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HomeMy WebLinkAboutO-11037J-93-101 1/26/93 ORDINANCE NO. 110 A 7 AN EMMiCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON 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, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $442,500 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 on 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 LEW presently amounting to a total of $9,802,000 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946, 10984, 10996, 11025); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $442,500 available to be deposited in the LETF; and WHEREAS, none of the aforementioned $442,500 will be spent without prior City Commission approval by Resolution; and 11037 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, oil 10 1r� 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 $9,802909 S10,244.500 Appropriations: Law Enforcement Trust Fund $9,802,009 S10,244,500" Section 3. The herein resources and appropriations for the LETF are hereby increased by $442,500 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 4. All expenditures of the $442,500 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. 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. 11037 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 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 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 this 9th day of _ Al I'E74IRAI, , xL CITY CLERK BUDGETARY S. SURANA, DIRECTOR • OF Dr 11037 FINANCIAL REVIEW: (0,52'� E. GARCIA, DIRECTOR DEPARTMENT OF FINANCE PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 11103'7 CITY 0= tfiA%1i. FLORI: A INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of th ity Commission FROM : Cesar H. Odio City Manager DATE : FEB _ 11993 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 $442,500, as a result of additional monies deposited into said fund due to successful forfeiture actions. Ordinance No. 11025, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $9,802,000. Successful forfeiture litigation has resulted in an additional $442,500 being available for deposit in the Law Enforcement Trust Fund. The request for the appropriation of these monies is required for the funding of Two Marine Patrol Vessels, the "Do The Right Thing" Program, the Samaritan Salt Factory, the Anti -Crime Prevention Education Program, The Efficacy Institute, the Anti - Drug and Crime Prevention Parade Float, and the increased cost of the Firearms Deadly Force Training Video. 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. If funding is delayed several of these programs will be unable to operate. 11037 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDU Sgt. Thomas Roell Legislation/Special Projects Business Management Section Ileana Aguirr Administrative Assistant I Business Management Section Ve�P� I� �.U�,- DATE : December 15th, 1992 FILE SUBJECT : L . E . T . F . Emergency Appropriation REFERENCES: ENCLOSURES: Please prepare the appropriate legislation for an emergency appropriations ordinance from the Law Enforcement Trust Fund, in the amount of $ 442,500, for the following programs: Firearms Deadly Force Training Video 42,000 Marine Patrol Vessels 90,000 Do The Right Thing Program 148,000 Samaritan Salt Factory 20,000 Anti -Crime Prevention & Education Programs 100,000 The Efficacy Institue 25,000 Anti -Drug & Crime Prevention Parade Float 17,500 Total: S 442,500 11037 Y MIAMI 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 Super- visor, Legal Notices of the 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 RE: ORDINANCE NO. 11037 X X X inthe ......................................... Court, was published in said newspaper in the issues of February 18, 1993 Affiant further says that the said Miami 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 c dvertisement; and affiant further says that she has n pat nor promised any person, m or corporation an o t, r ate, commission or ref for the purpose o e ri this advertisement for 18 th day of /,. . (SEAL) Octelma V. / �g/, Sworn to and subscribed before me this I ..I....... A.D. 19...93. to me. OFFICIAL NOTARY SEAL CRI5IINA INGELMO COMMISSION NO. CC101081 MY CON4MISS10N I". APR. 5,1995 CILTY OF IIAM19 FLORIDA . LEGAL NOTICE All interested persons will take notice thatybn the Oth day r> of February, 1993, the City Commission of tMila 0 Floride, adopted the following titled ordinance: ORDINANCE NO.11037 AN EMERGENCY:ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON 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, TO PROVIDEFOR AN INCREASE IN THE AMOUNT OF $442,500 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FOR- FEITURE ACTIONS; CONTAINING A REPEALER PROVI SOON AND SEVERASILITY CLAUSE. Said ordinance may be inspected by the public at the Office of the City Clerk, 3500 Part American Drive, Miami, Florida, Monday. through Friday, excluding holidays, between the hours of &.00 a.m. and 5:00 p.m. MATTY HIRAI u CITY CLERK (M1025) MIAMI, FLORIDA 2I18 93,4-021867M