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22-794
22-794ORDNANCE NO. AN ORDNANCE OF THE CIU OF DDtrON AurHORlznqG THE crrY MANAGER TODacuiE AN DfIHRLOCAL AGRmdwr BErWHW THE CIU OF DWFON, BY ANDTHROUGH rrs POLJa DEPARTwmw, AND THE DnvroN couNrY CRhmqALDBTRICr ArrORNEY. FOR un DBPOsrrioN OF CONrRABAND SEiaaD ANDFORFErrHD UNDER aIAPrm 59, TWAS CODE OF CRnaNAL PROCHDURE; ANDPROVDDBgG AN EFFECTWE DATE. WHEREAS, Cb@tel 59 of the Tw8 Code of C>imh81 Prwedwq artttled “Forfeiture of Couu&bancPpovida br the tx&ituro to the State of Twas ofpnputy detertnined to b “contr8banP’ as da6aaltbarXIiI; and WHEREAS, Article 59.06 ofChqHn 59 of the Tms Code Cdmhal Prwedun authoring “local agBanont3” bRwnn tho dtDrney npwarting tho state and law aIfaommt agarcie3 to eRect thedisp®ition offar6italwntnbarld; aId WHEREAS, tIn Denton County Cdurinal District Adr>may npnsarts the State of Texas hI Rxf8hur8 proceedin Hg invoMq contraband nba pwunat to CharM 59 of the Twas Code ofCrirniaalPlowdue; Bad WHEREAS, Article 59.06 of Chapter 59 of the Twas Code ofCdminal Prwodun mttxrrizes the CityofDeatonPoli® lbpaRIwnt as dIe law alfaoanmt agency aId the Don&m Cowty Crhiaal District ABunqy as the attorney nlz®mting the State of Twas to ax9ctae this Agreament, and WHEREAS, the tang ofthi8A8rearnmt shall qvly only to those casa wbue caatr8band is anally faBit4andth8 %sn&BCIOsedby t}relbntmCowrty CridndDjgtrhAtMnqy on u a6Brthe BeeHive Date of this A8r80rnaa, md; WHEREAS, the City of Ibatr>n, Iv and thx>ua its Police Dqnr&nant; and the Denton CountyCriminal DistHct Attrxney, initially mtond into an AgreonaR on August 21, 2009 npniing the disposition of pcm&alnnd seW and fotfeitBd undn Chapter 59 of the Texas CcxleofCrimiluI Pncodue;end WHEREAS, the City of thakIn, by and thmugr its Police D6lnnrnont, and the Denton CourdyCrhninal DisaiatAttormy, wish to continue this Agnement; and WHEREAS, the City Cowan BIrds that this Agrwmaa suva a valid public purpose mdis in dn public interest; NOW, THEREFORE, IIIE COUNCIL OF THE crrY OFDHfrON HEREBY ORDARqS: SECTiON 1. The findings set forth in the aIx)ve preamble to this Ordinanee ard true md c6aec:t and are hereby adopted. SECrIIQN 2. The Agrement entered-into on August 21, 2009, is haeby supeneded inits minty by this Agnment SECTION 3: The City MaluWr is hUBby adlndzal to uwute tlnA8mmant tntweenthe City of Dado& by and through the Dalton Police Dqwtrnart, and the Denton Cormty C:dminnl DistdctAttDarw, in the R>In ofExlabit “A” all@had hereto. wm. This Qrdirwxn shall tn amuladve ofallpmvjgjow ofoMrlances ofae City ofDeat£n, exwptwbae the provisions of this Olrlinance ale in dina conflict with the providmsof stab ordinnnws, in which evwt tire wnfliairrg provisions of stub ordinances are herebyIVealed SE(']]gM: This Ordinance is effective immediately on the day of its passage. TIHmaqonb qpa„e aBs ORHna,„B was made by %M %ct andseoandedby AIB)Yy bbA\Vie , dIe Qnlinance was BSM:Bd ©pluved by the following VDe IEaf–II M M Alntain Al>nnt Mayor Gerald Hud$pettuVidki Bylxl, District 1 :Brian Bea Distda 2: Jwe Davis, District 3: Alien Maguire, District 4:Dd) Arrniraor, At large Plan 5:Paul Melt% AtLatBe Place 6: b/P 1/ b/ V/b/ V/ r PASSED AND APPROVED this the ATIEST: ROSA RIOS, CITY SECRBrARY L\\\\\1l111111 yZZ'9 APPROVHD AS TO LEGAL FORM:MAm RETNWAND, CITY ATrORNEY Page 2 LOCAL AGREEMENt This LOCAL AGREEMENT is made and mtwd into by and tntween the City ofDenton, Texas, a municipal corporation, by and through its PoliceDepartment, huebrafter “the AGENCY," arId the Denton Cowrty Criminal DistrictAttorney's