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02-8-90-5 - Resolution - 02/08/1990RESOLUTION NO. 2-8-90-5 A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE BRAZOS COUNTY DISTRICT ATTORNEY. WHEREAS, on the 8th day of February, 1990, the City Council met in its regular session and considered a proposed agreement between the City of College Station and the Brazos County District Attorney to distribute a percentage of funds from property seized in conjunction with a recently enacted state statute; and WHEREAS, Article 59.06 of Chapter 59 of the Texas Code of Criminal Procedure allows forfeiture of specific properties used in connection with certain felony offenses; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of College Station, that the Chief of Police is hereby authorized to enter into an agreement with the District Attorney of Brazos County as attached hereto authorizing the disposition of forfeited contraband seized under Chapter 59 of the Texas Code of Criminal Procedure. PASSED AND APPROVED this day of _ F~bruary , 1990. City Secretary APPROVED: ~ger 007710 LOCAL AGREEMENT STATE OF TEXAS COUNTY OF BRAZOS This LOCAL AGREEMENT is made and entered into by and between the CITY OF COLLEGE STATION POLICE DEPARTMENT, located in Brazos County, Texas, and hereinafter called ,,Police Department" and the Criminal District Attorney of Brazos County, Texas; hereinafter called "Prosecuting Attorney." WITNESSETH : WHEREAS, The Police Department and Prosecuting Attorney de- sire to enter into an agreement regarding disposition of forfeited contraband seized under Chapter 59 of the Texas Code of Criminal Procedure; WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure provides for the forfeiture to the State of Texas of prop- erty found to be "contraband" as defined by Chapter 59 of the Texas Code of Criminal Procedure; and WHEREAS, the Prosecuting Attorney of Brazos County, Texas, represents the State of Texas regarding forfeiture of con- traband seized pursuant to Chapter 59 of the Code of Crimi- nal Procedure. NOW THEREFORE, THIS LOCAL AGREEMENT is hereby made and en- tered into by the City of College Station Police Department and the Criminal District Attorney of Brazos County for the mutual considerations stated herein: As Article 59.06 of Chapter 59 of the Texas Code of Criminal Procedure mandates that a local agreement be reached between the attorney representing the State and the law enforcement agency to effect the disposition of contra- band forfeited to the State, both parties therefore agree that: In consideration for the services associated with the forfeiture of contraband, the Police Department agrees that thirty percent (30%) of all money forfeited shall be re- tained by Prosecuting Attorney to be used for the official purposes of the office. If the money is forfeited without a contested hearing, twenty-five percent (25%) of all money forfeited shall be retained by Prosecuting Attorney. The 0077 remainder of the money shall be retained by the Police De- partment. Thirty percent (30%) of all the final sum received from the sale of real estate shall be retained by Prosecuting At- torney to be used for the official purposes of the office. The remainder of the money shall be retained by the Police Department. Automobiles that are forfeited shall initially be eval- uated for their usefulness in an undercover capacity. If not to be used in an undercover capacity, then upon their sale, thirty percent (30%) of the proceeds will be retained by Prosecuting Attorney to be used for the official purposes of the office. If the automobile is forfeited without a contested hearing, then twenty-five percent (25%) of the proceeds shall be retained by the Prosecuting Attorney. The remainder of the money shall be retained by the Police De- partment. The Prosecuting Attorney agrees that the final sum re- ceived from all other contraband shall be divided as fol- lows: thirty percent (30%) shall be retained by Prosecuting Attorney. If the proceeds are forfeited without a contested hearing then twenty-five percent (25%) of the proceeds shall be retained by the Prosecuting Attorney. The remainder of the money shall be retained by the Police Department. This agreement shall apply to money or property seized by the Police Department on or after October 18, 1989. All money subject to forfeiture shall be deposited with the Brazos County Auditor's Office. All interest earned from the seizure pending account will be retained by the Prose- cuting Attorney's office. If the amount of money seized is greater than $50,000.00 then the interest earned will be di- vided between The Police Department and Prosecuting Attorney according with the division of the principal. All other property, other than real property, subject to forfeiture will be stored by the Police Department. All costs of court proceedings shall be deducted from the proceeds of all for- feitures including the cost of titles searched and title policies issued. Money and property shall be considered forfeited to the State once a forfeiture judgment has become final and no Motion for New Trial or Notice of Appeal has been taken. Payment will be made by the Brazos County Audi- tor's office to the Police Department when the property is considered forfeited. The term of the Agreement shall be for a period of one (1) year from October 18, 1989. This Agreement shall auto- matically be renewed on a yearly basis after the initial one (1) year term. This Agreement may be terminated by either party upon thirty (30) days prior written notice thereof to the other of its intention to terminate upon the date speci- 007712 fied in such notice. Any pending forfeitures under this Agreement filed prior to the termination date, however, shall not be affected by such notices. Any notices, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. SIGNED, this day of , 1989. Criminal District Attorney Brazos County, Texas 300 East 26th, Suite 30 Bryan, Texas 77803 Chief of Police College Station Police Dept. P.O. Box 9960 College Station, TX 77842 00771