Ordinance NO. 2011-3

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN
VIEW STATE OF COLORADO

ORDINANCE NO. 2011-3

TITLE: AN ORDINANCE AMENDING SECTION 4-1-60 OF THE MOUNTAIN VIEW MUNICIPAL CODE BY REPEALING AND REENACTING SUBSECTION 4-1-60 TO CLARIFY THE AUTHORITY OF THE TOWN COUNCIL TO APPROVE THE USE, DISPOSITION AND EXPENDITURE OF FORFEITED PROPERTY

WHEREAS, on December 14, 2009, the Town Council approved Ordinance 2009-21, creating within the Town budget two special funds: the Open Space Fund and the DEA Fund;

WHEREAS, the Town Council desirers to amend the provision concerning the DEA Fund to clarify the role of the Town Council in using, disposing, or expending any forfeited property.

NOW, THEREFORE, THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section I. Section 4-1-60 of the Mountain View Municipal Code is hereby repealed and reenacted to read as follows:

Sec. 4-1-60. Special funds.

Beginning with the 2010 budget, the Town Council, in accordance with Section 9.9 of the Town’s Charter, hereby creates the following two (2) discrete special funds for the discrete purposes set forth herein:

  1. (a)  Open Space Fund. The Town shall deposit into the Open Space Fund those funds received from the Jefferson County Open Space / Conservation Trust Fund. The Open Space Fund shall be used according to the terms and conditions imposed by Jefferson County.
  2. (b)  DEA Fund. The Town shall deposit into the DEA Fund those funds received from the

federal Drug Enforcement Agency (“DEA”) as a result of the Town’s intergovernmental agreement with the DEA concerning the equitable sharing of federally forfeited property. The funds in the DEA Fund shall be used for authorized law enforcement purposes and in accordance with the U.S. Department of Justice publication, “A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies,” published March 1994, as amended.In addition to the requirements of Section 16-13-701, C.R.S., et seq., and any other applicable state or federal law, and any applicable Town Charter or ordinance provision, no forfeited property shall be used or disposed of and no forfeited proceeds shall be expended, until the Town Council, acting by motion, has approved such use, disposition or expenditure.

Section 2. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRSTREAD,PASSEDANDORDEREDPOSTEDONFIRSTREADINGTHIS14THDAY NOVEMBER, 2011

PASSED, ADOPTED, AND APPROVED ON SECOND READIN THIS 12TH DAY OF DECEMBER, 2011