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Home My WebLink AboutResolution No. 08-021 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-021 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR AND CHIEF OF POLICE TO EXECUTE A LOCAL AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY CRIMINAL DISTRICT ATTORNEY, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A", FOR THE PURPOSE OF THE DISPOSITION OF FUNDS RECEIVED FROM FORFEITURE OF PROPERTY SEIZED, PURSUANT TO CHAPTER 59 THE TEXAS CODE OF CRIMINAL PROCEDURE, SEIZURES AND FORFEITURES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined that it is in the best interest of the City to enter into the Local Agreement with the Denton County Criminal District Attorney, which is attached hereto and incorporated herein as Exhibit "A", under the terms and conditions provided therein; and WHEREAS, this Local Agreement will provide for the disposition of funds received from forfeiture of property seized, pursuant to Chapter 59.06 of the Texas Code of Criminal Procedure; and WHEREAS, the City and Denton County Criminal District Attorney desire to enter into an agreement regarding the disposition of funds received from forfeiture of property seized, pursuant to Chapter 59.06 of the Texas Code of Criminal Procedure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Mayor and Police Chief are hereby authorized to execute a Local Agreement with the Denton County Criminal District Attorney providing for the disposition of funds received from forfeiture of property seized, pursuant to Chapter 59.06 of the Texas Code of Criminal Procedure, which is attached hereto and incorporated herein as Exhibit "A". Section 2. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 4th day of Februarv. 2008. ~L (iJ~~ Christie Wilson, TRMC, City Secretary \..() ',"~ , '-, <.\'2, LOCAL AGREEMENT WITH THE DENTON COUNTY CRIMINAL DISTRICT ATTORNEY STATE OF TEXAS COUNTY OF DENTON This LOCAL AGREEMENT is made and entered into by and between The Colony Police Department, hereinafter called "AGENCY", and the Criminal District Attorney of Denton County, Texas; hereinafter called "DISTRICT ATTORNEY". WITNESSETH: WHEREAS, the AGENCY and the DISTRICT ATTORNEY desire to enter into an agreement regarding disposition of forfeited contraband seized under Chapter 59 of the Texas Code of Criminal Procedure; WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure provides for the forfeiture to the State of Texas of property found to be "contraband" as defined by Chapter 59 of the Texas Code of Criminal Procedure; and WHEREAS, the DISTRICT ATTORNEY of Denton County, Texas, represents the State of Texas regarding forfeiture of contraband seized pursuant to Chapter 59 of the Code of Criminal Procedure. NOW THEREFORE, THIS LOCAL AGREEMENT is hereby made and entered into by the AGENCY and the DISTRICT ATTORNEY of Denton County for the mutual considerations stated herein: ARTICLE I A. In consideration for the services provided by AGENCY and DISTRICT ATTORNEY associated with the forfeiture of contraband, AGENCY and DISTRICT ATTORNEY agree to the following disposition of contraband forfeited under Chapter 59 of Texas Code of Criminal Procedure: (1) AGENCY will receive two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) of all money seized and forfeited. (2) AGENCY will receive two-thirds (66.66%) and DISTRICT ATTORNEY one-third (33.33%) ofthe proceeds from the sale of real property seized and forfeited. (3) For each final judgment of forfeiture of a motor vehicle, AGENCY shall pay DISTRICT ATTORNEY the sum of THREE HUNDRED DOLLARS Ch. 59 Local Agreement Page I of 4 AND 00/100 ($300.00) CURRENT MONEY OF THE UNITED STATES. If a motor vehicle is the subject of final forfeiture, the AGENCY has the option of taking title to said vehicle and using it for law enforcement purposes in the investigation of alleged violations of the criminal laws of the State pursuant to the requisites of Chapter 59 ofthe Texas Code of Criminal Procedure. If the AGENCY then sells it at a later date, then the AGENCY shall receive two-thirds (66.67%) and DISTRICT ATTORNEY one-third (33.33%) of the final sum received from the sale of the vehicle, respectively. If AGENCY declines the first refusal of a forfeited vehicle, then the DISTRICT ATTORNEY may claim said vehicle for Denton County. If neither the AGENCY nor the DISTRICT A TTORNEY claims a forfeited vehicle, the