HomeMy WebLinkAboutO-11317J-95-872
10/15/95
ORDINANCE NO. 11317
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, TO PROVIDE FOR AN
INCREASE IN THE AMOUNT OF $504,303.68 TO SAID
FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS;
CONTAINING A REPEALER PROVISION AND A
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 $15,137,159 (Ordinance Nos. 10021, 10092, 10252,
10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946,
10984, 10996, 11025, 11037, 11083, 11109, 11147, 11173, and
11250); and
11317
WHEREAS, as a result of recent successful forfeiture actions
there is an additional $504,303.68 available to be deposited in
the LETF; and
WHEREAS, said funds are available, through successful joint
operations from U.S. Customs and the U.S. Department of Justice,
in the amount of $270,120.08 and $234,183.60, respectively; and
WHEREAS, an inherent requirement for receiving said funds is
the separate accounting for all revenues and expenditures of said
monies; and
WHEREAS, none of the aforementioned monies will be spent
without prior City Commission approval, by Resolution, as
required by City Code and Charter provisions;
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/
i� 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.
Asterisks indicate omitted and unchanged material.
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1131'7
"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
$15,787,159.00
U.S.
Customs
$ 270,120.08
U.S.
Department of Justice
$ 234,183.60
Appropriations:
Law
Enforcement Trust Fund
051787,i59.90
$16,291,462.00"
Section 3.
The
herein resources and
appropriations for
the LETF are hereby increased by $504,303.68 as a result of
additional monies deposited in said Fund due to recent successful
forfeiture actions through joint operations with U.S. Customs and
the U.S. Department of Justice, in the amount of $270,120.08 and
$234,183,60, respectively.
Section 4. All expenditures of the $504,303.68 will be
made only with prior City Commission approval by Resolution, as
required by City Code and Charter provisions, upon affidavit of
the Chief of Police that the expenditures are legitimate Law
Enforcement 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.
-3-
11317
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 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 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 Commission.
Section 9. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED BY TITLE ONLY this 26th day of
October , 1995.
ATTEST:
WALTER J. , CITY CLERK
BUDGETARY AND FINANCIAL REVIEW:
MANOHAR S.
ASSISTANT
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113t7
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QVIAN 60
CITY ..
-5-
CITY OF MI.AMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
Ces io
FROM : City q r
ii
RECOMMENDATION:
31
DATE : OCT 13 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 $504,303.68
as a result of additional monies deposited into said fund due to
successful forfeiture actions.
BACKGROUND:
Ordinance No. 11250, amended Ordinance No. 10021, and established
resources and appropriations for the "Law Enforcement Trust
Fund," in the amount of $15,787,159. Successful forfeiture
litigation has resulted in an additional $504,303.68 being
available for deposit in the Law Enforcement Trust Fund.
These monies are available as a result of joint operations with
U.S. Customs and the U.S. Department of Justice, in the amount of
$270,120.08 and $234,183.60, respectively. An inherent
requirement for receiving these monies mandates that the Miami
Police Department accounts seperately for all revenues and
expenditures of said monies.
The request for the appropriation of these monies is made to fund
previously approved programs and also for expenditures the Police
Department anticipates incurring in the near future. All
expenditures have been, or will be, brought before the Commission
for approval, by Resolution, as required by City Ordinance and
Charter, 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.
11317
CITY OF_MA�"'"'��I,i �
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
Octelme V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review UWa 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. 11316
In the ...................... 9Sx7fXXXXX................................ Court,
was published in said newspaper in the Issues of
Nov 6, 1995
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 paid nor promised any perso m or corporation
any discount rebate, commisslo fun for the purpose
of securi t is advertise ,f publi tion In the said
news r. /
.........................
.............. ..
Sworn to subscrf ore me this
6
ovemb 95
........d of...,,.......�
................... ........... ....... A.D. 19....
(SEAL) AGNES E. PENA
VOTARY PUBLIC STATE OF FLOP
Octelma V. Ferbeyre wdWmiefiWOM 0. CC 172108
All interested persons va We notice tm* on the 28tit day of OclWer,
19sa5, the City Commission of Miami, Flo & adopted the iWbwirtg titled
ordktancee:
011111101111111111ANCIEWIMS
AN EMERGENCY SHNG INITIAL
RESOURCES AND WnU APPROPMTIONS FOR A SPECIAL
REVENUE FUND ENTITLED: 'COPS. AHEAD'; AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT FPOM THE U.S.
