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Res 2018-081/approving an Interlocal agreement regarding asset forfeitures within Comal County for the benefit of the Hays County Narcotics Task Force
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Res 2018-081/approving an Interlocal agreement regarding asset forfeitures within Comal County for the benefit of the Hays County Narcotics Task Force
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7/5/2018 2:05:55 PM
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6/4/2018 9:15:08 AM
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Resolutions
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Agreement
Number
2018-81
Date
5/29/2018
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and the San Marcos Police Department to be used for official law enforcement <br /> purposes as permitted by law. This formula shall apply to bench or jury trial <br /> dispositions which include settlements or judgments in favor of the State <br /> occurring after a case is set for trial. <br /> 3. Pre-Trial Disposition of Real Property: Thirty percent (30%) of any proceeds <br /> from sold Real Property shall be retained by the Prosecuting Attorney to be used <br /> for any purpose permitted by law. The Prosecuting Attorney agrees that Law <br /> Enforcement Agency shall retain the remaining seventy percent (70%) of any <br /> proceeds from sold Real Property to be distributed equally to the Hays County <br /> Sheriffs Office and the San Marcos Police Department to be used for official law <br /> enforcement purposes as permitted by law. This formula applies to default <br /> judgment, summary judgments, settlements or any other pre-trial dispositions. <br /> 4. Trial Disposition of Real Property: Forty percent (40%) of any proceeds from sold <br /> Real Property shall be retained by the Prosecuting Attorney to be used for any <br /> purpose permitted by law. The Prosecuting Attorney agrees that Law <br /> Enforcement Agency shall retain the remaining sixty percent (60%) of any <br /> proceeds from sold Real Property to be distributed equally to the Hays County <br /> Sheriff's Office and the San Marcos Police Department to be used for official law <br /> enforcement purposes as permitted by law. This formula shall apply to bench or <br /> jury trial dispositions which include settlements or judgments in favor of the State <br /> occurring after a case is set for trial. <br /> 5. It is specifically agreed by the parties that Forfeited Currency in amounts of less <br /> than or equal to $500.00 may be solely retained by the Prosecuting Attorney to <br /> be used for the official purposes of the office. <br /> 6. In regards to the seizure of contraband such as vehicles and other conveyances <br /> that may be of use to Law Enforcement Agency or the Prosecuting Attomey in <br /> the conduct of official business, the parties hereto shall agree in writing to <br /> allocate such property in a manner that best serves the operational interests of <br /> both parties. <br /> 7. Law Enforcement Agency shall be responsible for paying any fees associated <br /> with maintaining, towing, and storing any seized property, real or personal. <br /> It is further specifically agreed by the parties that should special circumstances in an <br /> individual case dictate that the proceeds of the forfeited contraband be shared with <br /> other law enforcement agencies or that the award to the Prosecuting Attorney be in a <br /> proportion other than that set out in this INTERLOCAL AGREEMENT, the parties may <br /> consent in writing to a different allocation of the proceeds in that case. In the absence <br /> of a specific agreement in writing with regard to a particular case, all distribution of <br /> seized property, or the proceeds there from, shall be in accordance with this <br /> INTERLOCAL AGREEMENT. <br /> Page 2 of 3 <br />
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