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HomeMy WebLinkAboutO-1884 - Adds Ch. 3.97, drug enforcement fund (3.97):f -!lttle.--- d ::t3"'61<..iJl1h,,-- I--P~/' I-~- CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.J'i€''f AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW CHAPTER 3.97 OF THE MARYSVILLE MUNICIPAL CODE ESTABLISHING A DRUG ENFORCEMENT FUND AND RECOGNIZING THE SOURCES AND USES OF FUNDS DEPOSITED THEREIN. WHEREAS,RCW 69.50.505 provides for the seizure and forfeiture by the City of money and other property used or intended for use in violation of the Uniform Controlled Substances Act;and WHEREAS,RCW 69.50.505 provides for the use of monies forfeited and of the proceeds of the sale of forfeited property and that such sale proceeds and monies forfeited shall be used for the payment of proper expenses of the investigation leading to the seizure and of the proceedings for seizure,forfeiture and sale,and that monies remaining after the payment of such expenses shall, depending upon the sum remaining,be distributed in part to the State Treasurer for deposit in the Public Safety and Education Account and shall be distributed in part to the City to be used exclusively for the expansion of narcotics enforcement services and for the expansion or improvement of law enforcement services;and WHEREAS,RCW 69.50.505 further provides that if sale proceeds and monies forfeited which have an aggregate value of less than $5000,the monies and proceeds may be deposited in total in the City's general fund and shall be used exclusively for the expansion of narcotics enforcement services;and WHEREAS,it is advisable under the U.S.Attorney General's Guidelines on Seized and Forfeited Property,dated July 1990,to receive property forfeited by the federal government under the Comprehensive Crime Control Act of 1984 when the Marysville Police Department has directly participated in the acts which led to the seizure or forfeiture;and WHEREAS,the Marysville City Council finds that the creation of a separate special revenue fund for drug enforcement use is advisable to account for,and retain such revenues;NOW,THEREFORE, ORDINANCE - 1 City of Marysville ORDINANCE NO.I S€'t THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: A new Chapter 3.97 of the Marysville Municipal code is hereby enacted providing as follows: DRUG ENFORCEMENT FUND 3.97.010 Fund Created.There is created and established a fund to be designated the Drug Enforcement Fund. 3.97.020 Sources of Funds.The Drug Enforcement Fund shall include deposits from the following sources: (a)All monies and proceeds from the sale of property seized during drug investigations and forfeited pursuant to RCW 69.50.505 and other state and federal laws pertaining to drug enforcement. (b)Cash that may be appropriated by the Marysville City Council from the City's Current Expense Fund. 3.94.030 Expenditures.This fund has been established for the purpose of accumulating funds for drug enforcement needs,drug awareness educational purposes and the purchase,lease and maintenance of equipment and other items necessary for drug enforcement by the Marysville Police Department.The monies deposited in the Drug Enforcement Fund shall be expended only for such purposes and for no other purpose when appropriated by the City Council. 3.94.070 Unexpended Funds.Any unexpended funds remaining in the Drug Enforcement Fund at the end of any budget year shall not be transferred to the City's Current Expense Fund or otherwise lapse;rather said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in Section 3.94.030. 3.95.080 Severability.If any section,sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not effect the validity or consitituionality of any other section,sentence,clause or phrase of this ordinance. ORDINANCE - 2 city of Marysville ORDINANCE NO.IS8lf PASSEO by the City ~ncil and APPROVED by the Mayor this J",3teR day of mQ~,1992. ATTEST: APPROVED AS TO FORM: ORDINANCE - 3 CITY OF MARYSVILLE By WVAig .MAYOR