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HomeMy WebLinkAboutResolution - 2015-R0145 - Interlocal Forfeiture Agreement With City Marshal's Office - 05/14/2015Resolution No. 2015-RO145 May 14, 2015 Item No. 5.23 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Municipal Judge of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock and the Lubbock City Marshal's Office, as a "Law Enforcement Agency" as defined in Chapter 59 of the Texas Code of Criminal Procedure, an Interlocal Forfeiture Agreement with the Lubbock County Criminal District Attorney, and related documents. Said Interlocal Forfeiture Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 14 2015. EMMA '' • • � ATTEST: Re cca Garza, City Secreta APPROVED AS TO Judge APPROVED AS JohnX/ ce/,XssistapCaty Attorney S:\cityatt\CCDOCS\RES.Interlocal Forfeiture Agreement.20I5 (1.2) - City Marshal FINAL.doc Resolution No. 2015-RO145 INTERLOCAL FORFEITURE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This INTERLOCAL FORFEITURE AGREEMENT (hereafter referred to as the "Agreement") is made and entered into by and between the City of Lubbock, Texas on behalf of the Lubbock City Marshal's Office, (a "Local Law Enforcement Agency" as defined by Chapter 59 of the Texas Code of Criminal Procedure) a law enforcement agency whose jurisdiction includes all or part of Lubbock County, Texas, and which conducts operations in Lubbock County, and the Criminal District Attorney of Lubbock County, Texas, (hereinafter referred to as the "Attorney Representing the State"). Pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure, which concerns the disposition of property and contraband seized by law enforcement officers, the Local Law Enforcement Agency and the Attorney Representing the State desire to enter into an agreement regarding the disposition of said forfeited property and contraband. This agreement is entered into by and between the respective parties hereto and is predicated upon the mutual consideration and the contraband itself, seized pursuant to the appropriate state statutes. Accordingly, inasmuch as said statutes require that an agreement exist between the State and law enforcement agencies which seize said property, and in furtherance of that statutory purpose, it is the intention of said parties to herewith enter into an agreement with regard to disposition of said property. In consideration of the services rendered for the Local Law Enforcement Agency by the Attorney Representing the State in connection with the forfeiture of property and contraband, the Attorney Representing the State shall receive THIRTY PERCENT (30%) of all money forfeited and a like percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal, with said fair market value determined when said property is finally forfeited to the State. The Attorney Representing the State agrees that the Local Law Enforcement Agency shall receive the remaining percentage of all money forfeited and the remaining percentage of the fair market value of any other property forfeited, whether tangible or intangible, real or personal. The parties acknowledge that the proceeds obtained through the public auction of forfeited property may be more or less than the fair market value of the property. If the Local Law Enforcement Agency elects to place forfeited property into service, it shall within sixty (60) days of placing property into service tender to the Attorney Representing the State the above -referenced percentage of the property's fair market value. Forfeited money or property received by the Attorney Representing the State shall be used for the official purposes of the Attorney Representing the State's office consistent with Article 59.06 of the Texas Code of Criminal Procedure and other applicable state and federal laws. Forfeited money or property received by the Local Law Enforcement Agency shall be used for official law INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT - PAGE 1 enforcement purposes consistent with Article 59.06 of the Texas Code of Criminal Procedure and other applicable state and federal laws. The forgoing division of value notwithstanding, it is further specifically agreed by the parties that should special circumstances dictate that a different percentage than that set out in this agreement be awarded to the Attorney Representing the State, that this agreement may be specifically modified by the consent of both parties, which said agreement shall be reduced to writing. Special circumstances which may warrant a different division of the value of forfeited property and contraband include, without limitation, the participation of each agency involved in the seizure, transport and storage of said property, the amount of time and effort in investigative efforts, and the amount of time and effort in preparation and trial of the civil asset forfeiture case. In the event that more than one law enforcement agency participates in the seizure of property, it shall be the responsibility of the participating law enforcement agencies to agree to a division of the value of the property