HomeMy WebLinkAboutO-09257ORDINANCE N0. g 2 5.7-
AN ORDINANCE ESTABLISHING A LAW ENFORCEMENT
TRUST FUND PURSUANT TO FLORIDA STATUTES
KNOWN AS THE "FLORIDA COUNTRABAND FORFEITURE
ACT"; INSTRUCTING THE CITY MANAGER TO DIRECT
THE DIRECTOR OF FINANCE TO OPEN AND ADMINIS-
TER AN ACCOUNT DESIGNATED "LAW ENFORCEMENT
TRUST FUND"; ESTABLISHING CRITERIA AND
PROCEDURES FOR APPROPRIATIONS FROM THE TRUST
ACCOUNT; REQUIRING QUARTERLY REPORTS; REQUIR-
ING DESIGNATED AUTHORIZED PERSONS TO SIGN CHECKS
AND WARRANTS, TO BE FILED WITH THE CITY CLERK;
REQUIRING TWO SIGNATURES ON EACH CHECK AND
WARRANT; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE;
AND DISPENSING. WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
WHEREAS, the Florida Legislature amended Sections 943.41
through 943.44, the "Florida Contraband Forfeiture Act"; and
WHEREAS, the recent amendments of the "Florida Contraband
Forfeiture Act" were designated to aid law enforcement agencies
by providing in part for municipal law enforcement agencies to
pursue forfeiture actions at law against seized property; and
WHEREAS, the recent amendment of the "Florida Contraband
Forfeiture Act" provides that the proceeds of all successful
forfeiture actions at law be deposited into a special "Law Enforce-
ment Trust Fund" to be utilized as prescribed by law for law
enforcement purposes only; and
WHEREAS, the City Commission desires and intends to fulfill
the requirements of sections 943.44(3)(a) and 943.44(5), Florida
Statutes (1980), relating to the proceeds from the sale or other
acquisition of forefeited property;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby instructed to direct
the Director of Finance to open and administer an account to be
designated "Law Enforcement Trust Fund". Said trust account is
to receive proceeds from forfeiture actions at law pursuant to the
provisions of the Florida Contraband Forfeiture Act (Florida
Statutes 943.41 through 943.44). Appropriations from the trust
account to the Miami Police Department shall be made pursuant to
a resolution of the City Commission and shall be for the purposes
r
of defraying the costs of protracted or complex investigations, to
provide additional technical equipment or expertise, to provide
matching funds to obtain federal grants, or for such other law
enforcement purposes as the City Commission deems appropriate.
Section 2. The Budget Unit of the Miami Police Department
shall make a quarterly report to the City Commission specifying
the type and approximate value of the property recovered and the
amount of any proceeds received.
Section 3. The Miami Police Department shall file with the
City Clerk the names and the signatures of all persons authorized
to sign checks and warrants drawn on the trust account. Two of
the designated signatures shall be required on all such checks
and warrants.
Section 4. The provisions of this ordinance shall become
effective on May 18, 1981.
Section S. All ordinances or parts of ordinances in conflict
herewith, insofar as they are in conflict, are hereby repealed.
Section 6. Should any section, part of section, paragraph,
clause, phrase, or word of this ordinance be declared invalid,
the remaining provisions of this ordinance shall not be affected.
Section 7. It is the intention of the City Commission that
the provisions of this ordinance shall become and be made a part
of the Code of the City of Miami, Florida, and the sections of this
ordinance may be renumbered or relettered to accomplish such inten-
tion; and that the word "ordinance" may be changed to "section",
"article", or other appropriate word.
Section 8. The requirement of reading this ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
PASSED AND ADOPTED this 9th day of April , 1981.
Maurice A. Ferre
M A Y 0 R
S T :-,
RALP G. GIE, CITY CLERK
9257
PREPARED AND APPROVED BY:
AL ED L . E S AN
A SISTANT CITY ATTORNEY
APPROVEV--a TO FORM AND _CD#VX,,CTNESS:
GEORGE F. NOX, JR.
