Ordinance 2023-602 - Laserfiche WebLink

Home Browse Search

ORDINANCE 2023- 60Z AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE II OF CHAPTER 172, TITLED "CHARITABLE DONATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 15, 2014, the City Commission for the City of Sunny Isles Beach ("City") adopted Ordinance No. 2014-429, creating Article II of Chapter 172 of the City's Code of Ordinances ("Code"), titled "Charitable Donations", which was subsequently amended by Ordinance Nos. 2014-429, 2017-508, and 2018-517 (the "Ordinance"); and WHEREAS, pursuant to the Ordinance, codified as Section 172-5 of the Code, the City Manager has the authority to administratively make charitable donations to local non-profit organizations or other charitable organizations without the approval of the City Commission in an amount not to exceed $5,000.00 if in cash, and $10,000.00 if for in-kind goods and services; and WHEREAS, Section C-7.6. of the City's Charter, titled "Charitable Contributions", provides that the City shall not make any charitable contributions to any person or entity except if such contribution is approved by the affirmative votes of at least four (4) Commissioners; and WHEREAS, Article II of Chapter 172 of the Code is in conflict with the City's Charter and therefore must be repealed; and WHEREAS, the repeal of Article II of Chapter 172 of the Code is also consistent with Florida law, which provides that municipal funds may be used only for a municipal purpose, and the determination of what constitutes a valid municipal purpose for the expenditure of public funds is a factual determination for the legislative and governing body involved, which in this instance would be the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Repeal of Article II of Chapter 172 of the City Code. Article II of Chapter 172 of the Code is hereby repealed. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as strikethrough. Page 1 of 3