OfRee, haehraft9r "the DISTRICT ATTORNEY." wrrNESSETH: WHEREAS, the AGENCY and the DISFRICF ATroRNEY desire to alter into an ngreeunnt r8prding disposition of contraband seized and forhiad tudor Chapter 59 of the Texas Code of Criminal Procedwe; md WHEREAS, Chapter 59 of the Texas Code ofCdrninal nncedwe pR>vides Rx the far&hun to the State of Tms of property found to be "conaabard" 88 defined tv Chapter 59 of the Twa8Ccxie of Criminal ProwdIm; arId WHEREAS, the DISTRICT ATFORNEY npnwtas the State of Texas in all cases nganling the foreiRIm of aonbabaad seized in Den&III Couaty, Texas, pwsuant to ChqX© 59 of tIn Code of Criminal Prcx>edure. NOW, tbuefon, this Local Agrwtnent is hereby made md enBled into by the AGENCYand the DISTRICF ATFORNEY for the mutual consideration stated herein: ARTICLE L A. In considonaon for the services provi&d by the AGENCY and the DISTRICT ATFORNEY associatd with the foreRule of cmtntnnd, the AGENCY and the DISTRICT ATFORNEY agree to the followhrg di8position of oonUuband forfeited underClupter 59 of Texas Code ofCdmbral Prnoedue: (1)Ure AGENCY will receive eighty perl,ent Wo) and DISTRICT ATFORNEY twenty penmt (2CMo) of all curroncy seized aId forfeited. (2)The AGENCY will r%eive one hundred percent (100%) of the pNn nds Born the sale of penoaal property seized and forfeited that the AGENCY dow not un in its law enfonwrmt operations. (3)The AGENCY shall pay the DISTRICt ATTORNEY the sum of THREE HUNDRED AND NO/100 DOTrTiARS($300.00) foreaGh 6nal judgmeHt obtained for the forfeitun of a motor vehlcl& if a motor vehicle is the subject of a 6nal judgment of forfeiture, the AGENCY has the option of taking title to saidvehicle and using it for law arfonmmt pup0% in the investigation of allegedviolations of the criminal laws of tIn State of Twas lwsuarrt to the nqui8ites ofChapFter 59 of the Texas Code of Cdmiml Procedure. All costs wsocia8ed with the un of the motor vehicle shall in txxae by the party USbIg ad vehicle. (4) Proceeds &on the sale of rnl property seized and farBited shall be negotiated CL S9Lu] AgMam hp 1 on Intwnn the AGENCY and the DISTRIU ATTORNEY on a case by case basis prior b wrumemwaR of litigation Iv the DISTRICF ATFORNEY. (5)The AGENCY shall pay for all oourt wsB md litigation apawes mUted toforfeiture pax,eedhgs. All costs of title sunhes end title poli6ie8 tir tho R>rfehuro of real pN4nty 8hail tn paid by ILe AGENCY. All other costs 8adaperw® nlded toforfeitun prwudin8s, hnludirr8 the costs of storage, mahItgnaix>e and auctions of vehi£les axl pmpedy held pending a final forfehwe judgment, shall tn paid by theAGENCy. (6)It is fbrthu spwi6wIly agreed by the parties that if special ciwrmlstnnms dictate that a diEemt penent&ge other than that set out in this Local Agnernmt shouldbe 8wuded b the DISTRICT ATTORNEY, that this IKE>al Agrwtnwt may be wet,iSa1 ly modi£ed in writing by the written comBat of both parties prior to tho comarm®mmt of litigation by the DISTRICF ATrORNEY. B. All cwnncy ©ized by the AGENCY WIder Chapter 59 of the Twas Code of CriminalPrxmdw8 shall in deposited in an h&mst-burly bank amouR held by the AGENCY and cont8hing ally AIn& mquind pursuant to ChqMr 59 of the Texas Code of Crimiml Prowdununtil a 6nal judgment is nndared. AGENCY shall thu1 &awbr cwrmcy to the DISTRICTATTORNEY as rnted in Article I. A(1) above. Payments tD DlsTRlcr ATFORNEY shall & made pursuant to Adi6le ll. C. In 8ceordanoe with Chapter 59 of the Texas Code of Criminal Pn>wduw, all of theDISTRICT ATTORNEY's share of fa:feited currency; all pxx>nds Bum the sale of realproperty; and the