O-358-CCity of Clermont
Ordinance No. 358-C
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV
"OFFICERS AND EMPLOYEES", DIVISION 2 "CITY MANAGER"
SECTION 2-126, "REVENUE APPROPRIATIONS", OF THE CODE OF
ORDINANCES OF CLERMONT, FLORIDA, RELATING TO THE
APPROPRIATION OF REVENUES IN EXCESS OF THE BUDGET AND
PROVIDING THAT THE COUNCIL BY RESOLUTION MAY MAKE
SUPPLEMENTAL APPROPRIATIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute Section 166.241, Fiscal years, appropriations, budgets, and
budget amendments provides that the City can, unless otherwise set forth in the City Charter, adopt
its budget by ordinance or resolution; and
WHEREAS, 1~~lorida Statute Section 166.241, provides that any amendments to the City's
budget shall be adopted by and in the same manner as the adoption of the original budget; and
WHEREAS, the City of Clermont Charter does not provide the legislative method, either
resolution or ordinance, for the adoption of the City budget and as such the City has routinely
adopted its budget by resolution after a public hearing; and
WHEREAS, Section 2-126 of the City Code currently provides that a supplement or
amendment to the City budget shall be adopted by ordinance; and
WHEREAS, as a result of the foregoing, there is an inconsistency in the budget procedures
for the City as authorized by State Law and City Code Section 2-126; and
WHEREAS, it is in the best interest of the City of Clermont to correct the inconsistency
and to avoid confusion by amending Section 2-126 to provide that the budget may be amended by
resolution in accordance with Florida Statute Section 166.241.
NOW THEREFORE, be it ordained by the City Council of the City of Clermont, Florida, as
follows:
SECTION 1.
Section 2-126 entitled "Revenue Appropriations" of the Code of Ordinances of the City of
Clermont, is hereby amended to read as follows:
Sec. 2-126. Revenue appropriations.
(a) If during the fiscal year the city manager certifies that there are available for appropriation
revenues in excess of those estimated in the budget, the council by resolution, or as otherwise
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City of Clermont
Ordinance No. 358-C
provided by law, may make supplemental appropriations for the year up to the amount of such
excess.
(b) If at any time during the fiscal year it appears probable to the city manager that the revenues
available will be insufficient to meet the amount appropriated, he shall report to the council
without delay, indicating the estimated amount of the deficit, any remedial action taken by him
and his recommendations as to any other steps to be taken. The council shall then take such
further action as it deems necessary to prevent or minimize any deficit and for that purpose it
may by resolution, or as otherwise provided by law, reduce one or more appropriations.
SECTION 2.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 3.
Should any section or part of a section be declared invalid by any Court of competent
jurisdiction, such adjudication shall not apply to or affect any other section or provision of this
Ordinance except to the extent that the entire section or part of a section may be inseparable in
meaning and effect from the section to which such holding shall apply.
SECTION 4.
This Ordinance shall be published as provided by law and shall become law and shall take effect
on the date of its Second Reading and Final Passage.
PASSED AND ORDAINED by the City Council of the City of Clermont, Lake County Florida
this 22"d day of July, 2008.
~~~'
Harold S. Turville, Jr., Mayor
Tracy Ackroyd, City
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