between them. The Attorney Representing the State is not obligated to share its percentage of the value of the property with cooperating law enforcement agencies. The Local Law Enforcement Agency is responsible for obtaining a release of any lien on property to be forfeited pursuant to this Agreement. The Local Law Enforcement Agency acknowledges that, pursuant to Article 59.04 of the Texas Code of Criminal Procedure, the Attorney Representing the State must commence proceedings under this section not later than the 30th day after the date of the seizure. To facilitate this filing deadline, the Local Law Enforcement Agency acknowledges that it must submit sufficient information to the Attorney Representing the State to allow the Attorney Representing the State to instigate civil asset forfeiture proceedings within ten (10) days of the seizure of any property. The Attorney Representing the State shall promulgate forms to assist the Local Law Enforcement Agency in submitting the necessary information. Any notices, payments, statements, demands or other communications required or permitted to be given pursuant to the terms and conditions of this agreement, or as a result of this agreement, may be rendered by either party to the other through either personal delivery or by depositing same in the United States mail, properly addressed, certified mail, return receipt requested, postage prepaid. Unless otherwise specified, this agreement shall be in effect from and after the day of its execution by each of the parties hereto. It is the specific intention of the parties that this agreement shall automatically renew on a yearly basis. Any party intending to withdraw from this agreement may do so upon thirty (30) days written notice to the other party. In the event of forfeiture proceedings has been commenced prior to the termination date of the agreement or the notification with regard thereto, said forfeiture shall not be affected by the termination of the agreement or the notification of intended termination. It is the specific intention of the parties that this agreement shall apply to all things forfeited pursuant to Chapter 59 of the Texas Code of Criminal Procedure and to Article 18.18 of the Texas Code of Criminal Procedure, from and after the effective date of this agreement. Money INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT - PAGE 2 and property shall be considered to have been finally forfeited to the State when the forfeiture judgment has become final and no motion for new trial or appeal has been taken. Disbursement of forfeited funds shall be made upon final forfeiture of the property. Forfeiture procedures underway at the time this agreement is made and entered into may be covered by this agreement, as per the individual agreement of the parties hereto with regard to each such pending case. If lawful money of the United States is seized pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure and pursuant to the terms of this agreement, the Attorney Representing the State may deposit said funds in an interest- bearing account in the jurisdiction of the Attorney Representing the State. However, and at the option of the Attorney Representing the State, the Attorney Representing the State may request that Local Law Enforcement Agency, deposit said funds in an interest-bearing account in Lubbock County, Texas maintained by the Local Law Enforcement Agency for said purposes. It is understood by and between the parties that the decision to settle, try, dismiss or otherwise resolve the civil asset forfeiture cause of action shall be in the sole discretion of the Attorney Representing the State; however, the Attorney Representing the State shall make reasonable efforts to keep the Local Law Enforcement Agency advised as to the status and disposition of any such case consistent with all ethical duties applicable to the Attorney Representing the State. Costs of storage, insurance, maintenance, or repair of any property seized or forfeited pursuant to this Agreement shall be at the sole cost and expense of the Local Law Enforcement Agency, unless otherwise agreed to by the parties in writing. Each party paying for the performance of governmental functions or services pursuant to this Agreement must make those payments from current revenues available to the paying party. Made and entered into on this the 14th day of May , 2015 [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.] INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT - PAGE 3 FOR THE CITY OF LUBBOCK AND ITS CITY MARSHAL'S OFFICE, A LOCAL LAW ENFORCEMENT AGENCY AS DEFINED BY CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE: Hon. Robert Doty, Lubbock Municipal Judge City of Lubbock, Texas ATTEST: Becky Garza, City Secretary Hon. Rober145oty, Lubbock Municipal City Attorney FOR THE ATTORNEY REPRESENTING THE STATE: Matthew D. Powell Criminal District Attorney Lubbock County, Texas S:\cityalt\CITYATT\JOHN\Muni Ct -Misc\INTERLOCAL FORFEITURE AGREEMENT 2015 Final (1,1)- City Manhal.docx INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT — PAGE 4