Res 2013-082/Approving an interlocal agreement regarding Asset Forfeitures within Hays County

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E. Regarding Sections A through D listed above, the Attorney Representing the State will issue the proper notices upon request of the Agency. The Attorney Representing the State will also draft and file the proper motions and orders upon request of the Agency. F. Publication costs in regards to Sections A and B listed above are to be administered by the Agency. III. K -9 Response Situations If, in connection with a seizure and forfeiture described in this Agreement, an Agency requests and obtains the services of a drug- detecting K -9 in service with another Agency, and that drug- detecting K -9 contributes to the evidentiary value of the seizure, the two Agencies shall confer on a case -by -case basis regarding what percentage of the forfeiture shall be disbursed to the Agency in which provided the drug - detecting K -9. A. Hays County Narcotics Task Force Case. Provided that the Hays County Narcotics Task Force is comprised of San Marcos Police Department officers and Hays County Sheriff's Office deputies, in the case that the Hays County Narcotics Task Force is the Agency providing the drug- detecting K -9,of the percentage determined by the two Agencies, the forfeiture distribution shall be further divided as follows: 50% of the proceeds attributable to the seizing agency to the San Marcos Police Department, and 50% of the proceeds attributable to the seizing agency to the Hays County Sheriff's Office. IV. General Forfeiture Terms A. The Attorney Representing the State may transfer forfeited property, such as vehicles or other conveyances, to the Seizing Agency to maintain, repair, use, operate, and put into service for official business. The Parties may agree in writing to allocate such forfeited property in a manner that best serves the operational interests of the Parties. B. This Agreement shall apply to all contraband forfeited pursuant to Chapter 59 of the Texas Code of Criminal Procedure, and other seizures and forfeitures that occur from and after the effective date of this Agreement. In the absence of an individual written agreement for a specific seizure, the distribution of forfeited property, or the proceeds from the sale thereof, shall be in accordance with this Agreement. C. The Parties agree that special circumstances may dictate that the proceeds of forfeited property be shared with other law enforcement agencies. In those special circumstances, the Attorney Representing the State, the Agency, and the other law enforcement agency(s) may agree to allocate property or proceeds in accordance with a written agreement among the Attorney Representing the State, the Agency, and the other law enforcement agency(s), to be negotiated on a case -by -case basis. 2013 Interlocal Agreement - Asset Forfeitures Page 6