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032219 Friday Staff Report ICOF Y City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 MEMORANDUM DATE: March 22, 2019 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. Zoning Board of Adjustment Meeting on Monday, March 25, 2019 at 4:00 p.m. in the City Hall Conference Room. 2. Public Utilities Board Meeting on Monday, March 25 2019 at 6:00 p.m. in the City Council Work Session Room. 3. City Council Airport Committee Meeting on Tuesday, March 26, 2019 at 10:00 a.m. in the City Hall Conference Room. 4. Work Session of the City Council on Tuesday, March 26, 2019 at 12:00 p.m. in the City Council Work Session Room. 5. Development Code Review Committee Meeting on Wednesday, March 27, 2019 at 11:00 a.m. in the City Council Work Session Room. 6. Agenda Committee Meeting Wednesday, March 27, 2019 at 2:30 p.m. in the City Manager's Conference Room. 7. Community Development Advisory Committee Meeting on Thursday, March 28, 2019 at 5:00 p.m. in the Second Floor Conference Room at City Hall East, 601 E. Hickory Street. B. Upcoming Events 1. CANCELLED-Great American Cleanup, Saturday,March 23,2019 from 9:00 a.m. - 11:00 a.m. Volunteer After Party at 11:00 a.m. at the Civic Center. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 2. Serve Denton 7th Annual Celebration, Saturday, March 30, 2019 at 6:30 p.m. at Embassy Suites 3. NAACP Banquet, Saturday, March 30, 2019 at 6:30 p.m. at the MLK Center. II. General Information & Status Update A. City Hall Exterior Lighting Improvements — Based on concerns raised by a resident, Facilities Management staff implemented lighting improvements around the exterior of City Hall (see attached photos). The improvements include retrofitting exterior lights with LED lights and adding secondary bulbs in each fixture. Staff also added and additional 16 LED double spotlights on wooden trellis with one bulb shining in and one shining out. Staff will continue to make lighting improvements including adding three additional light poles to match park lighting down the east/west walkway between front parking lots. We anticipate completion of the project prior to Jazz Fest and will continue to work with DME on a solution to change out dusk to dawn parking lot lighting with LEDs. Staff contact: Mario Canizares, City Manager's Office. B. Kings Row Substation Community Garden Update — During the March 21 City Council meeting,Council Member Briggs requested an update on using the former site of the Kings Row Substation as a community garden. Attached are two Informal Staff Reports(ISR)that have been produced to describe the potential use of retired substation property, including the former site of the Kings Row Substation. To-date, all information in the previous ISRs remains valid. The former Kings Row Substation remains the only substation that is actually out of service. At the Kings Row location, all of the above ground large de-energized equipment remains on-site. DME's Substation Superintendent has initiated work to clear the Kings Row site. Substation staff have removed the majority of the overhead electrical components and are developing a plan to disassemble the steel structures at the site in-between other large CIP projects. Once the majority of equipment has been disassembled, DME will work with the Procurement & Compliance Department to arrange an auction or online sale of the large equipment to any interested party that desires to purchase these items and haul offsite. Staff will continue to provide status updates as additional progress is made. Staff contact: Brent Heath, Denton Municipal Electric. C. North Lakes Park Cleanup — As was referenced in the March 8 Friday Report, Parks and Recreation staff contracted with Freedom Services of Denton, Texas,to conduct a cleanup of litter from a former encampment site in North Lakes Park. Site cleanup took place on Monday, March 18 from 9:00 a.m. - 1:00 p.m. and required more than ten staff members to complete. A total of 2.79 tons of trash was removed from the former encampment. Staff will continue to monitor the park for additional outreach and cleanup needs. Attached are before and after photos from site cleanup. Staff contact: Gary Packan, Parks and Recreation 2 D. RUzor Ranch Economic Development Incentives — Staff was recently asked to provide information on whether the recent sale of Rayzor Ranch Town Center to Fidelis Realty Partners would impact economic development incentive agreements for the development. The Chapter 380 incentive agreement with Allegiance GL/RED allows for the assignment of the incentive. The majority of the City of Denton's retail development incentives (Denton Crossing, Unicorn Lake, and Rayzor Ranch) have assignment clauses because the sale of such developments is a common practice in the retail industry. Staff contact: Caroline Booth, Economic Development E. Windsor Drive Apartments (S 18-0008) — The reconsideration of the requested Specific Use Permit for the Windsor Drive Apartments (S 18-0008) is scheduled for the Apr. 2 Council meeting with new public hearing notification sent to surrounding properties. In anticipation of the upcoming reconsideration, the applicant has presented staff with a general concept for a revised site layout that would reduce the number of buildings from 16 to 12 but would retain roughly the same number of units. A detailed plan with square footages, revised lot coverage and landscape calculations, and unit mix has not been submitted to staff to enable a full analysis of the proposed changes. At the Apr. 2 meeting, staff will be presenting the original request for reconsideration and not the proposed revisions. After consultation with the City Attorney's office, staff has determined that the magnitude of changes proposed merits a new SUP request. The new request would need to be submitted for staff review and then go to public hearing before both the Planning and Zoning Commission and City Council. A reconsideration allows the Council to hear the same exact item it heard previously. Given the significant changes the applicant has made, it is no longer the same item Council or P&Z reviewed, and thus, Staff and Legal believe the request should restart the process. Staff contact: Hayley Zagurski, Development Services F. TWU/City of Denton Quarterly Meeting — On Thursday, March 21 a cross- departmental team of City staff met with Chancellor Feyten and several members of the TWU executive leadership team. During that meeting, staff discussed use of the recently opened Oakland Parking Garage for community events. The garage is open to the public after 6:00 p.m. on weekdays and open all day on weekends for public use barring any special events at the university. Given the proximity of the new garage to the Civic Center and downtown,it could be used to help alleviate constraints in the downtown area during community events. TWU staff expressed an openness to having the Oakland Parking Garage advertised as public parking for community events as long as City staff coordinate with them to confirm there are no conflicts with planned activities at the University. Staff also discussed potential future polling locations on the TWU campus. TWU staff will coordinate the identification of potential polling locations with the City Secretary's Office starting this fall in preparation for the May 2020 municipal election. The final item discussed was potential traffic calming along Bell Avenue to address increased pedestrian traffic following the completion of the new food hall and dormitories on TWU's campus. Staff will present a work session on traffic calming plans in early fall 2019. Staff contact: Rachel Wood, City Manager's Office 3 G. Preservation Denton — DTV teamed up with the Roman McAllen, the City's Historic Preservation Officer, to produce the latest episode of Preservation Denton. Roman sits down with JoAnn and Walter "Salty" Rishel, owners of the James Newton and Eva Tabor Rayzor House. Learn about the influential family and their Prairie Style home on Oak Street, built in 1910. The City's production, Preservation Denton, is a historical look inside some of the interesting homes, buildings, and public spaces in our city. Video link: https://youtu.be/110inzCDiBE. Staff contact: Billy Matthews, DTV H. Denton Service Center Rezoning and Improvements — On Feb. 20, 2019, the Planning & Zoning Commission heard a City-initiated rezoning request for the Service Center site.During the public hearing,residents living in the neighborhood adjacent to the Service Center expressed concerns about noise, lights, and traffic associated with the site. In response, staff developed potential solutions for these issues. One near-term solution is to provide buffering around the edges of the site, to screen the neighborhood from the visual and noise impacts of the Service Center. The Parks and Recreation Department has developed a concept plan for a combination of wood fencing and landscaping to be installed on the boundaries of the site where Service Center activity is closest to surrounding residents (see attached exhibits). On Mar. 18, a neighborhood meeting was held where this concept plan was presented by members of staff to the neighbors in attendance. The neighbors were supportive of the proposed buffer and other site improvements.This City-initiated rezoning request is scheduled for the Apr.2 City Council meeting,where the City is proposing to move forward with the installation of a fence and landscape buffer at the Service Center site. Staff contact: Mario Canizares, City Manager's Office I. Drought Contingency Plan Public Meeting — On March 18, Council Member Meltzer requested information about the materials presented at the Thursday, March 14 Water Conservation and Drought Contingency Plan Public Meeting.The attached power point presentation was prepared to present at the meeting, and the last page of the presentation was available as a handout. There were no public attendees at the meeting which was held from 6:00 p.m.to 8:00 p.m. at the Denton Civic Center. The Texas Commission on Environmental Quality(TCEQ)requires a revised and adopted Water Conservation and Drought Contingency Plan every five years. Informal Staff Report No. 2019-040, which was included in the March 8, 2019 Friday Report, contains additional information about the Plan. Staff contact: Tyler Dawson, Utilities J. Signs for Construction— Council Member Meltzer asked about the possibility of posting signage at the site of street construction projects to notify motorists of the future planned project. The concern with posting information too far in advance about a project that is still in the planning phase is that the construction schedule is very fluid based on contractor scheduling,material availability,and as staff fine- tunes the schedule to most efficiently utilize resources. Staff currently places emphasis on www.improvinadenton.com to provide residents with the most up- to-date project status information, and a list of upcoming road and utility projects are also listed on the website. This information was also included in the 2019 Construction Update which was mailed to all residents in January 2019. These 4 construction updates will be included in each future edition of the bi-monthly Resident Update.When the construction plan has been finalized and work has been scheduled for a project, Capital Projects and Public Affairs staff coordinate public information and complete the following prior to the start of construction: • Mailings: Generally,for planned construction,letters with project specific and contact information are mailed to residents and property owners likely to be impacted no less than 1-2 weeks before the start of a construction project. • Website: Improving Denton is the City's digital hub for planned construction. As scheduling or project scopes change, updates are shared bi-weekly. • Social Media:Neighborhood targeted construction alerts are sent through the City's Nextdoor account. For high impact projects, alerts may be sent out on all social media platforms. • Street Construction Map and Report: Upcoming and current construction projects details, scopes, and staff contact information is shared on the Street Construction GIS map. The map is automated to update daily. The Street Construction Report(SCR) is updated and published weekly under construction information on the Improving Denton website with the recently completed, current, and upcoming projects for all departments. • Email Notifications: Updates or developments for capital projects, regional mobility projects, and/or those that have significant impacts to traffic, email alerts are sent to Improving Denton subscribers. In the event of emergency or unplanned construction, Public Affairs and Capital Projects work together to notify impacted residents directly as soon as they are able.Depending on the overall scope of this type of construction,information may also be posted on social media and distributed through email to subscribers of the Improving Denton mailing list. Staff contact: Jessica Rogers, Public Affairs K. Staff Monitoring of Social Media—On March 13, Council Member Meltzer asked whether City staff could scan certain Denton related Facebook groups to clarify recycling information within those groups. Currently, if a staff member chooses to participate in these private groups, they do so as a private citizen rather than in an official City capacity. The reason for this is that all interactions about city business that takes place in these groups by someone acting as an official of the City would need to meet open records archiving requirements. Due to the private nature of these groups and that members of the group may not know their interactions would be subject to open records requests, it is not recommended that representatives of the City participate in this manner. Instead,we encourage all questions, comments and requests to be sent through official City channels including the official City of Denton social media channels, Engage Denton, website, email, phone, and in- person visits. Staff contact, Sarah Kuechler, Public Affairs L. Upcoming Sustainability Workshops — On March 27, the South Branch Library will host a Pots in Small Spots Gardening Class from 6:00 p.m. to 8:00 p.m. The is a partnership between the City of Denton and Agrilife University to teach best practices for growing plants in small spaces. This class is free and open to everyone in the community. On March 30, the Clear Creek Natural Heritage 5 Center will host a Seed Swap from 10:00 a.m. to 12:00 p.m. Clear Creek is partnering with the Emily Fowler Seed Library,Denton County Master Gardeners, Native Plant Society,UNT Community Garden,UNT Save the Bees and any other groups that would like to participate to provide community members the opportunity to swap or pick up free seeds. This event will serve as a great opportunity for citizens to gain access to free native plant seeds, as well as, get the opportunity to engage with local experts on the seeds. During the event we will also be partnering with The Great Seed Bomb to teach people how to properly make a seed ball that will help support pollinators. Additionally, individuals can earn a Honey Run t-shirt simply by signing up and walking the trails (while supplies last). Staff contact: Katherine Barnett, Sustainability M. Farmers' Market Fees — Chapter 13 of the City of Denton's Code of Ordinances includes amendments to Texas Food Establishment Rules (Texas Administrative Code (TAC) Chapter 229 Subchapter FF entitled "Farmers' Market") with minor modifications to meet the specific needs of our community. The TAC provides the authority for local health departments to issue permits to individuals selling produce and other food products directly to consumers at farmers' or community markets. Current fees for farmers' market permits are $40 per month or $240 for a full year, attached is an application outlining vendor requirements. These fees cover the processing of the application, an initial inspection of the food vendor, and random inspections from April through November. Inspections are intended to ensure the safety of the food that is being sold by the vendors and is very similar to a temporary food establishment permit that may be used at an event like the Arts & Jazz Festival. During inspections, cooked foods are monitored for proper equipment, temperature control, food handling, etc. Eggs and frozen meats are inspected for USDA approval stamps to ensure the vendors are following federal requirements related to food processing and also that the proper temperature is being maintained. Staff contact: Caroline Booth, Economic Development N. Chlorine in Water—On March 18,Council Member Meltzer requested information about chemical safety at Denton's two water treatment plants following a recent accidental chemical release from a Birmingham, AL water treatment plant. Denton does store chemicals in high concentration for use in the water treatment process, and extensive safety mechanisms have been put in place to prevent dangerous chemical release. Denton has designed its chemical treatment process to meet the needs of the surrounding area, including specific environmental risk considerations,leading to different on-site chemicals at each plant. At the Spencer Road plant, a costlier method of chlorine disinfection is used to avoid risk of chlorine exposure to the surrounding area. Many years ago, staff at the wastewater treatment plant discontinued the use of chlorine gas for disinfection and implemented a system that disinfects using ultra-violet light. Small quantities of chlorine liquid are still used to meet the minimum disinfection required for the water reuse program. In all cases, chemical storage spaces include protective processes which take over if a chemical release is detected, ensuring that the chemical is contained to prevent environmental exposure. At every location that stores these chemicals, mechanical systems are in place to prevent unplanned releases of harmful chemicals. Some components detect 6 unusual chemical levels while others contain or render chemicals inert upon detection. Maintenance programs are in place to inspections and service critical components, such as tank walls, isolation valves, and ventilation systems, to ensure normal operation. In Birmingham, AL, the recent chlorine release was caused by a chemical delivery driver connecting his supply to the wrong tank, causing two incompatible chemicals to mix and release chlorine gas. While these two chemicals exist at the plant on Spencer Road., the plant has protocol in place to keep all connections to chemical tanks locked so that delivery drivers cannot introduce chemicals without a plant operator verifying the identity of the chemical being delivered and ensuring it is connected to the appropriate tank. Furthermore, these two tanks are physically separated to avoid mixing if an accidental release was to occur. Birmingham has announced that they will implement similar protocol to prevent recurrence of this scenario in the future. Staff contact: Tyler Dawson, Utilities O. UWDC Awarded Grant to Fight Homelessness — On March 19, the United Way of Denton County (UWDC) announced that they were awarded a first-time grant of $123,926 to improve coordination of homeless services and communication between providers in Denton County, as well as support continued expansion of the Coordinated Entry System. Please see the attached press release for more information. With grant funding available, this may impact UWDC's funding request to the City of Denton for FY 19-20 for the Housing Navigator position. More information and discussion will take place during an upcoming work session on homeless initiatives with City Council. Staff contact: Sarah Kuechler/Dani Shaw, Community Development P. Curb Painting Near Fire Hydrants—At the request of a resident, Council Member Hudspeth sought information from staff on the impact that curb painting may have on residents parking near fire hydrants. It is illegal to park within 15 feet of a fire hydrant in the City of Denton. Staff conducted a review of the fire hydrants within the city and the costs to paint the curb of each hydrant. With 5,490 hydrants in the city and a cost of$80 to paint a total of 30 feet of curb for each hydrant(a recurring cost that is incurred every other year), the cost to paint every curb is significant. As a result, staff is piloting a curb painting program in five high-violation locations across the City. Staff will paint the curb on each side of the hydrant and evaluate if the number of parking violations at that location is reduced. If the number of violations is positively impacted, staff will explore expanding curb paintings to other high-violation hydrants. The five locations are at 600 E. Hickory Street, 1000 N. Austin Street, 1200 N. Austin Street, 900 Collier Street, and 2100 Stella Street (a map is attached). The 1200 N. Austin location is primary hydrant of concern to the resident who made the original request to Council Member Hudspeth. At the completion of our pilot program, staff will update the Council on the results. Staff contact: Daniel Kremer, Capital Projects Q. School Speed Limit Reduction — Subsequent to a resident request, Council Member Armintor inquired as to if the City can reduce the speed limit in school zones from 30 mph to 20 mph. Currently, all school speed zones are restricted to 30 mph, or 20 mph during the morning and afternoon school hours when signs are flashing. Many zones also have yellow advisory signs that encourage a 20 mph speed at all times throughout the day. These signs, however, are unenforceable and the law applies to only the white, 30 mph signs. Section 18-72 of the City Code grants the city the authority to reduce the permanent speed limit within a school zone to 20 mph,however any change in the enforceable speed limit requires a speed study be performed. Staff contact: Pritam Deshmukh, Capital Projects. R. 2018 Annual Traffic Contact Report — In accordance with the Texas Racial Profiling Law, the Denton Police Department has collected traffic and motor vehicle data for the purpose of identifying and addressing, if necessary, areas of concern regarding racial profiling practices. The attached 2018 Annual Traffic Contact Report includes a detailed statistical analysis related to contacts made during motor vehicle stops as well as copies of relevant state law and departmental policies related to the topic of racial profiling. The analysis confirms there is no evidence that officers of the Denton Police Department engaged in racial profiling in 2018. Staff contact: Chief Frank Dixon, Police. S. Parking Obstructing Traffic Views at N. Austin/Oakland—On March 20, Council Member Hudspeth informed staff of a resident concern related to on street parking at the intersection of N. Austin Street and Oakland Street. The complaint described difficulty for drivers on N. Austin Street to see oncoming traffic on Oakland Street because of vehicles parked on the side of both streets near the intersection. A video submitted by the resident and our own staff observation confirmed this problem. In investigating the issue, staff found two opportunities to improve the situation. First, this area will be added to the regular rotation for parking enforcement,with an emphasis on enforcing violations at the intersection that impacts safety. Second, Capital Projects will be evaluating possible signage enhancements to that location, including "No Parking" signs and investigate the feasibility of creating a 4-way stop at the intersection. Staff estimates that a significant portion of the parking violators are TWU students. As a result, staff will also be coordinating with TWU to communicate parking restrictions near the campus to their student body. Staff contacts: Chief Frank Dixon, Police and Daniel Kremer, Capital Projects T. Denton Community Job Fair—City of Denton Economic Development,Workforce Solutions of North Central Texas, North Central Texas College, United Way of Denton County, Denton Chamber of Commerce and Denton ISD are partnering again to host the third Denton Community Job Fair on Thursday, March 28, from 10:00 a.m. to 2:00 p.m. at Denton Civic Center. Peterbilt, U.S. Cold Storage, WinCo, Safran(Labinal),Flowers Baking,Fastenal,University Behavioral Health Hospital/Mayday Hospital, City of Denton, UNT, TWU, and Denton ISD will be joined by 40 more employers in seeking to staff full-time, part-time, and seasonal positions. Workforce Solutions of North Central Texas' Mobile Career Bus will be on site to provide resume assistance/printing, mock interview strategies, bilingual assistance, and job fair tips to job seekers. In addition to the job seekers anticipated to attend the event, Denton ISD will bus an estimated 100 high school juniors and seniors taking career and technology classes to participate in the event. The Denton Community Job Fair partnership plans to host a spring and early fall job fair each year. Staff contact: Caroline Booth, Economic Development 8 U. New Business Conference Set for April 12 - FlintConf 2019 invites creatives (hipsters), techies (hackers), and entrepreneurs (hustlers) to take part in a one-day conference in Denton aimed at enabling those pursuing their passion through their work. FlintConf will be held at Stoke Denton on April 12 from 8:00 a.m. to 5:00 p.m.with a post-event happy hour for attendees at Armadillo Ale Works. With the goal of supporting and strengthening the business community's efforts, Stoke,the Greater Denton Arts Council, TechMill, and City of Denton Economic Development planned FlintConf to suit the needs of North Texans with entrepreneurial spirit, providing them with the essentials applicable to all types and stages of business. Individuals who would benefit from FlintConf include designers, makers, and artists; web developers, engineers, and technologists; and entrepreneurs, small business owners, and business developers. Though the backgrounds and skill sets for these groups differ, similarities exist in having fundamental, foundational knowledge, navigating steps in the build/growth cycle, and keeping sight of and reaching end goals. Knowledge themes for these groups include: • Articulating what you do and why with branding and marketing to attract customers and clients; • Business planning and structuring; • Valuing and pricing your time,products, and services; • Understanding funding options for launch and growth; and • Maintaining a work-life balance and avoiding burnout FlintConf will offer sessions and break out discussions that cover the above through presentations on lean principles for starting and sustaining your business, developing and telling one's brand story, sharing that brand story through marketing, types of funding and how to distinguish and acquire it, and more. At the end of the conference, FlintConf attendees will have learned concepts and strategies to apply to their own pursuits from speakers with experience in failing fast, recovering, and ultimately succeeding and made connections with fellow conference attendees. Staff from Economic Development and the North Branch Library will participate as resource providers for attendees. For more information, email info&stokedenton.com or call 940-268-5374. Staff contact: Caroline Booth, Economic Development V. Great American Cleanup Cancelled—The Great American Cleanup and Volunteer After Party,which was scheduled for March 23 has been cancelled due to forecasts for inclement weather. Staff is currently making arrangements for an alternate date to conduct the cleanup. Additional details will be provided after the new arrangements have been made, staff will also contact all registered participants to make them aware of the revised date. Staff contact: Julie Anderson, KDB III. Upcoming Community Events and Meetings A. Events 1. No events to report. 9 B. Community Meetings 1. Denton Square Design Standards and Guidelines Public Meeting—Monday, March 25, from 6:00 p.m. to 8:00 pm. at Development Services Building (215 E. Hickory St.); Staff contact: Sean Jacobson, Development Services 2. Mountain Bike Focus Group Meeting — Monday, March 25, 2019 at 6:00 p.m.in the Community Room at the Denton Civic Center (321 E. McKinney St.); Staff contact: Gary Packan, Parks and Recreation 3. TxDOT Loop 288 Public Meeting—Thursday,March 28,2019 at 6:00 p.m. at McMath Middle School (1900 Jason Dr.); Staff contact: Mario Canizares, City Manager's Office 4. TxDOT I35 Public Meeting — Thursday, April 4, 2019 at 6:00 p.m. at Sanger High School (100 Indian Lane, Sanger, TX); Staff contact: Mario Canizares, City Manager's Office 5. Pecan Creek Sidewalk Public Meeting—Thursday,April 11,from 6:00 p.m. to 8:00 p.m.at Pecan Creek Elementary School(4400 Lakeview Blvd.); Staff contact: Pritam Deshmukh IV. Attachments A. City Hall Lighting Photos......................................................................................12 B. 2017-026 Retired Substations................................................................................16 C. 2018-066 Retired Substations................................................................................22 D. North Lakes Park Cleanup Photos.........................................................................31 E. Service Center Improvements Conceptual Design................................................34 F. Water Conservation and Drought Contingency Plan Presentation........................37 G. Farmers' Market Application.................................................................................46 H. UWDC Grant to Fight Homelessness Press Release.............................................50 I. Curb Painting Pilot Location.................................................................................52 J. 2018 Annual Traffic Contact Report.....................................................................53 V. Informal Staff Reports A. 2019-054 Georgetown, TX Power Supply...........................................................106 B. 2019-055 Outdoor Music and Noise Ordinance..................................................149 C. 2019-056 Robson Ranch Wastewater Diversion Agreements.............................151 D. 2019-057 Landfill Expansion Permit Update......................................................154 E. 2019-058 Sales Tax on Remote (Internet) Sales..................................................164 VI. Council Information A. Council Meeting Requests for Information........................................................187 B. Other Council Requests for Information............................................................188 10 C. Draft Agenda April 1..........................................................................................190 D. Draft Agenda for April 2....................................................................................191 E. Council Calendar................................................................................................196 F. Future Work Session Items ................................................................................199 G. Street Construction Report.................................................................................200 11 1 ��.._... ,ems► - =_. v- 1 .Wkpwli�, -.0 , ' y - s r • Y •r ` y� V s • I .>+:,. � ,,per•.;t J- I J - f Alm 4 � I r ►`lam' � • -I • � �.• a' ••• 1 � - ,yam♦ �`i i .♦ �JI �� 1i ,f r� '1 �. • t Ji AWL Irr IL VV .20 V 7_s•� � i r•l � Ili � I1 �' \ �I^� , � � 6 ..r�l�.'-'_�-�i• •��5�'f+•e I•���� <<r �►-. �• _ � �•. .. � .'�`!� r~.[•1�3���n•St��ti� ��• , ��1 i �i� �r �.�. ,r�'�!,., ' .� � 'J � _ �► i- ` � Date: April 28, 2017 Report No. 2017-026 --------------------------------------------------------------- INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Council Member Briggs requested information on a process to review potential land use options for retired electric substation sites. BACKGROUND: At the March 21, 2017 Council meeting, Council Member Briggs requested a work session on determining a process to review old substation sites and possible land use options. DME's Capital Improvement Program has several projects to construct new substations or reconstruct existing substations during the transmission system upgrade from 69kV to 138kV, which began in 2011 and will continue through 2022. DISCUSSION: There are a few potential substation sites where land reuse could occur in the future due to the new construction or reconstruction. Most of these sites are in various stages of the design and construction process,and old sites that have recently been de-energized are still needed operationally and logistically for the staging of equipment and/or back-up operations until the transmission system upgrade project progresses closer to completion. This memo will provide a brief description of potential sites where land may be available for reuse and discuss general steps and guidelines for a process. Potential Sites There are two substation sites that will be newly constructed at a separate location and their respective old substation sites may no longer be necessary to DME. The first site is Kings Row substation (Attachment 1). The new Kings Row substation (at the corner of Kings Row and Loop 288) is fully operational and the old site to the west on Kings Row Street was de-energized in late 2016. Although the old site has recently become inactive, a few steps need to take place before it is fully decommissioned, no longer useful, and can be considered for other uses. The old site is an important staging site for materials and equipment for the conversion of the entire transmission system to 138kV, until at least 2-3 years out when the project progresses closer to completion. The second new construction substation where the old site may no longer be necessary is the Hickory substation(Attachment 2). The new Hickory substation was selected to be constructed on a site directly across the street from the existing Hickory substation, across Bonnie Brae Street to the East. This project is in the GIS substation and UG Transmission design phase and the new Hickory Substation will not be online and operational until 2020. In addition to those two new construction sites, there are a few substation sites being reconstructed, which could open partial land segments for repurposing or other landscaping or beautification efforts. However,the exact site design and configuration may not be known until the sites are through the entire process with a plat, design, environmental assessment, land acquisition, permit, and construction. Variables through this process may influence if, and how much land, is available or no longer useful. The following are the potential reconstruction substation sites where partial land may be available: Locust, North Lakes, Arco, Industrial, and Jim Christal (Attachment 3). pg. 1 16 Date: April 28, 2017 Report No. 2017-026 Steps to Retire a Site and Potential Process for Reuse Although these old substation sites may become inactive, they may be necessary in the interim to serve as a staging area for the system upgrade project, to provide back-up if required, or may contain other equipment owned and operated by TMPA where removal and proper asset retirement must be coordinated. The below description generally outlines a process to decommission a substation site once it is no longer required for electric operations and how the property could be considered for other uses. 1. Sale, Disposal, and Removal of Assets — DME will work with the City's Accounting and Purchasing Department to properly and legally retire and dispose of the older assets that are no longer required nor useful to the City. All of the large and heavy equipment such as Power Transformers, Switchgear, Control Building, and Structural Steel remain on site after a substation is de-energized. Very large and heavy items such as the Power Transformers and Control Buildings are not easily moved, and will go through either an RFP process or Auction process for disposal and removal from this site by the awarded party. 