HomeMy WebLinkAboutOrdinance 25321-02-2022 ORDINANCE NO.25321-02-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE JUSTICE ASSET FORFEITURE FUND IN THE
AMOUNT OF S696,145.60,DECREASING FUND BALANCE,FOR THE PURPOSE
OF FUNDING OPERATING EXPENSES AND MAKING A TRANSFER, IN THE
AMOUNT OF S508,695.31, TO THE JUSTICE 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 2021-2022 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Justice
Asset Forfeiture Fund in the amount $696,145.60, decreasing fund balance, for the purpose of funding
operating expenses and making a transfer,in the amount of$508,695.31,to the Justice 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 25073-09-2021 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said prior ordinances and appropriations are hereby expressly repealed.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
TAnnexe S. Goodall
Jannette S.Goodall(Feb 10,2022 11:51 CST)
Assistant City Attorney Jannette Goodall
City Secretary
ADOPTED AND EFFECTIVE: February 8,2022
�xas.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/08/22 M&C FILE NUMBER: M&C 22-0092
LOG NAME: 35FY22 ASSET FORFEITURE
SUBJECT
(ALL)Adopt Attached Appropriation Ordinances in the Justice, State,and Treasury Asset Forfeiture Funds for a Combined Amount of
$1,161,872.02 and in the Justice Asset Forfeiture Capital Funds for an Amount of$508,695.31 for Fiscal Year 2022 and Amend the Fiscal Years
2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Justice Asset Forfeiture Fund in the
amount of$696,145.60,decreasing fund balance, for the purpose of funding operating expenses and making a transfer, in the amount
of$508,695.31,to the Justice Asset Forfeiture Capital Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Asset Forfeiture Fund in the
amount of$642,757.94,decreasing fund balance,for the purpose of funding operating expenses;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Treasury Asset Forfeiture Fund in the
amount of$331,663.79, and decreasing fund balance,for the purpose of funding operating expenses;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Justice Asset Forfeiture Capital Fund in
the amount of$508,695.31,transferred from the Justice Asset Forfeiture Fund, for the purpose of funding the Technology-Police
programmable project(City Project No. P00034);and
5. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
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(FY)2022, FWPD estimates using up to an additional$1,670,567.33 of these funds to cover permissible law enforcement
operating expenditures,which include:
• Training
• Minor Equipment
• Uniforms
• Classified Services
• Facility Needs
• Capital Equipment
Funding for the Technology-Programmable project was not included in the FY 2022-2026 Capital Improvement Program, because by federal and
state laws, revenues and project funding cannot be anticipated or planned in these type of funds. This action in this M&C will amend the FY 2022-
2026 Capital improvement Program as approved in connection with Ordinance 25073-09-2021.
The available fund balance in the Justice Asset Forfeiture currently is$753,368.28 and after recommendation#1 above, it will have a balance of
$57,222.68.
The available fund balance in the State Asset Forfeiture currently is$658,061.58 and after recommendation#2 above,it will have a balance of
$15,303.64.
The available fund balance in the Treasury Asset Forfeiture currently is$343,796.93 and after recommendation#3 above,it will have a balance of
$12,133.14.
These projects are located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:State
of Texas,United States Federal Government
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,Treasury Asset Forfeiture Fund,Justice Asset Forfeiture Capital
Fund for the Technology-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: Neil Noakes 4212
Additional Information Contact: Sarah Shannon 4254
Keith Morris 4243