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� `kyr—mar r <br />Crux QF So hid <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 City Hall <br />(305) 949-3113 Fax <br />MEMORANDUM <br />TO: Honorable Mayor and City Commissioners <br />FROM: Valerie Vicente, City Attorney <br />DATE: April 20, 2023 <br />RE: Repeal Article II of Chapter 172 of the City's Code Relating to Charitabl( <br />Donations <br />RECOMMENDATION: <br />Staff recommends adoption of this Ordinance. <br />REASONS: <br />Pursuant to Section 172-5 of the City's Code, the City Manager has the authority to administrativeli, <br />make charitable donations to local non-profit organizations or other charitable organizations without <br />the approval of the City Commission in an amount not to exceed $5,000.00 if in cash, and $10,000.00 if <br />for in-kind goods and services. However, Section C-7.6. of the City's Charter, titled "Charitable <br />Contributions", provides that the City shall not make any charitable contributions to any person or <br />entity except if such contribution is approved by the affirmative votes of at least four (4) <br />Commissioners. When a conflict exists between the city's charter and the city's Code of Ordinances. <br />the charter prevails. Therefore, to correct this conflict, Article II of Chapter 172 of the Code must bE <br />repealed. <br />ADDITIONAL INFORMATION: <br />The repeal of Article II of Chapter 172 of the Code is also consistent with Florida law, which provide! <br />that municipal funds may be used only for a municipal purpose, and the determination of what <br />constitutes a valid municipal purpose for the expenditure of public funds is a factual determination for <br />the legislative and governing body involved, which in this instance would be the City Commission. <br />ATTACHMENTS: <br />Ordinance <br />Item Number: 9.0 <br />