HomeMy WebLinkAboutO-11565J-97-742
10/16/97
ORDINANCE NO. 11565
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 $672,453.00, 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 (11LETF11)11 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 $21,394,296.26 (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, 11486, 11529, and 11542); and
11565
•
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WHEREAS, as a result of recent successful forfeiture actions
there are additional funds, in the total amount of $672,453.00
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: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 °",918,287 "4 $ 7,137,367.08
U.S. Customs $ 2,963,807.08 $ 1#429,122-0R
U.S. Department
of Justice $ !,382,202.10 $ 10503,060_10
Appropriations: Law Enforcement
Trust Fund $21,394,296.26 $22,099,749_26°
Id 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_
Section 3. The herein resources and appropriations for
the Law Enforcement Trust Fund are hereby increased by
$672,453.00 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 A�+��
0 - 0
Section 8. This Ordinance shall become effective
immediately upon adoption.
PASSED AND ADOPTED BY TITLE ONLY this 28th day of
October 1997.
AT(T
WAL ER J. FORMAN
CITY CLERK
BUDGET AND T.E
,; ANALYSIS REVIEW:
DIPAK PARE , DIRECTOR
APPROVED AS TO FORM AND CORRECTNESS:
A! QJMNN JODIES, -I I
CITY ATT EY
W375:BSS
- 4 - 11565
i
® CITY OF MIAMI, FLORIDA •
INTER -OFFICE MEMORANDUM
To : The Honorable Mayor and Members DATE: OCT 7 FILE:
of the City Commission
SUBJECT: Proposed Emergency Ordinance
FROM: Edward Marquez REFERENCES: Amending Ordinance No.11542
City Manager ENCLOSURES: L.E.T.F. Appropriation
RECOMMENDATION:
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
$672,453.00, as a result of additional monies deposited into said fund due to successful forfeiture
actions.
BACKGROUND:
Ordinance No.11542, amended Ordinance No. 10021, and established resources and appropriations
for the "Law Enforcement Trust Fund" in the amount of $21,394,296.26. Successful forfeiture
litigation proceedings have resulted in an additional $672,453.00 being deposited in the Law
Enforcement Trust Fund.
The request for the appropriation of these additional monies is required to fund approved programs
that are legitimate Law Enforcement Trust Fund expenditures..
This Ordinance is being presented on an emergency basis in order to insure that funds are available
for the payment of program expenses which, otherwise, will be unable to operate.
1y5�5
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11565
In the ...........XXXXX...................... Court,
....
w$g p MITI i' sal. ggti paper In the Issues of
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 y xt preceding the first publication of the attached
cop of ad rtisement; and afflant further says that she has
nelt or pal nor promised any person, firm or corporation
any Isco t, rebate, commission or refund for the purpose
of s cu g this a Art
isement for publication in the said
no er.
14 S end ibe d be
...... ay of ............ ..... .. 19......
(SEAL) L.1
Y AUOFFICIAL NOTARY SEAL
Sookie Williams pe NETT LLERENA
COiliflAfSS(OW NUMBER
Q CC566004
'e�� MY COMMISSION EXPIRES
Flo JUNE 23,2000
CITY OF'MIAM1, FWAWA
LEGAL NOTICE
All . interested, persons will take:.nohce that on ; the' 28th day of
October 1997;Lthe-City Commission _of Miami, Florida; adopted"the `
following' titled ordinances:
ORDINANCE NO.11569
AN EMERGENCY ORDINANCEESTABLISHING_A SPECIAL, ;
nCv CI\VG-f Nu GIv!I LGu.vu,.�r.v • •.
AL :GRANT AWARD?PROGRAM FY •97'=96"r.=
ING ; FUNDS. FOR THE OPERATION''; OF
AMOUNT OF $27,389.001 AUTHORIZING THE
GER TO :ACCEPT": A',GRANT FROM THE
PARTMENT .`OF ENVIRONMENTAL PF
AND TO EXECUTE THE NECESSARY I
FORM ACCEPTABLE:TO.THE CITY A'
PLEMENj ACCEPTANCE OF ,SAID GR
A REPEALER PROVISION.AND: A SEVEI
ORDINANCE NO. is(
AN EMERGENCY, ORDINANCE. AMEN[
,16.IF`THE' CODE OF _THE. CITY.OF-�QI1
AMENDED, ENT ITLED:'PROHIBITIO,NU
CESS' THEREBY: ESTABLISHING-
ci�Feur•�e�= aFePntJRiRIIITV' FO1=F
"TO AN
FOR AN EFFECTIVE DATE ORDINANCE N0.11561
AN EMERGENCY -•ORDINANCE AMEND!.
