HomeMy WebLinkAboutO-11413J-96-1 108
11/21/96
14, 13,
ORDINANCE NO.
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
$828,351.58, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN
SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
WHEREAS, by 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 $16,291,462.68 (Ord. Nos.
10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933,
10946, 10984, 10996, 11025, 11037, 11083, 11109, 11147, 11173, 11250, 11317)
and;
1 413
WHEREAS, as a result of recent successful forfeiture actions there is an additional
$828,351.58 available to be deposited in the LETF; and
WHEREAS, $397,931.50 of the total available funds is from successful joint
operations between the Department of Police and the U.S. Department of Justice; and
WHEREAS, an inherent requirement for receiving funds from the U.S. Justice
Department 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 RESOLVED 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:'
"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 $ 3 542J. 3 5 $16,217,579.08
U.S. Customs $ 270,120.08
U.S. Department of Justice $ 632.115.10
Appropriations: Law Enforcement Trust Fund $17,119,814.26
' 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.
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14IL3
Section 3. The herein resources and appropriations for the LETF are hereby
increased by $828,351.58 as a result of additional monies deposited in said Fund due to
recent successful forfeiture actions.
Section 4. All expenditures of the $828,351.58 will be made only with prior City
Commission approval by resolution upon affidavit of the Chief of Police that the
expenditures are legitimate Law Enforcement Trust Fund expenditures.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or
in conflict with the provisions of this Ordinance are hereby repealed.
Section 6. 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 7. This Ordinance is hereby declared to be an emergency measure in order
to insure that funds are available for the payment of expenses on projects which,
otherwise, will be unable to operate.
Section 8. 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 9. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED this 21 st day of 77;Z
LLO, MAYOR
A E T:
WALTER E AN, CITY CLERK
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11413
BUDGETARY REVIEW:
MICHAEL LAWN, DIRECTOR
DEPARTMENT OF FINANCE
PREP AND APPROVED BY:
ARLES C. MAYS
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q ,III
CITY ATT Y
W190:CSK
m
1141-3
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM: Me e
C' anager
RECOMMENDATION:
DATE: �^ ^ FILE
SUBJECT: proposed Emergency Ordinance
REFERENCES: Amending Ordinance No. 10021,
ENCLOSURES: L.E.T.F. Appropriation
It is respectfully recommended that the City Commission adopt the attached Emergency
Ordinance, as amended, increasing the appropriations for the Law Enforcement Trust Fund by
$490,659.58 as a result of additional monies deposited into said fund due to successful forfeiture
actions.
BACKGROUND:
Ordinance No. 11317, amended Ordinance No. 16021, and established resources and
appropriations for the "Law Enforcement Trust Fund"' in the amount of $16,291,462.00.
Successful forfeiture litigation has resulted in an additional $490,659.58 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.
11413 '
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
Sookle VAlllams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review Hk/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. 11413
In the ...........XXXXX ..................... Court,
was published in said newspaper In the Issues of
Dec 30, 1996
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the sold 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 xt preceding the first publication of the attached
cop of a ertisement; and afflont further says that she has
nsi or
d nor promised any person, firm or corporation
an die unt, rebate, commission or refund for the purpose
of ec ng this advertisement for publication In the said
3 0 Swam cemberribed before me this6
......
'day
oof ......................... A.D. 19......
(SEAL) / OFFICIAL NOTARY SEAL
Sookle Willis &—%'onali4nov�W& H MARMER
2 I �0 COMMISSION NUMBER
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