The URL can be used to link to this page

Home My WebLink AboutContract 46675 CITY SECRETAW THE STATE OF TEXAS) CONTRACT NO. W(J_10� COUNTY OF TARRANT) Chapter 59 Forfeiture Agreement Background The office of -the Criminal District Attorney of Tarrant County, Texas ("Criminal District Attorney") represents the State of Texas with regard to forfeitures of property as authorized by Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE; The City of Fort Worth, by and through its Police Department ("Department"), a law enforcement agency of the State of Texas, provides law enforcement protection and services to the citizens of the State of Texas,- Chapter exas;Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE enacted in 1989 authorizes the State of Texas, its law enforcement agencies, and its political subdivisions the right to forfeit contraband as defined in Art. 59.01(2) of the TEXAS CODE OF CRIMINAL PROCEDURE; The Criminal District Attorney and the Department join together in the Ma enforcement of Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE for the m rr betterment of all law enforcement in Tarrant County; 0 n Art. 59.08 of the TEXAS CODE OF CRIMINAL PROCEDURE provides that all Z N seized monies that are contraband may be deposited in an interest bearing m account by the Criminal District Attorney, pending lawful distribution; Cnm < The Criminal District Attorney will administer all forfeited property in m n accordance with Art. 59.06 of the TEXAS CODE OF CRIMINAL PROCEDURE, pending lawful distribution: and OFFICIAL RECORD CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, CITY SECRETARY TEXAS AND THE CITY OF FORT WORTH FT. WORTH,T*911 of 6 The parties to this agreement understand that a forfeiture judgment becomes final when any Motion for New Trial has been overruled and the time to perfect an appeal has expired or when all appeals in a case become final. The Agreement It is mutually agreed by and between Sharen Wilson, Criminal District Attorney of Tarrant County, Texas, Rudy Jackson, the duly authorized Assistant City Manager and Rhonda Robertson, Chief of Police of the City of Fort Worth, Texas on behalf of the Department as follows; (1) The Tarrant County Criminal District Attorney's Asset Seizure Fund, ("Fund"), will be created in compliance with Art. 59.08 of the TEXAS CODE OF CRIMINAL PROCEDURE; (2) The Criminal District Attorney will represent the State of Texas and the Department in all forfeiture proceedings filed in Tarrant County, Texas under the provisions of Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE; (3) The Department will refer all Tarrant County forfeiture proceedings under Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE to the Criminal District Attorney and abide by her decision to prosecute or to settle the forfeiture claim; (4) The Criminal District Attorney will bring all forfeiture proceedings in the name of the State of Texas in accordance with Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE; (5) All monies seized for forfeiture will be deposited in the Fund at the time of filing of a forfeiture proceeding and will remain in the Fund, pending final outcome of the forfeiture proceeding; CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH Page 2 of 6 (6) If any Court orders property that is the subject of a forfeiture proceeding sold under the provisions of Art. 59.02(e) of the TEXAS CODE OF CRIMINAL PROCEDURE, all proceeds of the sale will be deposited in the Fund, pending final outcome of the forfeiture proceeding; (7) Access to the Fund will be limited solely to the Criminal District Attorney or her authorized representative; (8) Said Fund will be subject to audit as required by Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE; (9) All contraband as defined in Chapter 59 of the TEXAS CODE OF CRIMINAL PROCEDURE will be forfeited to the State of Texas as represented by the Criminal District Attorney as agent for the state; (10) Once a forfeiture judgment becomes final, all monies placed in the Fund that have been forfeited to the State of Texas will be distributed in the following priority: (a) All costs incurred in that forfeiture proceeding including court costs, fees, outstanding liens, maintenance costs, and exceptional investigation or litigation costs: (b) One half of all remaining monies forfeited plus one half of all accrued interest will be disbursed into a special account in the municipal treasury used for law enforcement purposes and as defined in Art. 59.06 (c) (2) of the TEXAS CODE OF CRIMINAL PROCEDURE; and (c) All remaining monies plus all remaining interest will be placed in a special account of the Criminal District Attorney for use as defined in Art. 59.06 (c) (1) of the TEXAS CODE OF CRIMINAL PROCEDURE. CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH Page 3 of 6 (11) Once a forfeiture judgment becomes final awarding real property to The State of Texas, the Criminal District Attorney will sell that real property in a commercially reasonable manner with the proceeds of that sale deposited into the Fund and disbursed in accordance with Paragraph (10) unless the Department and the Criminal District Attorney agree to convey title to the real property to a law enforcement agency for use as contemplated by Art. 59.06 (b) of the TEXAS CODE OF CRIMINAL PROCEDURE; (12) Other than monies, conveyances and motor vehicles, once a forfeiture judgment becomes final awarding personal properties to the State of Texas, the personal property will be distributed as follows: (a) If the Criminal District Attorney sells the personal property in a commercially reasonable manner, the proceeds of the sale will be placed in the Fund and be disbursed in accordance with Paragraph (10)1- or, 10);or, (b) If both parties agree, the items of personal property will be divided between the Department and the Criminal District Attorney; (13) Once a forfeiture judgment becomes Final awarding any conveyance or motor vehicle to The State of Texas, the Department will have first option of taking title to the conveyance or motor vehicle and using it for official purposes, in accordance with Art. 59.06(b) of the TEXAS CODE OF CRIMINAL PROCEDURE; If the Department declines the first option on a forfeited vehicle, then the Criminal District Attorney may claim said vehicle for Tarrant County; CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH Page 4 of 6 If neither the Department nor the Criminal District Attorney claims a forfeited vehicle, the Criminal District Attorney may offer that vehicle to any other contracting law enforcement agency for official purposes as contemplated by Art. 59.06 (b) of the TEXAS CODE OF CRIMINAL PROCEDURE; If no party claims the conveyance or motor vehicle, the Criminal District Attorney will sell the property in a commercially reasonable manner, deposit the proceeds into the Fund and disburse those proceeds in accord with paragraph (10); (14) The Department may request additional disbursements from the Criminal District Attorney's special account as authorized by Art. 59.06 (c) (1) of the TEXAS CODE OF CRIMINAL PROCEDURE. The Department will make these requests in writing detailing the proposed use of the requested funds to the Criminal District Attorney. The parties agree that the decision of the Criminal District Attorney regarding the request is discretionary and final; (15) The Department will use these disbursements from the Criminal District Attorney for law enforcement purposes as described in Art. 59.06(c) of the TEXAS CODE OF CRIMINAL PROCEDURE; (16) This agreement may be terminated upon thirty (30) days written notice by either party to the other, however, any then pending forfeitures will continue unaffected by this notice until the proceeding is final. CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH Page 5 of 6 IT IS SO AGREED AND NOTED. WITNESS OUR HANDS on this the day , 2015. SHAREN WIL N CRIMINAL DISTRICT ATTORNEY TARRANT COUNTY, TEXAS City of Fort Worth By: Rudy J ks n Assistant City Manager Date: 3•/4o -13 APPROVAL RECOMMENDED: `- - By: y� Rhonda Robertson Chief of Police Date: O.3 - )3 —1.5 APPROVED AS TO FORM AND LEGALITY By: Victoria Honey F ®fir Assistant City Attorney (� ATTEST. ° s o-� Bv: �� OFFICIAL RECORD Mary J. r �'��, * CITY SECRETARY City Secret ry AS FT.wORTH,Tx CHAPTER 59 FORFEITURE AGREEMENT BETWEEN CRIMINAL DISTRICT ATTORNEY OF TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH Page 6 of 6