Loading...
CM-09-05-074INTERLOCAL AGREEMENT BETWEEN CITY OF ROUND ROCK, TEXAS / ROUND ROCK POLICE DEPARTMENT AND TRAVIS COUNTY, TEXAS / PROSECUTING ATTORNEY OF TRAVIS COUNTY, TEXAS RELATING TO EQUITABLE SHARING OF FORFEITED ASSETS THIS INTERLOCAL AGREEMENT is made and entered into effective this day of , 2009, by and between the CITY OF ROUND ROCK, TEXAS / ROUND ROCK POLICE DEPARTMENT (hereinafter referred to as "ROUND ROCK / RRPD"), with headquarters and an operational area in Williamson County, Texas and TRAVIS COUNTY, TEXAS / PROSECUTING ATTORNEY OF TRAVIS COUNTY (hereinafter referred to as "TRAVIS COUNTY / PROSECUTING ATTORNEY"), which parties are both classified as political subdivisions and/or public agencies of the State of Texas. WITNESSETH: WHEREAS, Vernon's Texas Codes Annotated, Government Code, Chapter 791.001 et seq., cited as the Texas Interlocal Cooperation Act, provides that any one or more public agencies may contract with each other for the performance of governmental functions or services for the promotion and protection of the health and welfare of the inhabitants of this State and the mutual benefit of the parties; and WHEREAS, the parties intend this Agreement to conform in all respects with the Texas Interlocal Cooperation Act; and WHEREAS, pursuant to the provisions of Vernon's Annotated Code of Criminal Procedure, Chapter 59, dealing with the disposition of forfeited property and contraband seized by law enforcement officers, ROUND ROCK / RRPD and TRAVIS COUNTY / PROSECUTING ATTORNEY desire to enter into such an agreement regarding the disposition of such forfeited property and contraband; and WHEREAS, the parties intend this Agreement to conform in all respects with the provisions of Vernon's Annotated Code of Criminal Procedure, Chapter 59; and WHEREAS, this Agreement is entered into by and between the named parties and is predicated upon the mutual consideration of the equitable sharing of the value of the forfeited property and contraband and the contraband itself, seized pursuant to appropriate State statutes. Accordingly, inasmuch as said statutes require that an agreement exist between the appropriate agency of the State and law enforcement agencies which seize such property and contraband, and in furtherance of that statutory purpose, it is the intention of the parties to herewith enter into this Agreement with regard to disposition of such forfeited property and contraband; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned parties agree as follows: I. FINDINGS Recitals. The recitals set forth above are incorporated herein for all purposes and are found by the parties to be true and correct. It is further found and determined that ROUND ROCK / RRPD and TRAVIS COUNTY / PROSECUTING ATTORNEY have authorized and approved this Agreement by resolution or order adopted by their respective governing bodies, and that this Agreement shall be in full force and effect when approved by each party. CM -cm -os -o-7`i' II. TERMS 1. It is the specific intent of the parties that this Agreement shall apply to all items forfeited pursuant to Vernon's Annotated Code of Criminal Procedure, Chapter 59, 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. Forfeiture procedures underway on the effective date of this Agreement may be covered by this Agreement, as per the individual agreement of the parties with regard to each such pending case. 2. In consideration of the services rendered for ROUND ROCK / RRPD, associated with and relating to the forfeiture of said property and contraband, rendered to ROUND ROCK / RRPD by TRAVIS COUNTY / PROSECUTING ATTORNEY, said TRAVIS COUNTY / PROSECUTING ATTORNEY agrees that thirty percent (30%) of all money forfeited and thirty percent (30%) of the final sum received from the sale of real estate or other property, not otherwise disposed of by this Agreement, shall be retained by TRAVIS COUNTY / PROSECUTING ATTORNEY to be used for the official purposes of the office of the Prosecuting Attorney of Travis County. The said Prosecuting Attorney agrees that ROUND ROCK / RRPD, specifically the Round Rock Police Department, shall be permitted to retain the remaining seventy percent (70%) of all money forfeited and the remaining seventy percent (70%) of the final sum received from the sale of real estate and other property, pursuant to the recited statutes, for use by the Round Rock Police Department for official law enforcement purposes. 3. It is further expressly agreed to by and between the parties that money forfeited in amounts of less than $2,000.00 may be retained by TRAVIS COUNTY / PROSECUTING ATTORNEY to be used for the official purposes of the office of the Prosecuting Attorney of Travis County. 4. It is further expressly agreed to by and between the parties that any vehicles seized by the Round Rock Police Department that constitute forfeited property or contraband shall be forfeited to and retained by the Round Rock Police Department. During any period of use of such vehicles by the Round Rock Police Department, the parties expressly agree that ROUND ROCK / RRPD shall be responsible for maintenance and ordinary repair of such vehicles. The parties agree that proceeds of sale of such vehicles at public auction or by other lawful means shall be the sole property of ROUND ROCK / RRPD. 5. It is further expressly agreed to by and between the parties that all proceeds from any other forfeited property, except vehicles delineated in Section 4 above, which is sold at public auction or by other lawful means, less any reasonable expenses associated with such sale (such reasonable expenses not exceeding fifty percent of the value of the proceeds) shall be divided as follows: thirty percent (30%) shall be retained by TRAVIS COUNTY / PROSECUTING ATTORNEY to be used for the official purposes of the office of the Prosecuting Attorney of Travis County, with ROUND ROCK / RRPD, specifically the Round Rock Police Department, being permitted to retain the remaining seventy percent (70%) for use by the Round Rock Police Department for official law enforcement purposes. 6. It is further expressly agreed to by and between the parties that, upon final disposition of any matter which is subject to the terms of this Agreement, all remaining forfeited property and contraband may be distributed based upon the participation of each agency involved in the acquisition of said property, including ROUND ROCK / RRPD, TRAVIS COUNTY / PROSECUTING ATTORNEY, and other law enforcement agencies. 