvements Budget
and Program as adopted shall be public records and shall be fur-
nished to City officers, be placed in City Libraries and Public
Offices for free public reference and be made available for pur-
chase by the public at a reasonable price to cover cost of
reproduction.
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Section z-?S. Amendments After Adoption. ' i
(a) Supplemental Appropriations.
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If during the fiscal year the City Manager certified that there
are vailable for appropriation revenues in excess of those
estimated in the budget, the City Commission, by ordinance,
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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 welfare, the City Commission may make
emergency appropriations. Such appropriations may be
made by emergency ordinance. To the extent that there
are no available unappropriated revenues to moot such ,
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authorize the issuance of emergency notes which may be
renewed from time to time, but the emergency notes and Y ;`?`'••" :°
renewals of any fiscal year shall be paid not later than the
last day of the fiscal year next succeeding that in which the a
emergency appropriation was made. ?.
(c) Reduction of Appropriations.
If at any time during the fiscal year it appears probable to
the City Manager that the revenues available will be in-
sufficient to meet the amount appropriated, such event shall
be reported to the City Commission witout delay. Such
report shall indicate the estimated amount of the deficit,
any remedial action taken by the City Manager and recom-
mendation as to any other steps to be taken. 'rho City Commission
shall then take such further action as it deems necessary to
prevent or minimize any deficit, and for that purpose it shall
by ordinance reduce one (1) or more appropriations.
(d) Transfer of Appropriationo.
At any time during the fiscal year the City Manager may
for reasons of economy or efficiency, transfer part or all
of any unencumbered appropriation balance among programs
within an operating fund, provided such action does not result
in the discontinuance of a program. The City Manager may
transfer appropriations within the capital budget provided such
transfer does not result in changing the scope of any project
or the fund source included in the adopted capital budget. Such
operating and capital transfers must be included in the next
budget review presented to the City Commission. Upon detailed
written request by the City Manager, the Clty Coxnmicsion may
by ordinance transfer part or all of any unencumbered
appropriation balance from one fund to another.
(e) Limitations; Effective; Date.
`:. Aral. 01665 .
No appropriation for debt service may be reduced or
transferred except whore such reduction or transfer be
surplus and will not ,jeopardize the specific debt service
requirements. No appropriation may be reduced below any
amount required by law to be appropriated by more than
the unencumbered balance thereof. The supplemental and
emergency appropriation and reduction or transfer of
appropriations authorized by this section may be made
effective immediately upon adoption.
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Every appropriation, except an appropriation for a Capital
Improvements Budget expenditure, shall lapse at the close
of the fiscal year to the extant that It has not been expanded
or encumbered. An appropriation for a Capital Improvemonts
expenditure shall continue in force until the purposa for which
it was made has been accomplished or abandoned; the pur-
pose of any such appropriation may by action of the City
Commission, be declared abandoned if three (3) years pass
without any disbursement from or encumbrance of the
appropriation.
Section 2-80. Administration of Budget.
(a) Payments and Obligations Prohibited.
No payments shall be made or obligation incurred except
in accordance with appropriations duly made and unless
the City Manager or his designee first certifies that there
are sufficient funds therefrom and are or will be avail-
able to cover the claim or meet the obligation when it
becomes due and payable. Any authorization of payment
or incurring of obligation in violation of the provisions of
this ordinance shall be void and any payment so made
illegal; such action shall be cause for removal of any
person who knowingly authorized or made such payment
or incurred such obligation, and such person shall also
be liable to the City for any amount so paid. However,
except where prohibited by law, nothing in this section
shall be construed to prevent the making or authorizing
of payments or malting of contracts for Capital Improve-
ments to be financed wholly or partly by the Issuance of
bonds or to prevent the making of any contract or lease
providing for payment beyond the end of the fiscal year,
provided that such action is made or approved by ordin-
ances
(b) Quarterly Report.
The City Manager shall prepare a quarterly report for the Opera-
ting and Capital Improvements Budgets, Such reports shall contain:
(1) Anticipated quarterly income estimates, actual collec-
tions and variance between estimated and actual income
for all City operating funds.
(2) Projected quarterly expenditure estimates, actual ex-
penditures and variance between estimated and actual
expenditures for all City operating funds.
(3) A narrative explanation of significant variances listed
above.
(4) financial status of all active Capital Improvements
projects.
