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22-79322-793ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENtON AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, BY ANDTHROUGH ITS POLICE DEPARTMENT, AND THE DALLAS COUNTY DISTRICTATtORNEY, FOR THE DISPOSITION OF CONTRABAND SEIZED AND FORFEITEDUNDER CHAPTER 59, TEXAS CODE OF CRIME(AL PROCEDURE; AND PROVIDngG ANEFFECTIVE DATE. WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure, entitled “Forfeiture of Contraband” provides for the forfeiture to the State of Texas of property determined to be “contraband” as defined therein; and WHEREAS, Article 59.06 of Chapter 59 of the Texas Code Criminal Procedure authorizes “local agreements” between the attorney representing the state and law enforcement agencies to aaect the disposition of forfeited contraband; and WHEREAS, the Dallas County District Attorney represents the State of Texas in forfeiture proceedings involving contraband seized pursuant to Chapter 59 of the Texas Code of Criminal Procedure;and WHEREAS, the City of Denton, by and through its Police Department, and the Dallas County District Attorney desire to enter into an “intedocal agreement” regarding the disposition of contraband seized and forfeited under Chapter 59 of the Texas Code of Criminal Procedure; and WHEREAS, Article 59.06 of Chapter 59 of the Texas Code of Criminal Procedure authorizes the City of Denton Police Deparuuent as the law enforcement agency and the Dallas County District Attorney as the attorney representing the State of Texas to execute this Agreement; and WHEREAS, the terms of this Agreement shall apply only to those cases where contraband is finally forfeited, and the cases are closed by the Dallas County District Attorney on or after the Effective Date of this Agreement; and; WHEREAS, the City Council finds that this Agreement serves a valid public purpose andis in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAnqs: SECTION 1. The fIndings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2: The City Manager is hereby authorized to execute the Agreement between the City of Denton, by and through the Denton Police Department, and the Dallas County District Attorney in the form of Exhibit “A“ attached hereto. SECTION 3. This Ordinance shall tn cumulative of all provisions of ordinances of the City of Denton, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinulces, in wlach event the conflicting provisions of such ordinances are hereby repealed. SECTION 4: This Ordinance is effective immediately on the day of its passage. The motion to approve Ws Ordinance was made by .'JesSC lab andseconded by Br CaNt &dC , the Ordinanc> d bythe following vote LZ -a]:Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2:Jesse Davis. District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ,/ t/ // L/ y/F PASSED AND APPROVED this the \q-th day of N ATTEST: ROSA RIOS, CITY SECRETARY \\\\\III IIIIfaBY: .vga, APPROVED AS TO LEGAL FORM:MACK RERqWAND, CITY ATTORNEY Page 2 EXHIBIT 11 A" STATE OF TEXAS S 5 S LOCAL AGREEMEVr FOR THE DISPOsrrIQN OF FORFEITED CONTRABAND PURSUAvr TO CHAPTER COUNTY OF DALLAS 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE Ttys Loal Agreement (-Ayroemenf) is made by and between the Dallas County CrimInal DistrictAttom8y’s Office (-DbtdctAttomey'’) and the CIty of Denton, Texas, a municipal oorporatk>n, by andthrough Its Police Department (-DENTON PtY), pursuant to Chapter 59 of the Texas Ccxie ofCHminal Prowdue. The Dis8i<:t Attorney or the DENTON PD may hereInafter be nfened toindMdualty as 8 -Party-, or ctilectively, the -Parties'. REcrrALs: WHEREAS, Chapter 59 of the Texas Code of CrimInal Procedure, entitled -Forfeiture ofContraband- provides for the forfeIture to the State of Texas of property determined to be-contraband- as defined ttnnin; and WHEREAS, Article 59.06 of Chapter 59 of the Texas Code Criminal Procedure (-TCCP-)authorkeslocal agreements- b8tween