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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/01/2007 - SECOND READING OF ORDINANCE NO. 052, 2007, APPROPR ITEM NUMBER: 6 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS CITY COUNCIL STAFF: Tom McLellan SUBJECT Second Reading of Ordinance No. 052, 2007, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,unanimously adopted on First Reading on April 17,2007,appropriates$28,040 into the Fort Collins Police Services budget. This amount represents money awarded by the courts pursuant to civil asset seizure and forfeiture actions in 2006 and previous years as well as pro-rata distributions from the Larimer County Drug Task and federal government seizure actions. These funds are held in a General Fund restricted reserve account awaiting appropriation. The funds will be used by Fort Collins Police Services 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. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- April 17, 2007. ATTACHMENT 1 ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: April 17, 2007 FORT COLLINS CITY COUNCIL STAFF: Tom McLellan SUBJECT First Reading of Ordinance No. 052,2007, 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 appropriatesC8,040i the o ns a Services budget. This amount represents moneyawardedbys su o vil asset izure and forfeiture actions in2006 and previous years as well as pis ns the er County Drug Task and federal government seizure actions. These funds are held in a General Fund restricted reserve account awaiting appropriation. The funds will be used by Fort Collins Police Services 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. 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 crimin du c d a th s to defraying the costs of law enforcement. Asset seizure and forfeiture ac s ° 1 es at have n reviewed, filed, and pursued by the District Attorney's asset forfeiture specialist, and 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. Colorado state law requires that the proceeds from successful asset seizure and forfeiture actions be used for law enforcement purposes and that the governing body of the seizing agency appropriates April 17, 2007 -2- Item No. 12 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 authorizes the creation of a Forfeiture Committee which must consist of the Mayor, District Attorney and Chief of Police, or their designees. The Committee jO z budget and spending decisions made by the Chief of Police. The local Forfeiture Committe on2007 an pproved the 2007 Seizure Fund Budget. ATTACHMENTS 1. 2006 Annual Seizure Fund Report. 0 P Y � COPY' ORDINANCE NO. 052, 2007 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, in accordance with state law, has seized illegal contraband from individuals engaged in criminal activities through the use of civil forfeiture proceedings; and WHEREAS, funds from police seizure activities in 2006 and prior years, in the amount of $28,040 are in a restricted reserve account in the General Fund for such funds; and WHEREAS, police seizure funds, pursuant to state statue, are to be expended for law enforcement purposes other than those constituting ongoing operating expenses of Police Services; and WHEREAS, some of the funds will be used by Police Services for special purchases of training, services, and commodities to enhance the quality of customer service, and some of the funds will be used in partnership with a variety of community groups to fund prevention programs for youth, anti-violence, and diversity issues; and WHEREAS,the local Forfeiture Committee,consisting of the Mayor, District Attorney and Chief of Police, or their designees, approved the 2007 seizure budget on March 19, 2007; 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 TWENTY EIGHT THOUSAND FORTY DOLLARS ($28,040) 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. Introduced, considered favorably on first reading, and o red published this 17th day of April, A.D. 2007, and to be presented for final passage on th Is ay of May A.D. 20 qayoCj \TTEST: City Clerk Passed and adopted on final reading on the lst day of May, A.D. 2007. Mayor ATTEST: City Clerk 2007 Proposed Budget EXHIBIT "A PROGRAM: Police Seizure Fund — 2007 Chart of Accounts Proposed Budget Contractual 527400 Training/Education- --Youth Police Academy 3,000 Explorer Scout Conference 4,500 D.A. Training 1,500 Subtotal 9,000 529290 Other Contractual 2007 Drug Free Calendar(billed to FCPS after year-end) 894 2008 Drug Free Calendar 2,500 Team Fort Colins - Red Ribbon Week(DA st)_Reque 500 Victim Assistance Emergency Fund (DA Request) 200 Ballistic Vests (DA Request) 450 PSD After Prom Sponsorship 1,200 Larimer County Child Advocacy Center 2,000 Request from Mayor 500 Other Charitable Organizations 1,500 (Food Bank of Larimer County$250) Subtotal 9,744 Total Contractual Services 18,744 Commodities 539320 Other Commodities Police Partnership Grants 1,000 Subtotal 1,000 Total Commodities 1,000 Total Proposed Budget 19,744 Capital (Savings) 544520 Other Capital 2008 Carry-over(Future Needs) 81296 Total 8,296 GRAND TOTAL 28,040