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O-11025
J-92-854 12/10/92 ORDINANCE NO. 11025 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 $.1,002,000 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, by Ordinance No. 9257, adopted April 9, 1981, the City Ccmnission 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 $8,900,000 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901, 10933, 10946, 10984, 10996); and WHEREAS, as a result of recent successful forfeiture actions there is an additional$1,002,000available to be deposited in the LETF; and WHEREAS, none of the aforementioned$1,002,0,00will be spent without prior City Commission approval by Resolution; and 11025 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-,990;$98 $9,902,000 Appropriations: Law Enforcement Trust Fund $8,906,00 $9,902,000 " Section 3. The herein resources and appropriations for the LETF are hereby increased by$1,002,000 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 4. All expenditures of the$1,002,000 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 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- 11025 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 became effective immediately upon its adoption. PASSED AND ADOPTED this 10th day of December ATTES . MATTV HIRAI, CITY CLERK BUDGETARY REVIEW: ► ,its �' �`�•• ra;SURANA, DIRECTOR OF Dr 1QQ7 -3- 11025 FINANCIAL REVIEW: NENV1 ��� � • � • .pia+ • ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 11025 —4— CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the ity Commission A�l FROM : Cesar H . Odio City Manager DATE t 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 $902,000, as a result of additional monies deposited into said fund due to successful forfeiture actions. Ordinance No. 10996, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $8,900,000. Successful forfeiture litigation has resulted in an additional $902,000 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 Martin Luther King Economic Development Corporation, the Robbery Tactical Detail, the Motel Squad, the Computerized Photographic Mini -Lab, Rental Vehicles, Kids Off Streets Program, N.O.B.L.E. Ethnic Sensitivity Training, and the purchase of four German Shepherd dogs. 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 will be unable to operate. h�% 11025 ITEMS ON APPROPRIATION ORDINANCE Martin Luther King Economic Development Corporation Robbery Tactical Motel Squad Computer Mini -Lab Rental Vehicles Kids Off Streets N.O.B.L.E. Ethnic Sensitivity Training Four German Shepherds $20,000 $35,000 $37,000 $78,000 $400,000 $20,000 $300,000 $902,000 11025 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 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. 11025 ---- X XX inthe ......................................... Court, was published in said newspaper in the issues of January 20, 1993 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 published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as fbliion 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 je ration any discount, rebate, commission pose of securing this advertisement for newapapper. . Sworn to and subscribed before me this ?Oth. ay of .... A.D. 79. 93.. (SEAL) OFFICIAL NUrARY SEAL Sookie Williams P sonall kno � PENA NOT)RY PU�HLIC ATE OF FLORIDA COMMISSION NO. CC 172108 MY COMMISSION EXP. AN. 6,1996 �, or y f4pRi0A r..W. ^► DED) nterestedpersons wip take notice that on the i0th day ofbef, 1992, the Cit Commisalon-of Milan+tFlotitled ordinatioe6:,, p£tC, 4 �AAMENDING ORDINANCE O. t0021ADOPTED ON JULY 1st, 190, AS AhtENtiE ,.'...::}an, ,. ,,�....,..:Kr...�......... ......... TRUffiT. FUND RECEIVED At TO -OR MNANCE NO.83S1 PROVIDE I`OR AN INCREI •31,002,009 AS A RESULT, DEPOSITED FN SAID FUND FEITUSE ;ROTiONS, CONTAI SIdN AN D,SEVERARIUTY;.0 okwltf l AN ORDINANCE AMENDINf COpE, OF`THE CITY OF'MIAI *Odr TH7 PIJR9UANT IN THE AMOUNT• OF ADDITIONAL . MONIES .:. TO SUbCESSVULL :OA- T A 1R*PEALEA P_WVI-OF THE, - s INATINP THE NECESSITY FOR SEO E TE Gh 'OpI'BY HAVING ALL MEMBERS SERVE A SEAR TERM OF OFFICE COMMENCING' ON NOVEM M 190 AND ENDING ON NOVEMBER, 29, IM ANfl iVW7 YiAR TkW& THEREAFTER, EXCEPT THE CITY COMMISSION W R, E TERM SHALL RUN FOR ONE YEAR REVIEWIIBL BY THE CITY Comm ON JUNEji$-T OF EACH YEAR FOLLOWtOG THE INITIAL:APPOINT. MEAT, SUCH TERM TO6014* NCE 01*kNOVEWfrj 1942; CONTAINING A REI!EALER PROVISION, SO-: ERAWLITY CLAUSE AND PROVIDING FOR AN.EF,FEO;," TIVE DATE. - OPAMOANCIE NO.1102Z AN EMERGENCY ORDINANCE AMENDING SECTI®It 1 - AND 6 OF ORDINAN(*'kO1 10920, AS AMENDED THE,. ANINUAt APPROPR1AtYONS ORDINANCE- ADQPTeP SEPTEMBER 26, 1991, FO FISCAL -YEAR 199i•W. ENDING SEPTEMBI R 30, 1902, FOR .THE PURPOSE OF INCREASING THE BUOf9Lrf APPROPRIATk3NS FOR THE. POLICE AND SOU© WA E DEPARTMENTS AS A - RESULT, OF EMERGENCV•F ENDITURES RELATING TO HURRICANE ANDREW. ANO A BUDGETA y ADJUSIT-. ` MENT JN9PECIA`L`9"OQRAMS"#'AKD AC MI M CONIAR A.REF#MER P"OV%SW AND A G� ABIWTII}.CliAUSE. ORDINAMco NO. I.10RY AN ORDINANCE RELATING"'TO FLOOD DAMAGE PRE- VENTION, AMENDING ?HL COIDE`0f' THE"CITV OF MIAMI, FLORIDA, BY ADI FOOL- DtFQ II TfUMNAS REf]UIi1E - oNTS FOR, I FLOOD HAZARD AREAS HAZARD AREAS; PROVII ENFORCEMENT, VARIAIN AND DISCLAIMER OF L SHOULD THIS.ORDINAN, CONFLICT WITH ANOTH ING GREATER Rti9 51v ADOPTING, BY REFEREN STUDY, THE F600DANSL DADE COUNTY FLOOD C A SEVERABILITY CLADS EFFECTIVE DATE. ORDOW NT 1 .OPMI NON FOR I A s.j►RMF,� Pff-MINK OT U"ANVMG USE° _ T110N FI1WW4WA0AEAt*WTO , wl Dt�is�F 0914Ss LTT FAMILY AESIDEW4AL, 44AltII+IG Fes; INIM0CTING THE TRANSIt "At QUA5 DOPY *F THIS OQNCE T/iFfiY£TED AdEEW Cam; CON;1'AINING A REPEALER PROVISION AND SEV ERAINLITY CLAUSE? AND PROVIDING FOR AN £FF..ECr TIVE DATE ORO NAM It10.1-1031 AN ORDINANCE. AMEND** THE ZONING. ATLAS OF ORDINANCE NO. 11000, A> AMENDED, THE 20NING ORDINANCE- OF THE CITY" OF" MIAMI, FLORIDA, ,BY CHANGING:,T.HE ZONING dLASSIFICATION FROM PR I?A @IECREATIO�1 Tp R 1 MULTI FAMILY RESI- DE AL , FOI1 THE PRQPERTY LOCATED AT 229