the attorney npr8senting the state and law enforcement agencies to affect the disposition of forfeIted contraband; and WHEREAS, the DlstHctAttcxney represents the State of Texas in forfeiture prtx,eedings invoMngcontraband seized pursuant to Chapter 59 of tIn Texas Code ofCdminal Pnc:edurB; and WHEREAS, the DENTON PD and District Attorney desire to enter into an -int8rk>ml agreement- reganllng the disposition of contraband seized and forfeited under ChaptBr 5g of the Texas Code ofCrimInal P©oedure; and WHEREAS, Article 59.06 of Chapter 59 of the Texas Code of Cdminal PHx;edure has authorizedthe DENTON PD as the law enforcement agency and the DIstrict Attorney as the aUDmeynpnsenMg the state to execute thIs Agreemene and WHEREAS, the terms of this Agreement shall apply only to those case when con&aband i$finalyforfeited, and the cases are closed by the District Attorney on or after the Effective Date of thisAgreement and NOW, THEREFORE, The DENTON PD and the District Attorney, in mutual consideration of theterms and conditions herein contained, hereby agree as follows: SECTION 1: TERMrrERMiHATION The Term of this Agreement is for a period commencing on the Effective Date as defined herein andending on December 31, 2024 unless terminated earlier under any provIsion hereof(Tarm-). Afterthe InItial term, this Agreement may be renewed annually with the written consent of all Parties andsuch renewals shall tn in accordance with the terms of thIs Agreement unless amended. ThisAgreement may be terminated by eIther Party upon thlny (3D) days prbr wrItten noUn thereof to theother of its Intent}on to termInate upon the date specified in such notk;e. Any pending forfeltures Chapter 59 Local Agreement Page 1 of 8 under this Agreement fibd prior tI> the tBtmination date, tnwever, shall not be affected by suchnotiaes. SEGrION 2: CHAPIER 5g PROCEEDS DlsTRIBLrrloN A in eornkleratlon for the services provided by the DENTON PD and DistHcRAbrneyassedated with the forfdtunofmltmband , the DENTON PD and the DistdcXAMmey8gne b thefollowIng obligations and disposItion of ptoceeds from wntraband R>rfetted under Chapbr 5g of tInTexas Code of Criminal Procedure: (1)Currenw The DENTON PD will meetve sixty.five percent (65%) and tIn DisbkXAttorney will receive thIrtyfIve (35%) perwnt of the value all Normal Currenw or CurnnqEquIvalent as defined tnrein that is seized 8rxl forfeIted under Chapter 59, TCCP; (2) Real Property: The DENTON PD will receIve sbcty-five percent (65%) and the DIstrict Attorney will receIve thirty-ftv8 (35%) pennnt af the value of all Real Property as definedherein that is seized and R>rfBfted under Chapter 59. TCCP; (3) Motor Vehicles: Regardless of whether a Motor Vehicle is auctioned or kept bythe DENTON PD, the DistHct Attorney Ml receive Seven Hundred and FIfty Dollars and Zero Cents($750.00) for each Motor Vehicle as defined herBin that is saized and forfeited under Chapter 59,TCCP (4) CollectIbles: The DENTON PD will rooeive sixty4ve percent (65%) and theDlgdctAtmrny will receIve thIrty-five (35%) percent of the value of aR Ccilec#bbs as defined hereinthat is seized and forfeited under Chapter 59, TCCP; (5) Personal Property Ttre DistrictAttomey will naive Fifty Dollars and Zero Cents($50.00) for each Item of the Personal Property as defined herein that is seized and forfeIted underChapter 59, TCCP; (6) FIrearms and ammunItIon: The DENTON PD will be responsible for theownership and disposition of all firearms, ammunitIon, and assocIated acasse des and equipmentthat is seIzed and forfeited under Chapter 59, TCCP. The District Attorney wU naive nopercentage of any sales of firearms, ammunItion, and associated awessdries and equipment; (7) Precious Metals, end Gem 9tones: The DENTON PD will re@iva sixty-fivepercent (65%) and the DistHct Attorney will re@Ive thlrtyJive (35%) perant of the value of allPredous Metals, and Gemstones as defined hereIn that is seized and forfeIted