FINANCE DEPARTMENT
M E M O R A N D U M
To: The Honorable Mayor and City
Commission
From:
By: Brian K. Raducci, Financial
Consultant
Ydia A. Forster, Interim
Finance Director
Date: September 13,
2007
Subject: Ad Valorem Tax Rate and Budget
Ordinances
To implement the comprehensive Fiscal Year 2007/08 Budget, two separate ordinances must be enacted. The first ordinance pertains to the City’s millage rate and the second adopts the City’s budget.
As originally discussed at the July 17th Commission workshop, the Administration had tentatively recommended that the Commission maintain the City’s present operating millage rate of 6.4292 (an increase/decrease of 0.0000 mils). This Tentative Millage rate reflected the maximum rate the City would be able to ultimately approve, realizing that it would be our preference to reduce it during our September budget hearings. Further, the Administration recommended decreasing our debt service millage rate from 0.2849 to .2430 (a decrease of 0.0419). As you may recall, the debt millage rate is utilized to satisfy the debt service payments related to both the 1979 and 2004 General Obligation Debt. This results in a combined total millage rate of 6.6722 (an overall decrease of 0.0419 mils).
The recommendation to maintain the prior year’s operating millage rate was due to the Property Tax Relief and Reform Plan and the uncertainty of the proposed January 29, 2008 Constitutional Amendment. However, due to the cost containment/savings measures discussed on July 17, 2007, the Administration is now recommending rolling back the 2007/08 budget millage rate to its 2006/07 level. The impact of this recommendation would be to decrease the operating millage rate from 6.4292 to 5.5307 (a decrease of 0.8985)
The rolled-back operating millage rate of 5.5307 will provide the necessary resources to fund the following proposed items:
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Police service costs
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Group health insurance
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Automobile and property insurance
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New capital projects
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New vehicles
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Salary adjustments for City employees
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Annual debt service on former Charter School
Facility
Ad valorem property taxes provide approximately 39% of the City’s General Fund revenue. This funding is vital to providing the City services as outlined in the Proposed Budget. In order to adopt the rolled-back operating millage rate, support and approval will be needed by at least four (4) of our City Commissioners (a super majority).
The ordinance approving the Administration’s recommended budget provides for spending limitations on the various City funds that are in the proposed budget. The final adopted budget will reflect any/all modifications approved by the Commission tonight and/or the final budget hearing on September 19, 2007. Attached, please find a schedule which outlines the Commission’s budgetary revisions (by consensus) that were made at the July 17, 2007 workshop.
The City Attorney’s Office has reviewed both ordinances for legal sufficiency.
Recommendation:
The Administration recommends Commission’s consideration and approval of the attached Ordinances:
ORDINANCE NO. 07-09-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ADOPTING THE ATTACHED ANNUAL BUDGET, REVIEWED BY THE CITY COMMISSION AT THE MEETING HELD ON JULY 17, 2007, AND AS REVISED AND APPROVED ON SEPTEMBER 13, 2007 AS THE CITY OF NORTH LAUDERDALE’S FINAL BUDGET FOR THE 2007/08 FISCAL YEAR, ALLOCATING, APPROPRIATING, AND AUTHORIZING EXPENDITURES IN ACCORDANCE WITH AND FOR THE PURPOSES AS STATED IN SAID BUDGET, EXCEPTING CERTAIN APPROPRIATIONS AND EXPENDITURES REQUIRING FURTHER CITY COMMISSION ACTION AND/OR AUTHORIZATION; AUTHORIZING BUDGETARY CONTROL BY DEPARTMENTAL FUND TOTAL FOR ALL APPROPRIATIONS EXCEPT FOR AMOUNTS ALLOCATED FOR CAPITAL OUTLAY ITEMS; PROVIDING FOR THE AUTHORIZATION OF ALL BUDGETED EMPLOYMENT POSITIONS AND THE AUTHORIZATION FOR THE CITY MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF TRUST FUND(S) FOR RECEIPT OF MONIES BY GIFT, GRANT, OR OTHERWISE, WHEN THE SAME CONTAINS AS A CONDITION OF ACCEPTANCE, A LIMITATION OR RESTRICTION REGARDING THE USE OR EXPENDITURE OF THE SAME AND THE MANAGEMENT AND DISBURSEMENT THEREOF; PROVIDING FOR A TEMPORARY OR PERMANENT SUSPENSION OF THE OMNIBUS APPROPRIATION AND EXPENDITURE AUTHORIZATION CONTAINED HEREIN BY CITY COMMISSION RESOLUTION; PROVIDING THAT THE BUDGET HEREBY ADOPTED MAY BE ADJUSTED OR MODIFIED BY SUBSEQUENT RESOLUTION OF THIS CITY COMMISSION SO LONG AS SUCH ADJUSTMENT OR MODIFICATION SHALL NOT RESULT IN A VARIATION OF THE TOTAL BUDGET, PROVIDING THAT IN THE EVENT A VARIATION FROM THE TOTAL BUDGET IS OR BECOMES NECESSARY, THIS ORDINANCE SHALL BE AMENDED ONLY BY A SUBSEQUENT ORDINANCE CONSISTENT WITH CHAPTER 166, FLORIDA STATUTES, THE CHARTER AND CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR THE AUTHORIZATION TO LAPSE ALL ENCUMBRANCES OUTSTANDING AT SEPTEMBER 30, 2007, AND AUTHORIZATION TO RE-APPROPRIATE ALL UNEXPENDED CAPITAL APPROPRIATIONS, INCLUDING LAPSED CAPITAL OUTLAY ENCUMBRANCES, IN THE 2007/08 BUDGET YEAR PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COMMISSION OF THE CITY OF
Section 1. That the tentative 2007/08 Annual Budget, reviewed by the City Commission on July 17, 2007, of said budget being attached hereto and made a part hereof as specifically as if set forth at length here at and as revised on September 13, 2007, be and the same is hereby established and adopted as the City of North Lauderdale’s final budget for 2007/08 fiscal year. This Annual Budget provides for an increase in the Ad Valorem Tax Operating Millage Levy Rate of 0.00% from the prior year’s rolled back rate.
