HomeMy WebLinkAboutOrdinance 5991 10/01/2001
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Ordinance No. 5991 (Special)
An Ordinance Implementing The Oregon Constitution
Article XV, Subsection 10(7) (c)
Enacted by Measure 3, the Oregon Property Protection Act of 2000,
at the General Election November 7, 2000
Providing for Property or Proceeds Forfeited Under
Subsections 10(3), (5), & (8)
to be Deposited in the City of Springfield General Fund
FINDINGS
Article XV of the Constitution of the state of Oregon was amended
by Measure 3 enacted at the General Election November 7, 2000 to
include a new section 10, titled the Oregon Property Protection
Act of 2000; and
Subsection 10(7) of the Oregon Property Protection Act provides
that property or proceeds forfeited under Subsections
10(3), (5)&(8) of the Oregon Property Protection Act shall be
distributed in the following order:
(a) To the satisfaction of any foreclosed liens, security
interest and contracts in the order of their priority;
(b) To the State or any of its political subdivisions for actual
and reasonable expenses related to the costs of the
forfeiture proceeding, including attorney fees, storage,
maintenance, management, and disposition of the property
incurred in connection with the sale of any forfeited
property in an amount not to exceed twenty-five percent of
the total proceeds in any single forfeiture;
(c) To the State or any of its political subdivisions to be used
exclusively for drug treatment, unless another disposition
is specially provided by law; and
Subsection 10(7) (c) specifies that property or proceeds forfeited
to the City of Springfield, as a political subdivision of the
state, is to be used exclusively for drug treatment, unless
another disposition is specially provided by law; and
The City of Springfield desires to specially provide by law that
property or proceeds forfeited to the City of Springfield under
Article XV 10(7) (c) are to be deposited into the General Fund so
that they are available for all lawful General Fund purposes; and
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Such deposits into the General Fund and this Ordinance are in
accordance with Oregon Constitution, Article XV, Subsection
10 (7) (c) .
NOW THEREFORE, in view of the foregoing Findings and Recitals
which are expressly made a part of this Ordinance the city of
Springfield does ordain as follows:
1. The City of Springfield shall deposit the property or
proceeds distributed to the City of Springfield under Oregon
Constitution Article XV 10(7) (c) to the General Fund of the
City of Springfield to be available for all lawful General
Fund purposes.
2. In the event any section, clause, sentence or provision of
this Ordinance should be declared for any reason to be
invalid, such declaration of invalidity shall not affect the
validity of any other section, clause, sentence or provision
of this Ordinance which can be given effect without such
invalid part or parts.
Passed by the City Council this 1st day of October
by a vote of 5 for and 0 against.
, 2001,
Signed by the Mayor this 1st
day of
October
, 2001.
REVIEWED & APPROVED
AS ;;ro FORM\ \
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DATE: "'b ~I \'2(:)0 ~
OFFICE OF CITY ATTORNEY
ATTEST:
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City Recorder
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