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Res 1989-108
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Res 1989-108
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8/3/2007 10:32:47 AM
Creation date
8/3/2007 10:32:47 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1989-108
Date
10/9/1989
Volume Book
96
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<br /> 39 <br /> DISPOSITION OF FORFEITED PRJPERI'Y AGREEMENl' <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> This agreanent is made and entered into, pursuant to Chapter 59 of the Texas <br />Code of Criminal Procedure, by and between the Hays County Criminal District <br />Attorney, the attorney representing the State of Texas in Hays County, hereinafter <br />referred to as "Attorney" and the City of San Marcos Police Departrnen t, a law <br />enforcement agency in Hays County, œreinafter refen-ed to as "Agency". The parties <br />hereto have severally and collectively agreed and by the execution hereof are bound <br />to the agreanent he~-einafter described: <br /> As per Article 59.06 of Chapter 59 of the Texas Code of Criminal Procedure, all <br />forfeited property shall be aàninistered by the Attorney, acting as the agent of the <br />State of Texas, in accordance with accepted accounting practices and with the <br />provisions of this agreanent. <br /> I . OON-~ PROPERI'Y <br /> 1. The Attorney may transfer property which is not rroney to the seizing Hays <br />County Agency for the Agency to maintain, repair, use, and operate such property for <br />official purposes, if the property is free of any interest of an interest holder. <br />Should the forfeited property not be free of an interest of an interest holder, then <br />the Agency may purchase the interest so that the Attorney may then transfer the <br />property to the Agency for its use. <br /> 2. The Agency may maintain, repair, use, and operate the property with money <br />appropriated for current operations. <br /> 3. If the property transfered by the Attorney is a rrotor vehicle subject to <br />registration under the rrotor vehicle registration laws of Texas, the Agency is <br />considered to be the ¡;:urchaser and the certificate of title shall issue to the <br />Agency. <br /> 4. The Agency may further transfer the property received from the Attorney to a <br />rrunicipal or county law enforcanent agency for the use of that agency. <br /> II. MJNEY PROPERrY <br /> All rooney, securities, negotiable instIUlTlents, stocks or bonds, or things of <br />value, or proceeds from the sale of these it€fi5, shall be distributed by the Attorney <br />as follows: <br /> 1. The Agency shall receive from the Attorney an amount equal to ninety per <br />cent ( 90%) of the total anoun t of the money property forfeited, or the proceeds <br />received fran the sale of forfeited securities, negotiable instruments, stocks or <br />bonds, or things of value. <br />
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