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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 o- . 40482) g2 4 082lI52I 6129 `