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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 Page 1 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 ,` :: `~ :. Page 2