2. Environmental Assessment — When the City purchases or sells property, an environmental assessment must be performed by an independent professional, and staff recommends the same process be undertaken if these sites are to be used for other purposes. Generally, there are two phases to an environmental assessment. The first phase is a preliminary assessment by a qualified individual to analyze historical land use of the property, current use, assessment of what is on the property or around the property, and a number of other factors to make a determination if there is a Recognized Environmental Condition ("REC") indicating the possibility of contamination. If a REC determination is made,there is a second phase to perform sampling and testing. This sampling and testing depends on the RECs, but often includes soil and shallow ground water testing. Samples are sent to a lab to test for contaminants, and the results are compared to either residential or commercial standards depending on the anticipated future land uses. If contaminants are found, a plan is developed to remediate the site to acceptable standards. 3. Potential Uses — Concurrent with the first two steps, staff can perform an analysis of each site looking at its past uses,location, size,configuration,public access,public safety considerations, adjacent and neighboring properties, nearby amenities, and so forth, and provide options for consideration depending upon the features of each site. Generally, staff believes a site could(1) become a public space(such as a park, open space,landscaped area, community garden, or tree stand), (2) be maintained by the City for other operational purposes, or (3) be offered for sale (adjacent land owners may have interest). Because of the differences between each site, potential uses could vary; however, most of the sites are small and are more likely to be compatible for an open space, landscaped area, community garden, or tree stand. The analysis and options could be used to then facilitate potential site repurposing discussions and gathering of citizen and neighborhood input and ideas. 4. Citizen and Neighborhood Involvement — After assets are removed and an environmental assessment and remediation (if needed) is completed, staff could facilitate site repurposing discussions for potential uses led by the Community Affairs Division and DME. A similar method to DME's use of public input received through the electric site and route selection processes for the CIP program could be used to gather citizen ideas, through citizen mailings, IVR phone calls, and formally scheduled public Open Houses for each of the surrounding pg. 2 17 Date: April 28, 2017 Report No. 2017-026 --------------------------------------------------------------- neighborhoods. All citizen input and recommendations could be collected through electronic surveys that would be filled out at each public open house and for several weeks subsequent to each public open house meetings. The citizen survey data could be analyzed to help provide both the Public Utilities Board and the City Council possible ideas and recommendations based upon the most favorable citizen ideas and input. Any options presented would include public input received, actions and funding required (both one-time and ongoing), and review of land use compatibility and zoning regulations. CONCLUSION: DME has primarily focused its resources on safely and reliably completing all of the approved projects included in the substation and transmission line upgrade program, but plans to shift resources as the program progresses to fully decommission the old sites and equipment. Staff respectfully requests to come back to Council within the next 18-24 months to provide an update on DME's CIP program with a status on each of these potential sites and a proposed process including a timeline and resources to review property that will be no longer useful nor necessary for electric operations. ATTACHMENTS: 1. Map of Kings Row substation 2. Map of Hickory substation 3. Map of various reconstruction substations STAFF CONTACT: Phil Williams General Manager Denton Municipal Electric Rhil.williams cTcityofdenton.com (940) 349-8356 Sarah Kuechler Assistant to the City Manager sarah.kuechler(a7 cityofdenton.com (940) 349-8356 pg. 3 18 W z 3 O Hr OQ1 1 cc i F lv 0 0 8� 2 HONVUS H3d003 8 N U HONV218 3 H3d003 O tr w c� z V 300 V 0 o J W y W ■ V t� F z 0 w 0 z V O LL 0 3 = o C o 0) LU > a�'y a X S3Nf1O OV O co _ = co pcA co c co y � O 0 c o t z_ N3101S3AHVH x _ 2 � n 0 U) u 3 0 o i U NX X -Ca z w IH3AIVO 3NNVIIHVW Des � , - W J W J a �i 19 0 3" w Z-*- 0 SVWOHl _ N rn N c H N >+ 0 N N U g Y ... J .. C1 W _ H 3" H O O y �V BONNlE BRAE L co OLL N O 0 O cn 00 c r u) O c cu 0 L O C) C _ VJ O llD^ 0) VJ Z LU A 20 W z m � � j 0 -a N � co N co H 00 9 CO N LL N N N " N L u � � i m i 00 N LL co .. LL N LL N r J {C N W O r 0 r (3) r— O LD 0 00 c (/) 00 0 L 7 N U � O C N cu n CL LL D U) ++ d E � Oar Lids 6i 21 Date: May 25, 2018 Report No. 2018-066 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Recently, a City Councilmember requested an update regarding old electric substation properties, their status, and potential uses. BACKGROUND: An April 28, 2017 Informal Staff Report (ISR) addressed a similar question. The 2017 ISR remains valid except for the estimated timeframes: • The old Hickory Substation must remain energized and is used to serve residential customers in the Historic District, commercial customers, Texas Health Hospital, and the northern half of the UNT campus. It cannot be remove from service for at least another four to five years until the new Hickory S176 Gas Insulated(GIS) Substation has been constructed, tested and commissioned. • North Lakes Substation would be on the same timeframe as Hickory Substation, in another four to five years, due to the need to keep in service a 69kV to 138kV Autotransformer that is necessary for reliable and safe interface between the two different transmission voltage levels. • The old Arco Substation site is owned by Texas Municipal Electric (TMPA) and the old substation site is surrounded by Oncor and Atmos Gas facilities. The site is heavily encumbered with above ground utility equipment and utility easements that are being used. TMPA has informally deliberated, possibly considered selling their portion of the land that the City of Denton or other franchised utilities may have an interest in a future procurement. • Currently(as of mid-May 2018) Kings Row Substation is the only substation that is actually out of service. All of the above ground de-energized equipment remains on site. Some of the equipment parts have been used to help supplement repairs of the sister Hickory substation. The old Kings Row and Hickory Substations are considered sister substations since they both utilize similar 1960's vintage equipment. The old substation site remains one of staging sites on the northeast side of Denton for materials and equipment for the capital improvement program which will continue for the next few years. There are a few options for King's Row and some factors that will affect the availability of the site: — The old Kings Row substation site is located in the Northeast portion of Denton, the location has been strategically located for staging of electrical materials and equipment related to CIP projects. The DN to AR transmission line construction just concluded this month; therefore, the staging area use need related to substation and transmission CIP projects is diminishing. However, it should be pg. 1 22 Date: May 25, 2018 Report No. 2018-066 noted that the strategic location of the site could also lend itself for consideration as a possible long term staging or storage area for distribution line items such as fuses, wooden cross arms, insulators, lightning arrestors, etc., that would aid in improving or speeding up outage restoration times in this area of Denton. This nice heavily treed area in Denton has been identified on a heat map that was shown at a recent Council meeting, as an area that has historically experienced its fair share of outages caused by squirrels. Having typically used distribution materials staged in this strategic area where most needed, could be a positive benefit for the adjacent neighborhoods — The site could be cleared by a contractor after it is bid out. It then must be remediated environmentally by another contractor after bidding. In order to make it available for a possible public repurposed use it would be 18-24 months at a cost of approximately$2M. — Another option available would be to have DME use its labor resources to retire the equipment other than the transformers. This has potential for reducing the cost. The environmental remediation and site restoration work would still have to be accomplished after DME has removed equipment from the site. For it to be available for repurposing in a 3 to 5 year timeframe, the overall cost might be reduced as much as half, especially if the work could be sequenced with work in other stations. — With the potential environmental (hydrocarbons) and unknown bidding factors, it is difficult to be more definitive on both cost and time. Work would most likely be disruptive to the neighbors with cranes, large trucks and equipment required over a 6 to 9 month very active timeframe. — The intended end use and any drainage requirements could also have an impact on the cost. — One other item needs mention. The above costs are predicated on the existing precast concrete fence remaining in place. Changes to or replacement of the fence would add cost. • The old Locust Substation site is presently serving a large majority of the downtown customers, including a significant portion of the residential, commercial, and industrial customers in the area such as Acme Brick. Once the transmission line segments on both sides of Locust Substation are fully converted to 138kV and all of the customers have been moved over to the new Locust site, then the old Locust substation site can be de- energized. It should be noted that a major fiber optic hub is being utilized in the brick building at the old Locust Substation site. DISCUSSION: As described on the second and third pages of the previous 2017 ISR, multiple steps are necessary to retire an old unused substation site and to consider possible repurposed uses. The removal of equipment will likely be the least expensive part of the station retirements. It is pg. 2 23 Date: May 25, 2018 Report No. 2018-066 possible that DME's substation field personnel can undertake the retirement of the equipment in substations once the ongoing new CIP project work nears completion. Doing it sooner will likely require going out to solicit contractors that specialize in removing old substations in or near energized high voltage environments to ensure that it does not negatively impact the reliability to the citizens in Denton and that it can be performed in the most safe manner possible. CONCLUSION: In conclusion, the primary focus to date has been on safely and reliably constructing projects that benefit the citizens of Denton while solving electric system transmission and distribution(T&D) deficiencies and contingencies that have been identified. Staff will keep the Public Utilities Board and City Council updated as timing and opportunities arise to shift resources necessary to fully decommission the old sites and equipment. ATTACHMENT(S): 1. ISR 2017-026 Retired Substations STAFF CONTACT: Brent Heath Executive Manager of Energy Delivery (940) 349-7180 Brent.Heath@cityofdenton.com pg. 3 24 ATTACHMENT 1 Date: April 28, 2017 Report No. 2017-026 --------------------------------------------------------------- INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Council Member Briggs requested information on a process to review potential land use options for retired electric substation sites. BACKGROUND: At the March 21, 2017 Council meeting, Council Member Briggs requested a work session on determining a process to review old substation sites and possible land use options. DME's Capital Improvement Program has several projects to construct new substations or reconstruct existing substations during the transmission system upgrade from 69kV to 138kV, which began in 2011 and will continue through 2022. DISCUSSION: There are a few potential substation sites where land reuse could occur in the future due to the new construction or reconstruction. Most of these sites are in various stages of the design and construction process,and old sites that have recently been de-energized are still needed operationally and logistically for the staging of equipment and/or back-up operations until the transmission system upgrade project progresses closer to completion. This memo will provide a brief description of potential sites where land may be available for reuse and discuss general steps and guidelines for a process. Potential Sites There are two substation sites that will be newly constructed at a separate location and their respective old substation sites may no longer be necessary to DME. The first site is Kings Row substation (Attachment 1). The new Kings Row substation (at the corner of Kings Row and Loop 288) is fully operational and the old site to the west on Kings Row Street was de-energized in late 2016. Although the old site has recently become inactive, a few steps need to take place before it is fully decommissioned, no longer useful, and can be considered for other uses. The old site is an important staging site for materials and equipment for the conversion of the entire transmission system to 138kV, until at least 2-3 years out when the project progresses closer to completion. The second new construction substation where the old site may no longer be necessary is the Hickory substation(Attachment 2). The new Hickory substation was selected to be constructed on a site directly across the street from the existing Hickory substation, across Bonnie Brae Street to the East. This project is in the GIS substation and UG Transmission design phase and the new Hickory Substation will not be online and operational until 2020. In addition to those two new construction sites, there are a few substation sites being reconstructed, which could open partial land segments for repurposing or other landscaping or beautification efforts. However,the exact site design and configuration may not be known until the sites are through the entire process with a plat, design, environmental assessment, land acquisition, permit, and construction. Variables through this process may influence if, and how much land, is available or no longer useful. The following are the potential reconstruction substation sites where partial land may be available: Locust, North Lakes, Arco, Industrial, and Jim Christal (Attachment 3). pg. 1 25 Date: April 28, 2017 Report No. 2017-026 Steps to Retire a Site and Potential Process for Reuse Although these old substation sites may become inactive, they may be necessary in the interim to serve as a staging area for the system upgrade project, to provide back-up if required, or may contain other equipment owned and operated by TMPA where removal and proper asset retirement must be coordinated. The below description generally outlines a process to decommission a substation site once it is no longer required for electric operations and how the property could be considered for other uses. 1. Sale, Disposal, and Removal of Assets — DME will work with the City's Accounting and Purchasing Department to properly and legally retire and dispose of the older assets that are no longer required nor useful to the City. All of the large and heavy equipment such as Power Transformers, Switchgear, Control Building, and Structural Steel remain on site after a substation is de-energized. Very large and heavy items such as the Power Transformers and Control Buildings are not easily moved, and will go through either an RFP process or Auction process for disposal and removal from this site by the awarded party. 2. Environmental Assessment — When the City purchases or sells property, an environmental assessment must be performed by an independent professional, and staff recommends the same process be undertaken if these sites are to be used for other purposes. Generally, there are two phases to an environmental assessment. The first phase is a preliminary assessment by a qualified individual to analyze historical land use of the property, current use, assessment of what is on the property or around the property, and a number of other factors to make a determination if there is a Recognized Environmental Condition ("REC") indicating the possibility of contamination. If a REC determination is made,there is a second phase to perform sampling and testing. This sampling and testing depends on the RECs, but often includes soil and shallow ground water testing. Samples are sent to a lab to test for contaminants, and the results are compared to either residential or commercial standards depending on the anticipated future land uses. If contaminants are found, a plan is developed to remediate the site to acceptable standards. 3. Potential Uses — Concurrent with the first two steps, staff can perform an analysis of each site looking at its past uses,location, size,configuration,public access,public safety considerations, adjacent and neighboring properties, nearby amenities, and so forth, and provide options for consideration depending upon the features of each site. Generally, staff believes a site could(1) become a public space(such as a park, open space,landscaped area, community garden, or tree stand), (2) be maintained by the City for other operational purposes, or (3) be offered for sale (adjacent land owners may have interest). Because of the differences between each site, potential uses could vary; however, most of the sites are small and are more likely to be compatible for an open space, landscaped area, community garden, or tree stand. The analysis and options could be used to then facilitate potential site repurposing discussions and gathering of citizen and neighborhood input and ideas. 4. Citizen and Neighborhood Involvement — After assets are removed and an environmental assessment and remediation (if needed) is completed, staff could facilitate site repurposing discussions for potential uses led by the Community Affairs Division and DME. A similar method to DME's use of public input received through the electric site and route selection processes for the CIP program could be used to gather citizen ideas, through citizen mailings, IVR phone calls, and formally scheduled public Open Houses for each of the surrounding pg. 2 26 Date: April 28, 2017 Report No. 2017-026 --------------------------------------------------------------- neighborhoods. All citizen input and recommendations could be collected through electronic surveys that would be filled out at each public open house and for several weeks subsequent to each public open house meetings. The citizen survey data could be analyzed to help provide both the Public Utilities Board and the City Council possible ideas and recommendations based upon the most favorable citizen ideas and input. Any options presented would include public input received, actions and funding required (both one-time and ongoing), and review of land use compatibility and zoning regulations. CONCLUSION: DME has primarily focused its resources on safely and reliably completing all of the approved projects included in the substation and transmission line upgrade program, but plans to shift resources as the program progresses to fully decommission the old sites and equipment. Staff respectfully requests to come back to Council within the next 18-24 months to provide an update on DME's CIP program with a status on each of these potential sites and a proposed process including a timeline and resources to review property that will be no longer useful nor necessary for electric operations. ATTACHMENTS: 1. Map of Kings Row substation 2. Map of Hickory substation 3. Map of various reconstruction substations STAFF CONTACT: Phil Williams General Manager Denton Municipal Electric Rhil.williams cTcityofdenton.com (940) 349-8356 Sarah Kuechler Assistant to the City Manager sarah.kuechler(a7 cityofdenton.com (940) 349-8356 pg. 3 27 W z 3 O Hr OQ1 1 cc i F lv 0 0 8� 2 HONVUS H3d003 8 N U HONV218 3 H3d003 O tr w c� z V 300 V 0 o J W y W ■ V t� F z 0 w 0 z V O LL 0 3 = o C o 0) LU > a�'y a X S3Nf1O OV O co _ = co pcA co c co y � O 0 c o t z_ N3101S3AHVH x _ 2 � n 0 U) u 3 0 o i U NX X -Ca z w IH3AIVO 3NNVIIHVW Des � , - W J W J a �i 28 0 3" w Z-*- 0 SVWOHl _ N rn N c H N >+ 0 N N U g Y ... J .. C1 W _ H 3" H O O y �V BONNlE BRAE L co OLL N O 0 O cn 00 c r u) O c cu 0 L O C) C _ VJ O llD^ 0) VJ Z LU A 29 W z m � � j 0 -a N � co N co H 00 9 CO N LL N N N " N L u � � i m i 00 N LL co .. 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"� /�;r/ aa�l '� „I ��"may✓�,� s. �, � ft� �-_� L�"rG-:3. :off � _ /� _ yr,,i, i• �{, — - ♦' �i � _ _ _ � -� - �� NN IA yy I � .�i•'^fir.'..- !�i►lir•.e�n A'.at _ icy ,•,� loe rl . (� sy yr r .�u► a Y ./'. � ids C /- •� j-,� jo' — - It I * ' Service Center Perimeter Improvements Conceputual Design • -7 Solid Fencing with - - Landscaping ' At ... IVY` Solid Fencing with Existing Landscaping .� "' 34 Conceptual O- Service Center Fencing 77 1: tl 35 Conceptual Design: Service Center Fencing obiiiil+wyleOX AVAi 7.2 i L) E11 O . law Water Conservation Plan and Drought Contingency Plan 2019 4 CITY 37 COF DENTONDrainage Plan Objectives Water Conservation Plan Drought Contingency Plan • To reduce water consumption. • To conserve the available water supply in times • To reduce the loss and waste of water. of drought and emergency. • To maintain supplies for domestic water use, • To identify the level of water reuse. sanitation, and fire protection. • To improve efficiency in the use of water. • To protect and preserve public health, welfare, • To extend the life of current water supplies and safety. by reducing the rate of growth in demand. • To minimize the adverse impacts of water supply shortages. • To minimize the adverse impacts of emergency water supply conditions. 38 Denton 's WaterSupply Lake Lewisville Lake Ray Roberts 100% FULL 99.9% FULL Capacity 563,223 acre-ft Capacity 788,167 acre-ft Cross Roads Lincoln Park GB Oak Point Shady Shores Little Elm Corinth Hackberry _ <� Pilot Point 4, Lake Dallas Copper �tD Sanger Ray Roberts Canyon Highland Lake village State Park tana The Colony m ,uble Oak ® LLELA Nature Preserve sy 39 Denton 's Water Rights Lake Lewisville Lake Ray Roberts 11% 26% ff��cc -1 Cross Roads zaa Lincoln Park Oak Point Shady Shores Little Elm Corinth Hackberry _ I'M Pilot Point �G Lake Dallas Copper Sanger Ray Roberts Canyon Highland Lake Village State Park tans The Colony 377 ,uble Oak ® LLELA Nature Preserve 40 ConservationPlanHighlights Per Capita Usage Goals Unit 2000 2005 2009 2014 2019 2024 2029 City of Denton 80,537 98,965 111,814 120,820 133,610 147,516 162,870 Population Gallons PerCapita gpcd 189 179 160 158 140 152 152 per Day Best Management Practices • Customer Metering Program • Public Education and Partnerships • Water Audit • Leak Detection and Repair • Landscape Management Ordinance 41 Drought and EmergencyResponse Stages • Stage 1, Mild • Water reduction goal of 5% Triggering Conditions: A. Lakes drop below 65% of the total conservation storage B. Water demand reached or exceeds 85% of delivery capacity for 4 consecutive days C. Demand approaches a reduced delivery capacity, System failures, or contamination Conservation Methods: • Required day-of-week watering • Encouraged reduced water use 42 Drought and EmergencyResponse Stages • Stage 2, Moderate • Water reduction goal of 15% Triggering Conditions: A. Lakes drop below 50% of the total conservation storage B. Water demand reached or exceeds 90% of delivery capacity for 3 consecutive days C. Demand equals a reduced delivery capacity, System failures, or contamination Conservation Methods: • Required day-of-week watering • Restrictions for water use in ornamental fountains, transportation vehicles, pools, and foundations • Prohibition of recreational water use and hosing off paved surfaces 43 Drought and EmergencyResponse Stages • Stage 3, Severe • Water reduction goal of 20% Triggering Conditions: A. Lakes drop below 35% of the total conservation storage B. Water demand reached or exceeds 95% of delivery capacity for 2 consecutive days C. Demand equals a reduced delivery capacity, System failures, or contamination Conservation Methods: • Irrigation of landscape is absolutely prohibited • Use of water to wash any transportation vehicle is prohibited • The filling, refilling, or adding of water to pools is prohibited. Existing pools have exceptions. • Prohibit operation of ornamental fountains or ponds except where necessary to support aquatic life or if they are equipped with recirculation system. • No Applications for water service connections, metered service lines, facilities (etc) will be approved. • Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction is prohibited. • Request a 25% reduction of indoor water uses. 44 Visit us online for more information Cityddenton . com Government > Departments > Water Utilities Sustainabledenton . com i CONSERVE OUR WATER 45 Farmers Market ° 0 Event Application IN- DENTON Consumer Health Division 215 W Hickory St. Denton, Texas 76201 Office 940.349.8360 Fax 940.349.7208 YOUR APPLICATION SHALL BE RECEIVED AT LEAST 14 DAYS PRIOR TO THE EVENT.APPLICATIONS RECEIVED LESS THAN 2 DAYS PRIOR TO THE EVENT MAY NOT BE APPROVED OR THE MENU MAY BE RESTRICTED. ONCE THE APPLICATION IS APPROVED,NO CHANGES MAY BE MADE WITHOUT APPROVAL BY A HEALTH OFFICER.UNAUTHORIZED CHANGES MAY RESULT IN A PERMIT SUSPENSION. $240.00 Farmers Market Permit per Year $40.00 Farmers Market Permit per Month Name of Booth: Contact Person: Email: Home Address: City: Zip: Phone: Farmer's Market: Market Coordinator: Phone: Market Address City: Zip: Market Dates: Market Hours: List the location where the food is prepared & stored and which city permits that location. Facility Name: Address: City: Zip: Permitting Agency: Dates & Times Kitchen Used: MENU(including beverages, and all extra ingredients served) and PREPARATION PROCEDURES: Check which preparation procedure each menu item requires at the Restaurant: Food Thaw Cut/ Cook/ Cool Cold Reheat Hot Portion/ Storage Assemble Bake Holding Holding Package Check which preparation procedure each item requires at the Market: Food Cold Cook/ Reheat Hot Assemble Other Holding Grill Holding I *NOTE:If your preparation procedures cannot fit these charts,please list all of the steps in preparing each menu item on a separate sheet. "Dedicated to Quality Service" www.cityofdenton.com 46 How will you provide temperature control for potentially hazardous foods? Circle as many as you will be using. Foods must be 41°F or colder, or 1351F or hotter. Check with your digital thermometer Hot holding: steam table, oven, BBQ, gas grill, wok, steamers, stove, hot holding case, other(list) Reheating or cooking: oven, BBQ, gas grill, wok, steamers, stove, other(list) Cold holding: refrigerator, refrigerated truck, refreezable ice/cooler, dry ice/cooler, drained iced, freezer, other(list) During Transport: Booth Description: Floor Roof Walls" Ceiling shall be of wood, canvas, or other material that protects the interior of the booth from the weather, windblown dust, birds, and debris. Floors shall be of a cleanable material, not grass or dirt. (Examples of flooring: concrete, machine-laid asphalt, dirt or gravel if covered with mats, removable platforms, duckboards, or other suitable materials that are effectively treated to control dust and mud.) "Screening for walls may be required if flying insects and other pests are present. BOOTH REQUIREMENTS MUST BE IN PLACE BEFORE PERMIT WILL BE ISSUED. A LIST APPEARS ON NEXT PAGE: I acknowledge receipt of a copy of the food booth requirements and understand that failure to comply with the City of Denton Ordinance may result in citations for violations and/or closure of the booth until violations are corrected: Signature of Operator Date (Signing this application indicates that all guidelines will be met) "Dedicated to Quality Service" www.cityofdenton.com 47 FARMERS MARKET FOOD BOOTH REQUIREMENTS: 1. Provide a gravity flow handwashing station in your booth. This consists of an insulated container, with a capacity of 5 gallons or more, filled with warm water (100°F). The container shall be equipped with a spigot that can lock in an open position. Also, provide a tub or bucket for waste water, pump soap dispenser, and paper towels. You shall check the handwashing facilities throughout the day and refill when needed. WASH HANDS OFTEN! 2. Barehanded contact with ready to eat foods is prohibited. Use disposable gloves. Sick food workers shall not be present. 3. Provide a sanitizer solution for wiping cloths. This solution shall consist of at least 1 teaspoon of bleach per gallon of water. 5. Provide a digital stem thermometer if you serve potentially hazardous foods. Check temperatures frequently. (41°F or colder- 135°F or hotter) 6. Foods prepared, cooked, or displayed on the front counter shall be protected with a sneeze guard. 7. Have copies of food handler cards available in the booth. 8. Provide potable water from an approved source. 9. Dispose of all wastewater into the sanitary sewer. Disposal of wastewater in storm drains or on the ground is prohibited. 10. Have a (3) container setup for ware washing prior to preparing food. The requirements for each container are as follows: 1) Washing container- Soapy water for washing utensils or anything that needs washing 2) Rinsing container- Clean water for rinsing utensils 3) Sanitizing container - Water that has bleach (1 tablespoon per I gallon of water) or other approved sanitizer. (Refer to TFER) 11. Storage. All food and single service utensils, napkins, etc., shall be stored at least 6 inches off the ground. 12. Only food from approved sources will be permitted. Home preparation or storage of food at home is prohibited. All condiments, including relish, catsup, etc. available for customers shall be in single service packets, or dispensed from sanitary dispensers. Single service plates and utensils shall be provided. 13. Foods shall be protected at all times. Open or unprotected displays of food will not be permitted. All food and food supplies are to be stored a minimum of six (6) inches off the ground. 14. Ice used for human consumption shall be stored properly, and be separate from ice used to refrigerate food, drink bottles, or cans. "Dedicated to Quality Service" www.cityofdenton.com 48 15. All employees shall wear clean clothes and effective hair restraints. 16. Eating, drinking, and/or using tobacco, in any of its forms, is prohibited in food preparation or service areas. Drinks are allowed only if they are covered with a lid and consumed through a straw. 17. All trash shall be contained in leak-proof, non-absorbent containers lined with plastic bags, and covered. 18. Toxic items shall be properly labeled and stored away from food or food supplies 19. A fire extinguisher is required at each food booth. 20. Animals shall be kept on a leash a minimum of 10 feet away from any food booth. **** Please note: Your Health Permit will be delivered to you during inspection"" "Dedicated to Quality Service" www.cityofdenton.com 49 Contacts: Unitedv y Gary Henderson 6' (940) 566-5851 Ext. 104 W- Gary@UnitedWayDenton.orq Marci Pritts United Way (940) 566-5851 Ext. 122 of Denton County, Inc. Marci@UnitedWayDenton.org UnitedWayDenton.org 1314 Teasley Lane• Denton,Texas 76205•www.UnitedWayDenton.oro FOR IMMEDIATE RELEASE: make r HOMELESSNESS RARE, BRIEF & NONRECURRING UWDC AWARDED FIRST-TIME GRANT IN LOCAL FIGHT VS. HOMELESSNESS Receives close to $124,000 to fund supportive services to improve coordination of homeless resources. DENTON, TX (March 19, 2019) — United Way of Denton County (UWDC), in partnership with its collaborative initiative the Denton County Homelessness Leadership Team, was recently awarded a first- time grant of$123,926 to support the local fight against homelessness. The grant will help improve coordination of homeless services and communication between providers in Denton County, as well as support continued expansion of the Coordinated Entry System to better serve people experiencing homelessness throughout the community. Awarded by the US Department of Housing and Urban Development through the Texas Balance of State Continuum of Care,this grant is the first of its kind to be awarded in Denton County. The Texas Balance of State Continuum of Care is a group "made up of all service providers, advocates, local government officials, and citizens who work to eliminate homelessness in 215 of Texas' 254 counties." (Texas Homeless Network) Denton County is the first community in Texas to receive this type of funding,which is separate from the Emergency Solutions Grant received by local nonprofits in collaboration with the City of Denton. "This grant award demonstrates our ability to facilitate high-level collaboration and bring critically needed funding into our community," said United Way of Denton County President and CEO Gary Henderson. "Achievements like this simply cannot happen when working in isolation. Congratulations to every organization represented on the Denton County Homelessness Leadership Team;this is a win for our neighbors who are desperately in need of our help!" Since October of 2016, UWDC and the Denton County Homelessness Leadership Team have facilitated the development, implementation, and continuous planning of a Coordinated Entry System (CES) in use by a county-wide network of shelters and service providers. Data from CES launched the Homelessness --MORE-- 50 Homelessness Grant Award cont.