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03-14--91
ORDINANCE NO. 10865
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 $370,000 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 $6,812,412 (Ord. #Is 10092, 10252, 10415,
10602, 10665, 10729, 10835); and
WHEREAS, as a result of recent successful forfeiture actions
there is an additional $370,000 available to be deposited in the
LETF; and
WHEREAS, none of the aforementioned $370,000 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;
108ts
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:1
"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 $6,8-12,4ia $7,182,412
Appropriations: Law Enforcement Trust Fund $6,812,91a $7,182,412"
Section 2. The herein resources and appropriations for the
LETF are hereby increased by $370,000 as a result of additional
monies deposited in said Fund due to recent successful forfeiture
actions.
Section 3. All expenditures of the $370,000 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 4. All ordinances or parts of ordinances in so far
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.
1 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.
04
10865
PASSED AND ADOPTED this llth day of April
ATTE s
MAY HIRAI, CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. NA, DIRECTOR
DEPARTME BUDGET
FINAN REVIEW:
CA GARCIA, DIRECTOR
DEPA T ENT OF FINANCE
PREPARED AND APPROVED BY:
ALBE TINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVM 0 FORM AND CORR
i
JORGE L. ERNANDEZ t
CITY ATTORNEY
F.
"x1v-Lzn L. SUARE4, MA
SS:
1991.
3
108.65
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM : Cesar H . Odi
City Manager
M
DATE : MAR 2 31991 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 $370,000, as
a result of additional monies deposited into said fund due to
successful forfeiture actions.
Ordinance No. 10835, adopted on February 14, 1991, amended
Ordinance No. 10021, and established resources and appropriations
for the "Law Enforcement Trust Fund", in the amount of
$6,812,412. As a result of successful forfeiture actions there
are an additional $370,000 available for deposit in the Law
Enforcement Trust Fund.
The request for the appropriation of these monies is required for
the funding of several programs already approved, including: the
Coconut Grove Playhouse Anti -Substance Abuse Play, the IAWP,
NOBLE, the Metro. -Miami Action Plan, the Dade -Miami Criminal
Justice Council, Dive Suits, AGAPE, ASPIRA and other programs.
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.
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I-1
10865
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REC;a.._IVED
1991 APR 19 PH 2: 29
r, F. _1..ij i , l r, I
VIA'; i i I i;iiA I
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
Sookle Williams, who on lath 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 MIANI
Legal Notice
Re: Ordinance No. 10865
xxx
In the ......................................... Court,
was published In said newspaper In the Issues of
April 17, 1991
Affiant further says that the said Miami Review Is a
newsp�p it published at Miami In said Dade County, Florida,
and teat the said newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and Gas been entered as
second mall matter at the poet office in Miami In said
Dade nt Florida, fora eriod of one year next receding
the fir pub cation of the attached copy of advertisement• and
affian furt says that she has neither paid nor promised any
pare , fi or corporation any discount, rebate, commission
or re n or the pu ose of securing this advertisement for
pubil n In the ea newspaper. 6
** R td`if�d'�ubscribed before me this
Rk
R 91
7.th. day of . s . w ....... A.D. 19...... .
r .�. .........
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(SEAL)
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
M1' 01; H. EXP. 4/12/92