HomeMy WebLinkAboutOrdinance 23613-03-2019Ordinance No. zoo 13-03-2019
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
STATE ASSET FORFEITURE CAPITAL FUND, IN THE AMOUNT OF $120,000.00, FROM
TRANSFERRED FUNDS, FOR ACQUISITION OF A BOX VAN FOR SEIZURES;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2018-2019 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the State
Asset Forfeiture Capital Fund in the amount of $120,000.00, from transferred funds, for acquisition of a box
an for seizures.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion orjudgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 23392-09-2018 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
ADOPTED AND EFFECTIVE: March 26,2019
CITY SECRETARY
City of Fort Worth, Texas
• ., � • • . •
DATE: Tuesday, March 26, 2019 REFERENCE NO.: '�*G-19515
LOG NAME: 35FY2019 ASSET FORFEITURE PROGRAMS
SUBJECT:
Adopt Ordinances Increasing Appropriations in the Justice Asset Forfeiture Fund, State Asset Forfeiture
Fund, and State Asset Forfeiture Capital Fund for Use on Identified Allowable Expenditures (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance increasing appropriations in the Justice Asset Forfeiture Fund in an
amount of $208,250.00, from available accrued fund balance, for certain identified allowable expenditures;
2. Adopt the attached ordinance increasing appropriations in the State Asset Forfeiture Fund in an
amount of $120,000.00, from available accrued fund balance, for purposes of making a capital transfer;
and
3. Adopt the attached ordinance increasing appropriations in the State Asset Forfeiture Capital Fund in an
amount of $120,000.00, for acquisition of a box van for seizures.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to appropriate awarded and available
accrued fund balance in asset forfeiture funds for allowed criminal justice expenditures.
In the 35 years since the Comprehensive Crime Control Act of 1984 authorized a national Asset Forfeiture
Program, it has become a powerful tool for targeting criminals, including drug dealers and white collar
criminals who prey on the vulnerable for financial gain. State forfeiture statutes are now also prevalent,
and use of these programs, along with other important anti -crime measures, has a significant impact on
crime reduction.
One of the most important provisions of the federal and state asset forfeiture programs is the authorization
to share forfeiture proceeds with cooperating law enforcement agencies for use on allowed criminal justice
expenditures.
Funds received can only be used by the Fort Worth Police Department (FWPD) to purchase items that are
permissible under the relevant federal or state guidelines, which include the U.S. Department of Justice
Guide to Equitable Sharing for State and Local Law Enforcement Agencies and the Texas Code of
Criminal Procedure. Unlike other City revenue sources that can be appropriated based on anticipated
revenues, asset forfeiture funds may only be appropriated to the extent they have been actually awarded
and accrued.
Logname: 35FY2019 ASSET FORFEITURE PROGRAMS Page 1 of 2
The adopted budget for Fiscal Year 2019 (Ordinance No. 23392-09-2018) appropriated $235,000.00 in
awarded and available accrued fund balance in the Justice Asset Forfeiture Fund. At this time, FWPD is
seeking to appropriate almost $330,000.00 in additional awarded and accrued federal and state forfeiture
funds to cover permissible law enforcement expenditures identified below:
9 purchase &training
_� -�- ___n _. _ �-T ._..-
TU/CIU Training
TU/CIU Minor Equipment
a__ �-_-_-- _ ._..�. _ _ _-_ ____.
dditional Grant Match
Van for Seizures
otal by Fund
d Total
Justice AF State AF
Fund Fund
$11,250.00
$47, 000.00
_.
$140,000.00
$10, 000.00
$120,000.
$208,250.00� �$120,000.
�--$328,250.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current Justice Asset Forfeiture Fund,
State Asset Forfeiture Fund, and State Asset Forfeiture Capital Fund, as appropriated.
FUND IDENTIFIERS (FIDsj:
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CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Jay Chapa (5804)
Joel Fitzgerald (4231)
Kristina Ashton (4224)
Logname: 35FY2019 ASSET FORFEITURE PROGRAMS Page 2 of 2