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HomeMy WebLinkAbout2010-OR-20\._ BEFORE THE CITY OF JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2010 -OR - ZO AN ORDINANCE ESTABLISHING THE FEDERAL ASSET FORFEITURE PROGRAM FUND WHEREAS, The Common Council of the City of Jeffersonville ( "City Council ") is the legislative body under Ind. Code § 36 -1 -2 -9 and the fiscal body under Ind. Code § 36 -1 -2 -6 of the City of Jeffersonville ( "City ") and therefore is authorized to enact Ordinances for the creation of local funds; WHEREAS, the City Council is empowered to establish non - reverting local funds for various governmental purposes from time to time; WHEREAS, the United States Department of Justice Asset Forfeiture Program remits certain monies to the City of Jeffersonville Police Department pursuant to the Department's participation in the United States Department of Justice Asset Forfeiture Program; and WHEREAS, the City of Jeffersonville is required to establish a separate fund for the purpose of accounting for proceeds from the United States Department of Justice Equitable Sharing Program according to the requirements prescribed in A Guide to Equitable Sharing for State and Local Law Enforcement Agencies ( " Guide "); WHEREAS, the City Council wishes to establish a non - reverting fund called the Federal Asset Forfeiture Program Fund, for the purpose of accounting for proceeds from the Equitable Sharing Program according to the requirements prescribed in the Guide; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, meeting in regular session as follows: Section 1 . This ordinance establishes the Federal Asset Forfeiture Program Fund to be designated as the local non - reverting fund for the purposes of accounting for the proceeds from the United States Department of Justice Equitable Sharing Program remitted from time to time to the City of Jeffersonville Police Department. Section 2 . Disbursements shall be made by claim as unappropriated expenditures for purposes deemed proper and necessary by the City of Jeffersonville Police Chief and in Page 1 of 3 accordance with the requirements of the Department of Justice Equitable Sharing Program, subject to the approval by the City of Jeffersonville Board of Public Works and Safety. The Police Chief or designee shall sign all claims for disbursements from the Federal Asset Forfeiture Program Fund. Section 3 . Interest earned for balances on deposit shall be retained by the Fund and used for purposes in accordance with the requirements of the Equitable Sharing Program. Section 4 . That all monies remaining in the Fund at the end of every budget year shall not revert to any other source; rather, monies shall continue to be held in this non - reverting fund, from year to year. Section 5 . The Federal Asset Forfeiture Program Fund is established effective January 1, 2010. Section 6 . The Police Chief or his designee shall comply with all quarterly and annual reporting requirements set forth in the Guide. A copy of the Guide is attached hereto as "Exhibit A ". ALL OF WHICH IS SO ORDAINED this I / —day of June, 2010. THE COMMON COUNCIL OF JEFFERSONVILLE, CLARK COUNTY, INDIANA oted r Voted Against: N. Samuel (PRESIDENT - AT- LARGE) M. Smith (VICE PRESIDENT - DISTRICT 1) B.Wilson (SECRETARY - DISTRICT 5) E. Zastawny (DISTRICT 2) K. Fetz (DISTRICT 3) C. Sellers (DISTRICT 4) R. Grooms (AT- LARGE) Page 2 of 3 Presented by me as Clerk Treasurer to the Mayor this day of 2010. Pegg der Clerk Treasurer This Ordinance approved and signed by me this day , 2010. Attest: a , ,, I �) A-4-) Peggy er Clerk Treasurer Thomas R. Galligan of