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ORDINANCE NO.
aROD
AN ORDINANCE of the City of Kent,
Washington, relating to forfeited monies and
real and personal property under Chapter 69.50
RCW, the Uniform Controlled Substances Act,
establishing a new special purpose fund to be
named a Special Investigation Fund;
appropriating anticipated revenues for this
Fund; and specifying the purpose, manner of
administration and funding sources for the Fund.
WHEREAS, RCW 69.50.505 provides for the seizure and
forfeiture by the City of money and other real and personal
property used or intended for use in violation of the Uniform
Controlled Substances Act, recently amended by the 1989
Legislature in Chapter 271; and
WHEREAS, RCW 69.50.505(F) provides for the use of monies
forfeited in the proceeds of the sale of forfeited property; and
WHEREAS, RCW 69.50.505(F) further provides that such sale
proceeds and monies forfeited shall be used for the payment of
proper expenses of the investigation leading to the seizure and
other proceedings for seizure, forfeiture and sale, and that
monies remaining after the payment of such expenses shall,
depending on 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
lexclusively for the expansion of narcotics enforcement services
and for the expansion or improvement of narcotic law enforcement
services; and
WHEREAS, the City desires to establish a special fund for
the proper and efficient administration of these monies; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
(HEREBY ORDAIN AS FOLLOWS:
Section 1. There is hereby established a special fund,
designated the Special Investigation Fund. The forfeited
currency, proceeds from the sale of forfeited real and personal
property and forfeiture settlements obtained by the City of Kent
ipursuant to RCW 69.50.505 and any other applicable state or
federal law shall be deposited in said Fund. Proceeds deposited
in the Special Investigation Fund shall be used for the payment of
expenses related to investigation, seizure, forfeiture and sale
and for the expansion or improvement of narcotic law enforcement
services and shall not supplant pre-existing funding sources, all
as provided in and consistent with RCW 69.50.505 and other state
or federal law.
The Director of Finance or his or her designee shall be
responsible for the administration of the Fund, and shall have the
authority to establish rules and regulations for the
administration thereof including, but not limited to, rules and
regulations regarding the reporting of expenses of investigation,
seizure, forfeiture and sale.
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
constitutionality of any other section, sentence, clause or phrase
of this Ordinance.
Section 3. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 4. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAW KELLEHER, MAYOR
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ATTEST:
MARIE JEN , CITY CILERK
SCOLL, CITY ATTORNEY
PASSED the day of 1989.
APPROVED the _day of l3``� 1989.
PUBLISHED the day of1989.
I hereby certify that this is a true copy of Ordinance
No. q0 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
7460-260
(SEAL)
MARIE JEN ,CITY CL iRK
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