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HomeMy WebLinkAboutO-11083J-93-374 5/21/93 11083 ORDINANCE NO. 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 PROVIDE FOR AN INCREASE IN THE AMJUNr OF $955,122 AS A RESULT OF ADDITIONAL M13NIES 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 LETF presently amounting to a total of $10,244,500 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946, 10984, 10996, 11025, 11037); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $955,122 available to be deposited in the LETF; and WHEREAS, none of the aforementioned $955,122 will be spent without prior City Commission approval by Resolution; and i 11083 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:/ "Section 1. The following resources and appropriations hereby established for the "Law Enforcement Trust Fund": Fund Title: Law Enforcement Trust Fund Resources: Proceeds of Forfeited Property $10,244,500 $11,199,622 Appropriations: Law Enforcement Trust Fund $10,244,500 $11,199,622" Section 3. The herein resources and appropriations for the hereby increased by $955,122 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 4. All expenditures of the $955,122 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. 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 11083 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 Muni 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 7th day of September , 1993. �XAVIER L. S Z, R MATTY HIRAI, CITY CLERK PEPIM •.•. M•BUDGET -3- 11083 FINANCIAL REVIEW: ax� GARCIA, DIRECTOR DEPARTMENT OF FINANCE PREPARED AND APPROVED BY: ALBEWINE B. SMITH CHIEF ASSISTANT' CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -4- 11083 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Ces dlo Cit ager DATE ' UUN 1 61993 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 $955,122, as a result of additional monies deposited into said fund due to successful forfeiture actions. Ordinance No. 11037, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $10,244,500. Successful forfeiture litigation has resulted in an additional $955,122 being available for deposit in the Law Enforcement Trust Fund. The request for the appropriation of these monies is required for the funding of the Digital Microcomputer, Overtown Neighborhood Partnerships, Vehicle Storage (Garage #5), Relocation and Assistance to Homeless, Protracted/Complex Investigation (TRP), Upgrade of the Computer Aided Transcription System, Rental Vehicles, Encrypted Radios, Liberty City Optimists, Youth of America, Guardian Ad Litem, and the MMAP Kingian Non -Violence Workshops. 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. 11083 -� 41 - Mian05) 377-3721 -DAUY WHNE&S RE, MW Broward (305) 468-2600 / (305) 94"57 FLORIDA S NEWSPAPERS OF ENTERPRISE. REAL ESTATE AND LAW — Palm Beach (407) 820.2060 A/ Affillates Of Time Warner Inc r V Fr ' I DAILY BUSINESS REVIEW P.O. BOX OIOS89 7 MIAMI, FL 33101-0589 J� PL R:TJR. SALES CODE ORDER NUMBER CUSTOMER NO. CODE DEPARTMENT L DESCRIPTION " LL_ „_'Y O` MT _ j FL 3��� �'^ •�1 Tom. ..0 ? Z'-� TERMS: NET DUE ON RECEIPT OF INVOICE ILA DATE INVOICE 4�7? UNIT PRICE AMOUR 7;,_ !� SUBTOTAL ? _ SALES TAX 7 ' 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 Bookie Wllllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/kla 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. 11083 In the ........X.. X.. X ........................ Court, was published in said newspaper in the issues of September 17, 1993 Afflant 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 &t,rebste, preceding the first publication of the attached isement; and afflant further says that she has or promised any person, firm or corporation rebate, commission or refund for the purpose his ad rtisement for publication in the said .........'.....`' Swom to and subscribed before me this 17 S e t emb er •�''- p�~eti9 ...... day, o�f ........ ..�..........i," (SEAL) v- •1.Y!!c p f Sookla Williams personally known to me. •._ OF Ft_, OFFICIAL NOTARY SEAL CHERYL H MARMER COMMISSION NO. CC19lfAt,2 MY COMMISSION %XP. APR. 12,19➢6 LEGAL NOTICE CITY"r _1AM19 FLORIDA All interested pei—ns will take notice that on the 7th day of September, 1993, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 11080 AN ORDINANCE AMENDING ORDINANCE NO. 10938, ADOPTED DECEMBER 5, 1991, AS AMENDED, THE CAR ITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH- ING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1992-93 IN THE PRO- GRAM AREAS OF TRANSPORTATION AND PHYSICAL ENVIRONMENT; CONTAINING A REPEALER PROVI- SION, SEVERABILITY CLAUSE. ORDINANCE NO. 11081 AN ORDINANCE ESTABLISHING A NEW SPECIAL REV- ENUE FUND ENTITLED: ''FEDERAL HOME INVESTMENT PARTNERSHIPS GRANT PROGRAM (SECOND YEAR)," AND APPROPRIATING $3,493,000 FOR EXECUTION OF SAME AS APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT (HUD) FOR IMPLEMENTATION OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM: CONTAINING A REPEALER PROVISION AND SEV- ERABILITY CLAUSE. - ORDINANCE NO. 11082 AN ORDINANCE ESTABLISHING FIVE (5) NEW SPECIAL REVENUE FUNDS ENTITLED: "JTPA TITLE I/OLDER WORKER (PY' 93)", "JTPA TITLE RCINEIGHBORHOODS JOBS PROGRAM (PY'93)", "JTPA TITLE III PROGRAM (PY'93)", AND "OFFICE OF INTERGOVERNMENTAL LIAISON (PY'93)", AND APPROPRIATING FUNDS FOR OPERATION OF EACH COMPONENT IN THE RESPEC- TIVE AMOUNTS OF $28,000, $429,000, $429,000, $102,000 and $90,000 FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARDS AND ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11083 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INI- TIAL 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 $955,122 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FOR- FEITURE ACTIONS; CONTAINING A REPEALER PRO- VISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11084 AN ORDINANCE ESTABLISHING THREE (3) NEW SPE- CIAL REVENUE FUNDS ENTITLED: "WAGNER-PEYSER 7(B) DISCRETIONARY FUNDS"; "PROJECT INDEPEND- ENCE (FY'93-94)", INDIVIDUALS WITH DISABILITIES (FY'93-94)", AND "OFFENDERS FY'93-94)"; APPROPRI- ATING GRANT FUNDS IN THE RESPECTIVE AMOUNTS OF $47,678, $50,960, AND $56,952 FROM THE STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOY- MENT SECURITY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARDS AND ENTER INTO THE NECESSARY IMPLEMENTING AGREEMENTS, IN A FORM ACCEPTABLE WITH THE CITY ATTORNEY, WITH THE STATE OF FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11085 AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, THEREBY ASSESSING A LATE PAYMENT PENALTY FOR THE CER- TIFICATE OF USE RENEWAL FEE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays. between the hours of 8:00 a.m. and 5:00 p.m. (#1098) CtY 0 CITY CLERK CITY C lorr rjY CITY OF MIAMI, FLORIDA 9/17 93-4.091732M