—Page 2 of 2 Data Dashboard which provides an online, up-to-date overview of families, individuals, and students across Denton County experiencing homelessness. Community partners identified a lack of accessible and affordable housing and limited case management capacity as barriers to getting and keeping people housed. Housing providers are primarily located in Denton and Lewisville,the two largest cities within the county, limiting the community's ability to reach populations in rural areas. The grant from HUD will support the expansion of the CES throughout the county and the efficient placement of households identified through CE into permanent housing by underwriting two staff positions at UWDC: a Coordinated Entry Intake Specialist and a Homeless Housing Navigator. The Coordinated Entry Intake Specialist's role is to increase access to CE in rural parts of the county and for those with barriers to access. This position supports over 14 agencies in CE and increases the capacity of the county to meet the needs of households experiencing homelessness via mobile and tele- assessments. A dedicated Homeless Housing Navigator centralizes communication between landlords and housing service agencies to increase access to safe and affordable housing for Denton County households in crisis. This mitigates risks for landlords renting to households with blemishes on their rental histories and/or criminal records. "These funds power informed people-centric solutions to meet complex needs," added Courtney Cross, United Way of Denton County Director of Homelessness Initiatives and author of the grant proposal. United Way of Denton County(UWDC)serves as facilitator for the Denton County Homelessness Leadership Team (DCHLT), a collective impact initiative to ensure that homelessness is prevented when possible, and when it is not that it is a rare, brief, and nonrecurring experience. The DCHLT is a 23-member appointed body of stakeholders from multiple sectors tasked with developing and implementing a strategic vision for increasing access to housing for all Denton County residents. For more information, visit www.unitedwaydenton.org/homelessness. We LIVE UNITED 4 Denton County to help guide and to advocate for CHILDRENI OVERALL & FAMILIES VETERANS � MENTAL THRIVE &THEIR FAMILIES HEALTH 51 SOME ■�10misto, �■■� �- IIIIII IIIIII■ 1111111■ ■ - - - ■ i��■� �■ IIIIII IIIIII■ IIIII (IIIIIIIII M ■ . ■■n ■IIII '' �� �� �� �� �- IIIIII IIIIII■ — :0 - n: is ■II IIIIII IIIIII IIIIII■ — -- = — —' -- �� ■■ ii �� �� �— ppp �: :: . 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J,=,--,,� __II'"_I='I■ ■_!-_.=.11m1e I!-■■III r�- ■_�I1�II1I1II1II1I1II1■��� � - _!� IIII gull 111 Mo �11- ■IIII■ 11■ ■� II■ _ • 111- NINE _=�= = = ��IIII► ( = ■-IS ON _ willWOK ME MIM _. ._. Ills �11� IIII - _ ■II■■ __ —� _►�' !91ga __ �. -r_ -1 111 ■■I ■■ ■- - ■r ■ Yi= - Ns ` oh /� ■: �■ !! �p p�l lom ■M ■_■ ■�LIIIIIIII 111111111\ ��\\III 11 IN i ■■ M■ ■� ■ -■ i :�� = =1:I 1■IIIIII: ■ I■ Il■Ili � ■ ■ IIIIII■ ■ I n �■■� - - - _ � ■111111111■111■11: T � - i � ■IIL ■IIIII■_ ■_■ � �111- _ •��:un■nu �� I _ = :■ ll■ :MEIN :IIII= 11: �■ _ �'IIIIIIG I� =■■_ ■■■■■IIIII - :�,I 1 ■■ nm■uu■ ■ ELM Ill will ■11� / � ■_ �1 1i 111` 1111,i 111 \ �1 - = =■ ■ �����������■ IIII-1- , 1 FAA 1 Se BeL \ -_ - - �, IIIluuuuu�I I �: ■■ _� � = == a; = i� _ :IIII■II�I.�■��� ■ : Annual Traffic Contact Report DENTON POLICE DEPARTMENT EST -- Li ON P� 53 ( ITY O DENTON DEPARTMENT OF POLICE 601 E. Hickory Street,Suite E • Denton,Texas 76205 • (940)349-8181 • FAX(940) 349-7966 February 25, 2019 Denton City Council 215 E. McKinney Street Denton, TX 76201 Dear Distinguished Members of the City Council: The Texas Racial Profiling Law requires the Denton Police Department, along with all other law enforcement agencies in Texas, to collect certain information about motor vehicle traffic stops conducted by the department's officers. During the past year, the Denton Police Department has collected traffic and motor-vehicle data for the purpose of identifying and addressing,if necessary, areas of concern regarding racial profiling practices. In 2017, the Texas Legislature enacted the Sandra Bland Act, which requires law enforcement agencies throughout the state to collect additional data and provide detailed analysis about the departments practices while conducting traffic and motor-vehicle related activity. In addition, the Texas Legislature enacted HB 3051, which introduced new racial and ethnic designations that are to be used when documenting traffic related activity. The Denton Police Department is a Tier 2 agency for the purposes of reporting racial profiling data, which adds more requirement to the information that must be documented and submitted to the Texas Commission on Law Enforcement(TCOLE)prior to March 1 each year. Denton Police Officers routinely perform traffic stops or motor vehicle stops, and also equips the department's patrol vehicles with audio/video equipment to document motor vehicle contacts. The Denton Police Department fully complies with the Texas Racial Profiling Law by detailing the gender, race and ethnicity of all persons issued a citation or arrested in conjunction with a traffic stop or motor-vehicle contact. In addition, officers document whether a vehicle search was conducted, a description of any contraband discovered during the search, and whether officers used force resulting in bodily injury during the stop. 54 The enclosed 2018 Annual Traffic Contact Report includes a detailed statistical analysis related to contacts made during motor vehicle stops as well as copies of relevant state law and departmental policies related to the topic of racial profiling. The analysis confirms there is no evidence that officers of the Denton Police Department engaged in racial profiling in 2018. The Denton Police Department prohibits the practice of racial profiling and the department is in full compliance with Texas Racial Profiling Law. Sincerely, Frank Dixon Chief of Police Denton Police Department 55 Table of Contents Requirements of Texas Racial Profiling Law.................................................................................................1 ComplianceChecklist....................................................................................................................................1 AgencyRacial Profiling Report......................................................................................................................3 Dataand Analysis..........................................................................................................................................5 DemographicAnalysis...............................................................................................................................5 SearchesConducted .................................................................................................................................8 Was Race Known Before the Stop ............................................................................................................9 ContrabandFound....................................................................................................................................9 Useof Force During the Stop..................................................................................................................10 Factors Affecting Outcomes....................................................................................................................10 ClosingStatement.......................................................................................................................................11 APPENDIX ONE - RACIAL PROFILING LAW...................................................................................................12 APPENDIX TWO -THE SANDRA BLAND ACT................................................................................................19 APPENDIX THREE - DENTON PD RACIAL PROFILING POLICY.......................................................................35 APPENDIX FOUR - DENTON PD POLICY ON BODY WORN CAMERAS..........................................................41 APPENDIX FIVE - DENTON PD RACIAL PROFILING TRAINING......................................................................49 56 Requirements of Texas Racial Profiling Law The State of Texas defines racial profiling as a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas Code of Criminal Procedure Article 3.05). Texas peace officers are prohibited from engaging in racial profiling and the State of Texas requires that a law enforcement agency,in accordance with Article 2.132 (7)of the Texas Code of Criminal Procedure, annually report to both its governing body and the Texas Commission on Law Enforcement (TCOLE), data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched, and/or arrested. In addition to an annual racial profiling report, Article 2.132 requires that the police department: 1) Adopt a detailed written policy on racial profiling that defines acts constituting racial profiling and strictly prohibits such conduct 2) Implement racial profiling complaint procedures and educate the public about the process for filing a racial profiling complaint 3) Take corrective action against officers who violate the agency's racial profiling policy 4) Collect information on motor vehicle stops related to the race or ethnicity of the individual stopped, whether a search was conducted, whether the search was consensual, and whether the officer knew the race of the individual prior to conducting the stop. 5) Submit an annual report of the information collected to TCOLE and the Denton City Council. Compliance Checklist I. Adoption of Racial Profiling Policy ® Completed Denton Police Department General Order 14.3, Bias Policing and Racial Profiling Policy, revised January 1, 2018 goes beyond statutory requirements and prohibits officers from engaging in bias policing, racial profiling, or stopping, detaining, searching, arresting, or taking any enforcement action including seizure or forfeiture activities, against any person based solely on the person's race, color, ethnicity, ethnic background,national origin, citizenship, cultural group,religion, age, creed, sex, sexual orientation, disability, economic status or other identifiable group. (See Appendix for full text) II. Complaint Procedures and Public Education ®Completed Article 2.132 (b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. Denton Police Department General Order 14.3.8 covers this requirement. In addition, the department's website has information regarding racial profiling, including directions on how to file a racial profiling complaint. I I P a g e 57 III. Corrective Actions Against Officers Who Engage in Racial Profiling ®Completed Denton Police Department General Order 14.3.6 mandates disciplinary action up to and including indefinite suspension for officers who violate the racial profiling policy. IV. Collection of Statistical Data on Motor Vehicle Stops ®Completed Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic stops in which a citation was issued, or an arrest was made because of these stops, including specific information on the race of the person cited or arrested. Information must also be collected concerning the searches of persons conducted, the reason the search was conducted, whether contraband was seized during the search, and a description of the contraband seized. In addition, information is collected describing the reason for an arrest, and whether physical force resulting in bodily injury was used during the stop. V. Perform an audit and analysis of the information collected ®Completed VI. Indicate whether the race/ethnicity was known before the stop ©Completed VII. Produce an annual report on police contacts by March 1, 2019 Completed VIII. Adopt a review policy for audio/video documentation of a stop ®Completed Denton Police Department General Order 4.7, Body Worn Video Procedures, revised April 6, 2015, requires officers to use the body worn camera system when answering calls for service, conducting a traffic stop. The policy covers the uploading of the digital video, and specifies the actions to be recorded. (See Appendix for full text) 2 1 P a g e 58 Agency Racial Profiling Report TOTAL STOPS: 20,476 1. Gender 1.1 Female: 8,559 1.2 Male: 11,917 2. Race or ethnicity 2.1 Alaska Native/American Indian: 126 2.2 Asian/Pacific Islander: 489 2.3 Black: 3,326 2.4 Hispanic/Latino: 3,305 2.5 White: 13,230 3. Was race or ethnicity known prior to stop? 3.1 No: 18,292 3.2 Yes: 2,184 4. Reason for stop? 4.1 Moving traffic violation: 15,439 4.2 Pre-existing knowledge: 489 4.3 Vehicle Traffic Violation: 2,126 4.4 Violation of Law: 2,388 S. Street address or approximate location of the stop 5.1 City Street: 15,000 5.2 County Road: 135 5.3 Private Property or Other: 894 5.4 State Highway: 556 5.5 US Highway: 3,891 6. Was a search conducted? 6.1 No: 20,032 6.2 Yes: 444 7. Reason for search? 7.1 Consent: 101 7.2 Contraband in Plain View: 15 7.3 Incident to Arrest: 144 7.4 Inventory: 23 7.5 Probable Cause: 161 3 Page 59 8. Was contraband discovered 8.1 No: 208 8.2 Yes: 236 9. Description of contraband 9.1 Alcohol: 32 9.2 Currency: 2 9.3 Drugs: 158 9.4 Other: 33 9.5 Stolen Property: 7 9.6 Weapons: 4 10. Result of the stop 10.1 Arrest: 42 10.2 Citation: 15,387 10.3 Citation and Arrest: 199 10.4 Verbal Warning: 2,147 10.5 Written Warning: 2,691 10.6 Written Warning and Arrest: 10 11.Arrest based on 11.1 Outstanding Warrant: 26 11.2 Violation of City Ordinance: 11 11.3 Violation of Penal Code: 196 11.4 Violation of Traffic Law: 18 12. Was physical force resulting in bodily injury used during stop? 12.1 No: 20,390 12.2 Yes: 86 4 Page 60 Data and Analysis Article 2.132 (7) of the Texas Code of Criminal Procedure, requires police departments to submit an annual report to the agency's governing body and the Texas Commission on Law Enforcement (TCOLE), detailing the race or ethnicity of individuals stopped for traffic violations and subsequently cited and/or arrested,person searched, items seized, and physical force used. Racial Profiling Law requires an analysis of the information collected during a motor vehicle stop to include: • Total motor vehicle stops conducted of persons who are recognized as members of five specified race/ethnicity groups: White,Hispanic/Latino,Black,Asian/Pacific Islander, and Alaska Native/American Indian. • Total motor vehicle stops by race/ethnicity to include the number of stops in which a search occurred, and the type of search conducted. • Total motor vehicle stops by race/ethnicity to include the number of stops in which contraband was discovered, and the type of contraband seized. • Total motor vehicle stops by race/ethnicity to include the number of stops in which physical force was used, and whether the use of force resulted in injury Racial Profiling Law also requires that information related to each complaint files with the Denton Police Department alleging that an officer has engaged in racial profiling. Demographic Analysis Chart 1 identifies the percentage of the population for the City of Denton and Denton County by gender and by race/ethnicity. For the purposes of this report, the 2018 total population of the City of Denton is estimated to be 136,268, and the 2018 total population of Denton County is estimated to be 836,210. These demographic and population estimates were obtained from the U.S. Census Bureau 2017 estimates of population published in July 2017. The preliminary estimates for 2018 population will be available in April 2019, and a finalized estimate of 2018 population will be available in July 2019. Chart 1. 2018-City&County Demographics City of Denton Denton County GENDER Number % Number % Male 65,681 48.2% 411,415 49.2% Female 70,587 51.8% 424,795 50.8% 2018 Estimated Population 136,268 100% 836,210 100% City of Denton I Denton County RACE/ETHNICITY Number % Number % White 82,772 60.74% 500,848 59.90% Hispanic 33,490 24.58% 163,864 19.60% Black 13,344 9.79% 87,008 10.41% Asian/Pacific Islander 5,979 4.39% 76,889 9.19% Alaska Native/American Indian 683 0.50% 7,6011 0.91% 2018 Estimated Population 136,268 100% 836,210 100% 5 Page 61 Chart 2 illustrates the outcomes of motor vehicle contacts. In 2018, Denton Police Officers conducted 20,476 traffic stops. Of the total stops conducted, 42 (.02%) resulted in arrest, 15,387 (75.1%) resulted in the officer issuing a traffic citation, 199 (1.0%) resulted in citation with an arrest, 2,147 resulted in a verbal warning, 2,691 resulted in a written warning, and 10 (0.05%) resulted in a written warning with an arrest. Chart 2. 2018 Outcome of Motor Vehicle Contacts Citationw/ Verbal Written written warning Arrest Citation Arrest Warning Warning w/Arrest All Stops Race/Ethnicity Total % Total % Total % Total % Total % Total % Total % Asian/Pacific Islander 0 0.0% 371 2.41% 2 1.0% 59 2.7% 57 2.1% 0 0.00/0 489 2.39% Black 9 21.4910 2,339 15.20%1 33 16.6% 522 24.3% 422 15.7% 1 10.09/o 3,326 16.24910 Hispanic/Latino 16 38.1% 2,523 16.40% 39 19.6% 382 17.8% 343 12.7% 2 20.09/6 3,305 16.149/. Alaska Native/American Indian 1 2.49/o 80 0.52% 0 0.00/ 23 1.1% 22 0.89/o 0 0.0p/o 126 0.62% White 16 38.1% 10,074 65.47% 1251 62.No 1,1611 54.1% 1,847 68.69/o 71 70.01/o 13,230 64.61% TOTAL 42 100.0•/ 15,387 100.00/0 1991 100.0%1 2,1471 100.0y.1 2,6911 100.0%1 101100.0%1 20,476 100.00% Chart 3 illustrates race/ethnicity demographics for all traffic stops conducted by Denton officers between January 1, 2018 and December 31, 2018 as compared to the population of the city and the county. Chan 3:All 2018 Trafnc stops Chart 4 illustrates race/ethnicity demographics for all motorists receiving citations between January 1, 2018 and December 31, 2018 as compared to the population of the city and the county. Chart 4:201e Traffic Stops with Citations Issued p 54 x.w � ry.uu ;� xo 6 Page 62 The racial groups contacted during all traffic stops (20,476) was compared to the number of ticketed or arrested drivers (15,387) in each racial group. White Motorists. Of all motorists stopped in Denton in 2018, 13,230 (64.61%)were White. Of the total citations issued in 2018, 10,074 (65.47%)were received by White drivers. The White population in the City of Denton is estimated to be 82,772 (60.74%), while the White population in Denton County population is estimated to be 500,848 (59.9%). Hispanic/Latino Motorists. Of all motorists stopped in Denton in 2018, 3,305 (16.14%) were Hispanic/Latino. Of the total citations issued in 2018, 2,523 (16.40%) were received by Hispanic/Latino drivers. The Hispanic/Latino population in the City of Denton is estimated to be 33,490 (24.58%), while the Hispanic/Latino population of Denton County is estimated to be 163,864 (19.60%). Black Motorists. Of all motorists stopped in Denton in 2018, 3,326 (16.24%)were Black. Of the total citations issued in 2018, 2,339 (15.20%) were received by Black drivers. The Black population in the City of Denton is estimated to be 13,344 (9.79%), while the Black population of Denton County is estimated to be 87,008 (10.41%). Asian/Pacific Islander Motorists. Of all motorists stopped in Denton in 2018, 489 (2.39%)were Asian/Pacific Islander. Of the total citations issued in 2018, 374 (2.41%) were received by Asian/Pacific Islander drivers. The Asian/Pacific Islander population in the City of Denton is estimated to be 13,344 (4.39%),while the Asian/Pacific Islander population of Denton County is estimated to be 76,889 (9.19%). Alaska Native/American Indian. Of all motorists stopped in Denton in 2018, 126 (0.62%)were Alaska Native/American Indian. Of the total citations issued in 2018, 80 (0.52%)were received by Alaska Native/American Indian drivers. The Alaska Native/American Indian population in the City of Denton is estimated to be 683 (0.50%), while the Alaska Native/American Indian population of Denton County is estimated to be 7,601 (0.91%). Chart 5 illustrates the comparison between the population of the city and the percentage of drivers stopped and cited. Compared to the population of the City of Denton, Hispanic/Latino and Asian/Pacific Islander drivers were both stopped and cited at a lower percentage compared to the percentage of these two groups living in the City of Denton. All other groups were both stopped and cited at a higher percentage compared to the percentage living in the City of Denton. 7 1 P a g e 63 Chart 5. 2018-Comparison of Stops and Citations to City Population All Traffic Stops I Citations Issued Stops vs Citations Issued RACE/ETHNICITY %Stopped %City Pop Diff %Cited %City Pop Diff %Stopped %Cited Diff White 64.61 60.74 3.87 65.47 60.74 4.73 64.61 65.47 -0.86 Hispanic 16.14 24.58 -8.44 16.40 24.58 -8.18 16.14 16.40 -0.26 Black 16.24 9.79 6.45 15.20 9.79 5.41 16.24 15.20 1.04 Asian/Pacific Islander 2.39 4.39 -2.00 2.41 4.39 1.98 2.39 2.41 0.02 Alaska Native/American Indian 0.62 0.50 0.12 0.52 0.50 0.02 0.621 0.52 0.10 There were three race/ethnic groups with percentages of traffic stops and citations issues that exceeded that group's population estimates for the City of Denton. Chart 6 illustrates for each group the number of traffic stops conducted, the number of citations issued, the difference between these two numbers, and the difference expressed as a percentage of the total population. Chart 6. 2018-Groups Exceeding City's Population Percentages for Stops and Citations Diff in Stops Diff as%of RACE/ETHNICITY Population Stops Citations vs.Citations Population White 82,772 13,230 10,074 3,156 3.81% Black 13,344 3,326 2,339 987 7.40% Alaska Native/American Indian 1 6.73% The majority of motor vehicle contacts were made with males,most of whom were White drivers. This was followed by Hispanic/Latino drivers and Black drivers. In a majority of cases,officers did not know the race/ethnicity of the subject prior to the stop, and that most often the reason for the stop was a moving traffic violation,as shown in Chart 7. The location of the stop was most often made on a city street, as shown in Chart 8. Chart 7.Reason for the Stop Chart S.Location of the Stop is. 16,OW 16,OOD Iap00 14,000 V p00 12,000 10,000 10,000 8.000 g'� 6000 4,000 9,000 ,000 2,000 I.000 0 Moving T.ff Pre-Pv(sting Vwde Tragic Pnvate Property/ Violation Knowledge Viobtion Violation of law City S[2et Cvunry goad 01hP Stale Highway US Highway •Stop,- 15,439 1 523 2.126 12.388 Stem 15,000 135 BN 556 3i891 Searches Conducted The Denton Police Department is required to collect information on the number of searches conducted, and the reason for the searches. Of the 20,476 motor vehicle contacts in 2018,there were 444(2.2%) searched conducted during the stop. The reason for each search is illustrated in Chart 9. Of the 444 searches in 2018, 101 (22.7%)were consent searches, 15 (3.4%)were for contraband in plain view, 144 (32.4%)were searches incident to arrest,23 (5.2%)were inventory searches,and 161(36.3%)were probable cause searches. 8 1 P a g e 64 Chart 9. 2018 Reason for Searches Conducted During Motor Vehicle Contacts Contraband in Incidentto Probable Total Consent Inventory Plain View Arrest Cause Searches Race/Ethnicity Total % Total % Total % Total % Total % Total % Asian/Pacific Islander 0 0.0% 0 0.0% 1 0.7% 0 0.0% 2 1.2% 3 0.7% Black 22 21.8% 6 40.0% 28 19.49/o 4 17.4% 56 34.8% 116 26.1% Hispanic/Latino 23 22.8% 5 33.3% 32 22.2% 6 26.1% 28 17.4% 94 21.2% Alaska Native/American Indian 0 0.0% 0 0.0% 0 0.0% 0 0.0% 1 0.6% 1 0.2% White 56 55.4% 4 26.7% 831 57.6% 131 56.5% 74 46.0% 230 51.8% TOTAL 101100.0% 151 100.0% 1441 100.0% 23 100.0% 161 100.0% 444 100.0•9 Was Race Known Before the Stop The Denton Police Department is required to collect information on whether the race/ethnicity of the driver was known before the stop was conducted. Of the 20,476 motor vehicle contacts in 2018,there were 2,184 (10.7%)in which the race/ethnicity of the driver was known prior to the stops. There were 18,292 (89.3%)in which the race/ethnicity of the driver was not known prior to the stop. Chart 10 illustrates this measure for each race/ethnic group. Chart 10. Race Known or Not Known by Race/Ethnicity Known Not Known Race/Ethnicity Total % Total % Asian/Pacific Islander 30 1.4% 459 2.51% Black 385 17.6% 2,941 16.08% Hispanic/Latino 274 12.5% 3,031 16.57% Alaska Native/American Indian 7 0.3% 119 0.65% White 1 1,488 68.1% 11,7421 64.19% TOTALI 2,184100.0% 18,2921 100.0% Contraband Found The Denton Police Department is required to collect information on contraband found during a search, including a description of the type of contraband seized. Of the 444 searches conducted in 2018, contraband was found in 236 (52.9%)and not found in 208 (46.8%). Of the 236 cases in which contraband was seized, a total of 32 (13.6%)involved Alcohol, 2(0.8%) involved Currency, 158 (66.9%)involved Drugs, 7(3.0%)involved Stolen Property,4 (1.7%)involved Weapons, and 33 (14.0%)involved Other contraband. Chart 11 illustrates the type of contraband found for each race/ethnic group. Chart 11. Contraband Seized by Race/Ethnicity Alcohol Currency Drugs Other Stolen Weapons Total Race/Ethnicity Total % Total % Total % Total % Total % Total % Total % Asian/Pacific Islander 1 3.1% 0 0.0% 1 0.6% 0 0.0% 0 0.0% 0 0.0% 2 0.8% Black 7 21.9% 0 0.0% 47 29.7% 13 39.4% 2 28.6% 1 25.0% 70 29.7% Hispanic/Latino 7 21.9% 0 0.0% 41 25.9% 5 15.2% 0 0.0% 1 25.0% 54 22.9% Alaska Native/American Indian 0 0.0% 0 0.0% 1 0.6% 0 0.0% 0 0.0% 0 0.0% 1 0.4% White 17 53.1%1 2 100.0%1 68 43.0% 15 45.5% 5 71.4% 2 50.0% 109 46.2% TOTAL 32 100.0%1 21 100.0%1 1581 100.0%1 331100.0%1 71 100.0%1 41100.0%1 236 100.0% 9 1 P a g e 65 Use of Force During the Stop The Denton Police Department is required to collect information on whether the physical force was used during a stop,and if injury occurred as a result. Of the 20,476 motor vehicle contacts in 2018,use of physical force was reported in a total of 108 (0.53%). Of the 108 cases reported,22 (0.11%)did not result in injury,while 86(0.42%)resulted in some form of bodily injury. Racial profiling law does not require the type of physical injury to be documented. Chart 12 illustrates this measure for each race/ethnic group. Chart 12. Physical Force Resulting in Injury by Race/Ethnicity No Force Used Force Used Force-No Injury Force-Injury Race/Ethnicity Total % Total % Total % Total % Asian/Pacific Islander 487 2.4% 2 1.9% 1 4.5% 1 1.2% Black 3,299 16.2% 27 25.0% 10 45.5% 17 19.8% Hispanic/Latino 3,291 16.2%1 14 13.0% 2 9.1% 12 14.0% Alaska Native/American Indian 1 123 0.6% 31 2.8% 01 0.0% 3 3.5% White 1 13,168 64.7% 62 57.451. 91 40.9% 53 61.6% TOTAL 20,368100.0% 1081 100.09% 221 100.09% 86 100.0% Factors Affecting Outcomes The purpose of collecting and reviewing traffic stop data is to determine whether Denton Police Officers have engaged in the practice of racial profiling. An analysis of traffic enforcement and census data on the racial demographics of Denton residents will not indicate whether police officers have engaged in racial profiling. The number of drivers stopped is not limited to the driving population of Denton. It includes all residents of Denton as well as non-resident drivers contacted by Denton officers in 2018. There are also inherent difficulties in collecting accurate data concerning race or ethnicity of drivers. Race/Ethnicity is self-reported by the individual driver. Officers are placed in the position of guessing based on preconceived notions related to physical characteristics or asking drivers such questions while the driver has been detained for a traffic violation. Several factors can influence the prevalence of each racial group within the study that are not related to racist behavior by a specific officer. Among these factors are: • the amount of time devoted to traffic enforcement • racial make-up of an officer's assigned district • targeted enforcement devoted to a specific location or problem • officer discretion regarding which violations warrant enforcement action. 101Page 66 Case studies provide more in-depth information about the nature and quality of contacts between officers and citizens. In order to determine whether an officer has engaged in racial profiling of a motorist, the Denton Police Department investigates individual cases of racial profiling that are received through the department's internal or external complaint process. Any person who believes that a Denton Police Officer has engaged in bias policing or racial profiling may file a complaint with the department. In 2018, the Denton Police Department did not receive any complaints alleging racial profiling. To facilitate the reporting of allegations of racial profiling, the department provides education to the public specific to racial profiling. The department utilizes its website to provide the public with information on how to report racial profiling issues. In addition, the department maintains compliance with TCOLE standards regarding racial sensitivity continuing education training for police officers. All Denton Police Officers must complete the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement, including legal aspects, not later than the second anniversary of the date the officer was licensed. Closing Statement In summary, the Denton Police Department prohibits the practice of racial profiling and is in full compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling. The Department collects data regarding traffic stops in compliance with the law,trains officers regarding racial profiling,provides a formalized complaint process, and educates the public regarding the complaint process. A review of internal administrative records indicates that the Department did not receive any complaints alleging racial profiling in 2018. 111Page 67 APPENDIX ONE - RACIAL PROFILING LAW Texas Code of Criminal Procedure Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001,77th Leg.,ch.947, Sec. 1,eff. Sept. 1,2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state,that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; 121Page 68 (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6)to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which 131Page 69 the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection(b)(7), the commission shall begin disciplinary procedures against the chief administrator. (h) A law enforcement agency shall review the data collected under Subsection(b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01, eff. September 1, 2017. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; 141Page 70 (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection(b)to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection(b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as 151Page 71 appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b)may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001,77th Leg.,ch.947, Sec. 1,eff. Sept. 1,2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law 161 Page 72 enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras,the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001,77th Leg.,ch. 947,Sec. 1,eff. Sept. 1,2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil 171Page 73 penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of$1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017. Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001,77th Leg.,ch. 947, Sec.2,eff. Sept. 1,2001. 181Page 74 APPENDIX TWO - THE SANDRA BLAND ACT SB 1849, 2017 Texas Legislative Session AN ACT relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more likely to interact frequently with law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1. SHORT TITLE SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of Sandra Bland. ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS,AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows: Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriffs custody has a mental illness or is a person with an intellectual disability [mental retardation], including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate. On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [mental retardation], the magistrate, except as provided by Subdivision(2), shall order the local mental health or intellectual and developmental disability [mental retardation] authority or another qualified mental health or intellectual disability [mental retardation] expert to: (A) collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with an intellectual disability [mental retardation] as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and (B) provide to the magistrate a written assessment of the information collected under Paragraph (A). (2) The magistrate is not required to order the collection of information under Subdivision(1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with an intellectual disability [mental retardation] by the local mental health or 191Page 75 intellectual and developmental disability [mental retardation] authority or another mental health or intellectual disability [mental retardation] expert described by Subdivision(1). A court that elects to use the results of that previous determination may proceed under Subsection (c). (3) If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or intellectual and developmental disability [mental retardation] authority for a reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination only on request of the local mental health or intellectual and developmental disability [mental retardation] authority and with the consent of the head of the facility. If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time. (b) A written assessment of the information collected under Subsection(a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection(a) in a felony case and not later than the loth day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court. The written assessment must include a description of the procedures used in the collection of information under Subsection(a)(1)(A) and the applicable expert's observations and findings pertaining to: (1) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [mental retardation]; (2) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 46B; and (3) recommended treatment. (c) After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection(b) or elects to use the results of a previous determination as described by Subsection (a)(2), the trial court may, as applicable: (1) resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032; 201Page 76 (2) resume or initiate competency proceedings, if required, as provided by Chapter 46B or other proceedings affecting the defendant's receipt of appropriate court-ordered mental health or intellectual disability [mental retardation] services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision. (d) This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article: (1) releasing a defendant who has a mental illness [mentally ill] or is a person with an intellectual disability [mentally retarded defendant] from custody on personal or surety bond; or (2) ordering an examination regarding the defendant's competency to stand trial. SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to read as follows: Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if: (1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person; (2) it is reasonable to divert the person; (3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and (4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense. (b) Subsection(a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. SECTION 2.03. Section 539.002, Government Code, is amended to read as follows: Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVE& (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to entities, including local governmental entities, nonprofit community organizations, and faith-based community organizations, to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The department may make a maximum of five grants, which must be made in the most populous 211Page 77 municipalities in this state that are located in counties with a population of more than one million.] In awarding grants, the department shall give special consideration to entities: (1) establishing [a] new collaboratives; or (2) establishing or expanding collaboratives that serve two or more counties, each with a population of less than 100,000 [collaborative]. (b) The department shall require each entity awarded a grant under this section to: (1) leverage additional funding from private sources in an amount that is at least equal to the amount of the grant awarded under this section; [and] (2) provide evidence of significant coordination and collaboration between the entity, local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in establishing or expanding a community collaborative funded by a grant awarded under this section; and (3) provide evidence of a local law enforcement policy to divert appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the purpose of providing services to those persons. SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read as follows: Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a) The governing body of a county shall develop and make public a plan detailing: (1) how local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in the county could coordinate to establish or expand a community collaborative to accomplish the goals of Section 539.002; (2) how entities in the county may leverage funding from private sources to accomplish the goals of Section 539.002 through the formation or expansion of a community collaborative; and (3) how the formation or expansion of a community collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment. (b) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1, 2017, is located is not required to develop a plan under Subsection (a). (c) Two or more counties, each with a population of less than 100,000, may form a joint plan under Subsection(a). ARTICLE 3. BAIL, PRETRIAL RELEASE,AND COUNTY JAIL STANDARDS SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as follows: 221Page 78 Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. SECTION 3.02. Articles 17.032(b) and(c), Code of Criminal Procedure, are amended to read as follows: (b) A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the: (1) defendant is not charged with and has not been previously convicted of a violent offense; (2) defendant is examined by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health expert under Article 16.22 [of this code]; (3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability [mental retardation] and is nonetheless competent to stand trial; and (B) recommends mental health treatment or intellectual disability treatment for the defendant, as applicable; and (4) magistrate determines, in consultation with the local mental health or intellectual and developmental disability [mental retardation] authority, that appropriate community- based mental health or intellectual disability [mental retardation] services for the defendant are available through the [Texas] Department of State [Mental] Health Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or through another mental health or intellectual disability [mental retardation] services provider. (c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmental disability[mental retardation] authority if the defendant's: (1) mental illness or intellectual disability [mental retardation] is chronic in nature; or (2) ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,] at the earliest possible time. 231Page 79 SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows: Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial [it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his counsel may demand a copy,which shall be given as early as possible]. SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2) adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3) adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4) adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5) revise, amend, or change rules and procedures if necessary; (6) provide to local government officials consultation on and technical assistance for county jails; (7) review and comment on plans for the construction and major modification or renovation of county jails; (8) require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10) adopt a classification system to assist sheriffs and judges in determining which defendants are low-risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11) adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12) require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age 241Page 80 securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13) at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14) require that the sheriff and commissioners court of each county submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15) schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16) adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A) common issues concerning jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, standards, and procedures of the commission; and (C) solutions to operational challenges for jails; (17) report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18) adopt reasonable rules and procedures establishing minimum requirements for jails to: (A) determine if a prisoner is pregnant; and (B) ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; (19) provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; [and] (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a county jail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff of each county to: 251Page 81 (A) investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service; and (B) use the data described by Paragraph (A)to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs; (22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a county jail by a guardian, as defined by Section 1002.012, Estates Code,that: (A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including placing the guardian on the prisoner's approved visitors list on the guardian's request and providing the guardian access to the prisoner during a facility's standard visitation hours if the prisoner is otherwise eligible to receive visitors; and (B) require the guardian to provide the sheriff with letters of guardianship issued as provided by Section 1106.001, Estates Code, before being allowed to visit the prisoner; and (23) adopt reasonable rules and procedures to ensure the safety of prisoners, including rules and procedures that require a county jail to: (A) give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day; (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service,provide for a prisoner to be transported to access a health professional; and (C) if funding is available under Section 511.019, install automated electronic sensors or cameras to ensure accurate and timely in-person checks of cells or groups of cells confining at-risk individuals. SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection(d) to read as follows: (d) The commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners. The rules and procedures shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019, 511.020, and 511.021 to read as follows: Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the general revenue fund. 261Page 82 (b) The prisoner safety fund consists of- (1) appropriations of money to the fund by the legislature; and (2) gifts, grants, including grants from the federal government, and other donations received for the fund. (c) Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(23). (d) The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection(c). The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 96 prisoners. Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail: (1) a suicide; (2) an attempted suicide; (3) a death; (4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (8) any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code. (b) The commission shall prescribe a form for the report required by Subsection(a). (c) The information required to be reported under Subsection(a)(8) may not include the name or other identifying information of a county jailer or jail employee. (d) The information reported under Subsection(a) is public information subject to an open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY JAIL. (a) On the death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible. (b) The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection(a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence. SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal Procedure, apply only to a personal bond that is executed on or after the effective date of this 271Page 83 Act. A personal bond executed before the effective date of this Act is governed by the law in effect when the personal bond was executed, and the former law is continued in effect for that purpose. SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall: (1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added by this article, and the rules required by Section 511.021(b), Government Code, as added by this article; and (2) prescribe the form required by Section 511.020(b), Government Code, as added by this article. SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure adopted by the Commission on Jail Standards under that subdivision. SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in enacted codes. ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read as follows: Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail. (b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a county jail to pass the examination not later than the 180th day after the date the person is assigned to that position. The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination. (c) The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this section. (d) A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section. SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection 0) and adding Subsection(n) to read as follows: 0) As part of the minimum curriculum requirements, the commission shall require an officer to complete a 40-hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this 281 Page 84 subsection [section] or Section 1701.402(g)by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows: (a) Except as provided by Subsection(e), a person may not be appointed as a county jailer, except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission. The training program must consist of at least eight hours of mental health training approved by the commission and the Commission on Jail Standards. SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n)to read as follows: (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). 291Page 85 SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall develop and the Commission on Jail Standards shall approve the examination required by Section 511.00905, Government Code, as added by this article. SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement shall establish or modify training programs as necessary to comply with Section 1701.253, Occupations Code, as amended by this article. (b) The minimum curriculum requirements under Section 1701.2530), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those requirements on or after April 1, 2018. SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect January 1, 2018. (b) A person in the position of county jailer on September 1, 2017, must comply with Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021. ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING,AND ISSUANCE OF CITATIONS SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (b) and(d) and adding Subsection(h) to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; 301Page 86 (B) whether a search was conducted and, if so, whether the individual detained consented to the search; [and] (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6)to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection(b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b)must include standards for reviewing video and audio documentation. (h) A law enforcement agency shall review the data collected under Subsection(b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection(b) and adding Subsection (c)to read as follows: (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and 31 1 Page 87 (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; [and] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency,regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows: (c) A report required under Subsection(b)must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; [and] (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, 321Page 88 as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows: Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using [installed] video and audio equipment and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)]. SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows: 331Page 89 (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an [the] amount not to exceed$5,000 [of$1,000] for each violation. The attorney general may sue to collect a civil penalty under this subsection. SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed. SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article, apply only to a report covering a calendar year beginning on or after January 1, 2018. SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement shall: (1) evaluate and change the guidelines for compiling and reporting information required under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the guidelines to better withstand academic scrutiny; and (2) make accessible online: (A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and (B) a glossary of terms relating to the information to make the information readily understandable to the public. ARTICLE 6. EFFECTIVE DATE SECTION 6.01. Except as otherwise provided by this Act, this Act takes effect September 1, 2017. 341Page 90 APPENDIX THREE - DENTON PD RACIAL PROFILING POLICY General Order 14.3 Subject: Bias Policing and Racial Profiling Policy Effective Date: January 1, 2018 14.3 PURPOSE The purpose of this Order is to clearly state that racial profiling and bias policing is completely intolerable and contrary to the governing values of the Denton Police Department, to provide guidelines for officers to prevent such occurrences, to establish procedures to educate citizens how to report incidents of perceived racial profiling, and to protect police officers of the department when they act within the dictates of the law and policy from groundless accusations. 14.3.1 POLICY It is the policy of the Department to patrol in a proactive manner, to assertively investigate suspicious persons and circumstances, and to actively enforce motor vehicle and penal laws. The Department is committed to a respect for constitutional rights in the performance of duties. We live and work in communities very diverse in population: respect for diversity and equitable enforcement of the law are essential to our mission. All enforcement actions, particularly stops of individuals, for traffic and other purposes, investigative detentions, arrests, searches and seizures of persons or property, shall be based on the standards of reasonable suspicion or probable cause as required by the United States Constitution and statutory authority. In all enforcement decisions, officers shall be able to articulate specific facts, circumstances, and conclusions which support probable cause or reasonable suspicion for arrests, searches, seizures, and stops of individuals. Nothing in this Order limits non-enforcement contacts between officers and the public. Most of the following terms appear in this Order. In any case, these terms appear in the larger public discourse about alleged biased enforcement behavior and in other Orders. These definitions are intended to facilitate on-going discussion and analysis of our enforcement practices. Bias—Prejudice or partiality which may be based on preconceived ideas, a person's upbringing, culture, experience, or education. 351Page 91 Biased Policing—A law enforcement-initiated action based on an individual's race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Community Care-Taking Function—Allows detentions of persons and vehicles without suspected criminal activity. Officers who observe persons in need of help may initiate contact without reasonable suspicion or probable cause. The reasonableness of the stop must be based on: ❑ The nature and level of the distress exhibited by the person who is being helped; ❑ The person's location; ❑ Whether the person was alone or had access to other means of assistance; and ❑ The extent to which the person is a danger to himself or others. Consensual Encounter—A consensual encounter is a contact between a citizen and an officer that is voluntary and in which the citizen is free to leave. Officers can approach, contact, and question citizens in public places without any suspicion of criminal conduct. Under these circumstances, citizens are free to engage the officers' questions or not and are free to leave at any time. Officers or citizens can initiate consensual encounters. As long as the officer's speech and conduct do not clearly imply that the citizen is required to answer questions or requests, the encounter remains consensual. Ethnicity—A cluster of characteristics which may include race but also cultural characteristics or traits which are shared by a group with a common experience or history. Probable Cause—Facts or apparent facts and circumstances within an officer's knowledge and of which the officer has reasonable, trustworthy information to lead a reasonable person to believe that an offense has been or is being committed and that the suspect has committed it. Race—A category of people of a particular decent, including Caucasian, African, Hispanic, Asian,Native American descent, or Middle Eastern descent. As distinct from ethnicity, race only refers to physical characteristics sufficiently distinctive to group people under a classification. 36 1 Page 92 Racial Profiling—A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Reasonable Suspicion—Articulable, objective facts which lead an experienced officer to suspect that a person has committed, is committing, or may be about to commit a crime. A well- founded suspicion is based on the totality of the circumstances and does not exist unless it can be articulated. Reasonable suspicion supports a stop of a person. Courts require that stops based on reasonable suspicion be "objectively reasonable." Sex—A biological classification, male or female, based on physical and genetic characteristics. Stop—The detention of a subject for a brief period of time, based on reasonable suspicion. A stop is an investigative detention 14.3.3 PROHIBITION Officers are prohibited from engaging in bias policing,racial profiling, or stopping, detaining, searching, arresting, or taking any enforcement action including seizure or forfeiture activities, against any person based solely on the person's race, color, ethnicity, ethnic background, national origin, citizenship, cultural group, religion, age, creed, sex, sexual orientation, disability, economic status or other identifiable group. These characteristics, however, may form part of reasonable suspicion or probable cause when officers are seeking a suspect with one or more of these attributes. Any deliberate recording of any misleading information related to the actual or perceived race, ethnicity or gender of the person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action,up to and including indefinite suspension. 14.3.4 PROCEDURES Reasonable suspicion or probable cause shall form the basis for any enforcement actions or decisions. Individuals shall only be subjected to stops, seizures, or detention upon reasonable suspicion that they have committed, are committing, or are about to commit an offense. Officers shall document the elements of reasonable suspicion and probable cause in appropriate reports. 371Page 93 Employees shall observe and respect the constitutional rights of all persons and shall not engage in discrimination, oppression, or favoritism. ❑ Because traffic stops furnish a primary source of bias-related complaints, officers shall have a firm understanding of the warrantless searches allowed by law, particularly the use of consent. How the officer disengages from a traffic stop may be crucial to a person's perception of fairness or discrimination. ❑ Officers shall not use the refusal or lack of cooperation to justify a search of the person or vehicle or a prolonged detention once reasonable suspicion has been dispelled. All personnel shall treat everyone with the same courtesy and respect that they would want others to treat Department personnel. To this end, personnel are reminded that the exercise of courtesy and respect engenders a future willingness to cooperate with law enforcement. Personnel should facilitate an individual's access to other governmental services whenever possible, and shall actively provide referrals to other appropriate agencies. All personnel shall courteously accept, document, and forward to the Chief of Police any complaints made by an individual against the Department or its officers or employees,per General Order 10.2. When feasible,personnel shall offer explanations of the reasons for enforcement actions or other decisions that bear on individual's well-being unless the explanation would undermine an investigation or jeopardize an officer's safety. All personnel are accountable for their actions. Personnel shall justify their actions when required. 14.3.5 SUPERVISORY RESPONSIBILITIES Supervisors shall be held accountable for the observance of constitutional safeguards during the performance of their duties. Supervisors shall identify and correct instances of bias in the work of their subordinates. Supervisors shall use the disciplinary mechanisms of the Department to ensure compliance with this Order and the constitutional requirements of law enforcement. 38 1 Page 94 Supervisors shall be mindful that in accounting for the actions and performance of subordinates, supervisors are key to maintaining community trust in law enforcement. Supervisors shall continually reinforce the ethic of impartial enforcement of the laws, and shall ensure that personnel, by their actions, maintain the community's trust in law enforcement. Supervisors are reminded that biased enforcement of the laws engenders not only mistrust of law enforcement, but increases safety risks to personnel. Lack of control over bias also exposes the Department to liability. Supervisors shall ensure that all enforcement actions are duly documented per Departmental policy. Supervisors shall ensure that all reports show adequate documentation of reasonable suspicion and probable cause, if applicable. Supervisors shall facilitate the filing of any complaints regarding law enforcement service per General Order 10.2. 14.3.6 DISCIPLINARY CONSEQUENCES Actions prohibited by this Order shall be cause for disciplinary action, up to and including indefinite suspension. 14.3.7 COMPLAINTS Any person who believes that a Denton police officer has engaged in bias policing or racial profiling with respect to that person may file a complaint with the Department. No person shall be discouraged, intimidated, or coerced from filing such a complaint. No person shall be discriminated against because they have filed such a complaint. Information on filing a compliment or complaint about a Denton police officer, including the Department's telephone number, mailing address, and e-mail contact information will be provided on each citation, ticket, or warning issued by the Department. The Department shall accept and investigate citizen complaints alleging incidents of bias policing and racial profiling. Such complaints shall be investigated according to General Order 10.2. Complainants and officers will be notified of the result(s) of the investigation when such investigation is completed. 391Page 95 14.3.8 RECORD KEEPING The following information shall be collected on all motor vehicle stops that result in the issuance of a written or verbal warning, the issuance of a citation/ticket, or an arrest: 1) The race or ethnicity of the individual detained; 2)Whether a search was conducted and, if so, whether the individual detained consented to the search; 3)Whether the officer knew the race or ethnicity of the individual detained before detaining that individual, and 4)Whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07 of the Texas Penal Code, during the stop; 5) The location of the stop; and 6) The reason for the stop. Appropriate documentation of each motor vehicle stop shall be completed using a Department- issued ticket writer or on a handwritten citation/warning. Officers are expected to "check out"with Dispatch each time he/she makes a motor vehicle stop , and upon clearing the stop, ensure that the necessary data is collected using the above listed methods. Consensual encounters do not require reasonable suspicion or probable cause. They are not of the same category as detentions or arrests. Therefore, documentation is not required for these instances. In addition, a"frisk" for weapons of a person's outer clothing is not a search and should not be documented as such for purposes of this policy. 14.3.9 REPORTING The information collected shall be compiled in an annual report covering the period of January 1 through December 31 of each year and shall be submitted to the Texas Commission on Law Enforcement and City Council. The annual report shall neither include identifying information about any individual stopped or arrested nor shall it include identifying information about any peace officer involved in a stop or arrest. 401Page 96 APPENDIX FOUR - DENTON PD POLICY ON BODY WORN CAMERAS General Order 14.3 Subject: Body Worn Video Procedures Effective Date: April 6, 2015 4.7 PURPOSE Police service delivery entails numerous contacts between the police and the citizenry, some of which occur under adverse conditions. When possible, in order to protect the Department, its officers, and the citizens we serve, it is often advantageous to have an accurate record of citizen/police interactions. Documentation offered by body camera video systems can help provide such verification and may also enhance an officer's report,the collection of evidence and other investigative activities, facilitate transparency and accountability with department employees and the public, and generally aid in the prosecution of criminal acts. 4.7.1 POLICY It is the policy of this Department to provide a body worn camera system to officers handling calls for service in the field. Any officer individually assigned a body worn camera and all officers in the Operations Bureau with cameras designated specifically for their use will use the department provided body worn camera system. Officers in the CIB and Support bureaus will use body worn cameras at the direction of their bureau commanders. Officers will use only those cameras provided by this Department. Officers will follow the procedures detailed in this order regarding body worn cameras. Officers are not required to wear a body camera during uniformed off or extra duty employment. Officers working overtime to cover patrol shifts will be expected to wear a body camera if one is available. 411 Page 97 Officers may use personal cameras during extra duty/ off duty employment only when: • There is no department provided camera available • The officer consents that all video collected on the camera is the property of the agency • The officer has the responsibility to ensure the video captured meets the standards • required by the District Attorney's office for use as evidence. • The officer is responsible for uploading all video into evidence.com and troubleshooting this process. • The video on the camera is subject to supervisory review on demand without explanation. • A supervisor may prohibit the use of the camera by the officer if the officer fails to adhere to this policy. 4.7.2 DEFINITIONS FOR THE PURPOSES OF THIS ORDER Call for service—Any call by a citizen requesting assistance from the Department. Pedestrian Stop—Interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Private Space-A place where a person has a reasonable expectation of privacy including but not limited to a residence. Traffic Stop—A peace officer that stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic. 4.7.3 DIGITAL VIDEO DOCUMENTATION & EVIDENCE Digital video will be uploaded to the server automatically. If an officer notices that his/her equipment is not performing or uploading correctly, the officer should notify his/her supervisor immediately. 421Page 98 Officers shall not deliberately disable any Department provided video recording equipment during an event that requires recording. Officers wishing to preserve a non-evidentiary digital recording for their personal protection or that of the Department, or other potential beneficial future use, will have the video uploaded automatically and wirelessly(as with all other videos). The officer will categorize the video as "confrontational"to preserve that video for 241 days. Body worn cameras will be placed on the downloading docking station prior to the end of an officer's tour of duty. The officer is also required to make necessary documentation and categorize the videos stored on the body worn camera prior to ending their tour. Officers shall not use digital videos, photographs, or any other evidence for personal use (i.e., posting to Facebook, MySpace, etc.) without permission of the Chief of Police (see General Order 14.1 Social Media Policy). Officers should refrain from viewing a video if they do not have a legitimate law enforcement or training purpose in viewing the video. Evidence.com maintains an audit trail of all views and modifications to digital evidence stored there. Officers will be accountable for their evidence.com account's presence on any evidentiary audit trail. Officers should view any available recording prior to completion of their written reports. Officers that have recorded evidentiary material on a body worn camera will designate the video in the appropriate categories to remove it from the purge cycle. Officers are not required to make a DVD of this video unless the prosecuting attorney requires the evidence to be presented in such a manner. 4.7.4 REQUIRED USE OF BODY CAMERA SYSTEMS Prior to beginning a tour of duty, officers shall verify that their body worn camera is functioning properly. This includes making sure the camera is charged. The camera has a proper cable connection between the camera and battery pack. This also includes making sure the camera is assigned to them. 431Page 99 The Department recognizes that our officers are participants in fast evolving, dynamic situations. These situations might prevent or cause an officer to forget to activate their body worn camera systems. Officers should activate their cameras as soon as practical once these dynamic situations come under control. Officers shall routinely record all pedestrian and traffic stops as defined by this policy and in accordance with the exemption under Texas CCP (Article 2.135), Racial Profiling act. Officers will record the following: • Any self-initiated detention • Any consensual contact • Any call for service where the officer meets the complainant in person • Any citizen interaction that is potentially evidentiary in nature including but not limited to suspect interviews, victim interviews,witness interviews, to capture consent to search • Any citizen contact that has become or is foreseeable to become confrontational. • Any critical incident including but not limited to a use of force, foot pursuit, vehicle pursuit, emergency driving, response to an in-progress event when activation of the camera is safe and does not present a distraction. • Any citizen contact that the officer wants recorded Officers are not required to record the following types of contacts or functions • Contacts with confidential informants • Contacts with citizens not related to enforcement activities such as community meetings or casual conversations with a citizen • Interviews of victims of traumatic events where the victim insists on not being recorded • Prolonged guard details including but not limited to guarding a prisoner at a hospital, or perimeter security at a crime scene • The body worn camera should not be used as a substitute for a still camera or a higher quality video camera for the purposes of documenting a crime scene. • SRO's or other officers are not required to record meetings with DISD staff and • students that do not involve a criminal investigation 441Page 100 Officers can discontinue recording when: • The subject is in custody controlled in a vehicle. • To seek guidance from a supervisor or other officer • The officer will step away from the subject and narrate that the video is being temporarily discontinued to confer with a colleague The officer will reactivate the video prior to re-contacting the subject. Officers shall not use body worn cameras to intentionally capture themselves or another employee in a compromising or embarrassing situation in an area where that employee has an expectation of privacy including but not limited to a restroom, locker room, or private residence. The Department recognizes that body worn cameras are being deployed in conjunction with in car video system. Officers are to focus primarily on activating the body worn camera. If the in- car camera is not activated by emergency equipment, its activation is secondary to the body worn camera system. 4.7.5 LEGAL CONSIDERATIONS The Department recognizes that Texas requires the consent of one involved party to lawfully record an interaction between two parties. Officers are not required to notify citizens that they are being recorded. Officers are not required to comply with a citizen's demand to turn off their body worn camera. Officers may block or face the camera away from a citizen that is partially disrobed or in a similar type compromising position at the officer's discretion based on the totality of the circumstances and perceived threats. The body worn camera will remain on and recording in these events. The Department recognizes that the body worn camera is a fixed recording device. The camera will not always capture the perceptions of the officer. The camera may also capture evidence that the officer does not see. This will be considered when using a video to evaluate an officer's actions. 451Page 101 4.7.6 VIDEO MANAGEMENT Direction from the City's Legal Department should always be sought prior to the release or copying of video footage for purposes other than routine requests, (i.e., DWI DVDs for the DA's office, or internal requests within parameters of this policy). The department will not release the following videos to the public: • Videos that are non-evidentiary filmed in the private space of a third party. • Videos involving cases being actively investigated. • The chief of police may choose to release a video of a case under investigation in order to further positive community relations. • Videos involving officers being investigated internally. • Videos maintained by the department involving a case being investigated by another law enforcement agency. Body worn camera videos will be stored in the cloud-based storage provided through Evidence.com. Officers cannot publish any video or photographic evidence they obtain without written authorization from the Department. Officers are allowed to share their videos with other department employees for the purpose of allowing another officer to use the video evidence in a criminal case investigation. Officers shall not have access to delete files that they generate. Command level officers may authorize reproduction/downloading of a video for use in law enforcement training. The command officer will make written authorization in the comment area of the video on evidence.com. This will preserve the consent in the audit trail of the video. Deputy Chiefs may authorize video for publication in public mediums. The DC will make written authorization in the comment area of the video on evidence.com. This will preserve the consent in the audit trail of the video. 