HomeMy WebLinkAboutO-10989J-92-343
5/6/92
ORDINANCE NO.
AN ORDINANCE, RELATING TO THE HOMELESS,
AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT, NOT TO EXCEED $45,000, FROM THE
SPECIAL REVENUE FUND ENTITLED "HOMELESS
PROJECT," PROJECT NUMBER 192001, INDEX CODE
NUMBER 261001, AS THE CITY OF MIAMI'S MATCH
TO METRO-DADE COUNTY, TO PROVIDE BEDS AND
SPECIALIZED TREATMENT FOR HOMELESS
INDIVIDUALS HAVING SUBSTANCE ABUSE PROBLEMS;
FURTHER, AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY AGREEMENTS WITH DADE
COUNTY IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the City Commission acknowledges that measures need
to be taken to address the homeless problem in the City of Miami;
and
WHEREAS, on September 11, 1991, the City Commission
approved Ordinance No. 10914, establishing a Special Revenue Fund
("the Fund") and appropriating $90,000 to the Fund for the City
of Miami's component of the Community Homeless Emergency Plan;
and
WHEREAS, on January 23, 1992, the City Commission approved
Ordinance No. 10944, amending Ordinance No. 10914, by
appropriating an additional $250,000 to the Fund as the City of
10989
Miami's contribution to the City/County joint effort to relocate
approximately 125 to 150 homeless persons from I-395 and Lummus
Park; 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
WHEREAS, on December 12, 1991, Judge C. Clyde Atkins ruled
that the City may fence said I-395 and Lummus Park sites,
provided that it offers comparable or better shelter to the
approximately 125 to 150 homeless persons then residing at said
sites; and
WHEREAS, the program for which funding was appropriated on
January 23, 1992, by Ordinance No. 10944, is a joint City/County
effort (the City and Metro -Dade County have each provided
$250,000 toward this effort) to comply with the requirements of
the court order issued on December 12, 1991; and
WHEREAS, said City/County joint program to assist the
homeless began in January of 1992 and identified a number of
homeless persons as having substance abuse problems and in need
of specialized placement; and
WHEREAS, Metro -Dade County already has the mechanism in
place to contract with the required social service providers to
provide beds and specialized treatment for homeless individuals
having substances abuse problems and participating in the joint
program;
- 2 - 10989
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. The City Manager is hereby authorized to
expend an amount, not to exceed $45,000, from the Special Revenue
Fund entitled "Homeless Project," Project Number 192001, Index
Code Number 261001, to Metro -Dade County, as the City of Miami's
match to provide beds and specialized treatment for homeless
individuals having substance abuse problems and being assisted in
the joint City/County Homeless Assistance Program. The City
Manager is also hereby authorized to execute any required
agreements in in a form acceptable to the City Attorney,
regarding use of said funds.
Section 3. All ordinances, or parts of ordinances
insofar as they are inconsistent or in conflict with provisions
of this Ordinance are hereby repealed.
Section 4. If any section, part of sections, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
3 -
10989
Section 5. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 14th of
May , 1992.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 11th day of June , 1992.
XAVIE . SUARE , MAYOR
ATT T:
MATTY HIRAI
CITY CLERK
FINANCIAL P4VIEW AND APPROVAL:
- r�l�
CARLOS ARCIA, DIRECTOR
FINANCE DLYPARTMENT
BUDGETARY REVIEW AND APPROVAL:
MANOHAR S
ASSISTANT
ER
- 4 -
10989
PREPARED AND APPROVED BY:
O L E. MAXW
`VIEF ASSISTEL CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN J.OZWS, III
CITY ATTO Y
JEM: rm: csk:M914
- 5 - 10989
CITY OF MIAMI, FLORIDA
5
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and
Members of the City Commission
FROM Cesar H. Odlo
City Manager
Recommendation
DATE : MAY - c- I092 FILE
SUBJECT : Ordinance to Authorize
Expenditure of Funds
Relating to the Homeless
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached
Ordinance authorizing the City Manager to expend an amount not to exceed
$45,000 from the Special Revenue Fund entitled, "Homeless Project," Project
Number 192001, Index Number 261001, as the City of Miami's match to Metro -Dade
County, for the provision of substance abuse beds to be made available to the
homeless, as part of the joint City/County Homeless Assistance Program.
BacKground
On September 11, 1991, the City Commission approved Ordinance Number 10914,
which established a Special Revenue fund for the City of Miami's component of
the Community Homeless Assistance Plan. The Ordinance also appropriated
$90,000 to that fund.
On January 23, 1992, the City Commission approved Ordinance Number 10944,
which amended Ordinance Number 10914, by appropriating an additional $250,000
to the "Homeless Project" fund, for the implementation of the joint
City/County effort to relocate approximately 125 to 150 homeless persons from
the area under I-395 (under lease by DOSP) and Lummus Park.
