HomeMy WebLinkAboutO-11250J-95-202
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ORDINANCE N0.
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
(f ADOPTED ON DULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMIEW TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $650,000 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
Camnission fulfilled the requirements of Sections 943.44(3)(9) and 943.44(5),
Florida Statutes (1980), relating to the proceeds fran the sale or other
acquisition of forfeited property; and
WHEREAS, Ordinance No. 10021, adopted on July 18, 1985, established
initial resources and initial appropriations for the "Law Enforcement Trust
Fund" (1=) in the amount of $1,896,825; and
WHEREAS, as a result of successful forfeiture actions there were
successive appropriations into the IMF presently amounting to a total of
$15,137,159 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835,
10865, 10901, 10933, 10946, 10984, 10996, 11025, 11037, 11083, 11109, 11147,
11173); and
WHEREAS, as a result of recent successful forfeiture actions there is an
additional $650,000 available to be deposited in the LETF; and
WHEREAS, none of the aforementioned $650,000 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 $15,137,159 $15,787,159
Appropriations: Law Enforcement Trust Fund $ar -3?T9 $15,787,159"
Section 3. The herein resources and appropriations for the LETF are
hereby increased by $650,000 as a result of additional monies deposited in
said Fund due to recent successful forfeiture actions.
Section 4. All expenditures of the $650,000 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. A11 ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are hereby
repealed.
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.
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Section G. 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
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 carry on the general functions and
duties of municipal affairs.
Section 8. The requirement 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 Canmission.
Section 9. This Ordinance shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this
BU1AX"IKY k(EV16w;
MANOHAR S. ST&
ASSISTANT CITY
1st day of May , 1995.
tULIMM P. LLbtwK,' R
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REVIEWED AS TO ACCOUNTING AND
i TREASURY REQUIREMENTS:
i
CARLW E , DIRECTOR
DEPARTMENT INANCE
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM AND CORRECTNESS:
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A. QUI II
CITY
M2139/ABS/sls
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
Cesa .o
FROM: City er
RECOMMENDATION:
DATE : Plm 2 7 1995 FILE :
SUBJECT: Proposed Emergency Ordinance
Amending Ordinance No. 10021
Law Enforcement Trust Fund
REFERENCES:
ENCLOSURES:
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 $650,000 as
a result of additional monies deposited into said fund due to
successful forfeiture actions.
BACKGROUND:
Ordinance No. 11147, amended Ordinance No. 10021, and established
resources and appropriations for the "Law Enforcement Trust
Fund", in the amount of $15,137,159. Successful forfeiture
litigation has resulted in an additional $650,000 being available
for deposit in the Law Enforcement Trust Fund.
The request for the appropriation of these monies is required to
fund previously approved programs and also to prepare for
expenditures the Police Department anticipates making in the near
future. All expenditures have been, or will be, brought before
the Commission for approval, by resolution, upon affidavit of the
Chief of Police that they 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 now being considered for Commission approval, or which
will be brought before the Commission in the near future. If
funding is delayed several of these programs will be unable to
operate.
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