under Chapter 59,TCCP; and (8) Mis aIIa@ws Items: The DENTON PD will naIve sixty.five percent (65%) andthe Distdct Attorney wH receIve thbty+Ive (35%) pernnt of the value of all Misaellaneous Items asdefined herein that is seized and forfeited under Chapter 59, TCCP. B. The proaeeds from the sale of all oonUaband forfeIted under Chapter 59 of the Code of Criminal Procedure (including Normal CunuxV and CurnnqEqul%brIt) shall be received tV theDENTON PD and deposk9dwtth the DENTON PD's treasury. The DENTON PD will then barBbr to the DlgnctAMmey all money and pro weds of forfeited contraband in accadan@ wIth Section 2 A(1 )-(8) above. Payments to Dlstdct Attorney shall be made in awonlance with Section 2 and 3 of thisAgreement. Chaptu 59 Local Agreement Page 2 of 8 C. In 8mrdan@ with Article 59.06{cX1), TCCP, all money and prmeds from the saleof contraband rwived by the District Attorney shall be deposttBd in a special fund in the Cwntytreasury for the benefit of the office of the Disbict Attorney to tn used by the DistdctAttomey solelyfor the official puQou$ of the office. D. In ac®rdance wIth ARia 59.CB (cX2), TCCP, all money and pme8ds fh>m the saleof contraband received by the DENTON PD shall tn deposited in a spedal fund b be used by theDENTON PD solely for law enforwrrent purposes. E. All auctions or sales shall be aonducted in aomnlanoe with tIn poIIcies andprIx:eduns of the DENTON PD, Chapter 59 of the TCCP, and all 8ppllabl8 Federal and TexasState laws. F. o mr W. Norrnal Currency underthisAgnement inducksbutbrnt limited to thefollowing: NegotIable Instruments. paper money, and coIn money that is worth no more than theirface value (-Normal Currency-). The value ofNomnl CurrencY arxiotherne®tiab+eMuments willbe based on their f80e value on the date immediately folk)wIng thIrty (30) dap after a final Judgmenthas been sIgned so long as a Motion for New THaI or a Notice of Appeal has not hen filed. G. CurTencw EquIvalent Value. Currency equivalent under thb Agreement includes but is notlimited to the following: Negotiable instruments worth nton than their face value, gift aIds,aypbcurrencv, stocks, and bonds, and other negotiable instruments. TIle value of Cullen cvequivalents will be based on the market value on the date hnmedi8teVfDlwing thIrty (30) dap aftera final judgment has b8en signed so long as a MotIon for New Trbl ora Noti08 of Appeal has notbeen filed H, Collectibles V81ue. Collectibles under thIs Agreement indudes but b not Imttedto#nfolbwiig:Paper money, coin money, and stamps that are worth more than their face value, sports cards,antiques, and jewelry. The value of Collectibles will be based on the market value on the date immediately following thIrty (30) days after a final judgment has been sIgned so long as a MotIon forNew THaI or a Notice of Appeal has not been filed. I. R881 Property Value. The value of Real Property will be based on the net proaeds (after deduction of auction expenses) hun the sale of Real Property following thirty (30) days after a finaljudgment has been signed so long as a Motion for New THaI or a No Ioe of Appeal has not beenfiled J. Motor VehIcle. Motor Vehicle under this Agreement includes but is not limited to the following:Cars, trucks, all'terrain vehIcles, boats, scooters, moped s, tractors, jet skis, trailers. mobile homes,recreational vehIcles (RV), amr>ers, and mototeycles. K. Personal Property. Personal Property under this Agreement Includes but is not limIted to thefollowing: televIsIons, monitors, computers, drones, cellular phones, ck>thu, tools, and other itemsnot defined in Section 2 F, G. H, I, J, L, or M. L. PrecIous Metals, end Gem$tones Value. Pneious Metals and Gemstones under this Agreement Includes but is not limIted to the following: gold, silver, platinum. and precious orsemip©clous stones. The value of Precious Metals and Gemstones will be based on the market value on the date Immediately followIng thirty (30) days