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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-677,Version:1
AGENDA CAPTION
Receiveareport;holdadiscussion,andreceivedepartmentalpresentationsinpreparationfortheFY2017-18
Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
City of DentonPage 1 of 1Printed on 6/9/2017
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: June 13, 2017
SUBJECT
Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY
2017-18 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.
BACKGROUND
The purpose of this work session and additional work sessions during the months of June and July is to
have each City Department give a brief presentation to City Council. Each presentation will cover the
structure and staffing of the Department, functional areas and major responsibilities, goal and
accomplishments, performance measures, cost containment efforts and process improvement strategies.
These presentations are scheduled to be presented during the months of June and July prior to the City
Manage
for this meeting are from Police and Animal Services, Fire and Community Improvement, Environmental
Services, Municipal Court and the Municipal Judge. The Departmental presentations are attached to this
item.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 PowerPoint Presentation Police and Animal Services
Exhibit 3 PowerPoint Presentation Fire
Exhibit 4 PowerPoint Presentation Community Improvement
Exhibit 5 PowerPoint Presentation Environmental Services
Exhibit 6 PowerPoint Presentation Municipal Court and Judge
Respectfully submitted:
Chuck Springer, 940-349-8260
Director of Finance
1
Denton Police Department
Logo
Insert
(or delete)
Department
Denton City Council Department Presentation
2
18
-
176
66.57.23
249.73
Baseline
FY 2017
17
-
176
66.57.23
249.73
Budget*
Modified
FY 2016
16
-
59
164
7.23
230.23
Actuals
FY 2015
15
-
58
163
7.23
228.23
Actuals
FY 2014
Department
Sworn
Sworn
-
Police PoliceNonCrossing Guards
3
4
70
2518
Communications
72
N/A
73
3121
Communications
Criminal
Investigations
629
309
12
Traffic
Sworn Officers
67
8067
Patrol
VacanciesAcademyField Training
Denton Police DepartmentStaffing Needs
AllottedOpeningsLight DutyActual
5
17 Weeks
Field Training
officer patrol
-
Academy
18 Weeks
release to one
9 Weeks
Average 11 months from start of hiring to
Denton Police DepartmentStaffing Needs
Hiring Process
6
.
17
-
18
-
Completed Lobby renovationStabilized service delivery while working to fill staff openingsContinued to exceed 80% live release rate at the Linda McNatt Animal Adoption CenterConstruction
on the P.D. range is progressingFill open Telecommunicator positions and begin trainingHire Communications Manager Complete communications center remodelContinue firing range improvements
and CIB renovationImplement customer service enhancementsEnhance social media outreach and public information
1.2.3.4.Goals for 17 1.2.3.4.5.6.
Denton Police Dept.Goals and Accomplishments Accomplishments 2016
7
18
-
Average response time of priority 1 callsCitizen complaints, compliments and commendationsAnnual increase of social media followersResolved neighborhood complaintsReduction in Part 1
crime
1.2.3.4.5.
New Performance Measures for 17
Denton Police Dept.Performance Measures
8
savings
use of citizen volunteers
Reserve Officers
$88,000 annual savings $50,000 annual $108,000 annual savings$36,000 annual savings
Online reportingIncreased Police Public Safety Training Facility
1.2.3.4.
Denton Police Dept.Cost Containment Strategies
9
mprovement:
I
Look at ways of improving reporting procedures to keep officers in the fieldReduce the need to return to the police station to finish reports and download body cam videosCan this increase
officers visibility and add to citizen satisfaction?Can this reduce response times?
Denton Police Dept.Process Improvements Operations/Patrol Process
10
18
-
Baseline
FY 2017
City Cost
$545,348
27,958,119309,834213,400447,847105,862896,6972,048,9540 31,980,713
17
-
Budget
FY 2016
25,964,030302,339186,650301,604105,862845,5061,908,120242,000 29,856,111
$181,782
DISD Contribution
16
-
Actuals
FY 2015
24,067,413273,677215,323297,167108,825774,8061,583,816179,518 27,500,545
15
$727,130
-
Total Salary/Benefits
Actuals
FY 2014
23,233,215289,587189,948311,92891,849972,6221,542,7976,936 26,638,880
SROs
6 Officers
Total
Expenses
Denton Police Dept.Budget Highlights Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceFixed Assets
11
Questions?
