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HomeMy WebLinkAboutO-10984J-92-335 03/30/92 10984 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 AMOUNT OF $422,350 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 $8,270,070 (Ord. Nos. 10021, 10092, 10252, 1.0415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $422,350 available to be deposited. in the LETF; and =4 WHEREAS, none of the aforementioned $422,350 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 $ 8 $8,692,4422 Appropriations: Law Enforcement Trust Fund $8,2?0,9:79 $8,692,420" Section 3. The herein resources and appropriations for the LETF are hereby increased by $422,350 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. 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- Section 4. All expenditures of the $422,350 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 declaredinvalid, 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 B. 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- PASSED AND ADOPTED this ATT*HIRAI, MAT CITY CLERK BUDGETARY REVIEW: (7HAR S. SURANA, DIRECTOR DARTMENT OF BUDGET FINANCIAL REVIEW: CA S)E. GARCIA, DIRECTOR DEPAMTMENT OF FINANCE 14th day of PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS= May , 1992. • -4- CITY OF MIAMI, FLORIDA 4 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of ZZ Commission FROM Cesar H. Odio City Manager DATE : APR 2 31992 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 $422,350, as a result of additional monies deposited into said fund due to successful forfeiture actions. Ordinance No. 10946, adopted on February 13, 1992, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $8,270,070. Successful forfeiture litigation has resulted in an additional $422,350 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 Samaritan Salt Factory, the Liberty City Optimists, the Forfeiture Detail, the Dade -Miami Criminal Justice Council, the MLKECO Role Model Activities Trip, the Uniform Bike Patrol, the Kids Off Streets Program, and the Alternatives Program. 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 would be unable to operate. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Sgt. Thomas Roell Legislation/Special Projects Business Management Section - 11467 /7 L, DATE March 27, 1992 FILE SUBJECT : L . E . T . F . Appropriation FROM REFERENCES : Ileana Aguirr Administrative Assistant I ENCLOSURES: Business Management Section Please prepare the appropriate legislation for an appropriations ordinance from the Law Enforcement Trust Fund, Index Codes 029002 - 015($22,350), 029002 - 094($200,000), & 029002 - 247($200,000), Project 690001 for the following programs: Samaritan Salt Factory Liberty City Optimists Forfeiture Detail Dade -Miami Criminal Justice Council Role Model Activities. Trip-MLKECO Uniform Bike Patrol Kids Off Streets Alternative Programs $ 20,000 25,000 246,500 35,000 4,850 11,000 10,000 Total: S422,35 3 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 Octelms V. Ferbeyre, who on oath says that she is the Super- visor 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 NO. 10984 X X X In the ......................................... Court, was published In said newspaper In the Issues of May 29, 1992 Affiant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the sold 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 mall matter at the post office In Miami In said Dade County, Florida, for a period of o ar next preceding the first publication of the attache y o advertisement, and aHlant fu r says that she has r pal nor promised any person, rm or corporatlon t ount, bate, commission or d, far the ourooss rino t s advertisement for f anctsubscribed before me this a 29 ..Nay of***: y:............. A.D. 19..92.. (SEAL) CI . MyCOMM.EXP4/5/95 Octelms V. Ferbeyre personal y known to me. , 1� .t V11 Rd Z-1661 3AIBOJU CITY OF INAMi9 FLQ LEGAL NOTICE: All interested pennons will take notice that on the 14th, day of May; 1992, the City Commission of Miami, Florida, adopted the following titled. ordinances: (iRDNiANCE NO.109111112 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIALREVENUE FUND ENTITLED: "SiJIMU R FOOD SERVICE PROGRAM FOR CHILDREN 1992" AND APPROPRIATING FUNDS FOR THE OPE.FF,��.TIQN OF . SAME IN THE. AMOUNT OF $3046771".QhISiSTINt3 OF A GRANT FROM THE UNITED STATES DEPARTMENT_OF OF EDUCATION.- AUTHORIZING TK QTY_AW4A9FK To ACCEPT' THE GRANT AWARD "OM TI F UNITED STATES DEPAflTMENTOF AGRICULT AW (f1,EXE CUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLETOTHE CITY ATTORkEY,"FORTHiS PUR- POSE; CONTAINING A'REPEALER PRO'QIGM AND A SEVERABILITY CLAUSE. ORDINANCE N0.-10063 AN EMERGENCY ORDINANCE CREATING A NEW SPE- CIAL REVENUE FUND ENTITLED: "RECREATION PRO. GRAMS FOR THE MENTALLY RETARDED FY'93" AND APPROPRIATING r-UNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF $304 952 "CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILiTATIVE.SERVICES (HRS) IN THE AMOUNT OF M4 952 AND i9f1,OWIN CARiAY-OVLEI' FUND BALANCE FROM THE FY'92 REVENUE FUND OF, THESAME NAME; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARDS AND TO ENTER INTO THE NECESSARY AGREEMENT(S), IN`A FORM ACCEPT- ABLE TO THE CITY ATTQRNEY, TO ACCEPT SAID GRANTS AND IMPLEMENT THE, PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVER- ABILITY CLAUSE. ORDINANCE NO.10964 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 RECEIVEDQAND DEP061TED PURSUANT TO ORDINANCE Na. 9257, ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $422,350 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FOR- FEITURE ACTIONS; CONTAINING A REPEALER PROVI- SION AND SEVERABIUTY CLAUSE. ORDINANCE NO.10965 AN ORDINANCE AMENDING SECTIONS 14-26 AND 14.27 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING THE DOWNTOWN, DEVELOP, MENT AUTHORITY BOARD, BY PROVIDING THAT ONE (1) MEMBER OF THE CITY COMMISSION -SHALL SERVE AS CHAIRPERSON OF THE BOARD AND THE TWENTY- NINTH (29).MEMBER; FURTHER BY DELETING THE PRO- VISION WHICH ALLOWS THE MAYOR TO RELINQUISH THE POSITION OF CHAIRMAN; FURTHER PROVIDING THAT ANY MEMBER OF THE CITY COMMISSION SHALL BE ELIGIBLE FOR APPOINTMENT TO THE BOARD; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clark, 3500 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 CITY•CLERK n MIAMI, FLORIDA (0473) -5129 92-4-052949M