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HomeMy WebLinkAbout2005-25949 ResoRESOLUTION NO. 2005-25949 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND FISCAL YEAR (FY) 2004/2005 BUDGET TO AMEND THE CITY ATTORNEY'S OFFICE BUDGET IN THE AMOUNT OF $240,000. WHEREAS, unbudgeted Outside Counsel expenses have been incurred by the Office of City Attorney arising out of unforeseen litigation in the environmental and land use areas, the administrative area as well as unforeseen transactional expenses; and WHEREAS, Unbudgeted outside Labor Counsel expenses have been incurred arising out of unforeseen labor issues, such as increased arbitration and protracted union negotiations; and WHEREAS, as a result of said unforeseen circumstances, the projected necessary expenses appropriated for the fiscal year 2004-2005 will exceed the respective accounts originally budgeted, and require an amendment to their respective appropriation to address projected expenditures which will exceed their departmental budget; and WHEREAS, Florida Statutes stipulate that we may not expend more than our appropriations provide; and WHEREAS, in order to address said unforeseen expenses it is necessary to amend certain expenditure categories within the General Fund budget through an amendment of $240,000 in order to adjust the City Attorney's budget in the General Fund, with funding from the General Fund Citywide Operating Contingency Account; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MI BEACH, FLORIDA, that the second amendment to the Fiscal Year 2004/2005 General Fund budget is adopted as follows: GENERAL FUND OPERATING REVENUES Ad Valorem Taxes Ad valorem Taxes-Normandy shore Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeits Interest Rents & Leases Miscellaneous Other -Resort Tax Contribution Other- Non-Operating Revenues Fund Balance Total General Fund FY 2004~2005 Amended Budget $ 79,380,929 92,301 19,568,600 11,446,631 11,117,000 6,141,136 1,404,000 2,836,880 2,679,145 6,409,227 18,928,608 8,165,421 177,615 $ 168,347,493 · Increase/ FY 2004~2005 Second Amended (Decrease) Budget $ 79,380 929 92 301 19,568 600 11,446 631 11,117 000 6,141 136 1,404 000 2,836,880 2,679 145 6,4O9 227 18,928 ~08 8,165,421 177,615 $ 168,347,493 APPROPRIATIONS Department/Function Mayor & Commission City Manager Communications Budget & Performance Improvement Finance Procurement Human Resources Labor Relations City Clerk City Attorney Economic Development Building Planning Tourism & Cultural Development Bass Museum Neighborhood Service Parks & Recreation Public Works Capital Improvement Program Fire Police Citywide Accounts Citywide Accts-Normandy Shores Citywide Accts-Operating Contingency Capital Renewal & Replacement Total General Fund 1,260,879 1,888,209 272,588 1,569,053 3,460,126 706,999 1,393,979 193,332 1,527,654 3,198,595 854,064 5,482,359 2,615,594 1,138,403 1,259,432 3,730,078 21,556,169 6,095,758 2,784,730 36,364,606 61,386,186 7,124,967 136,663 1,000,000 1,347,070 $ 168,347,493 PASSED and ADOPTED this 6th day of July, 2005. CLERK "L Rob~ert Parcher FUNDi-NG APPROVAL: 240,000 (240,000) $ MAYOR David Dermer 1,260,879 1,888,209 272,588 1,569,053 3,460,126 706,999 1,393,979 193,332 1,527,654 3,438,595 854,064 5,482,359 2,615,594 1,138,403 1,259,432 3,730,078 21,556,169 6,095,758 2,784,730 36,364,606 61,386,186 7,124,967 136,663 760,000 1,347,070 168,347,493 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date CI'IY OF MIAMI BEACH COMVIISSlON ITEM SUMMARY Condensed Title: IAdopt the second amendment to the Fiscal Year (FY) 2004/2005 General Fund Budget to amend the City Attorney's budget in the amount of $240,000. Issue: IWhether to adopt the second amendment to the FY 2004/2005 General Fund Budget? Item Summary/Recommendation: IAdopt the resolution to amend the FY 2004/2005 General Fund Budget. Advisory Board Recommendation: N/A Financial Information: Amount to be expended: Source of Amount AccOUnt APProved Funds: $ 240,000 General Fund - Citywide Operating Contingency Account 2 (~ 3 Fir~ance Dept. TOtal $ 240,000 Si~ln-Offs: I ~ Depa~ment D!re~tO~ Assistant C!~ Manager Ci~ Manager AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: July 6, 2005 Members of the City Commission Jorge M. Gonzalez/~ City Manager A RESOLUTION O~F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND FISCAL YEAR (FY) 2004~2005 BUDGET TO AMEND THE CITY ATTORNEY'S OFFICE BUDGET IN THE AMOUNT OF $240,000. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The second amendment to the General Fund FY 2004~2005 budget appropriates an additional $240,000 to cover unbudgeted outside counsel expenses incurred by the City Attorney's Office from the Citywide Operating Contingency Account. The City Attorney, pursuant to Article 3, of the Miami Beach City Charter, acts as the legal adviser for the municipality and all of its officers. The office is presently budgeted at twelve full time attorneys and one part time attorney. In the normal conduct of its business, this office 'contracts the services of outside legal counsel in various specialized areas. This fiscal year we have incurred unbudgeted outside legal costs due to unforeseen expenses incurred in the areas of: Environmental and land use litigation, administrative and transactional expenses, arbitration and protracted union negotiations. These expenses total $240,000 in excess of the current FY05 Adopted Budget. More specifically, the increase in expenses has come about due to litigation having as its base a land use dispute; litigation resulting from cost recovery.efforts in golf course contamination; administrative proceedings for the North Beach Corridor Project; labor arbitrations, Public Employees Relations Commission (PERC) proceedings and protracted labor negotiations. In arriving at the required $240,000 adjustment, this office has already transferred and applied $50,000 from salary savings. The attached Resolution will allow enactment of the second amendment to the General Fund Budget to adjust the City Attorney departmental appropriation within the General Fund budget. This action is necessary to comply with Florida Statutes which stipulate that we may not expend more than our appropriations provide.