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Home My WebLink AboutO-10946J-92-81 01/29/92 10946 ORDINANCE N0. 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 AMOUNT OF $505,658 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 LETF presently amounting to a total of $7,764,412 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $505,658 available to be deposited in the LETF; and 10946 WHEREAS, none of the aforementioned $505,658 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:/ "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 $7,764,412 S8,270,070 Appropriations: Law Enforcement Trust Fund $7,?64,43:2 S8,270,070" Section 3. The herein resources and appropriations for the LETF are hereby increased by $505,658 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. 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. 10946 sIM Section 4. All expenditures cf the $505,658 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. 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. -3- 10946 PASSED AND ADOPTED this 13th ATTE MATTlf HIRAI, CITY CLERK BUDGETARY REVIEW: r MAN'OHAR S. , DIRECTOR DEPARTMENT OF GET FINANCIAL REVIEW: zzr - - - z CARLOS ARCIA, DIRECTOR DEPARTMENT OF FINANCE PREPARED AND APPROVED BY: C � 11 * -5�d� ALBER INE B. SMITH CHIEF ASSISTANT CITY ATTORNEY daj of February 1992. XAVIER L UAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS; 1 *0e : ABS/mv/M897 10946 -4- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the ity Commission FROM : Cesar H. Odio City Manager RECOMMENDATION• DATE JAPE L 1� % 2 � LE 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 $505,658, as a result of additional monies deposited into said fund due to successful forfeiture actions. BACKGROUND: Ordinance No. 10933, adopted on November 14, 1991, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $7,764,412. Successful forfeiture litigation has resulted in an additional $505,658 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 items already approved, the 91-92 Rental Vehicles and the Coconut Grove Anti -Substance Abuse Play, and a third, the Explorer Program, to be approved. 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 ensure 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 would be unable to operate. 10946 2-1 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 Willlams, 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 MIAMI ORDINANCE N0. 10947 RE: Establishing a new special revenue fiord entitled "DADE COUNTY EMS GRANT AWARD (FYr92)", etc. In the ........... X .?s;.X .............. I....... Court, was published in said newspaper in the Issues of February 20, 1992 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said news *per has, heretofore been continuously gbllshed in said Dads 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 ty, Florida, for a period of one year next preceding the t p bllcatlon of the attached copy of advertisement; and atti nt fu r says that she has neither paid nor promised any pe n, rm or corporation any discount, rebate, commission or/ ref u for the purpose of securing this advertisement for t tIon In 1 al d newspaper. (SEAL) Sworn to and subscribed before me this FebLr y...........JA; . to. ��►a OF f— * "OFFICIAL NOTARY SEAL' CHERYL M. HARMER MY COMM. EXP. 4/12/92 CITY OF MIAMI, FLOMDA LEGAL NOTICE .` All interested persons will take notice that on the 13th day of February, 1992, the City Commission of Miami, Florida, adopted the following titled ordinances: 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 AMOUNT OF $505,658 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN'SAID FUND DUE TO SUCCESSFUL FOR- FEtTURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO.10047 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "DADE COUNTY EMS GRANT AWARD (FY-92)" APPROPRIATING FUNDS, FOR ITS OPERATION IN, THE TOTAL AMOUNT,_OF ,$297,853, CONSISTING OF A.;1`��9'.I5 GRAVY 110PbRTIONED BY METROPOLITAN DADE COUNTY FROM THE -STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILIT- ATIVE SERVICES UNDER THE "FLORIDA EMERGENCY MEDICAL SERVICES ("EMS") GRANT PROGRAM FOR COUNTIES", $167,80 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS, $6,816 1N ACCRUED INTEREST EARNINGS FROM PREVIOUS EMS GRANT•AWARDS, AND AN ESTIMATED $4,000 IN INTER- EST EARNINGS FROM THE 1992 EMS GRANT AWARD; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMENTIONED GRANT AWARD AND ENTER INTO THE NECESSARY LETTER OF UNDERSTANDING WITH T14E FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES ANDIOR METROPOLITAN DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO APPLICABLE CITY.CODE PROVISIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be Inspected by the public at the Office of the City Clerk, 35W Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8-00 a.m. and 5-00 p.m. MATTY HIRAI 1 f.� CITY CLERK r MIAMI, FLORIDA 0 92-4-022045M IZZ)