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13-R-15 Interlocal Agreement with Comal County District AttorneyRESOLUTION NO, 13-R-IS A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE COMAL COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an interlocal agreement with the Comal County District Attorney relating to the disposition of forfeited property; and WHEREAS, the City Council has determined that it is in the best interest of the City to eantract with the Comal County District Attorney pursuant to the Interlocal Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Comal County District Attorney in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof az•e hereby found to be true, and such recitals are hereby made a paz•t of this Resolution for all puzposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the mattez•s resolved herein. Section ~. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section S. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as zecluired by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in farce and effect from and after its final passage, and it is so resolved. _._ ~ y-t ^ ~v Y _ _ y i~.l[-s o- r~'~ t~ $~ ~ .~ EXHIBIT A INTERLOCAL AGREEMENT so~os~ ~ ~. - A-1 ~ `'~-w _ r - - - _ ~ _.~ as Kf _.. _l _ _ , __-_ _ .a ~.. ,.. .. .~. .- . ~. ~ ~ _ ~` 3. Pre-Trial Dis osition of Real Pro ert :Thirty percent (30%} of any proceeds from sold Real Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining seventy percent {70%) of any proceeds from sold Real Property for official law enforcement purposes as permitted by law. This formula applies to default judgment, summary judgments, settlements or any other pre-trial dispositions. 4. Trial Dis osition of Real Pro ert :Forty percent {40%) of any proceeds from sold Real Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining sixty percent (60%) of any proceeds from sold Real Property for official law enforcement purposes as permitted by law. This formula shall apply to bench or jury trial dispositions which include settlements or judgments in favor of the State occurring after a case is set for trial. 5. It is specifically agreed by the parties that Forfeited Currency in amounts of less than or equal to $500.00 may be safely retained by the Prosecuting Attorney to be used for the official purposes of the office. S. In regards to the seizure of contraband such as vehicles and other conveyances that may be of use to Law Enforcement Agency or the Prosecuting Attorney in the conduct of official business, the parties hereto shall agree in writing to allocate such property in a manner tha# best serves the operational interests of both parties. 7. Law Enforcement Agency shall be responsible for paying any fees associated with maintaining, towing, and storing any seized property, real or personal. It is further specifically agreed by the parties that should special circumstances in an individual case dictate that the proceeds of the forfeited contraband be shared with other law enfarcement agencies or that the award to the Prosecuting Attorney be in a proportion other than that set out in this INTERLOCAL AGREEMENT, the parties may consent in writing to a different allocation of the proceeds in that case. In the absence of a specific agreement in writing with regard to a particular case, all distribution of seized property, or the proceeds there from, shall be in accordance with this INTERLOCAL AGREEMENT. This INTERLOCAL AGREEMENT shall be in effect from and after the 1ST day of January, 20'13, or the date of its execution by both parties, whichever is later in time. 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 farfeiture proceeding has been commenced prior to the termination date of the INTERLOCAL AGREEMENT or the no#ificatian with regard thereto, said forfeiture shall not be affected by the termination of the INTERLOCAL AGREEMENT ar the notification of intended termination. Thls INTERLOCAL AGREEMENT revokes and supersedes any prior agreement between the parties. Page 2 of 3