HomeMy WebLinkAboutPR 24301: TO ALLOW THE POLICE DEPARTMENT, AGREEMENT WITH JEFFERSON COUNTY DA OFFICE, REGARDING THE DISPOSITION OF FOREFEITED PROPERTY AND CONTRABAND Ii
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INTEROFFICE MEMORANDUM
Date: May 22, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager, CPM c)/
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From: Timothy W. Duriso, Chief of PolicL�
RE: PR 24301 —Resolution authorizing the City Manager to allow the Police
Department to execute an interlocal agreement with the Jefferson County
District Attorney's Office regarding the disposition of forfeited property and
contraband.
Introduction:
This memorandum requests approval from the City Council of the City of Port Arthur to
authorize the City Manager to execute all documents necessary to establish an interlocal
agreement between the Port Arthur Police Department and the Jefferson County District
Attorney's Office.
Background:
Under the provisions of Chapter 59 of the Texas Code of Criminal Procedure,the Port Arthur Police
Department seeks to enter into an interlocal agreement with the Jefferson County District Attorney's
Office concerning the disposition of forfeited property and contraband.The Code requires a contract to
be executed between the parties before any funds or property can be legally distributed to the
designated law enforcement agency.This agreement ensures compliance with state law and facilitates
properly managing seized assets resulting from criminal proceedings.
Budget Impact:
There is no budget impact associated with this agreement.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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Recommendation:
It is recommended that the City Council authorize the City Manager to execute all documents
necessary to establish an interlocal agreement between the Port Arthur Police Department and
the Jefferson County District Attorney's Office.
"Remember,we are here to serve the Citizens of Port Arthur”
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 24301
5/22/25 JLH
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL FORFEITURE AGREEMENT BETWEEN
THE PORT ARTHUR POLICE DEPARTMENT AND THE JEFFERSON
COUNTY DISTRICT ATTORNEY' S OFFICE REGARDING THE
DISPOSITION OF FORFEITED PROPERTY AND CONTRABAND
UNDER CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL
PROCEDURE
WHEREAS, the Port Arthur Police Department seeks to
enter into an interlocal agreement with the Jefferson County
District Attorney' s Office for the proper distribution and
management of such forfeited assets; and
WHEREAS, Chapter 59 of the Texas Code of Criminal
Procedure governs the disposition of forfeited property and
contraband seized in criminal cases; and
WHEREAS, Article 59. 06 of the Texas Code of Criminal
Procedure provides that a written interlocal agreement be
executed between a law enforcement agency and the District
Attorney' s Office before any forfeited funds or property may
be distributed to the agency; and
WHEREAS, the District Attorney agrees that Port Arthur
Police Department shall receive the remaining percentage of
all money forfeited and the remaining percentage of the fair
market value of any other property forfeited, whether
tangible or intangible, real or personal (see attachment "A"
of the of the Interlocal Forfeiture Agreement) ; and
WHEREAS, the City Council finds that entering into this
agreement serves the public interest and enhances law
enforcement cooperation and operational effectiveness;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS :
Section 1 . That the facts and opinions in the preamble
are true and correct.
P.R. No. 24301
5/22/25 JLH
Section 2 . That the City Council hereby authorizes the
City Manager to execute, on behalf of the City of Port Arthur,
any and all documents necessary to enter into an interlocal
agreement between the Port Arthur Police Department and the
Jefferson County District Attorney' s Office regarding the
disposition of forfeited property and contraband, under
Chapter 59 of the Texas Code of Criminal Procedure in
substantially the same form as attached hereto as Exhibit
"A" .
Section 3 . A copy of this resolution' s caption shall be
li
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of June, A. D. ,
2025, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers :
NOES :
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,
City Attorney
P.R. No. 24301
5/22/25 JLH
APPROVED FOR ADMINISTRATION: ,
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Rona B ton, P Timot y W. Duriso
City Manager Chie of Police
P.R. No. 24301
5/22/25 JLH
EXHIBIT "A"
INTERLOCAL FORFEITURE AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This INTERLOCAL FORFEITURE AGREEMENT("Agreement")is made and entered into by
and between the Port Arthur Police Department ("PAPD"), and the Criminal District Attorney of
Jefferson County, Texas, ("DA"), and supersedes all previous Interlocal Forfeiture Agreements
between the parties.
For good and valuable consideration hereby acknowledged by both parties hereto, and based on
the mutual promises of both parties contained herein;and pursuant to the provisions of Chapter 59
of the Texas Code of Criminal Procedure ("TCCP"), Port Arthur Police Department and the DA
desire to enter into an agreement regarding the disposition of said forfeited property and
contraband.
In consideration of the services rendered for Port Arthur Police Department by the DA in
connection with the forfeiture of property and contraband, the DA shall receive a certain
percentage (as detailed in Attachment A) of all money forfeited and a like percentage of the fair
market value of any other property forfeited,whether tangible or intangible,real or personal,with
said fair market value determined as of the date that said property is finally forfeited to the State.
