HomeMy WebLinkAbout1989-1990
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HISTORY OF THE EDWARDS LANE LANDFiLL
June, 1982 - Property Purchased from Earl Edwards,
October, 1982 - Permit and Design Work Commenced.
January 31, 1984 - Mosley Road Landfill Closed,
February, 1984 -
March, 1985 - Direct Haul of Refuse to Lewisville Landfills,
t March, 1984 Final Permit Application submitted to 7DH,
March, 1984 - Land C1et, ing and Grubbing Commenced,
June 12, 1984 - Permit Issued by TDH,
ti -Jk4ne 13, 1984 - initial Development Commenced,
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~i March 130 1985 - Landfill Opens, f
August, 1985 - Deposition Rate Calculated at Double Forecasted
Rate,
January, 1987 - Discovered Less Clay Than Estimated by Geological
Tests,
June, 1987 - New Closure Date lrstablished for October, 1994,
October, 1987 - Landfill Rates lncredsed to Reduce Deposition
Rate, Commercial and Roaldentlai Rates increased
to Establish Early Debt Retirement Fund,
February, 1988 - Staff Presents Solid Waste Alternative
Report to City Council,
July, 1988 - Council Creates Solid Waste Alternative
Committee,
I August, 1988 - SWAC Begins Its Study, {
August, 1988 - EPA Publishes Subtitle D Regulations for Review
and Comment.
August, 1989 - SWAC Presents Recamiendatlon to City Council,
September, 1989 - City Placed on Compliance Schedule for Erosion
Problems at Mosley Road Landfill Site,
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HISTORY, EDWARDS LANE LANDFILL
Page 2
November, 1989 - Clty completes Compliance Schedule for Mosley
Road Landfill,
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TDH Implements Surcharge on Deposited Waste.
January 1, 1990 -
September, 1990 - TDH Increase Steffy Implements Statewide
i Crackdown.
December, 1990 - City Placed on Cmvllance Schedule for Edwards
Lane Landfill Site.
August, 1990 - City Completes Compllance Schedule at Edwards
Lane Landfill Slte.
I August, 1990 - City Placed on Compliance Schedule for Excavation
and Lining oP Additloneil Areas and Installation
of Piezometer Wells at the Edyrards Lane Landfill v
Site.
October, 1990 - City Placed on Ccmpllanco Schedule for Ceoslon
Problems at the Mosley Road Landfill Site.
Plezometer Installation Complete, Work Started opt
October, 1990 -
Excavatlon.
November, 1990 - Erosion Problems at Mosley Road $Ite 80% Come- €
plete, Excavation for Edwards Lane Site 70%
Complete.
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CITY of DENTON, TEXAS MUNICIPAL SUILDINO / DENTON, TEXAS 76201 / TELEPHONE (817) 866.8200
FFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES
June 9, 1990 r)l c I))
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` CITY Mdf F.' 0 ~
Mr. Chet Sate, P.E. lJ//
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Texas Department of Health
I Bureau of Solid Waste Management
1104 West 49th Street
Austin, Tx 78756-3199
Ref City of Denton, Tx, Permit 01590
r Irvin J, Turner's Letter of June It 1990
Dear Mr. Safe:
This letter is to follow up on our telephone conversation
of this date regarding Mr, Turner's letter notifying
Denton of MSWMR violations, I want to reaffirm my pledge
to you that Denton will take the necessary appropriate
action at our landfill to correct the deficiencies listed
in Mr, Turner's latter. Weather permittin , we are
confident we can accomplish the corrective actg ion by the
dates listed, I have requested Mr, Bill Angelo and i
Charles Watkins to develop a detailed action plan of t
specific steps that will be taken to achieve these
corrective measures by the specified dates, f
As I mentioned in our telephone conversation, the Solid
Waste Division which includes the Landfill, was placed
under the Denton Public Utility Board's and, therefore,
my jurisdiction, earlier this year. Since then, we have
recognized a need to allocate appropriate resources to
the Landfill to accommodate certain problem areas that }
Mr, Gale Baker had pointed out, we did allocate funds to
provide additional heavy machinery and operators for
approximately two months, As of early ':his week, we
again brought in additional equipment and personnel,
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We have just completed our budget and have received
Utility Board approval for additional funding and
approval Co increase Solid Waste Service rates sufficient
to finance this funding,
r I would appreciate tb.. opportunity to most with you at
fi your earliest convani',ce, so that I can be certain
Denton is proceedian appropriately in addressing the
Texas Department a! Health's regulations, Denton is a
strong believer i, operating its facilities in the
appropriate and exemplary manner. This, I believe, can
be confirmed by reviewing Denton's Water Plant inspection
records and is also evidenced by the Texas Water
Commission's operation & Maintenance Excellence Award
s granted to Denton's Wastewater Treatment Plant
just last week, it is my goal to have the Denton
Landfill operating in the same manner very shortly. i
Respeotfull , R
R. E, Nelson, P.E.
i Executive Director of Utilities
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aoi Mr. Robert Castleberry, Mayor, City of Denton
Mr, Irvin is Turner, Regional Enginssr, Tx, Dept, of
Health
Lloyd Harrell, City Manager
Bill Angelo, Director of Community services r
file
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Texas Department of Health
a41BB6
Public Health Region 5 R. Allen, Jr., M.D., M,P,H
Robert Bornstein, M,D„ F.A.C.P. 2561 Matlock Road Regional Director
Commissioner Arlington, Texas 76015-1621
Robert A. MacLean, M,D, (817) 460.3032
Deputy Commissioner DIfW Metro 261.2911
Professional Services
Hormas L, Miller Deputy Commissioner
Management and Adminislrationmt1r2N REGEJPT [tFOUEST)kR
I~ June 11 1990 PD
The Honorable Bob Castleberry JUN- QI99Q
Mayor of Denton
215 E. McKinney Street
1 Denton, Texas 76201 CIT MANN Of SctrricG I
+ Subjects Solid Waste - Denton County
City of Denton - Permit No. 1590
} Sk Denton, 0,35 Mi E of Edwards Rd (ER) & Mayhill Rd Into On S
SR, 0.35 Mi S of WWTP, & 1.7 Mi E of Loop 288 & IM-35E
f I Silo of
I Into
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Dear Mayor Castleberryt
I, On May 21, 1990, Messrs. Oale Baker, Geologist, William P. Dahlin, P.E.
and Ben Milford, Geologist, conducted an inspection of the subject Type
j I municipal solid waste disposal facility. During the inspection, our
Supervisors1 Watkins, Supt. of
lid s Waste i and John L. Lobaugha Disposal Messrs.
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Our inspection report revealed that the site was being operated in
1 violation of the Texas Department of Health's "Municipal Solid Waste
{ Management Regulatione't (MSWMR). The rules violated and the corrective
I actions required are as indicatedt
1. 328,1111 "The approved Site Development Plan, consisting of the
design, site Operating Plan, and related data, becomes an
operational requirement, and any significant deviation from the
plan without prior approval of the Department im a violation of
this subchapter." The filling sequence previously and currently
` implemented does not conform to the I'Typical Fill Sequence",
Attachment No. 6D of the Site Development Plan., To correct the
violation of Section 328,111, site operations must be altered to
comply with the approved Site Development Plan and the
requirements stipulated in the imposed compliance schedule
contained in this letter must be implemented and successfully
{ completed,
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The Honorable Bob Castleberry
Mayor of Denton
June 1, 1990
Page 2
2. 325.122(b)s "The oper.~ators of sites serving ormitptpeclal
equivalent of 51000 or. more, or where required by p
provision, shall submit to the Division a Soil and Liner
8valuation Report MER) in triplicate (including all attachments)
for each disposal trench, excavation, or area and in accordance
with the construction methods and test procedures stated in the
SLQCP (Soil and Liner Quality Control Plan) at least 14 days prior
to depositing any solid waste in the disposal trench, excavation,
or area unless alternate means for protecting ground waters have
been approved by the Division."
A - Solid waste was observed on an unevalua+e e,5 u~op~r+oved 00. area at
The
'It i approximately grid 7 + 31 to 7 + 461 D
j compliance schedule dated January 25, 1990, stipulated in item
A,6,1 that earthen berms shall be constructed on approved lined
areas to prevent waste from being deposited and drainage occurring
. ,
~ i ante unevaluated, unapproved areas The filling sequence
implemanted, as referenced in violation no. 1.1 has resulted in
waste material with some cover having been placed on top of the
earthern berm at grid 7 A. 31) approximately A + 75 to a + 00,
erplacement t occur n an
which allows the drainage and some owaste
evaluated, unapproved area,
subsection 325,122(b), all waste occurring on the unevaluated, E
unappproved arose must be removed to an approved lined area and the
requirements stipulated in the imposed compliance schedule
contained in this letter must be implemented and sucat4sofully
completed.
B - Solid waste has previously been placed in an area at
approximately grid E + 57 to F + 7'-35) 0+00 to 5 + 83, which does
not have an SLZR submitted To correct this violation of
Subsection 325.122(b), await and comply with enforcement
,
this correspondence violation ftnm thestBureau PofliSolid Health Region roux
Central Office,
3. 325.150(a)i "For Type I sites serving a population equivalent of
ion equipment, such
51000 people oiofwsuitablelcompact
evenly by repeated passages
that each layer of salad waste is thoroughly
Due to pthee filling
thickness of approximately two feet.
sequence previously and currently implemented, as referenced in
violation no. 1., the site development prevents the required
compaction from being achieved and results in wasted landfill
space. To correct the violation of Subsection 3211.150(a), the
requirements stipulated in the imposed compliance schedule
contained in this letter must be implemented and successfully
completed,
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The Honorable Bob Castleberry
Mayor of Denton
June 1, 1990
Page 3
4, 325.150(b)o "Intermediate cover shall be six Inches of well-
compacted earthen material not previously mixed blowing of rwaste
rubbish, or other solid waste to prevent obnoxious odors,
materials) insect and rodent problems) shall be provided with
all solid waste deposited each day Due to
intermediate cover at the end Of the and wcurrently y implemented, as
the filling sequence pzeviously a ~nt
wastevmaterial was observed
requizedeaavervfzomtbeing a hi~eved. site
an the steep elopes of the previous and current fill areas.
d useeOflexcess sail
Attempted covet operations cover with the steep as required (2.~e
waste net able to be
To correct the violation of
and (3.) wasted landfill space.
Subsection 325.150(b), the toquizemants stipulated in the imposed
compliance schedule contained in this letter must be Implemented
and successfully completed.
on of the
5. 325,150(c): "The entire with final cove r owiithind 300zdays unless
fill shall
inclement weather would of®thetfithe ll onptheatnorthofslope,cWest
mope, on the top north half and on the top west-southwest area
slope,
~ have been completed for s considerable length of time The
required final co er a3 et to violation of Subsection 25 156(o),b thearequirements osticorrect pul8~edtin
"
~ the impaled compliance schedule contained in this letter must be ,I
Implemented and successfully completed. and in,
P, May 9900 Messrs. enforcement conferencelinlour ArliVingtlloiam office. The
conference was attended by Messrs. Charles S. Wd4skins, John
enforcement conducted
enfo ces L. i,, Rona , Bill Angelo Thei end rcement iconference wasdcalledet.oJdiscuss
P .O., Engngi neers. 1990, the amendments to the
the e compliance schedule of January 25,
compliance schedule
requested, teMr. current Ja Jackson tprovided acmaplidepicting the
discussed, and nd a as s
areas for all iscussion confirmed uourSrepresentatives oboe%vations provided duringgtheeMayi21
d
inspection which is referenced in violation No. 2. - Part B, contained
in this letter.
Due to the previous inclement weather which has resulted in two
amendments to the Jent status of compliance, to ways decided andeagreed
~ request and the curt
'E that a new compliance schedule is prudent.
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The Honorable Bob Castleberry
Mayor of Denton
June 1, 1990
Page 4
Subchapter H of the "Municipal Solid ose compliance management Regulations"
(MSWMR), authorizes this Department to imto comply p with the following
will bring municipal solid waste facilities into compliance with the
Department's regulations,
inmour
complinstitutedalfurtherb violationiofethe M8WMR nand wiomlltheresulDepart
penalties
will coo iate "Solid seeking Waste legal Direlief po al nAcaccordance t" providesi for padmini tr tive ecistatviutes. The
up to 610,000.00 per 00 da or court ordered or no more than 025,0001.00 perrviolation eperoday
of no less than 6100. 4
of violation should legal relief be required.
A. The following must be implemented immediately upon receipt of this
letters
approved aLiner Evaluation tReporhat hasa beenr submitted Band
I 1.
I approved by the Department are readily determinable. These q
markers shall be located so that they are not destroyed during ,
operations,
2. All solid waste deposited each day shall be spread and j'
compacted eBUChythat passages of Egealid waste is thoroughly
egdipment, `
compacted to a thickness of approximately two feet.
solid e each da shall be ovided with
ediate acoverdatotheaand of the working day. prTntermediate
3. iAll nterm
cover shall be six inches of well-compacted earthen material li
not previously mixed with garbage, rubbish, or other solid
waste.
during operating hours to direct
4. attendant shall be waste.
the unloading of solid S. Windblown material shall be collected and returned to the
'
active disposal area as necessary to minimize unhealthy,
unsafe, or unsightly conditions.
ned areas
6. Earthen berms ead9aasntl sob unlined~uunevaluat d rand/orli unapproved
which ar
bottom revent depositedltandsdrainage occurringoonto these areas e, from being
I
s D. The following must be completed by July 16, 19901 idu 1. Construction of s rid 5 + 83,e9 +o51 tarea pproximately north + 10
04
I Pad M 2-0576-7.9r g
The Honorable Bob Castleberry
Mayor of Denton
June 1, 1990
Page 5
2. Construction of sidewall liner for area on the north side of
Pad N 310 tying into sidewall liner referenced in B.I. above of
this compliance schedule, grid 5 + 83 to 10 + 001 at
approximately F + 10,
I 3. Construction of bottom liner for area north-northeast of Pad
grid 5 + 83 to 10 + 00; E + 57 to approximately F + 10.
4. Construction of bottom liner for area east of Pads 0 ja and
grid 7 + 31 to 10 + 001 approximately A + 49 to E + 57.
5. Construction of sidewall liner for area southeast of Pad t
grid 7 + 31 to 10 + 00) at approximately A + 49.
C. The following must be submitted to the Bureau by June 15, 1990:
1. SLER for sidewall liner south of Pads 0 21 and ZAI grid 5 + 19
to 7 + 31) at approximately A + 39 varying to approximately A +
49.
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D. The following must be submitted to the Bureau by August It 19901
j 1. SLRR's for liners referenced in B. 1,-5. above of this
compliance schedule,
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1. The entire surface of each completed portion of the fill shall
be provided with final cover in accordance with Subsection
325,150(c)(112) MSWMR,
2. Site operations, sequence of fill, et.c. shall be in compliance
with the approved Bits Development P{an in accordance with
Section 325,111 (MSWMR),
if you become aware that for reasons beyond your control, full
compliance cannot be attained as outlined in this compliance schedule,
you shall submit a written request for an extension to this Department,
outlining the reason for the delay and the date that compliance will be
attained.
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s The Honorable Bob Castleberry
Mayor of Denton
June 1, 1990
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If you have any questions concerning this letter, or if we may be of any
assistance to you regarding solid waste management, you may contact our
Arlington office at the above address and telephone number, or you may
1 prefer to contact Messrs. L. C. Safe, C.P,d, or Michael D. Graeber,+
P.M., In Austin at telephone number. (5].2) 989-7271.
ince tly,
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f vin J ner,P. a.
