AN ORDINANCE ADOPTING THE TOWN OF FORT MYERS BEACH, FLORIDA, OPERATING BUDGET FOR THE FISCAL YEAR OF 1998, PROVIDING AUTHORITY; TOWN MANAGER'S RESPONSIBILITY; TENTATIVE BUDGET; PUBLIC HEARING; ADOPTION; SUBSEQUENT ACTION; EMERGENCY APPROPRIATIONS; SEVERABILITY; REPEALING CLAUSE; AND AN EFFECTIVE DATE.

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH, FLORIDA as follows:

SECTION ONE: Authority. This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 166, Florida Statutes, and other applicable provisions of law.

SECTION TWO: Town Manager's Responsibility. That the Town Manager of the Town of Fort Myers Beach, Florida, has presented to the Town Council the operating budget covering the revenues and expenditures as estimated to be required for the fiscal year 1998.

SECTION THREE: Tentative Budget. That the Town Council, in duly called sessions, has reviewed the budget and having made certain amendments thereto and adopted a tentative budget. A copy of the budget as amended by the Town Council during its workshop meetings is attached hereto and incorporated herein by reference.

SECTION FOUR: Public Hearing. That the Town Council has authorized the required Public Hearing at the Fort Myers Beach Town Hall, 2523 Estero Boulevard, Fort Myers Beach, Florida, and has caused notice of same to be published in a newspaper of general circulation in the Town of Fort Myers Beach according to law.

SECTION FIVE: Adoption. That the Town of Fort Myers Beach, Florida, operating budget, revenue, expenditures, and capital budget for the fiscal year 1998 is hereby adopted as follows:

SECTION SIX: Subsequent Action. That if at any time during the fiscal year it appears probable that the revenues available will be insufficient to meet the amount appropriated, the Town Council shall then take such further action as necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations.

That any time during the fiscal year the Town Manager or the Town Council may transfer, within a department part or all of any unencumbered appropriation balance among programs within a department, office or agency and upon request by the Town Manager, the Town Council may by resolution transfer part or all of any unencumbered or appropriated balance from one department, office, or agency to another.

That no appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof.

If during the fiscal year the Town Manager certifies or Town Council determines that there are available for appropriation revenues in excess of those estimated in this budget, the Town Council by ordinance may make supplemental appropriations for the year up to the amount of such excess after advertising as required by law.

SECTION SEVEN: Emergency Appropriations. That to meet a public emergency affecting life, health, property or the public peace, the Town Council may make emergency appropriations. Such emergency appropriations may be made by emergency ordinance in accordance with the provisions of the Town of Fort Myers Beach Charter, Section 10.02. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized may be made effective immediately upon adoption.

SECTION EIGHT: Severability. If any one of the provisions of this ordinance should be held contrary to any express provision of law of contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance , and in no way affect the validity of all other provisions of this ordinance.

SECTION NINE: Repealing Clause. All ordinances or parts thereof in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed.

SECTION TEN: Effective Date. This ordinance shall become effective upon adoption.

The foregoing ordinance was enacted by the Town Council upon a motion by Council

Member Murphy and seconded by Council Member FitzSimons and, upon

being put to a vote, the result was as follows:

Anita T. Cereceda aye

Ted FitzSimons aye

William (Rusty) Isler absent

Garr Reynolds aye

Ray Murphy aye

DULY PASSED AND ENACTED this 17th day of November, 1997.

ATTEST: TOWN OF FORT MYERS BEACH

By: By:

Marsha Segal-George, Town Clerk Anita T. Cereceda, Mayor

Approved as to form by:

Richard V.S. Roosa, Town Attorney