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O-10933
11/05I910 109 3 3 ORDINANCE NO. 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 $186,500 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 $7,182,412 (Ord. Nos. 10021, 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865, 10901); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $186,500 available to be deposited in the LETF; and 10933 WHEREAS, none of the aforementioned $186,500 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; 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 $7,577,9±2 $7,764,412 Appropriations: Law Enforcement Trust Fund $7,57?;912 57,764,412 Section 3. The herein resources and appropriations for the LETF are hereby increased by $186,500 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. 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- Section 4. All expenditures of the $186,500 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 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 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 become effective immediately upon its adoption. -3- 10933 .is PASSED AND ADOPTED this 14th day of November /-- 1 , 1991. ATTEST- VIER LJUAREZ-, MAYOR MA HIRAI, CITY CLERK BUDGETARY REVIEW: /1--m MANOHAR S. , DIRECTOR DEPARTMENT OF GET FINANCIAL REVIEW: CARI,GARCIA, DIRECTOR DEPART NT OF FINANCE PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Q J N , I ITY ATT0 Y ABS:mv:M859 -4- 10933 FROM CITY OF MIAMI. FLORIDA 11 INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE N j i 3 i jo l FILE: of th City Commission � SUBJECT: Proposed Emergency Ordinance A�ae� Amending Ordinance No. 10021 Law Enforcement Trust Fund Cesar H . Odlo REFERENCES: City Manager ENCLOSURES: RECOMMENDATION• 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 $186,500, as a result of additional monies deposited into said fund due to successful forfeiture actions. BACKGROUND: Ordinance No. 10901, adopted on July 25, 1991, amended Ordinance No. 10021, and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $7,577,912. Successful forfeiture litigation has resulted in an additional $186,500 being 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 Cops and Kids Athletic Drug Diversionary Program, Better Way, the Anne Frank Exhibition, the purchase of an Intoxillizer and three 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 would be unable to operate. 10933 frill ";CV 2 ! R! 2: 13 = t; 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 VAIllams, 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 MtAMI, FLORIDA RE: ORDINANCE NO. 10933 In the ........ X. X. X......................... Court, was published in said newspaper in the Issues of November 19, 1991 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 second class mail matter at the post office in Miami in said ftherst ty, Florida, for a period of one year next preceding t lication of the attached copy of advertisement; and her says that she has neither paid nor promised any m or corporation any discount, rebate, commission for the purpose of securing this advertisement for In t e said newspa r. I 1b+a*d subscribed before me this + « ..19. ay of ..:. �v :........, A.D. 19.. 91. .... * (SEAL) '. Sl 4fOFF� ** "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COMM. EXP. 4/12/92 N"* f INLORIDA All interested persons wilt take_ rotiCe 1k.1ton the 14th day of November, 1991, the City Comnllissipn of Miami, Florida, adopted the following titled ordinances: AN EMERGENCY ORDINANCE AMENDING_ORDINAt+CJc , NO. 10021, ADOPTED ON JULr°18, IM, AS AMEWW6,, IiY111CH:tSTAbL.I104ED INITIAL gESOl1RCES AN©)N1'1IAL APPROPRIATIONS FOR TH9, LAW EWOACEKONT Ti"T FUND RECEIVED AND DEPOSIT40 PURSUANT TO ORDINAN DE,*G; 9257,. AOOFIEUAVRIL' 9 l01111,r TO" PROVIDE:PAi1 A�.jk ASj=:lp JW JlA10LINIT F4F $186,500 AS A RESULT OF ADDITIONAL MONIES KPOSITt-$lk•SAN) f%UM DUE44*)C0WS" FEITURE ACTIONS; CONTAIN G, A REPEIIILEA, PROVISION AND SEV1ffIABiTY ORD11 NCE ice. 111034 AN EMERGENCY'. ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DRUG FREE NEIGHBORHOOD TAS(C FORCE.;; APPROPRIATING, FUNDS FOR OPERATION OFSAME IN AN AM01MT.NOT TO EXCEED, $42,967; AUTHORIZING HE CITY MANAGER TO ACCEPT $42;967 FROM METROPOLITAN DAQE . COUNTYFROM A UNITED STATES JUSTICE DEPART- MENT GRANT -OF 5400,000 TO BE; ADMINISTERED BY METROPOLITAN DADE COUNTY; FURTHER AUTHORIZ- ING THE CITY MANAGER TO ENTER INTO ANY NECESSARY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. FOR THE AOCEP.Ty! "MIDF "M, ,542,9W_FOR THE PURCHASE OF:E-OUIPMENT AND RELATED COSTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Said ordinances may -be inspected by the public at the Office -of the City Clerk"35WO Pan American Drive. Miami, Florida, Monday .through Friday, 6ciuding holidaysi between the hours of 8:00 a.m. and 5:00 p.m. ; # MATTY HIRAI CITY CLERK MIAMI, FLORIDA (0065) 11119 91.4-1 114936M