Ordinance 1989-10
ORDINASCE NO.
~f-/O
. '
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
PROVIDING FOR THE DISPOSITION AND
DISBURSEMENT OF FUNDS RECEIVED FROM THE
SALE OF PROPERTY FORFEITED UNDER THE
PROVISIONS OF THE CONTROLLED SUBSTANCES
ACT, ARTICLE 4476-15, V. A. C. S., AND
ALL AMENDMENTS THERETO; CONTAINING A
SEVERABILITY PROVISION; AND PROVIDING FOR
AR EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS;
That the Code of Ordinances of the City of Wylie,
Texas be amended by the addition of a section to
read as follows:
SECTION I DISPOSITION OF FORFEITED MONEY, SECURITIES, ETC.
(a). All money, securities, certificates of
deposit, negotiable instruments, stock bonds,
business property and other things of value, as
well as any proceeds from the sale of such items
forfeited to the City of Wylie, pursuant to the
Controlled Substances Act, and all amendments
thereto, shall be delivered to the Director of
Finance of the City, and disbursed only as
directed by the City Council, and in accordance
with the provisions of Section 5.08 (f) of the
Controlled Substances Act, or as many be amended,
solely for the investigation of any alleged
violation of the criminal laws of the State of
Texas, except that no more than ten (10%) per cent
of the amount credited to the fund may be
transferred to the General Fund of the City, and
such transferred monies sued only for the
prevention of drug abuse and for the treatment of
persons with drug-related problems.
(b) Except as otherwise provided by law or by
judicial or administrative order, any property
seized and forfeited to the City of Wylie pursuant
to the United States Code shall be processed in
accordance with the policy and procedures
promulgated in Section (a) above.
(c). The policy set out in Section (a) shall apply
to any property seized pursuant to a federal
sharing program authorized by the United States
Code or regulations promulgated thereunder or
pursuant to any other federal forfeiture
proceedings, whether administrative or judicial in
nature.
(d). In the event of a conflict between the policy
promulgated in Section (a) any applicable federal
law or regulation, the provisions of federal law
shall supersede and govern in such instances.
SECTION 2 In the absence of specific language to the
contrary, each section and each provision or
requirement of any section of this ordinance
shall be considered separable, and the invalidity
of any portion of this ordinance shall not affect
the validity or enforceability of any other
portion hereof.
SECTION 3 That this Ordinance shall be effective ten days
from and after its passage and publication as
required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
WYLIE, TEXAS ON THIS THE 28TH DAY OF MARCH.....#.-~.
/~
//
CITY
OF
~\\\\""llll""'"",,~
~~'*~I 0 F W r~~ ,//
,~ "' " r <"~ "
6r':- ~
~~ " ~
~ ~
~ ~
~ a
- ~
I
~
, '" ..<" C, ~
,~"-...,~ ~
'E- It;." ~
" . J ,..' !.\\\\\~
'!I;;!illill\h\\\\~
.--
..-/
~/~
2h*~r imble, Mayor
ATTEST: