Ordinance 26770006.160.108
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6/02/88
ORDINANCE NO. 267I
AN ORDINANCE: OF THE CITY OF EDMONDS, WASHINGTON,
ADDING A NEW CHAPTER 3.08 TO THE EDMONDS CITY CODE:
TO AUTHORIZE THE DEPOSIT OF PROCEEDS FROM DRUG
SEIZURES AND FORFEITURES INTO A SEPARATE FUND TO BE
USED FOR DRUG ENFORCEMENT PURPOSES; CONTAINING A
SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE.
I
AHERFA , the Edmonds City Council recognizes that pursuant
to the provisions of state and federal laws, the Edmond, Police
Department seizes and forfeits assets and monies each year which
are used in drug transactions, and
WHEREAS, the City Council recognizes that when assets ark -
seized and forfeited pursuant to RCW 69.50.505, the statute
provides that after a deduction for expenses, 75% of the money
forfeited and the proceeds from the sales of assets forfeited
shall be deposited .n the City's general fund and the remaining
25% shall be remitted to the state treasurer, and
WHEREAS, the City Council recognize that RCW 69.50.505 also
provides that all of the money and proceeds forfeited may be
deposited in the City's general fund if the -,otai amount of money
and proceeds does not exceed $5,000.00 and such funds are used
exclusively for drug enforcement, and
WHEREAS, the City of Edmonds wishes to use the proceeds from
drug seizu-es and forfeitures for drug enforcement purposes and
that such uses will cause an unnecessary amount of adjustments
and transfers among City funds if the proceeds are leposited in
the general fund, and
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WHEREAS, the City Council recognizes that it is difficu
budget such transfers from the general fund because it i!
feasible to predict or estimate the quantity of assets
amounts of monies which will be seized and forfeited ea,-h ye
a result of police narcotics investigations, and
WHEREAS, the Edmonds City Council believes that the cre
of a separate fund for the proceeds of drug seizures and
forfeitures would alleviate the unnecessary transfers created by
depositing such monies directly into the general fund, and
WHEREAS, the -Edmonds City Council also finds tnat the
creation of a separate fund for law enforcement use is advisable
under the U.S. Attorney General's Guidelines on Seized and
Forfeited Property, dated May 24, 1985, to rec,2ive property
forfeited by the federal government under the Comprehensive Crime
Control Act of 1984 when the Edmonds Police Department has
directly participated in the acts which led to the seizure or
forfeiture, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON ORDAINS
AS FOLLOWS:
Section 1. There :s hereby added to the Edmonds City Code,
a new chapter 3.08 entitled "Drug Enforcement Fund" to read as
follows:
3.08.010 Fund Created. There is hereby created
and established a special fund to be known as the
"Drug Enforcement Fund" into which all monies and
proceeds from the sale of property seized during
drug investigations and forfeited pursuant to RCW
69.50.505 and all other applicable state and
federal laws shall be deposited after amounts are
deducted in accordance with state and federal laws.
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3.08.020 Purposes _-Expenditures. This fund ha!
been established for the purpose of accumulatin<
funds for drug enforcement needs, drug awarenes!
educational purposes and the purchase, lease an(
maintenance of equipment and other items necessar,
for drug enforcement by the Edmonds Polic(
Department. The monies deposited in the Dru(
Enforcement Fund shall be expended only for suet
purposes and for no other purpose when appropriate(
by the City Council.
3.08.030 Unexpended Funds. Any unexpended fund
remaining in the Drug Enforcement Fund at the end
of any budget year shall not be transferred to the
general fund or otherwise lapse, rather said
unexpended funds shall be carried forward from year
to yea: until expended for the purposes set forth
in Section 3.08.020.
Section 2. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 3. Thi-s ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) jays after
passage and publication of the attached summary which is hereby
approved.
APP.,,,.,,
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ATTEST/AUTHENTICATED:
CITY'CLERK, Jacqueline G. Parrett
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: June 29, 1988
PASSED BY THE CITY COUNCIL: August 2, 1988
PUBLISHED: August 8, 1988
EFFECTIVE DATE: August 13, 1988
ORDINANCE NO. 2677
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