HomeMy WebLinkAboutResolution - 2019-R0385 - Interlocal Forfeiture Agreement With Lubbock County Criminal District Attorney - 10/22/2019 Resolution No. 2019-RO385
Item No. 6.16
October 22, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Chief of Police of the City of Lubbock is hereby authorized and
directed to execute for and on behalf of the City of Lubbock and its Police Department, 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 October 22 , 2019.
(I,-,
DANIEL, M. POPE, MAYOR
ATTEST:
eb ccaaria, City Secreta
APPROVED AS TO C NTENT:
Jerry D. Bre , Jr., Chief of Police
APPROVED AST O
John s st t ity XAorney
S:cit att CD C IRCS.lnter o I Forfeiture Agreement.2019.doc§
Resolution No. 2019-RO385
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
Police Department, (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
INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT-PAGE f
money or property received by the Local Law Enforcement Agency shall be used for official law
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
INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT-PAGE 2
Texas Code of Criminal Procedure, from and after the effective date of this agreement. Money
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 22nd day of October ,2019.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.]
INTERLOCAL AGREEMENT WITH LUBBOCK POLICE DEPARTMENT-PAGE 3
FOR THE CITY OF LUBBOCK AND FOR THF.ATTORNEY
ITS POLICE DEPARTMENT. A REPRESENTING THE S"TATE:
LOCAL_ LAW ENFORCEMENT
AGENCY AS DEFINED BY CUIAPTER
59 OF THE TEXAS CODE OF
C'Rliv E)(1-MURE:
.terry Tar wer K. Sunshine Stanek
Interim Chief of Police Criminal District Attorney
Lubbock Police Department Lubbock County.Teras
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APPROVED AS TO CONTENT:
Capt. Nathan \'hitr, Lubbock Police
Department
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John it ss'su it , tornev
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