Regiona Engineer
IJT/OLB/gb
Attachment
act Bureau of Solid Waste Management, Austin
R. 9. Nelson, Exec. Dlr, for Utilities
Hill Angelo, Dir. of Comm. Services
i Charles S. Watkina, Supt, of Solid Waste
John L. Lobaugh, Disposal Supervisor
444 Dennis Burn, Denton County Dept, of Public Works
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Site Plan 1
SOIL LINER EYALMIONS
a a ~`a u
A k% Ask Donlon Sanllary Landfill
Donlon, Tom
P/rmN No. 1590
PLATE I
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gFORICUOD 'M
SOUT"S MAY ,Z 1990
May 19, 1990 o r
MEMORANDUM
1'p; Public Officials
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FROM, Donald Shea j
Executive Vice President
SUBJEOT: Volume of Materials In Landfills
I am taking this opportunity to provide you with the results of Independent
research recently conducted by Franklin Assoclates, Ltd,, that characterizes the f
ee munici solid wast As S I Environmental protection Agency's
volume Frankn of various
1 waste management data base, I
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Historically, the amount of material disposed of in landfills has been measured
+ on the basis of weight, No comprehensive data base has been avallabl,e to
ppolloy makers that quantifies the components of municipal solid waste on the
baels of volume,
As a result, estimates about the volume of materials and products In landfills
i have not boon based on scientific evidence, For example, news media reports
! about the volume of plastics In landfills have ranged from 30 percent to 70
1 percent. However, the Franklin research conniudes that all plastics represent
approximately 10 percent of the volume of landfill waste compared to paper
and paperboard which account for 38 percent of the volume of materials In I
landfills, i
Why Is the Franklin research so Important? Landfills do not close because they I
l are overweight, They close beoause they have reached their volume capacity,
I hope you will take a moment to review the enclosed Executive Summary that
higghlights the results of the Franklin Associates research, If you require more
informatlon, or have questions about these findings, please do not hesitate to
write to me,
,
1 1275 K Sireei, NW, Sulu.' 1100
j Washington, DC 20005
(I1. 4d'.N 0! llMi4nf~'L rckPlly. I! K •
IC Lf1 A'(I IP~N'1 !
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0a e,tse6 Texas Department of Health t
Robert Bernstein, M.D., F.A.C.P. Public Health Region 5 C. R. Allen, Jr., M.D., M.P.H.
Commissioner 256'1 Matlock Road Regional Director
Arlington, Texas 76015-1621
Robert A, MacLean, M.D. (817) 460.3032
Deputy Commissioner D1FW Metro 261.2911
Professional SeryIces
Hermas L. Miller
Deputy Commissioner
Management and Administration
y $ATIP'YeQ U& WL E "a U A
Rai{ RIC91PT REQUIll
March 28, 1998 D.~
The Honorable Ray Stephens
Mayor of Denton
215 1, McKinney street j9pn
I Denton, Texas 78281 y {
CI !dA c r yT E
subjeott Soltd Waste - Denton County
t ON of Denton - Permit No, 1598
98 Denton, 8.30 Ml 2 of Edwards ad (l1R) & Mayhill Rd Int, On 9
Side of 11R, 8,35 Ni 8 of WWTP, i 1.7 Mt 8 of Loop 288 A IH-352
Int.
Dear Mayor Stephenst i
On March 26, 1998, Mr; Gale Baker, Geologist, conducted an inspection of €
the "abject Type I Municipal solid waste disposal laoliity, During the J
inspectioA our representative was aucompanled by Messrs. Charles S'.
Watkins, superintendent of Solid Waste and John L, Lobaugh, 'Landfill
1poremon 4 1
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our inspection report revealed that some progress has been made towards ik
i correcting the violations noted during the previous inspection 'of
v February 28, 1998, and towards achieving full compliance with the
4 Department's "Municipal solid Waste Management Regulations" (MSWN111t),
In particular, the progress made in achieving the required dally
intermediate cover is satisfactory. Your cooperation Is greatly 1
appreciated, However, further effort is required to achieve lull
r compliance regarding windblown material. Messrs. Watkins and 'Lobaiugh
both reported that the waste 'would be collected and returned tb the
s active disposal area and additional wind screens would be constructed on
the south side,
We have received a letter from Mr, Watkins, dated March 140 '19980
requesting an amendment to the Nebruary 9, 1998 amended aotMpl'ishce
a ddhedul'e, After 'rdviewo the request 'is approved, therefore, amadding
the pebruary 9, 1998 amended compliance schedule as followat
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The Honorable Ray Stephen$
Mayor of Denton
March 26, 1999
Page 2
19901
(amended) 'rho following suet be completed by May 1, ortion of
The entires urfac finelacoverpiin eaccordancewith Subsection
be provide
325,150(c)(112) (HOWHR), and the
With regards to ructionv~ots theepsidewallf inergrtho20►redent weather
required reaanat 'therefore? amending the JanuaxY
conditions oompliance schedule as follow$$
'(asandedl The loli
'H oving Mo~tsidavalil liYSerpaso require d iand9subrwittal of
.'1, Reconstruction
ALmR, arid S + 19 tog + 791 A + 00.
0s, required and submittal 'of
0.1. Reconstruction n o79 f Lintz as
SLBR, tr
amended tcoloriance'
0l„ you a become cannot "attained. as outlined bin W.iyoui~
sefieduanos cannot b
Wpotnle, you shall submit
he reason lot a the tdetar laya andxtthelodate that
ryepaxCr~ent, outlining
compliance will be attained.
~
t It you have any questions concerning this letter, or it we may be of any
'assistance to you redatdirig solid waste management? you may nontac out i
Arlington office at telephone number (817) 880-3132, or you may prefer
to contact M*o rsb L(b1 ,f ~t latep Cspsa, or M, D. Czasber, P.114 in Austin
at telephone
Bin at
~~IP4 a '
gion's Rngineer
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Attachments
Cos Division of solid waste Managemant, Austin
Denton County Health Dspartsen'
Denton Landfill Supervisor
Denton Solid Waste Superintendent
Penton Director of Community Services V
Denton city manager
a Benton Assistant City Manager
{ Denton axeautive Directox of Utilities
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y 1990
• MAR 1
tUti+Ctl
C1rY of DON70N / 21-6 0, MoKlnney I Denton, Texan
MGrc h 140 1990
{ Texan Department of Health
Public Health Region 5
2561 Matlock xa d 76015-1621
Arlington,
Attentions Mr. Irvin J. Tumor, P.O.
a Dear Mr. Turners
Pursuant to your letter of February 9, 19900 1 am submitting the follow-
Ing Infonration for your consideration. i'
K The City of Denton landfill experienced curtailed activities due to rain
and wet conditions on the following dates:
January 3 - 5
January 16 - 26 i
February 1 - 7 1
Pabrupry 14 - 17,
Foorutirv 21 - 25
February 28 - March 3 `
March 6 - Present
Due to the weather conditions noted above and the forecast, I an con-
corned about meeting the April It 19900 deodlire for appticatlon of final cover for completed portions of the f111. I
am, therefore,
requesting an extension until May 1, 1990, for completion of the final
cover requirement.
With regard to construction of the sidewall lBaer a" Mrubmit etc a
i accompanYIng 81.6R (arid 5 + 19 to 7 + 31), Mr* ,
required reconstruotlon of the vS,rW4 for discussed hllner roattor In my f Of, bottom dealostod
coven tatter Saccatoam0mo afe
his V*s uary 21990990 We Tare in~plY o~~ A ~'aw~ ussed in My
Pad #4 to Mr. Safe of of Febr
letter to ycu dated Mdroh 6,
conditions wlllch will allow us to conalete this protect' Mr. Baker has
1W1/031490093/1 ~ .,,:~~,„•,,..,,u•,:u~_,
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Texas Department of Health
Attention: Mr. Irvin J. Turner, P.E.
March 140 1990
Page 2
is
{ Indicated a willingness to Inspect part of this construction processe
We Intend to contact Mr. Baker by telephone when construction begins to
schedule a site visit so that he can observe.
1 have enclosed a drawing of the landfill which shows ou~noghesaolo
date i~ 16 wet regarding
the scrapers lhauling sollnforcfinal cover cause large ruts which
M1 Is counter-productive.
Other activities have Included Installation of additional wind fences
around the working face and use of additional manpower to collect
windblown trash. We will continue our efforts In this area.
: With respect to the requirement for excavation of lining Is eao mat d that
designated Geld 7 + 31 to 9 + 79) A + 00 to E + 57, It `
excavation Is 70% complete (August 11 1990, deadline).
With respect to the task of tieing the north and south liners (north
side of Grid 5 + 88 to 7 + 31) A + 57) together, It is ;estimated that
the project is 20% complete. This project should go quickly when It Is
dry enough to work again In this area.
Please do not hesitate to contact ma at (817) 566-9420 regarding this or
any other concerns you may have.
' Sincerely, ~
i
Charles S. Wa`l,ins
Superintendent
Solid Waste bivlslon
CSW/sc
Enclosure
xcl Mr. Robert E. Nelson, Executive 0lreotar of Utilities
Mrs B I I I Angelo, Dl rector of Comnunlty Servl s
l Mrs Gale Baker, Public Health Region 5
Mr. Charles Jackson, p,E., Rome,Englnears
Mr. John Lobaugh, Landfill Supervisor
lwlt031490093i2
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rFE8 2 81990
tTexas Department of Hea MANAGEAS;c;FF~Cf._.
Public Health Region 5 C. R. Allen, Jr., M.D., M.P,H.
Robert Bernstein, M.D,, F.A•C,P, 2561 Matlock Road Regional Irector
Commissioner Arlington, Texas 76015-1621 //JJ
Robert A, MacLean, MA. (817) 460 3032
Deputy Commissioner D1FW Metro 261.2911
Professional Services
i Hermas L. Miller
Mnagementnt and A m
Manage ~~+u ecrmYpT REQ111$BT'lli~
Administration
February 22, 1990
The Honorable-Ray Stephens
Mayor of Denton
215 B, McKinney Street
Denton, Te)AS 76201
Subjects Solid Haste - Denton County
City of Denton - permit No. 1890
SR Denton, 0.35 M! a of Rdwards Rd (2111) & Mayhill Rd Into On S
y d a of kR, 0.38 Mi S of 4INTp, & 1,7 M1 E of Loop 288 & IH-359
Into
Dear Mayor Stephenst
On February 20 19900 Messrs, Oslo Baker, 0e0109i8t and Dan Long, P,Xae
conducted an inspection f the subjee our m representatives Mvere i
disposal facility, JoDuring hn L. Le inspection , Landfill Foreman. Mr, Baker ~
accompanied by Mr.
discussed the inspection results at the site with Mr. Charles 4latkins, s
superintendent of solid waste.
~a Our inspection report revealed that the site was being operated in
violation of the Texas Department of Health$$ "Municipal Solid Waste
management Regulations" (MSNMR), The violations noted and corrective
} actions required are as followat
1. 325o122(b)s SLIER - An SLBR dated 02-14-90 was submitted for the i In our
sidevall liner as" noted inItems 0,1.
schedule dated January 25F 1990nd he ~SLFR and
hat
' evaluated sidevall liner is not acceptaThe topito~a ob lines twat
the construction was not complete, the
i damaged and did not contain a (1) one foot thick minimum
The protective cover is to
protective soil cover as required,
1 reduce or eliminate desiccation cracks due to surface drying in ment addition to mitigating effects gr rut dbl6g+t00
liner surface, which was not properly, tied ,
r to 6 + 12, contains a Joint or dogleg,
together, A. ramp was still in place leading from the top of the ;
~
tideyall liner to the bottom of Patl i 411 The sidowall liner mush
t be brought up to a uniform grade from Otid 5 + 19 to 7 + 31, the
dogleg from approximate grid 6 + 00 to 6 + 12 properly tied
together, and placement of a tike it asnpatyl eQ(1lnorn su a e . The
protective soli cover overlying ?
SL>ER submitted
sidevall it comp 1anand another ce schedule,
accordance with the imposed
-
6
f;
It it
1
The Honorable Ray ataphens
Mayor of Denton
February 22, 1990
page 2
of windblown
2. 325.134y Windblown MonepzopertyA eouthe8of vthe msite, Additional
material was noted
intermediate Scoverrwiens ll ihelppreduce
screens and/oz bettezutilization
Application of the re4
the occurrence of windblown material. The windblown material must
be COltwithathe irapaseddcompto the active llance schedule disposal area in ,
accordance
theSvprevious Eeill d oat$&#
3, wab) i obIntermediate ved on the cover outface excesS
waste ste was 25 to R + 50. The ,
from approximate grid 1 + 00 to 5 + 00) A + '
waste must be provided with Sntezmediate cover in accordance with
the imposed Compliance schedule, with the imposed compliance
You are reminded that failure to comply w
+ schedule dated January 25, 1990 and with amendments dated February 8i MSWMR 1990, constitutes a further violation of actions willh
be held inuabeyanceepending
regarding fuzthar enforcement
the next inspection. The "Solid Waste Disposal Aat provides Eoz
or court ordered
to $10,000,00 per day
administrative Civil penalties up no more than
pet day not lviose $should legal relief be 100,00 or 0
I
civil pe0 er theolationamoun
X25,00 .0 p
required$
be i,f et11
i If you have any questions concerning this letter, or if we V*Y contact our
assistance to you regarding solid waste management, you may in Do f Pot,, Arlington office at telephone numbs%C(8ax)Nichael32,
Crayou may refer
to contact Messrs, L, C, oafs
Austin at telephone number (511) 4581271.
Sincerely,
role-Irv n a, Turner, p45, '
Regional Engineer
IJT/aL8/gb
i ~
Attachments
Coo Division of Solid Waste Management, Austin
Denton County Health Department i
Denton Landfill Supervisor
Denton Solid Waste SupetlnLyndont j
Denton Director of Community Services
Denton City Manager
Denton Assistant City Manager ;i
r,
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JUL
19t8g f
4`. Mnrrnc~RSror~
OITy of DBNTON / 216 E. McKinney / Denton, Taxes 76201
MEMORANDUM
TO: Bill Angelo, Director of Conmanity Services
FROM: Charles Watkins, Superintendent, Solid Waste Division
DATE: July 19, 1989
SUW=s TE)(AS DEPARD1ENT OF H&WM INSPECTION
E The Texas Department of Health inspector visited our landfill along with
the old landfill on Mosley Road. §
The existing landfill is in general ccmpliance, but we will gat a letter
regarding the old Mosley Road landfill because some of the top soil has
f washed away in recent rains and because the water diversion berms and
terraces have not been constructed.
These activities have not been caVleted due to rain and other camitr
mente of Street Department personnel. "
Charled so Watkins
"SW/80
ST/1W79122
xo: Steve Carroll, Supervisor, Residential Solid Waste
\
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S04 *14wai Texas Department of Health
Robert Bernstein, M,D„ r.A C,P. Public, Health Region 5 C. R. Allen, Jr., M.D., M.P.H.
Commisslonor 2561 Matlock Road Regional Dlreclor
Robert A. MacLean, M.D. Arlington, Texas 76015-1621
Deputy Commissioner (817} 460-3032
2r612911
Professional Servleas 1FW Metro 2
Flermas L, Miller
Deputy Commissioner CERTIEIED MAIL NO, P638 52,1 972
Management and Adminlstratlon RETURN RECRI T REQUESTED
January 25, 1990
The Honorable Ray Stephens
Mayor of Denton JAN 2 91990
215 E. McKinney Street
Denton, Texas 76201
crr^ a'RS F r i
Subjecti Solid Waste - Denton County
City of Denton - Permit No. 1590
SE Denton, 0,35 M1 E of Edwards Rd (ER) & Mayhill Rd Int, On 8
I? Side of ER, 0.35 Mi S of WWTP, & 1.7 Mi E of Loop 288 & IH-358
iInt.
' Dear Mayor Stephensi 1
The Texas Department of Health Region 5 Office has received a copy of
} the Lequested compliance schedule dated January 3, 19900 submitted by
Mr. Charles S, Watkins, Denton Solid Waste Superintendent, The
f compliance schedule proposes a plan of action in response to our l
inspection of the subject site on December 51 1989. E
Slibchapter H of the "Municipal Solid Waste Management Regulations" i
(MSWMR), authorizes this Department to impose compliance schedules which
( will bring munici a1 solid waste facilities into compliance with the
Departatent's regulations. Failure to comply with the following
} J compliance schedule or obtain a written extension from the Department
wi11 constitute a further violation of the MSWMR and will result in our
soaking legal relief in accordance with appropriate state statutes, The j "
✓ "Solid Waste Disposal hot" provides for administrative civil penalties
up to 010,000,00 per day or court ordered civil penaltieA in the amount
of no less than $100.00 or no more than 025,000,00 per violation per day
of violation should legal relief be required,
he per the violations noted during our inspection on December 5, 1989)
and after review and consideration of the submitted plan of action, ?
operational procedures and corrective action must be implemented as
J followsl
A. The following must be implemented immediately upon receipt of
this letteri
u 1. Markers shall be placed so that all areas for which a SLER {
(Soil and Liner Evaluation Report) has been submitted end
approved by the Department are readily determinable, Theme J
' markers shall be located so that they are not destroyed li
during operations.
M..
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C
The Honorable Ray Stephens
Mayor of Denton
January 25, 1990
Page 2
read and
oBited each day ll be
peated passages ofh suit blescompaction
2. levenly byepe
compacted sts compacted,touahthicknesshOf approximately two fast,thoroughlY
p
i 3. All solid waste deposited each day shall be provided with
intermediate cover at the end of the working day.
Intermediate cover shall be six inches of well-compacted
earthen material not previously mixed with garbage, rubbish,
or other solid waste.
4 4. An attendant shall be on duty during operating hours to
direct the unloading of solid waste.
t j S. Windblown material shall be collected and returned to the
active s unsightly xons necessary to minimize unhealthy,
unmafe, or .
6. Earthen berme shall be constructed on app%roved lined areas
which are adjacent to unlined, unevaluated, And/or unapproved sidevall depositndnand drat age ao oaurring ontovthemewareas,from being
p
U, The following must be completed prior to Match it 1990.
f 1. Construction of sidewall liner as required and submittal of
SLER for the south side of the area labeled pad 1121 as
depicted on the attached drawing contained in the sub3act ,
compliance schedule, acid 5 + 19 to 5 + 791 A + 00.
2. Construction dlithe area requirad submittal
SLRR for the north side of + 88
to 7+ 31) E+ 57. ! 3. Construction of bottom liner as required and submittal of
g SLUR for the area labeled 02, Grid 6 + 79 to 7 + 311 A + 00
and 5+ 83 to 7+ 311 C+ 16. l
4. The entire surface of each completed portion of the fill
shall be provided with final cover in accordance with
Subsection 325.150(C)(1►2) (MONMR),
C. The following must be completed prior to April 11 19901
1. SCoootruotion of LER the mouth d side l of liner the area required and submittal
for or t th
SL>fR + 79
to 7 + 311 A + 00.
S
f
«~n
at
The Honorable Ray Stephens
Mayor of Denton
January 25, 1990
Page 3
1
D. The following must be completed prior to August 1, 19901
1. Construction of bottom liner as required and submittal of
SLRR for the area labeled #31 arid 7 + 31 to 9 + 791 A + 00
to E + 57.
R. The following must be completed prior to September 1, 19901
1. Construction of sidewall liners as required and submittal of
! SLIER for the area labeled 03, Grid 7 + 31 to 9 + 791 A + 00
j and R + 57.
2. Site operations shall be in compliance with the approved Site
Development Plan in accordance with Section 328.111 (MSWMR)1
If you become aware that for reasons beyond your control, full
compliance cannot be attained as outlined in this compliance schedule,
you shall submit a written request for an extension to this Department,
outlining the reason for the delay and the date than compliance will be
i attained.
:P
! If you have any questions concerning this letter, or if we may be of any
j aosistanoe to you regarding solid waste management, you may contaiots Mr,
Michael Orasber, P.R,, in Austin at telephone number (512) 458.12110 ox
you may prefer to contact our Arlington office at telephone number (811)
460-3032. 1
Sincerely,
was..Irvin J, Turner, P,R,
Regional Rngineer
IJT/dL6/gb
Attachments
cci Division of Solid Waste Management, Austin
Denton County Health Department
Denton Landfill Supervisor
Denton Solid WlAste Superintendent
Denton City Manager
Denton AsSietant City Manager 1
i
R'
J Atv V '
6' ``1,
01rr of D/NrON 216 E. McKlnneY / Denton, Texas 76201
mv.
January 3,
UI
W J
Texas Department of Health
1100 West 49th Street - Room T602
Austin, Texas 79745
Attention! Mr. Chet Safe
t
Dear Mr. Safet
to the Texas Depart-
I have enclosed a co Mllance schedule In response Mr. Gala Baker. We j
!i ment of health Inspection of December 5r 1989, by
omments or suggestions You or Mr. Baker may have regarding
welcome any c
the activities and time schedules proposed.
~ted The amended SLEk's reque he S by fMr. orthee newwere ed to you ly 1Sneda Ten (area 01)rfrom
this week and we expec 1.
{ Rome within the next fe das. TheceanmuAl rttfleelectrical reslstivitY survey
has also been t you via Sincerely,
:
I
rl s~ /w4at kina
{ ha ,
rintendent
e
Sup
Solid waste Division
l
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1w1/o 51
Enclosure sure
xc: Mr. Gale L. Sake'
'texas Department of Health
Region 5
2561 Matlock Road
i Arlington, Texas 76015-1621
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F
CITY OF DENTON
PLAN OF ACTION
IN RESPONSE TO TEXAS DEPARTMENT OF HEALTH
' INSPECTION OF DECEMBER 5, 1989
A. Install signs clearly labeled "SLER" at llmlts of existing liner.
k Completed on December 7, 1989.
B. Remove material along em Arm edge of PAD 112 to expose liner.
excavate remalning soil and Install liner In area labeled %I on 1 "
attached drawing which Is approximately 200 x 160 feet.
{i{S Completed on December Up 1989.
! p
0. Excavate remaining material from the area labeled N2 on the at-
tached drawing and Install liner In the area whlch is approximataly
i
255 x 160 feet.
4 To be completed In January 1990.
Excavation and Ilning to be completed by February 28, 1990.
I
4 '
G D. Build sidewall liner approximately 10 feet In height along south
side of area labeled 02 on attached drawing and complete sldewall
i~
C S~
5
1w1/121289035/1
I
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1
1
PLAN OF ACTION
page 2
l
liner and tie in with slurry well along PAD k2 and area labeled N2
E
} On attached drawing as depth (,f waste permits.
Complete sidewall liner to a height of approximately 10 feel by
March 31, 1990.
I
E. Excavate and line area labeled 03 on attached drawing and Install
i
sidewatl liner to provide adequate space to corply with site
development plan.
By February March 1990.
1 I of
Excavation has begun on this area) however, due to the density
c, the soils thus far encountered, It is estimated, that excavatlon
w111 be completed by June 30, 1990, with bottom liner by July 310
I I
1990, and sldewall liner by August 31, 1990.
i F, After Item E above 1s completed, the north and south liners will be
tied together.
By September 30, 1990.
E
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44 i
f
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twt/121289035/2
4
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i
PLAN OF ACTION
Page 3
to conjunction with 8.. C, and E, soli will be used to restore
G.
intermediate cover and clay will be used for final cover whore
needed.
Thts activity Is currently underway and will continue in conjunc-
tion with Item E above. y
1:f F, I •
i
w A ~
H. An employee will be hired to fill a vacant position who will be the
a spotter and will collect windblown trash around the working face,
I`
By January 15, 1990.
If
1. Residentlal and Unmercial crews will be used on a regular basis to
clean any windblown trash from the landfill and adjoining property.
~ r
i
Nov and ongoing.
►
J. The activities and caVlatlon schedules are subject to delays which
may be caused by weather conditions which prohibit excA-
vation/lining and cover operations,
i
i
3
f ~
iwl/1?1289035/5
4 1
1WW rp,p 1
r r
PLAN OF ACTION
Page 4
December 8, 1989, electrical crews installed eight power
On Friday,
1. poles with street lights to illunlnate the working area Other equip-
' ment and manpower began to arrive on site Friday afternoon: By Satur-
day, at 7130 A,M., ten dump trucks, two track loaders, one tracked
backhoe, three rubber the loaders, and four scrapers were working on
excavation and cover, sicng with six Residential personnel who collected
litter and cleaned the site and adJacent areas, On Sunday, December 10,
1989, some of the crew members worked until 1,30 A.M. Monday morning.
j By Monday, Decanter 11, 1989) a 200 x 160 foot area had been excavated
and lining activities were cannenced, .Additionally, the existing liner
+ of PAD 12 had been exposed all along Its north-south edge, j
i
Crews are currently excavating In area 02 and area 143 shown on the
`
attached drawing,
j
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eia,b Texas Department of Health
Public Health Region 5 C. R. Allen, jr,, M.D„ M.P.H.
Robert Bernstein, M.D., F.A.C.P. 2561 Matlock Road Reglonal Director
Commissloner Arlington, Texas 76015-1621
Robert A. MacLean, M.D. (817) 460.3032
,
Deputy Commissioner DlFW Metro 261.2911
Professlonal Services r.Q Hernias L, Millar
Deputy Commissioner
Management and Adminlstratlon g~
December 8, 1989
~LI
c
The Honorable Ray Stephens
Mayor of Denton
i i 215 E. McKinney street
Denton, Texas 76201
l Subjects Solid Waste - Denton County ;
City of Denton - Permit No. 1596
$E Denton, 6.35 Mi E of Edwards Rd (ER) & Mayhill Rd Int, On 8
Bide of ER, 6.35 Mi 8 of WWTP, & 1.7 Mi E of Loop 288 & IH-35E
i Int.
Dear MaYL Stephanst
I On December 51 1989, Mr, Gale Baker, tleoloaist, inspected the subieet
{ Type 1 municipal solid waste disposal facility. During the inspection,
our representative was accompanied by Mr. John L. Lobauqh, Solid Waste
Foreman, Landfill.
Our inspection report revealed the site was being operated in violation
of the Texas Department of Health's "Municipal Solid Waste Management
` Regulations" (MSWMR). The violated rules and corrective actions
j required is as indicatedt
1, 325,1111 "The approved Site Development Plane consisting of
the design, Site Operatinq Plan, and related data becomes an
operational requirement, and any significant deviation from
the plan without prior approval of the Department is a
violation of this subchapter." site operations must be
altered to comply with the approved site Development Plan.
Chanqes to the approved plan most be approved prior to their
implementation. The procedural requirements for solomittinq
such revisions are detailed in Subsection 325.111(3) of the
MsWMR, The filling sequence being implemented does not
conform to the "Typical Mill Sequence", Attachment No, 6D of
t the Site Development Plan,
i
2. 325,122(b)t "The opcraluxu of sites ser.vinq a population
i equivalent of. 5,600 or more, or where required by permit
t special orovislon, shall submit to the Division a soil and
Liner Evaluation Report tSLPR) in triplicate (including all
attachments) for each disnose) trench, excavation, or area
and in accordance with the construction methods and test
procedures 14edavatipriorHtold nand ositfirnnrAnyv ueolid
t
1
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0pk }15
R
EEE
The Honorable Rav Stephens
Mayor of Denton
December 8, 1989
Pace 2
waste in the disposal trench, excavation, or area unless
alternate means for protecting ground waters have been
approved by the Division." The solid waste must be moved to
an area for which a SLER has been submitted, and no future
disposal shall occur in any areas for which a SLER has not
been submitted, The SIXR submitted for Pad N2, bottom
liner, dated January 13, 1989 (rev:.sed), established the
boundaries for the evaluation as A + eS to E + 53, 5 + 19 to
5 + '79. The boundary of E + 53, 5 + 79 was also established
in the SLER submitted for Pad 02, north sidewall liner,
j dated June 12, 1989 (revised). Waste appeared to have been
deposited on an unevaluated, unapproved area at
y approximately E + Se to S + 53 and east of 5 + 79(i.e. 79+).
I 3. 325,122(d): "Markers shall be placed so that all areas for
which a SLER (Roil and Liner Evaluation Report) has been
submitted and approved by the Department are readily
determinabr.s. Such markers are to provide site workers
immediate knowledge of the extent of approved disposal
a areas. These markers shall be located so that they are not
I destroyed daring operations." The required SLER markers
i must be installed or replaced as appropriate and must be
shown on a grid system layout that is retained on site.
Markers were not in place for the SLER at A + 00, 5 + 79 and
E + 53, 5 + 79,
4. 325.132: An attendant shall be on duty during
operating hours at Typo I and IV sites to direct unloading
•of solid waste. An on-site attendant must be provided
on the site at all times the site is open and accepting
waste.
i
5. 325.134: "Windblown material shall be collected and
returned to the active disposal area as necessary to
? minimize unhealthy, unsafe, or unsightly conditions. A
l portable fence or other suitable moans shall be employed to
1 confine windblown material resultinq from unloadinq,
spreading, onfl compaction operations to the k;mallast area
9 practical.,' All windblown waste must be collected and
returned to the active disposal area and future occurrences
of windblown waste must be collected and returned to the
active disposal area.
6. 325,159(a)i "Pox. Tvpe I sites servinq a population
equivalent of. 5,SS6 people or more, solid waste shall be
spread and compacted evenly by repeated passages of suitable
compaction equipment, such that each layer of solid waste is
thoroughly compacted to a thickness of approximately two
feet, You must implement operational procedureA Na
necessary to accomplish the required compaction{ The
i i
ti
The Honorable RAY Stephens
Mayor of Denton
December 81 1989
to achieve
page 3 the inabo,iviolation no.
The correction Sequence, is
current oparat ions has resulted in filLinq
the required action, this violation,
the site development tolcorrect povexed on
1 regarding oxdeY to even basin
imperative in u of waste cannot fl~ be tom tihetaalmost vertical
as a tar es aafthe active area
the gl p
aerial method of filling shall be six inches Of
Of
lite cover mired with
Nlntexmedimater.lal not pree tolYprevent the
7. 328l188tbactod earthen th waste oblems) and
well-Camprubbish, or oter solid
~ arbage, insect and rodent pr each day
q of waste materials) waste deposited of the
l blowing all solid operational
i obnoxious adore with inter" must cover
implement ha end dally
shall be provided n You mustlish the zaquixad
to accomp basnq utilized
working s as necessary ui ment was not
procedures noted that ea p time of the in dedtito
covax. it wars erations at equipment being
daily cover op and to 5'2""
£or, the meohanical failure it may be necessary oz
due to beGeua0 of capability
construct the new soil li(either the construction orfi new
aaditional equipment to Contract has resulted
over.
dependability) The and/or oparaequtiiorred intermediate regaz6icna the
r
sOil linezatio achieve the in
inabilittha correction of violation r,o. 1is impexativlarge
filling sequence, as a
again, t plan violation, the
j site development: meevenn begin to carxect this and covered on aerial a lacted axdex cannot be comr
to the almost vertical
1 amount of waste
slopes of the active a tea due
method of filling each completed portion
of cover within 30
uxhe eboiprovideflc with final l8. 325.1501c1~ shall weather would prevent the lace final
of the fill It you muaC promptly p o„ the
'I days unless inclement
areas fhe aloperequires
of any cover material. completed filled area
19gfG)11►21~
! Cover over all cur Of the comp eted tian
i north and west glda with 9ubser 325. Charlie
in accordance with Mr'
2 final cover
inSPOCtion and mahninperpmber 12, 19894
d anotol at a1► wi11 issue a
Mr. Baker has schedule of solid 4taeta, the DepaxtmAnt
Watkins, $uperlntendent and meeting,
this in,p6ction of the above violations.
rorrectinn ~f
f'ollowinq
ul
compliance schede for
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The Honorable Ray Stephens
Mayor of Denton
December 8, 1989
a pace 4
If you have any questions concerninq this letter, or if we may be of any
assistance to you recardina solid waste management, you may contact Hr.
Michael Graeber, p,E,, in Austin at telephone number (512) 459-7271, or
you may prefer to contact our Arlington office at telephone number (817)
460-3832.
Bin e ,
v n
onal Engineer
1
IJT/dLB/gb
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cat Division of Solid Waste Management, Austin
Denton County Health Department 1
F; Denton Landfill Supervisor
Denton Solid Waste Superintendent
1 Denton City Manager ,
Denton Assistant City Manager
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Texas Department of Health
1'100 West 49th Slrent Robert A, MacLean, M,D.
Robert Bernstein, M.D., F.A.C.P. Austin, Texas 78756.3199 PProffessionaltSer Commissioner
Commissioner (512) 458.7111
Hermas L, Miller
Deputy Commissioner
AUG. s 1 1889 Management and Adminlstratlon
Honorable Ray Stephens
Mayor of Denton D
} 215 E, McKinney Street
Denton, Texas 76201 SEP - 5 W
Subjectl Solid waste - Denton County
City of Denton - Permit No, 13
5,0 Miles E of Denton on Mosely Road
i Dear Mayor Stephens',
on July 19, 1989, Mr, Boyd Cole, P, B,, from our regional office, inspected
the subject municipal solid waste disposal facility for poet-closure
LoBaughg Landfill inspection, o£rcity rof Dentones wpermitoNo. 1590,
Mr, John maintenance
During this inspection, post-closure erosion problems requiring maintenance
were noted, All the erosion must be repaired and must be planted with
native vegetation to.help minimize further erosion. Particular attention
must be made to the erosion on the northwestern quadrant of the site,
According to the schedule projected in the CTheeefDecembert131 1988, letter
} all the erosion should have been repaired,
next inspection in November 1989 we will expect to see all the erosion
repaired and vegetation growing, Your cooperation in maintaining this
closed site is greatly appreciated,
If you have any questions concerning this letter or if we may be of any
assistance to you regarding solid waste management, you may contact
t+:, Phil A. Spry, P,E,, of my staff here in Austin at telephone number
(512) 458.7271 or you may prefer to contact Mr, Irvin Turner, P.R.,
2tegional Director of Environments', and Consumer HAalth Protection at
S 2561 Matlock Road, Arlington, Texas 760151 telephone number (817) 460-
3032,
Sincerely,
c
c
Hans J. sailer, P.R., Chief
Surveillance and Enforcement Branch
Division of Solid Haste Management
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PAS(bls
ccl Region 5, TDH, Arlington
Denton City-County Health District
Denton Assistant City Manager
Denton Landfill Supervisor
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' Texa° .Vasle Manr+9amierlt
g,O, Box 719 Sireal
1300 goulh iiaAro75061.0119
v111e,Texa's 7y
Lewls
21414384612
8001772OAu~3ust only)
1989
AUG 2 2 I9~1
Mr, Ray Stephens
j EAS F
E Mayor f Penton
city o McKinney street
215 'E'l Texas '16201
nentOr ,paste Regulations
Federal solid
Res New A envy
4 overnin5
the U•S• Environmentsgulations ~Jn
4 pear Mr. Stephens federal r
probably are awarer to the the subtitle time raise) on
these
As you tensive xevisiong known ae j
proposed eX landfills in operation as early as the f irs~ I
waste changes
municipal solid Landgillswhiari could significant
effective lament he attached
August 3Or 19881
byoome lired to Imp indicated in t these new
regulations Will be rep ljoalthe
i
i quarter of 1990} e ulatpepartment of
with the n as
to comply from the Tex '
newsletter include
requirements s
and leaenate aoileotion systems
liners 1
monitoring and post_olooure
groundwater for Proper closure y
• ears
at least 30 Y .
assurance period or
financial
a pant-closure maintenance I
the disposal of ~ s
daily cover and preventing
• a program for detewaste and PC9's' y
regulated hazardous of co
mply of with the
landfill
that the asst costs for
indi far exceed current requirements many
3ublisned estimate wi11 asppital caused
requirements esi:imatesrliabilities have would be
no w such Cast -term closure he such,
operations contingent long-term landfil~erations•
tinued np to landfill
rading, and to conalu an con y
Op era tors economical lamenting alt direot haul to other
upg landfill more imp
are re er stations and
signifydill OperatO o trans
same including t
landfills,
v;co,,nc
So
plvlsion o1 Amanc;m Conit,wnr
A
ra
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A WaetaManagomonl Company
y Of
to list the Cof
otsll-qualiPied Waste management
at Waste Management are requirements.
the new WPp over 7 million households
contracts# as well as over
Denton address(WMI <i ourrenrlY servos
WMNA operates more
North America of j f200 trimu<
000 commercial and indusal customers. stationso
under the solid terms waste landfills and numerous tran~ious services to
600
than 12o provides va
in size from plower Mound to
Waste Management currently Texas - all of
cas municipalities ranging landfills in the state ,
in Tel
over fifte opeY'ate twelve sanitary compliance with
Dallas. demonstrated records of i
which have
regulations. wholly owned subsidiary of
reaiate an 1
ement is the arias. We would app
Texas Waste Manag of North Am ement could be of
Waste Management ,Ste Manag brought on by the
rtunity to further die the new chol1e esou to explore areas i
s calling Y E
e toe to you in meeting
forthcomin regulation the near ifuture,
of mutual Interest in
{ SincerelYp
S Texas Waste Management
p
M --ACU . s tafson
general Manager
Attachments 1
Manager, Lloyd V. Harrell
act City
g, Caeater
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Texas Department of Health
Robert Bernstein, M.D., F.A.C.P. 1100 West 49th street Robert A. MacLean, M.D.
Commissioner 3EP 2 9 Austin, Texas 76756.3199 Deputy Commissioner
(512 4587111 Professional Services
Division of Solid Waste Management Wermas L. Miller ,
Deputy Commissioner
NEWSLETTER Management and Administration
FOR ALL CITY AND COUNTY OFFICIALS, SOLID WASTE MANAGERS AND IMRgSTRD PBRSONSt
,
The long-awaited proposed revisions to the criteria for municipal solid waste landfills
were finally published in the F!deral_Reaister on August 30t 1988, These revisions
entitled "Criteria for MunicipT~oi3T ta~andfills" will be published under Tithe 40,
Code of Federal Regulations, Part 258. After they have become final, the states will have
18 months to implement the rules.' Theme proposed rules will appiy to all new and existing
sites and are not expected to be retroact ve to sites closed at thhe time the rulas become
effective. A brief summary of the rules followst
1. Operating Criteria
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1. Daily cover will be required on all sites.
2. Explosive gases control will be required.
3. Open burning will be prohibited.
4. 24-hour aocess control will be required on all sites.
i S. Drainage control will be required to consist of run-on control
systems to prevent flow into active portions of the landfill
during a 25-year sto,•m and run-off control systems to collect and
control the volume of a 24-hourt 23-year storm,
6. No discharge of water from a landfill will be permitted unless it
is in accordance with the Clean Water Act.
7. Liquids will not be allowed to be accepted at a landfill to '
Include vacuum truck wastes.
8. A program must be implemented to detect and prevent the disposal
at the facility of regulated hazardous wastes and P081m.
II. Closure and Post-Closure Criteria
L, All sites will have to submit a closure and a post•closues plan
for approval. Now sites have to have theme plans at the time of
j permit application.
2. The post-closure maintenance period will last a minimum of
30 years.
3. Financial assurance for proper closure and post-closure
maintenance will have to be provided for the life of the landfill
and the post-closure period. Only federal and State-owned
facilities would be exempt. The amount of financial assurance
will be based on a detailed, annually revised cost estimate as
to what it would cost for a third party to effect proper closure
or post-closure remedial action,
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(trenches) within existing landfills
TTT, Design Criteria
rcinogenic
1. New landfills and new units ( 1 to the
designed against an allowable groundwater ca
will level g be required to have liners and leachate
pp Y risk ve~
risk level and may The allowable risk level would apply
collection sysandswould be based on a withinma ranger from 1X10
site boundary Per exposed to one
case to go" oneucase ofecancerxperul0 000 p
1X10"
case per 10,000,000 persons exposed).
landfill would not have to be
2. completed sections of an existing
and phrlfiscieitcoverlandicoverymaintensnca.
retrofitted fora linerOro
have
would have to
TV, Groundwater Honitori.ns Criteria
1, The
will be re wired to monianrd +aillggo through the
All new sites tense
~s .
dampling requirements wi 1 be intense
post-closure maintenanqa period.
landfills will be exempt
Previously filled areas withegquiretmengts only it the ermittee y
no potential igra
2' from groundwater monitoring the active
for e period during Jon o
can demonstrate that there is
uppermost aquifer
I hazardous constituents to the u term pp saquif 11£e of the landfill and the poll
gPA.has explained this background
Preambl"N to the rules and requests your
stringent reuirements,
"nice these rules contain very an 14•page
and rationale for each proposed rule in
in view of the
comments on them. October 31,.1988.
osed rules must be submitted by extension to the
voluminous nature ofntih~fgream la And rule if thou Association of State
Comments on the prof lisle s has asked ~PA EaNaa 3Additixte time you401 H
complex and lio Vast*
esp Han es ms of been received so ironmental Protection Ag
E
comment al 00 n nv
comment period A response aministrator, U.
20460. st 30, 1988,
should write Mush a ton, O.C. Thomas, Ad
Street, s.ll.+ es 33313-33422, of the Augu Dell the
Yf,yoU.do not have ready aaces$ to -a copy► to
went ~
The proposed rules are contained part IYpy can be provided (may'take 2 weeks No. of Vol 42.4.53946 6 U. S. (loverrsing
to sea cop f`
ne ( ) i£ a
or.r the 8uperintbndont Of hook 00 Or You can order
receive) or you can order a 01) j0402 1. by sending hCost 14 0S0 per~cepY' order or coa
Office, VarhingtonrD.C•
Printing pp the volume number and the first page
to YphoneGat (292) 783 32381 ouhensordering use torCard• Hr. Glendon
by b 53PR33313.
num er involved - resentation given by
assure that solid was e
era~muante'CO jurisdiction-
Enclosed for your i rnformation ent risewithin theirrecent
services are egis remett for 1oaa1 90,
Eppley concerning the provided to A 1 pe
Hector H~ "end9 Director
Division of solid lasts Management
HHMscsh
Enclosure
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Yexas pepar~ment of Heath
1100 West 49th Street Robert A. MacLean, M.D
Robert 9emstoln, M.U., f,A.C.P. Austin, Texas 78756.3199 Depury Commissioner
Commissioner {512) 456.7111 Professional Services
Herman L, Mtlier
fti; Depury Commisstoner
Management and Administrationr
~Eg, Si7 19A4
Honorable Ray Stephens s
Mayor of Denton ~ '
215 E. McKinney Street y~
Denton, 'faxes 76201
sub~eot; Solid Waste Denton County
' ,k City of Denton -Permit No. 1590
Soils and Liner Evaluation Report Acaeptanao ,
~ Dear Mayor Stephens,
j Our staff has reviewed the Boils and Liner. Evaluation Repnrt which arrived
aC this Department on February 3, 1984, aovera the area denoted on the site
i map furnished with this submittal, and was prepared by Mr. Charles J.
Tracy, P.E., Rone Engineers, Ina.
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This dooumont indiaatea fire evaluated section of lineY aompliea with Ch®
y~ groundwater protection requirements contained in Chia Department's
"Municipal Solid Wsatie Management Regulations." "~4
Mr. Tracy indinatod in Part F o£ the evaluation reporC that we may expeaC 'X.
to receive the aext submittal sometime in July 1989.
one aonaernin this letteY, yotx may contest Mr. L. C.
If you have Any questi g e '
Safe, C.B.O., of this oEEiae at telephone number (512) 458.7271.
SinaeYely yours, ,
G~~~,~,,
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I Hector H. Mendiete, Director
Division of Solid 4~aate Management '
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aa; Region S, TDH, Arlington n ~ ~~w;. 3.
Dorton CityCounty Health Diutriat U
,i Denton Assistant Ctty Manager ~
Denton Landfill supervisor 'F;
Rone Engineers
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INSTRUCTIONS; '
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DO N TFl ~M THIS SHEET
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0, CE OF THR CITY, ATTORNE'Y'
MEMORANDUM
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TOt L.kOyd.V. H#~ ,rall'r. City Melnagar,,
Sandxa'r4, ite, Municipal Judge
Krohn Mcaxang, Executive Director of Finance
Tom J'osey, Municipal Court Administrator
city Attorney
FROM: Debra A. DMIOVitch, sUS3ECT9 Court of Record Meeting
DATE: November 15, 1990
i scheduled for 10100 a-n-1
Attached is an agenda fOr the meetingMana er's conference room-
Monday , November 19, 1990 in the City g ts
Also attached is a draft of the proposed legislation for pentan rial for
r Municipal Court of Record which indicates ohtheodascleraltLaw Court
each provision. Also enolos ad is a copy opy pursuant to our
I of Record law with three changes sandxa has drafted (b)# 30.488 (a)
discussions, These are changes to
areiset out 4in tics.
and (b) and 30.506 and the p
r' IP you have any questions in this regard, please let me know.
Otherwise, I look forward to seeing you.
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Debra A. Drayovitoh
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Attachments
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OFFICE OF THE CL'.L''Y ATTORNEY
MEMORANDUM
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To: ~~try, v► . ttorrllr.; city; Mahagoi`
Sandra H. White, Municipal Judge
John McGrane, Executive Director of Finance
Tom Josey, Municipal Court Administrator ;
j
FROM: Debra A. Drayovitch, City Attorney
f SUBJECT: Court of Record Meeting
rJ DATE: November 9, 1990
Attached is a draft of the proposed legislation for Denton's
Municipal Court of Record which indicates the source material for
each provision. Also attached is a tentative agenda for the
meeting scheduled for 10:00 a.m., Monday, November 19, 1990 in the
City Manager's conference room. For those of you who received the
memorandum scheduling the meeting for 9:00 a.m., please disregard
as we had to the change the time. Sandra is working on the bill
„ amending the generic court of record bill. „
As we are following a critical time line, Y would request that if
you have any questions in this regard, please let no know prior to ,
the meeting.