after a fInal judgment has ben signed so Chapter 59 Incal Agreement Page 3 of 8 long as a MotIon for New Trial or a NoBoe of Amal has not been filed. M. a W. Mi$nllaneous ltBms under thIs Agneaent includes tterrs that are Personal Prtwrtyasdeftrnd under thb&lrwamltarxlttut have 8 market vaIn our Fhn HundredtX>IIars Wa.DO). The value ofMi8ceBanews itams wII be bend on the market value on the dateImmedMyk>lkbMng thIrty (30) days aftn8finaIJudgnnnt hag been signed so long as a Mo&in br New Trial or a Notinof Appeal has not been filed. SECTION 3: PAYMEMr TERMS AND OBLIGATIONS A TIll s Agreement shall apply to cases in which the oonVaband is finally forfeited arxlthe uses are closed by the Dbtnct Attorney on or after the EBectIve Date as defIned herein. Contraband is to be oonsidem;I finally forfeIted onae a forfeiture Judgment has become fM, and rnMotion fa New Trial or Notiae of Appeal has ben filed. Payments to ttn DbtHctAttonrey shaH bemade no later than sixty (60) daW after noelpt of the final Judgment (-Payment Due Date'). TtnDENTON PD wIll also pay the DistdctARomey Interest eamedfrun the date ofseiare until the dateof payment on the DistrkX Attorney’s portIon of the forfeited oontraband proweds. All costsofmurtproceedings and related IItigation OWenses shall be paid by the DENTON PD. All eosts of title searches and title policiu shall be paN by the DENTON PD when the forfeiture of Real Property b involved. All expenses related to the appraisal or %IuaBon of any contraband shall be paid by ttnDENTON PD B. If payment is not made by the.DENTON PD by the Payment Due Date, then theDENTON PD shall pay to the District Attorney forty perwnt (40%) of the value of the NonnalCurrencV, Currency equIvalent. Real Property, Collectibles, Predous Metals and Gemstones, or MisoeHaneous items forfeited pursuant to the fitul judgment (-Revised Dbtdbution-) and all interutearned on the RevIsed Dl$tHbutlon from the date of seizure until the data of payment C. If payment is not made by the DENTON PD by the Payment Due Date for PersonalProperty, then the DENTON PD shall pay to the DistHctAttomey Seventy-FIve Dollar and No Cents($75.00) for each item of Personal Pnperty forfeited pursuant to the fInal judgment and all interestearned on Seventy-Five Dollars and No Cents ($75.00) from the date of seizure until the date of payment. D. If payment is not made by the DENTON PD by the Payment Due Date for MotorVehicles. then the DENTON PD shall pay to the DistHcxAtmney One Tbousand One Hundred andTwenty-FIve Dollars and No Cents ($1 ,125.00) for each Motor Vehicle forfeited pursuant to the finalJudgnnnt and all Internt earned on One Thousand One Hundred and Twenty-Five Dollars and NoCents ( SI,125.00) from the date of winn until the date of payment. E. The DENTON PD shall require its ofBars to cooperate with the District Attorney,including but not limited to, beIng available to testIfy at hearings and tHaI, providing offense rep<xtsto the DistrIct Attrxney upon request, and providing any and all additional evidenm that may benecessary for any and all forfeiture uses and proooedings. F. This A9nement shall not be construed to Impose a duty on the DistHctAttonrey to meor institute forfeIture proceedings in any partIcular use or instance. SECTION 4: ADDENDUMS Chaptu 59 Local Agrnrnent Page 4 of 8 In the event that the Diskict AUomeycktermine$ in its soledl$ar8tion that signIficant time and effortis necessary forprbseiarn planning of a seizure and/or arrest, the case will be dw9Wl ase JoIntinvestigatIon wIth the percentage apportioned between P8rti8s wmnensur8t8 wIth the time atvI effort required by each and an adderxlum to this Agreement will be exealted by the Parties as itpertaIns to the particular seizure and/or arrest SECTION 5: LIABILrrY b•lee8BBBbus co 8 ld,actsol©6} Ir CO If USO';;FsMv J;Ue NothIng in thIs sectIon 9hall be construed to create or grant any rIghts, conUHctual orQttlerWl$e, in or to onv thIrd