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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This INTERLOCAL AGREEMENT shall be in effect from and after the 1st day of April, 2018. It is the specific intention of the parties that this INTERLOCAL AGREEMENT shall automatically be renewed on a yearly basis unless either party shall notify the other within thirty (30) days prior to the date of expiration that it intends not to renew the INTERLOCAL AGREEMENT. Either party may terminate this INTERLOCAL AGREEMENT at any time, and for any reason or for no reason, by giving written notice of the specific termination date at least thirty (30) days and no more than sixty (60) days prior to that date. In the event a forfeiture proceeding has been commenced prior to the termination date of the INTERLOCAL AGREEMENT or the notification with regard thereto, said forfeiture shall not be affected by the termination of the INTERLOCAL AGREEMENT or the notification of intended termination. This INTERLOCAL AGREEMENT revokes and supersedes any prior agreement between the parties. It is the specific intention of the parties that this INTERLOCAL AGREEMENT shall apply to all things finally forfeited to the State pursuant to Chapter 59 of the Texas Code of Criminal Procedure from and after the effective date of this INTERLOCAL AGREEMENT. Money and property shall be considered to have been finally forfeited to the State when the forfeiture judgment has become final and no motion for new trial or appeal has been taken. Forfeiture proceedings pending on the effective date of this INTERLOCAL AGREEMENT may be covered by this INTERLOCAL AGREEMENT if the parties agree to such in writing with regard to each such pending case. If lawful money of the United States is seized as contraband pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure and falls under the terms of this INTERLOCAL AGREEMENT, at the time of providing their affidavit of probable cause under Chapter 59, the Law Enforcement Agency shall give the money to the Prosecuting Attorney, and the Prosecuting Attorney may deposit funds in an interest- bearing account in the Comet County Treasury to be maintained until final disposition of said funds. All disbursement of forfeited funds held in such accounts shall include any interest that has accrued except as otherwise provided herein. Disbursement of funds shall be made when a final judgment has been properly executed, a certified copy of such judgment has been duly served upon each party, and all reasonable costs associated with the maintenance of said funds have deducted therefrom. For the 0 - of the Prosecuting Attorney: 11111111S Je• i e n©if'p, aminal District Attorney nate: 6 4 For the San Marcos Police Department: Fort Hays Count erif ffice: Printed Name: Printed Na : GA t7 CMTLe.e Date: Date: oS/a3) ?o/8