46 1 Page 102 4.7.7 DIGITAL VIDEO STORAGE The Department will set parameters for storage of data on Evidence.com. The department will comply with the state requirement of maintaining videos of officers engaged in an official capacity for a minimum of 90 days. The department reserves the right to establish any category it sees fit and adjust the storage parameters on Evidence.com as long as it remains compliant with state law. The Department will allow officers to categorize videos for storage. The Department will allow administrators to delete videos accidentally captured on a body worn camera that do not depict officers acting in an official capacity including but not limited to officers captured accidentally in a restroom, locker room, or their residence. These videos will be categorized as accidental. These videos will be deleted by an evidence.com admin user when requested in writing by a command level officer in the chain of command of the officer captured on video. 4.7.8 JUVENILE RECORDS MANAGEMENT Juvenile information will be managed as follows: • Video footage involving the criminal investigation or detention of a juvenile will be categorized ONLY as juvenile on evidence.com. • If an investigation will not be referred for prosecution, the investigator will notify an evidence.com administrator via email that the video record should be manually deleted. The administrator will move the video into the deletion queue and note in the audit trail why the video is being deleted as soon as practical. • Any department employee will document their reason for viewing a juvenile video in the comment section. This will ensure that the audit trail shows who viewed the video, when they viewed the video, the IP address of the device that viewed the video, and why they viewed the video. • Juvenile videos shall not be authorized for use as training aids. • Juvenile records shall not be published to the media or the public without an opinion from a city attorney. 471Page 103 4.7.9 BODY WORN VIDEO SYSTEM MAINTENANCE Any body worn cameras in need of repair or not properly functioning should be brought to the attention of the officer's immediate supervisor. That supervisor should notify the program administrator to have the problem addressed. 48 1 Page 104 APPENDIX FIVE - DENTON PD RACIAL PROFILING TRAINING Denton Police Department Lesson Plan Course/Lesson: Basic Peace Officer Course/Racial Profiling Course#: 1000&3256 Developed by: Sgt.Vernell Dooley Agency:Denton PD Date Prepared:06/04/2014 Revised by: Todd Kidwell Agency:Denton PD Date Revised:,09/11/2018 Reason for Change(s) Course Updated❑ TCOLE Update❑ Instructor Revision® Other:Law Changes Type/Level In-Service [:11 Basic Peace Officer Course ® Corrections ❑ Management ❑ of Course Legislative Mandate ❑ Intermediate ❑ Advanced/Specialized ❑ Other: Time Allotted: 34 hours Class Size Limit: Pre-requisite:Basic Peace Officer Cadet or Peace Officer Method(s) Discussion ® Demonstration ❑ Role Play ❑ Instructor Led or Lecture of Instruction Practical Exercise ® Practice ❑ Independent ❑ Other: After this instruction,the student will be able to: 1. Identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Learning 2. Identify Supreme Court and lowe court decisions involving appropriate actions in traffic stops. Objectives: 3. Identify logical and social arguments against racial profiling. 4. Identify elements of a racially-motivated traffic stop. 5. Identify elements of a traffic stop which would constitute reasonable suspicion of drug courier and criminal activity. Learning Question and Answer ® Conference ❑ I Illustration(Visuals/Examples) Techniques (describe below) Practice and Drill ® Role Playing ❑ Other: For each learning technique selected above,briefly summarize the planned application activities: Application The instructor(s)will provide various examples and question and answer activities throughout the course. Stage Various videos be used throughout the course to reinforce objects. Some practical exercise discussion will be based upon 2 of the videos used in the course. Testing and Exam: Yes❑ No❑ Type: Performance❑ Oral❑ Written® Other: Course Minimum standard:70%on the Academy unit exam that incorporates this topic Evaluation: Evaluation by Instructor/Coordinator:Yes❑No® by: Class Evaluations:Yes® No❑ Instructional Handouts PowerPoint Flip Chart Audio/Visual Display Chalk/White- Other: Media: ® ® ❑ ® ❑ Board Equipment Needs: computer with sound for the required video exercises References:TCOLE Curriculum outline and Sgt.Dooley's 2014 Lesson Plan/Varous public you tube videos . Attach the lesson content to this form and submit all exam keys,along with the students'grades or their actual exams. . Performance exams:submit a description of the activity&its grading criteria,along with the critique forms or a pass/fail list. 07-2014 491Page 105 Date: March 22, 2019 Report No. 2019-054 INFORMAL STAFF REPORT TO PUBLIC UTILITY BOARD SUBJECT: Power Supply Overview of the City of Georgetown's Electric Utility PURPOSE: The purpose of this staff report is to provide a high-level summary of the City of Georgetown's electric utility power supply situation using publicly available information posted to the City of Georgetown's official website: htlps:Hgeorgetown.org/. This report will also contrast Georgetown's renewable power supply situation with that of the City of Denton, which has also adopted a near-term 100% renewable energy target. DISCUSSION: The City of Georgetown, Texas owns and operates a municipal electric utility system. Georgetown has received significant media attention as a result of its 100% renewable energy program and its recent rate changes to address revenue shortfalls in its purchased power budget. In 2008, Georgetown adopted an Integrated Resource Plan (IRP) for power supply with a goal of obtaining a mix composed of 30% renewable, 30% coal, 30% gas, and 10% market energy. The plan also noted that nuclear energy could be substituted for the coal or gas target if nuclear energy was available. Policy direction at the time on power portfolio goals were (i) competitively priced; (ii) long-term stable rates; (iii) mitigate regulatory, legislative, and financial risk; and (iv) 30%renewable by 2030. The Lower Colorado River Authority was the primary provider of electric energy to Georgetown from 1940 to 2012. Georgetown elected to terminate this arrangement in 2012 since LCRA could not meet Georgetown's IRP goals. From Georgetown's perspective, LCRA had an aging power generation fleet, expensive new investments, and could not make rate guarantees. When Georgetown sought to replace the LCRA arrangement, they evaluated multiple options in wind, coal, and gas and found that all forms of power were quite costly. Every option was above their electric rate targets. Other than a small wind contract signed in 2008 that was passed through to Southwestern University (located in Georgetown), the first power supply contract entered into by Georgetown was natural gas based with a term of 2012 through 2021. Georgetown states that longer-term contracts were not available in the Electric Reliability Council of Texas (ERCOT) due to projected power shortages and high prices (the summer of 2011 was a notably hot summer). Next, Georgetown entered into a contract for wind energy in 2013 that runs through 2035. This was followed by a solar contract that was entered into in 2015 with a term through 2043. 106 Date: March 22, 2019 Report No. 2019-054 In reviewing publicly available information on Georgetown's power supply and financial situation, Georgetown's challenges can be summarized as follows: • Georgetown has contracted for significantly more energy than necessary to meet its customer needs. In 2019, Georgetown projects its power portfolio to total 1,260,200 MWH. At the same time, it projects customer demand to equal only about 680,000 MWH, just 54% of its supply portfolio. • Georgetown was an early adopter of renewables (i.e. 2013 and 2015) when renewable energy costs were significantly higher than what is available today — perhaps by a factor of two or three based on industry experiences. Georgetown's natural gas contract, signed in 2012, is also similarly impacted by high cost versus its value today. All resources are "take-or-pay" which means Georgetown is unable to reduce its contracted purchases. (It should be noted that each of these contracts were likely low cost options at the time of adoption and projected to be favorable economically based on ERCOT forward price projections). • Georgetown's power supply strategy was developed during a period when natural gas prices (the primary driver of energy within the ERCOT market) were projected to rise. By signing long-term contracts for fixed prices, Georgetown protected their ratepayers from further price escalations, but exposed them to the risk of "over market" payments in the event those projections did not materialize. In fact, natural gas prices actually declined, resulting in lower electric prices in Texas and significantly reduced revenues associated with the excess energy in Georgetown's portfolio. • Cooler than normal weather during parts of 2018 reduced Georgetown's (and all other power producers in ERCOT)revenues well below budget projections. • Georgetown outsources its power scheduling functions to a third party. This approach limits their access to detailed (real-time) market intelligence, which impacts power portfolio management and optimization activities. The Denton power supply situation has some similarities to Georgetown, but also has some notable differences. • To meet its 100% renewable energy goal, Denton strives to match its renewable portfolio to projected annual customer demand. An exception may occur in calendar years 2021 through 2023, if Denton's "Whitetail" contract is not be considered to be renewable. While the Denton Energy Center may also seem to be an exception, this resource is not "take-or-pay" from an energy standpoint and operates only when market prices exceed variable cost. • Based on current and projected ERCOT market prices, only Denton's Whitetail contract (30 MW) and its DTE landfill gas contract (1.6 MW) cost more than their respective market revenue. Seven other wind and solar contracts (current and those under negotiation) have revenues that will roughly equal or exceed costs. • Since 2014, Denton has maintained a comprehensive 24-hour power supply scheduling and portfolio management operation. 107 Date: March 22, 2019 Report No. 2019-054 CONCLUDING REMARKS: Some concluding thoughts on the Georgetown and Denton power supply situations may be appropriate. ERCOT bulk power market prices and associated rules can be forecasted, but not controlled. Depending largely on natural gas prices and the ERCOT load-resource balance (i.e. reserve margin), future market prices for buyers (and hence revenues for sellers) could be dramatically higher or lower than current conditions or from projections. During the industry's 100+ year history, electric utilities have had the obligation to serve their customers' electricity needs and to acquire the power supply resources needed to do so—regardless of cost or economics. Long-term contracts bring stability and certainty to the cost side of a utility's power supply budget. Prior to the advent of organized electricity markets like ERCOT,just knowing costs was sufficient. Most of these costs could be reflected in electricity rate tariffs for customers with a modest ECA (energy cost adjustment) for changes in fuel commodity costs. Today, for budgeting, financial, and rate setting purposes, it is also necessary to realistically project ERCOT market prices/revenues (which vary hourly)—not just know costs. Georgetown's current budget issue results from inaccurate forward market forecasts of ERCOT market prices/revenues in 2018. DME and all other power producers in ERCOT are similarly impacted. As a result, ECAs must now reflect not only power costs (easy to project if contracted in advance) but also market prices/revenues, which are more difficult to project since weather (and resulting sales) is a large factor in addition to ERCOT grid/equipment conditions. As is prudent, Georgetown updated its energy cost adjustment rate (ECA) level for 2019 to address their recent and forecasted revenue shortfall. Denton will evaluate its ECA level, and its ECA methodology, during its FY 2019-2020 budget process. ATTACHMENTS: 1. "FAQ Georgetown Energy Contracts" from City of Georgetown, TX website 2. "Sun City Town Hall" PowerPoint Presentation by Georgetown City Manager dated January 24, 2019 from City of Georgetown, TX website 3. "What We're Doing Now" from City of Georgetown, TX website STAFF CONTACT: George F. Morrow DME General Manager 940-349-8487 George.Morrowkcityofdenton.com 108 FAQ Georgetown Energy Contracts—Georgetown Utility Systems •�14 101 N 96 0 • • Q I • we]me] • Departments Maps Report an Issue Font Size: S IMI IL_I IXL I.St 1848 GEORGETOWN Residents Business Culture& Recreation Government TEXAS Georgetown Georgetown Utility Systems > Electric> FAQ Georgetown Energy Contracts FAQ Georgetown Energy Contracts Download a copy of the electric purchased power costs presentation given to residents at the Sun City Town Hall meeting Jan. 24 here: Sun City Town Hall electric purchased power costs presentation. Video of the Jan. 22 presentation to the City Council on the electric fund can be viewed here 1. How does the City purchase electricity? The City electric utility purchases power from wholesale energy suppliers. The cost to purchase electricity includes the cost to generate and transmit power to Georgetown. Georgetown is under contract to purchase power from four different providers. The two largest energy providers are Spinning Spur 3, a windmill farm near Amarillo, and Buckthorn, a solar farm near Fort Stockton. The wind power covers the bulk of the city's energy needs. The solar farm provides energy needed during peak times of the day and year (primarily summer during the daylight hours). The third source of energy is a smaller wind farm operated by American Electric Power(AEP) which primarily covers Southwestern University's energy needs. The final energy contract is with Mercuria for natural gas-based energy. This contract was initiated in 2013 with the former JP Morgan following our termination of the City's relationship with LCRA. It was intended as a short-term power supply and is set to expire in 2022. 2. Is the City of Georgetown losing money on its purchased power contracts? No, not for the power used to meet the demand of the City's electric customers. The average cost of the power supplies is well within the City's current rates. For the excess power the City doesn't consume that is cleared to the market, the price depends on time-of-day and the season But on average for the year, this excess power is a loss due to depressed market prices. However, over time, the losses will lessen. The biggest relief will come in 2021 when the last Mercuria contract expires. That will create a savings of over $10 million per year. While the City's original strategy worked well when energy prices were high, the state's energy market is in turmoil with a drop in fuel prices. At the same time, the utility is seeing a drop in consumer demand which is largely driven by conservation efforts, energy-saving technologies, and more energy-efficient new construction. Due to these two factors, the City ended the 2018 fiscal year with a $6.84 million shortfall in the electric fund, leaving a fund balance of$1.97 million. It is important to note that 109 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems renewable energy is not the issue at hand, but the amount of energy under contract. Additional relief will come as electrical demand in Georgetown grows. The less electricity the City needs to clear to the market, the better the financial outlook. 3. Why did the City sign long-term contracts? Long-term contracts are standard practice among municipally-owned utilities and the best way to negotiate lower, fixed rates. Going back to the market every five or 10 years increases the city's exposure to what can be a volatile energy marketplace. Leading up to 2012, electric power prices were fluctuating and unstable. At the same time, there was uncertainty in how federal and state regulatory policies might impact traditional power generation via coal and fossil fuels. The contract with Spinning Spur 3 started in 2015 and runs until 2035. The contract with Buckthorn started in 2018 and runs until 2043. The AEP contract expires in 2028 and the Mercuria contract ends in 2021. The City recognizes that contracting for more energy than we currently need led to a risk of having to clear excess energy to the market. Due to depressed energy prices, the City is working to mitigate costs associated with that risk. 4. Was the current situation created by the city's move to all-renewable energy? No. The current changes in the electric fund are due to the amount of energy that the City has under contract, not the type energy. The outcome would have been the same if we had used the strategy with other sources of energy. Simply put, the City is buying more power than is consumed in Georgetown. The City did not anticipate disruptions in the market and overestimated the projected growth in demand. At the time renewable contracts were signed in 2013 and 2015, and based on a 20-year forecast of continued city growth, it was logical to anticipate the need for more energy. Georgetown continues to be one of the fastest growing cities in Texas, so the City remains ready to serve demand from consumers and businesses. At the same time, the City is planning several steps to adapt our strategy. 6. Why do we have more energy under contract than we need for Georgetown? In addition to preparing for city growth, a few other factors have led to the excess in power supply: • In addition to the public power utilities in Georgetown and Garland, a third public power utility was planning in 2013 to partner in purchases from Spinning Spur 3. However, that partner pulled out at the last minute. The City was left with two choices: either cover both shares pr walk away. If the City pulled out of the wind farm project, there would have been a substantial delay in procuring another source of energy. At that time, there were also federal tax credits for renewable energy set to expire. Without the tax credits, the costs associated with the wind farm could have gone up 20 percent. • In addition to having 50 percent more power than the City needed coming from the wind farm for the short-term, the City also contracted with a solar farm that was larger than it needed in the short-term. Contracting for the larger solar farm allowed more purchasing power at cheaper rates. At the time, it made sense to purchase for the more power for the longer term. • Smart technology and improvements in new home and commercial construction have slowed the growth in local energy consumption. Energy efficiency is indeed a good thing, but until we have a larger population to serve, we will continue to have excess power. The City clears excess power to the market. Because of the lower energy market costs, the City is clearing excess power at prices below the contracted rate. That will change when prices for power increase. In the meantime, the City is adjusting the original power strategy. 6. Don't the energy contracts provide a fixed energy cost? 110 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems The contracts guarantee a fixed-rate for the energy that is purchased. Current rates cover costs of energy consumed in Georgetown. The contracts require the City to purchase a set portion of the wind facility output and all of the solar facility output. When the market price of power decreases, the City is still obligated to pay the fixed-rate for power and sells the excess at a loss. When the contracts were executed, the City did not expect power prices to decline and remain low for years. If energy prices had maintained the trajectory they were on in 2013, the City would be experiencing a very different financial reality. However, the strategy does not work when energy prices are depressed and remain depressed for several years. 7. Why is the City just now addressing the increases in purchased power? Over the past few years, the energy market in Texas experienced a fundamental change. Forecasts provided by ERCOT, the State's energy grid operator, have proven to be unreliable. What were perceived as anomalies in 2016 and 2017 due to reduced consumption, unpredictable pricing, and unusually cold weather, masked the true impact of a depressed global energy market. Looking back, it is apparent that a longer-term trend of lower energy prices is the driving factor of the electric fund's current finances. The effect of depressed energy prices became abundantly obvious in 2018. In 2016, 2017, and 2018, the City addressed these ongoing challenges with one-time solutions, including adjusting how the City financed electric infrastructure projects (i.e. cash vs. debt financing), adjusting the timing of projects, increasing the power cost adjustment, or PCA on electric bills, and completing a rate study. All these efforts were intended to resolve what was previously perceived as one-time problems. These efforts did not resolve on-going financial arrangements with the City's energy providers. This year, the priority for the City is to change the on-going financial obligations of the electric fund. This could involve reducing the energy Georgetown is obligated to purchase, selling a portion of the energy to a third-party, adjusting the terms of some of the financial obligations, or some combination of all these efforts. The City is also exploring options to better manage the energy portfolio day-to-day. 8. What factors led to the growing underestimate of energy costs from 2016 through 2018? The City has traditionally estimated its future energy costs based on market projections provided by ERCOT. Since 2016, these projections have proven to be unreliable. Going forward, the City will estimate energy costs based on the previous year's performance, while taking into account the anticipated revenue from customers. Any shortfall will need to be addressed by restructuring the financial arrangements the City has with its energy providers and increasing or decreasing the power cost adjustment or PCA to account for fluctuations in energy costs. The City implemented a PCA on Feb. 1 to address the immediate financial concerns of the electric utility. The City has raised or decreased the PCA in the past to respond to power costs. Currently, the goal is to reduce the PCA as soon as possible. 9. When will the City not have excess energy? Based on the City's current growth in demand for electricity, the City expects to need to buy more energy in 2028. That is also when the energy contract for Southwestern University expires. At certain points in the coming years, the City may be short on energy supply during peak demand. Peak demand occurs during the summer months, when customers use the most electricity. The City expects to not be able to meet peak demand energy needs as early 2022. ill https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems This shortfall during peak demand also coincides with the expiration of the Mercuria contract, which expires in 2022 Growth in Peak Demand vs. Supply 330 300 250 200 1x 50 0 20. 2024 _V S N34 2043 This chart shows the peak energy supply available to Georgetown in green. The black line represents the peak demand for electricity in Georgetown. As early as 2022, Georgetown will need to secure additional energy during peak demand. 10. How much energy is produced for each energy contract? How much energy is consumed in Georgetown? How much energy is cleared to the market? The amount of energy produced by each energy contract can vary year-to-year. Additionally, the amount of energy consumed in Georgetown varies year-to-year. Further, energy production and energy consumption can change dramatically depending on the time of year. For example, in January 2018, Georgetown paid for 79,581 kWhs, and Georgetown customers used 52,742 kWhs. However, in July 2018 Georgetown paid for 100,554 kWhs, and Georgetown customers used 76,206 kWhs. Swings in production and consumption throughout the year are critical to keep in mind when reviewing Georgetown's energy usage for a given year. 112 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems Total power costs and total revenues $80,000,000 $73,100,000 $70,000,000 $65,001,374 $61,570,923 $60,000,000 $52,536,25 $50,000,000 $46,038,44 S44,SOo, $40.321,08 $40,000,000 $30,000,000 $20,000,000 $10,000,000 S- ,,,,� 2016 2017 2018" 2019" ••v,el, WMWeeaww,eRaO ■Total Power Costs E Total Revenues This chart shows the total power costs incurred by the City of Georgetown and the total revenues from Georgetown electric customers from 2016 to 2019. Note, the 2018 numbers are preliminary and unaudited. The 2019 numbers are a projection. 113 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems Consumption by Georgetown customers vs energy cleared to market in kwhs 1,400,000,000 1,200,000,000 1,000,000,000 1 580.:00,000 IR388,605,766 800,000,000 1256,0 II 600,000,000 400,000,000 200,000,000 0 2016 2017 2018 2019* ■Georgetown Customer Energy Consumption . Energy Cleared to Market This chart shows the amount of kilowatt hours (kwhs) consumed by Georgetown customers and the amount of kWhs that were cleared to the market. Note, the 2019 numbers are a projection. 114 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] FAQ Georgetown Energy Contracts—Georgetown Utility Systems Production by each energy contract in kWhs 1,400,000,000 1,200,000,000 420,000,000 1,000,000,000 602,941,760 110,541,650 800,000,000 600,000,000 575,058,235 647,699,527 600,000,000 400,000,000 65,744,579 64,084,160 65,000,100 200,000,000 66,355,085 300,558,000 245,040,000 100,528,000 175,200,000 2016 2017 2018 2019* •Mercuria(Gas)- ■AEP(Southwestern Wind Farm) •EDF(Spinning Spur 3 Wind Farm) Clearway(Buckthorn Solar Farm) This chart shows the amount of kilowatt hours (kWhs) produced by each of Georgetown's energy contracts between 2016 and 2019. Note, the 2019 numbers are a projection. GEORGETOWN VVater Electric Streets & Transportation Conservation Programs Garbage - 115 https://gus.georgetown.org/electric/faq-georgetown-energy-contracts/[3/5/2019 2:54:17 PM] e y4 j loop--4 - MANAG E R DAVID MORGAN - JAN UARY 241 2019 2019 Look Ahead South 's Best Named number 1 on The South's = EXPLORE southern Living SUBSCRIBE Best Cities to Live in 2018 by HOME • SOUTHS BEST Southern Living These Are The South's Best Cities to Live in 2018 Number 12 on The South's Prettiest Cities 2018 list by � ... Southern Living 1.Georgetown,Texas PHOTO BY VISIT GEORGETOWN/RUDY XIMENEZ 118 a G tit. �• l d � ru fi, r � � ` yr Citizen Survey 81 percent of residents rate the value of city services as good or excellent 98 percent of respondents rate #�� � � :�� to �.,�• _ �Y� . overall quality of 1' �^ ;'t�� ;. •: �' -'"arm Georgetown r tee. v,o k 35 AP 17 ,� ��i' •--....,,:�;� �, ,, '3 HIGH 14 Family and uilityrnnnart'in Y . 11 r .4 - ��� �: ,.-,fir • 1City Limits and ETJ ,�i .�,.. . ,0► G Addressing Current and Future Challenges Electric Purchased Power Costs Transportation Water/Wastewater .� •.. • • Plan Q&A ��� Mr•. tiiy raj � '�. �4M'�'F < � �� f�ply►�� ��� � �} .. Electric Purchased Power Costs BACKGROUND AND CURRENT STATUS OF THE CITY' S ELECTRIC FUND 2008 Purchased Goals Current policy direction on power portfolio goals Competitively priced Long-term stable rates on energy Mitigate regulatory, legislative, and financial risk 30% renewable by 2030 2008 Integrated Resource Plan ( IRP) 30% Renewable 30% Coal 30% Gas 10% Market Substitute Nuclear power for Coal or Gas if available 123 Contract History LCRA Primary Provider of energy from 1940-2012 Did not renew as they couldn't meet purchased power goals Aging fleet New investments were expensive No rate guarantees to the City 2008 — Signed small wind contract with AEP as a pass through deal for Southwestern University Utility had no other sources of power at this time 124 State of marl<ets in 2008 - 2012 Blocks of Power versus Load All forms of power were 160 expensive to acquire 140 City evaluated multiple 120 options in wind, coal, and 100 gas g° 60 Every option was above 40 electric rate targets • ' g 20 0 19 20 21 22 23 24 Hours of the Day Base Load �Intermediate �Peak lvzoShort Vw.Long Actual Load Competitive Procurement of Purchased Power 2012 LCRA contract terminated Began competitive procurement for energy (gas, coal, wind, solar, and nuclear) Philosophical design for the utility Targeted peak vs. base load protection Targeted future vs. current needs 2008-2012 had shown a high frequency of price spikes during peak demand 126 Competitive Procurement of Purchased Power 2012 Mercuria (MEA) contract approved through 2021 (Gas Contract) No long-term contracts available due to ERCOT forecasting shortage and resulting high energy prices 2013 Spinning Spur 3 (SS3) contract approved through 2035 (Wind Contract) 2015 Buckthorn Contract approved through 2043 (Solar Contract) 127 Competitive Procurement of Purchased Power Blocks of Power versus Load 200 if 150 r 100 BkTH $$ OAF do 50 10 SS3 $ MEA Block $$$ 0 19 20 21 22 23 24 Hours of the Day 128 Base Load �Wind Solar Short oFzzjSS3Long / Solar Long Actual Load Annual Peak Supply 350 300 250 200 150 100 50 0 MEA �EDF �BkTH t 129 a *MEA block ($$$) expires at the end of Dec. 2021 Why the long position ? Georgetown's energy demand was growing rapidly High frequency of price spikes for peaking energy in 2008-2014 ERCOT was forecasting energy shortages past 2021 Forecast for energy market predicted increasing prices State of the energy market in Mild weather depressed power prices throughout the year Power Natural Gas 50 5 40 4 N J N � 30 � 3 E E20 2 10 1 0 0 1Iti9I��16 3�29�ti�16 5�ti9�tiQ16 2Q16 I��16 I2�16 1�29�ti�16 3�ti9I��16 5�ti9���16 'I�ti9�ti�16 I2�16 1�29�tiQ16 1 1 2013 Power Forward curve —*--Actual Price 2013 GAS price forward +Actual Price State of the energy marl<et in Hurricane Harvey disrupted all of ERCOT Energy prices crashed Power Natural Gas 50 5 40 4 IV J Ln 3 �- 30 E t : 20 � 2 � 1 10 0 0 � � � Otis � � �1� � � Cj, �1� �1� 01� �1� �1� �1� �1� tiI�1I�'LI�aI� 3I31Iti AI30I2 5I31Iti 6I�OIti �I31I'� aI31I2 9I30I2 OI31I� tiI30I2 tiI31I2 3I31Iti 5I31I� �I31Iti 9I30Iti 11I30I2 1 1 2013 GAS price forward --*--Actual Price t2013 Power Forward curve --*--Actual Price State of the energy market in Return to normal weather patterns Normal market performance in late-May and all of June Prices crashed as more generation came online 50 Power 5 Natural Gas N 40 4 J N 30 3 E 20 E 2 E n 10 1 0 0 1I31I2�1$ 3�''1I2o1a 5�''1I2o1�b �31I2�1a 9I30I2�1$ 1�''OI2o1�b 31Iti�1a 31Iti�1a 31I,�Q13 31I2015 30I L�1a 3PIv"00 5� 2013 Power Forward curve tActual Price 2013 GAS price forward tActual Price State of the current energy market Market fundamentals have changed significantly since our contracts were originally proposed Power 2013 Power Forward curve ♦Actual power and current forward --*--2017 Forward 2018 Forward 160 140 120 N v 100 c 80 60 40 20 — 0 I- r, 00 00 00 00 00 00 rn rn rn rn M M O O O O O O -1 -i r-I r-I r-I c-I c-I r-I r-I r-I r-I c-I c-I c-I r-I �i -4 �I -1 -1 �I �I N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N [V N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ al M M M al al al al al al al al al M M al al al al al al al al al al al al M M al al M al al M M N N N N N N N N N N N N N N N N N N N N N N fV N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ r-I M Ln I, al r I r-I M Ill I- al r I r-I M Ln I, al r-I M Ln I- al r r-I M Ln I- al ri —4 M Ln I, al ri c-I c-I c-I c-I c-I c-I State of the current energy market Market fundamentals have changed significantly since our contracts were originally proposed Natural Gas 2013 GAS price forward Actual GAS and current forward 6 - 5 - 4 E 3 2 - 1 0 'y 'y ti ti ti Off" Off" Off" Off" Off" Off" Off" Off" Off" Off" Off" Off" Off" Off' O,' Off" Off" Off" Off" Off" Off" Off" Off" Off' Off' Off' Off' Off' Off' Off' Off' Off' Off' Off' Off' Off' ti ti ti ti ti ti 2019 electric fund actions •Budget based on rate target •Took advantage of November natural gas price spike to sell 2019 MEA gas and energy into the forward market •Initiated discussions with SS3 and Buckthorn on contract structure •Actively soliciting proposals from other utilities and brokers on selling remaining long position •Updating management strategies •Seeking alternatives for portfolio management going forward Electric Rate Structure Base Monthly Charge (100% of fixed costs) Currently $24.80 per month (up from $20.00 to offset increased investment) Variable per kWh Charge Target for all Power and Transmission Costs including ERCOT Fees and Charges $0.0629 per kWh Power Cost Adjustment Factor (PCA) $0.004 per kWh Delivery costs, fees, and charges incurred by the City $0.0329 per kWh Transmission Cost Adjustment Factor (TCA) 0.000 per kWh Used when unexpected increases to transmission rates occur during a budget vear PCA Adjustment Effective Feb. 1 the City will adjust the PCA by $0.0135 per kwh through the end of September The average customer uses 949 kilowatt hours per month and will experience a $ 12.82 increase on their monthly bill . The PCA adjustment will generate $6 million in FY2019, and is needed to ensure the financial stability of the electric fund should steps to reduce the long position take longer to implement than expected ZIP Transportation Williams Drive 1-35 intersection Lakeway intersection •= r � Rivery Blvd . and Northwest Blvd . Overlay Treatment in Sun City _ - , I'1 "Ilksr;. ••' 0`- • 11 .0 I I�I � � ^y-. III �,i • ''ll ' III I• Water and W Sun City Water Tower Raising The 2 Million Gallon Water Tank In Sun City Berry Creek Interceptor = -= II GEOR IxB GETO '*5 { LLXAS Water and Wastewater 2030 Plan Began an update to the 2030 Comprehensive Plan — City hosted On the Table in y September, involving more than , 1,500 people 4 e Long Range Land Use Map Future housing options tions � Commercial corridors Cost of S Combined Monthly Property Tax Rate and Utility Rate ( Home Value - $2501,000) Round Rock 313 Cedar Park 313 Georgeto%,,rn 323 Pflugerville 333 Temple 341 Killeen 361 Leander 369 Hutto 404 Austi n 434 Taylor 450 San Marcos 451 50 100 150 200 250 300 350 400 450 500 ,..d, :�tom•.- .