1
ebra A. Drayovitoh
DAD:js
Attachments
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E
SD9CHAPTER DENTON
i
§ Application
This subchapter applies to the City of Denton.
13ource: Addison Law, VT.C.A, Dovernment Code §30,652 (Vernon 1988)1
§ Creation
(a) The governing body of the city may by ordinance create a
municipal court of record if it determines that the formation of
the court is necessary to provide a more efficient disposition of
cases arising in the city. The governing body may by ordinance
h r determine the number of municipal courts of ro•iord that are
required to dispose of the cases and may establish as many as are
needed, The ordinance establishing the courts shall give sao
court a numerical designation, beginning with 'Municipal Court No&
i
(b) A municipal court of record may not exist concurrently with
4 municipal courts that are not courts of record in the city. f
' (o) A municipal court of record has no terms and may sit at any
time for the transaction of business of the court. J
t [Source: Addison Law, V.T,C.A, Ooyernmeni Code §30,653 (Vernon 1988)]
§ Jurisdiction
a) A municipal court of record created under this subchapter
has uriadiction within the territorial limits of the city in all
trim nal cases arising under the ordinances of the city,
(b) The court has concurrent jurisdiction with a justice of the
peace in any precinct in which the city is located in criminal
cases within the justice court jurisdiction that:
!
(1) arise within the territorial limits of the cityt and
i
(2) are punishable only by fine not to exceed $200,
(c) The court has jurisdiction over oases arising outside the
territorial limits of the city under ordinances authorized by
Subdivision 19, Article 1175, Revised statutes,
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} [Judge Whim's wording taken from Vernon Is Ann. CCP, Art. 4.141
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(d) The court has jurisdiction over the forfeiture of bail
bonds.
[Source: Addison Law, V7',CA, Oovernment Code §30.654 (Vernon 1988)1
Writ Power
The judge of a municipal court of record created under this
subchapter may grant writs of mandamus, injunotion, attachment, and ~
other writs necessary to the enforcement of the jurisdiction of the I
court and may issue writs of habeas corpus in cases in which the
offense charged is within the jurisdiction of the court.
[Source: Arlington Law, VT.CA, Government Code §30.425 (Vernon 1988))
E
Judge j
I (a) A municipal court of record is presided over by a judge,
who shall be known as the "Municipal Judge".
II f
[Source: Arlington Law, V7',CA. Oovernment Code §30.424 (d) (Vernon 1988)1
j The municipal judge must be a licensed attorney, in ggood
standing, in this state, The judge must be a citizen of the U ted
States and of this state, but need not be a resident of the City.
The municipal judge shall devote full time to the duties of that f
office as requireda
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[Sourmt Judge White's Present Contract With the City)
I
The municipal judge shall be allowed to devote no more than ten 1
(10) hours weekly to teaching, consulting or other non-judicial
business of the city, in conformity with the Texas Code of Judicial
Conduct.
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]Source: fine sentence listed below Is In almost all of the court 4f record laws except U omits the
wording shall be appointed or elected for a term not less than 2 nor more than 4 years."]
(b) The governing body of the city shall appoint a municipal
judge for a term of four (4) years,
} (Source: Amarillo Law, VXC,A. Government Code §30.524 (c)(d) (Vernon 1988)]
x
(c) if more than one municipal court of record is created, j
i judges of each municipal court of record may at any time exchange
j benches and sit and act for each other in any pending case, matter,
or proceeding.
(d) A municipal judge is entitled to receive a sale and }
other benefits set by the governing body of the city. Theudge's i
salary may not be diminished during the term of office. The salary
may not be based directly or indirectly on fines, fees, or othel
costs that the municipal judge is required by law to collect durin§
a term of office.
[Source: General Law, P,T.C.4, Government Code §30.487 (Vernon 1988)]
§ Vaoancies: Temporary Replaoamentt Removal ` r
(a) if a vacancy occurs in the office of municipal judge, the
governing body of the city shall appoint a qualified person to fill
the office for the remainder of the unexpired term.
(b) The governing body of the city may appoint persons as {
relief municipal judges, who shall be known as "Assistant
Municipal Judges." !§6.03 (d) of the Denton City Charter mfers to Assistant Municipal
E Judges••§30,487 r+rfers to the Assistant Judges as Rellief Judges] An assistant judge
must most the qualifications prescribed for the municipal judge. j
The governing body shall set the compensation of the assistant
judges. The munioipai fudge may assign an assistant judge to act y
' for a municipal judge who is tempporarily unable to act for any
reason. An assistant judge has all the powers and duties of the >
office while so acting,
(c) A municipal judge or assistant municipal judge may be
removed from office in the manner prescribed for removal of a
county court at law judge.
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]Source: Present Procedure Followed by City]
5 Clerks Other Personnel
(a) The Executive Director of Finance, with consent of the City
Manager and Municipal Judge, shall appoint a clerk of the munioipai
court of record, who shall be known as the "Municipal court clerk".
f7 '
[Source.- Addison Law, Vr.C.A. Government Code §30.657 (Vernon 1988)]
racords
rcord deputies
the (u)ni mThe unicipal clerk
courtsh of clerk's
issue shall keep the generally
process, and j exercisinthe duties g criminal jurisdiction is required eclerk of d by law h to county court
that court.
f i
(Source: Midland Law, V,T.C,A. Government Code §30.235 (h) (c) (Vernon 1988)]
(o) The governing body shall provide deputy clerks, warrant f
officers and other personnel, including at least one bailiff for
each court, as needed for the proper operation of the court.
(d) The clerk and other court personnel sht.il perform their
j dutien under the direction and control of the municipal judge.
[Sourrer Amuoflln Law, YMCA. Government Code §30,526 (Yernon 1988)]
I Court Facilities
The governing body of the city shall provide oourtrooms
rooms, offices, office furniture, libraries, legal books jury
materials, and other supplies and facilities that the governing
body determines are necessary for the proper operation of the
municipal court of record.
(Soureer Arlington Law, Y.r.C,A, Government Code §30.426 (4) (Vernon 1988
~ )I
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Court Reportsr
(a) The governing body shall provide for an official court
reporter for the purpose of preserving a record in oases tried
before the municipal court of record, The municipal court clerk,
with the consent of the municipal judgge, shall appoint the court
reporter, who must have the qualifloatf,ons required by general law
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for official court reporters. The governing body of the city shall
set the compensation of the court reporter.
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(Source: Addison Law, V.T,CA. Government Code §30,658 (b)(c)(d) (Vernon 1988))
(b) The court reporter may use written notes, transcribing
equipment, audio recording equipment, or a combination of these
I methods to prepare a transcript of the proceedings of the court.
(c) The court reporter shall certify the official record.
T /
(d) The court reporter is not required to record testimony in
4 a trial unless the judge or one of the parties requests a record.
3
(Source: Oeneral Law, V.T.C.A. Oovernment Code §30.490 (Vernon 1988))
. Prosecutions by City Attornsy
All prosecutions in the municipal court of record must be
conducted by the city attorney or an assistant or deputy city
attorney.
,l I
(Source: Amarlllo Low, V.T.C.A, Government Code §30.530 (Vernon 1988))
Complaintt Pleading
(a) A proceeding in a municipal court'of record commences with
the filing of a complaint. A complaint must begin "In the name and
by authority of the State at: Texas" and must conclude "against the
peace and dignity of the State." It may also conclude "contrary to
said ordinance."
' (b) Complaints must comply with Article 45.19, Code of Criminal
Procedure.
(c) Pleadings must be in writing and filed with the municipal
court olerk.
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Amarllto L4w, VXC A, Government Code §30,528 Vernon 19wi 4U010 488) use of
M ~han8°
Source: has the word "in" Instead of oj''
'17:e Glty"a present seals Jmprlnt
present seaW
seal
words "Muniai ac ached to all
The seal of the lmu cent
of er aandtthe seal must bg
five points in the pt
Denton, Texas." The impress and of thof the court and shall be used
issue i paperse except sub oen"PIssistant municipal judge or the municipal I.
by each municipal Judgs,
muniaipaiejudgeaipal court
i court clerk to utn c tan assi al acts of th a
Clerk, Municipal Judge y
30,531 (Yfrnon 1988)1
' (Source: Amarillo 1 aw, V,T,GAr Government Code § t 4
fury
and son brought before the municipal cry of ix person
(a) A per is entitled to be tried by a jury
E } with an offense to law.
unless that right is waived according have the
h b) A juror for the unibyplaw and court stmbeta x jistered
qualifications required of jurors
voter of the city-
a the
c A juror is entitled to re attendance onpanm nioipalrcourt each
day and each fraction of a day in att 61, ° N
of record jury as provided by Chapter I
SO a ura: Judge Sandra Whhltel
official (d) The municipal court clerk shall and bjeative juror selection
of establishing a fair, imp 5
~ process.
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„igl.•i s,F. 'airy n .a~.rSuVS L aA9~lAf~~'~r~~FSG~f,'.
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[Source: Amaral Law, V.TC.i, Government Code #30.532 (Yernon 1988)]
Court Rules
1
a Except as modified b this subahaptar, the Code of Criminal
Procedure as applied to county courts at law governs the trial of
cases before municipal courts of record.
j (b) Bonds must be payable to the state for the use and benefit
of the city, The court may not assess court costs other than
warrant fees, capias fees, and other fees an authorized for
i municipal courts.
(a) A peace officer may serve a process issued by a municipal f
court of record.
(d) on conviction, judgment and sentence are in the name of th1p
state, and the state recovers from the defendant the fine and tees
J for the use and benefit of the city. The court may require that
! the defendant remain in the custody of the chief of police until ~
the fines and costs are paid and shall order that execution ismue
to collect the fines and penalties.
(e) Pines, fees, costs, and bonds shall be paid to the
municipal court clerk, who shall deposit them in the city general
fund.
+ (Source: Addison Law, Y.M.4, Government Code $30.663 (Vernon 1988)]
§ Appeal
(a) A defendant has the right of appeal from a judgment of I
conviction in a municipal court of record as provided by this
subchapter. The state has no right to and peal or to a now trial.
i The county cou is of Denton County have Jurisdiction of appeals
from a municipal court of record.
(b To perfect an appeal, the defendant must file a motion for
now trial not later than the fifth day after the date on which the
judgment and sentence are rendered, The motion must be in w0 ting
and must bo filed with the clerk of the municipal court of record,
The notion constitutes the assignments of error on appeal, A
ground or error not set forth in the motion is waived. y
r,
(c) After an order overruling a motion for new trial, the
defendant shall give written notice of appeal and pay the
transcript preparation far not later than the 10th day after the lg
date on which the motion is overruled, The governing body shall y
Page 7
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t( set a reasonable transcript preparation fee not to exceed $160.00.
The clerk shall note tho payment of the fee on the docket of the
I court, if the case is reversed on appeal, the fee shall be
refunded to the defendant.
I
j [S'oummi Oeneral Caw, VXC.A. Government Code §30.493 (Vernon 1988)[
(d) The city attorney or his assistants or deputies shall
prosecute all appeals f?om the municipal courts of record.
i
j [Soum,- Addison Law, V.T.C.A. Government Code §30,664 Mrnon 1988}j
Appeal Bondi Record on Appeal
(a) if the defendant is not in oustody, the defendant may nod
take an appeal until the defendant files an appeal bond with the
municipal 6,nmrt of record. The bond must be approved by the cour
and must be filed not later than the 10th day after the date of
which the motion for new trial is overruled. It the defendant is E
e in custody, the defendant shall be committed to jail unless the j`
defendant posts the appeal bond. j
j (b) The appeal bond must be in the amount of $100 or double the
amount of fines and costs adjudged against the defendant, whichever
is greater. The bond must be payable to the state for the use and
benefit of the city and must be conditioned on the defendant's
immediate and daily personal appearance in the court to which the
appeal is taken.
(o) The record an appeal consists of a transcript and, if
necessary to appeal, a statement of facts, The court reporter
I shall prepare the record from the reporter's record or mechanioal
or videotape recordings of the prooeedingo. The defendant shall
pay for the cost of the transcription. if the court finds that the
defendant is unable to payy, or give security for the record on
appeal after a hearing in response to an affidavit by the
defendant;, the court shall order the reporter to prepare the record
without charge to the defendant, if the came is reversed on
appeal, the court shall promptly refund the cost to the defendant.
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[Sourcai Addison Law, V.T.C.A. Government Code §30,663 (Vernon 1988)]
5 Transcript
d
(a) The clerk of the municipal court of record shall prepare
under his hand and the seal of the court a transcript of the
j proceedings in the municipal court of record after payment of the
transcript preparation fee under Section The clerk
shall prepare the transcript under written ne ructions from the
defendant or the defendant's attorney. Unless otherwise agreed by ~
the parties in writing, the transcript must include a copy oft E
i
(1) the'romplainti
(2) court orders on any motions or exceptioner
(3) the judgments
(4) the verdict of the juryt f
(5) any findings of fact or conclusions of law made by the
E courtl
If (6) the motion for new trial and the order of the court on
the motions
3 ,
(7) the notice of appeals
(8) any statement of the parties regarding material to be
included in the recordt
;
(9) the appeal bondf
a
I (10) any statement of factal and
i t
r (11) any signed paper designated as material by either
party.
(b) The defendant or the defendant's attorney shall file a copy
of the written instructions with the clerk and shall deliver a copy
to the city attorney.
1 t
(o) The city attorney shall file a written direction to the
f clerk if additional portions of the trial proceedings in the
}r!r transcript are to be included.
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(Sourvx: Addison Law, VT.C.A, Government Code §30,666 (Vernon 1988))
statement of Facts
(a) The statement of facts consists of a transcription of the
testimony of witnesses and bills of exception. The court repor
shall prepare a statement of facts at the request of the court or
of any party and shall immediately notify all parties in writing if
a request is made. The reporter shall provide each party with a
copy of the statement and shall file one copy with the clerk of the
municipal court of record for immediate transmission to the
appellate court clerk. The transcription shall be in narrative
ive
snotice roftthe
form unless athang the fifth day objection to the
receiving
form not later
request for a statement of facts.
(b) The court reporter shall omit from the statement of Pacts
i matters that are not essential to the decision
or the uestio
presented in the motion for new trial. The ! any document by omitting or abbreviating a formal portion of h*
document and shall exclude formal parts of exhibits and more than
{ one copy of any document.
C 1f
(c) The judge does not need to approve the statement of facts
it it is agreed or assistant city attorney defendant's attorney and
the pity
(d) The party requesting a statement of facts, other than the
state or city, shall pay the cost of preparation of the statement
of facts. The defendant recovers the .costs he paid for the
I statement of facts if the case is overturned or dismissed on
appeal.
t
(e) The defendant or the defendant's attorney and the city
attorney or assistant city attorney may agree on a brief statement
of the case and the facts proven at trial for use by the appellate
court. That statement must be included in the transcript instead
of the proceedings at trial.
i,
(Source= Addison Law, Kr,C.Ar Oovernment Code §30.667 (Vernon 1988))
ry Transfer of Records Fee
The parties the transcript court of and
record nottlater thanathe
with the clerk of the municipal
s 60th day after the date on which the transcript preparation toe was 1
paid. The olark shall promptly forward them to the appellate court
clerk. i
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Sources gddlson Law, V.7'.C.A, C}overnment Code §30.668 (Vernon !9881) ,
f
§ Brief on Appeal ®11ate
"r' eai with the app
' (ay A party must Pile a brief on ap~er the date an which the
court aleck not later than tho 10th day csing
transcript and ti t sria11 dellvera~ aopY o ith brieftto the opp n
Filing each par Y
~ counsel the
9itions of the d°°ossibls to j
(b) geaause of the eat shall beylimited as far as p ~
reaord88t oneirelied onp Eor reversal.
~ the c!u
~ 30.669 (Vernon 1988)) j
j5aarcer Atldtson Law, V.T.GA. Government Code ~ :
i ~ - '
proaedura~ gisposition on Appeal
4 ~
~ eels from the muniaipa<~
(a) The appellate court shall hear app i
court of record at the earliest possible time with due regard to
the rights of the parties and the proper adminigtxation of ~ustiae.
~rS t ma determine the rules fa brief wi bout oral arguments
The aour Y
may submit the Dose on the reaor~ an
(b) Aaoording to the law and the nature of the Dane, the
j ~ appellate aou~."t mays
(1) affirm the judgment of the municipal court of rocordt
rse and remand for a new trial! ~ r
j (2) rave
i
(3) reverse and dismiss the easel or ~
ud ant. ~
(4) reform and oorraot the j gm y ,
the matter was made an issue in the trial court or z
(a Unions from the transcript or the
x it aPf~rmatively appears to the contrary ti
$ the appellate court shall presume that: , `
` statement o! !oats,
(l) venue was proven in the trial oourtl
impaneled and aworn~
~ (2) tho 3urY, if any, was properly
(3) the defendant was arraigned and pleaded to the
oomplaint~ and ol,ark
(q) the municipal ~udga certified the oharge and the
Piled the charge before it was read to tho jurY~
y,.
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Pogo 11
~ ~ a!rry 1, . ,lA+a~~u ..ar ~;ati}'?,1 /r+i~,t~^FH[7!tXc:
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(d) in each case decided by the appellate court, the court
shall dellwer a written opinion or order either sustaining or
overruling each assignment of error presented. The Court does not
need to give a reason for overruling an assignment of error, but it
may cite the cases on which it relied, If an assignment of error
is sustained, the court shall set forth the reasons for tha
decision, The appellate court clerk shall mail copies of the
decision to the parties and to the municipal judge as soon as the
decision is rendered.
Munv:,4ddlson Law, Y,7".C. 4, Goverament Coate §30.670 (Vernon 1988)1
i
§ Certificate of Appellate Proceedings
s when the
Judgment of the appellate court becomes final, the
clerk of that oourt shall certify the proceedings and the judgma
and shall mail the certificate to the clerk of the municipal coin
+ of record, When the clerk of the municipal court of reco
receives the record, the clerk shall file the record with
papers in the case and note the filing on the docket of the
municipal court of record. If the municipal court of record
necessaryiexceptt oa' further action to enforce the judgment is not
(1) forfeit the bond of the defendants
(2) issue a writ of capias for the defendant) or
(3) issue an execution against the defendant's property,
1
[Souf t: AMson Law, P.T.C,A, Qopernnient Code §30.671
j Vernon 1988))
Effect of order of New Trial
if the appellate court awards a new trial to the defendant) the
case standee as if a new trial had been granted by the municipal
court of record.
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[Soumi Addison Law, V.r,C.Ae 0overnment Code 13002 (Vernon 1988)]
§ , Appeal to the Court of Appeals
An appeal of the appellate court decision to the court of
appeals is governed by the Code of Criminal Procedure, except that
the transcript, briefs, and statement of facts filed in the
appellate court constitute the transcript, briefs, and statement of
facts on ru of criminal appeals oprovideaotherwise less the rules of the
court +
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fpf`11 ,
ipolt ~1R~ pp YNG
ICON OIPN7ILR CO
RI7CORD
10100 a,m., Monday, November 19, 1990
11 Consider special court of record b
~ ill
~ 2. Consider bill amending generic court of record statute
3, Consider meeting with Count
y Court-at-.Law Judges
4. Consider writin
for cooperationg rank eturzl, Texas M 1
In working on both billmniaipel League, asking !
6. Consider hiring lobbyist f
6• Consider schedule for meetings with Glasgow and !
Representative Harn senator
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NOV 1 61990
CI11 ~ ,
OF THE C LTY ATTOJEt~TEY
OFI+'YCE
MEMORANDUM
Sandra H. White, Municipal Judge
TO* 01
FROM: Tanya Cooper, Assistant City Attorney
SUBJECTS Amen,.9ment to §30.482, Government Code
DATES November 150 1990,
a '
Attached please finRetlo~~a please let me
Municipal Eorayouriconsiderationl law creating
Court of
know if i can assist YOU further in this project.
'
Tanya Doper
f ,
TCslah 1
i
Attachment 1
11, City Manager {
APPROVED:
x
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Debra A. Drayovi h i
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PROPOSED AMENDMENTS TO GENERAL LAN
RELATING TO
CREATION OF MUNICIPAL COURT OF RECORD
6304487 Creation of Muniaina~ CoLrts of Reo0r~LL.pefinition
(b) on creation of the initial municipal court of re-ord the
r governing body of the City shall determine he method of se~eot~on
of ;:he iudaes o_f th_e_ munin_iha court of record by one of the
f followina_methods:
s I
j 1. Adoption of an grdinancQ pxavidina for a12p
oP iudaes by the govern~ha bod,,,y►
! 2• r'i±tigp of an ordinance r~rovidinq for election o
i iudges by the auua ifia_d voters in the .itys or
y 3. The .Governing bod mad ca~~ an a rt
j on to
datarlin " he meth
} slualiPied -voters of the ~
r y ~n said election
shall vote on he question of eleatinq„
p~ n na the it~1
wided by -(l) Dr. 121
4Y-O
f Anv_elect ie;!n held pursuan- o h{s paraaranh must be held on he
First sucaeeding_uniPorm p~lection date tQr which su P~4~en 1ms
elagsesor the holding oP an_etanr+~„,
1 '
amendmor
i ~
ty
Jp
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II
r .4l.e la+µY1. 1
H
rwy.
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I►OENDA FOR MEETINQ
MUNICIpAt COURT OF RECORD
M. 10,00 a.m., Monday, November 19, 1990
r~
d;
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r `Consider special court of rouord bill
~consider bill amending generic court of record statute
!
l 3. Consider meeting with County Court-at-Law Judges
R 4. Consider writing Frank 8turzlr Texas Municipal League, asking.
for cooperation in working on both bills
5. Consider hiring lobbyist
6. Consider schedule for meetings with senator Glasgow and d
Representative Born
Waft
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PROPOSFD LEGISLATION
'ION'S MUNICIPAL COURT OF RECORD `
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SUBCHAPTER _ DENTON
Application
of Denton.
This subchapter applies to the City
I
(Saurcer Addison Law, V.T.C.A. Government Code §30.652 (Vernon OR))
Creation
ordinance create a
(a) The governing body of the city may by
on of
the forordi of
municipal court of record if it e a more determines that efficient dispositi
the court is necessary to providoverning body may by
in the city. The g
t oases arising
establish as many as are
dspumber the casesi and establishing may its of record give each that are
determine the
require to the courts shall i needed. The ordinance with "Municipal Cou1" No.
court a numerical designation, beginning i
L
(b) A munipthat are record record inotherc~ity- with
municipal courts sit at any
(c) A. n transaction of busin8 saOfnthe court and may
time for the
(Source; Addison Law, V.T.C.A. Government Code §30.653 (Vernon 1988)] `
'sa
3urisdiotion
all
(a) A court record created under this
s
the PterritoriallimitsOf the City in all
has jurisdiction under the ordinances of the city.
criminal cases arising
jurisdiction with a justice of the
fib) The court has concurrent is located in criminal
peace in any precinct in which the city
cases within the justice ~herterritorialjurisdiction
lim3.tstof the cityt and
~l) arise within
b fine not to exceed $200.
(2) are punishable only by
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5
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(c) The court has juriediction over cases arising outside the
Revised Statutes. authorized by
territorial ilmits of
Article t city under
9
subdivision 19i
(Judge White's wording taken from Vernon's Ann. C.C.P. Art. 4,141
(d) The court has jurisdiction over the forfeiture of bail
bonds.
(Source. Addison Law, CA, Government 654 (Vernon 1988)
Also see General Law §30.486
Writ Power
The judge of a municipal court of record created under this
subchapter may grant writs of mandamus, injunction, attachment, and
other writs necessary to the enforcement of the jurisdiction of the
court and may issue writs of habeas corpus in cases in which the
offense charged is within the jurisdiction of the court.
[Source: Arlington Law, Y.T.C.A. Government Code §30.425 (Vernon 1988)]
5 Judge
i+ (a) A municipal court of record is presided over by a judge,
who shall be known as the "Municipal Judge".
{
(Source. Arlington Law, Y.T.C.A. Government Code §30.424 (d) (Vernon 1988))
IL',
The municipal judge must be a licensed attorney, in good
standing) in this state. The judge must be a citizen of the United
} States and of this state, but need not be a resident of the City. r
The municipal }udge shall devote full time to the duties of that
office as required. -
[Source: Judge White's Present Contract With the City]
i The municipal judge shall be allowed to devote no more than ten
(10) hours weekly to teaching, consulting or other non-judicial
4 business of the city, in conformity with the Texas Code of Judicial
Conduct.
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[Source: The sentence listed below Is In almost all of the court of record laws except it omits the
wording shall be appointed or elected for a term not less than 2 nor more than 4 years.")
(b) The governing body of the city shall appoint a municipal
judge for a term of four (4) years.
[Source: Amarillo Law, V.T.C.A. Government Code §30,524 (r) (d) (Vernon 1988)]
(c) If more than one municipal court of record is created,
judges of each municipal court of record may at any time exchange
benches and sit and act for each other in any pending case, matter,
or proceeding.
[Source: General 14w, V.P.C.A. Government Code §30,486 (h) (Vernon 1988))
(d) A municipal judge is entitled to receive a salary and
other benefits set by the governing body of the city. The judges
M salary may not be diminished during the term of office. The salary
may not be based directly or indirectly on fines, fees, or other
j costs that the municipal judge is required by law to collect during
F'< a term of office.
I
[Source: General Law, V.TC.A. Government Code §30.487 (Vernon 19R8)]
i
f § Vacancies; Temporary Replacements Removal
(
(a) if a vacancy occurs in the office of municipal judge, the
governing body of the city shall appoint a qualified person to fill
4 the office for the remainder of the unexpired term, i
4 )
(b) The governing body of the city may appoint persons as
relief municipal judges, who shall be knL,.sn as "Assistant
Municipal Judges. " [§6,03 (d) of the Denton City Charter refers to Assistant Municipal
Judges--§30.487 refers to the Assistant Judges as Relief Judges] An assistant judge
All must meet the qualifications proscribed for the municipal judge.
The governing body shall set the compensation of the assistant
3 judges. The municipal judge may assign an assistant judge to act
4 for a municipal judge who is temporarily unable to act for any
reason. An assistant judge has all the powers and duties of the
office while so acting.
(o) A municipal judge or assistant p municipal
judge may be ~
removed from office in the manner prescribed for removal of a
county court at law judge.
Page 3
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[Source: Present Procedure Followed by City]
§ Clark; Other Personnel
i` (a) The city manager, with consent of the Municipal Judge,
shall appoint a clerk of the municipal court of record, who shall
be known as the "Municipal Court Clerk".
(Source: Addison Law, VT.C.A. Government Cade §30.657 (Vernon 1988)]
(b) The clerk or the clerk's deputies shall keep the records of
the municipal courts of record, issue process, and generally
perform the duties for the court that a clerk of the county court
exercising criminal jurisdiction is required by law to perform for
that court.
x (Source: Midland Law, VTC.A. Government Code ,530.235 (b)(c) (Vernon 1988)
General Law, V r.C.A. Government Code §30.488 (c)]
f K (o) The governing body,.shall provide deputy clerks, warrant a
4 officers and other personnel, including at least one bailiff for
` each court, as needed for the proper operation of the court.
(d) The clerk and other court personnel shall perform they
( duties under the direction and control oi' the municipal judge. i
k'
[Source: Amarillo Law, VT.C.A. C?overnment Code §30.526 (Vernon 1988)]
y § Court Facilities
The governing body of the city shall provide courtrooms, jury
rooms, offices, office furniture, libraries, legal books and
materials, and other supplies and facilities that the governing
body determines are necessary for the propee operation of the
i
municipal court of record.
.
S
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(Source: Arlington Law, V.T,CA. Government Code §30,426 o(a) (Vernon r italicized phrase]
General Law, V,T,C.A. Government Code §30.489 (a) except f p
§ , court Reporter
(a) The governing body shall provide for an official court
reporter for the purpose of preserving a l court
iclerk, with itle
before the ,nunicipal court of record. ( municpa
consent of the municipal fudge,] shall appoint the court reporters who must
have the qualifications required by general law for official court
reporters. The governing body of the city shall compensation of the court reporter.
[Source, Addison Law, MT,C.A. Government Code §30.658 (b)(c)(d) (Yernon 1988)
General Law, V.T,CA, Government Code §30.489 (b)1
(b) The court reporter may use written notes, transcribing
y equipment, audio recording equipment, or a combination of these
methods to prepare a transcript of the proceedings of the court.
r (c) The court reporter shall certify the official record.
]Source: General Law, V.T.C.A. Government Cate §30.489(c) (Vernon 1988)
i
(d) The court reporter is not required to recordrequeststestaimonrecyrdin.
a trial unless
o=, (Source: General Law) Y,T.Cr1, Government Cale §30.490 Nernon 1988)1
i
Prosecutions by City Attorney
` r
k All prosecutions in the municipal court of record must be
conducted by the city attorney or an assistant or deputy city
attorney.
(Source: Amarillo Law, Y.T.CA. Government Code §30.530 (Vernon 1988)].
Complaintr Pleading
(a) A proceeding in a municipal court of record commences with j
the filing of a complaint. A complaint must begin "in the name and tate of
must
" and
conclude by authority nitthofsthe State•"a it may also conclude "contrarytto
peace and dig y
said ordinance."
!4 page 8
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(b) Complaints must comply with Article 45.17, Code of Criminal
Procedure.
(c) Pleadings must be in writing and filed with the municipal
cc ~.rt clerk.
[Source: Amarillo Law, V.T.CA, Government Code §30.528 (Vernon 1988) except that, because
the city's present seal's imprint has the word "!n" instead of "of , this wore! has been substituted.]
seal
Y The seal of the municipal court of record muut include a star
of five points in the center and the words "Municipal Court in
Denton, Texas." The impression of the seal must be attached to all
papers, except subpoenas, issued out of the court and shall be usAd
by each municipal judge, assistant municipal judge or the municipal
court clerk to authenticate official acts of the municipal court
cleric, municipal judge or an assistant municipal judge.
r ti
F,
!Source: Amarillo Law, YX.C.A, Government Code §30.531 (Yernon 1988) 1(a) General Law,
Y„ CA. Government Code §30.40 (Vernon 1983))
E ~ Jury
(a) A person brought before the municipal court and charged
with an offense is entitled to be tried by a jury of six persons,
unless that rig'at is waived according to law.
