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HomeMy WebLinkAboutO-11529J-97-458 `7/16/97 ORDINANCE NO. 11529 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 $430,708.00, 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 EnforcementTrust 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 $17,759,532.26 (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 11486) and; 11529 WHEREAS, as a result of recent successful forfeiture actions there are additional funds, in the total amount of $430,708.00 available to be deposited in the LETF; 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. Section 2. Section 1 of Ordinance No. 10021, adopted July 18, 1985, as amended, is hereby amended in the following particulars:1/ "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 $16,317,579.98 $16,749,297.09 U.S. Customs $ 324,116.08 U.S. Department of Justice $ 1,117,837.10 Appropriations: Law Enforcement Trust Fund $17,759,532.26 S118,190,240.26" l� 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. -2- 11529 • Section 3. The herein resources and appropriations for the Law Enforcement Trust Fund are hereby increased by $430,708.00 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 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. - 3 _ 11529 Section 8. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED BY TITLE ONLY this 24th day of July 1997. JOE CAVnLO, MAYOR AT ES TER J. F E CITY C BUDGET AND AGEMENT ANALYSIS REVIEW: DIPAK PARE , D RECTOR APPROVED AS TO FORM AND CORRECTNESS: 11529 -4- tCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 13 TO: The Honorable Mayor and Members of the City Commission FROM: Edward City M, 0/ RECOMMENDATION: DATE: JUL 1 7 199 f FILE: SUBJECT: proposed Emergency Ordinance REFERENCES: Amending Ordinance No. 11486, L.E.T.F. Appropriation ENCLOSURES: 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 $430,708.00, as a result of additional monies deposited into said fund due to successful forfeiture actions. BACKGROUND: Ordinance No. 11486, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust, . Fund"' in the amount of $17,759,532.26. Successful forfeiture litigation has resulted in an additional $430,708.00 being deposited in the Law Enforcement Trust Fund. The request for. the appropriation of these additional 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 program expenses which, otherwise, will be unable to operate. t1529 1 • 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 Vk/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. 