- .e i -'++ _, Q&A - f; David Morgan David.Morgan@georgetown.org What We're Doing Now—Georgetown Utility Systems GISD VISIT GEORGETOWN CHAMBEROF • n CITY OF •' • Pay My Bill Departments Maps Report an Issue Font Size: S❑ ❑M 0 xL EST.I848 GEORGETOWN Residents Business Culture & Recreation Government TEXAS Georgetown Georgetown Utility Systems > Electric > What We're Doing Now What We're Doing Now Current Challenge Simply put, the City is buying more power than it currently needs. Over the past few years, the energy market in Texas has also experienced a fundamental change. Forecasts provided by the Electric Reliability Council of Texas, the State's energy grid operator, have proven to be unreliable. What were perceived as anomalies in 2016 and 2017, such as reduced consumption, unpredictable pricing, and unusually cold weather, masked the true impact of a depressed global energy market. The effect of depressed energy prices became abundantly obvious in 2018. At the same time, the utility is seeing a drop in consumer demand which is largely driven by conservation efforts, energy-saving technologies, and more energy-efficient new construction. Due to these two factors, the City ended the 2018 fiscal year with a $6.84 million shortfall in the electric fund, leaving a fund balance of$1.97 million. In 2016, 2017, and 2018, the City addressed these ongoing challenges with one-time solutions, including adjusting how the City financed electric infrastructure projects, such as cash versus debt financing, adjusting the timing of projects, increasing the PCA on electric bills, and completing a rate study. All these efforts were intended to resolve what was previously perceived as one- time problems. Suffice it to say, the City's strategy to mitigate fluctuating costs associated with purchasing energy has not worked. The focus on ensuring adequate energy supply and mitigating high-prices overshadowed the short-term consequences of having a surplus of energy in a depressed market. The City did not mitigate the risks associated with clearing energy at low prices. What we are doing now 1. Addressing the increased costs for purchasing power The City is working through several approaches to address increased costs. All of these efforts work to address the electric fund's current financial position. The City has reduced expenses in the electric department. This includes not issuing any new debt for capital projects, halting current projects, lowering the annual return on investment, or ROI, payment to the City's general fund, a temporary hiring freeze, and limiting noncritical expenditures. These one-time adjustments were addressed in the current budget and will be considered in future budget discussions. The power cost adjustment, or PCA, charge will continue through September. This is the charge which allows the City to 145 https://gus.georgetown.org/electric/what-were-doing-now/[3/20/2019 1:47:06 PM] What We're Doing Now—Georgetown Utility Systems recover costs associated with purchasing power. The PCA compensates for fluctuations in purchased power cost. The PCA is one tool to ensure the stability of the electric fund should efforts to manage costs take longer than expected. The City has increased and decreased the PCA several times over the years in response to changing energy prices. The City currently contracts with Enterprise Risk Consulting, LLC and Garland Power & Light for energy portfolio management. Based on the current challenges facing the electric utility, the City is requesting proposals to bring in new partners to help manage the energy portfolio day-to-day, as well as market the City's excess energy to other utilities for their use in the short- term. The City of Georgetown is seeking proposals for both managing the City's energy portfolio and for a comprehensive review of the City's management practices related to purchasing and managing energy. Both requests for proposals can be found on the City's website at purchasing.georgetown.org. Interested parties may submit questions regarding the solicitations to nicole.abrego@georgetown.org. The deadline to submit a proposals for the review of the City's management practices is 2 p.m. on Feb. 21. The deadline to submit questions is 5 p.m. on Feb. 15. The deadline to submit a proposals to review managing the City's energy portfolio is 2 p.m. on March 7. The deadline to submit questions is 5 p.m. on Feb. 22. 2. Making one-time adjustments to the current budget The City amended the following revenues related to the electric fund budget for the 2019 fiscal year that began Oct. 1, 2018: recognized the full year impact of continuing the PCA, reduced bond proceeds to zero, and recognized a portion of the proceeds from the Bloomberg Grant. The City amended the following expenses related to the electric fund budget to save about $2.3 million: reduced the transfer to General Fund by $1.2 million, reduced salary and benefits related to three vacant positions (an analyst, an engineering supervisor, and a journeyman electrician)for a savings of$316,488, deferred the purchase of a pressure digger vehicle for a savings of$434,050, transferred the $60,000 cost for the holiday lights to the convention and visitors bureau, deferred $222,000 worth of radio replacements, and saved $156,000 for deferring the issuance of bonds. The total capital improvement project budget was also reduced to $4 million from $7.9 million. 3. Adjusting electric rates The monthly charge customers pay increased by $4.80 starting Jan. 1 to cover costs associated with operating the electric department. The monthly charge increase included in the 2019 budget is to help cover costs associated with maintaining and growing the electric system in Georgetown. These costs include large projects like providing power to new subdivisions, burying overhead electric lines, and upgrading aging infrastructure. The rate change also includes consolidating the State's transmission charge, or TCOS, with the current energy charge. Beginning Feb. 1, the City is also increasing the Power Cost Adjustment, or PCA. Customers will incur an increase of$0.0135 per kilowatt hour, resulting in a new PCA of$0.0175 per kilowatt hour through September. The average customer uses 949 kilowatt hours per month and will experience a $12.82 increase on their monthly bill. GEORGETOWN 146 https://gus.georgetown.org/electric/what-were-doing-now/[3/20/2019 1:47:06 PM] What We're Doing Now—Georgetown Utility Systems Water Electric Streets & Transportation Conservation Programs Garbage & Recycling Utility Maps Rates Contact Us WHAT IS YOUR COLLECTION C SUBSCRIBE • OUR EMAIL * Email First name Last name i * required 00 1 I 1 Tube 1 1 I I 1 1 147 https://gus.georgetown.org/electric/what-were-doing-now/[3/20/2019 1:47:06 PM] What We're Doing Now—Georgetown Utility Systems ContactDepartment Directory Job Opportunities Policy k- Contact Webmaster Moderation Policy GEOR,GETOWN Maps Accessibility EmployeeTEXAS 148 https://gus.georgetown.org/electric/what-were-doing-now/[3/20/2019 1:47:06 PM] Date: March 22,2019 Report No. 2019-055 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Outdoor music venues and noise ordinance. EXECUTIVE SUMMARY: As downtown Denton continues to develop, new outdoor music venues and residences are being created, often in close proximity to each other. Since being named a "Texas Music Friendly Community" in 2018, staff has worked with the Texas Governor's Office of Music to explore best practices of other cities that have dealt with these issues. BACKGROUND: In the past four years, downtown Denton has had several new, primarily outdoor music venues open, and two more are scheduled to open this year. There have been some on-going issues with noise, Staff, under the direction of Sgt. Trent Jones, Police Department, and Julie Glover, Economic Development, has been working with venue owners to find solutions. The Governor's Office of Music suggested that attorney Rebecca Reynolds, of the Music Venue Alliance of Austin, could serve as a resource. On March 18, Reynolds came to Denton and met with Police Department officers, Economic Development staff, and venue owners from Back Yard on Bell, Harvest House, Steve's Wine Bar, Rubber Gloves Rehearsal Studio, and the non-profit group, Friends with Benefit. Issues discussed were: • Downtown growth; • New residents who may not understand the noise levels when they sign a lease; • Increase in complaints, including noise complaints at non-music shows (i.e., comedy nights); • Complications of road noise and the train adding to the decibel readings; and • How to reach out to residents to solve issues. Back Yard on Bell and Harvest House have both adjusted their music schedules so that there is no amplified music after 1 I p.m. on weeknights, or after midnight on Friday and Saturday nights. Both have reduced the number of musicians on stage at a time and reduced amplification levels. Back Yard on Bell has changed the direction their stage faces; it now points towards the Civic Center and not the neighborhood to the northwest. Some of the issues that on-duty Police have in enforcing the noise ordinance are: • Discovering which venue is responsible for the noise. Buildings tend to "bounce" the sound; • Exactly where to measure the decibels (the ordinance states "50 feet from the property line"but that isn't always clear); • Monitoring is somewhat subjective, depending on who answers the complaint; and 149 Date: March 22,2019 Report No. 2019-055 • Often road noise and passing trains register more than 65 decibels. CONCLUSION The City of Austin will share its new sound ordinance, which recommends having different decibel levels for different parts of the city, when it has been adopted. Staff will work on a survey to get input from residents, customers, venues and businesses. After the survey, staff will hold a Town Hall style meeting to get residents and venue owners together to work toward a consensus. Music is central to Denton's culture, identity and economy, and the creation of "third places" (gathering and community building) in our city is vital. Staff will keep City Council apprised of the progress on this issue. STAFF CONTACT: Julie Glover Economic Development Program Administrator (940) 349-7732 Julie.GloverAcityofdenton.com 150 Date: March 22,2019 Report No. 2019-056 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Agreements with Robson Development, L.P., Hillwood Investment Land, L.P., and Petrus Investment, L.P., for diversion of wastewater flows from Robson Ranch Water Reclamation Plant to the Denton wastewater collection system. BACKGROUND: The Robson Ranch development wastewater flows are currently treated at the Robson Ranch Water Reclamation Plant (RRWRP). This plant provides wastewater treatment service only to the Robson Ranch development, and currently has capacity to treat 375,000 gallons of average daily flow. To serve the fully developed condition of Robson Ranch the plant will need to have capacity to treat 1.6 million gallons of average daily flow. In July 2015, Robson developers, the Denton City Manager, the Assistant City Manager - Utilities, and wastewater staff met and reached an understanding to explore abandonment of the RRWRP and pumping all wastewater flows from Robson Ranch to the Denton wastewater collection system. This approach was considered positive for both the Robson development and the City. In the future, Denton will need to construct a wastewater treatment plant in the Hickory Creek sewer basin as the basin population continues to grow. When considering this future need, it would be impractical and costly to continue to run a small plant in the same sewer basin. There will be improved economies of scale for capital, operational, and maintenance costs gained from the future larger treatment facility. With the above understanding in place, staff worked on a Development Agreement with Robson developers. As part of this agreement, Denton would secure the necessary offsite easements, and design and construct the wastewater diversion facilities. Robson would pay $4 million for the wastewater diversion project. Upon completion of the diversion project, Robson will begin paying wastewater impact fees and would not be required to further expand the treatment capacity of the RRWRP. The RRWRP would then be decommissioned and converted into a pump station. In accordance with the Agreement, homes within Robson Ranch are required to pay impact fees and Robson Developers will receive an impact fee credit of$1,000 for the first 1,000 homes, for a total of$1,000,000 for funding the wastewater diversion infrastructure. Denton staff engaged Hillwood (representing Petrus Investment, L.P.) to acquire an easement that passes through the Hunter Ranch property owned by Petrus Investment, L.P.. Staff worked with Hillwood on an agreement and easement documents to memorialize the acquisition of the easement in Hunter Ranch. As part of providing the easement through Hunter Ranch for a nominal charge of$20, the City agreed to provide Hunter Ranch capacity for at least 800 single family equivalent in the gravity main that would run through the Hunter Ranch property. Hunter 151 Date: March 22,2019 Report No. 2019-056 Ranch will pay impact fees for all connections at the prevailing rate at the time of connection to the Denton wastewater system. Summary: Robson Agreement Cost Benefit Denton Cost Wastewater Diversion $4 Million* Avoid cost of additional plant $0 Project(Pumping expansion and permit Option) requirements and impact fee credit. *estimated cost to complete pumping option Petrus/Hillwood Agreement Cost Benefit Denton Cost Dedication of Easement Land Cost 800 SFE Wastewater Capacity* $20 *Impact fees will be paid Denton Savings with Wastewater Diversion Project instead of 1.6 MGD plant Plant option Wastewater Diversion Project Difference Annual O&M Costs $895,000 $65,000 Annual: $830,000 20 Year O&M Costs $17,900,000 $1,300,000 20yr: $16,600,000 The essence of the agreement for Denton is that the operation and maintenance of a remote wastewater treatment plant is more expensive than maintaining a pump station in Robson Ranch. In addition, Robson Ranch will begin paying wastewater impact fees that will help cover the cost of providing conveyance and treatment costs for the diverted Robson flows. Hunter Ranch is provided capacity in this system, which will help provide wastewater services as Hunter Ranch starts. In summary, the agreement provides benefits to all parties involved. DISCUSSION: Staff is bringing forward two consent agenda items containing ordinances approving agreements for wastewater service between the City of Denton and Robson Development, L.P. and Petrus Investments, L.P. /Hillwood Investment Land L.P., respectively. These items will be presented to the Public Utility Board for a recommendation on March 25, 2019 and then provided as consent agenda items to the City Council on March 26, 2019. Approval of both ordinances is required to complete this project. CONCLUSION: Staff recommends approval of the ordinances. 152 Date: March 22,2019 Report No. 2019-056 ATTACHMENT(S): None STAFF CONTACT: Kenneth Banks General Manager of Utilities (940) 349-7165 Kenneth.B anks(acityofdenton.com 153 Date: March 22,2019 Report No. 2019-057 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Update on the landfill expansion permit and expenses associated with the application process. BACKGROUND & DISCUSSION: During the City Council's January 8, 2019 work session, Solid Waste staff provided a progress report (Exhibit 1) on a permit application to expand the City's existing landfill located at 1527 S. Mayhill Rd. As part of the presentation, staff provided an overview of the investments and expenses associated with the application to date. This included property acquisitions totaling $8.23 million and professional services of approximately $2.13 million. The Council requested that staff provide information on additional expenditures required to complete the permitting process. The permit application is currently undergoing technical review by the Texas Commission on Environmental Quality (TCEQ). Once the permit is deemed technically complete, the TCEQ will issue notice requesting comments from the public, which will typically conclude after thirty (30) days. The TCEQ may elect to hold a public meeting in Denton to field comments and answer questions from interested parties. Following public comment and/or a public meeting, the TCEQ may either approve or reject the permit. If the permit is approved, the TCEQ's decision may be protested by individuals that could be adversely affected by the permit. In order to protest the TCEQ's decision, an individual must be able to demonstrate they are an"affected person." Individuals may qualify as an affected person if the landfill expansion impairs the requester's health or safety or interferes with the use or enjoyment of the requester's property. If such a protest occurs, the TCEQ may elect to refer the protest to the State Office of Administrative Hearings to resolve the protest. The City has contracted with two firms to assist with the completion of the remaining steps outlined above. Lloyd Gosselink Rochelle & Townsend is providing outside legal counsel and coordinating responses to the TCEQ's inquiries. Parkhill, Smith & Cooper is providing engineering services and responds to technical inquiries. The remaining expenses for the above tasks are estimated to total approximately $485,500; however, some expenses will not be necessary if public meetings or administrative hearings are not required. A breakdown of the remaining costs is outlined below: 154 Date: March 22,2019 Report No. 2019-057 Application Tasks Parkhill Smith & Cooper Lloyd Gosselink Rochelle & Townsend Technical Review $28,500 $10,000 Public Meetings&Hearing Requests - $140,000 (if necessary) Contested Case Hearings (if necessary) $30,000 $250,000 Permit Modification for Mayhill Rd $27,000 - There is adequate expenditure authority under the City's agreement with Lloyd Gosselink Rochelle & Townsend to accommodate the expenses detailed above; however, an amendment to the Parkhill, Smith & Cooper agreement is required to allow for the $85,500 in remaining expenses proposed by the firm. This change order will be presented for Council consideration during the April 2, 2019 City Council meeting. ATTACHMENTS: Exhibit 1: Landfill Expansion Presentation STAFF CONTACT(S): Ethan Cox Director of Solid Waste (940) 349-7421 Ethan.C oxkcityofdenton.com 155 Landfill Expansion MSW Permit No. i5goB SOLID WASTE DEPARTMENT CITY COUNCIL - JANUARY 8 , 2019 ID 19-033 01-08-2019 156 Background Current Landfill Permit Located at 1527 S. Mayhill Rd • Permitted in 1995 - Permit No. 159oA • Type I Municipal Landfill — Accepts municipal solid waste including putrescible waste, household waste, construction/demolition & some industrial wastes • Dispose 268,000+ tons/year Permit requirements • Compact/cover waste to control odors & pests • Gas management system • Litter control • Modern liners to prevent waste seepage into soils and surrounding areas • Maximum height limits ID 19-033 157 WhyExpand the Landfill? Remaining Landfill Life • 2017 Facility Closure Study - Expected closure in 2028 (10 yrs) • Recent changes may extend facility life to 2036 (18 yrs) • Landfill life is affected by waste volumes, compaction, and settlement Regional Growth & Landfills in North Texas • Rapid population & commercial growth • Current per capita waste disposal = 1,7511bs/year • Type I Landfills • Denton County currently has 3 but will reduce to 1 by 2036 ID 19-033 01-08-2019 158 Permit Amendment Details Landfill Expansion - No. 159oB 1 • Vertical & lateral expansion North of existing facility ` • 107.64 acres proposed for waste disposal r Divided into 11 cells - • Proposed height increase • Current permit height — 80.0 ft (+20 yrs) • Proposed permit height - 213.5 ft (+ o rs) i • Height may be reduced by TCEQ • Council may further restrict height by specific use permit (SUP)ID 19-033 0 0• 0 159 Landfill Permitting Process Completed • Property acquisitions totaling $8.23 million • Studies & professional services totaling $2.13 million+ • Surface water, groundwater, soil, traffic, air modeling, etc. • Permit application filed in January 2017. • Public notice issued via Denton Record Chronicle on April 3, 2017 Current Status • Undergoing Technical Review by TCEQ • Currently addressing TCEQ questions regarding floodplain improvements • TCEQ is still accepting public comments ID 19-033 160 RemainingSteps Upon Technical Completion • TCEQ will issue notice requesting comments from the public • Notice is issued to government officials, certain landowners, and citizens who submitted comments • Comment period concludes after 3o days • TCEQ publishes responses to comments • TCEQ may elect to hold a public meeting in Denton ID 19-033 161 City Council Direction Specific Use Permit (SUP) • Staff will recommend a new SUP following issuance of the permit • Council may choose to implement stricter standards regarding: • Maximum Height • Buffer/Setbacks • Landscaping & Aesthetics Council Directives • Council may also direct staff to alter operating plans (i.e. operating hours, litter control, etc.) to be more restrictive than defined by the permit ID 19-033 0 0• 0 162 Questions? Date: March 22,2019 Report No. 2019-058 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT Provide information regarding sales taxes on remote (internet) sales. BACKGROUND During the March 19, 2019 City Council meeting, Council Member Briggs requested information about recent court action and upcoming legislation regarding sales tax collections related to remote (internet) sales and their distribution to local governments, including the City of Denton. In June 2018, the U.S. Supreme Court in South Dakota v. Wayfair held that a South Dakota law requiring certain remote sellers to collect sales taxes on goods shipped to customers living in South Dakota is constitutional. In doing so, the Court overturned decades of legal precedent and set the stage for sales tax changes in Texas. In response to the Supreme Court decision, the Texas Comptroller's Office released a memo (Attachment 1) stating how the Wayfair decision could be applied to Texas and its local jurisdictions. The Comptroller's Office noted that in the decision, the Supreme Court paid special attention to aspects of the South Dakota law that were designed to prevent discrimination against or undue burdens on interstate commerce. The Supreme Court noted South Dakota's small seller exemption, the proactive effectiveness of the law, and South Dakota's membership in the Streamlined Sales and Use Tax Agreement(Texas is not a member). Because of the Supreme Court's treatment of the South Dakota law,the Comptroller indicated that there were many aspects of implementation that would need to be carefully considered in Texas prior to the collection of sales taxes from remote sellers. The Comptroller's Office immediately began reviewing agency rules related to the establishment of the business/economic nexus in sales and how to create a safe harbor for small sellers. The Comptroller's Office also noted that, whatever changes or legislation is necessary, the law would not be retroactively applied. In the memo,the Comptroller also noted that,while some rule or legislative changes are necessary to fully implement the Wayfair decision, "[w]ith appropriate notice, and prior to legislative action, Tax Code § 151.107(a)(5)(Retailer Engaged in Business in the State) could be imposed on remote sellers to the extent they "[solicit] orders for taxable items by mail or through other media," meaning, for example, sellers who solicit sales in Texas through catalogs and emails." The Comptroller also made specific requests to the Legislature regarding areas of the Texas Tax Code that would need to be amended. The 86th Texas Legislature has already taken up bills related to the implementation of the Wayfair decision. HB 1525, introduced by Representative Burrows (Attachment 2), and SB 890, introduced by Senator Nelson, outline the administration and collection of sales taxes involving remote sellers. These bills make the necessary changes in law to define a marketplace seller, set the seller's duty to collect taxes, and determine the location of the sale as the location the items are to be delivered. 164 Date: March 22,2019 Report No. 2019-058 While those bills focus on tax administration, HB 2153, introduced by Representative Burrows (Attachment 3), and SB 70, introduced by Senator Nelson, directly impact how the Wayfair decision affects local governments in Texas.HB 2153/SB 70 would amend Chapter 151 of the Tax Code to provide for a single local use tax rate in lieu of combined local tax rates to sales of taxable items collected by certain remote sellers. The bills call on the Comptroller to set a single local use tax rate that remote sellers can use instead of using the specific tax rate of a given jurisdiction. Distribution of local tax revenue remitted by remote sellers would be made by the Comptroller to eligible taxing units in the same percentage shares as those taxing units receive of allocations of other local sales and use tax revenues. The bills require the Comptroller to adopt any rules necessary for implementation by Oct. 1, 2019 and does not require a remote seller to collect local taxes on sales of taxable items before Oct. 1,2019. The bill's fiscal note(Attachment 4)estimates that the combined local rate will be 1.75%based on FY 2018 data. HB 1525 and HB 2153 were heard in the House Ways and Means Committee on March 13 and committee substitute bills were voted favorably out of Committee on March 20. As of March 21, action on SB 70 and SB 890 is pending in the Senate Finance Committee. Staff anticipates that HB 1525, HB 2153, SB 70, and SB 890 will pass and be signed into law by Governor Abbott. DISCUSSION The bills, as currently written, should have a positive impact on the City of Denton's sales tax collections. The Comptroller's Office estimates that these bills will generate a combined $40 million in new revenue for Texas cities in 2020 (fiscal note from HB 1525, Attachment 5), with that revenue increasing in future years. Because the distribution of the revenues will be based on the percentage of total sales tax revenues that a city contributes, Denton should see an increase in sales tax collections after the bill goes into effect. The exact value of an increase will depend on the volume of taxable items purchased and Denton's percentage of overall sales tax collections in the future. Additionally, it is unknown how the Comptroller will treat Denton's percentage share since the combined local option tax rate in the city is 2%, which includes Denton County Transportation Authority's share (0.5%). ATTACHMENTS 1. Texas Comptroller Memo-Wayfair decision 2. House Bill 1525 3. House Bill 2153 4. House Bill 2153 Fiscal Note 5. House Bill 1525 Fiscal Note STAFF CONTACT: Jessica Rogers Deputy Director of Public Affairs & IGR (940) 349-7531 Jessica.Rogers(kcityofdenton.com 165 3/21/2019 https://star.comptroller.texas.gov/view/201 8070041 201807004L [Tax Type: Sales] [Document Type: Letter/Memo] The Comptroller of Public Accounts maintains the STAR system as a public service. STAR provides access to a variety of document types that may be useful in researching Texas tax law and tax policy. Documents which provide the Comptroller's interpretation of the tax laws are accurate for the time periods and facts presented in the documents. Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly issued. Documents on STAR that no longer represent current policy may be completely or partially superseded, but there is no assurance that a document on STAR represents current policy even if it has not been marked as superseded. Tax laws are complex and subject to change. Interpretations of the laws may be affected by administrative hearings, court opinions, attorney general opinions and similar authorities. STAR is a research tool, not a substitute for legal advice. If there is a conflict between the law and the information found on STAR, any decisions will be based on the law. Texas Comptroller of Public Accounts STAR System 201807004L July 5, 2018 Wayfair and the Ability of Texas to Require Remote Sellers to Collect Sales and Use Taxes South Dakota v. Wayfair, 585 U.S. (6/21/18) Press Contact: Chris Bryan or Kevin Lyons at 512-463-4070 Legislative Contact: Nikki Cobb at 512-463-7252 Summary of the Decision In a 5-4 decision, the U.S. Supreme Court overruled two prior decisions that held that a state can only impose sales and use tax collection responsibilities on sellers of goods and services when they have a physical presence in the state. See Quill Corp. a North Dakota, 504 U.S. 298 (1992) and National Bellas Hess, Inc. v. Department ofRevenue oflll., 386 U.S. 753 (1967). The decision means that states—and local jurisdictions—can now impose tax collection responsibilities on sellers who have an economic presence. For example, a state could decide that out-of-state sellers have to collect and remit sales and use tax once they make total sales into the state of$250,000 during the prior calendar year. The Court remanded the case for further proceedings, which means the case is not final, and there could be other litigation on the question of when a state or local jurisdiction can require remote sellers to collect and remit sales and use taxes. 166 https://star.comptroller.texas.gov/view/201 8070041 1/4 3/21/2019 https://star.comptroller.texas.gov/view/2018070041 The decision noted that prior Supreme Court cases impose two key limits on state authority regarding the taxation of interstate commerce, which are still good law: 1. States may not discriminate against interstate commerce, which essentially means states may not treat out-of-state sellers worse than in-state sellers; and 2. States may not impose undue burdens on interstate commerce, the meaning of which is an open question as further explained below. The Court also affirmed that states cannot impose collection responsibilities on sellers unless the tax applies to an activity with a substantial nexus with the state, which means the seller"avails itself of the substantial privilege of carrying on business" in that jurisdiction."See Complete Auto Transit, Inc. a Brady, 430 U.S. 274 (1977) and Polar Tankers, Inc. a City of Valdez, 557 U.S. 1 (2009). The court held that Wayfair, along with Overstock.com and Newegg, who also challenged the South Dakota law at issue, had sufficient nexus with South Dakota based on their economic and virtual contacts with the state. The court noted that applying a tax retroactively could cause discrimination and undue burden on interstate commerce,but it was not an issue for the court to resolve at this time. In addition, Congress has authority under the Commerce Clause of the U.S. Constitution to address these issues, which means Congress could choose to respond to the Wayfair decision by passing laws to change the outcome. The court did not determine exactly what constitutes an undue burden on interstate commerce, but noted that the South Dakota law in question "includes several features that appear designed to prevent discrimination against or undue burdens upon interstate commerce" as follows: 1. A small seller exception. The law only applies to sellers that deliver more than $100,000 of goods or services into South Dakota or engage in 200 or more separate transactions for the delivery of goods and services into South Dakota annually; 2. The law is not retroactive; and 3. South Dakota is a member of the Streamlined Sales and Use Tax Agreement. (Texas is not a member and could only become a member through legislative action.) The agreement provides for, among other things, uniform definitions of certain products and services, simplified tax rates and immunity from audit liability for sellers that utilize sales tax administration software paid for by the state members. What the Comptroller is Doing Now We are proceeding carefully and deliberately to fully understand this historic decision, while seeking input in order to implement the new law in a way that best serves the state of Texas, our citizens and the businesses already operating here. We welcome input from all stakeholders, including: 1. Legislators; 167 https://star.comptroller.texas.gov/view/2018070041 2/4 3/21/2019 https://star.comptroller.texas.gov/view/2018070041 2. Texas retailers; 3. Remote sellers and marketplace providers who are currently not collecting; 4. Local taxing jurisdictions; 5. Our Taxpayer and Business Advisory Groups; and 6. Trade associations and other affected parties. We are reviewing agency rules that need amending to, for example, explain the amount of economic nexus in sales and/or transactions required to create a safe harbor for small sellers. We intend to adopt new rules under our current legal authority in early 2019,but this could change depending on issues that arise during the rulemaking process. We will not apply the new law retroactively to remote sellers that have no physical presence in Texas; we want a smooth transition and a successful partnership with remote sellers who start collecting and remitting Texas taxes. We will provide ample notice to remote sellers as to when they need to start collecting and remitting. Considerations for the Legislature We are reviewing Texas statutes the Legislature may consider updating when it convenes in 2019. We will continue to work with state legislators to ensure they are fully briefed on our progress. With appropriate notice, and prior to legislative action, Tax Code § 151.107(a)(5) (Retailer Engaged in Business in the State) could be imposed on remote sellers to the extent they"[solicit] orders for taxable items by mail or through other media,"meaning, for example, sellers who solicit sales in Texas through catalogs and emails. We suggest the Legislature consider reviewing the following provisions, which could help address the legal requirement that states not impose undue burdens on remote sellers: 1. Amend the definition of"seller" and"retailer" in Tax Code § 151.008 ("Seller" or "Retailer") to include marketplace platforms used by third-party sellers and provide adequate liability protection for the marketplaces that collect and remit for those sellers. 2. Amend Tax Code § 151.059 (Fee Imposed in Lieu of Local Sales and Use Taxes), which currently allows a nonresident(remote) seller to pay a fee based on a weighted average local sales and use tax rate in lieu of collecting local sales and use tax based on actual local tax rates. This statute currently only applies to a change in collection responsibilities based on the passage of federal legislation, not to changes in federal law based on a court case such as Wayfair. 3. Amend Tax Code § 151.107(c),which is a companion provision to § 151.059. This statute imposes a collection responsibility on sellers of only tangible personal property, and not taxable services, if federal legislation passes. 168 https://star.comptroller.texas.gov/view/2018070041 3/4 3/21/2019 https://star.comptroller.texas.gov/view/2018070041 Fiscal Impact We expect that state and local jurisdictions will see tax collections increase because of the Wayfair decision, but the amount depends on several questions raised by the decision that are yet to be resolved relating to, for example, eliminating undue burdens on remote sellers. More specific estimates will be provided as the implementation and legislative process continues. An estimate developed in 2014 projected that up to $840 million in state sales taxes in fiscal 2017 would be uncollected by remote sellers through all channels, including catalogs, emails and phone. There have been significant changes in the online marketplace during the last four years. As a result, the Wayfair decision does not mean the state will collect the amount estimated in 2014. More specifically, the prior estimate needs to be considered in light of the following factors: 1. In the past year, some remote sellers have volunteered to collect in anticipation of the Wayfair decision or for other reasons. For example, some taxes are now being collected due to the fall 2017 amnesty program sponsored by the Multistate Tax Commission nexus program for third-party sellers using Amazon's online marketplace. 