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HomeMy WebLinkAboutResolution No. 09-037 CITY OF THE COLONY RESOLUTION NO. 09-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE LOCAL AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS, BY AND THROUGH THE COLONY POLICE DEPARTMENT AND THE CRIMINAL DISTRICT ATTORNEY OF DALLAS COUNTY, TEXAS FOR ADMINISTRATIVE SERVICES IN CONNECTION WITH DISPOSITION OF SEIZED CONTRABAND UNDER CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT 1; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony, Texas, by and through The Colony Police Department and the Criminal District Attorney of Dallas County, Texas desire to enter into a Local Agreement regarding the disposition of contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure; and WHEREAS, the City Council hereby approves the terms and conditions of the Local Agreement, which is attached hereto as Exhibit 1, by and between the "Agency" and the "Prosecuting Attorney", and authorizes the City Manager to execute such Agreement on behalf of the City of The Colony. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The City Council hereby approves the terms and conditions of the Local Agreement, by and between the City of The Colony, Texas, by and through The Colony Police Department and the Criminal District Attorney of Dallas County, Texas for Administrative Services in connection with disposition of seized contraband under Chapter 59 of the Texas Code of Criminal Procedure, which is attached hereto and incorporated herein as Exhibit 1, and hereby authorizes the City Manager to execute the same. Section 2. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provides. n--- , r.. 111- PASSED, APPROVED and EFFECTIVE this 18th day of May, 2009. G , Ase McColl , Mayor C of The C Tony, Texas ATTES ristie Wilson, City Secretary,' . City of The Colony, Texas c:f r; APPROV S TO FORM: Robert E. Hager, City torney City of The Colony, exas (REH/KL/ev 05/11/09) LOCAL AGREEMENT State of Texas County of Dallas This LOCAL AGREEMENT is made and entered into by and between the City of The Colony, Texas, by and through The Colony Police Department, located in Denton County, Texas, and hereinafter called "Agency," and the Criminal District Attorney of Dallas County, Texas, hereinafter called "Prosecuting Attorney." WITNESSETH WHEREAS, the Agency and the Prosecuting Attorney desire to enter into an agreement regarding the disposition of forfeited contraband seized pursuant to 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 Article 59.01 of the Texas Code of Criminal Procedure; WHEREAS, the Prosecuting Attorney of Dallas County, Texas, represents the State of Texas regarding forfeiture of contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure; NOW THEREFORE, THIS LOCAL AGREEMENT is hereby made and entered into by the City of The Colony, Texas, by and through The Colony Police Department and the Criminal District Attorney of Dallas County for the mutual considerations stated herein: As Article 59.06 of the Texas Code of Criminal Procedure mandates that a local agreement be reached between the attorney representing the State and the seizing law enforcement agency to effect the disposition of contraband forfeited to the State, both parties therefore agree: In consideration for the services associated with the forfeiture of contraband, the Agency agrees that twenty-five percent (25%) of all money (cash or negotiable instruments) forfeited and twenty-five percent (25%) of the final sum received from the sale of real estate (after deduction of the costs of sale) shall be paid to the Prosecuting Attorney to be used for the official purposes of the office of the Prosecuting Attorney. Additionally, for each final judgement of forfeiture of a motor vehicle, the Agency shall pay to the Prosecuting Attorney the sum of five hundred dollars ($500.00). The Prosecuting Attorney agrees that remaining sums and contraband, after payment of the above-stated portion to the Prosecuting Attorney, shall be retained by the Agency for law enforcement purposes. However, notwithstanding the foregoing, the Prosecuting Attorney reserves the right to recover a percentage (not to exceed 25%) of the final sum received from the sale of forfeited personal property. Notice of intent to exercise this right will be given to the Agency at the time it files the case with the Prosecuting Attorney. A written addendum to this Agreement will be executed by the parties as it pertains to the particular personal property prior to the filing of a forfeiture action in a court. In the event that the office of the Prosecuting Attorney is required to expend significant time and effort in pre-seizure planning of a seizure or arrest resulting in seizure, the case will be developed as a joint investigation with the percentage apportioned between the parties commensurate with the time and effort required by each. A written addendum to this Agreement will be executed by the parties as it pertains to the particular seizure or arrest. This agreement shall apply to money or property forfeited to the State on or after January 1, 2009. Money and property shall be considered forfeited to the State once a forfeiture judgement has become final, and no Motion for New Trial or Notice of Appeal remains unresolved. Payments to the Prosecuting Attorney shall be made no later than 30 days after receipt of judgement. The Agency will also pay the Prosecuting Attorney interest earned from the date of seizure until the date of payment, on a pro rata basis. All costs of court proceedings shall be paid by the Agency, including the cost of title searches and title policies issued. If payment is not made by the Agency at the expiration of sixty (60) days after receipt of judgement, the Agency agrees to pay to Prosecuting Attorney 30% of all money (cash or negotiable instruments) forfeited and 30% of the final sum received from the sale of real estate and personal property (if applicable) and the sum of $750 for each motor vehicle forfeited, plus all interest earned from the date of seizure until the date of payment, on a pro rata basis. The term of this Agreement shall be for a period of one (1) year, beginning January 1, 2009, and ending December 31, 2009. This Agreement shall automatically be renewed on a yearly basis after the initial term. This agreement may be terminated by either party at any time upon thirty (30) days prior written notice thereof of its intention to terminate upon a date specified in such notice. Any pending forfeitures filed in court prior to such termination date, however, shall not be affected by such notice, and will be governed by this Agreement. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be deemed given when personally delivered or within three (3) business days after being deposited in the United States mail, postage prepaid, addressed as follows: To: The Colony Police Department: Chief Joseph Clark 5151 N. Colony Boulevard The Colony, Texas 75056 To: Prosecuting Attorney: Dallas County District Attorney's Office Attn: Lincoln Monroe 133 N. Industrial Blvd., LB 19 Dallas, Texas 75207 This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. However, in no event may this Agreement be construed to impose a duty on the Prosecuting Attorney to file or institute forfeiture proceedings in any particular instance. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. This Agreement shall be expressly subject to the sovereign immunity provisions of Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state laws. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, and venue for any legal action brought by either party shall be in Dallas County, Texas. SIGNED, this 18th day of May , 2009. c Crai Watkins Dale Cheatham, City Manager Criminal District Attorney The City of The Colony, Texas Dallas County, Texas Denton County, Texas