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HomeMy WebLinkAboutO-10835L J-91-77 1-30-91 ORDINANCE NO. 10835 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 $944,500 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 $5,867,912 (Ord. Vs 10021, 10092, 10252, 10415, 10602, 10665, 10729); and WHEREAS, as a result of recent successful forfeiture actions, there is an additional $944,500 available to be deposited in the LETF; and WHEREAS, none of the aforementioned $944,500 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; 10835 Alk NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 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 �6 812,412 Resources: Proceeds of Forfeited Property $5,-ov-�Ty� Appropriations: Law Enforcement Trust Fund $�5,-86q�TyL 6_,812,412" Section 2. The herein resources and appropriations for the LETF are hereby increased by $944,500 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 3. All expenditures of the $944,500 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 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. 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. Section 7. 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 8. This Ordinance shall become effective immediately upon its adoption. 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- 10835 lu Ll PASSED AND ADOPTED this 14th day of February , 1991. ATT,A UA XAVTER L. SZ, MAXbR— MA4W HIRAI, CITY CLERK BUDGETARY REVIEW: MANOHAR S. S , DIRECTOR DEPARTMENT OF DGET FINANCIAL REVIEW: / /s/ ff )1", L;v CARLO GARCIA, DIRECTOR DEPARTME T OF FINANCE PREPARED AND APPROVED BY: tzz4te�l . ALBS TINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r JOG L. ERNANDEZ CITYAT NEY M766 -3- 10835 I CITY OF MIAMI, FLORIDA INTER -OFFICE i MEMORANDUM � TO : Honorable Mayor and Members DATE JAN 29 1991 FILE j of t City Commission i SUBJECT. proposed Emergency Ordinance Amending Ordinance No. 10021 FROM Cesar H . OdiO : Law Enforcement Trust Fund City Manager REFERENCES ITA MEMAT I ON : 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 $944,500, as a result of additional monies deposited into said fund due to successful forfeiture actions. Rlb-11110W.Wom. J Ordinance No. 10729, adopted on May 24, 1990,•amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $5,867,912. As a result of successful forfeiture actions there are an additional $944,500 available for deposit in the Law Enforcement Trust Fund. The request for the appropriation of these monies is required for the anticipated funding of the N.E. Sub -Council Crime Prevention Program, Digital Pagers, Police Horses, I.D. Equipment, the Career Criminal Program, the Alternatives Program, the Youth Crime and Drug Prevention Soccer League, Helicopter 'Airtime, Leased Vehicles, and a Firearms/Deadly Force Video Simulator. 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. 3-1 10835 <M MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Sookle Before Willithe ams, whoundersigned dathauthority thatssheiIs theeVice 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 Legal Notice Re: Ordinance No. 10835 Inthe ..... X X .X ..................... was published In said newspaper in the Issues of Court, March 19, 1991 srtlehd elsaeadentaFienew%pepubleMimi InsidDdeCouylordand tat the said newspaper has heretofore been continuously published in Bald Dade County, each day (except Saturday, Sunday and Legal Holidays) and Florida,as been entered as second class mall matter at the goat office In Miami In said Dade County Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afliant or says that aha has neither paid nor promised any orrre nli for the purposeno}nsecuring this advsrtisementefor pubil a n in the dd newspaper. y R4t}}} Srtkft+o, *subscribed before me this ...19t ay of ...:1`$ c : oo *.... , A.D. 19... 1. « x, }sr'^ •.. (SEAL) "`*rF OF Fl y*« "OFFICIAL NOTARY SEAL" CHERYL H. MARMER '!y COhfM. EXP. 4/12192 Page 1 of 2 Page 2 of 2