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HomeMy WebLinkAboutO-11486J-97-264 4/23/97 ORDINANCE NO. i i 4 8 6 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $639,718.00, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, pursuant to Ordinance No. 9257, adopted April 9, 1981, the City Commission fulfilled the requirements of Sections 943.44 (3) (9) and 943.44 (5), Florida Statutes (1980), relating to the proceeds from the sale or other acquisition of forfeited property; and WHEREAS, Ordinance No. 10021, adopted July 18, 1985, established initial resources and initial appropriations for the "Law Enforcement Trust Fund ("LETF")"' in the amount of $1,896,825; and WHEREAS, as a result of successful forfeiture actions there were successive appropriations into the LETF presently amounting to a total of $17,119,814.26 (Ordinance Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946, 10984, 10996, 11025, 11037, 11083, 11109, 11147, 11173, 11250, 11317, 11413) and; WHEREAS, as a result of recent successful forfeiture actions there are additional funds, in the total amount of $639,718.00 available to be deposited in the LETF; and WHEREAS, $485,722.00 of the total available funds is from successful joint operations between the Department of Police and the U.S. Department of Justice; and WHEREAS, $53,996.00 of the total available funds is from successful joint operations between the Department of Police and the U.S. Customs Service; and WHEREAS, an inherent requirement for receiving funds from the U.S. Justice Department and the U.S. Customs Service is the separate accounting for all revenues and expenditures of said monies; and WHEREAS, none of the aforementioned money will be spent without prior City Commission approval by Resolution; and WHEREAS, expenditures will only be made upon affidavit by the Chief of Police that the expenditure is a legitimate Law Enforcement Trust Fund expenditure; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. C 0 Section 2. Section 1 of Ordinance No. 10021, adopted July 18, 1985, as amended, is hereby amended in the following particulars:l/ "Section 1. The following resources and appropriations are hereby established for the Law Enforcement Trust Fund: Fund Title: Law Enforcement Trust Fund Resources: Proceeds of Forfeited Property $16,217,579.08 $16„ 17,579.08 U.S. Customs $ 270; 1z9.088 $ 324, 116 _ 08 U.S. Department of Justice $ 632,115.10 $ 1F117,837.10 Appropriations: Law Enforcement Trust Fund $17, 119,814 .2-6 $17,759, 532 .26" Section 3. The herein resources and appropriations for the Law Enforcement Trust Fund are hereby increased by $639,718.00 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 4. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. - 3 - =I of Miami, and upon the further grounds of the necessity of the City of Miami to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 7. The requirements of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this 7th ATTE T: WALTER J. EMAN CITY CLERK BUDGET AND MANAGEMENT ANALYSIS REVIEW: IPAK PAREKH, LDiRECTOR APPROVED AS TO FORM AND CORRECTNESS: A. I J S, I I CIT AT 0 EY W293:BSS - 4 - I14 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission Edward Marque j�� City Manager RECOMMENDATION: • 11 DATE: A pR % 9 J 07 FILE SUBJECT: proposed Emergency Ordinance REFERENCES: Amending Ordinance No. 11413, ENCLOSURES: L.E.T.F. Appropriation It is respectfully recommended that the City Commission approve the attached Emergency Ordinance, as amended, increasing the appropriations for the Law Enforcement Trust Fund by $639,718.00 as a result of additional monies deposited into said fund due to successful forfeiture actions. BACKGROUND: Ordinance No. 11413, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund"' in the amount, of $17,119,814.26. Successful forfeiture litigation has resulted in an additional $639,718.00 being available for deposit in the Law Enforcement Trust Fund. The request for the appropriation of these monies is required to fund approved programs that are legitimate Law Enforcement Trust Fund expenditures. This Ordinance is being presented on an emergency basis in order to insure that funds are available for the payment of expenses on projects which, otherwise, will be unable to operate. t148 1 r1 f MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11486 Inthe........................}{XX}{}{..................................... Court, was published in said newspaper in the issues of May 16, 1997 Attiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant furth that she has neither p or promised any t, firm or orporation any dis unt, rebate, Comm or fund for he purpose of s ring4is advertl t f publicati in the said to and subscribed before me this 16 May 97 %daY of.....�om .................... A.D. 19...... (SEAL) "1 r&6G JANErr LLERENAL Octelma V. Ferbey tgme.CCMMI�0N 11UMBER 10F rCC566004 MY COMMISSION EXPIRES FVQ JUNE 23.2e0e CITY OF MIAMI, FLORIDA- LEGAL NOTICE All interested persons will take notice that on the 7th day of May, 1997, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.11484 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL - REVENUE -FUND ENTITLED: 'SYETP - 97 SUMMER -YOUTH EMPLOYMENT TRAINING PROGRAM AND APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM IN. THE, AMOUNT OF $590,550 CONSISTING OF A GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR . AN EFFECTIVE DATE. ORDINANCE NO. 11485 AN EMERGENCY ORDINANCE ESTABLISHING A .NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN - 1997" AND APPRO- PRIATING FUNDS FOR THE OPERATION OF SAME IN' THE ESTIMATED AMOUNT OF $300,0001CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT: FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE: TO THE CITY ATTORNEY; FOR SAID PURPOSE; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 1 AN, EMERGENCY ORDINANCE G ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL ,1. APPOPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND; RECEIVED AND DEPOSITED PURSUANT TO ORDI- NANCE NO. 9257, ADOPTED APRIL 9, 1981,' THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF' $639,718.00, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FOR- FEITURE ACTIONS; CONTAINING A REPEALER PROVI- SION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11487 -AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 11332, ADOPTED JANUARY 25, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE, FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAIN- I ING,' THEREBY INCREASING SAID APPROPRIATION IN THE'AMOUNT OF $85,000, CONSISTING OF A GRANT FROM THE BUREAU OF .ALCOHOL, TOBACCO AND, FIREARMS; AUTHORIZING THE CITY WANAGER TO AC_ CEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM -ACCEPTABLE -.TO THE -CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPE- ALER PROVISION AND A SEVERABILITY CLAUSE; PRO- .VIDING FOR AN EFFECTIVEDATE; AND -PROVIDING FOR INCLUSION IN THE'CITY CODE: . ORDINANCE -NO. 11.468 %' AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE•140. 11337, AS AMENDED, ADOPTED JANU- ARY:25, 1996; CONTINUING AND REVISING PREVIOUSLY APPROVED -SCHEDULED CAPITAL IMPROVEMENT PRO- . JECTS 'AND ESTABLISHING -NEW. CAPITAL IMPROVE- j MENT PROJECTS TO BEGIN DURING FISCAL YEAR 1996 1997; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND.CITY CLERK;, CONTAINING" A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE I DATE. Said ordinances.may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. WALTER J. FOEMAN CITY CLERK O 4 (#4666) 5/16 97-4-051636M ,