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HomeMy WebLinkAboutOrdinance 23612-03-2019Ordinance No, 23612-03-2019 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STATE ASSET FORFEITURE FUND, IN THE AMOUNT OF $120,000,00, FROM AVAILABLE ACCRUED FUND BALANCE, FOR PURPOSES OF MAKING A CAPITAL TRANSFER; 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 Fund in the amount of $120,000.00, from available accrued fund balance, for purposes of making a capital transfer. 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 or judgment 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ary J. 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 :TU/CIU Training -r.- 4-.- �. ____.e �_ _ .v_ :TU/CIU Minor Equipment .dditional Grant Match rapacity x.._ __ _,-_- _�TT _ _.. ox Van for Seizures otal by Fund rand Total ustice AF State AF and Fund $11,250.00 �$47,000.00 z.... $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 (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # �moun ID ID _ _____ Year__ (Chartfield 2) FROM _ .. � � 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