HomeMy WebLinkAboutOrdinance 24328-08-2020 Ordinance No. 24328-08-2020
AN ORDINANCE INCREASING APPROPRIATIONS IN THE STATE ASSET FORFEITURE
FUND IN THE AMOUNT OF$784,533.00 INCREASING ESTIMATED REVENUES IN THE
AMOUNT OF $409,533.00 AND DECREASING FUND BALANCE BY $375,000.00, FOR
THE PURPOSE OF FUNDING OPERATING EXPENSES AND MAKING A TRANSFER TO
THE STATE ASSET FORFEITURE CAPITAL FUND; 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 2019-2020 in the
Budget of the City Manager, there shall also be increased appropriations in the State Asset Forfeiture Fund
in the amount$784,533.00 from available funds, for the purpose of funding operating expenses and making
a transfer to the State Asset Forfeiture Capital Fund.
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 23835-09-2019 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
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Assistant City Attorney Mary J. Kayser
ADOPTED AND EFFECTIVE:August 11, 2020 F®RT
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/11/20 M&C FILE NUMBER: M&C 20-0536
LOG NAME: 35FY20 ASSET FORFEITURE SUPPLEMENT
SUBJECT
Adopt Supplemental Appropriation Ordinances in the Justice and State Asset Forfeiture Funds for a Combined Amount of$1,160,693.00 and in
the Justice and State Asset Forfeiture Capital Funds for a Combined Amount of$412,000.00 for Fiscal Year 2020 and Update the FY2020-2024
Capital Improvement Plan(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1.Adopt the attached appropriation ordinance increasing appropriations in the Justice Asset Forfeiture Fund in the amount of$376,160.00 for the
purpose of transferring$7,000.00 to the Justice Asset Forfeiture Capital Fund,increasing receipts in the amount of$120,000.00 and decreasing
the assigned fund balance by$256,160.00;
2.Adopt the attached appropriation ordinance increasing appropriations in the State Asset Forfeiture Fund in the amount of$784,533.00 for the
purpose of transferring$405,000.00 to the State Asset Forfeiture Capital Fund,increasing receipts in the amount of$409,533.00 and decreasing
the assigned fund balance by$375,000.00;
3.Adopt the attached appropriation ordinance increasing receipts and appropriations in the Justice Asset Forfeiture Capital Fund in the amount of
$7,000.00 in the Equipment-Police programmable project for the purpose of funding equipment needs(City Project No. P00033);and
4.Adopt the attached appropriation ordinance increasing receipts and appropriations in the State Asset Forfeiture Capital Fund in the amount of
$405,000.00 in the Facility Renovation/Exp-Police programmable project for the purpose of funding facility needs(City Project No. P00050)
DISCUSSION:
In the 35 plus years since the Comprehensive Crime Control Act of 1984,authorized federal officials implemented a national Asset Forfeiture
Program(Program)The Program has become a powerful tool for targeting criminals,including drug dealers and white collar criminals who prey on
the vulnerable for financial gain.Forfeiture statutes are now prevalent and their use,along with other important anti-crime measures,have a
significant impact on crime reduction.
One of the most important provisions of the Program is the authorization to share federal forfeiture proceeds with cooperating state and local law
enforcement agencies.
Funds received from the Program can only be used by the Fort Worth Police Department(FWPD)to purchase items that are permissible under
the U.S.Department of Justice Guide to Equitable Sharing for State and Local Law Enforcement Agencies and the Texas Code of Criminal
Procedure Chapter 59,Forfeiture of Contraband.
For Fiscal Year 2020, FWPD estimates using up to an additional$1,160,693.00 of these funds to cover permissible law enforcement
operating expenditures,which include:
-Training
-Minor Equipment
-Uniforms
-Classified Services
-Facility Needs
-Capital Equipment
Funding for these projects was not included in the FY2020-2024 Capital Improvement Plan,because by federal and state laws revenues and
projects cannot be anticipated or planned in these fund types.The action in this M&C will update the FY2020-2024 Capital Improvement Plan.
These projects are located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: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 Justice Asset Forfeiture Fund, State Asset Forfeiture Fund,Justice Asset Forfeiture Capital Fund for the Equipment-Police
programmable project,and the State Asset Forfeiture Capital Fund for the Facility Renovation/Exp-Police programmable project as
appropriated. Prior to an expenditure being incurred,the Police Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by Jay Chapa 5804
Originating Business Unit Head: Ed Kraus 4231
Additional Information Contact: Kristina Ashton 4254
Adriana Gonzales 4217