13-R-15 Interlocal Agreement with Comal County District AttorneyRESOLUTION NO, 13-R-IS
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE COMAL COUNTY DISTRICT ATTORNEY, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an interlocal agreement with the Comal County District Attorney relating to the
disposition of forfeited property; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
eantract with the Comal County District Attorney pursuant to the Interlocal Agreement attached
hereto as Exhibit A (the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Comal County District Attorney in substantially the form set
forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof az•e hereby found to be true,
and such recitals are hereby made a paz•t of this Resolution for all puzposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the mattez•s resolved herein.
Section ~. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section S. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as zecluired by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in farce and effect from and after its final
passage, and it is so resolved.
_._ ~ y-t
^
~v Y _
_ y
i~.l[-s o- r~'~ t~
$~ ~ .~
EXHIBIT A
INTERLOCAL AGREEMENT
so~os~ ~ ~. - A-1
~ `'~-w _ r - - - _ ~ _.~ as
Kf _.. _l _ _ , __-_ _ .a ~.. ,.. ..
.~. .-
. ~. ~ ~ _ ~`
3. Pre-Trial Dis osition of Real Pro ert :Thirty percent (30%} of any proceeds from sold
Real Property shall be retained by the Prosecuting Attorney to be used for any
purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement
Agency shall retain the remaining seventy percent {70%) of any proceeds from sold
Real Property for official law enforcement purposes as permitted by law. This formula
applies to default judgment, summary judgments, settlements or any other pre-trial
dispositions.
4. Trial Dis osition of Real Pro ert :Forty percent {40%) of any proceeds from sold Real
Property shall be retained by the Prosecuting Attorney to be used for any purpose
permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency
shall retain the remaining sixty percent (60%) of any proceeds from sold Real Property
for official law enforcement purposes as permitted by law. This formula shall apply to
bench or jury trial dispositions which include settlements or judgments in favor of the
State occurring after a case is set for trial.
5. It is specifically agreed by the parties that Forfeited Currency in amounts of less than
or equal to $500.00 may be safely retained by the Prosecuting Attorney to be used for
the official purposes of the office.
S. In regards to the seizure of contraband such as vehicles and other conveyances that
may be of use to Law Enforcement Agency or the Prosecuting Attorney in the conduct
of official business, the parties hereto shall agree in writing to allocate such property in
a manner tha# best serves the operational interests of both parties.
7. Law Enforcement Agency shall be responsible for paying any fees associated with
maintaining, towing, and storing any seized property, real or personal.
It is further specifically agreed by the parties that should special circumstances in an
individual case dictate that the proceeds of the forfeited contraband be shared with other law
enfarcement agencies or that the award to the Prosecuting Attorney be in a proportion other
than that set out in this INTERLOCAL AGREEMENT, the parties may consent in writing to a
different allocation of the proceeds in that case. In the absence of a specific agreement in
writing with regard to a particular case, all distribution of seized property, or the proceeds
there from, shall be in accordance with this INTERLOCAL AGREEMENT.
This INTERLOCAL AGREEMENT shall be in effect from and after the 1ST day of January,
20'13, or the date of its execution by both parties, whichever is later in time. It is the specific
intention of the parties that this INTERLOCAL AGREEMENT shall automatically be renewed
on a yearly basis unless either party shall notify the other within thirty {30) days prior to the
date of expiration that it intends not to renew the INTERLOCAL AGREEMENT. Either party
may terminate this INTERLOCAL AGREEMENT at any time, and for any reason or for no
reason, by giving written notice of the specific termination date at least thirty (30}days and no
more than sixty (60) days prior to that date. In the event a farfeiture proceeding has been
commenced prior to the termination date of the INTERLOCAL AGREEMENT or the
no#ificatian with regard thereto, said forfeiture shall not be affected by the termination of the
INTERLOCAL AGREEMENT ar the notification of intended termination. Thls INTERLOCAL
AGREEMENT revokes and supersedes any prior agreement between the parties.
Page 2 of 3