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HomeMy WebLinkAboutOrdinance 27271-11-2024Ordinance No. 27271-11-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE STATE ASSET FORFEITURE FUND, IN THE AMOUNT OF $400,478.00, FROM AVAILABLE UNRESERVED FUND BALANCE, FOR THE PURPOSE OF FUNDING FISCAL YEAR 2025 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 2024-2025 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the State Asset Forfeiture Fund in the amount of $400,478.00, from available unreserved fund balance, for the purpose of funding Fiscal Year 2025 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 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 . Assistant City Attorney ADOPTED AND EFFECTIVE: November 12, 2024 Jannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 11/12/24 M&C FILE NUMBER: M&C 24-0984 LOG NAME: 35FY25 ROLLOVER ASSET FORFEITURE SUBJECT (ALL) Adopt Appropriation Ordinance in the State Asset Forfeiture Fund in the Amount of $400,478.00 for Fiscal Year 2025 to Continue Previously Approved Projects that Impact the Safety, Wellness, and Resiliency of the Police Department, the Fire Department, and the Community RECOMMENDATION, It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the State Asset Forfeiture Fund in the amount of $400,478.00 from available unreserved fund balance, for the purpose of funding Fiscal Year 2025 operating expenses. I,j� SCUS$IgN: 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 (F1NPD) to fund items that are permissible under 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 prioritized these funds for the purpose of enhancing the safety, wellness, and resiliency of the Department, it's officers, and the community. On January 23, 2024, 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 (Mayor & Coucil Communication (M&C) 24-0056). In order to achieve this, FWPD estimates continuing using up to $400,478.00 of these funds to cover previously approved law enforcement operating expenditures, including: • Officer Wellness • Community Benefit • Safety Vests for Arson/Bomb Squad and Police Department • Traffic Safety Funding for Asset Forfeiture is not in in the FY 2025 Operating Budget, because by federal and state laws, revenues and project funding cannot be anticipated or planned in these types of funds. Fort Worth Police Department anticipates submitting a separate M&C to recommend new projects upon completion of the previous year's reporting process. Funding is available for appropriation from fund balance of the State Asset Forfeiture Fund with a current balance of $1,333,475.07 and after recommendation #1 above, it will have a balance of $932,997.07. 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: Department of Justice FISCAL INFORMATION / CERTIFICATION; The Director of Finance certifies that funds are currently available in unreserved fund balance within the State Asset Forfeiture Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the State 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 W. William Johnson 5806 Originating Business Unit Head:, Robert Alldredge 4131 Additional Information Contact: Christin Graham 4225