2. Growth in internet sales in recent years has been concentrated among the largest retailers, most of which already collect Texas sales and use taxes. 3. A portion of taxes on remote sales will never be collected because the sales will be under the economic nexus threshold for small sellers, which is yet to be determined in Texas. 4. There will always be some non-compliance by remote sellers,just like there is continued non-compliance by some in-state sellers. 5. There will be some gain depending on the agency's implementation of the new law and related legislative action. 6. Wayfair is already collecting in Texas. Overstock.com has announced it will start collecting in all jurisdictions across the country because of the Wayfair decision. ACCESSION NUMBER: 201807004L SUPERSEDED: N DOCUMENT TYPE: L DATE: 2018-07-05 TAX TYPE: SALES 169 https://star.comptroller.texas.gov/view/2018070041 4/4 By: kIC��C�ti� _.B. No. Substitute the following for t:�.B. No. By: C.S.f B. No. I:2� A BILL TO BE ENTITLED 1 AN ACT 2 relating to the administration and collection of sales and use 3 taxes applicable to sales involving marketplace providers. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 151.008(b) , Tax Code, is amended to read 6 as follows: 7 (b) "Seller" and "retailer" include: 8 (1) a person in the business of making sales at auction 9 of tangible personal property owned by the person or by another; 10 (2) a person who makes more than two sales of taxable 11 items during a 12-month period, including sales made in the 12 capacity of an assignee for the benefit of creditors or receiver or 13 trustee in bankruptcy; 14 (3) a person regarded by the comptroller as a seller or 15 retailer under Section 151.024; 16 (4) a hotel, motel, or owner or lessor of an office or 17 residential building or development that contracts and pays for 18 telecommunications services for resale to guests or tenants; 19 (5) a person who engages in regular or systematic 20 solicitation of sales of taxable items in this state by the 21 distribution of catalogs, periodicals, advertising flyers, or 22 other advertising, by means of print, radio, or television media, 23 or by mail, telegraphy, telephone, computer data base, cable, 24 optic, microwave, or other communication system for the purpose of 86R19841 BEF-D 1 170 1 effecting sales of taxable items; [-a"] 2 (6) a person who, under an agreement with another 3 person, is: 4 (A) entrusted with possession of tangible 5 personal property with respect to which the other person has title 6 or another ownership interest; and 7 (B) authorized to sell, lease, or rent the 8 property without additional action by the person having title to or 9 another ownership interest in the property; and 10 (7) a person who is a marketplace provider under 11 Section 151.0242. 12 SECTION 2. Subchapter B, Chapter 151, Tax Code, is amended 13 by adding Section 151.0242 to read as follows: 14 Sec. 151.0242. MARKETPLACE PROVIDERS AND MARKETPLACE 15 SELLERS. (a) In this section: 16 (1) "Marketplace" means a physical or electronic 17 medium through which persons other than the owner or operator of the 18 medium make sales of taxable items. The term includes a store, 19 Internet website, software application, or catalog. 20 (2) "Marketplace provider" means a person who owns or 21 operates a marketplace and directly or indirectly processes sales 22 or payments for marketplace sellers. 23 (3) "Marketplace seller" means a seller, other than 24 the marketplace provider, who makes a sale of a taxable item through 25 a marketplace. 26 (b) Except as otherwise provided by this section, a 27 marketplace provider has the rights and duties of a seller or 86R19841 BEF-D 2 171 1 retailer under this chapter with respect to sales made through the 2 marketplace. 3 (c) A marketplace provider shall: 4 (1) certify to each marketplace seller that the 5 marketplace provider assumes the rights and duties of a seller or 6 retailer under this chapter with respect to sales made by the 7 marketplace seller through the marketplace; 8 (2) collect in the manner provided by Subchapters C 9 and D the taxes imposed by this chapter on sales of taxable items 10 made through the marketplace; and 11 (3) report and remit under Subchapter I the taxes 12 imposed by this chapter on all sales made through the marketplace. 13 (d) A marketplace seller who in good faith accepts a 14 marketplace provider's certification under Subsection (c) (1)_shall 15 exclude sales made through the marketplace from the marketplace 16 seller's report under Subchapter I, notwithstanding Section 17 151.406. 18 (e) A marketplace seller shall retain records for all 19 marketplace sales as required by Section 151.025. 20 (f) A marketplace seller shall furnish to the marketplace 21 provider information that is required to correctly collect and 22 remit taxes imposed by this chapter. The information may include a 23 certification of taxability that an item being sold is a taxable 24 item, is not a taxable item, or is exempt from taxation. 25 (g) Except as provided by Subsection (h) , a marketplace 26 provider is not liable for failure to collect and remit the correct 27 amount of taxes imposed by this chapter if the marketplace provider 86R19841 BEF-D 3 172 1 demonstrates that the failure resulted from the marketplace 2 provider's good faith reliance on incorrect or insufficient 3 information provided by the marketplace seller. The marketplace 4 seller is liable for a deficiency resulting from incorrect or 5 insufficient information provided by the marketplace seller. 6 (h) A marketplace provider and marketplace seller that are 7 affiliates or associates, as defined by Section 1.002, Business 8 Organizations Code, are jointly and severally liable for a 9 deficiency resulting from a sale made by the marketplace seller 10 through the marketplace. 11 (i) This section does not affect the tax liability of a 12 purchaser under Section 151.052 or 151.102. 13 (i) A court may not certify an action brought against a 14 marketplace provider concerning this section as a class action. 15 (k) The comptroller may adopt rules and forms to implement 16 this section and by rule except certain small marketplace providers 17 from some or all of the requirements of this section. 18 SECTION 3. Section 321.203, Tax Code, is amended by adding 19 Subsection (e-1) to read as follows: 20 (e-1) Notwithstanding any other provision of this section, 21 a sale of a taxable item made by a marketplace seller through a 22 marketplace as provided by Section 151.0242 is consummated at the 23 location in this state to which the item is shipped or delivered or 24 at which possession is taken by the purchaser. 25 SECTION 4. Section 323.203, Tax Code, is amended by adding 26 Subsection (e-1) to read as follows: 27 (e-1) Notwithstanding any other provision ofthis section, 86R19841 BEF-D 4 173 i 1 a sale of a taxable item made by a marketplace seller through a 2 marketplace as provided by Section 151.0242 is consummated at the 3 location in this state to which the item is shipped or delivered or 4 at which possession is taken by the purchaser. 5 SECTION 5. The changes in law made by this Act do not affect 6 tax liability accruing before the effective date of this Act. That 7 liability continues in effect as if this Act had not been enacted, 8 and the former law is continued in effect for the collection of 9 taxes due and for civil and criminal enforcement of the liability 10 for those taxes. 11 SECTION 6. This Act takes effect October 1, 2019. 86R19841 BEF-D 5 174 By: b�vS _.B . No. Substitute the following for �J_.B . No . 'L5 : By: C. S . F .B . No . ca A BILL TO BE ENTITLED 1 AN ACT 2 relating to a single local use tax rate as an alternative to 3 combined local use tax rates for computing the amount of local use 4 taxes remote sellers are required to collect and to the allocation 5 of tax revenue collected at that rate . 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : 7 SECTION 1. The purpose of this Act is to provide an 8 optional, simplified means of computing the amount of local use tax 9 remote sellers are required to collect following the decision of 10 the United States Supreme Court in South Dakota v. Wayfair, Inc. , 11 138 S. Ct . 2080 (2018) . 12 SECTION 2 . Subchapter C, Chapter 151, Tax Code, is amended 13 by adding Section 151.0595 to read as follows : 14 Sec . 151.0595 . SINGLE LOCAL TAX RATE FOR REMOTE SELLERS . 15 (a) In this section, "remote seller" means a seller whose only 16 activities in this state are described by Section 151. 107 (a) (4) or 17 (5) . 18 (b) A remote seller required to collect and remit one or 19 more local use taxes in connection with a sale of a taxable item 20 made by the remote seller shall compute the amount to collect and 21 remit using: 22 ( 1) the combined rate of all applicable local use 23 taxes authorized or governed by Title 3; or 24 (2) at the remote seller's election, the single local 86R19842 BEF-F 1 175 1 use tax rate published in the Texas Register as required by 2 Subsection (d) . 3 (c) A remote seller who elects under Subsection (b) (2) to 4 use the single local use tax rate shall notify the comptroller of 5 the election before using that rate. The election applies to all 6 sales of taxable items made by the remote seller unless the remote 7 seller revokes the election by notifying the comptroller . Notice to 8 the com2troller under this subsection must be in the form and manner 9 provided by the comptroller . 10 (d) The single local use tax rate effective in a calendar 11 year is equal to the estimated average rate of local sales and use 12 taxes imposed in this state during the preceding state fiscal year , 13 as determined under Subsection (e) . Before the beginning of a 14 calendar year , the comptroller shall publish in the Texas Register 15 notice of the single local use tax rate that will be in effect for 16 that calendar year . 17 (e) As soon as practicable after the end of a state fiscal 18 year , the comptroller shall determine the estimated average rate of 19 local sales and use taxes imposed in this state during the preceding 20 state fiscal year by: 21 (1) dividing the total amount of net local sales and 22 use taxes remitted to the comptroller under this section and Title 3 23 during that state fiscal year by the total amount of net state sales 24 and use taxes remitted to the comptroller under this chapter during 25 that state fiscal year ; 26 (2) multiplying the amount computed under Subdivision 27 (1) by the rate provided by Section 151.051; and 86R19842 BEF-F 2 176 1 (3) rounding the amount computed under Subdivision (2) 2 to the nearest .0025. 3 (f) Notwithstanding Section 111. 104 (b) , a purchaser may 4 annually apply for a refund of any amount by which the amount of use 5 tax computed using the rate described by Subsection (b) (2) and paid 6 by the purchaser exceeds the amount the purchaser would have 2aid if 7 that tax had been computed using the rate described by Subsection 8 (b) ( 1) . The comptroller may adopt rules regarding the procedure 9 and proof required for the refund. 10 (g) A person storing, using, or consuming in this state a 11 taxable item purchased from a remote seller is not liable for any 12 additional amount of local use tax authorized or governed by Title 3 13 if the remote seller elects under Subsection (b) (2) to use the 14 single local use tax rate and the person pays to the remote seller 15 the amount of local use tax computed on the purchase using the 16 single local use tax rate. 17 (h) The comptroller shall administer , collect , and enforce 18 local use taxes computed using the single local use tax rate . 19 (i) The comptroller shall apportion and distribute revenue 20 from local use taxes computed using the single local use tax rate as 21 provided by Section 403 . 107, Government Code . 22 (j ) The comptroller may adopt rules to administer this 23 section. 24 SECTION 3 . Section 403 . 107, Government Code, is reenacted 25 and amended to read as follows: 26 Sec . 403. 107 . SINGLE LOCAL USE TAXES COLLECTED BY REMOTE 27 SELLERS [ Two AND USST�-TAX FEES] . (a) The comptroller shall 86R19842 BEF-F 3 177 1 deposit revenue remitted to the comptroller from taxes computed 2 using the single local use tax rate under Section 151.0595 (b) (2) 3 [fees Impesed- Rcszi on 154,.Q5Q1 , Tax Code, in the state 4 treasury and shall keep records of the amount of money deposited 5 for each reporting period. Money deposited under this 6 subsection [SlaGh fees] shall be held in trust for the benefit of 7 eligible taxing units, as determined under Subsection (b) [ in UI;2 8 ] . The comptroller 9 shall distribute money held in trust [ice ty-ne saasipense asc-emits] 10 under this section to each eligible taxing unit in the amount and 11 manner provided by [feerl lam-eic] this section. 12 (b) A local taxing unit is an eligible taxing unit for 13 purposes of [te-receive-funds andeEl this section if it has adopted 14 a sales and use tax authorized or governed by Title 3, Tax Code 15 [endeE GhagteE 321-,-Ghaia-te* 922 , 9E Eh pteE 323-, TaiE Gede,er has 16 ad ep t e d —leenal R-ales,--and- ;ase-tax geve r n e d 4:n payt by anygr��i�ie 17 4f them a„} *6] . 18 (c) Subject to Subsection (d) , the [The] comptroller shall 19 transmit to each eligible taxing unit's treasurer , or to the 20 officer performing the functions of that office, on a monthly 21 [p&ax#eE!y1 basis, the taxing unit's share of money held in trust 22 under Subsection (a) [the fees itte tR- the _- ..,,t,,,.11eE] , 23 together with the pro rata share of any penalty or interest on 24 delinquent taxes computed using the single local use tax rate 25 [gees] that may be collected. Before transmitting the funds, the 26 comptroller shall deduct two percent of [t e alle ted tel 27 each taxing unit's share [mot] as a charge by the state for its 86R19842 BEF-F 4 178 1 services under this section and deposit that amount into the state 2 treasury to the credit of the comptroller 's operating fund. 3 Interest earned on all deposits made in the state treasury under 4 this section shall be credited to the general revenue fund. 5 (d) The comptroller shall retain [ice ty-AMER sIRepeRSe asGGaRt 6 taxing unit] a portion of each eligible [tie] taxing unit's 7 share of money held in trust under Subsection (a) [tnc €feu 8 ealle to ] , not to exceed five percent of the amount eligible to be 9 transmitted [ ;= Q] to the taxing unit under Subsection (c) . 10 From the amounts retained [ ' ] , 11 the comptroller may make refunds for overpayments of taxes computed 12 using the single local use tax rate , make refunds to purchasers as 13 provided by Section 151.0595 (f) , Tax Code, and [tom tIfie ast—ate 14 t-e] redeem dishonored checks and drafts deposited under Subsection 15 (a) [t e the e dd i 4E of tieAt-] . 16 (e) The [Unless anetheE is Ee"ired by gederal la;:, 17 fie] comptroller shall compute for each calendar month [R7aaEt*1 18 the percentage of the total sales and use tax allocations made 19 pursuant to Title 3 , [sfthe] Tax Code, including any local sales 20 and use taxes governed by any provision of Title 3 , [of the] Tax 21 Code , to each eligible taxing unit . The comptroller shall 22 determine each eligible taxing unit's share of the money held_ in 23 trust from deposits under Subsection (a) for that month by applying 24 the percentage computed under this subsection for the eligible 25 taxing unit [and- sy-h-A11 apply that ereentaEje] to the total amount 26 held in trust from deposits for that month [fP ee—eellerte y- c ..+ ; e i5 9 ,a r, 2 7 v-�zcsvzrx�iivv��'$z���ce-�r-u�(�—cr�l0 ce�-t e�—t����$1�l� ts��f�33{�-=�iri t$ 86R19842 BEF-F 5 179 2 (f) The comptroller may combine an eligible taxing unit's 3 share of the money held in trust under Subsection (a) [-^^^ " M-ittied 4 A:r se l I P o t o d 8PQ*:ien161.Q5 9,r—Tax Cede, a saspense—asGqaR 5 ] with 6 other money s t suspense held for that taxing unit 7 [e-x ethe-r allaaatie fade *;A- the It Mitlp 3 Lq€ #Iqp 8 E ] . 9 (q) The comptroller may adopt rules to administer this 10 section. 11 SECTION 4. Sections 151.059 and 151. 107 (c) , Tax Code, as 12 added by Chapter 291 (H.B. 2215) , Acts of the 71st Legislature, 13 Regular Session, 1989, are repealed. 14 SECTION 5 . The changes in law made by this Act do not affect 15 tax liability accruing before the effective date of this Act . That 16 liability continues in effect as if this Act had not been enacted, 17 and the former law is continued in effect for the collection of 18 taxes due and for civil and criminal enforcement of the liability 19 for those taxes. 20 SECTION 6. (a) This Act does not require a remote seller , 21 as defined by Section 151.0595 , Tax Code, as added by this Act , to 22 collect local use taxes on sales of taxable items made before 23 October 1, 2019. 24 (b) Notwithstanding Section 151.0595 (d) , Tax Code, as added 25 by this Act , the single local use tax rate in effect for the period 26 beginning October 1, 2019, and ending December 31, 2019, is 1. 75 27 percent . 86R19842 BEF-F 6 180 1 SECTION 7 . This Act takes effect October 1, 2019. 86R19842 BEF-F 7 181 3/21/2019 86(R)HB 2153-Introduced version-Fiscal Note LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION March 12, 2019 TO: Honorable Dustin Burrows, Chair, House Committee on Ways & Means FROM: John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board IN RE: OHB21530 by Burrows (Relating to a single local use tax rate as an alternative to combined local use tax rates for computing the amount of local use taxes remote sellers are required to collect and to the allocation of tax revenue collected at that rate.), As Introduced No fiscal implication to the State is anticipated. The bill would amend Chapter 151, Tax Code to provide for a single local use tax rate in lieu of combined local use tax rates applicable to sales of taxable items by certain remote sellers. Section 151.0595 would be added to provide that a remote seller required to collect and remit one or more local use taxes shall compute the amount to collect and remit either by using the combined rate of all applicable local use taxes or, at the remote seller's election, the single local use tax rate. "Remote seller" would be defined as a seller whose only activities in the state are described in Sections 151.107(a)(4) or (5): regular or systematic solicitation of sales of taxable items in the state by distribution of catalogs, periodicals, advertising flyers, or other advertising, by means of print, radio, or television media, or by mail, telegraphy, telephone, computer data base, cable, optic, microwave, or other communication system for the purpose of effecting sales; or solicitation of orders for taxable items by mail or through other media if the seller under federal law is subject to or permitted to be made subject to the jurisdiction of this state for the purpose of sales tax collection. A remote seller who elects to use the single local use tax rate would be required to notify the comptroller of the election before using the rate, and the rate would apply to all taxable sales of the remote seller. The single local use tax rate effective in a calendar year would be the estimated average rate of local sales and use taxes imposed during the preceding state fiscal year. That rate would be determined by the comptroller by multiplication of the ratio of local sales tax remittances to state sales tax remittances during the preceding fiscal year times the state sales tax rate, rounded to the nearest one-fourth of one percent. A purchaser could annually apply to the comptroller for a refund of the excess when payment of tax based on the single local use tax rate exceeds the amount of tax that would have been paid had tax been 182 https:Hcapitol.texas.gov/Search/DocViewer.aspx?ID=86RHBO21531 F&QueryText=%22hb2153%22&DocType=F 1/2 3/21/2019 86(R)HB 2153-Introduced version-Fiscal Note paid based on the combined rate of otherwise applicable local taxes. A purchaser who pays tax to a remote seller at the single local use tax rate would not be liable for any additional amount of local use tax that might otherwise be due had the remote seller not elected to use the single local use tax rate. Distribution of local tax revenue remitted by remote sellers electing to use the single rate would be made by the comptroller, on a monthly basis after applicable deductions, to eligible taxing units in the same percentage shares as those taxing units receive of allocations of other local sales and use tax revenues. The bill would provide that the comptroller adopt any rules necessary for implementation not later than October 1, 2019, and would provide that the bill does not require a remote seller to collect local use taxes on sales of taxable items made before October 1, 2019. The bill would have no fiscal implications for the state. The bill would take effect September 1, 2019. Local Government Impact Based on fiscal year 2018 data, the single local use tax rate computed as prescribed by the bill would be 1.75 percent. While a rate of 1.75 is an average and the combined rate in any particular location will vary from that, it does not necessarily follow that taxing units in areas where the combined local rate is at the current two percent maximum will receive less revenue than if remote sellers were required to collect and remit at applicable local combined rates. Because revenue remitted subject to the single rate would be distributed to local taxing units in proportion to their allocations of local sales and use taxes remitted by retailers not eligible to use the single rate, taxing units in areas where the prevailing combined local rate is two percent will receive, other things equal, larger shares of the single rate remittances than taxing units in areas with lower combined rates. There would be no significant fiscal implications for local governments in the aggregate; there could be some variance in distribution of revenue among jurisdictions compared with the distribution that would occur were all remote sellers required to collect and remit tax at applicable local combined rates, but the extent of such variance cannot be determined and would not be expected to be significant in relation to the total allocations of local sales and use tax revenues. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: WP, KK, SD 183 https:Hcapitol.texas.gov/Search/DocViewer.aspx?ID=86RHBO21531 F&QueryText=%22hb2153%22&DocType=F 2/2 3/21/2019 86(R)HB 1525-Introduced version-Fiscal Note LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION March 12, 2019 TO: Honorable Dustin Burrows, Chair, House Committee on Ways & Means FROM: John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board IN RE: 0HB15250 by Burrows (Relating to the administration and collection of sales and use taxes applicable to sales involving marketplace providers.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for 0HB15250 , As Introduced: a positive impact of$550,000,000 through the biennium ending August 31, 2021. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative)Impact to General Revenue Related Funds 2020 $242,500,000 2021 $307,500,000 2022 $315,200,000 2023 $323,100,000 2024 $331,100,000 All Funds, Five-Year Impact: Probable Revenue Probable Revenue Probable Revenue Probable Revenue Fiscal Year Gain from Gain from Gain from Gain from General Revenue Fund Counties&Special I Cities Transit Authorities Districts 2020 $242,500,000 $40,000,000 $14,000,000 $8,000,000 2021 $307,500,000 $57,000,000 $20,000,000 $11,000,000 2022 $315,200,000 $58,000,000 $20,000,000 $12,000,000 2023 $323,100,000 $60,000,000 $21,000,000 $12,000,000 2024 $331,100,000 $61,000,000 $21,000,000 $12,000,000 Fiscal Analysis The bill would amend Chapters 151, 321, and 323, Tax Code in relation to administration and collection of sales and use taxes applicable to sales involving marketplace providers. 184 https:Hcapitol.texas.gov/Search/DocViewer.aspx?ID=86RHBOl5251 F&QueryText=%22hbl525%22&DocType=F 1/3 3/21/2019 86(R)HB 1525-Introduced version-Fiscal Note The bill would amend Section 151.008(b) to include a marketplace provider as a person within the meaning of"seller" and "retailer," and therefore subject to the provisions of Chapter 151 applicable to sellers and retailers. The bill would add Section 151.0242 regarding marketplace providers and marketplace sellers. "Marketplace" would be defined as a physical or electronic medium, including a store, internet website, software application, or catalog, through which persons other than the owner or operator of the medium make sales of taxable items; "marketplace provider" would be defined as a person who owns or operates a marketplace and directly or indirectly processes sales or payments for marketplace sellers; and "marketplace seller" would be defined as a seller other than the marketplace provider who makes a sale of a taxable item through a marketplace. A marketplace provider would be required to: 1) certify to each marketplace seller that the marketplace provider assumes the rights and duties of a seller or retailer under Chapter 151 with respect to sales made by the marketplace seller through the marketplace; 2) report under Subchapter I all sales made through the marketplace; and 3) collect and remit the taxes imposed under the chapter on sales of taxable items made through the marketplace. A marketplace seller would exclude sales made through a marketplace from the seller's report under Subchapter I, retain records for all marketplace sales, and furnish information to a marketplace provider that is required to correctly collect and remit sales and use tax, including certification that an item being sold is a taxable item, not a taxable item, or is exempt from taxation. A marketplace provider would not be liable for failure to collect and remit the correct amount of tax if good faith reliance on incorrect information provided by a marketplace seller were demonstrated, in which case the marketplace seller would be liable for the deficiency. The comptroller would have rulemaking authority for implementation of the added section, including authority by rule to except certain small marketplace providers from some or all of the requirements of the section. The bill would also amend Sections 321.203 and 323.203, regarding municipal and county sales and use taxes, to provide that a sale of a taxable item made by a marketplace seller through a marketplace is consummated at the location in this state to which the item is shipped or delivered or at which possession is taken by the purchaser. The bill would take effect September 1, 2019. Methodology The estimates are based on industry reports on internet retailing and confidential information provided to the comptroller. The expected increases in tax collections are attributable to greater efficiency of tax administration and convenience and avoidance of undue burdens for taxpayers when responsibility for collection and remittance rests with marketplace providers rather than myriad individual sellers. The estimates for 2020 assume an implementation date of October 1, 2019 for purposes of efficient 185 https:Hcapitol.texas.gov/Search/DocViewer.aspx?ID=86RHBO15251 F&QueryText=%22hb1525%22&DocType=F 2/3 3/21/2019 86(R)HB 1525-Introduced version-Fiscal Note coordination with changes in seller responsibilities, as adopted by rule with October 1, 2019 effect, following the decision of the United States Supreme Court in South Dakota v. Wayfair, Inc. Local Government Impact There would be a corresponding gain of sales and use tax revenue to local taxing jurisdictions. The estimated revenue gains are displayed in the above tables. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: WP, KK 186 https:Hcapitol.texas.gov/Search/DocViewer.aspx?ID=86RHBO15251 F&QueryText=%22hb1525%22&DocType=F 3/3 Council Meeting Requests for Information Request Request Date Staff Responsible Department Status Requested By 1 7, , 061 Facility Naming Update on marketing/advertising policy and naming opportunities at City 08/02/18 Langley/Packan Parks and Recreation A work session is planned for May 6. Hudspeth facilities. 2 -062 Agreement with DHA Review of the City's agreement with the Denton Housing Authority. 10/16/18 Kuechler/Reinwand/Leal Community Development Information will be provided in a future Friday report. Briggs 3 2019-063 Citizens'Tenant Staff report on the potential establishment of a citizens'tenant committee to 11/13/18 Wood/Neal/Leal City Manager's Office Information will be provided in the April 5 Friday report. Armintor Committee advocate for renter rights. 4 2019-066 Bulk Collection for Staff report on options to have curbside bulky item collection for commercial 12/18/18 Cox Solid Waste A work session is planned for May 21. Watts Commercial dumpsters. 2019-069 TWU Parking Coordination Future options for coordinating public events to take advantage of free parking 01/15/19 Deshmukh/Booth Economic Development Staff will discussed use of the new garage with TWU staff at Hudspeth 5 during evenings and weekends at TWU's new parking garage. Provide their March 21 quarterly meeting.An update is provided in the pedestrian lighting and safety options to promote use of the new parking deck. March 22 Friday report. 6 2019-073 Station 8 Access to Prepare a staff report on Fire Access to Providence Place and road upgrade 02/12/19 Deshmukh Capital Projects Information will be provided in a future Friday report. Hudspeth/Meltzer/Armintor Providence Place plans for Quail Creek Road. 2019-075 Council Reconsideration Report regarding the current City Council reconsideration process, including an 02/12/19 Wood/Birdseye/Neal City Manager's Office ISR on recently discussed potential Rules of Procedure Ryan 7 Process interpretation of if the"next scheduled meeting"includes Monday luncheons and revisions will be included in the March 29 Friday Report. any potential impacts from the 72 hour posting requirement. 2019-260 PEC-4 Survey ISR on requirements to survey property owners adjacent to the PEC-4 project 02/26/19 Estes Capital Projects Information will be provided in a future Friday report. Meltzer 8 regarding their willingness to allow use of right-of-way easements for bicycle and pedestrian paths? 9 2019-288 Sobering Centers Staff report outlining the findings from the recent visit to sobering center in the 03/04/19 Kuechler/Shaw Community Development Information will be provided in a future Friday report. City of Austin. 10 2019-294 Prairie St. Historic Staff report on the potential historic designation for Prairie Street. 03/05/19 McAllen/McDonald Development Services Information will be provided in the April 5 Friday report. Meltzer Designation 11 2019-348 Orlando Front Yard Information on Orlando's front yard farming initiative and what steps would be 03/05/19 Barnett/McDonald Development Information will be provided in the March 29 Friday report. Hudspeth Farming required to implement a similar program in Denton. Services/Sustainability 12 2019-353 Grace Like Rain Information on ways to safely cross McKinney Street in preparation for the 03/20/19 Estes/Deshmukh Capital Projects Information will be provided in a future Friday report. Hudspeth proposal from Grace Like Rain. 13 2019-359 Autonomous Vehicle Provide information on the standards for autonomous vehicles for new roadway 03/20/19 Estes/Kremer Capital Projects Information will be provided in a future Friday report. Watts Standards construction. 14 2019-352 Proclamation Supporting Request for a proclamation supporting Denton's Islamic community and their 03/20/19 Adams City Manager's Office A proclamation will be prepared for a future Council meeting. Armintor Islamic Community contributions to our culture and quality of life. 2019-361 LLC Information For all agreements the City enters into with LLCs, provide information on 03/20/19 Wood City Secretary's Office Staff will include LLC information in future agenda items. Armintor 15 ownership and if the City has done business with the entity in the past in the Additional information will be provided in the March 29 Friday agenda packet. report. 2019-357 Comprehensive Low- Work Session on comprehensive process for low-income housing strategy that 03/20/19 Kuechler/Shaw Community Development This process will be discussed during the April 16 Affordable Meltzer 16 Income Housing Strategy includes housing bonds,density bonuses,grants for low income rentals, land Housing work session. swaps and other tactics to maximize the availability of affordable housing. 2019-362 City Properties for Information on if City-owned properties are eligible for affordable housing 03/20/19 Kuechler/Shaw Community Development Information will be provided in a future Friday report. Armintor 17 Affordable Housing including which City-owned properties fall within the"distressed zone"and if they are potentially eligible for New Market Tax Credits. 2019-351 On-Site Property Manager Provide a staff report on what it would take to develop an ordinance that would 03/20/19 McDonald/Cannone Development Services Information will be provided in a future Friday report. Armintor 18 for Rental Property ensure an on-site property manager was present at multifamily and other rental complexes. 19 2019-358 Georgetown Renewable Prepare a staff report explaining how Denton can learn from and improve upon 03/20/19 Morrow DME ISR is included in the March 22 Friday Report Meltzer Energy Lessons Learned Georgetown's 100%renewable experiences. 20 2019-355 RED Economic Information explaining the impact to incentives provided to RED now that they 03/20/19 Booth Economic Development Information is provided in the March 22 Friday report. Hudspeth Development Incentives have sold Rayzor Ranch. 21 2019-354 Fire Department Provide costs to have an agency more effectively advertise the Fire Department 03/20/19 Rogers/Hedges Fire/Public Affairs Information will be provided in a future Friday report. Hudspeth Recruitment Marketing for recruitment. 22 2019-350 Internet Sales Tax Bill Information on the bill that was recently passed allowing the collection of internet 03/20/19 Kuechler/Rogers Public Affairs Information is provided in the March 22 Friday report. Briggs sales tax. 23 2019-356 Providence Village Energy Have City staff work with Providence Village management to conduct energy 03/20/19 Barnett/Morrow Sustainability/DME Information will be provided in a future Friday report. Hudspeth Audit audits to help improve the efficiency of the development. 24 2019-349 Kings Row Substation Update on the potential to turn the former Kings Row Substation into a 03/20/19 Barnett/Morrow Sustainability/DME Information is provided in the March 22 Friday report. Briggs Community Garden community garden. Exported on March 22,2019 2:58:47 PM CDT 187 Page 1 of 1 Other Council Requests for Information Request Date Staff Responsible Department Status Requested By 2019-076 Rental Inspection/Tenant Staff report on rental property inspections including practices to address faulty 11/06/18 Wood/Neal/Lahart CIS Information will be provided in the April 5 Friday report. Armintor Bill of Rights roofs and mold and information on how other cities ensure compliance with the Tenant Bill of Rights. 