AN ORDINANCE AMENDING ORDINANCE 97-19 ADOPTING THE TOWN OF FORT MYERS BEACH, FLORIDA, REVISED 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 revised 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 having 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 a Public Hearing for June 29, 1998, at 7:00 P.M. 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, revised operating budget, revenue, expenditures, and capital budget for the fiscal year 1998 is hereby adopted, a copy of the budget is attached and incorporated herein by reference.

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 at any time during the fiscal year, the town manager may transfer any unencumbered appropriations among programs within a department, office, agency or a program provided by interlocal agreement and, upon written request by the town manager, the council may by resolution transfer between funds any unencumbered appropriations from one department, office, agency or a program provided by interlocal agreement 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 enactment.

The foregoing ordinance was enacted by the Town Council upon a motion by Council Member Hughes and seconded by Council Member Mulholland and, upon being put to a vote, the result was as follows:

Anita T. Cereceda aye

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