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Home My WebLink AboutO-10944J-92-82 1/23/92 10944 ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10914, ADOPTED SEPTEMBER 11, 1991, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "HOMELESS PROJECT", THEREBY INCREASING REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $250,000, CONSISTING OF ONE HUNDRED THOUSAND DOLLARS ($100,000) FROM THE DOWNTOWN DEVELOPMENT AUTHORITY, SUBJECT TO DOWNTOWN DEVELOPMENT AUTHORITY BOARD APPROVAL, AND ONE HUNDRED AND FIFTY THOUSAND ($150,000) FROM THE OFF-STREET PARKING AUTHORITY TO COVER DIRECT COSTS RELATED TO ASSISTING HOMELESS PERSONS IN THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, on September 11, 1991, the City Commission approved Ordinance No. 10914, establishing a Special Revenue Fund for the City of Miami's component of the Community Homeless Emergency Plan and appropriated $90,000 to said Fund; and WHEREAS, on November 22, 1991, the City filed a notification to the court of its intent to fence and vacate the I-395 and Lummus Park sites and offered shelter to any displaced homeless persons residing at said site for a period of up to three (3) months; and WHEREAS, the American Civil Liberties Union (ACLU) objected to said shelter and on December 5, 1991, the Court entered an order temporarily prohibiting the City from implementing said plan; and 10944 WHEREAS, on December 12, 1991, Judge Atkins ruled that the City may fence the I-395 and Lummus Park sites provided that the City offer comparable or better shelter to the approximately 125 to 150 homeless persons then residing at said sites; and WHEREAS, the program for which funding is appropriated is a joint City/County effort to comply with the requirements of the Court Order issued on December 12, 1991, which included a provision to allow the City to fence the subject areas and move and maintain the homeless individuals, with the City and County each providing $250,000 toward said effort; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 4 of Ordinance No. 10914, adopted September 11, 1991, is hereby amended in the following particulars.-/ .1/ "Section. The following Special Revenue fund is hereby established and resources are hereby appropriated as described herein: Fund Title: "Homeless Project" Resources: Downtown Development Authority Loan RESOLVE Off -Street Parking Authority Appropriations: Homeless Project GGi •�• $ 15,000 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- 10944 Section 2. This Ordinance hereby appropriates an additional $250,000 from Off -Street Parking Authority ($150,000) and Downtown Development Authority ($100,000), subject to Downtown Development Authority Board approval, for costs required to maintain the trailer site, social workers, and shelter costs for placement of homeless persons. Also, the City Manager is hereby authorized to execute any necessary agreements regarding implementation of this project or amended. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. 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. Section 6. 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 7. This Ordinance shall become effective immediately upon its adoption. -3- 10944 PASSED AND ADOPTED this 23rd day of January , 1992. VIER L JUAREZ, MAYOR ATT�ST MATfl HIRAI CITY CLERK FINANCIAL REVIEW: CA GARCIA, DIRECTOR FINAN DEPARTMENT BUDGETARY REVIEW: xyk MANOHAR S . ,'; NA ASSISTANT MANAGER PREPARED AND APPROVED BY: E. MAXWELL C EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: QuINN NES, III CITY AT EY JEM/db/osk/M877 -4- 10944 CITY OF MIAMI, FLORIDA 1 INTER -OFFICE MEMORANDUM TO DATE Honorable Mayor and Members �9 ';: a, "^+ FILE of the City Commission �; %2 SUBJECT : Approval of Emergency Amendment to Appropriations Ordinance No. 10914 for FROM REFERENCES: Mess Project Cesar H. Odi w City Manager ENCLOSURES: RECOMMEriDATION It is respectfully recommended that the City Commission approve the attached emergency amendment to Appropriations Ordinance No. 10914, approved on September 11, 1991, in order to implement the joint City of Miami/Dade County homeless assistance project under the I-395 expressway system and at Lummus Park. The increase to the amount of the appropriation is to be two hundred and fifty thousand dollars ($250,000). This amount consists of one hundred thousand dollars ($100,000) from the Downtown Development Authority (DDA), and one hundred and fifty thousand dollars ($150,000) from the Department of Off - Street Parking (DOSP). The proposed budget (see attached) for use of these funds includes costs required to maintain the trailer site, social workers, and shelter costs for placement of homeless persons located on the site as of approximately December 1, 1991. On September 11, 1991, the City Commission approved Ordinance No. 10914, establishing a Special Revenue fund for the City of Miami's component of the Cow.inity Homeless Emergency Plan. The Ordinance also appropriated $90,000 to that fund. On November 22, 1991, the City, in accordance with the Court's order entered March 18, 1991, filed a notification to the court of its intent to fence and vacate the I-395 and Lunmus Park sites. The City offered shelter to any displaced homeless persons at this time for a period of up to three (3) months. The ACLU objected to this and on December 5, 1991, the court entered an order prohibiting the City from implementing its plans. A hearing was set for December 12, 1991. On December 12, 1991, Judge Atkins ruled that the City may fence the I-395 and Lummus Park sites provided that they offer comparable or better shelter to the approximately 125 to 150 homeless persons currently residing at these sites. The program for which funding is being appropriated at this time is a joint City/County effort to comply with the court's requirements as stated in the order issued on December 12. The City and County will each provide $250,000 toward this effort. Judge Atkins also required that an Oversight Committee be Page 1 of 2 10944 formed to ensure that the City complied with the order and to resolve any other disputes that might arise. The program will otherwise operate in the same manner as which the CHAP Program operated last summer/fall. Emergency approval of this ordinance amendment is required in order to ensure that the funds are available to make the necessary payments in connection with this Nameless Program which began on January 21, 1992. 10944 2 Page 2 of 2 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 Sookle Willams, who on oath says that she is the Vice President of Legal Advertising 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 MIA U ORDINANCE NO. 10944 In the ....... X. X..X.......................... Court, was published In said newspaper in the Issues of February 3, 1992 Afflant further as that the said Miami Review to 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 Co nty, Florida, for a period of one year next preceding the fl blication of the attached copy of advertisement; and affian fu her says that she has neither paid nor promised any Pere or corporation any discount, rebate, commission or u for the purpose of securing this advertisement for publ on In the Bald newspaper. w .'S ykPcrl d before me this .,_ ...,,4.13.19.92... (SEAL) ..,..• "OFFICIAL NOTARY SEAL' OCTELMA V. FERBEYRE MY COMM. EXP. 7/9/94 CITY OR MIAMI, FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 23rd day of January, 19M too City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.10944 AN EMERGENCY O RAWNWCOE AMENDING ORDINANCE NO. 10914, ADOPTED SEPTEMBER 11, 1991, WHICH ESTABLISHED A SPECIAL REVENUE FUND ENTITLED "HOMELESS PROJECT", THEREBY INCREASING REVENUES41ND APPRO. PRtAT1ONS IN. THE AMOUNT OF 5250,000,t CONSISTING OF ONE HUNDRED THOUSANID DOLLARS (SIMPM FROM THE DOWNTOWN DEVELOPMENT AUTHORITY, SUBJECT TO ; DOWNTOWN DEVELOPMENT AUTHORITY BOARD APPROV- AL, AND ONE HUNDRED AND F*TY TF AND (=154,000) FROM THE OFF-STREET PARKING AUTHORITY TO COVER . DIRECT COSTS RELATED TO ASSISTING HOMELESS PERSONS IN THE CITY OF MIAMII; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10046 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10938, AS ADOPTED DECEMBER '5, 1991, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE TOTAL APPROFNATK)N TO THE CAP1 TAL PROJECT ENTITLED "ORANGE BOWL MODERNIZATION - PHASE It", PROJECT NO. 404238,. BY $7,000,000; SAID AMOUNT TO BE MADE AVAILABLE FROM THE PROFESSIONAL SPORTS FRANCHISE FACILITY TAX BONDS PROCEEDS ALLOCATED TO THE ORANGE BOWL BY METROPOLITAN DADE COUNTY RESOLUTION OF INTENT NO. R-151E-9}!, ADOPTED DECEMBER 19, 1991, WITH CASA FLOW TO BE PROVIDED THROIIGH A TEMPORARY LOAN FROM SPECIAL ASSESSMENT LIENS FUND; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Said ordinances may be tnspected by the public at the Office of the City Clerk, 3500 Pan ,Amertcgn Drive, Miami,''Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m, and 5:00 p.m. (0081) MATTY HIRAI CITY CLERK . MIAMI, FLO;FUD'A, r 213 92-4420303M