12
AnimalServices
Logo
Insert
(or delete)
Department
Denton City Council Department Presentation
13
18
-
3
11
14
Baseline
FY 2017
17
-
3
11
14
Budget
FY 2016
16
-
2
11
13
Actuals
FY 2015
15
-
2
11
13
Actuals
FY 2014
Animal Services AdministrativeOperations
14
17
-
16
for
18
-
17
for
Increase proactive field operations efforts
Collaborated with volunteers to resolve issues related to procedures and facility improvementHired experienced shelter managerHeld first annual Volunteer Appreciation Awards DinnerAchieve
and sustain full staffing
Animal ServicesGoals and Accomplishments Accomplishments Goals
1.2.3.1.2.
15
18
-
00
51,13421,50020,64890,305
956,303410,448
Baseline
1,550,338
FY 2017
17
-
00
51,13420,90019,23992,733
907,734408,036
Budget
1,499,776
FY 2016
16
-
00
12,27517,99365,884
883,663100,942372,549
Actuals
1,453,306
FY 2015
15
-
00
12,68155,508
806,606107,468120,392393,482
Actuals
1,396,137
FY 2014
Expenses
Animal ServicesBudget Highlights
Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceFixed Assets Total
16
Questions / Comments
Police Department
1
Denton City Council Department Presentation
Fire Department
2
18
-
8
165
11.25
184.25
Baseline
FY 2017
17
-
8
165
11.25
184.25
Budget
FY 2016
16
-
8
158
11.25
177.25
Actuals
FY 2015
15
-
8
152
8.25
168.25
Actuals
FY 2014
Fire AdministrationFire OperationsFire Prevention Community Improvement Services reports to Fire, but is accounted separately
Fire Department
3
Department
Fire
4
analysis
17:
-
16
the land acquisition and design phases for Fire Station 3 and 4the design phase of the new Fire Training Facility and initiated constructionthe land acquisition phase for new Fire Station
8
partnership with DPD and Technology Services, completed a comprehensive
Accomplishments for 1. Finalized 2. Finalized 3. Finalized 4. In Dispatch/Computer Aided Dispatch/Record Management System 5. Completed ISO process review & submitted application6. Placed
Medic Unit 8 in service
Fire DepartmentAccomplishments
5
911/PSAP
18:
-
the construction of Fire Station 4the construction of the new Fire Training Facilitytechnology enhancements to
the construction Fire Station 3
Goals for 17 1. Complete 2. Complete 3. Initiate 4. Complete 5. Submit a revised application, including the Northlake Station to ISO
Fire DepartmentGoals
6
% complete
family
-
ISO/TCFP (85
in coordination with the implementation of a new Fire
2,364 inspections of 4,700)
EMS response time metrics
of inspections completed for commercial, industrial & multi
completed to enhance training program & align with
30,647 hours of 36,000)
Current Performance Measures:1. Hours -2. Number structures (50% complete Proposed Performance Measures:3. Proposing Records Management System.
Fire DepartmentPerformance Measures
)
7
)
Manager position to include technology systems & analytics ($49,466
Captain position to include community services role ($75,149)
capacity with Medic Unit 7 & 8
Expansions:
31%)
Absorbed capacity with Peak Time Medical Unit ($73,906Health & Safety Battalion Chief created by transfer of existing responsibilities
. Recruitment . Administrative .
