HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2005 - SECOND READING OF ORDINANCE NO. 040, 2005, APPROPR ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: May 3, zoos
FORT COLLINS CITY COUNCIL STAFF: Don Vagge
SUBJECT
Second Reading of Ordinance No. 040,Appropriating Prior Year Reserves in the General Fund for
Police Seizure Activity.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Nearly 100 years ago,the Colorado Legislature passed legislation allowing for the seizure of illegal
contraband used in or gained from criminal activity. The intent is to deter crime and to recover
proceeds gained through criminal conduct and apply those assets to defraying the costs of law
enforcement.
Asset seizure and forfeiture actions are civil cases in Latimer County that have been reviewed,filed,
and pursued by the District Attorney's asset forfeiture specialist, and in Latimer County they are
always accompanied by a parallel criminal prosecution. The defendant is served with a written
summons, an affidavit detailing probable cause, and an advisement of legal rights and procedures
for exercising due process. The defendant is entitled to a civil trial.
Ordinance No. 040, 2005, was unanimously adopted on First Reading on April 19, 2005.
ORDINANCE NO. 040, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES
IN THE GENERAL FUND FOR POLICE SEIZURE ACTIVITY
WHEREAS,Fort Collins Police Services("FCPS"),in accordance with state law,has seized
illegal contraband used in or gained from criminal activities through civil asset seizure and forfeiture
proceedings; and
WHEREAS, funds from police seizure activities in 2004 and prior years, in the amount of
$36,992, are in a restricted reserve account in the General Fund; and
WHEREAS, police seizure funds, pursuant to state statute, are to be expended for law
enforcement purposes other than those constituting ongoing operating expenses of FCPS; and
WHEREAS, the funds will be used by FCPS to purchase new equipment and training, as
well as fund partnerships with community groups that seek to promote positive youth activities,anti-
violence, anti-drug, and diversity activities; and
WHEREAS,the local Forfeiture Committee,consisting of the Mayor,District Attorney and
Chief of Police, or their designees, have approved the 2005 Police Seizure Fund Budget; and
WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure
as may be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from prior year reserves in the General
Fund the total sum of THIRTY-SIX THOUSAND NINE HUNDRED NINETY-TWO DOLLARS
($36,992) for Fort Collins Police Services'expenditures which are consistent with its functions and
duties, but distinct from its normal operating needs, as shown on Exhibit "A", attached hereto,
provided, however, that the Chief of Police is hereby authorized to change the amounts allocated
to any of the individual recipients or purposes shown on Exhibit "A", within the total amount
appropriated herein.
Introduced and considered favorably on first readin d ordered published this 19th day of
April, A.D. 2005, and to be presented for final passage n t 3rd da of y A . 2 05.
Mayor
�T:
City Clerk
Passed and adopted on final reading this 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: April 19, Zoos
FORT COLLINS CITY COUNCIL STAFF: Don Vagge
SUBJECT
First Reading of Ordinance No. 040, Appropriating Prior Year Reserves in the General Fund for
Police Seizure Activity.
RECOMMENDATION
Staff and the Forfeiture Committee recommend adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
This Ordinance appropriates $36,992 into the Police Services budget. This amount represents
money awarded by the courts ua�t a i anViorfeiture actions in 2004 and
previous years as well as pro to distr ution L "er County Drug Task Force and
federal government seizure a •ons. a fu s e held i General Fund restricted reserve
account awaiting appropriation.
The funds will be used by Police Services to purchase new equipment and to fund training as
well as partnerships with community groups that seek to promote positive youth activities, anti-
violence, anti-drug, and diversity activities.
EXECUTIVE SUMMARY
Nearly 100 years ago, the Colorado Legislature passed legislation allowing for the seizure of
illegal contraband used in or gained from criminal activity. The intent is to deter crime and to
recover proceeds gained through criminal conduct and apply those assets to defraying the costs
of law enforcement.
Asset seizure and forfeiture a ons a eOvilcey unty that have been reviewed,
filed, and pursued by the Dis ct Attocialist, and in Larimer County
they are always accompanied aThe defendant is served with a
written summons, an affidavit detailing probable cause, and an advisement of legal rights and
procedures for exercising due process. The defendant is entitled to a civil trial.
Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions
are to be used for law enforcement purposes and that the governing body of the seizing agency
appropriates these proceeds to supplement the seizing agency's budget or, in the alternative,
forfeit the proceeds to the general fund of the State of Colorado. Colorado state law also
April 19, 2005 -2- Item No. 18
authorizes the creation of the Forfeiture Committee which must consist of the Mayor, District
Attorney and Chief of Police, or their designees. The Committee oversees and approves the
seizure budget and spending decisions made by the Chief of Police.
The local Forfeiture Comm itt met oOai
5 rp oved the 2005 Seizure Fund
Budget which is attached to th xOrdina t A."
ATTACHMENTS
1. 2004 Annual Seizure Fund Report
0 P
COPY