(b) A -.ror for the municipal court must have the
qualifioatiins required of jurors by law and must be a registered
voter of ;;he city.
o) A juror is ~entitlsd to receive the compensation for each
' day ,Onr, each fraction of a day in attendance on a municipal court
of record jury ag provided by Chapter 61.
k
[Source, Judge Sandra White (Restatement of General Law, V.T.C.A. Government Code §30.492 ±
~ (3) and 3 (c) (Vernon 1988))
R
(d) The municipal court clerk shall be the official in charge
of establishing a fair, impartial an6 objedtive juror selection s
' process.
v:
Page 6
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(Source. AmarMto Law, V T.C. Oovernmenl Code §30.532 (Vernon 1988))
r? Court Rules
(a) Except as modified by this subohapter, the Code of Criminal
Procedure as applied to county courts at law governs the trial of
cases before municipal courts of record.
(b) Bonds must be payable to the state for the use and benefit
of the city. The court may not assess court costs other than
warrant fees, capias fees, and other fees as authorized for
municipal courts,
' (c) A peace officer may serve a process issued by a municipal
j court of record.
(d) On conviction, judgment and sentence are in the name of the
state, and the state recovers from the defendant the fine and fees
for the use and benefit of the city. The court may require that
f: the defendant remain in the custody of the chief of police until
the fines and costs are paid and shall order that execution issue
to collect the fines and penalties.
(e) Fines, fees, costs, and bonds shall be paid to the
municipal court clerk, who shall deposit them in the city general
fund.
s
]Source. Addison Law, VT.C.A. Government Code §30.663 (Vernon 1988)]
Appeal
(a) A defendant has the right of appeal from a judgment of
conviction in a municipal court of record as provided by this
subohapter. The state has no right to an appeal or to a new trial.
The County Courts at Law of Denton County have jurisdiction of
appeals from the municipal court of record.
(b) To perfect an appeal, the defendant must file a motion for t
new trial not later than the Jfth day after the date on which the
judgment and sentence are rendered. The motion must be in writing
and must be filed with the clerk of the municipal court of record, {
The motion constitutes the assignments of error on appeal. A
ground or error not set forth in the motion is waived.
v After an
shall order overruling otice motion of appeal new trial, the
give written n and pay the
transcript preparation fee not later than the loth day after the
is data on which the motion is overruled. The governing body shall
Page 7
~ 1
of to exceed f$150A0
r b preparation fee on the docket of the
of the fee the too Shall be
reasonable transcript
a ent o
The n appeal,
he note t is payment
Set a olerX shall
If Case
court* to the defendant ernon 1988)1
We
refunded 30.493
al Law, V.T CA' Government Curie § deputies shall
f5ourcer Genet assistants °°f record.
torney or his from the municipal courts
The city at
(d) all appeals 1988)) Genera! prosecute 0 664 (Vernon
Government Code Syron 1988) excePI that It
v.r.c A
+ [Sour": Addison 1.4w) overnment Code §.!0.494 bond (V of $50)
V•T'C,4. requires an appeal
1,aw, f
eal not
Sal Bondi Record on App defendant may the
App bond wiCh
g.--- not in austody~ Capped! the court
on
if the defend the defendant Emust an appraVed tithe data
(a) until nd 14th lEfter fendant he
} an appall ecord• The DO the day the the de
Cake court of r ter than overruled. ail unless
~ R
municipal Filed not la trial is it" to
ust be naW shall be commit"
which the motion defendant I.
in Cuet5dY, the Sal bond . of $1601$50( eneral ith
osts the app be in the amountadjudged mains o he the
deEendan p and must
and costs dyable to d
(b) The appeal b of fines The bond musC be be oondiin the
the amount reater• city and must
or double whichever of tns srsonal appearance
i
for the use and benefit daily p
det endanb,
to a defendant's appeal is and taken$
on the
ornon 1988))
court to which the appeal y,.
l
Government Cody §30.495 t and, if
x.c
[Source, General Law, V. a transarip reporter
consists Of The court
on appeal facts. or mechaglta]1
statement of record
record a reporter's defends that the
(c) The to appeal, from the The finds
necessary prepare the record of the proceed It the 00" the record on
shall prep a rscordingG tion• Acurity by
the for or videotape of the trans°orp give g to i0fi~reithe
for ecord
`a pay their unable to pay response fs reversed t,
hearing iii the reporter to p
dsEendanb order the cage defendant.
fter hall
appeal a to the
the cost
the defendant, ly refund
defsndant, the court a
without charge to the prompt
appeal, the court
i
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[Source; Addison Law, V,TC.A. Government Code §30.665 (Vernon 1988)]
r~ Transcript
(a) The clerk of the municipal court of record shall prepare
under his hand and the seal of the court a transcript of the
proceedings in the municipal court of record after payment of the
transcript preparation fee under Section The clerk
shall prepare the transcript under written nsations from the
gi defendant or the defendant's attorney. Unless otherwise agreed by
the parties in writing, the transcript must include a copy oft
(1) the complaints
(2) court orders on any motions or exceptions;
(3) the Judgments
(4) the verdict of the jury;
1
(B) any findings of fact or conclusions of law made by the
courts
(6) the motion for new trial and the order of the court on
I the motiont
(7) the notice of appeals
(8) any statement of the parties regarding material to be
included in the records
(9) the appeal bonds a
(10) any statement of facts; and
(11) any signed paper designated as material by either
party.
(b) The defendant or the defendantts attorney shall file a copy
of the written instructions with the clerk and shall deliver a copy
to the city attorney,
(o) The city attorney shall file a written direction to the
clerk if additional portions of the trial proceedings in the
transcript are to be included,
Page 9
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(Source. Addison Law) V,T,Cr1, Government Code §30.666 ()ernon 1988)1
statement of Facts tion of the
transor
The ip court reporter
(a) The statement of fabillcts consists tlon, request of the court or
lion. of witnesses and s of exoep writing if
testimony shall prepare a statement of factenoat tl tify all parties in arty with a
of any party and shall immed ortery shall provide each p
a request clerk is made. The rep to the
copy of the statemnt and shall file i copy hall be in narrative
1 court of record frene mmari~ ln ate transmissof narrative
appellate to the use
objection notice of the
appellat ate court clerk-
ivss written fter receiving
form noises a party y g g
form not later than the fifth day
~i request for a statement of facts.
nr ions of facts
The court reporter shall emit from the statement bridge
(b) reparte on of the
matters that are motion for.inew trial The decision or the quest
not Oss(
orti
n. omitting or abbreviating a formal p
presented any documen in t t shall exvluds formal parts of exhibits and more than
document of any document.
one capl rove the statemnt of feats
an
e does not need to app
(a) The Judg the defendant or the defendant's attorney
if it is agreed to by attorney.
the city attorney or assistant city other than the
aration facts of ids for mthe
(d) The party requeetinc, a statfprep
state or city, shall pay tihe cost of of feats. The defendant recovers the corns he Pa
of facts if the case is overturned or dismissed nn 1
statement
appeal. attorney and the aitY
attorney mayy agree on a brhe appellate
(e) The as i t nt Oily the defentrialsforuse by
attorney or faot# proven at t instead
of the case and the
'A That statement moat be included in the trahscrip
r court.
proceedings at trial.
1988)1
3 (Sna+re1 Addison Law, V,T,Crt. Government Code §30.667 (Vernon
t Transfer of izsaordt Fes nd the the parties must file the qcurt pOf arecord nottiater then the
with the clerk of the municipal t preparation fee Was
court
60th day after k ghallepromptly Forward them to thepapp
paid. The clerk
`y+ clerk.
page 10
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(Source: Addison Law, Y,T,C.A, Government Code §30,668 (Yernon 1988))
§ Brief on Appeal
(a) A party must file a brief on appeal with the appellate
court clerk not later than the 10th day after the date on which the
r; transcript and statement a copy of the brief to the opposing
~ filing each party shall
counsel.
Because of the crowded conditions of the docketst the
(b)
record and briefs on appeal shall be limited as far as possible to
the questions relied on for reversal.
(Source: Addison l,pw, Y.T,Cri, Government Code §30.660 (Vernon 1988)]
~ Procedure; Disposition on }appeal r
s (a) The appellate court shall hear appeals from the municipal
court of record at the earliest possible time with due regard to
the rights of the parties and the proper administration of justice.
The submthe case on determine the the rules for oral argument.
record and briefs with out oralhargument.
%WO may submit ,
l 1
(b) According to the law and the nature of the case, the
appellate court mays s
(1) affirm the judgment of the municipal court of recordt f
(2) reverse and remand for a new trial;
(3) reverse and dismiss the casel or j
(4) reform and correct the judgment, '
(c) Unless the matter was made an issue in the trial court or
it offiirmatively appears to the contrary from the transcript or the f
statement of facts, the appellate court shall presume thatt
1) venue was proven in the trial courts 6
if any, was properly impaneled and sworn;
(2) the jury,
(3) the defendant was arraigned and pleaded to the
complaint; and
a
(4) the municipal judge certified the charge and the clerk k
filed the rharge before it was read to the jury.
tJ
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(d) In each case decided by the appellate court, the court
shall deliver a written opinion or order either sustaining or
overruling each assignment of error presented. The court does not
need to give a reason for overruling an assignment of error, but it
i1 may cite the oases on which it.. volied. If an assignment of error
is sustained, the court shalt :tilt forth the reasons for the
decision, The appellate court clerk ^hall mail copies of the
decision to the parties and to the municipal judge as soon as the
decision is rendered.
(Source: Addison Law, V.F.C.A. Government Code §30,610 (Vernon 1988)
General Law, V.rX.A. Government Code §30,503 (Vernon 1988)]
Certificate of Appellate Proceedings
when the judgment of the appellate court becomes final, the
Clerk of that court shall certify the proceedings and the judgment
r and shall mail the certificate to the Clerk of the municipal court
of record. When the clerk of the municipal court of record f
receives the record, the clerk shall file the record with the
papers in the case and note the filing on the docket of the j
municipal court of record. If the municipal court of record a,
judgment is affirmed, further action to enforce the judgment is not 9
necessary except to:
(1) forfeit the bond of the defendants
(2) issue a writ of capias for the defendant; or {
(3) issue an execution against the defendant's property.
ti
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(Source; Addison Law, VITA, Government Code §30,611 (Vernon 1988)
General Law, UTICA. Government Code §30,504 (Vernon 1988)]
_ Effect of Order of New Trial
if the appellate court awards a new trial to the defendant; the
case stands as if a new trial had been granted by the municipal
court of record. '
r
1 wet `
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VST,CAS Government Code §30,672 (Vernon 1988)) }
(Source: Addison Law,
Appeal to the court of Appeals
decision the
An appeal of the appellate court lure, except that
appeals is governed by the Code of Criminal Procedure, n the the transcript, briefs, and statement of fact anfiled lent of
appellate court constitute the transcreiapts, briefs, unless an rules of the
the
court of
facts on appal to the
court of criminal app
,
lrJ ~5
111,EEE.
44
y
otrotNovertW~ 15, 1990 n`
b
w► S
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4. Page 13f
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f .l7vrdava`SK'hA'~? i~fl%+h~lM~~t 1
l l k0 0`. n•b]4L1n /':p n
l5y 5A f '.iL: \'1 alf lr ..l.l ..li i.,.
;y"
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7
,f
GENERAL LAW FOR
f' MUNICIPAL COURrs OF RECORD
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SUBCHAPTER P. GENERAL LAW
OF RECORD R MUNICIPAL
COURTS §30,481. Application of Subchapter
This subchapter does not apply to the cities of Lubbock,
Dallas El Paso, Fort Worth ouston Longview~
aa,ineSan Ied by another subc aptand er Wichita
F this
Falls or to any other city covered chapter.
§30,482. Creation of Municipal Courts of Record;
Definition
I (a) The governin body of a city may establish its municipal
to the videataonmore
{ courts as ipof record is necessary if
municipal courts
efficient disposition of appeals from the municipal court.
' (b) On creation of the initial municipal courts of record, t
the governing body of the city shall (either3 call an eloc tion
v;
Co determine the method of selection of the judges
{ municipal courts of record.[, or the governing body may elect 3
muni._ ude judge at record,
to appoiat a municipal
f if the oily has a poli under cont Flb municipal courts of record are oreatad.] (If an elect; n is The held Co devot rus
e fethet pit °fshallavote on tthej question of
qualified vote the Sudges of the muuicipal courts of must
electing or appointing
be ho uniform electionedatenfor which sufficientttimefelapsescfordthe
un ~ . holding of an election,
(c) In this subchapter, "city" means an incorporated
~
municipality,
1304483. Creation of Additional Municipal Courts of Record
The governing body of the city may by ordinance create
f, additional municipal courts of rer.ord if additional courts are
necessary to dispose properly of the cases arising in the city,
The ordinance must enumerate the number of additional courts
v~ that are necessary,
i,
§30.4$4. Abolition of Court
If the governing body of the city finds after the establish-
1 x
k ment of an additional municipal court of record that the condi- 14
tion of the dockets of the other courts of the county does 4
k
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e
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not require the existence of the court to dispose properlq of
the cases arising in the city, the govorning body shall by
ordinance declare the office of the municipal Judge vacant at
the and of the term for which the judge was last selected. Any
cases then pending shall be transferred to a court with proper
jurisdiction of the offense.
00.485. Jurisdiction
(a) A municipal court of record has the jurisdiction
provided by general law for municipal courts.
(b) The court has jurisdiction ofisioncr19, iminal cases earising
under ordi;aances authorized by 1175,
Revised Statutes.
§ 30.486. Judge
i (a) A municipal court of record is presided over by one or
more municipal judges.
{ (b) The governing body of the city shall provide by charter
or by ordinance for the term of office of its municipal Judges.
1 The term must be for a definite term of not lass than two nor
more than four years, the duration of which within these limits
shall be determined by charter, ordinance, or the method
described by Article XI, Section 11, of the Texas Constitution.
to A municipal Judge may continue in office after the end of the
judge's term for not more than 90 days or until his successor is
selecteo and qualified, whichever occurs first.
(c) The judge shall take ,}udiaial notice of the ordinanows
of the city and of the terr~itoriai limits of the city. Tho
Judge may grant writs of mandamus attachment, and other writs
necessary to the enforcement of to Jurisdiction of the bout;t
charged isi within theBjurisdiction ofathesc urtwhich the
offensand may issue
(d) If there is more than one municipal judge in the city,
the governing body of the city shall appoint one of the judges ,
as the presiding municipal Judge.
(e) The presiding municipal judge shall%
(1) maintain a central docket for cases filed within the
territorial limits of hhe city over which the courts have
jurisdiction; j
(2) provide for the distribution of cases from the
central docket to the individual municipal judges to ti
r equalize the distribution of business in the courts; a
page 2
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(3) call the Jury docket and request ~.he jurors needed
for cass~s that are set for trial by ,jury; and
(4) temporarily assign judges or relief judges to act
for each other in a proceeding pending in a court if
necessary for the expeditious disposition of business in the
courts,
(f) The municipal judges or relief judges may act for each
other in any proceeding pending in the courts. An act performed
by any of the judges is binding on all parties to the proceeding.
(g) A municipal judge must bo a licensed attorney in good
standing or a judge who has served the previous five years on a
municipal court bench in Texas, except that a municipality of
less than 10,000 in population may appoint a person municipal
judge who is not a licensed attorney. A person may not serve as
a municipal judge while the person holds other office or
employment with the city government,
(h) A municipal judge is entitled to a salary from the city,
the amount of which is determined by the governing body of the
t city and may not be diminished during the judge's term of
office, The salary may not be based directly or indirectly on
fines, fees, or costs that the judge is required by law to
i ( collect during the term of office. The governing body shall set
the salary of an appointed judge before his appointment, and
shall set the salary of an elected judge no later than two weeks
l-,-fore the election filing deadline.