Section 2. That the tentative budget adopted hereby, shall provide that the budget may be amended or adjusted by a resolution approved by a majority vote of the City Commission at the public hearing in accordance with the requirements of Chapter 200.065, Florida Statutes, as amended from time to time.
Section 3. That, subject to the adjustment and/or amendment process authorized in Section 2 thereof, amounts allocated in said budget for expenditure effective October 1, 2007 are authorized in accordance with the purposes as set forth in said budget except that no funds shall be deemed authorized for expenditure in those instances where specific and additional City Commission action and authorization is required as provided in Section 3.14 of the North Lauderdale City Charter, as well as other applicable law. That this budget shall appropriate an expenditure of funds for scheduled repayments of debt financing as required by City loan agreements.
Section 4. That the 2007/08 Annual Budget establishes, except as otherwise provided in Section 5 hereof below, limitations on expenditures by department total within fund. Said limitation meaning that the total sum allocated to each department for operating expenses may not be increased or decreased without specific authorization by a duly enacted Resolution and/or Ordinance effecting such amendment or transfer. However, specific activity amounts may be exceeded so long as excesses exist in other activities within said department budget.
Section 5. That amounts allocated to Capital Outlay items are specific authorizations and may be expended only for capital project and capital purchase purposes. The amount allocated for Capital Outlay may not be exceeded or increased without specific City Commission authorization, the same being by a duly enacted Resolution and/or Ordinance effecting such amendment or transfer.
Section 6. In the event that an authorized position is vacant and monies are available within a department’s salary appropriation to fund a temporary appointment to vacant position, the City Manager may appoint a temporary employee for a period not to exceed 90 days, to fill said vacant position. Said temporary appointment may be renewable for an additional 90-day period and may only be made for the period pending the filling of the authorized position by a permanent employee.
Section 7. That when the City of North Lauderdale receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance, any limitation regarding the use or expenditure of the monies received, the funds so received need not be shown in the Annual Budget nor shall said budget be subject to amendment or expenditure as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon accepted contemporary Florida Municipal Accounting Principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid.
Section 8. That the Omnibus Appropriation and Expenditure Authorization as contained in Section 3 hereof may be temporarily or permanently suspended by Resolution of the City Commission if at any time it appears that the projected revenue supporting the above-described budget is below anticipated levels or maybe temporarily or permanently suspended by Resolution of the City Commission for any other reason or purpose deemed proper by the Commission.
Section 9. Upon the passage and adoption of the 2007/08 fiscal year budget for the City of North Lauderdale, the City Manager determines that Department Total or a Capital Outlay will exceed its original appropriation, is hereby authorized and directed to prepare such Resolutions as may be necessary and proper to administratively and publicly adjust or modify any line item from the Budget hereby adopted so long as such adjustment or modification shall not result in a variation of the total budget appropriation adopted pursuant to this Ordinance, as provided by General or Special Law.
Section 10. In the event a variation from the total budget appropriation is or becomes necessary, such variations shall only become legally effective upon the adoption of an amending Ordinance consistent with Chapter 166, Florida Statutes, the Charter and Code or Ordinances of the City of North Lauderdale, Florida. Notwithstanding this limitation, health insurance coverage shall be available to and paid for by the City on behalf of the City’s elected officials in a manner consistent with the City’s general employees at a cost which shall not exceed 100% of the City’s monthly premium amount, and further recognizing that, for the economic benefit of the City, staff shall make every effort to pay directly to their insurance carrier the monthly cost of an elected official’s health coverage in an amount not exceeding 100% of comparable City health cost should the member have their health insurance coverage from another source.
Section 11. That all outstanding encumbrances for operating expenditures at September 30, 2007 shall lapse at that time; and, that all outstanding encumbrances for Capital Expenditures as at September 30, 2007 shall lapse at that time; and, that all unexpended Capital appropriations, including outstanding encumbrances, may be added to the corresponding 2006/07 available balances and be simultaneously re-appropriated for capital expenditures, as previously approved in the 2006/07 fiscal year. It is contemplated and acknowledged that the possible addition of available Capital balances in other Funds and their simultaneous re-appropriation under this Section shall not be interpreted or construed as an increase in revenues available for appropriation under Section 3.14 of the City Charter or as a variation of the total budget under Section 10 of the City’s Original Budget Ordinance.
Section 12. This Ordinance shall take effect on October 1, 2007.
PASSED on first reading by the City Commission of the City of North Lauderdale, Florida on the 13th day of September 2007.
PASSED and ADOPTED on second reading by the City Commission of the City of North Lauderdale, Florida on the _____ day of September, 2007
APPROVED AS TO FORM:
CITY ATTORNEY SAMUEL S. GOREN
MAYOR JACK BRADY
VICE MAYOR RICH MOYLE
ATTEST
DEPUTY CITY CLERK PATRICIA VANCHERI