vehicle shall be sold and AGENCY shall receive two-thirds (66.67%) and DISTRICT ATTORNEY one-third (33.33%) of the final sum received from the sale of the vehicle. All costs associated with the use of the motor vehicle shall be borne by the party using said vehicle. (4) AGENCY will receive two-thirds (66.67%) and DISTRICT ATTORNEY one-third (33.33%) of the proceeds from the sale of personal property forfeited that the AGENCY does not use in its law enforcement operations. AGENCY shall pay for all court costs and litigation expense related to forfeiture proceedings. All costs of title searches and title policies shall be paid by the AGENCY when the forfeiture of real property is involved. All other costs and expenses related to forfeiture proceedings, including the costs of auctions and maintenance of property held pending a final forfeiture judgment, shall be deducted from the net proceeds prior to distribution to AGENCY and DISTRICT ATTORNEY. (5) It is further specifically agreed by the parties that should special circumstances dictate that a different percentage than that set out in this Local Agreement be awarded to the DISTRICT ATTORNEY, that this Local Agreement may be specifically modified in writing by the consent of both parities. B. The proceeds from the sale of all contraband forfeited under Chapter 59 of the Texas Code of Criminal Procedure (including money) shall be received by the AGENCY and deposited in the City of The Colony's Treasury. AGENCY will then transfer to the DISTRICT ATTORNEY money and proceeds from the sale of contraband as noted in Article LA. above. Payments to DISTRICT ATTORNEY shall be made pursuant to Article II. C. In accordance with Chapter 59 of the Texas Code of Criminal Procedure, all money and proceeds from the sale of contraband received by the DISTRICT Ch. 59 Local Agreement Page 2 of4 ATTORNEY shall be deposited in a special fund in the County Treasury for the benefit of the office of the DISTRICT ATTORNEY to be used by the DISTRICT ATTORNEY solely for the official purposes of his office. D. In accordance with Chapter 59 of the Texas Code of Criminal Procedure, all money and proceeds from the sale of contraband received by the AGENCY shall be deposited in a special fund in the City Treasury to be used by The Colony Police Department solely for law enforcement purposes. ARTICLE II This Local Agreement shall apply to money or property seized for forfeiture purposes by the AGENCY on or after January 1, 2008. Money and property shall be considered forfeited to the State once a forfeiture judgment has become final, and no Motion for New Trial or Notice of Appeal has been taken. Payments to the DISTRICT ATTORNEY shall be made monthly. Each payment shall be based upon the amount of money, if any, forfeited to the Sate in that period and upon the proceeds of the sale, if any, or forfeited property sold by the AGENCY in that period. All costs of court proceedings shall be paid by the AGENCY including the cost of titles searched and title policies issued. ARTICLE III In the event that the DISTRICT ATTORNEY is required to expend significant time and effort in pre seizure planning of a seizure an/or arrest, the case will be developed as a joint investigation with the percentage apportioned between parties commensurate with the time and effort required by each and an Addendum to this Local Agreement will be executed by the parties as it pertains to the particular seizure and/or arrest. ARTICLE IV The term of this Local Agreement shall be for a period of one (1) year from January 1,2008. This Agreement shall automatically be renewed on a yearly basis after the initial one (1) year term. This Agreement may be terminated by either party upon thirty (30) days prior written notice thereof to the other of its intention to terminate upon the date specified in such notice. Any pending forfeiture under this Agreement filed prior to the termination date, however, shall not be affected by such notices. ARTICLE V Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. Ch. 59 Local Agreement Page 3 of4 If intended for the Agency: The Colony Police Department 5151 N. Colony The Colony, Texas 75056 If intended for the DISTRICT ATTORNEY: Criminal District Attorney P.O. Box 2850 Denton, Texas 76202 SIGNED this \\ day of ~'C/C/\ \ ,2008. I Paul Johnson Criminal Distri ttorney Denton County, Texas CITY OF THE COLONY g Ma)'i r Ch. 59 Local Agreement Page 4 of 4