flat fee of THREE HUNDRED AND ND/100 DOLLARS ($300.00) hr Rrrfehd motor vehicln shall in deposited intl) a special fund in the Cormty TreasuV to be usedby the DISTRICT ATrORNEY solely for the ofBcial pwpows of the once of the DISTRICFATTORNEY, D. In ®conlaace with Chq>ter 59 of the Texas Code of Cdtninal Punedurq all currmcy andprD mds from the sale of maI pmpedy, motor vehicles and personal pa)petty rwdved by theAGENCY shall b d@8hod in a special RInd in the City Tn8suy to tn used by the DEMON Police DqndaraIt solely for law enforomcnt purposes. ARTICLE H. This Local Agwannt 8hall qlply to currawy, real pmp€rty, personal property and motor veHcles geized for forfeiaae purp08es by the AGENCY efbctive upon date of signature by allparties. Currency, mal property, motor vehicles and personal pn>indy shall be considered faBitedto dIe State once a forfeiture jtdgment has become End, md no Motion Rx Now Trial or Noticeof Appeal has ben takn Payrnarts to the DISTRKYF ATTORNEY shall be made monlhly.Each payment shall in band won the mount of cwrarcy forfeied to the State of Texas in that period; upon dn pm;eeds of ike sale of forfeited real property in that period 8ndth€ fIat Beof THREE HUNDRED AND NO/100 DOLLARS ($300.(X)) for all motor vdhicln forfeited tothe AGENCY in ant period. All costs of cowl proceedings shall be paid by the AGENCY including the cost of dtI% smnlnd and title policies issued. ARTICLE HI. at 591,.81 Agrwmd he 2o£3 In the went of a quid cireurnst811n when the DISTRICt ATFORNEY is mFHmd toexpend signiRalrt time aId eRort in phruritu for a forfeiture case, it will be developd as a jointiavwtiga6on with the AGENCY with the option of an pwart8p 8nDHiOned between parties t8hrg modi6ed ina man commn8unte with the time and eEoIt n®lred by ach of flu Parties and a written Addendum to this Lot>81 Agrwmait will be oxwr@dby tIn parties as it pertains to the padicuhr winn. ARTIaLE IV. This LoaIAgmarart n4nsedesthepdor Agrwmeattwtwwnthe Putin dated Augwt 21,2(X)9. The tam of this Uml A8rwmmt shall be for a period of one (1) ymr &on the date of unation of this agrwmaa This Agreement shall 8utomaBcally benrwwed oa a yearly basis8ftm the initial one (D ynr taIIa. This Agnunerd may tnterminaed by eittnr party won thirty (30) days prior written notice thwof to the other of it8 intention to ©nnimte lynn the date spwi6ed in such notiw. Any pandhg BIBawe under this Agreement Sled prior to the teaninatiar date, hOwevB, shall not be a#ected by wh nation. ARTICIX V. Any notice, paylnnt, statearenf, or cbruurd required or permitted to be giva1 huormd@ by either party to the ottnrnuy tn aeected by pmgonal deHvay in wtitiru or by mail, postagepnp8id. Mailed noticw dull be addressed to the parties at the addIesws appearing tnlow, but emIl party may change its address tywitM notice in ®cordaxz with this nation. Mailed notioH graII tn cleaned mrmunicated as of three day8 after mailing. If int8aded hr the AGENCY: DENrON Police Ibputmeat 601 E. Hickory S Red, Suite E Denton, TX 76205 Ifiatonded for the DISTRICT ATFORNEY: Denton County Criminal District AttDmeyP.O. Box 2850 Denton, Twas 76202 SIGNED onthbtin 19th day of April J 2022 MAL D]a ON CO‘IDsunohnson Criminal Di Att Dental Couatj ©®bRNEY DEMON POLICE DEPARTMENr aOzalmaiii; crrY Q e AnH&P, n4ZWaRFrARYBIW OF DENTON, TEXASB j 11HeCb591xxial A8rHmod APPROVED AS TO LEGAL FORM: MACK REWWAND, crrY ATroRNE [nlmHEMENT HASH!=]BOTH REVIEWED AND APPROVEDas to financial and operationalobliaatlonsFusiness termsBFMlh‘Mt@Glut I L Ii?>U bi TentDate SIgned Z07_Z Ch. 59 Local Agreement Page 4 of3