TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Adopted as a Curative Law to Ratify, Validate, and Confirm all Resolutions that Adopted or Amended the City's Non-District Budget and/or the Capital Improvement Budget for Fiscal Years 2021-2022, 2022-2023, and 2023-24; Declaring the Resolutions and the Related Budgetary Actions to be Legal and Valid in All Respects; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Retroactive Application to the Effective Dates of the Referenced Resolutions; and Providing an Effective Date.
Recommended Action
Approve Ordinance No. 2024-35 and continue to second reading on September 25, 2024.
Recommended Action on Second Reading
Adopt Ordinance No. 2024-35.
Background Information
In August 2021, the City changed from Ordinances to Resolutions when adopting its non-district and capital improvement budget, district budgets and millage rate. After a recent second legal review, it was determined that the method the City must use to adopt and amend the non-district budget needs to be via Ordinance. There is no change to the special district budgets being adopted by Resolution. The millage may be adopted by either Resolution or Ordinance.
Ordinance No. 2024-35 will ratify all prior non-district budget adoptions and amendments that have occurred since September 2021.
It is well-established law in Florida that legislative bodies may retroactively enact curative laws to ratify, validate, and confirm any act they could have authorized in the first place.
Ordinance No. 2024-35 has been reviewed by the City Attorney and is legally correct as to form.
Pursuant to Florida Statutes Section 166.041(4)(c), a business impact estimate is not required because this ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund t...
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