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ORDINANCE NO. 9209
AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW
CHAPTER 12 PERTAINING TO THE RECEIPT OF
FEDERALLY FORFEITED PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Title XI of the Pueblo Municipal Code, as amended, is hereby amended by the
addition of a new Chapter 12 to read as follows:
Chapter 12
Receipt of Federally Forfeited Property
Sec. 11-12-1. Declaration of Policy.
The City declares that the purpose of this Chapter is to protect and
preserve public safety and is necessary for the prevention of crime and
apprehension of criminals in the City of Pueblo. The practice of directly receiving
forfeiture payments from federal agencies serves a local need by providing
necessary funds to the City’s Department of Police. The City further declares that
the receipt by the City’s Department of Police of forfeiture payments directly from
federal agencies is solely a matter of local concern and is not a matter of state
concern because the State of Colorado plays no role in that process. The City
further finds that federal statutes comprehensively control the process of
transferring federally forfeited property to local law enforcement agencies and that
this Chapter is necessary for the accomplishment of the full objectives of
Congress. This Chapter is adopted pursuant to authority granted to the City, as a
home rule municipality, by Article XX of the Colorado Constitution, to enact
legislation regarding matters of local concern.
Sec. 11-12-2. Receipt of forfeiture payments from federal agencies.
The City’s Department of Police, as a seizing agency or as a
participant in any joint task force or other multijurisdictional collaboration, is
authorized to apply for and accept payment or distribution from a federal agency
of all or a portion of any forfeiture proceeds resulting from adoption or a joint
task force or other multijurisdictional collaboration.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance to implement the policies and
procedures described herein.
SECTION 3.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED November 27, 2017
BY: Ed Brown
PASSED AND APPROVED: December 11, 2017
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE XI OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 12 PERTAINING TO THE RECEIPT OF
FEDERALLY FORFEITED PROPERTY
SUMMARY:
Attached is an Ordinance amending Title XI of the Pueblo Municipal Code to add a new Chapter
12 concerning the receipt by the City’s Department of Police of federally forfeited property.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The attached Ordinance confirms that the City of Pueblo’s Department of Police is authorized to
apply for and receive forfeiture payments from agencies of the U.S. Government. The attached
Ordinance also confirms that because forfeiture payments from federal agencies are made
directly to the City’s Police Department, without any involvement by the state government, it is a
matter solely of local concern under Article XX of the Colorado Constitution.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to adopt this Ordinance could undermine the Police Department’s receipt of future
forfeiture proceeds from the federal government.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance