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HomeMy WebLinkAboutO-10901't J-91-626 06-25-91 10901 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 $395,500 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., 10092, 10252, 10415, 10602, 10665, 10729, 10835, 10865); and WHEREAS, as a result of recent successful forfeiture actions there is an additional $395,500 available to be deposited in the LETF; and WHEREAS, none of the aforementioned $395,500 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; Crrr COMMSSION MEETING OF v u L 25 1991 1090 "SOLUTION No, 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 Titles Law Enforcement Trust Fund Resources: Proceeds of Forfeited Property $T,18214-!R 57,577,912 Appropriations: Law Enforcement Trust Fund $?11-82,41R $7,577,912" Section 2. The herein resources and appropriations for the LETF are hereby increased by $395,500 as a result of additional monies deposited in said Fund due to recent successful forfeiture actions. Section 3. All expenditures of the $395,500 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 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. 2 10901 PASSED AND ADOPTED this 25th day of ATTES . 60 MATT HIRAI, CITY CLERK UDGETARY REVIEW: OHAR S. SURANA, DIRECTOR PARTMENT OF BUDGET FINAN REVIEW: CARLO RCIA, DIRECTOR DEPARTME44T OF FINANCE PREPARED AND APPROVED BY: Y ALB RTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROV AS TO FORM AND CORRECTNESS: r J GE LERNANDEZ C Y ATT RNEY 3 July , 1991. VIER L. SUAREIZ, MA 10901 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM Cesar , sar H. Odi City Manager DATE : J U L 1 719 91 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 $395,500, as a result of additional monies deposited into said fund due to successful forfeiture actions. Ordinance No. 10865, adopted on April 11, 1991, amended Ordinance No. 10021,. and established resources and appropriations for the "Law Enforcement Trust Fund", in the amount of $7,182,412. As a result of successful forfeiture actions there are an additional $395,500 available for deposit in the Law Enforcement Trust Fund. The request for the appropriation of these monies is required -for the funding of the Metro -Miami Action Plan Kingian Non -Violence Workshops and Regis House as well as several programs about to be brought before the Commission. 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. 10901 rrj 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 Wllliame, 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. 10901 In the X x X . ............. .... Court, was published in said newspaper In the Issues of Auust 5, 1991 prtblstiaIneaddCnteFienewsapepuihedaMiami sidDaeouylordand t at the Bald newspaper has heretofore been continuously pubtlshed In said Dads County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County Florida, for a period of one year next preceding the Bret p tion of the attached copy of advertisement• and afflant f her aye that she has neither paid nor promised any person, irm corporation any discount, rebate, commission or refu d t the purpose of securing this advertisement for pubIlea to n the eel d ewspaper. «�« • ttterorn t ` ibe ribed before me this r «. A.D. 10..91.. �1 +« (SEAL) "OFFICIAL NOTARY SEAL" OCTELMA V. FERBEYRE NY CIJbMI. EXP. 7/9/94 (SEE ATTACHED) Page 1 of 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 Sookle Wllliame, 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. 10901 In the X x X . ............. .... Court, was published in said newspaper In the Issues of Auust 5, 1991 prtblstiaIneaddCnteFienewsapepuihedaMiami sidDaeouylordand t at the Bald newspaper has heretofore been continuously pubtlshed In said Dads County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County Florida, for a period of one year next preceding the Bret p tion of the attached copy of advertisement• and afflant f her aye that she has neither paid nor promised any person, irm corporation any discount, rebate, commission or refu d t the purpose of securing this advertisement for pubIlea to n the eel d ewspaper. «�« • ttterorn t ` ibe ribed before me this r «. A.D. 10..91.. �1 +« (SEAL) "OFFICIAL NOTARY SEAL" OCTELMA V. FERBEYRE NY CIJbMI. EXP. 7/9/94 (SEE ATTACHED) Page 1 of 2 Page 2 of 2