The joint City/County effort came about as a result of a Federal Court Order
which was issued on December 12, 1991, by Judge Clyde C. Atkins. The order
was issued at a special hearing at which Judge Atkins ruled that the City may
fence and vacate the above mentioned I-395 area and Lummus Park sites, if it
provided those homeless persons currently residing at each of the
aforementioned sites with comparable or better shelter. The City of Miami and
Metro -Dade County each contributed $250,000 toward this effort.
In January of 1992, the joint City/County program commenced. A number of the
clients seen by program staff were identified as having substance -abuse
problems, and in need of specialized placement. Metro -Dade County already has
the mechanism in place to contract with the appropriate social service
providers, that are needed to handle substance -abuse clients.
10989
5-J
Hon. Mayor and Members of City Commission
Page Two
It is therefore respectfully requested that the City Manager be authorized to
transfer $45,000 of the City's "Homeless Project" funds, already appropriated
for use to implement the homeless project, to the County, as the City's
financial match for the provision of specialized beds for the homeless.
cc: Leon Firtel, Assistant City Attorney
Sergio Rodriguez, Assistant City Manager
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
Sookie Williams, 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 NO. 10989
In the .......... X. X. X....................... Court,
was published in said newspaper in the issues of
June 29, 1992
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
Saturday, Sunday lished In l and Legal Holid Dade days) andahassbeen ech ntered as
2fufor
mail matter at the post office in Miami in said
Florida, for a period of one year next preceding
ication of the attached copy of advertisement; and
r says that she has neither paid nor promised any
or corporation any discount, rebate, commission
r thL
securing this advertisement for
in thapeze�d
Sworn to and subscribed before me this
29th y of ........Julie. A.D. 19.92...
(SEAL) AGNFS E. M4A
NC— ARY PUBLIC STATE OF FLORIDA
Sookie Willi ms p Wi .l Tt 1T,OG
MY COVDA;SSION EXP. ANT. 6,1 3b
CITY Or"MIAMIg PLORIDA
LEGAL "TICE
All Interested persons will take notice that on the 11th day of
June, 190, the City_ Commisalon of Miami, Florida, adopted the
following tttied ordinances:
ORDINANCE W. iOMfI
AN ORDINANCE AMENDING ORDINANCE NO. 10912,
ADOPTED ON SEPTEMBER 11, 1991, WHICH ESTAB—
LISHED INTr1AL RESOURCES AND INITIAL APPROPRW
TIONS FOR THE SPECIAL REVENUE FUND 'ENTITLED
"ASSET TRACKING," TO PROVIDE. FOR AN INCREASE
IN THE AM04INT OF $U,500 AS A RESULT Of A SUC-
CESSFUL APPLICATION FOR ADDITIONAL GRANT
FUNDS, AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT OF $34,500 FROM THE U.S.
DEPARTMENT OF JUSTICE; CONTAINING A REPEALER
PROVISION AND A SEVERABMUTY CLAUSE.
ORDINANCE NO.10M7
AN ORDINANCE AMENDING ORDINANCE NO. 10913,
ADOPTED ON SEPTEMBER 11, 1991, WHICH ESTAB-
LISHED INITIAL RESOURCES AND #11TIAL APPROPRtA
TIONS FOR THE SPECIAL REVENUE FUND ENTITLED
"GEOGRAPHIC TARGETING PROGRAM." TO PROVIDE
FOR AN INCREASE IN THE AMOUNT OF 385,QW AS A
RESULT OF A SUCCESSFUL APPLICATIONFOR ADDI-
TIONAL GRANT FUNDS, AND AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT OF $66,000'OROM
THE U.S. DEPARTMENT OF JUSTICE; CONTAINING A
REPEALER PROVISION AND A SEVERABILt71' CLAUSE.
