HomeMy WebLinkAboutOrdinance 26466-09-2023ORDINANCE NO. 26466-09-2023
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE JUSTICE ASSET FORFEITURE FUND, IN THE
AMOUNT OF $90,000.00, FROM AVAILABLE UNRESERVED FUND BALANCE,
FOR THE PURPOSE OF FUNDING FISCAL YEAR 2024 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 2023-2024 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 $90,000.00, from available unreserved fund balance, for the purpose
of funding Fiscal Year 2024 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 incorporated into the ordinance effecting the budget of the municipal government
of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2023, and ending September 30,
2024, 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instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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
Assistant City Attorney City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/26/23 M&C FILE NUMBER: M&C 23-0818
LOG NAME: 35FY24 ROLLOVER ASSET FORFEITURE
SUBJECT
(ALL) Adopt Appropriation Ordinances in the Justice and State Asset Forfeiture Funds for a Combined Amount of $373,000.00 for Fiscal Year
2024 for Continuing Previously Approved Projects that Impact 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 $90,000.00 from available unreserved fund balance, for the purpose of funding Fiscal Year 2024 operating expenses; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Asset Forfeiture Fund in the
amount of $283,000.00 from available unreserved fund balance, for the purpose of funding Fiscal Year 2024 operating expenses.
DISCUSSION:
The Comprehensive Crime Control Act of 1984, authorized federal officials to implement a national Asset Forfeiture Program (Program). The
Program has been a tool for targeting criminals, including drug dealers and white-collar criminals who victimize the community by committing
crimes for financial gain. Forfeiture statutes, along with other important anti -crime measures, contribute to crime reduction. One of the 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 prioritized these funds for the purpose of enhancing the safety, wellness, and resiliency of the
Department, it's officers, and the community. On January 10, 2023, the Fort Worth City Council approved the use of asset forfeiture funds for
specific law enforcement -related expenses related to mental health, wellness, and resiliency within the Fort Worth Police Department (M&C 23-
0039). In order to achieve this, FWPD estimates continuing using up to $373,000.00 of these funds to cover previously approved law enforcement
operating expenditures, including:
• Rifle Resistant Safety Vests
• Officer Wellness
• Community Benefit
• Grant Match (will be appropriated in separate Mayor and Council Communication)
Funding for Asset Forfeiture is not included in the FY 2024 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 $831,272.41 and after
recommendation #1 above, it will have a balance of $741,272.41.
Funding is available for appropriation from fund balance of the State Asset Forfeiture Fund with a current balance of $953,995.49 and after
recommendation #2 above, it will have a balance of $670,995.49.
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: United
States Department of Justice
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in fund balance within the Justice Asset Forfeiture and State Asset Forfeiture
Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in
the Justice Asset Forfeiture and State Asset Forfeiture Funds 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: Sarah Shannon 4254
Adriana Gonzales 4217