285; ENTITLED ;,'EMPLOYEESIGENERAI
V ENTITLED-' 'SOUTHEAST . OVERTO'
RFDEVELOPMENT DISTRICT^AND COIF
` SIGNATING'THE -DIRE(
PLANNING AND .DEVE
CUTIVE OFFICER 00'.
TIONAL STAFF
,SUPPO
REPEAL'ER•PROVISIOlh
PROVIDING-FoFfAN EF
ORDIF
AN•'EMERGENCY •ORD
OF -;CAPITAL;," IMPROVE
AS', AMENDED"ADOPT
REVISING. AND_ESTABI
MENT PROJECTS TO B
1998; CONTAINING A
' `SEyERABILITY .CLADS
FECTIVE DATE
ORDII
AN EMERGENCY .ORE
AMENDING THE CODE
'AS `AMENDED, TO , P
POSSESSION; AND-6
VERAGES •AT THE' FI
LEGALLY DESCRIBED:
I' uCOC7n" 'AK16i AAenF.
..iwuvani.�; of NYIL.\
OF S_AID' CODE; CON
AND A SEVERABILITY
ORDI
AN EMERGENCY ORE
TATION OF CHARTEF
ING SECTIONS OF Tf
rn noln& - &Q eMGnin
SIONS ' RE
SINGLE ME
AMENDING
35, 38, 40.
PROVIDING
WA DE-
*! (DEP)
ITS,. IN A
TO..IM-
ITAINING.
3LAUSE.'
Or SEC54-
Wrt FLORIDA AS.
1tEHICUtAR AC ®_
r
s
3. SECTION 14= _
Y' OF ARTICLE
N/PARK WEST,',,
IUNITY,* REDEV-,
CODE ;.OF;THE•,;"%.
THEREBY.,DE •i `.
P_ , E. OF
IE-CHIEF EXE=
IOVOING Ab '
CONTAINING:A
31LITY_ CLAUSE;
IG S-ECTIONS:,1
ICE . NO, =111337
.t,r711V0'ryCW-�//1CU/1L nr -
EGIN',DURING FISCAL YEAR 1997- -.
REPEALER.; PROVISION AND:`A;-
E_AND":PROVIDING;FOR AN "EF
IANCE'WO 115f 3
FINANCE .-WITH`.:'ATTACHMENT(S),:
OF THE CITYOF MIAMI`, FLORIDA,:
_RMIT ,THE" SALE,, DISPENSING,.:
)NSUMPTION-OF ALCOHOLIC CBE-•::
C:=PROPERTY,, M'IAMI, FLORIDA,
ON.`ATTACHMENT.'A'; ATTACHED
A - PART: HEREOF; MORE; PAR
)ING SECTIONS 38=69.. AND` 38-70 '
AINING.A,REPt, LERFPROVISION:
3LAUSE
4ANCE NO.11564
NANCE`RELATING TO.'IMPLEMEN
`AMENDMENT:, NO'-'t;. BY AMEND*"
E CQDE OF THE CITY OF MIAMI
D TO_,EFFECTUATE THE PROVI
THE -EXECUTIVE .,MAYOR AND
fRICTS .MORE-;PARTICt1LARLY: BY.. '
3.1.,.2; 4 11 1.4, -16, 18; 22; 23, 29;
i `OF:,SAID";CODE;,CONTAINING'A
N AND; A SEVERABILITY,.CLAUSE; •
FFECTIVE DATE
•
Fj
ORDINANCE; NO 11565 l
[7'AN 'EMERGENCY ORDINANCE ING ORDINANCE
LY .18 .1995 AS 'AMENDED,
NO: ,10021.. ADOPTED JU .