Persons or entItles. All PartIes aqme that any such IIabIIIty“ordamages occunlnq durIng the performance of thIs Agreement caused by the lolnt orQQmPara fIve n9qllqenoe of the Parties, or their empjoyees, agents or offIcers, shall bedetermIned in accordanr# wIth eortwntive responsIbIIIty laws of Texas. ThIs Section shallsurvIve terljllnBtlor) Of thi$ Aqrearvpnt SECTION 6: NOTICE Any notice or wrttfication required or permItted to be delivered under this Agreement shall bedeemed to have been given when personally delivered, or if maIled, seventy'two (72) hours after deposit of the same in the United States MaII, postage prepaid, certified, or @gistend, return IBoeiptrequested. properly addressed to the oontact person shown at the respective addresses set forth below, or at such other addresses as shall be specified by written notice delivered in aooordanoeherewith: If Intended for DIstrict Attorney: Dallas County District Attorney’s OfficeFrank Crowley Courts Buitding133 North Riverfront Blvd.. LB-19 Dallas. Texas 75207ATTN: Administrative Attorney District Attorney – CMI DivisIon Adminlsba Bva BuIlding500 Elm Street. Suite 6300Dallas, Texas 75202ATTN: Forfeiture Attorney If Intended for the DEmON PD, to: Denton Polioe Chief 601 E. Hickory Street Suite FDenton. TX 76205 SECTION 7: MISCELLANEOUS PROVISIONS Chapter 59 Local Agreement Page 5 of 8 A ENTIRE AGREEMENT AND AMENDMEMT. This Agreement. induding any Extlblts 8tHAttachments, wr8dtutes the entire agnemwR tntween tIn Parties and supersedes any ottnragnemmts nnaming tIn sutject maHer of this transaction, wtt8ther oral or written. ThIs Agnwnent and the rwpec,tive rights and oWtkins of the P8rti® hereto shall Inure to the benefItamI be bindIng upon the swoessors and assIgns of the Parties tnr8tr>, as well as the Partiesthem$etvw. No modHloa8on, amendmenl nowtIon, renewal or other 8K6ratbn af thIs Agreementshall be efbcittve urioss mutually agreed upon in wrt6ng and exewted by the PartIes. Any alterations, additions, ordeletiors to the terms ofthb Agnement sdrich are required by changes infederal or state l8worngulaHons are autom8tMy Inc,ocjDnted Into this Aynement wtthoutwrttlenamendment hereto and shall bewne effectIve on the date desIgnated by such law or regulation. B. COUVfERPARTS, NUMBER/GENDER AND HEADINGS. TNs Agreement may be executed in multlpk counterparts, each of whIch shall be deemed an odglnal, but all of which shallwnsHtute one and the game In$trurnent Words of any gender used in thIs Agnement shall be held and ntsbtIed to include any other gender. Any words in the sIngular shall include the plural andvice versa, unless the context clearty nquirw otherwise. Headings are for the convenien® ofreference only and shall not be oonsldered in any Interpntatlon of thIs Agreement. C. SEVERABILITY. H any provision of thIs Agreement is construed to be Illegal, Invalid, void orunenforc9able, this construction will not a feat the legality or validity of any of the remaIning provisions. The unenforceable or illegal provision will be deemed stricken and deleted, but theremaining provisions shall not be affected orlrnpalred, and such remaining provisIons shall remainin full force and effect. D. DEFAULT/CUMULATIVE RIGHTS/MITIGATION. It is not a waiver of default if the non- defaulting Party fails to immediately declare a default or delaYS in taking anY actIon. Waiver of anYterm1 cov-enan( condidon or violation of thIs Agnern8nt shall not be deemed or construed a waiverunless made in authorized written instrument, nor shall such waiver be deenled or aonstrued awaIver of any other violation or breach of any of the terms, provisbns. and covenants hereIncontaIned. The righB and remedIes prov+ded by this Agr8ement are cumulative, and eIther Party’s use of any right or remedy will not preclude or waIve its right to any other remedy. Pursuit of anyremedy proviaod in this A6r9ement shall not preclude pursuIt of any other remediu hereIn waded or