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HomeMy WebLinkAbout09209 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