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Ordinance 2019-4318 ORDINANCE NO. 2019-4318 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE. CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE II THEREOF, ENTITLED: "CITY COMMISSION," BY AMENDING SECTION 2-12 THEREOF, ENTITLED "MEETING PROCEDURES AND AGENDAS," TO REQUIRE A FISCAL IMPACT STATEMENT AS PART OF THE ANALYSIS ACCOMPANYING . ORDINANCES AND RESOLUTIONS - PLACED ON CITY COMMISSION AGENDAS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN .EFFECTIVE DATE. WHEREAS, on September 20, 2019; .the Finance and Citywide Projects Committee favorably recommended proposed amendments to the City Code, sponsored by Commissioner Samuelian, to require the Administration, as part of the analysis accompanying ordinances and resolutions placed on City Commission agendas, to specifically disclose the fiscal impact associated with the proposed measure; and WHEREAS, many public entities throughout the United States require a fiscal impact statement as part of the required analysis of legislation. Although practices vary, the State of Florida, Miami-Dade County, and Broward County, each require a fiscal impact statement to accompany the analysis of proposed legislation; and WHEREAS, the Mayor and City Commission desire to require a fiscal impact statement as part of the consideration of any proposed measure, to provide the members of the City Commission and the public with the financial information necessary to take into account the budgetary effects of proposed measures. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2-12, paragraph (d), of Article II, of Chapter:2 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 2. ADMINISTRATION * * * ARTICLE II. CITY COMMISSION * * Sec. 2-12. - Meeting procedures and agendas. (d) Agenda items. (1) Item details. Items published in a city commission meeting agenda shall include sufficient detail and information for the city commission and the public to evaluate the items in a reasonable: and timely manner and, whenever possible, endeavor to sufficiently advise the city commission and the public of the nature of any requested actions that may be taken on the items. a. Fiscal impact statement required. As part of the commission memorandum that accompanies any ordinance or resolution placed on a city commission meeting agenda (including any resolution calling for a voter referendum on any measure), the city administration shall, to the extent applicable, prepare a written statement, to be included as a stand- alone sectionof the commission memorandum, briefly describing the estimated or anticipated increase or decrease of the revenues or expenditures.of the city associated with the proposed measure, if any, for the current fiscal year and the subsequent fiscal year. b. To the extent determined applicable by the city administration, the fiscal impact statement may include: (i) historical data concerning the revenues or expenditures at issue; (ii) any assumptions, sources of information or methodologies used to estimate .the fiscal impact to: the city; (iii) an estimate of the staff time or other resources that may be needed to implement the proposed measure; (iv) whether the proposed .measure could be absorbed in the currentfiscal year's budget, or whether an additional appropriation is required to implement the proposed measure; (v) whether the fiscal impact in subsequent years (up to, but nomore than, five years, from adoption of the measure) materially differs from the fiscal impact in the first year; (vi) whetherthe proposed measure will involve pension liability, and the estimated costs thereof; and (vii) any capital requirements or infrastructure constraints associated with the proposed measure. c. If the fiscal impact on the current or future revenues or expenditures of the city cannot be determined at the time the proposed measure is considered by the' city commission, the fiscal impact statement shall include a description of the risk factors or variables involved, and the administrative actions that will be required: in order to determine the anticipated impact on future revenues and expenditures. In such cases, the fiscal impact statement should, to the extent possible, use ranges to estimate the impact on revenues or expenditures. d. With respect to proposed agenda items related to .the procurement of goods and services, including construction services, that are awarded pursuant to a previously approved budget, or which involve expenditures that are specifically authorized in a previously approved budget, the requirements of this section shall be deemedsatisfied by a statement of the budget code or funding source that will be used to cover the proposed item, and the contract amount associated with the proposed item, if any. e. If a proposed item has a fiscal impact on revenues or expenditures of the city in the amount of $25,000 or less, the fiscal impact statement shall state that the item involves an estimated fiscal impact of$25,000 or less, and no further information or analysis shall be required. f. The failure to comply with the requirements: of this section shall not constitute grounds for canceling the consideration of a proposed measure or rendering invalid any determination made by the city commission. * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, andit is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6.. EFFECTIVE DATE. This Ordinance shall take effect on the a/ day of: Deuyt6c2019. PASSED AND ADOPTED this 1/ day of ,Dece 6e' _ - , 2019. ATTEST: Dan Gelber, Mayor ei 2-1 tw% Rafael. . Granado, City Clerk Underline denotes additions Strikethret gh denotes deletions (Sponsored by Commissioner Samuelian) APPROVED AS TO A FORM&LANGUAGE 111CORP ORATED; rh 8►FOR EXECUTION c City Attorney I.Af Date Ordinances - R5 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: December 11, 2019 10:05 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE II THEREOF, ENTITLED "CITY COMMISSION," BY AMENDING SECTION 2-12 THEREOF, ENTITLED "MEETING PROCEDURES AND AGENDAS," TO REQUIRE A FISCAL IMPACT STATEMENT AS PART OF THE ANALYSIS ACCOMPANYING ORDINANCES AND RESOLUTIONS PLACED ON CITY COMMISSION AGENDAS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS This proposed ordinance, sponsored by Commissioner Samuelian, was referred to the Finance and Citywide Projects Committee ("Finance Committee") on July 17, 2019, to require the Administration, as part of the analysis accompanying all ordinances and resolutions placed on City Commission agendas, to specifically disclose the fiscal impact associated with the proposed measure. On September 20, 2019, the Finance Committee favorably recommended adoption of the proposed ordinance. The intent of this item is to codify best practices and much of the financial information that the Administration already includes in the commission memoranda that accompaniies resolutions or ordinances. The ordinance amendment would require the Administration to briefly state the fiscal impacts on the revenues or expenditures of the City (in the current fiscal year and the next fiscal year) in connection with any proposed measure, and provides flexibility to the Administration to provide additional information which may be relevant to the item, such as historical data concerning the item at issue, assumptions used in calculating the impact, and other information. The fiscal impact statement would only be required for items having an impact on revenues or expenditures in excess of $5,000. In addition, with respect to the vast majority of the City's contracts, which are awarded pursuant to a previously approved budget, and with respect to any other expenditures that are made pursuant to a previously approved budget, the requirement would be satisfied by a statement of the budget code or funding source being used to cover the proposed measure. Page 304 of 720 Many public entities throughout the U.S. require a fiscal impact statement as part of the required analysis of legislation. Although practices vary, the State of Florida, Miami-Dade County, and Broward County, each require a fiscal impact statement to accompany the analysis of proposed legislation. The proposed ordinance amendment has been reviewed, and reflects input provided by, the City's Chief Financial Officer. Changes Since First Reading on October 16. 2019 At first reading, the Mayor and City Commission approved the proposed ordinance, with one amendment to increase the threshold for applicability of the ordinance from $5,000 to $25,000. Accordingly, the fiscal impact requirement shall only apply to proposed measures with an estimated impact of$25,000 or more. In addition, since first reading, on recommendation of the City Attorney, one additional clarification has been made to the proposed ordinance, to provide that the failure to include a fiscal impact statement as part of any City Commission item will not constitute grounds to cancel the City Commission's consideration of the item, or invalidate or void any action that may be taken by the City Commission at its discretion. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Office of the City Attorney Sponsor Commissioner Mark Samuelian ATTACHMENTS: Description o Ordinance Page 305 of 720