'WHICH'ESTABLISHED INITIAL RESOURCES.AAND INITIAL -
APPROPRIATIONS FOR THE LAW, ENFORCEMENT. TRUST . ,
FUND, RECEIVED AND. DEPOSITED PURSUANT —TO ORDI .'_.
:--'=NANCE NO: 9257; ADOPTED-APRkL , 1913t;, THEREBY
l PROVIDING, FOR..AN INCREASE' IN THE AMOUNT .OF
$672;453.00AS A RESULT OF ADDITIONAL MONIES'DEP
OSITED" IN SAID FUND DUE. TO SUCCESSFUL FORFEI
TUBE ACTIONS CONTAINING A REPEALER PROVISION
AND SEVERABILnY-,CLAUSE:
OtDINANCE N011567
AN AMENDING THE CITY,CODE CHAPTER 4
ENTITLED:".;ALCOHOLIC BEVERAGES'' BY AMENDING'
SECTION:4=.1 ENTITLED''EXCEPTIONS.-.TO:DISTANCE
REQUIREMENTS ,TO'ADD•�EXCEPTIONS. FOR .LEGITI
.MATE -:.:MATE .,ESTABLISHMENTS!_:WHICH 'PRECEDE
BCHOOLS.;OR CHURCHES;'�CONTAINING' A'REPEALER
PROVISIOWAND A-SEVERABILITY: CLAUSE; AND PRO
VIDING,FOR AN EFFECTIVE,DATE
ORDINANCE -NO 11568
AN ORDINANCE 'AMENDING THE.:ZONING ORDINANCE i + J
BY AMENDING SECTION 1101_.5 TO'SET-FORTH REGULA {I
TIONS CONCERNING THE STATUS , OF. LEGITIMATE y
LIQUOR' ESTABLISHMENTS`WHICH PRECEDE CHUR
CHES OR _SCHOOLS CONTAINING•;A REPEALER PROVI
SIOWAND SEVERABILITYicLAUSE; AND PROVIDING FOR
-AN EFFECTIVE DATE.
=s
ORDINANCE NO .11569
AN ORDINANCE AMENDING ORDINANCE NO:'11000 :THE
ZONING :ORDINANCE BY ".AMENDING ARTICLE .6,. SEC '
.TION 602:11 TO MODIFY ;SIGN REGULATIONSFOR;THE
-SD-2 COCONUT GROVE CENTRAL ;COMMERCIAL ;DIS
TRICT;.'TO,CONDITIONALL:Y ALLOW'.FREE-STANDING_ D1
RECTIONAL SIGNS;;'CONTAI-NING A- REPEALER PROVI
SIGN• AND, A SEVERABILITY CLAUSE; AND" PROVIDING
FOR AN EFFECTIVE DATE
ORDINANCE NO .11570
AN ORDINANCE' AMENDING -THE ZONING ATLAS OF,THE
CITY'OF MIAMI .FLORIDA„FORTHE PROPERTY LOCAT
ED AT 1548 LL BRICKEAVENUE:_BY :ADDING THE: HP
HISTORIC `PRESERVATION;OVERLAY-..DISTRICT;^ CON
TAINING A REPEALER PROVISIQN'AND d SEVERABtLITY
CLAUSE ;'AND: PROVIDING fOR AN,EFFECTIVE DATE: ;
ORDINANCE NO 11571
AN EMERGENCY ORDINANCE AMENDING SECTION.'53
,.152 OF THE CODE'OF THE,CITY OF MiAMI„FLbRIDA, AS
AMENDED; ENTITLED % 'RATES AND CHARGES', PER
TAINING TO. USER FEES FOR NON=PROFI7 ORGANIZA
TIONS AT THE COCONUT.GROVE;CONVENTION;CENTER i
THEREBY CHARGING r FEES;. CONTAINING •A,- REPEALER
PROVISION AND A SEVERABILITY'CLAt1SE.. "
Said ordinances may,l�e inspected by'the public at the Office of the
City Clerk,.3500. Pan Amencan Drive Miami Florida, Monday.througii
Friday, excluding holidays' between the hours of 6 a.m: and s p.m.
u�
' WALTER J FOEMAN
* n CITY CLERK
FW S I
(#47.35)
97 4=11tdd�If?
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