11531 inthe ...................... XXXXX ....................................... Court, was published in said newspaper in the issues of Aug 11, 1997 Affiant 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 further says that she has neither pai r promised any pars r corporation anFpaCpqr,4 nt, rebate, commies r fund f the purpose of is advertise for ublicati n in the said ne _ �• 11 Swo Subscribe re me this? y ........day of .......... ......................... ........... .19...... ARY SEAL ttERENA (SEAL) Z 't jn COMMiSSI N NUMBER CC566004 Octelma V. Ferbey�k 4. o� My C0fv1RRISSI0N EXPIRES FOF Flo JUNE 23,2000 - . CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take'notice that on the124th day of -July, 199], the City -Commission of Miami_ Fbiriiia,, adopted the following titled ordinances: Ih; ORDINANCE .NO. '11527- IAN EMERGENCY ORDINANCE AMENDING ' SECTION 2- . 1%53 OF'THE CODE OF THE CITY OF MIAMI, FLORIDA, AS ll' 'AMENDED,: TO • AMEND- THE .DEFINITION .OF A 1. i"EOBBYIST TO MORE SPECIFICALLY DEFINE , WHO 'SHALL BE CONSIDERED A .LOBBYIST; CONTAINING A REPEALER PROVISION,.A SEVERABILITY CLAUSE.AND PROVIDING FOR AN EFFECTIVE DATE.'., - ORDINANCE NO. 11528 AN EMERGENCY ORDINANCE AMENDING SECTION 1, SUBSECTIONS V-AND VI OF. ORDINANCE NO. 11337,'AS 1-AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL'-' fiMPROVEMENTS APPROPRIATIONS' ORDINANCE, TO . ESTABLISH TWO (2)' ''NEW CAPITAL IMPROVEMENT PROJECTS: "MIAMARINA DOCKMASTER'S OFFICE RENOVATIONS;" PROJECT NO. 413403 AND "WATSON , 1ISLAND -AVIATION "AND VISITORS CENTER," ..PROJECT ' cj NO. 344101 AND "APPROPRIATING FUNDS FOR SAID: PROJECTS; CONTAINING A REPEALER PROVISION AND ASEVERABILITY CLAUSE 'i ORDINANCE NO. 11 AN' EMERGENCY ORDINANCE mAIVIENDING 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, THEREBYPROVIDING" FOR -AN. INCREASE IN THE AMOUNT OF $403,708.00, AS A RESULT OF ADDITIONAL. MONIES DEPOSITED IN SAID FUND `DUE" TO SUCCESSFUL. FORFEITURE ACTIONS; CONTAINING A '!"REPEALER PROVISION AND SEVERABILITY CLAUSE. I ORDINANCE NO. 11,530 E AN EMERGENCY ORDINANCE AMEhbING-,SECTION 2-32• OF THE CODE 'OF THE CITY OF-MIAN}i FLORIDA, AS , ++ AMENDED, ENTITLED: "TIME AND'PLAC€-OF MIf&ING THEREBY CHANGING THE REGULAWMEETING DAYS OF : jjj ,v-,rY^,-- �� ' THE CITY COMMISSION TO THE SECOND AND`FUUH I H ' 8 TUESDAYS, :OF EACH MONTH FUfTLHIER, PROVIDING ^p THAT ALL LAND. USE ORDINANCES ! -PUBLIC HEARINGS, 'x +i WITH - CERTAIN EXCEPTIONS,;; ARE : PERMANENTLY' " ` SCHEDULED FOR PUBLIC HEARI1 6_„4I0R TO 5:00 P.M CONTAINING' A REPEALER,! PROVISION D AND V A SEVERABILITY CLAUSE; AND, PROVIDINGa)FOR AN'` s EFFECTIVE DATE. rj ORDINANCE. NO.11531 - f Z•'AWORDINANCE MENDING CHAPTER 22 OF THE CODE I 1I'OF THE' CITY. A'OF - MIAMI, FLORIDA, AS AMENDED IF THEREBY CREATING A .-NEW ARTICLE VI, ENTITLEDr I�°'DONATION- ; COLLECTION BINS CONTAINING ' -REPEALER PROVISION AND -A SEVERABILITY CLAUSE; , PROVIDING F,OR-AN'EFFECTIVE .DATE AND INCLUSION: IN THE CITY CODE. `ORDINANCE NO.:1.1532 n I� AN' ORDINANCE AMENDING SECTION 2-33, OF.. THE'. CODE -OF THE CITY OF MIAMI, FLORIDA;-AS AMENDED,. -ENTITLED- ",ORDER 'OF: BUSINESS AND -RULES .OF PROCEDURE" TO: (1) LIMIT THE-NUMBER''OF ITEMS ` 'I THAT MAY BE SCHEDULED -ON ; A REGULAR- CITY i 1 COMMISSION AGENDA TO NO.MORE THAN`60 ITEMS, (2) FIX CERTAIN TIMES -TO CONCLUDE. PUBLIC INPUT, AND/OR AGENDA ITEM CONSIDERATION, (3) .LIMIT THE I