20-R-111 Interlocal Agreement with the Comal County District AttorneyRESOLUTION NO. 20 -R -111
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 71' Legislature enacted Chapter 59 of the Texas Code of Criminal
Procedure for the purpose of regulating the disposition of property seized by law enforcement
officers and forfeited contraband; and
WHERAS, the Schertz Police Department and the Prosecuting Attorney for Comal
County desire to enter into an INTERLOCAL AGREEMENT regarding the disposition of said
forfeited contraband and/or the proceeds therefrom; and
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter an interlocal agreement with the Comal County District Attorney; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into an interlocal agreement with the Comal County District Attorney;
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 enter into the
interlocal agreement attached in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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 required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
Passed and approved this 22nd day of September 2020.
CITY OF SCHERTZ, TEXAS
- Z �
Mijr,&36 Gutierrez
ATTEST:
City Secretary, Brenda Dennis
CITY MANAGEMENT
Coordination Sheet
FROM: M. Hansen
Police Department
DATE:
Sep 14,
NAME i INITIALS I DATE
Mr. Charles Kelm
Assistant City Manager
Mr. Brian James
Assistant City Manager
Ms. Sarah Gonzalez
Assistant to the City Manager
x Dr. Mark Browne
City Manager
Annual Chapter 59 Asset Forfeiture agreement
COMMENTS: with Comal County District Attorney's Office.
Agreement appears to be identical to previous
versions.
RETURN TO:
M. Hansen Police Department
CITY OF SCHERTZ
CONTRACT APPROVAL FORM
A. To be completed by Department
1. Contract with: Comal County District Attorney Contract amount: $
2. Contract for. Chapter 59 Asset Forfeiture Agreement
3. Fund/Account to be charged: Dept.
4. Contract category and amount in the budget: ❑ yes ❑ no — budget adjustment required
Budget Amendment Ord/Res Number: Date:
5. Contract required to be bid: ❑ yes Q no (If unsure, contact Purchasing.)
Bidding completed: ❑ yes a� NA (bidding not required)
Bidding exemption: (if bidding is not required state reason):
6. Contract termination date: P NA
7. Terms of contract reviewed and approved by Department Head: yes
8. Is Asst. City Manager aware of contract? Cl yes
9. If going to Council, is City Manager aware of contract? ❑ yes NA
10. Department Head's signature: _ Date: 4-14 -2020
B. To be completed by Purchasing and Asset Management
1. FINANCE
a. Contract amount in the budget: ❑ yes ❑ no —budget adjustment required
b. Fund/Account to be charged:
c. Finance Director's signature: Date:
2. LEGAL
a. Contract reviewed and approved by City Attorney ❑ not requested ❑ yes (attach email approval)
b. Date Reviewed and Approved by City Attorney
3. PURCHASING
a. Vendor aggregate POs <$50K for budget period ❑ yes ❑ no
b. Contract reviewed for insurance, warranty, term, severability and indemnity requirements: ❑ yes
c. Contract properly bid in accordance with City Purchasing Policy ❑ yes ❑ NA
d. Vendor signature obtained ❑ yes ❑ no (other party requires signature by City first)
e. Purchasing and Asset Management Signature: Date:
4. COUNCII. APPROVAL REQUIRED? ❑ yes ❑ no ❑ NA (Required over $50,000)
a. Date of City Council approval: _ _ Res/Ord #: ❑ Attached
b. If not approved by City Council, state reason: _
C. To be completed by Asst City Manager:
1. Final contract reviewed and recommend City Manager signature: ❑ yes ❑ no
2. Asst. City Manager's Signature: Date:
D. To be completed by Assistant to the City Manager
1. Assistant reviews and obtains CM signature Assistant Signature:
2. Signed contract is given to Purchasing &. Asset Management.
E. To be completed by Purchasing and Asset Management
1. Date fully- executed contract received by Purchasing:
2. Date filed to Laserfrche: Filed as:
Revised April 24, 2019
Sammy M. McCrary
Chief Felony Prosecutor
Jacqueline H. Doyer
Chief Misdemeanor
Prosecutor
Jessica L. Frazier
Chief Civil Prosecutor
Schertz Police Department
Attn: Chief Michael R. Hansen
1400 Schertz Parkway, Bldg #6
Schertz, Texas 78154
Via U.S. Regular Mail
JENNIFER THARP
Comal County Criminal District Attorney
August 19, 2020
Re: Interlocal Agreement for Chapter 59 Asset Forfeitures
Dear Chief Hansen,
Assistant District Attorneys
Alli Assiter
Allison Buess
Lauren B. Cole
Jessica Devaney
Daniel Floyd
Shelby Griffin
Amanda Hood
Henna Le Vasseur
Kelsey Marsh
Evan Myers
Christopher J. Powell
Joshua Presley
Tillman Roots
Kaitlyn Traeger
Holly Weatherford
Ashley Yarbrough
Comal County Criminal District Attorney's Office is grateful for Schertz Police Department's
cooperation and teamwork in helping our office successfully prosecute asset forfeiture cases. The funds
and equipment acquired from these cases help both of our agencies to better serve Comal County's citizens
and victims.