any-other remedies provided by law or equIty, Including injunctive relief, nor shall pursuit of anyremedy hereIn providid consOtufe a forfeiture or waiver of any obligation of the defaulting WRyhereurider or of any damages accIuing by reason of the violation of any of tIn terms, provisions. andcovenants herein contained. IIn so rights and remedies are in addition to any other rights the PaNes may have by law, statute, ordinance or otheNH se. The DENTON PD has a duty to mitIgatedamages. E. SOVEREIGN IMMUNnY. ThIs Agnennnt is expressly made subject to the PartIes’Governmenhl ImmunIty, IncludIng, wIthout IImItation, TItle 5 of the Texas CIvII Pr8edee andRemedies Code and all appIIcable State and f8denl laws. The PartIes expnssly agree thatno provisIon of thIs ®nement is in any way Intended to oonstttrrte a waIver of anytmniunttie s from suIt or Rom IIabIlity, or a waIver of any tort IImItatIon, that the PartIes have by opet8uon of law, or08lerwl9e. NothIng in thIs Agreement is intended to benefIt any thhdperU benefIcIary. F. COMPLWICE WITH LAWS AND VENUE. In mrrying out the obligations required by thisAgreemenl tre DENTON PD must observe and cornpty with all liwnses, legal certifications, or Chapter 59 Local Agreement Page 6 of 8 inspections required for tIn services. facilitks, equipment. or materials, and all applicable fn:leral, State, and local statutes. ordinances, IUles, arxl regulations. Texas law shall govern this Agreementand venue shall lie exclusively in State and Federal Court physically located in Dallas County,Texas G. RELATIONSHIP OF PARTIES. Each Party is an independent contractor and Do an agent, servant, joint enterpdser, joInt venturer or employee of the other Party. H. CONTRA PROFERENTUM. The doCRane of contra proferentum shall not apply to this Agreement. If an ambiguity exists in this Agreement, the Agreement shall not be oonstrued agairntthe party who drafted the Agreement and such party shall not be responsible for the language used. I. ASSIGNMENT. Neither Party may transfer or assign its interest in this Agreement without prior written consent of the non-assigning Party. J. CONTINUING OBUGATIONS. All obligations of this Agreement which expressly or by theirnature survive the expiration, termination or transfer of this Agreement shall continue in full faroeand effect after and notwithstanding Its expiration. termination or transfer until such are satisfied in full or by their nature expire. K. SIGNATORY WARRANTY. The DENTON PD and the District Attorney represent that eachhas the full right. power and authority to enter and perform this Agreement in accord8nc6 with all ofthe terms and conditions herein, and that the execution and delivery of this Agreement is made by authorized npr8sentativas of the parties to validly and legally bind the parties to all terms,performances and provisions set forth in this Agreement. EXECUTED THIS _ 19th DAY OF April 2022. (“EffectIve Date’') DISTRICT ATrORNEY:CITY OF DENTON/DENTON PD: B'imr;uzot Cl II District Attorney a/dBY:M+iiceFI A kTsTy. iM APPROVED AS TO FORM+: RUSSELL RODENCHIEF. CIVil DIVISION CITY OF DENTON/DENTON PDCITY ATroRNE\’'s OFFICE BY Palornomr nt District Attorney ICt< ti&inwarFdW Attorney •By law. the DistrIct Attorney's Office may only advIse or approve contracts or legal docunlenls on behalf Chapter 59 Local Agreement PagE 7 of 8 of Its cIIents. It may not advIse or approve a oonbacit or legal dowment on tnhalfafotlw partb9. Ch#rwbw CIf this ckx:ument%$®mhcted stiely frorn tIn leed perspectIve clay alleIE Our apprawI of thIsdocwnent was a#ered 8defy br the bor8fa of our dlent Other partIes &houk! not rely on thIs an>royal,ard should seek revbw and approval by theIr wn r%pec6ve aH£xney(g). mdRE-EMk'NSBOTH REVIEWED AND APPROVEDas to financial and operatIonalobligajions'uslness terms Z Q'In iiiFt bhan\c rlnBal LeNtMaTent Date Signed: J=-tO ZL I i I ! i i I ! I ! I I i I I I i I Chqter 59 Local Agnanent Page 8 of 8 i