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Home My WebLink AboutOrdinance 26665-01-2024 Ordinance No.26665-01-2024 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE JUSTICE ASSET CAPITAL FORFEITURE FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE VEHICLES—POLICE PROJECT(CITY PROJECT NO.P00035)IN THE AMOUNT OF $450,000.00 AND TRANSFERRING ESTIMATED RECEIPTS AND APPROPRIATIONS FROM THE JUSTICE ASSET FORFEITURE FUND,BY THE SAME AMOUNT; 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 adjusted estimated receipts and appropriations in the Justice Asset Capital Forfeiture Fund, by increasing estimated receipts and appropriations in the Vehicles-Police Project (City Project No. P00035) in the amount of$450,000.00 and transferring estimated receipts and appropriations from the Justice Asset Forfeiture Fund by the same amount. 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 26453-09-2023 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 A 00 �� Ay 0° °° �Y 0�° Jannette S. Goodall 0 o Assistant City Attorney City Secretary �� °°°O 0c, ' 00000 ADOPTED AND EFFECTIVE:January 23,2024 FORT DRTHf, Trial Balance Report Fiscal Year: 2024 YTD As Of Period 0 Period 0 26003 -Justice Asset Forfeiture Runtime: 12/1/2023 7:42:35 AM Export Ledger Data Export Journal Data Report ID: GL0030-00 1010100 Pooled Cash In Fund $967,922.33 $967,922.33 Asset $967,922.33 $967,922.33 Sub Total 3010000 Fund Balance ($967,922.33) ($967,922.33) Fund ($967,922.33) ($967,922.33) Balance Sub Total Grand $0.00 $0.00 Total Fund Balance/Net Position Calculation Beginning Balance YTD Revenue YTID Expense Position Journals 26003 3010000 Fund Balance ($967,922.33) $0.00 $0.00 $0.00 ($967,922.33) FSCM 92 Production Page 1 of 2 2024 0 fiscal f ear' pM period 121Al2p23Z:42.35 OttG1.0030�p0 Rep Runtime: aahGe � 1D '(�►a� ��pefiod p Report `(TID �o�eiture 'i 6p03 'Justce Nsset 1 IVG 2 a er pata Ex oa�e pata X ort journal E lciaiBaianpe Sum G`Qp30_00 Repo�0 2024 Fiscal`�ear 0 period pCTUFLS hedger 26p03 Fund FSGM 92 Pr°auction Page2ol2 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0056 LOG NAME: 35ASSET FORFEITURE FY24 SUBJECT (ALL)Adopt Appropriation Ordinances in the Justice, State and High-Intensity Drug Trafficking Areas Asset Forfeiture Funds for a Combined Amount of$1,479,521.75 and in the Justice Asset Forfeiture Capital Funds for an Amount of$450,000.00 for Fiscal Year 2024 for the Purpose of Making Impacts Upon the Safety,Wellness,and Resiliency of the Police Department and the Community and Amend the Fiscal Years 2024- 2028 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$650,000.00 from available fund balance,for the purpose of funding current Fiscal Year 2024 operating expenses; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Asset Forfeiture Fund in the amount of$709,385.46 from available fund balance,for the purpose of funding current Fiscal Year 2024 operating expenses; 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$120,136.29 from available fund balance,for the purpose of funding current Fiscal Year 2024 operating expenses;and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Justice Asset Forfeiture Capital Fund in the amount of$450,000.00 transferred from the Justice Asset Forfeiture Fund,for the purpose of funding the Vehicles-Police programmable project(City Project No. P00035). 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)2024,the Chief of Police has prioritized these funds for the purpose of enhancing the safety,wellness,and resiliency of the Department,its officers,and the community. In order to achieve this, FWPD estimates using up to$1,479,521.75 of these funds to cover permissible law enforcement operating expenditures, including: • Safety Vests for Arson/Bomb Squad and Police Department • Replacement Response Vehicles for Arson/Bomb Squad • Traffic Safety and Investigations • Officer/Employee Wellness and Safety • Community Benefit • Crime Scene Equipment • Grant Match(will be appropriated in separate Mayor and Council Communication) Funding for Asset Forfeiture was 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 for the Vehicles-Programmable project was not included in the FY 2024- 2028 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 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023, and adopt the necessary appropriation ordinances described in the recommendation section of this M&C and attached hereto. Funding is available for appropriation from fund balance of the Justice Asset Forfeiture Fund with a current balance of$967,922.33 and after recommendation No.1 above,it will have a balance of$317,922,33. Funding is available for appropriation from fund balance of the State Asset Forfeiture Fund with a current balance of$1,116,560.70 and after M&C 35FY24 TXDOT CMV Grant, M&C 35FY24 TXDOT STEP Comprehensive Grant,and this M&C,all scheduled on 1/23/2024 council agenda,fund balance will have an ending balance of$313,895.24. Funding is available for appropriation from fund balance of the HIDTA Asset Forfeiture Fund with a current balance of$120,136.29 and after recommendation No.3 above,it will have a balance of$0.00. 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 the fund balances of the Justice Asset Forfeiture, State Asset Forfeiture,and HIDTA 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,State Asset Forfeiture, HIDTA Asset Forfeiture Funds,and in the Justice Asset Forfeiture Capital Fund for the Vehicles-Police programmable project. Prior to an expenditure being incurred,the Police Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b . Fernando Costa 6122 Originating Business Unit Head: Neil Noakes 4212 Additional Information Contact: Keith Morris 4243 Sarah Shannon 4254