18-R-54 - Interlocal Agreement with the Comal County District AttorneyA RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SC HERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER T
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COMAL
COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the 71" Legislature enacted Chapter 59 of the Texas Code of Criminal
Procedure for the purpose of regulating the disposition of property seized by law enforcement
officers and forfeited contraband; and
WHERAS, the Schertz Police Department and the Prosecuting Attorney for Comal
County desire to enter into an INTERLOCAL AGREEMENT regarding the disposition of said
forfeited contraband and /or the proceeds therefrom; and
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter an interlocal agreement with the Comal County District Attorney; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an interlocal agreement with the Comal County District Attorney;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Acting City Manager to enter into
the interlocal agreement attached in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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 required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 8th day of May, 2018.
CITY OF SCHERTZ, TEXAS
David Sca2lio aOor Pro -Tem
ATTEST:
C ty Secretary, Brenda Dennis
(CITY SEAL)
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