HomeMy WebLinkAboutOrdinance 25923-01-2023 ORDINANCE NO. 25923-01-2023
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE JUSTICE ASSET FORFEITURE FUND, IN THE
AMOUNT OF $298,762.92, FROM AVAILABLE FUND BALANCE, FOR THE
PURPOSE OF FUNDING CURRENT FISCAL YEAR 2023 OPERATING
EXPENSES; 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 2022-2023 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 of$298,762.92,from available fund balance,for the purpose of funding
Fiscal Year 2023 operating expenses.
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 25773-09-2022 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said prior ordinances and appropriations are hereby expressly repealed.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
Jannette S.Goodall(Jan 12,20231414 CST)
Jannette S. Goodall
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: January 10,2023
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/10/23 M&C FILE NUMBER: M&C 23-0039
LOG NAME: 35FY23 ASSET FORFEITURE
SUBJECT
(ALL)Adopt Appropriation Ordinances in the Justice, State and High-Intensity Drug Trafficking Areas Asset Forfeiture Funds for a Combined
Amount of$1,819,869.60 for Fiscal Year 2023 for the Purpose of Making Measurable Impacts upon the Safety,Wellness,and Resiliency of the
Police Department and the Community
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$298,762.92 from available fund balance,for the purpose of funding current Fiscal Year 2023 operating expenses;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Asset Forfeiture Fund in the
amount of$743,136.36 from available fund balance,for the purpose of funding current Fiscal Year 2023 operating expenses;and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the High-Intensity Drug Trafficking
Areas Asset Forfeiture Fund in the amount of$777,970.32 from available fund balance,for the purpose of funding current Fiscal Year 2023
operating expenses.
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 fund 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.These funds may not be used to supplant or replace existing resources dedicated to law
enforcement purposes through,either the reduction of general operating budgets or to cover costs assigned to other funding sources.
In Fiscal Year(FY)2023,the Chief of Police has prioritized these funds for the purpose of enhancing the safety,wellness,and resiliency of the
Department,it's officers,and the community. In order to achieve this, FWPD estimates using up to$1,819,869.60 of these funds to cover
permissible law enforcement operating expenditures,including:
• Rifle Resistant Safety Vests
• Officer Wellness
• Community Benefit
• Training Expenses
• Traffic Safety
• Crime Lab&Testing Equipment
• Grant Match(will be appropriated in separate Mayor and Council Communication)
Funding for Asset Forfeiture was not included in the FY 2023 Operating Budget, because by federal and state laws, revenues and project funding
cannot be anticipated or planned in these types of funds.
Funding is available for appropriation from fund balance of the Justice Asset Forfeiture Fund with a current balance of$805,271.79 and after
recommendation#1 above,it will have a balance of$506,508.87.
Funding is available for appropriation from fund balance of the State Asset Forfeiture Fund with a current balance of$1,050,222.60 and after
recommendation#2 above,it will have a balance of$307,086.24.
Funding is available for appropriation from fund balance of the HIDTA Asset Forfeiture Fund with a current balance of$779,264.45 and after
recommendation#3 above,it will have a balance of$1,294.13.
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 funds are available in fund balance within the Justice Asset Forfeiture Fund, State Asset Forfeiture Fund,and
HIDTA Asset Forfeiture Fund. 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,and HIDTA Asset Forfeiture Fund 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. Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Keith Morris 4243
Sarah Shannon 4254