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ORDINANCE NUMBER 2009-02-07 AN ORDINANCE AMENDING CHAPTER TWO OF THE WARSAW CITY CODE Whereas, Indiana Code-34-24-1-1 provides forfeiture of property used in violation of certain criminal statutes, and IC 34-24-2-2 provides, among other things, civil remedies for racketeering activities (RICO) violations; and, Whereas, there appears to be no constitutional or statutory provisions regarding the specific manner in which funds generated by forfeiture under said statute are to be disposed of; NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL of the city of Warsaw, Indiana, that: Chapter 2 of the Warsaw City Code, entitled "Administration" shall be amended by adding Sec. 2-164 as follows: CHAPTER TWO ARTICLE V FINANCES DIVISION 2. SPECIFIC FUNDS Section 2-164, Warsaw Police Forfeiture Fund (a) Established. A separate and specific fund shall serve as a repository for funds received in the form of proceeds from the sale of, or money received from the seizure of property under the provisions of IC 34-24-1-1 and IC 34-24-2-2 as well as other deposits in the form of voluntary surrender fees, reimbursement for restitution, and other law enforcement related fees recovered by the county prosecuting attorney, or the Warsaw City Police, which fees are not otherwise required to be deposited in any other state, county, or city funds. (b) Title. The fund will be known as the Warsaw Police Department Forfeiture Fund. (c) Use. Monies in the Warsaw Police Department Forfeiture Fund shall be utilized for law enforcement activities under the direction of the Chief of Police (d) Deposit. Monies collected as contemplated in this code section shall be transferred pursuant to IC 34-24-1-1 and IC 34-24-2-2 to the City Clerk Treasurer for deposit and disbursement. Any money remaining in the Warsaw Police Forfeiture Fund at the end of the year will not revert to any other fund, but will remain in the Warsaw Police Forfeiture Fund. Section 2: This ordinance shall be in full force and effect from the date of passage. Any parts of Chapter Two of the Warsaw City Code which are in conflict with this ordinance are hereby repealed by this ordinance. Adopted by the Common Council of the City of Warsaw, Indiana this 24th day of February, 2009. AYE NAY Jeff Grose Charles D. Smith Dr. Joe Thallemer Jerry Patterson - Absent Daniel H. Hampton - Abstain Kyle Babcock George Clemens - Absent Presented to and approved by me this 24th day of February, 2009. Mayor Ernest B. Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer m4
