(A) That the special revenue fund is hereby established as a dedicated fund to be known as the Forfeiture and Seized Assets Fund.
(B) That the fund is dedicated and established to provide funds for law enforcement programs of the municipality that are undertaken in support of and pursuant to the laws of the United States and the guidelines of United States Justice Department, and the State of Indiana regarding the disposition of seized assets and forfeiture associated with multi-agency federal, state and local cooperative criminal investigations.
(C) (1) That expenditures from this fund shall be for the purposes and in support of the purposes set forth in division (B) of this section according to laws of the United States and the State of Indiana and according to guidelines set forth by United States Attorney General and the United States Department of Justice.
(2) That the establishment nor the purposes of this fund shall not be in derogation of the lawful purposes or construed to exclude the lawful purpose or expenditure from such other funds for the same or similar purposes.
(D) That the sources of money for the fund are the following:
(1) Gifts, and donations from any person to the fund;
(2) Money derived from seized and forfeited assets or the proceeds from the sale of seized and forfeited assets not otherwise covered by laws of the United States, or its executive departments, nor covered by I.C. 34-4-30.1, et seq. or I.C. 34-4-30.5, et seq.;
(3) That pursuant to I.C. Title 5, Article 13, Chapter 9, monies in the fund may be invested provided that the yields from the purchase and sale of any such investments be deposited with the fund;
(4) Money derived from Indiana court orders, entered agreements and/or judgements, associated with a criminal investigation from which a seizure and forfeiture is occasioned, pursuant to I.C. 34-4-30.1, et seq. or I.C. 34-4-30.5, et seq.
(E) That expenditures from the fund may be made from the proper category of expense only after an appropriation has been made in the manner provided by stature for making other appropriations and shall be disbursed only on approved claims allowed by the Board of Public Works and Safety pursuant to I.C. 5-11-10 and I.C. 36-5-4.
(F) That all unused and unencumbered monies do not revert to any fund but the fund created by this section.
(G) That the Clerk-Treasurer as municipal fiscal officer, is hereby directed and authorized to perform such duties and keep such accounts as to fulfill the purpose of the funds herein named and to carry out the provision of this section.
(Ord. 22-2022, passed 8-8-2022)