CITY ATTO EY
-2- 9257
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Staurday. Sunday and
Legal Holidays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared
Sarah Williams who on oath says that she is the Director
of Legal Advertising of the Miami Review and Daily Record,
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 or Notice in the matter of
City of Miami
Ordinance No. 9257
X X X
in the ............. ................... .... Court,
was published in said newspaper in the issues of
April 15, 1981
Affiant further says that the said Miami Review and
Daily Record 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 Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and
affiant fu her says that she has neither paid nor promised
any p so . firm or corporation any discount, rebate,
commfssibn or refund for the purpose of securing this
;adverent for public;the said newspaper.
!Sw mQAnd sutistT�tlefore me this
15 h p! ... of 0r ,t ,\ 81...
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-Qc ma.. F®i0 rq
btaq PU611C!9taleAl ?id at Large
(SEAL) tr\
My Commission exNas 5ri�te�tis! ��y�
CITY 00 MIIA�If;,
DADE COQNTY, FLORIDA
LEGAL NOTICE
All interested will take notice that on the 9th day of April, 1981,
the City Commission of Miami, Florida adopted the following titled
ordinances:
ORDINANCE NO.9253
AN ORDINANCE AMENDING SECTIONS 4 AND 5 of
ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1961, AS AMENDED; BY
INCREASING THE APPROPRIATION FOR THE TRUST AND'
AGENCY FUND, SELF INSURANCE, IN THE AMOUNT OF
$51.931.00 FOR THE PURPOSE OF FUNDING TWO NEW
POSITIONS IN THE RISK MANAGEMENT DIVISION OF THE
FINANCE DEPARTMENT, FOR THE PURPOSE OF OFFICE
RENOVATIONS; AND THE REIMBURSEMENT OF TRAVEL
EXPENSES FOR APPLICANTS FOR THE POSITION OF
ASSISTANT FINANCE DIRECTOR FOR RISK MANAGEMENT: .
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF
READING SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOURggFTHS OF THE MEMBERS OF THE
COMMISSION.
ORDINANCE NO.9254
MR-70
IN THE AFORESAID CODE SECTION AS I1V
CORRECTING THE SCRIVENER'S ERROR IN $AID NOWN
S OF ORDINANCE NO.9243 TO ACCURATELY READ "l3EOMN
2.233"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9255
AN ORDINANCE AMENDING SECTION 1 OF ORDINANOE
NO. 8710, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY
ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED
"CIVIL DISTURBANCE DISCRETIONARY GRANT", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME
IN THE AMOUNT OF $1,160,000; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9256
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, 01
ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED
"REFUGEE DISCRETIONARY GRANT", AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $1,010,000; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9257
AN ORDINANCE ESTABLISHING A NEW ENFORCEMENT
TRUST FUND PURSUANT TO FLORIDA STATUTES KNOWN
AS THE "FLORIDA COUNTRABAND FORFEITURE ACT";
INSTRUCTING THE CITY MANAGER TO DIRECT THE
DIRECTOR OF FINANCE TO OPEN AND ADMINISTER AN
ACCOUNT DESIGNATED "LAW ENFORCEMENT TRUST FUND",
ESTABLISHING CRITERIA AND PROCEDURES FOR
APPROPRIATIONS FROM THE TRUST ACCOt1NT; RECMNQ
QUARTERLY REPORTS; REQUIRING DESIGNATED";
AUTHORIZED PERSONS TO'SIGN 'CHECK$' -AND'
ViM1RRANTS,TO BE FILED WITH THE CITY CLERK: REQUIWW
TWO SIGNATURES ON EACH CHECK AND WARRANT;. `
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9258
AN ORDINANCE AMENDING SECTIONS 1, 2, J, AND 5 OF
ORDINANCE'NO. 9179, ADOPTED OCTOBER 3, .1980, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL.