ORDINANCE NO #OME
AN ORDINANCE REPEALING ORDINANCE NO. 10948,
ADOPTED FEBRUAARY 13, ENTIRETY; FUR-
THER AMENDING ARTICLE II, "itUftLARY AND ROB:
BERY ALARMS"" OF CHAPTER 3 & "ALARM SYSTOAS"
OF THE CODE OF THE CITY 'F MIAMI, FL010 A, AS
AMENDED, BY DELINEATING TfMOUALIFICATIONS OF
BURGLAR ALARNt SPECIALTY CTRICAC CONTRAG
TORS; BY SETTING FORTH PROWSI�DEALING V MT#i
FALSE ALARMS"iNCLUD1Nt3 THE I*W410E WHERE A
SYSTEM FOR WHICH AN ALARM PERMIT HAS NOT BEEN
ISSUED OR HAS NOT BEEN RI=NEVED GENERATES A
FALSE ALARM; DELETING THE REOU.iREMENTS OF
INSPECTIONS BY, POLICE AM A LICENSED BURGLAR
ALARM COMPANY AS A CONDITION PRECEDENT TO
REINSTATEMENT OF THE ALARM PERMIT; MORE
PARTICULARLY AMENDING SECTIONS 3.5.22; 3.5-23 AND
3.5.29 OF THE CODE OF THE CITY,OF MIAMI, FLORIDA,
AS AMENDED, CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE 140.10960
AN ORDINA TO THE HOMELESS,
AUTHORIZING THE CITY MANAGER TO EXPEND AN
AMOUNT, NOT TO EXCEED $45,000, FROM THE SPECIAL
REVENUE FUND ENTITLED "HOMELESS: PROJECT,"
PROJECT NUMBER 192001, INDEX CODE NUMBER
261001, AS THE CITY OF MIIAMI'S MATCH TO METRO-
DATE COUNTY, TO PROVIDE BEDS AND SPECIALIZED
TREATMENT FOR HOMELESS INDIVIDUALS HAVING
SUBSTANCE ARISE PROBLEMS; FURTHER, AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE ANY NECESSARY
AGREEMENTS WITH DADE COUNTY IN A PO"
ACCEPTABLE TO THE CITY ATTORNEY CONTAINM A'
REPEALER PROVISION AND;A SEVERABiLITY divis..I
ofto NAw" NO.1+09M
AN ORDINANCE AMENDING CHAPTER 45.5, ENTITLED
"PUBLIC NUISANCE", OF TWE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, WHICH PROVIDED FOR
THE CREATION OF A NUISANCE ABATEMENT BOARD
("BOARD"), AND SET FORTW ENFORC1iMENT
PROCEDURES, PENALTIES, AND �ONOt�ICT'OF HEAR-
INGS, SAID AMENDMENT: DECREASpdEi FROM"TWE#'M'
FOUR (24) MONTHS TO SIX 114) MONTHS, THE TIME
FRAME FOR NUISANCE COMPLAINM ESTABLISHING
AN ALTERNATIVE, R EQUIREM EMY FOR SEVEN
DOCUMENTED INSTANCES TO SUPPORT FINDINGS OF
PUSUC :NUISANCES IN LIEU OF A CERTIFIED CONVIC
TION; ADDING REGULATIONS FOR YOUTH GANG
RELATED NUISANCE ACTIVITIES; CHANGING THE
BOARD MEMBERS` !i'BOlt1;REM #N'TS TO INCLUDE
RESIDENCY OR: BUSiNi68OFFIO WITHIN THE CiTY
OF MAIM; PROVIDING FOR THE TEAjjS OF_CHAiRPER-
VOTES BY AT LEAST THREE .(M BOARD MEMBERS'
AUTHORIZING THE CLERK 601HIE BOARD TO ADZR
AND USE OFFICIAL SEAT FORVERTIFICATION OF DOG
UMENITS; PROVIDING FOR TIME USE.01=1Nf3EPENDENT
COUNSEL Wrn4 COMMISSION APPROVAL TO DEFEND
THECITYOF MMMI WHEN.THE'CITY ATTORNEY OR'.
THE DESKINEE CITES CITY -OWNED PROPERTY FOR
ALLEGED NUISANCE ACTfVITY;.DECREASfNG THfi
NOTICE OF HEAiRiNG REOLRRENIWT F OM THIEASMNG
DAYS TO FIFTEEN:(1M CAMOMAR
NOTICE VIA POSTING FORM 4iNENTY ( DAYS PRIOR
TO THE HEARING TO'TEN ('t0) DAYS PRIOR TO THE
HEARING; ESTABLISHING THE CLEAR AND CONVitNG
ING STANDARD",S THE BURDEN OF PROOF; CLAitIFY-
ING.-THAT BOMD, MAY PROCEED To HEARING IN
ABSENTIA AGAINST PROPERTY OWNERS WHO FAIL TO,
RESPOND; ESTA$LISi THE NUISANCE ABATEMENT
BOARD AS THE CITY 'MAII(AdER'S DESIGNEE FOR
PURPOSES OF NUISANCE RIELATED OCCUPATIONAL
LICENSE,SUSPENSION..MIAOR'E PARTICULARLY BY
AMFl� TAN? 4� 4, 45.2, 45.3, 45.54 AND 4&"
OF TT##IE,.Ci30E- OF THE CITY OP=MIAIY FLORIDA, A3
Amokn ?; CONTAINIW A.IREPEALER PROVISION AND
PROVIDING FOR A SO&RABILITY CLAUSE.
- OR
-OCCUPATIONAL
ENTITLED "SCHEDULE OF lIAL ;
TAXE$" OF THE -CODE CIF THE CITY OF MiAML FLORI-
-THE DF-IFNITION OF
DA, AS 1t DCBYcATM AND PROVIDING FOR
THE INER-TTORS
A LOr1VER `TAX WHEN THE EVENT IS HELD iN A FACt1„
REPA DPROVIS 0 CIAA140 SEVERABIOLITY CLAD E;
AWD PROVIDING FOR AN EFFECTIVE DATE.
inancea fnaY Inspected by the public at the Offlce 'Of
FloridaMonday
the City Clerk, 35M Pan American Drive, MI hoursof 8d>a m
thrgp,o Friday, syoiuding holidays, between
`end 5:00 P.m.
=MATTY, Hlfi=llt
CITY Ct ERt(
MIAMI, FLOWDA
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