DEPARTMENT OF JUSTICE; IN THE AMOUNT' OF Sk%OW, AND TO
EXECUTE ANY DOCUMENTS NECESSARY. IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, -SAID GRANT TO PROVIDE FUNDING FOR
SALARIES AND BENEFITS : FOR SIX NEW POLICE OFFICERS;
CONTAINING 'A , REPEALER PROVISION AND A SEVER/INLC1Y
CLAUSE.
ORDNANCE NO.11317
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1885, AS AMA, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPP40P ATOONS FOR THE LAW
ENFORCEMENT TRUST FUND, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT'OF' $504,303.88 TO SAID -FUND DUE TO VJCCiSSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
A SEVERABIL17Y CLAUSE.
CNDKOM NO.11318
AN EMERGENCY OWiNiANGE AMENDING SECTION t OF
ORDINANCE NO. 1120C ADOPTED NOVEMBER 17. 1994r AS
AMENDED. THE CAPITAL IAIIPROVEMENTB APPROPRIATIONS
ORDINANCE, THEREBY INCREASING APPROPRIATIONS FOR THE
CAPITAL IMPROVEMENT PROJECT ENT[RED: 'MIAMI RIVERSIDE
CENTER ACOUISTITOW, PROTECT NO. W1045. IN THE AMOUNTOF
SM752Z :APPFIDPRIATtN6i FUG IN &MD AMOUNT FOR 'SAID
PROJECT. FROM SPECIAL OBLIGATION- BONDS, SE11ES 1885;
CON?AINING , A REPEALER PROVtSKM+E : AND A SEVERABIM
CLAUSE. ,
0010IAHM NO: IMS
AN ORDINANCE AMENDING CHAPTER 1P OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:, %M;EETS AND
SIt)EWALKS- BY AMENDING SECIION,W104 ENTITLED: :NON-
STANDARD STREET WIDTHS", BY MODIFYING THE WIDTHS OF A
CERTAIN STREET; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, ANDPROVIDWG FOR AN EFFECTIVE DATE.
ORD14ANCE"ND.11330
AN ORDINANCE ESTAW381HINCi A SPECIAL NEVENUE FUND
ENTITLED; 'SAFE HAVEN'S GRANT FOR OUTREACH TO MENTALLY'
ILL INDIVIDLKW _AND . APPROPRIATING FUNDS FOR; THE
OPERATION OF SAME IN fiHt AMOUNT OF 372,550 CONSISTING OF
A GRANT FRQM THE uwnm STATES DEPARTMENT OF HOU81NIa
AND URBAN DEVELOPMENT. ('USHUD•) THROUGH NORTH WEST
DADE MENTAL, HEALTH CENTER; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD FROM USHUD AND TO
EXECUTE THE NECESSARY DOCUMELT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
�CLAUSE.
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
ORDNANCE NO.11-Al
AN ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE
FUNDS UNDER THE TWO TITLES LISTED BELOW AND
APPROPRIATING FUNDS FOR THE OPERATION OF, EACH OF THE
TWO (2) NEW SPECIAL IE1 MUE FUNDS IN. THE AMOUNTS AS
FOLLOWS: GOOMBAY PLAZA HUD SECTION 10% $2,W0,000.00;
GOOMBAY PLAZA ECONOMIC DEVELOPMENT INITIATIVE GRANT,
$3W.000.00 AS APPROVED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ('HUD') FOR A TOTAL
COW APPROPRIATION OF $2,3Otj,000.00; CONTAINING A
lF+EPEYkR PROVISION AND A SEVERABILITY CLAUSE.
I1 `-rs CRDNIANCE NO.11322
` XN `7M9011NANCE AMENDING THE ZONING ORDINANCE BY
AM DING SECTION 401,- 'SCHPMJLE OF DISTRICT REGU)LA-
TO ALLOW, AS. A CONDITIONAL PRINCIPAL USE IN PR -
AND RECREATION Z INN DISTRIM. . CAMPING
FACILITIES BY 'SPeCIAL OWEPTIOFI WITH CTIY COWASSIXIN
APPROVAL ONLY AND SUBJECT TO -'CERTAIN 'EXCEPTWINS:
CONTAMING- A` FM*JLER PROVISION AND A SEVERAE(ILT Y
CLAUSE; AND PROVIDING. FOR AN EFFECTIVE DATE.
NN>sa�1�.
AN ORDINANCE AM0011111418 TW ZONING ORDINANCE BY
AMENDING SECTN4N 401 'SClIEDl1U.E OF DWTWT REG ULA-
110046 TO widblF`It T IE LiMITATIOW FOR LAUNDRY z AND DRY
F�IYt,iS WITHP) C 1