NUMBER OF NONSCHEDULED ("POCKET") ITEMS' THAT -MAY BE -INTRODUCED TO ONE-.POCKET'ITEM FOR EACH .. , -! COMMISSIONER -AND:TWO :POCKET ITEMS. FOR THE CITY MANAGER, AND (4) ESTABLISH PROCEDURES FOR-. THOSE' ITEMS ,REMOVED FROM THE. •CONSENT _. AGENDA;: 'MORE PARTICULARLY kBY ADDING' • NEW SUBPARAGRAPHS (4),(5) AND (6) TO PARAGRAPH.. (c) 'AND AMENDING PARAGRAPHS -(e) AND ,(i) OF -SAID SECTION;; CONTAINING A' REPEALERr.PROVISION, A I SEVERABILITY CLAUSE. ` AND PROVIDING 'FOR AN ! DATE. EFFECTIVE ORDINANCE NO. .'111533,.. AN ORDINANCE AMENDING, SECTIONS ll.. AND VI OF CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25,1996; ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS - TO BEGIN DURING FISCAL YEAR .1996-1997;--QONTAINING A REPEALERP. ROVISION AND A S�EVERABILITY.CLAUSE AND PROVID'ING.FOR AN EFFEUVE.DATE,..,. F":,Q RDINANCE.NO. 11534. SPECIAL . AL AN ' 'ORDINANCE.. ESTABLISHINd. A ''NEW REVENUE FOND ENTITLED: "DADE COUNTY -EMS GRANT AWARD.(FY '96297),l AND -APPROPRIATINP�jFUNDS FOR - THE OPERATION OF. -SAME IN THE TofAEAMOUNT . $444,096.00;_-CbNSISTING ;OF• A $148, 989.00,.GRANT APPORTIONED— BY METROPOLiTAN.'7. DADE COUNTY. FROM THE. STATE OF FLORIDA-DEPARTMENT OF HEALTH'"AND REHABILITATIVE SERVICES. "GRANT PROGRAM FOR COUNTIES," AND $295,109-00 IN CARRY= OVER FUND' BALANCE .FROM PREVIOUS' EMS GRANT AWARDS; AUTHORIZING -THE' CITY ,MANAGER TO ACCEPT,,SAID GRANT AWARD AND 'TO EXECUTE THE ..NECESSARY DOCUMENTS ' IN ' A FORM ACCEPTABLE TO THE" CITY.- . ATTORNEY; CONTAINING A, -'REPEALER, PROVISION' AND.A. �SEVERABILITY CLAUSE., -ORDINANCE NO. 11535,- AN ORDINANCE AMENDING I SECTION 11 OF ORDINANCE -A -25 NO. 11 3�7, AS MENDED, ADOPTED JANUARY I-1996,- THE CAPITAL IMPROVEMENTS, APPROPRIATIONS ORDINANCE, THEREBY' -ESTABLISHING A NEW- CAPITAL IMPROVEMENT PROJECT, 'NO. 313238, ENTITLED: "EMERGENCY . OPERATION CENTER," -FOR -THE DEPARTMENT OF FIRE -RESCUE, TO BEGIN, DURING -FISCAL -YEAR- 1996797;, APPROPRIATING FUNDS FOR ' SAID PROJECT;- CONTAINING A REPEALER. PROVISION I I' -ANDASLVERAB.ILITYCLAUSE­ ORDIINANCE NO.1 1536- AN EMERGENCY, ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND- -ENTITLED: :,-"PY- W:, WAGES/JTPA'JOB TRAINING AND EMPLOYMENT FOR WAGES PARTICIPANTS" AND APPROPRIATING. FUNDS, . FOR THE OPERATION OF, THE PROGRAM IN, THE AMOUNT OF $422,575 FROM THE STATE OF. FLORIDA. :WORK AND GAIN " ECONOMIC -SELF-SUFFICIENCY-. G JHE (WAGES) MANAGER GRANT TO AWARD; EXECUTEAUTHOR ­ THEIZIN-NECESSACITY RY I- AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; WITH THE -SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFECTC) FOR -THE ACCEPTANCE OF- SAID GRANT; .. CONTAINING'. A-,- REPEALER.PROVISIOW AND A'SEVERABILITY CLAUSE.;,' PROVIDING FOR AN EFFECTIVE DATE.: Said ordinances may be inspected by,the public at the Office of the .;ity Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding. holidays; -.between the hours of 8 a.m.-and 5- p-T WALTER J-.,FOEMAN--. CITY CLERK o "(#4700), > lC7 -may :: G-) M,