Section 2-81. Procedures for Approval of Debt Instruments.
(a) Except those obligations Incurred pursuant to the provisions of
Ordinance No. 1614, the Purchasing Code of the City of Clear-
}... ' water, no debt instrument (bonds, notes, mortgages, debentures,
Ord. #1665
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loans or other evidences of debt not specified herein= shall
be valid,without the explicit approval by a majority of the
City Commission. Such approval shall be in the Corm of an
ordinance with public hearings as required by State law,
for all debt instruments for which the repayment period
extends beyond twelve (12) months after the date of obligation,
A City Commission resolution or ordinance may be used to
approve a debt instrument maturing twelve (1z) months or
less after the date of obligation. The requirementis provided
herein shall be considered to be additional or supplementary
to the borrowing requirements set out in Part II of Chapter
166, Florida Statutes.
(b) In addition to the requirements set out in Section 2-81,(a)
of the Clearwater City Code, all revenue bonds for projects
in excess of. One Million Dollars must be submitted to the
public at a referendum called for such purpose and approved
by a majority of those voting on such tissue. The referendum
requirement expressed herein shall not apply to revenue bonds
proposed to be issued for projects involving the public health,
safety or industrial development, or to revenue bonds issued
or proposed for issuance for refunding purposes.
Section 2-82. Purposes of Debt.
(a) Long Term.
For the purposes of this ordinance, all debt, regardless of
the form of obligation, that matures more than twelve (12)
months after date of obligation shall be considered long
term debt. In addition to those limitations imposed on
the City by the Florida Constitution, the Charter of the
City of Clearwater and Part: 11 of Chapter 166, Florida
Statutes, long term debt shall not be used for current
expenses except pursuant to the emergency appropriation
provision contained in Section 2-78 (b) of this ordinance.
(b) Short Term.
For the purposes of this ordinance, all debt not considered
long term, as defined in subparagraph (a) of Section 2-82
of this ordinance, shall be considered short term debt,
Short term debt, authorized in the manner provided in
Section 2-81, may- be used for any public purpose subject
only to limitations imposed by the Florida Constitution,
the Charter of the City of Clearwater and Part IL of
Chapter 166, Florida Statutes.
Section 2-83. Financial Administration.
Accounting, Finance and Treasury finctions of the City of
Clearwater will be combined in a single Finance Department
under the direction of a Finance Director, which title will be used
hereafter in this ordinance. For purposes of reference to the
historical record or current or future documents wherein either
title may appear, the titles City Treasurer and Finance Director
are deemed to be synonymous. The Finance Director shall be the
custodian of all monies of the City, which shall be deposited in a
bank or'banks selected by competitive bids or in such other manner
as the Commission may deem appropriate. Funds on deposit in
such bank or banks shall be secured by collateral pledges by the
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bank, which may consist of securities of the United States,
Government, or any security other than shares of stock
which the bank is authorized by law to purchase for its own
portfolio. Ail bank accounts shall be in the name of the City
of Clearwater. The Finance Director will assure that an accounting
system be maintained in accordance with generally accepted
accounting principles for governmental accounting as set forth
in publications of the American Institute of Certified Public
Accountants and of the Municipal Finance Officers Association.
1.
Section 2-84. Deputy Finance Director.
The City Manager, upon the request of the Finance Director,
may appoint a Deputy or Deputies who, when so appointed,
shall have the same powers and authorities and shall conform
to all the rules of the City and of the law as the City Finance
Director. The Finance Director and Deputy Finance Director
shall be bonded in the amount of $100, 000. 00. Such bond shall
be secured from a regularly accredited surety company, made
payable to the City of Clearwater, and filed in the office of the
City Clerk. Premium on the bond will be paid by the City.
Section 2-85. investments.
Funds of the City of Clearwater not required for immediate
disbursement shall be invested at the discretion of the Finance
Director in United States Government securities, Certificates
of Deposit in local banks, repurchase agreements, or when
appropriate, in savings accounts in local banko. All savings
accounts or investments shall be in the name of the City of
Clearwater. Investments in securities issued by various
agencies of the Federal Government, or in Municipal Bonds
other than the City of Clearwater issues, or bonds issued by
the State of Florida, or counties within Florida, may be made
with the concurrence of the City Commission.