Please find enclosed an Interlocal Agreement for Chapter 59 Asset Forfeitures. Please sign in
duplicate and return one original interlocal agreement:
Criminal District Attorney's Office
Juliana A. Martinez, Chief Civil Legal Assistant
199 Main Plaza, Ste. 2007
New Braunfels, Texas 78130
If you should have any questions, contact me at (830) 221 -1302.
Sincerely,
Je -.4i. a I . f razier
CI i i4° 1 C .,il Prosecutor
Enclosure
199 Main Plaza, Suite 2007, New Braunfels, Texas 78130 -5161 Tel: (830) 221 -1300 Fax: (830) 608 -2008
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT is made and entered into by and between the SCHERTZ
POLICE DEPARTMENT (hereinafter "Law Enforcement Agency "), a Law Enforcement
Agency headquartered in Guadalupe County, Texas, that conducts operations in Coma/
County, and the office of the Criminal District Attomev for Comal County (hereinafter
"Prosecuting Attorney').
Pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure, as
enacted by the 71St Legislature, First Called Session, 1989, and subsequent amendments
thereto, regulating the disposition of property seized by law enforcement officers and forfeited
contraband. Law Enforcement Agency and the Prosecuting Attorney desire to enter into a
INTERLOCAL AGREEMENT regarding the disposition of said forfeited contraband and /or the
proceeds therefrom.
This INTERLOCAL AGREEMENT is entered into by and between the respective parties
hereto and is predicated upon the mutual consideration of the equitable sharing of the value
of the contraband and the contraband itself, seized pursuant to the appropriate state statutes.
Accordingly, inasmuch as said statutes require that a INTERLOCAL AGREEMENT exist
between the Prosecuting Attorney and any Law Enforcement Agency in order to share
property and /or the proceeds of property seized by the Law Enforcement Agency, it is the
intention of Law Enforcement Agency and the Prosecuting Attorney to hereby enter into a
INTERLOCAL AGREEMENT regarding the disposition of property seized by said Law
Enforcement Agency.
In consideration for the services of the Prosecuting Attorney rendered to and on behalf of
Law Enforcement Agency in pursuit of the forfeiture of seized contraband, Law Enforcement
Agency agrees that upon the forfeiture of seized currency ( "Forfeited Currency ") or upon the
forfeiture and sale /or of other seized property, real or personal, the following proceed sharing
formulas shall apply:
1. Pre -Trial Disposition for Personal Property: Twenty -five percent (25 %) of any Forfeited
Currency or proceeds from sold Personal 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 -five
percent (75 %) of any Forfeited Currency or proceeds of sold Personal Property for
official law enforcement purposes as permitted by law. This formula applies to default
judgments, summary judgments, settlements or any other pre -trial dispositions.
2 Trial_ Disposition for Personal Property: Thirty percent (30 %) of any Forfeited Currency
or proceeds of sold Personal 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 Forfeited
Currency or proceeds of sold Personal 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.
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3. Pre -Trial Disposition of Real Property: 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 -losition of Real Pro_ G: =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 solely retained by the Prosecuting Attorney to be used for
the official purposes of the office.
6. 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 that 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
enforcement 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 11 day of January,
2020. 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
forfeiture proceeding has been commenced prior to the termination date of the INTERLOCAL
AGREEMENT or the notification with regard thereto, said forfeiture shall not be affected by
the termination of the INTERLOCAL AGREEMENT or the notification of intended termination.
This INTERLOCAL AGREEMENT revokes and supersedes any prior agreement between the
parties.
Page 2 of 3
It is the specific intention of the parties that this INTERLOCAL AGREEMENT shall apply to all
things finally forfeited to the State pursuant to Chapter 59 of the Texas Code of Criminal
Procedure from and after the effective date of this INTERLOCAL 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. Forfeiture
proceedings pending on the effective date of this INTERLOCAL AGREEMENT may be
covered by this INTERLOCAL AGREEMENT if the parties agree to such in writing with
regard to each such pending case.
If lawful money of the United States is seized as contraband pursuant to the provisions of
Chapter 59 of the Texas Code of Criminal Procedure and falls under the terms of this
INTERLOCAL AGREEMENT, the Prosecuting Attorney may deposit funds in an interest -
bearing account in the Comal County Treasury to be maintained until final disposition of said
funds. All disbursement of forfeited funds held in such accounts shall include any interest
that has accrued except as otherwise provided herein. Disbursement of funds shall be made
when a final judgment has been properly executed, a certified copy of such judgment has
been duly served upon each party, and all reasonable costs associated with the maintenance
of said funds have deducted therefrom.
For the Office of the Prosecuting Attorney:
Jennifer k. Tharp, Criminal District Attorney
Date: J z Li 4
City of Schertz:
City Manager,
Printed Name:
Date:
Schertz Police Depa: t rent:
Printed Name:,/', / ✓•vim �.�f�%J
Date: 1 —
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