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Home My WebLink AboutResolution No. 09-045 CITY OF THE COLONY RESOLUTION NO. 09-045 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 DENTON 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 A; AUTHORIZING THE MAYOR 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 Denton 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 A, by and between the "Agency" and the "Prosecuting Attorney", and authorizes the Mayor 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 Denton 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 A, and hereby authorizes the Mayor 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--- 4 r.. PASSED, APPROVED and EFFECTIVE this 6th day of July, 2009. J McCou ,Mayor ity of Th Colony, Texas ATTEST: Christie Wilson, City Secretary, City of The Colony, Texas p eoo Vo fg~ i APPRO D AS TO FORM: Robert E. Hager, C' Attorney City of The Colony, Texas (REH/KL/ev 05/11/09) Page 2 TM 36882 LOCAL AGREEMENT This LOCAL AGREEMENT is made and entered into by and between THE COLONY Police Department, hereinafter "the AGENCY," and the Denton County Criminal District Attorney's Office, hereinafter "the DISTRICT ATTORNEY." WITNESSETH: WHEREAS, the AGENCY and the DISTRICT ATTORNEY desire to enter into an agreement regarding disposition of contraband seized and forfeited under Chapter 59 of the Texas Code of Criminal Procedure; and 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 represents the State of Texas in all cases regarding the forfeiture of contraband seized in Denton County, Texas, 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 for the mutual consideration stated herein: ARTICLE I. A. In consideration for the services provided by the AGENCY and the DISTRICT ATTORNEY associated with the forfeiture of contraband, the AGENCY and the DISTRICT ATTORNEY agree to the following disposition of contraband forfeited under Chapter 59 of Texas Code of Criminal Procedure: (1) The AGENCY will receive eighty percent (80%) and DISTRICT ATTORNEY twenty percent (20%) of all currency seized and forfeited. (2) The AGENCY will receive one hundred percent (100%) of the proceeds from the sale of personal property seized and forfeited that the AGENCY does not use in its law enforcement operations. (3) The AGENCY shall pay the DISTRICT ATTORNEY the sum of THREE HUNDRED AND NO/100 DOLLARS ($300.00) for each final judgment obtained for the forfeiture of a motor vehicle. If a motor vehicle is the subject of a final judgment of 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 of Texas pursuant to the requisites of Chapter 59 of the Texas Code of Criminal Procedure. All costs associated with the use of the motor vehicle shall be borne by the party using said vehicle. (4) Proceeds from the sale of real property seized and forfeited shall be negotiated between the AGENCY and the DISTRICT ATTORNEY on a case by case basis prior to commencement of litigation by the DISTRICT ATTORNEY. Ch. 59 Local Agreement Pagel of 3 (5) The AGENCY shall pay for all court costs and litigation expenses related to forfeiture proceedings. All costs of title searches and title policies for the forfeiture of real property shall be paid by the AGENCY. All other costs and expenses related to forfeiture proceedings, including the costs of storage, maintenance and auctions of vehicles and property held pending a final forfeiture judgment, shall be paid by the AGENCY. (6) It is further specifically agreed by the parties that if special circumstances dictate that a different percentage other than that set out in this Local Agreement should be awarded to the DISTRICT ATTORNEY, that this Local Agreement may be specifically modified in writing by the written consent of both parties prior to the commencement of litigation by the DISTRICT ATTORNEY. B. All currency seized by the AGENCY under Chapter 59 of the Texas Code of Criminal Procedure shall be deposited in an interest-bearing bank account held by the AGENCY and containing only funds acquired pursuant to Chapter 59 of the Texas Code of Criminal Procedure until a final judgment is rendered. AGENCY shall then transfer currency to the DISTRICT ATTORNEY as noted in Article I. A(1) 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 of the DISTRICT ATTORNEY's share of forfeited currency; all proceeds from the sale of real property; and the flat fee of THREE HUNDRED AND NO/100 DOLLARS ($300.00) for forfeited motor vehicles shall be deposited into a special fund in the County Treasury to be used by the DISTRICT ATTORNEY solely for the official purposes of the office of the DISTRICT ATTORNEY. D. In accordance with Chapter 59 of the Texas Code of Criminal Procedure, all currency and proceeds from the sale of real property, motor vehicles and personal property 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 currency, real property, personal property and motor vehicles seized for forfeiture purposes by the AGENCY effective upon date of signature by all parties. Currency, real property, motor vehicles and personal 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 currency forfeited to the State of Texas in that period; upon the proceeds of the sale of forfeited real property in that period and the flat fee of THREE HUNDRED AND NO/100 DOLLARS ($300.00) for all motor vehicles forfeited to 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 of a special circumstance where the DISTRICT ATTORNEY is required to expend significant time and effort in planning for a forfeiture case, it will be developed as a joint investigation with the AGENCY with the option of the percentage apportioned between parties being modified in a manner commensurate with the time and effort required by each of the Ch. 59 Local Agreement Page 2 of 3 Parties and a written Addendum to this Local Agreement will be executed by the parties as it pertains to the particular seizure. ARTICLE IV. The term of this Local Agreement shall be for a period of one (1) year from the date of execution of this agreement. 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. If intended for the AGENCY: THE COLONY Police Department 6800 Main Street The Colony, TX 75056 If intended for the DISTRICT ATTORNEY: Denton County Criminal District Attorney P.O. Box 2850 Denton, Texas 76202 /-7-day of , 2009. SIGNED on this the C INAL DISTRICT ATTORNEY THE COLONY POLICE DEPARTMENT D NTON COUNT , TEXAS f Paul Johnson >ef olice Criminal District ttorney Denton County; exas CITY OF THE COLONY M or Ch. 59 Local Agreement Page 3 of 3