The DA agrees that Port Arthur Police Department shall receive the remaining percentage of all
money forfeited and the remaining percentage of the fair market value of any other property
forfeited, whether tangible or intangible,real or personal.
The parties shall each have the duty to deal in good faith with each other to reach agreement as to
the fair market value of property that is not cash, and is not auctioned. In the event of an auction,
the fair market value for purposes of this Agreement shall be the net cash received as a result of
the auction. The parties acknowledge that the proceeds obtained through the public auction of
forfeited property may be more or less than the fair market value of the property.
If Port Arthur Police Department elects to place forfeited property into service (such as a vehicle
or a weapon), it shall within sixty (60) days of placing property into service notify DA, and DA
shall not take a percentage of the value of that property. In addition, any court costs including
costs for service will be the responsibility of Port Arthur Police Department and the DA can elect
to add these costs to the next money seizure case submitted by Port Arthur Police Department.
Forfeited money or property received by the DA shall be used for the official purposes of the DA's
office consistent with Article 59.06 of the TCCP and other applicable state and federal laws.
Forfeited money or property received by Port Arthur Police Department shall be used for official
law enforcement purposes consistent with Article 59.06 of the TCCP and other applicable state
and federal laws.
The forgoing division of value notwithstanding, it is further specifically agreed by the parties that
should special circumstances dictate that a different percentage than that set out in this agreement
be awarded to the DA, that this agreement may be specifically modified by the consent of both
parties, which said agreement shall be reduced to writing. Special circumstances which may
warrant a different division of the value of forfeited property and contraband include, without
limitation, the participation of each agency involved in the seizure, transport and storage of said
property, the amount of time and effort in investigative efforts, and the amount of time and effort
in preparation and trial of the civil asset forfeiture case. In the event that more than one law
enforcement agency participates in the seizure of property, it shall be the responsibility of the
participating law enforcement agencies to agree to a division of the value of the property between
them. The DA is not obligated to share its percentage of the value of the property with cooperating
law enforcement agencies. Port Arthur Police Department is responsible for obtaining a release
of any lien on property to be forfeited pursuant to this Agreement.
Port Arthur Police Department acknowledges that,pursuant to Article 59.04 of the TCCP, the DA
must commence proceedings under this section not later than the 30th day after the date of the
seizure. To facilitate this filing deadline, Port Arthur Police Department acknowledges that it
must submit sufficient information to the DA to allow the DA to instigate civil asset
forfeiture proceedings within ten (10) days of the seizure of any property. The DA shall
promulgate forms to assist the Local Law Enforcement Agency in submitting the necessary
information.
Any notices,payments, statements, demands or other communications required or permitted to be
given pursuant to the terms and conditions of this agreement, or as a result of this agreement,may
be rendered by either party to the other through either personal delivery or by depositing same in
the United States mail, properly addressed, certified mail, return receipt requested.
Unless otherwise specified,this agreement shall be in effect from and after the day of its execution
by each of the parties hereto, and shall govern all things seized pursuant to Chapter 59 of the
TCCP and to Article 18.18 of the TCCP on or after the date of execution of this agreement by both
parties. The division of all things seized before said date of execution shall be governed by the
pre-existing agreements between the parties. It is the specific intention of the parties that this
agreement shall automatically renew on a yearly basis. Any party intending to withdraw from
this agreement may do so upon thirty(30) days written notice to the other party. In the event of
forfeiture proceedings that have commenced prior to the termination date of the agreement or the
notification with regard thereto, said forfeiture shall not be affected by the termination of the
agreement or the notification of intended termination.
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.
Disbursement of forfeited funds shall be made upon final forfeiture of the property.
If lawful money of the United States is seized pursuant to the provisions of Chapter 59 of the
TCCP,the DA shall deposit said funds in an account maintained for that purpose,pursuant to the
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TCCP.
It is understood by and between the parties that the decision to settle, try, dismiss or otherwise
resolve the civil asset forfeiture cause of action shall be in the sole discretion of the DA; however,
the DA shall make reasonable efforts to keep Port Arthur Police Department advised as to the
status and disposition of any such case consistent with all ethical duties applicable to the DA.
Costs of storage, insurance, maintenance, or repair of any property seized or forfeited pursuant to
this Agreement shall be at the sole cost and expense of Port Arthur Police Department, unless the
parties agree to other arrangements.
Executed to be effective upon signing.
Chief Timothy W. Duriso Keith Giblin
Port Arthur Police Department Criminal District Attorney
Jefferson County, Texas
Date Date
ATTACHMENT "A"
Division of Seized/Forfeited Property
The Office of the Criminal District Attorney shall receive the following
percentages pursuant to this Agreement:
For amounts less than $5,000: 50%
For amounts of$5,000 or greater: 30%