7. In the likely and foreseeable event that ROUND ROCK / RRPD and/or TRAVIS COUNTY / PROSECUTING ATTORNEY expend significant amounts of time and effort in either investigative efforts or pretrial and trial efforts, and such efforts are not adequately taken into account in this Agreement, the particular case involved shall be treated as a joint investigation with the distribution of seized assets being apportioned between the parties in a proportion commensurate with the amount of time and effort expended by each. In that event, this Agreement shall be appropriately modified in writing to reflect the particular agreement as such relates to the seized assets at issue. 8. If contraband is seized pursuant to the provisions of Vernon's Annotated Code of Criminal Procedure, Chapter 59, and such seized contraband is lawful money of the United States and falls under the terms of this Agreement, then and in that event TRAVIS COUNTY / PROSECUTING ATTORNEY may deposit such funds in an interest-bearing account in the jurisdiction of TRAVIS COUNTY / PROSECUTING ATTORNEY. However, at the option of TRAVIS COUNTY / PROSECUTING ATTORNEY, TRAVIS COUNTY / PROSECUTING ATTORNEY may request that ROUND ROCK / RRPD deposit such funds in an interest-bearing account in Austin, Travis County, Texas. Such account shall be maintained by ROUND ROCK / RRPD for the purposes delineated herein. All disbursement of forfeited funds shall be made upon final judgment being properly executed and duly served upon all parties by the provision of a certified copy thereof, and after deducting all reasonable costs associated with maintenance of the subject property therefrom. 9. Any notices, payments, statements, demands or other communications required or permitted to be given pursuant to the terms of this Agreement or as a result of this Agreement may be tendered by either party to the other by personal delivery or by depositing same in the United States mail, properly addressed, certified mail/return receipt requested, with postage prepaid. 10. It is further expressly agreed to by and between the parties that, should special circumstances dictate that a different percentage than that set out in this Agreement be awarded to TRAVIS COUNTY / PROSECUTING ATTORNEY, then and in that event this Agreement may be so modified with the express prior written consent of the parties. III. TERM OF AGREEMENT; RENEWAL PROVISIONS This Agreement shall be in effect from and after the 1�'day of the month of May 2009, or the date of its execution by the last signatory party, whichever is later in time. It is the specific intention of the parties that this Agreement shall automatically renew on an annual basis, except in the event that either party shall notify the other in writing within thirty (30) days of the date of expiration of this Agreement that such party does not intend to renew this Agreement. In the event that a forfeiture proceeding has been commenced prior to either the date of notice of non -renewal or the termination date of this Agreement, such forfeiture shall not be affected by the termination of the Agreement or the notice of non -renewal. IV. MISCELLANEOUS PROVISIONS 1. Prior Written Agreements. This Agreement is without regard to any and all prior written contracts or agreements between the parties regarding any other subject or matter, and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the parties. 2. Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, any duty or responsibility of either of the parties to undertake or not to undertake any other service, or to provide or not provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by both parties 3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either party nor to create any legal rights or claim on behalf of any third party. Neither party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of Texas and of the United States. 4. Amendments and Modifications. This Agreement may not be amended or modified except in writing executed by both parties, and authorized by their respective governing bodies. 5. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. 6. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context requires otherwise. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. 7. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date above first written, when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. IN WITNESS WHEREOF, the parties have executed this Agreement as evidenced. ATTEST: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: ep an Lheet , City Attorney TRAVIS ► o PR P CUTING ATTORNEY ip By: ROSEMARY LEHMBERG, District y orney CITY OF ROUND ROCK / ROUND ROCK POLICE DEPARTMENT By: James R. Nuse E, cuV\ DATE: April 24, 2009 SUBJECT: City Council Meeting — May 14, 2009 ITEM: Consider executing Interlocal Agreement for the disposition of forfeited property with Travis County Prosecuting Attorney. Department: Police Staff Person: Tim Ryle, Assistant Chief Justification: This is an agreement which establishes the arrangement by which the City and Travis County would share in the forfeiture of proceeds and other assets seized as a result of their use in criminal enterprises. Through the terms of this agreement, Travis County generally would retain 30 percent of the value of cash and other asset forfeitures, and the City would retain the remaining 70 percent. Funding: Cost: NA Source of funds: NA Outside Resources: NA Background Information: The asset forfeiture program was created by the federal government and later adopted by states as a tool to combat the benefactors of crime by seizing the proceeds and tools of their criminal enterprises. This program targets property, monies, and holdings gained through the commission of state or federal felonies or used in the commission of those felonies. The City participates in sharing programs with several federal law enforcement agencies and the Williamson County District Attorney's office. Each year, the city budgets the funds the Police Department receives through asset forfeiture proceedings in a Law Enforcement Fund. Public Comment: None UPDATED APRIL 2008