Section 2-86. Disbursements and Collections.
The Finance Director is responsible to assure that all claims
or demands against the City shall be examined for propriety
and appropriate certifications by proper officials prior to
payment, and that all amounts due the City from every source
are received and that a current record of all transactions
be maintained.
Section 2-87. Signatures on Checks.
Checks or warrants for payment of monies shall be signed by
mechanical check signing equipment bearing the facsimile
signature of the City Manager and the Finance Director.
Manually signed checks will be signed by the Finance Director
or his Deputy and the City Manager or his designated alternate.
Section Z. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Ord, #1665
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Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance `
with Chapter 166. 041, Florida Statutes.
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Section 5. The provisions of this ordinance shall take effect
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immediately upon its passage,.
PASSED ON FIRST READING
AS AMENDED Aril 21, 1977
PASSED ON SECOND AND FINAL
READING AND ADOP'T'ED May 5, 1977
AS AMENDED
Attest:
Gi Clerk
Mayor- Commis sio
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CLE"WATER SUN
Published Dann
Clearwater, Pinellas County, Florida
"ATE OF FLORIDA
COUNTY OF PIN>ELLASj
befors the undersigned authority personally appeared W, Paul Harris, who on
bath says that he Is the business Manager of the Clearwater Sun, a daily newspaper
published at Clearwater In Pinellas County. Fiorldar that the attached copy of
adrertl¦eme t, a ng a Notice.. of Propoadd Enactment of
`8rua.rlanct3 ................ ................................. .
......,,...• ......................................•.,.............. In the matter of
................................•... .
Ky% . XXXXXXXXXXXXXXXX. ,. . . ' . . , . X ,XXX? }W was published in
said newspaper in tho Issues of ..........................
Afftant further says that the said Clearwater Sun Ia a newspaper published at
Clearwater, in 'ald Pinellas County, Florida, and that the said newspaper has
heretofore been continuously published in sold Pinellas County, Florida, each day and
has been entered as second class mail matter at the post office In Clearwater, In said
Pinellas County, Florida, for a period of one year next prsceding t st public tan of
'he attached copy of advertisements and afflant frthe ¦ bas net r paid
nor promised any person, firm or corporation any diu¦cou t ommis o r refund
for the purpose of securing this advertisement for p ca n the a or.
Swain to and subscribed before me
hnl?^v r,".•,? ?-J>• : ri?,;fU,1 a[ i11RGEr
his I tbay of . April......,.. A.D. u:.77 1.1Y U!, .. .:1i.'. ; .'; 1.;r,Y 13, 1973
.. e01409:0 10111U r1Ali,ArttJ IJUNOt110 AQZNQ%
...........
(SEAL) floury Publle
CS-309
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Sworn to and subscribed before me
this .. 20th... day of . A.D. 19. -77 I10MR7 M 0.1C, STITC oI ROMA at LARGt:
My CUh1IGIS,IUH 111'11IES MAY 13, 1977
` ........... , . , E0"DIM 3HRU 14AVIIAMU nU)dC111a tiaslaar
1 (SEAL) ; , .. , .. otaty cubits
CS-309
CLE&RWATER SUN
Published Dally
Clearwater, Pinellas County, Florida
STATE OF FLORIDA
COUNTY OF PINELLAS:
before the undersigned authority personally appeared W. Paul Harris, who on
oath says that he is the business Manager of the Clearwater Sun, a daily newspaper
published at Clearwater In Pinellas County, Florida: that the attached copy of
advertisement, being a , , , Notice of Passage or Odinanct'....
.. bxcTiiiance ' i3o..1.6G5 ................................. In the :Ratter of
.. • ........... JC XxXxxx5cg?4[i<L was published fa
said newspaper In the issues of .....4'lay...iAr1,97.7 .............................
Afflant further says that the sold Clearwater 'Jun is a newspaper published at
Clearwater, in said Pinellas County, Florida, and that the said newspaper has
heretofore been continuously published In sold Pinellas County, Florida. each day and
has been entered as second class mail matter at the post office In Clearwater, to said
Pinellas County, Florida, for a period of one year next preced first publication of
the attached copy at advertisement; and afflant furth ¦ ! he h neither paid
nor promised say person, firm or corporation any dl n r to, m elan or refun4
for I%* purpau of securing this advertisement i n i th said newspaper.
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