2 2019-077 Curbside Compost Information on introducing a curbside organics/composting collection program, 11/28/18 Cox Solid Waste Information will be provided with the Yardwaste Business Case Meltzer Program including to what extent a market can be found for the product. Analysis work session that is planned for May 21. 2019-078 Roselawn Batch Plant Information on zoning concern for a proposed batch plant off of Roselawn Drive. 11/29/18 Cannone/McDonald Development Services A status update is provided in the December 7 Friday report. Briggs 3 Zoning Staff will provide updates once additional information is received from TxDOT. 4 2019-079 Verizon Pole Debt Update on the Verizon pole attachment debt. 12/03/18 Puente/Morrow/Adams DME Information will be provided in a future Friday and/or Legal Meltzer Status report. 2019-080 Safe Routes to School Update on all sidewalk projects that received Safe Routes to School funding, 12/05/18 Deshmukh/Estes/Oliphant Capital Projects Information was provided in the December 7 Friday report.A Briggs 5 Update including Stuart to Ginnings and the area surrounding Woodrow Elementary. status update is provided in the January 25 and March 1 Friday reports. Staff will provide additional information on project timing following feedback from TxDOT. 6 2019-083 Electronic Participation in Staff report on the legality of allowing residents to participate in public hearing 01/10/19 Neal/Birdseye Public Affairs ISR on recently discussed potential Rules of Procedure Armintor/Briggs Meetings electronically and discuss options with the Committee on Citizen Engagement. revisions will be included in the March 29 Friday report. 2019-088 Community Market Fees Update on the Denton Community Market's request to reduce famers;fees and 01/27/19 Booth Economic Development A work session is scheduled for March 26. Armintor/Hudspeth an estimate of how quickly those reduced fees could be implemented. Include 7 information on how the farmers'fee is used and how many farmers paid fees in 2018.Also provide information on if the occupancy permit issue with the Community Market was addressed. 2019-089 Sherman Drive/Palladium Information on planned Sherman Drive access for the Palladium Apartments and 01/29/19 Deshmukh/Estes Capital Projects This information will be provided in the April 1 work session Briggs 8 Apts. timing on the project to install a traffic signal at Poinsettia Street and Sherman presentation on Infrastructure and Facility Capital Project Plans. Drive. 9 2019-299 Austin Street Curb Paint Status update on the curb paint request for the 1200 block of Austin Street. 01/30/19 Kremer/Estes/Dixon Capital Projects/Police Information is provided in the March 22 Friday report Hudspeth 2019-090 Fair Housing in Texas Provide staff feedback on the August 17,2016,Texas Houser's article entitled 02/05/19 Kuechler/Shaw/Leal Community Development Information will be provided in an upcoming Legal Status Armintor 10 "How state legislators can improve fair housing compliance in Texas"including if Report. the Texas Department of Housing and Community Affairs conforms with federal fair housing laws. 2019-093 LINT Parking Enforcement Improve parking enforcement in the areas surrounding the LINT campus. 02/07/19 Dixon Police Police is coordinating with UNT and its Parking Enforcement Briggs/Meltzer Officers to improve enforcement in the area. Staff is also 11 considering creative solutions to add additional enforcement to the area,such as civilian public safety officers.A formal report and timetable for action will be provided in a future Friday report. 12 2019-094 SUP for all Multifamily Staff report describing if requiring Specific Use Permits for all multifamily 02/09/19 Leal/McDonald/Lang City Attorney's Office Information will be provided in a future Legal Status report. Meltzer developments would be a violation of the Fair Housing Act. 13 2019-221 Evers Way Drainage Information on Evers Way Drainage Map and its impact on neighboring 02/16/19 Estes/Canizares Capital Projects Information will be provided in a future Friday report. Briggs properties. 14 2019-101 Rayzor Property Park Preserve tree stands on currently undeveloped Rayzor property and create a 02/16/19 Packan/McDonald Parks and Recreation A work session on Rayzor Ranch Park is scheduled for April 2. Briggs park. 15 2019-236 Bonnie Brae Sidewalk Address incomplete sidewalk on Bonnie Brae and University. 02/24/19 Estes Capital Projects Information will be provided in a future Friday report. Armintor 2019-276 Traffic Safety at Concerns about pedestrian, bicycle,and vehicular traffic safety at the 03/01/19 Deshmukh Capital Projects Information will be provided in a future Friday report. Armintor 16 Congress/Oakland intersection of Congress and Oakland near the Emily Fowler Library. Provide information on if a traffic study can be conducted or other measures taken to improve safety. 17 2019-273 Green Building Practices Staff report on green building practices that could significantly reduce 03/01/19 Banks/McDonald/Estes Utilities Information will be provided in the March 29 Friday report. Meltzer infrastructure needs and ultimately justify reductions in impact fees. Administration/Capital 18 2019-286 Community Market Fees Is it possible to make the farmer fee changes for the 2019 Community Market 03/03/19 Booth/Birdseye Economic Development Information will be provided in the March 26 Community Market Armintor retroactive?Neighboring communities no longer charge farmer fees. work session presentation. 2019-298 Providence Place Public Address concerns expressed by residents during the March 6 Providence Place 03/06/19 Dixon Police Information will be provided in a future Friday report. Hudspeth 19 Safety Concerns Community Meeting including on-street parking enforcement,speed enforcement, Police patrol of the area,and trespassing on the property. 2019-302 Municipal Broadband Clarification on if municipalities can legally provide broadband as a public utility. 03/07/19 Birdseye/Kraft/Collister Technology Services Information will be provided in a future Friday report. Briggs 20 Provide information on the Greenville,TX; Fort Collins, CO;and Chattanooga,TN models. 2019-305 Guyer Pedestrian Access Information on if the City can help facilitate a temporary pedestrian pathway 03/08/19 Kremer/Estes Capital Projects Todd Estes responded on March 10 that Capital Projects is Ryan/Armintor 21 around Guyer High School while TxDOT works with the bonding company to working with TxDOT to address this issue.Additional identify another contractor on their Teasley project. information will be provided in a future Friday report. 22 2019-313 Pecan Creek Sidewalk Information on the plan to preserve trees as the Pecan Creek sidewalk is 03/09/19 Deshmukh/Oliphant Capital Projects Information will be provided in a future Friday report. Briggs installed 23 2019-311 Private ADA Compliance Staff report on what can be done to educate private businesses on ADA 03/09/19 Leal/Canizares/Adams City Attorney/City Information will be provided in a future Legal Status Report. Armintor requirements and what can be done at the local level to encourage compliance. Manager's Office Exported on March 22,2019 3:00:40 PM CDT 188 Page 1 of 2 Row ID Title Request Request Date Staff Responsible Department Status Requested By 2019-316 Election Information Include information in the next resident update about the May 2019 election 03/11/19 Wood/Rogers/Rios City Secretary's Office This information will be incorporated in the next resident update. Armintor including simple language,present Early Voting information separate from 24 Election Day voting,easy to ready list of acceptable and unacceptable voting IDs,and include the name of the elected official in the"Locate my voter district" GIS system. 25 2019-339 20mph School Speed What can be done to make all 20mph speed limit signs near DISD schools 03/13/19 Deshmukh/Dixon Capital Projects/Police Information is provided in the March 22 Friday report. Armintor Limit enforceable?Is the issue ownership of the roadway? 26 2019-332 Archivist Goals Staff report about the Denton Public Library Archivist's goals and what some of 03/13/19 Bekker Library Information will be provided in a future Friday report. Armintor their needs might be in terms of volunteers and materials. 2019-330 Planned Street On stretches of roadway that are in poor condition and scheduled for 03/13/19 RogersNates Public Affairs Information will be provided in the March 22 Friday Report. Meltzer 27 Construction Information reconstruction, post signs noting when construction on the roadway is scheduled to begin. 2019-328 Recycling Social Media Could public outreach in Solid Waste or Public Affairs join the Denton Matters, 03/13/19 Cox/Rogers/Kuechler Solid Waste/Public Affairs Information is provided in the March 22 Friday report. Meltzer 28 Information Denton Free Speech Matters and City of Denton Concerned Citizens to scan for recycling issues and provide correct recycling information? 29 2019-342 Hudsonwood Drive Concerns about Providence Village's enforcement of on-street parking on 03/15/19 Dixon Police Chief Dixon acknowledged that he is aware of this request and Hudspeth Parking Hudsonwood Drive. will have his team look into it. 2019-346 Manufactured Home Do we have the resources to distribute information about financial risks to 03/18/19 Adams City Manager's Office Information will be provided in a future Friday report.The ISR Meltzer 30 Financial Risk potential mobile home buyers?What are the next steps to move this process associated with this item will be prioritized as a future work forward? session item during the April 23 Strategy Session. 31 2019-345 Chemical Leak What is Denton doing to prevent chlorine and other chemical leaks at water 03/18/19 Banks Utilities Administration Information is provided in the March 22 Friday report. Meltzer Preparedness treatment plants? 32 2019-347 Drought Contingency Plan Are notes available from the March 14 Water Conservation and Drought 03/18/19 Banks Utilities Administration Information is provided in the March 22 Friday report. Meltzer Public Meeting Contingency Plan public meeting? 33 2019-366 Pedestrian Safety on Information on if the sidewalk could extend from Hickory Creek Road through the 03/20/19 Kremer/Estes Capital Projects Information will be provided in a future Friday or Legal Status Briggs Hickory Creek Oaks of Montecito through to Teasley to make the area more pedestrian friendly. report. 34 2019-368 Oakland/Austin Information on what can be done to improve the intersection of Oakland and 03/20/19 Estes/Deshmukh/Dixon Capital Projects/POlice Information is provided in the March 22 Friday report. Hudspeth Intersection Improvements Austin Street.There is zero visibility from the left turn from Austin onto Oakland. 2019-370 Cause of Gas Line Strike What was the cause of the third party contractor's gas line strike on Fort Worth 03/20/19 Estes/Canizares/Rogers Capital Projects/Public Atmos is currently investigating the cause of the gas line strike. Armintor on Fort Worth Drive Drive? Affairs Staff will provide updates as additional information is made available. 2019-364 Tree Preservation and Legal opinion on the potential impact of adding"owner domiciled"to exemption B 03/20/19 Leal/McDonald City Attorney's Information will be provided in future Legal Status report. Meltzer 36 Landscape Standards of the Tree Preservation and Landscape Standards. The proposed revised Office/Development Exemption Revision exemption would read,"Property on which a single-family or two-family owner Services Research domiciled residential dwelling unit(s)exists 37 2019-367 Electric Fleet Expansion Information on plans to expand Denton's electric vehicle fleet. 03/20/19 Kader/Puente Fleet/Finance Information will be provided in a future Friday report. Briggs 38 2019-373 Permit#18090105 Provide a status update on Permit#18090105:3928 Teasley Lane 03/21/19 Cannone Development Services Information will be provided in a future Friday report. Ryan 39 2019-371 Downtown Pedestrian Request by resident to have staff walk the Square with them to discuss 03/22/19 Canizares/Estes City Manager's Assistant City Manager Canizares will contact the resident Briggs Signals downtown pedestrian signals. Office/Capital Projects requesting to walk the Square with staff. Exported on March 22,2019 3:00:40 PM CDT 189 Page 2 of 2 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Monday,April 1,2019 11:30 AM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, April 1, 2019, at 11:30 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton, Texas at which the following items will be considered: WORK SESSION 1. Work Session Reports A. ID 19-449 Receive a report and hold a discussion regarding proposed transportation infrastructure projects in high growth areas within the City. B. ID 19-666 Receive a report, hold a discussion, and give staff direction on public safety facilities within the city. C. ID 19-586 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2019-20 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the day of ,2019 at o'clock(a.m.)(p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 1 Printed on 312212019 190 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,April 2,2019 12:00 PM Work Session Room&Council Chambers WORK SESSION BEGINS AT 12:00 P.M.IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 2, 2019, at 12 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for April 2,2019. 3. Work Session Reports A. ID 19-637 Receive a report, hold a discussion, and provide staff direction on Airport Governance related to the Airport Advisory Board, Economic Development Partnership Board, and Council Airport Committee. B. ID 19-651 Receive a report, hold a discussion, and provide staff direction regarding the Development Services Fees. C. ID 19-671 Receive a report from staff, hold a discussion, and give staff direction regarding the future park that is to be located at the corner of Heritage Trail and Linden Drive in Rayzor Ranch Town Center. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended,or as otherwise allowed by law. 1. Closed Meeting: A. ID 19-677 Placeholder for closed session item Page 1 Printed on 312212019 191 City Council Meeting Agenda April 2,2019 Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee,Texas,one state under God,one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period,prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. Page 2 Printed on 312212019 192 City Council Meeting Agenda April 2,2019 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — E). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — E below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 19-396 Consider adoption of an ordinance approving an Airport Land Lease Agreement between the City of Denton, Texas and Mark Hicks Transport, LLC; and providing an effective date. The Council Airport Committee recommends (-). B. ID 19-397 Consider adoption of an ordinance approving a consent to Collateral Assignment of an Airport Lease between Mark Hicks Transport, LLC and AccessBank Texas; and providing an effective date. The Council Airport Committee recommends C. ID 19-638 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to accept on behalf of the City an offer from the Texas Department of Transportation ("TxDOT") relating to a grant of $693,260; requiring the City to provide $176,740 in contributory funds for engineering and construction of parallel runway lighting improvements at Denton Enterprise Airport; and providing for an effective date. The Council Airport Committee recommends D. ID 19-645 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Teague Nall and Perkins, Inc., for professional surveying services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6965- Professional Services Agreement for professional surveying services awarded to Teague Nall and Perkins, Inc., in the three (3) year not-to-exceed amount of $900,000). The Public Utilities Board recommends approval(-). E. ID 19-648 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of three (3) American Signal Corporation early warning sirens with American Signal Corporation, which is the sole provider of this item in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7010- awarded to American Signal Corporation in the not-to-exceed amount of$76,323). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-529 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 3 Printed on 3/22/2019 193 City Council Meeting Agenda April 2,2019 corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Parkhill Smith & Cooper, amending the contract approved by City Council on April 5, 2016, in the not-to-exceed amount of $274,150, amended by Amendments 1-3 approved by Purchasing Staff, said fourth amendment to provide professional and engineering services in the preparation, development, and submittal of the permit application and the associated services required to secure a Permit Amendment for the City of Denton's Municipal Solid Waste (MSW) Facility, MSW Permit# 1590B in the amount of $85,500; providing for the expenditure of funds therefor; and providing an effective date (File 6097 - providing for an additional fourth amendment expenditure amount not-to-exceed $85,500, with the total contract amount not-to-exceed$429,010). The Public Utilities Board recommends approval(-). B. 518-0007c Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a vehicle repair use on approximately 0.57 acre site, generally located on the south side of E. McKinney Street, approximately 135 feet west of Oakland Street in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (S 18-0007,Dent One-Auto Hail Repair,Hayley Zagurski). C. ID 19-670 Consider adoption of an ordinance, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a part of Southwest Park for the purpose of installing and maintaining water transmission lines for the City's Allred Road to John Paine Road water transmission project and for the existing water transmission line parallel to Bonnie Brae Street; providing for a notice by the City of Denton of non-park use for installation and maintenance of water transmission lines and reservation of easement in the event of sale of park; and providing an effective date. 6. PUBLIC HEARINGS A. 518-0008h Hold a public hearing and reconsider the February 5, 2019 denial of an ordinance for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on an approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N Frontage Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of$2,000.00 for violations thereof; providing for severability; and establishing an effective date (S 18-0008h, Windsor Drive Apartments,Hayley Zagurski). B. HL-19-0001b Hold a public hearing and consider adoption of an ordinance designating the property at 900 Egan Street, between Alice Street and Amarillo Street, a Historic Landmark, under section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and effective date. (HL19-0001, 900 Egan Street,Roman McAllen) C. Z18-0027c Hold a public hearing and consider adoption of an ordinance approving a change in the zoning district and use classification on a site made up of fifteen adjacent tracts of land, including a change from Downtown Residential 1 (DR-1) to Downtown Commercial General (DC-G) on one approximately 0.39-acre tract, from a mixed zoning of DR-1 and Page 4 Printed on 312212019 194 City Council Meeting Agenda April 2,2019 Neighborhood Residential 4(NR-4) to DC-G on two tracts totaling approximately 13.85 acres, from NR-4 to DC-G on nine tracts totaling approximately 22.07 acres, and from Neighborhood Residential Mixed-Use 12 to DC-G on three tracts totaling approximately 8.81 acres. The subject site, composed of all fifteen of the tracts mentioned above and totaling approximately 45.13 acres, is generally located on the southeast side of Mingo Road, north of Paisley Street, northwest of Lattimore Street, and west of Pertain Street (Z18-0027,Fleet Services Facility, Sean Jacobson) 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the day of ,2019 at o'clock(a.m.)(p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page S Printed on 312212019 195 March 2019 1 2 3 4 5 6 7 8 9 11:30am Council 12:00 pro CC Work 5:00pmP&Z Work Session 11:00am Committee on the 11:00amDCRC Luncheon Session 6:30pmP&Z Regular Session Environment 5:30pm Traffic Safety 6:30 pm CC Regular Commission Se ssio n 4:00pm Public Art Committee HLC-Cancelled 10 11 12 13 14 15 16 9:00am Public Utilities No Council Meeting 11:00amEDP 11:00amDCRC Bo a rd Nb Agenda Conn uaee 17 18 19 20 21 22 23 12:00 pm CC Work 9:00 am Mobility HOT&Sponsorship 11:00 11:00amDCRC Se ssion Committee 6:30 pm CC Regular 4:0 mHaBSCoNbetin 4:OOpmP&Z Work Session g Session 6:30pm P&Z Regular Session 6:00pm Committee on 2:30pmAgenda Committee Persons With Disabilities 24 25 26 27 28 29 30 6:00pm Public Utilities 10:00am Council Airport 11:00amTIF Board(TIRZ#1) Board Comm. 11:00 am DCRC 4:00pm ZBA 12:00 pm 4th Tuesday Session 2:30pmAgenda Committee 31 196 April 2019 1 2 3 4 5 6 11:30 am Council 2:00 pm CC Work Session 5:00pmPH Work Session 4:00pm Public AtCommittee Luncheon 6:30 pm CC Regular 6:30pmP&Z Regular Session 1:30pm Committee on the Se ssion Environment 5:3 0 p m Tra ffic Sa fe ty Commission 7 8 9 10 11 12 13 9:00a m Pub lic Utilities 1):00 am Mob ility 11:00amEDP Bo a rd Committee 6:30 p.m.Planning and Zoning 2:00 pm 2nd Tuesday Special called meeting 5:30pm HLC Session 14 15 16 17 18 19 20 2:00 pm CC Work Session 5:00pm P&Z Work Session 4:00pm HaBSCo Acting 6:30 pm CC Regular :30pmP&Z Regular Session Se ssion 5:00pm Committee on Persons With Disabilities 21 22 23 24 25 26 27 6:00p m Pub lic Utilities 2:00 pm 4th Tuesday Bo a rd Session 28 29 30 4:00pm ZBA No Council Meeting 197 May 2019 1 2 3 4 5:00pm PH Work Session 4:00pm Pubic Art Committee 6:30pm P&Z Regular Session 5 6 7 8 9 10 11 9:00a m Public Utilities 9:00 a m Mob ility 11:00am EDP Board Committee 11:30 am Council 2:00 pm CC Work Session Luncheon 6:30 pm CC Regular 1:30pm Committee on the Sc ssion Environment 5:3 0 p m Im tfic Sa fe ty Commission 12 13 14 15 16 17 18 5:30p m BIC 5:00pm P&Z Work Session 4:00pm HaBSCo Meting 6:30pm P&Z Regular Session 5:00pm Committee on Persons with Disabilities 19 20 21 22 23 24 25 6:00pm Public Utilities 2:00pm CC Work Session I 1:00am TIF Board(TIRZ#1) Board 6:30 pm CC Regular Se ssio n 4:00pm ZBA 26 27 28 29 30 31 o Council Meeting 198 Future Work Session Items 3/22/2019 Meeting Date Currently Slated Work Session Items Notes Credit and Community Market Denton Development Downtown Design 26-Mar Collections Study Supplemental Request Code Standards McKenna Park 1-Apr Lunch Financial Forecast Infrastructure and Facility Capital Project Plans Denton Development Development Service 2-Apr Airport Governance Code Rayzor Ranch Park Fees Infrastructure and Integrated Pest Carl Construction Code Facility Capital Project Management Young/Quakertown 9-Apr Review Plans Eagle Substation Program Park Restrooms Funding Options for Enhanced Leachate Shelter and Recirculation Business 16-Apr Homelessness Case Analysis Affordable Housing Financial Forecast Rayzor Ranch PID Home Chemical Collection and Bulky Work Session Special Event Item Business Case One-Way/Two Way 23-Apr Strategy Session Ordinance Update Zero Energy Homes Analysis Streets Mews Streets AED Training will take Update on Naming Hickory Street Bicycle place at the close of 6-May Lunch Policy Lanes Bicycle Share Pilot AED Training the meeting Recommendations Red Light Camera Pilot Right-of-Way 7-May from HSAC and CDAC and Contract DEC Noise Mitigation Ordinance Follow-Up P-Gard Audit Economic Utility Billing Development Information for Traffic Signalization Corridor/Small Area Gateway Signage and Public Hearing and Traffic/Roadway 14-May Reinvestment Grant Design Standards IScooter Share I Notification Technology Home Chemical Yard Waste Collection and Bulky Collection Business Living Wage for City Inclement Weather Item Business Case 21-May Case Analysis Contractors Policy Charity Care Policy Analysis 3-June Lunch Joint City/EDPB Luncheon South Lakes Park Purchasing Manual Employee Ethics Parking Lot Update Blue Zones Policy Solid Waste Rate Discussion Mandatory Recycling (Potentially for Commercial and combined with Multifamily Real Estate Policy DEC Noise Mitigation budget) Group Home Code Date TBD Sobering Centers Amendment Top priorities from 3/4 Work Session 199 -_---------- 1 Construction Projects Report IMPROVING JOF TY Week of March 25 31,2019 DENTONFor general inquiries and questions,please contact the Project Management Office at(940)349-7227 DENIir) Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Highlighted for Ma'or Closures Atlas Dr. Redstone Hercules 3/25/19 5/21/19 Water Main Replacement Water 12/17/18 Website&Letters (940)349-7167 Project dates updated from (Temporary Lane Closures) 3/19/19-5/15/19 Ave.C Hickory Mulberry 9/24/18 4/22/19 LINT Monument Wall Public Works LINTProject (940)349-8905 (Road Closure) Inspections Bernard St. Fannin W Chestnut 1/4/19 4/5/19 Street Reconstruction Streets 12/17/18 (940)349-7160 (Street Closure) Mayhill Project Bridge (Road Website& Blagg Rd. Mayhill Geesling 3/18/19 10/31/19 Closure) Engineering Nextdoor (940)208-4318 Notofication Sewer Line Installation Nextdoor Bonnie Brae St. University Linden 3/4/19 3/24/19 Engineering Notification& (940)268-9842 (West side Southbound Lane Closure) Website Bonnie Brae St. Roselawn North of 7/1/17 7/1/19 Street Widening Engineering 6/14/18 (940)349-8910 Vintage (Phase 1 Street Closure) Bowling Green St. Georgetown Auburn 1/5/19 4/10/19 Street Reconstruction Streets 12/17/18 (940)349-7160 (Street Closure) Carroll Blvd. Congress Egan 2/11/19 3/29/19 Street Panel Repair Streets 2/4/19 (940)349-7160 (Northbound Only Lane Closure) Dallas Dr. Intersection of Teasley 11/12/18 4/26/19 Turn Lane Upgrade Streets 11/5/18 (940)349-7160 (Temporary Lane Closure) Eagle Dr. Elm Carroll 1/31/19 5/31/19 Drainage and Water Improvements Drainage (940)268-9726 (Street Closure) Water 200 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Wastewater Main Replacement, Fulton St. Congress Gregg 2/27/19 4/9/19 Street Repairs Wastewater 2/14/19 Wastewater Street improvements to (Daily Street Closure will re-open at (940)349-7300 follow in 6/3/19-10/3/19 the end of each day) Water Main Replacement Project dates updated from Hercules Ln. Sherman Stuart 3/25/19 7/15/19 Water 3/4/19 (940)349-7167 (Temporary Lane Closure) 3/19/19-7/8/19 Wastewater Main Replacement Hillcrest St. Crescent Emory 3/1/19 4/25/19 (Daily Street Closure will re-open end Wastewater 2/22/19 Website&Letters (940)349-7300 of each day) Hinkle Dr. Mimosa Greenbriar 3/18/19 3/30/19 Water and Sewer Improvements Engineering 3/11/19 (940)268-9842 (Closed to Thru Traffic) Kings Row Yellowstone Sherman 12/26/18 4/26/19 Curb and Gutter Replacement Streets 12/7/18 (940)349-7160 (Temporary Lane Closure) Laguna Dr. Yellowstone Sherman 12/17/18 4/26/19 Street Reconstruction Streets 12/7/18 (940)349-7160 (Street Closure) Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)208-4318 (Temporary Lane Closures) y / / Street Construction g g / / ( ) McKinney St. Mack Bellaire 2 25 19 3/29/19 Engineering 2 14 19 940 268-9726 (Temporary Lane Closure) Storm Drain Installation and E.McKinney St. Grissom S.Fork 3/11/19 7/1/19 Street Widening Engineering 3/7/19 (940)349-8910 (Temporary Lane Closure) Drainage Improvements,Water Main Drainage Water Replacement to Mistywood Ln. Rockwood Jamestown 1/3/19 3/29/19 Replacement,Street Repairs Drainage 12/17/18 (940)349-8488 Follow 6/28/19-10/23/19 (Intermittent Street Closure) Street Repairs 10/28/19-TBD Concrete Street Panel and Sidewalk Mustang Dr. Sundown Palomino 3/4/19 4/5/19 Repair Streets 2/22/19 (940)349-7160 (Temporary Lane Closure) Myrtle St. Eagle Maple 9 4 18 5 31 19 Eagle Drainage Improvements Engineering 8 21 18 Contacted DCTA (940)349-8910 (Street Closure) Paisley St. Ruddell Audra 1/22/19 3/29/19 Sidewalk Repair Streets 1/16/19 (940)349-7160 (No Street Parking) FM 2181 Road Widening Nextdoor Ranchman Blvd. Intersection of FM 2181 1/4/19 5/31/19 (Road Closure on Ranchman to the TxDOT Notification, (940)349-8910 east and west of FM 2181) Electronic Signs 201 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Drainage Improvements, Rockwood Ln. Royal Mistywood 11/26/18 3/29/19 Street Repairs Drainage 11/23/18 Door Hangers Drainage Street Repairs follow (Intermittent Street Closure) (940)349 8488 10/28/19-TBD Roselawn Dr. US 377 Bernard 1/7/19 3/23/19 US 377 Street Improvement TxDOT Nextdoor (g40)387 1414 Completion updated from (Road Closure) Notification 3/16/19 Drainage Improvements, Drainage (940) Street Repairs to follow Royal Ln. Royal Rockwood 11/26/18 3/29/19 Street Repairs Drainage 11/23/18 349-8488 10/28/19-TBD (Intermittent Street Closure) Atmos Utility Relocations Nextdoor Completion extended from Scripture St. Ector Gober 2/4/19 4/12/19 (Westbound Lane Closure,Intersection Atmos Notification (940)205-9821 4/1/19;Street Repairs to at Hillcrest Closed) follow-TBD Sheraton PI. Sheraton Buckingham 3/18/19 4/26/19 Street Reconstruction Streets 3/11/19 (940)349-7160 (Street Closure) Concrete Street Panel and Sidewalk Silent Star Ln. Winding Montecito 2/25/19 3/29/19 Repair Streets 2/14/19 (940)349-7160 Stream (Temporary Lane Closure Springtree St. Pecan Grove McKinney 2/25/19 3/29/19 Street Construction Engineering Nextdoor (940)268-9726 (Street Closure) Notification Street Reconstruction CM Nextdoor Stuart Rd. Long Keystone 1/30/19 4/30/19 (g40)231-9963 (Street Closure) Construction Notification Street Widening US 377(Ft.Worth Dr.) IH 35E 0.26 mi south of 12/3/18 12/12/20 (Temporary Lane Closures during non- TxDOT 9/25/18 Public Meeting FM 1830 10/8 (940)387-1414 peak traffic) Yellowstone PI. Kings Row Monterey 1/28/19 5/20/19 Street Reconstruction Streets 1/23/19 (940)349-7160 (Temprrary Block Closures) COMPLETED PROJECTS Atlas Dr. Redstone Hercules 1/8/19 3/1/19 Wastewater Main Replacement Wastewater 12/17/18 Wastewater (Temporary Lane Closures) (940)349-7300 City of FM 2181 Denton/Corinth Lillian Miller 7/11/17 7/1/20 Street Widening TxDOT TxDOT (940)-387-1414 City limits Forrestridge Dr. Timbergreen Rolling Hills 2/11/19 3/1/19 Street Panel Repair Streets 2/4/19 (940)349-7160 (Southbound Road Closure) 202 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Atmos Utility Relocations, Website, Hickory St. Intersection of Welch 12/10/18 3/8/19 Atmos Letters,Public Atmos Street Repairs to follow (Parking Area Only) (940) 05-9821 6/3/19 to 10/1/19 Meeting,etc. Safety Improvements/Ph.I Website&Social Street and safety Hickory Creek Rd. Riverpass FM 1830 2/4/19 3/15/19 County Media (940)349-8910 improvements/Ph.I to (Temporary Lane Closure) Notifications follow Water Taps with Pavement Repairs Nextdoor Jannie St. McKinney Noble 2/25/19 3/1/19 Engineering (940)268-9726 (Temporary Lane Closure) Notification Wastewater Improvements Nextdoor Kendoph Ln. 1-35 Willowwood 11/26/18 3/1/19 (Daily Street Closure will re-open end Wastewater N/A Notification, (940)349-7300 of each day) Door Hanger Water,Wastewater Main Water is complete Nextdoor Wastewater improvements Replacement and Street Repairs Water Kerley St. Duncan Shady Oaks 1/3/19 3/22/19 Water Notification, to follow 4/10/19-8/5/19 (Daily Street Closure will re-open end (940)349-7167 Door Hanger Streets Repairs 8/5/19- of each day) Lipizzan Dr. Wheeler Ridge Thoroughbred 1/22/19 3/1/19 Street Panel Repair Streets 1/11/19 (940)349-7160 (Temporary Lane Closure) McKinney St. Woodrow Jannie 12/10/18 3/1/19 Utility Improvements Engineering N/A (940)349-8910 (Temporary Outside Lane Closure) Sierra Dr. Yellowstone Sherman 11/26/18 3/29/19 Curb and Gutter Replacement Streets 11/14/18 (940)349-7160 (Temporary Lane Closure) Mayhill Road Widening Contacted Spencer Rd. Mayhill Bridges 4/2/18 3/4/19 (Road Closure) Engineering 3/16/2018,9/14 departments (940)208-4318 affected UPCOMING PROJECTS Intersection Improvemetns Bell Ave. Intersection of McKinney 4/8/19 5/4/19 (Northbound right turn lane, Engineering 2/22/19 Website&Letters (940)349-8910 temporary lane closure Sewer Line Installation Website,Letters, Bonnie Brae St. University Crescent 4/1/19 4/19/19 (West Side Southbound Lane) Engineering 3/14/19 Business (940)268-9842 Water Improvements We site,Letters, Bonnie Brae St. Scripture Linden 4/1/19 4/19/19 (Street Closure) Engineering 3/14/10 Business (940)268-9842 Notifications 203 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Bonnie Brae St. Roselawn 135E TBD TBD North South Water Main Phase 2 Engineering 11/26/18 (940)349-8910 (Temporary Lane Closures) Carroll Blvd. Panhandle Crescent 3/25/19 4/26/19 Street Panel Repair Streets 3/11/19 (940)349-7160 (Northbound Only Lane Closure) Crestoak PI. Liveoak Oakridge 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets (940)349-7160 New Project (Street Closure) Crewtwood PI. Liveoak Edgewood 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets (940)349-7160 New Project (Street Closure) Crestwood PI. Greenwood Kayewood 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets (940)349-7160 New Project (Street Closure) Edgewood PI. Oakridge Crestwood 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets (940)349-7160 New Project (Street Closure) Heritage Tr. Linden Hwy 380 3/28/19 5/28/19 Street Resurfacing,Curb and Gutter PWI (940)268-9842 (One lane both directions closed) Hickory Creek Rd. Teasley Riverpass TBD TBD Street Widening Engineering 11/26/18 (940)349-8910 (Temporary Lane Closures) Phase I-Storm Water Improvements Hinkle Dr. University Windsor 4/1/19 6/1/20 (Magnolia Drainage Ph 11 Engineering 11/13/18 (940)349-8910 Temporary Lane Closures) Johnson St. E.Collins E.Daugherty 5/16/19 6/27/19 Water Main Replacement Water (940)349-7167 (Temporary Lane Closure) Kendoph Ln. 1-35 Willowwood 4/22/19 7/4/19 Street Repairs Streets (940)349-7167 (Street Closure) Wastewater Main Replacement Streets Repairs to follow Kerley St. Duncan Shady Oaks 4/10/19 8/5/19 (Temporary Lane Closure) Wastewater (940)349-7300 8/5/19-1/9/20 McKinney St. Austin Oakland 3/25/19 4/19/19 Sidewalk and ADA Improvements Engineering (940)349-8910 (Temporary Eastbound Lane Closure) Oakridge St. Edgewood Crestoak 4/1/19 4/30/19 Street Resurfacing,Curb and Gutter Streets (940)349-7167 New Project (Street Closure) Panhandle St. Carroll Bolivar TBD TBD Street Resurfacing,Curb and Gutter Streets 4/9/18 Door Hangers (940)349-7160 (Temporary Lane Closures) 204 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes PEC 4-Engineering In Design Installing Underground Box Culvert Engineering 11/13/18 (940)349-8910 Kansas City Drainage and Roadway Construction Roselawn Dr. Bonnie Brae Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910 One Lane traffic control Scripture St. Ector Gober TBD 3/15/19 Street Reconstruction Streets (940)349-7160 (Street Closure) Shady Oaks Dr. Teasley Woodrow TBD TBD Base Repairs Streets Electronic Signs Meet with business (940)349-7160 (Temporary Lane Closure) owners Stuart Rd. Windsor Kings Row TBD TBD Concrete Curb and Gutter Repair Streets (940)349-7160 (Temporary Lane Closures) Thomas St. Panhandle Oak TBD TBD Streets Construction Streets (940)349-7160 Vintage Blvd. US 377 135W 10/1/2019 10/1/2021 Street Widening Engineering (940)349-8910 (Bonnie Brae Phase 2) 205