YEAR ENDINQ SEPTEMBER 30, 1981, AS AMENDED; BY
INCREASING THE FOLLOWING 'APPROPRIATIONS IN THE
AMOUNTS INDICATED: GENERAL FUND, $1,220,591;'
ENTERPRISE FUNDS, $725,895; INTERNAL SERVICE FUNDS,
$1,153,890; TRUST AND AGENCY.FUNDS, $251,10%AND BY
INCREASING ANTICIPATED REVENUES IN THE. SAME
AMOUNTS, RESPECTIVELY, FROM THE RETAINED EARNRVGS ;
OR FUND BALANCE OF EACH ACCOUNT; TO COVER
OUTSTANDING COMMITMENTS FOR PURCHASE ORDERS
ISSUED IN FISCAE YEAR 1980 AND PAID IN FISCAL YEAR
1981; CONTAINING A REPEALER PROV,ISfON AND A.
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF,
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.9259
AN EMERGENCY ORDINANCE AMENDING SECTION '1 OF
ORDINANCE NO.9100, THE CITY% CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1M081;
AS AMENDED; BY ESTABLISHING SUBSECTION DG, CAPITAL
IMPROVEMENT FUND, PROJECT 0. (II) 18.• CITY OF
MIAMIIUNIVERSITY OF MIAMI - JAMES L. KNIGHT
INTERNATIONAL CENTER AND PARKING GARAGE (7034)
IN THE AMOUNT OF $4400,000 FROM PROCEEDS OF THE
INTERAMA LAND SALE; AND TRANSFERRING SAID AMOUNT
TO SUBSECTION X., JAMES L KNIGHT CONVENTION CENTM
ENTERPRISE FUND, PROJECT B. 1. CITY OF MIAMII
UNIVERSITY OF MIAMI - JAMES L KNIGHT INTERNATIONAL
CENTER AND PARKING GARAGE (7034), CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE,
ORDINANCE NO.9250
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO, 9190. ADOPTED NOVEMBER 6,19M, THE CIT" CAPITAL,
IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FTBOAL
YEAR 198"1; AS AMENDED; BY TRANSFERRING $12400 .
FROM THE REMAINING PARKS FOR PEOPLE DISTRICT V!I
IMPROVEMENTS QTEM VI.B"TO A NEW PRDJW IWF RMI
MACEO PARK FO OM PTEM VI.OA BY,DELEW.aR
FROM CURTIS PARK DEVELOPMjNT pTEM.DK.B,(q/8,{(�
TRANSFERRING ;I3E.000 FROM QUOT11111,AR
DEVRMMENT (ITEM "04" nQ DARK °
FOR THOSE Wli H At NEB,
TRANBFERRIh#0 E/t1'1000 nipl
DEPAATWMKT DF TFIE BITE IVfl UMBA1f-PARK AMU
RECAtAtION (=U D " LOW M"
y+AAK (ITEM ox.E:(i �t "" ��Ni`Mt RO A.AE CIA
PRbVr810N ANCI BEV BILITY CLAM, AND
V61TH , THE MQUIFtEMEi`11' OF AEAt�I EIINJE
twvg
9EPARIITE BAYS EY A ViiTE OF NOT LE$$ THAN
FIFTH OF TNE. MEMEEPA OP THE COMMI$WN.
(CITY SEAL) RALPH 0. CkOIE
CITY CLERK
CI1Y OF MIAMI, FLORIDA
Publicel(on of this Notft do the 16th day of Aodl 1061: y'
e115 illrtl1� {>
/ e..N
:iTY OF •.II:,r11. ZC}F21CA
_:it�EMORANOWA
Richard L. Fosmoen March 11 , 1981 LEG 9-2
City Manager Proposed Ordinance
A__t_1u.LLk11tt /XLLLA_(A'__1
Kenneth 1. Harm4. _ REFERENCES
Chief of PoNrce —
It is recommended that pursuant to recently
amended State statutes, a special "Law
Enforcement Trust Fund" be created by the
Director of Finance per the attached ordi-
nance.
Pursuant to recently amended statutes, the Miami Police Department may
now proceed on forfeiture actions at law through its own legal counsel.
The trust fund account is mandated by law. There currently exists for-
feiture proceeds totaling in excess of $12,000.00 which will consti-
tute the res of the proposed trust account. Once the trust account
is created, the Miami Police Department Budget Unit will effectuate
the bookkeeping.
KIH:mm
9257
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