00.487. Vacancies: Temporary Replacement; Removal
(a) if a vacancy occurs in the office of C
R court of record, the governing body of the city bhalljappoint
tK qualified person to fill the office for the remainder of the
unexpired term.
!b) The governing body of the city may appoint persons as
relfof municipal judges. A relief judge must meet the
qualifications prescribed for the regular jud e, The governing
body shall set the compensation of the relief judges, The
presiding municipal judge may assign a relief judge to act for a
municipal judge who is temporarily unable to act for any
y reason. A relief judge has all the powers and duties of the
office while so acting.
(o) A municipal judge may be removed in the manner
h prescribed for removal of a county court at law judge.
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§30.488. Clerk; other Personnel
1
(a) The governing body of the city [or the city manager,
with consent of the municipal judge], shall appoint a clerk of
the municipal courts of record, who shall be known as the muni-
cipal clerk. The municipal clerk serves at the pleasure of the
governing body [or city manager]. The clerk shall perform as
applicable, the duties prescribed by law for the county cleat of
a county court at law and any other duty necessary to issue pro-
cess and conduct business of the court, The clerk may administer
oaths and affidavits and make certificates and affix the court's
seal to those certificates. In addition, the clerk shall;
(1) maintain central docket records for all cases filed
in the municipal courts of record;
(2) keep permanently all public records of the courts
and make them available for inspection at all reasonable
times by any interested party;
r (3) maintain an index of all court judgments in the same
manner as county clerks are required by law to prepare for
criminal cases arising in county courts; and
j (4) if necessary for the proper functioning of the
4 municipal courts of record, provide for the preservation of
records by electronic means or by microfilming.
(b) With the consent of the r
manager) of the city, the clerk may appointing a borymorerdeputy
clerks to act for the clerk.
' (c) The governing body of the city shall provide the courts
with other municipal court personnel that the governing body
determines necessary for the proper operation of the courts,
Those persons shall perform their duties under the direction end
control of the clerk or the municipal judge to whom assigned.
governing body shall determine the salaries of the court
personnel,
§30.480. Court Reporter j
(a) To preserve a record in rases tried before a municipal
court of record, the governing body of the city shall
official court report. The reporter shall be compensated Vbyethe
city in the manner determined by the governing body of the city,
s (b) The court reporter may use written dotes, transcribing I
equipment, recording equipment, or a combination of those 1
k methods to record the proceedings of the court,
(c) The court re orter is not required to record testimony `
in a trial unless the judge or one of the parties requests a
record.
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§30.490. Prosecutions by City Attorney
All prosecutions in municipal courts of record must be
conducted by the city attorney or an assistant or deputy city
attorney,
§30,491. Filing of Original Papers
r (a) The municipal clerk shall file the original complaint
and the original of other papers in each case under the
s direction of the presiding municipal judge, The filed original
t' papers eonstiCut8 the records of the courts and a separate
record book is not required.
(b) The clerk shall keep a separate folder for each case and
i shall note on the outside of the folder;
1 the style of the case;
2 the nAture of the charged offense;
3 Che dates that the warrant was issued and returned;
4 the date the examination or trial was held;
5 whether trial was held by fury or before a judge;
I 6 trial seCtings;
7 any verdict of the jury;
~s 8 any judgment of the court;
9 any motion fora new trial and the decision on the
motion;
{10) whether an appeal was taken; and
11 the date and the manner in which the judgment and
sentence were enforced.
~t
130.492. Jury
(a) Each person charged with an offense is entitled to a
trial by a jury of six persons unless the right is waived
according to law.
(b) A majority of the municipal judges may adopt a plan for
` r the selection of persons for jury service from the voter s
registration rolls of the counties in which the city if
located. A plan adopted by the municipal courts is binding on
each court and musts
(1) require the compilation of jurors from the voter
registration lints of all voting precincts within the city
and the registry of permanently exempt persons residing in
the city maintained by the county tax collector as
prescribed by Section 62.106;
(2) require selection of jurors who are eligible to vote
in the city and have the qualifications prescribed by 5
r Subchapter Bj Chapter 62; and 8
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(3) require the courts to establish a fair, impartial,
and objective method of selecting persons for jury service.
(c) The municipal cleric shall be the official in charge of
the selection process.
(d) Each juror is subject to the laws governing exemptions
and excuses from jury service in other courts,
§30,493. Appeal
(a) A defendant has the right of appeal from a judgment or
conviction in a municipal court of record. The county courts at
law in the county in which the city is located have jurisdiction
of appeals from a municipal court of record. If there is no
county court at law in the county, the count court has
jurisdiction of an appeal. The city attorney ne o from the assistants
o deputies shall prosecute all appeals municipal
courts of record,
(b) The appellate court shall determine each appeal from a
f municipal court of record conviction on the basis of the errors
that ere set forth in the defendant's motion for new trial and
that are presented in the transcript and statement of facts
pripared from the proceedings leading to the conviction.
a1?,,eul from the municipal court of record may not be by trial do
nc vo .
w
4 (c) To perfect an appeal, the defendant must file a written
t ' motion for new trial not later than the 10th day after the date
on which judgment is rendered. The motion must set forth the
points of error of which the defendant complains. The motion or r
an amended motion may be amended by leave of court at any time,
before action on the motion is taken, but not later than the
! 20th day after the date on which the original or amended motion
is filed. The court may for good cause extend the time for
filing or amending, but the extension may not exceed 90 days
from the original filing deadline. If the court does not act on
the motion before the expiration of the 30 days allowed for
determination of the motion, the original or amended motion is
overruled by operation of law,
t (d) To perfect an appeal, the defendant must also give
notice of the appeal, If the defendant requests a hearing on
the motion for new trial, the defendant may give the notice of
a peal orall in open court on the overruling of the motion. If
there is no hearing, the defendant must give a written notice of
appeal and must file the notice with th, court not later than
the 10th day after the data on which uhs motion is overruled.
The court may for good cause extend that time period, but the
extension may not exceed 90 days from the original filing
deadline.)
j Page 6
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de ferydant
veal Bond
ppeal bond with
§30.494. APnot in custodn a may
files s a A Pay by the
If the def o it the def~gabond must 10th pd ay afti f the
(a) an appeoal cf
urt recordo than is the over .
not Later COmmitted to
take
1 the muand pal er cbe filed n0 for new trial shall eul
court motion Chen gal borid•
data on which inh custody+ vets app 50 or drub hg
i defandanC is defendant Pet be in the amouot f d against t
and It
ail I
Th the
unless the adl eel bond m8e and co a bond rouudge st eters BaledChat
aPP and daily
fin . and
hissediate
(b) The apopf is greater ~
/
Gaken•
amount in the case sal is
the dant) whichever the app
deferi convicte defendant s
'od which
defendant Coainditioce in Ghe the court to
be earan if
personal app and,
495. Record of APPeal tranecriPt cou t 1
record
§30. consists ° a f facts $ ~ Thecor
Appeal Statement s
he
The record the appeal the record fro of hthesppYOC tiion 8s•If tThe
to p re th dings Grip curitY
necessary shall videotape ra°cost of the tra eY or give s e to an
reporter or for Gha unable to pin responszeporter
Mechanical shalltPI. a defandaafter to a hearin?I. order the if the
defendinds the af court tohthe defendant-
a Peal refund the
wy oour eha reco ohs defendant, thehargg promptly
court shall affidavit by L~uthe ,
A rapers the recora pPea
the
h case is roe on
the defendant.
cost to
Transcript defsnd or under
§30.496• of the shall prepare record
lest
lerv ioipal COurt o
y the written rmunicitpal °
(a) On attorney` thscript ° include cop es of.
defendant and seal a tr cxiPt must
his hand The trans the court'$
proceedirigs•
{ l the compldoolkee antr~axdicCein a jury trial-)
2 materuay c i
harge and
x 3 the 9 eat; new trial;
4 the cao jon for
5 of appeal;
the
and the °filed with the court; and
s.
writtenio° ere
ten 9 a ytbil sal bond exception
t
transcriP additi£rom
the app in the court prepared
(LO include in the
may
(b) The of Pro ceadinfn8
s, '
ti portions Of videotape racor
mechanical or Page 7
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00.494. Appeal Bond
(a) If the defendant is not in custody, the defendant may
not take an appeal until the defendant files an appeal bond with
the municipal court of record. The bond must be approved by the
court and must be filed not later than the 10th day after the
date on which the motion for new trial is overruled. If the
defendant is in custody, the defendant shall be committed to
jail unless the defendant poste the appeal bond.
(b) The appeal bond must be in the amount of $50 or double
the amount of the fines and coats adjudged against the
r; defendant, whichever is greater. The bond must state that the
defendant was convicted in the case and has appealed, and it
must be conditioned on the defendant's immediate and daily
k; personal appearance in the court to which the appeal is taken.
00.495. Record of Appeal
The record on appeal consists of a transcript and, if
necessary to the appeal, a statement of facts. The court
reporter shall prepare the record from the reporter's record or j
mechanical or videotape recordings of the proceedings. Tho
defendant shall pay for the cost of the transcription. If the
too*,, court finds that the defendant is unable to pay or give security
for the record on appeal after a hearing in response to an
affidavit by the defendant, the court shall order the repporter
to prepare the record without charge to the defendant. Tf the
case is reversed on appeal, the court shall promptly refund the
cost to the defendant.
§30.496. Transcript
(a) On the written request of the defendant or the
E'. defendant's attorney, the municipal clerk shall prepare under
his hand and seal a transcript of the municipal court of record
proceedings. The transcript must include copies of;
F; III the complaint;
2 material docket entriee made by the court; {
3 the ury charge and verdict in a jury trial;
4 the m
ent; 5 the lud
ot on for new trial;
6 the notice of appeal;
7 written motions and pleas;
d written orders of the court; f
9 any bills of exception filed with the court; and
(10 the appeal bond. }
(b) The clerk may include in the transcript additional
portions of the proceedings in the court prepared from
mechanical or videotape reoordings.
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§30.497. Hills of Exception
ma include bills of exception in the
Either party y
transcript subject to thebip~e iofb exceptions must betfiled d with
Criminal Procedure. The 11 after the date
the municipal clerk not later thaivsn oriled~y
on which the notice of appeal is g
530,498, Statement of pacts eel must
of facts included in the record on app
A statement
contains
(1) a transcript of all or part of e notesc of 1 then court
record proceedings that are shown by the after the trial, if
reporter to have occurred before, during or
the transcript is requested by the defendant;
the case rover at
prosecuting attorney;
s, (2) a brief statem
defendant fand the of
the ent
trial as agreed to by 1
a atrial transcript and the agreed statement of the
facts of the case; or l or par (4) a trarBPin°the lcase thatt isofptaperethe sfrom lme hanical
4 record Proceeding
or videotape recrdings of the proceedings.
§30.499. Completion, Approval, and Transfer of Record „
(g) Not later than the 60th day after the date on which the
the parties must file with
E
notice of appeal if given or filed,
the municipal clerk:
(1) the statement of facts;
(2) a written description of material to be included in
the transcript in addition to the required material; and
(3) any material to be included in the transcript that
is not in the custody of the clerk$
the municipal Judge shall fi
(b) On completion of the record,
vided for re
approve the record in the manner the peourt of appeal cord completion,
approval, and notification the clerk shale
all
{o) After the court approves the record,
prompt y send it to the a pellate oouret~a8 e d fendanfin, tliand the
appellate court clerk shall notify
prosecuting attorney that the record has been filed ,aF
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§30.500. Brief on Appeal
(a) A defendant's brief on appeal from a municipal courC of
record must present paints of error in the manner required by
law for a brief on appeal to the court of appeals.
(b) The defendant must file the brief with the appellate
court clerk not later than the 15th day after the date an which
the transcript and statement of facts are filed with that
clerk. Ths defendant or the defendant's attorney moat certify
Chat the brief has been properly mailed to the prosecuting
attorney.
(c) The prosecuting attorney must file the appellee's brief
t with the appellate court clerk not later than the 15th day after
the date on which the defendant's brief is filed.
E ~ (d) On filing, each party shall deliver a copy of the brief
~ ~ to the opposing party and to Che municipa~.,judge.
~ §30.501. Court Rules
S y
(e) Exoept as modified by this subchapter, the Code of
Criminal Procedure governs the. trial of cease before the
F municipal oourts of record. 't'he courts may. make and enforce ell
~ ~ ~ rules of practice and procedure necessary to expeditie the trial
# of cases before the courts that are not inconsistent with
) general law.
(b) The appellate courts may make and enforce all rules of
practice and procedure that are not inconsistent with general
law and that are necessary to expedite the dispatch of appeals
from the municipal courts of record.
a §30.502. Disposition on Appeal
(a) According to law and the nature of the case, the
appellate court may,
l affirm the judgment of the municipal court of record;
2 reverse and remand for anew trial;
3 reverse and dismiss the case; or
4 reform and correot the ,judgment. •
(b) Unless the matter was made an issue in the trial court
or it affirmatively app~~ra to the contrary from the transcript
or the statement of facts, the appellate court shall presume
Chati
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(1) venue was proven in the trial court;
(2) the ,jury, if any, was properly impaneled and sworn;
(3) the defendant was arraigned and pleaded to the
complaint; and
(4) the municipal judge certified the charge before it
was read to the jury.
(c) In each case decided by the appellate court, the court
r shall deliver a written opinion or order either sustaining or
overruling each assignment of error presented. The court shall
set forth the reasons for its decision. The appellate court
clerk shall mail copies of the decision to the parties and to
the municipal judge as soon as the decision is rendered.
§30.503. Certificate of Appellate proceedings
j When the judgment of the appellate court becomes the
clerk of that court shall certify the proceedings 4'd the
-Sudgment and shall mail the certificate to the municipal clerk.
he municipal clerk shall file the certificate with the papers
in the case and note the certificate on the case docket. If the
municipal court of record judgment is affirmed, further action
: to enforce the judgment is not necessary except to: E
(1) forfeit the bond of the defendant;
(2) issue a writ of capias for the defendant; or
F (3) issue an execution against the defendant's property.
630.504. Effect of Order of New Trial
If the appellate court awards a now trial to the defendant,
the case stands as if a new trial had been granted by the
municipal court of record.
130.505. Appeals to Court of Appeals
v
The defendant has the right to appeal to the court of
appeals if the fine assessed against the defendant exceeds $100
and if the judgment if affirmed by the appellate court, The
provisions o the Code of Criminal Procedure relating to direct
appeals from a county or a district court to the court of
appeals apply to the appeal, except that;
(1) the record and briefs on appeal in the appellate
court constitute the record and briefs on appeal to the
court of appeals unless the rules of the court of criminal
"rwM✓ appeals provide otherwise; and s
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p (2) the record and briefs shall be filed directly with
the court of appeals.
%30.506. seal
The governing body of the city shall provide each municipal
court of record with a seal with a star of five points in the
center and the words "Municipal Court of [in) aTI
cour-c ez taand shall be
Texas." The impress of the seal of shall be a
papers except subpoenas issued out
used ty each municipal judge or the municipal clerk to
authenticate all official acts of the clerk and the judge.
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