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HomeMy WebLinkAboutR-88-0117J-88- 78 12/30/87 i RESOLUTION NO.l99-117. A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER CONFISCATED WEAPONS AT NO CHARGE TO OTHER LAW ENFORCEMENT AGENCIES; FURTHER AUTHORIZING THE CITY OF MIAMI POLICE DEPARTMENT TO EXECUTE AN AGREEMENT FOR THE PROPER TRANSFER OF THESE WEAPONS. PURSUANT TO SECTION 18-51.4 OF THE CODE OF THE CITY OF M I A M I, FLORIDA. AS AMENDED. WHEREAS,=the City of Miami Police Department has a number of weapons which have come into its possession pursuant to provi- sions of Sections 790.08 and 932.701-704, Florida Statutes; and WHEREAS, the majority of these confiscated weapons do not meet the standard for Miami Police Department issue; and WHEREAS, the Miami Police Department has received requests from other law enforcement agencies who are in need of weapons; and WHEREAS, the Miami Police Property Unit has confiscated weapons in its inventory which may be donated to the requesting agency for use only for official purposes; and WHEREAS, such surplus weapons have a limited use other than by the City, and as such may be classified as Category "A" stock pursuant to Section 18-51.4 of the Code of the City of Miami, as amended; and WHEREAS, the transfer of weapons will be made to other law enforcement agencies pursuant to Section 18-51.4 of the Code of the City of Miami, as amended; and WHEREAS, it would be more beneficial to law enforcement, to execute the transfer of weapons to other law enforcement agencies rather than storing, selling or destroying the weapons; and WHEREAS, the weapons will be transferred to the receiving agency in "as is" condition upon execution of an j agree- ment which will hold harmless the City of Miami for the transfer of such weapons; and WHEREAS, the recipients shall agree to defray the cost of transporting these weauons_ to"their organization; CITY COMMISSION MEETING OF FEB 13 1988 IRESOWTION No. se-'si'7 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: li Section 1. The City Manager is hereby authorized, at his discretion, to donate confiscated weapons to other law enforce- ment agencies for official purposes only, upon execution of an agreement for the proper transfer of these weapons. PASSED AND ADOPTED this 18th day of February-, 1988. XAVIER L. SU Z, MAY ATTEST: i TY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT CLARK CHIEF DEPUTY CITY ATTORNEY APPROLDS' TO FORM AND CORRECTNESS: LUCIA A. D UGHERTY CITY ATTORNEY -2- L a CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM to. ' DATE: Honorable Mayor and Members %Omit v , of the- City Commission susJEcr: v Transfer of Confiscated Weapons FROM. Cesar H. Od i o REFERENCES: City Manager ENCLOSURES: 1 t RSCO![l KDAT1OB: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to transfer, at his discretion, confiscated weapons to other law enforcement agencies as authorized by Sections 18-51.4 of the Code of the City of Miami. BACKGROUND: The Miami Police Department's Property Unit has confiscated weapons it would like to transfer to otispz law enforcement agencies as authorized by Section 18-51.4 of t,i,-! Code of the City of Miami rather than storing, selling or destroying. These weapons will be transferred in "as -is" condition and the recipient has agreed to defray the cost to transport these weapons to their organization. Therefore, it is recommended that the City Commission adopt the attached resolution authorizing the City Manager to transfer, at his discretion, confiscated weapons. CHO:s1 1-!