Fire DepartmentCost Containment Strategies Summary of Department efforts:1. Absorbed 2. 3. Partnered with ESD #1 to provide first response with a diminishing contribution rate(50%Position
456($135,755)
8
Fire DepartmentFocus On Response Time
-
9
Services
units
data collection in partnership with Technology
to upgrade Fire Station Alerting
EMS Quality Assurance / Quality Improvement
online vacation selection for Operational staff in alignment with city
turnout time accountability with Captains
oxygen bottle delivery to each station
narcotic lock boxes in all stations and medic
. Expanded
Completed Projects:2. Installed 34. Instituted Future Projects:1. Continuing 2. Automating 3. Expanding 4. Launching wide Finance systems
Fire DepartmentProcess Improvements
10
time
response
2016
District 3District 6
in 2015in
Full Year of Medic 7 In Service
10.48%
second average
EMS EMS 10.99% 28 second response time improvement for Medic 6 21 improvement 13 second average (in district) response time improvement
2016
Fire DepartmentReturns on Investment
11
18
80,000
-
562,384 262,140 237,332131,800 854,792
1,207,427
$24,394,076
$27,729,951
Baseline
FY 2017
17
77,485
-
589,403 276,000 232,931 162,508
1,175,638 1,159,028
$23,721,567
Budget
$27,394,560
FY 2016
16
59,050
-
507,096 277,323 241,535 120,521 890,899
1,269,654
$22,256,382
Actuals
$25,622,460
FY 2015
15
43,33580,000
-
456,321236,818233,931
1,199,2861,207,228
$20,349,050
Actuals
$23,805,969
FY 2014
Total
Expenses
Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceFixed Assets
Fire DepartmentExpenditure Budget Highlights
12
Questions / Comments
Fire Department
1
Denton City Council Department Presentation
Community Improvement
2
18
-
112161
12
Baseline
FY 2017
17
-
212271
15
Budget
FY 2016
16
-
11201
10
15
Actuals
FY 2015
15
-
11201
10
15
Actuals
FY 2014
Community Improvement ManagerSupervisorSenior OfficerSpecialty OfficerOfficerAdministrative Assistant
3
(6)
CIS Officer
(1)(1)(1)
Officer
CIS Specialty
CIS Manager
CIS Supervisor
Fire Department
Fire Chief / Fire Marshal
(1)
Assistant II
Administrative
(2)
CIS Senior Officer
Community Improvement
4
Way Maintenance Program with annual reimbursement from TXDOT.
-
of
-
17:
-
profits and volunteer groups to provide abatement assistance.
-
18:
-
Completed the Enhanced RightEstablished Union Pacific Railroad Right of Entry and Indemnity Agreement for graffiti abatement and mural painting of the Dallas Drive railroad trestle and
bridge.Instituted a Graffiti Abatement Team to proactively remove graffiti on public property.Recognized provider of continuing education training by the State.Facilitated the creation
of a historical landmark GIS layer and a portable sign GIS layer for interdepartmental use.Enhance partnerships with Legal and Development Services to advance CIS mission.Develop a
comprehensive pubic education program to educate residents on code requirements and promote services provided.Partner with non
Community ImprovementGoals and Accomplishments Accomplishments for 16 1.2.3.4.5.Goals for 17 1.2.3.4.
5
Compliance
of Nuisance Violations Abated = 99.3%
of Dangerous Buildings Repaired or Demolished = 16
Percentage Percentage of Minimum Building Standard Violations Abated = 86.08%Percentage of Zoning Violations Abated = 93.3%Number Percentage of Cases Closed Abated Percentage of Cases
Closed by Voluntary Percentage of Cases Closed by EnforcementPercentage of Complaints Responded to Within 48 Hours
Community ImprovementPerformance Measures Current Performance Measures:1.2.3.4.Proposed Performance Measures:1.2.3.4.
6
17 cost savings = $70017 productivity gains = 4 hours / staff
--
of Division Efforts:
Nuisance abatementROW maintenanceDangerous buildings
approved continuing education trainer
-
85% of discretionary funding related to contractual servicesFY 16FY 16
Competitive contractingVoluntary compliance State
Community ImprovementCost Containment Strategies Summary 1.2.3.
7
process.
the notification
Evaluate mowing contracts and explore coordination efforts with Parks Department.Establish a process with Legal for routine case review and Court docket participation.Perform a technology
assessment in conjunction with Development Services.
Streamlined Decreased the City abatement timeframe.Implemented automated main phone line directory system.Digitized Certificate of Occupancy records.Realigned tasks to reflect scope
of services.Reassignment of staff to support realignment efforts.
Community ImprovementProcess Improvements Completed Projects:1.2.3.4.5.6.Future Projects:1.2.3.4.
8
0
200
49,10050,082
18 486,340118,042
-
$949,951
$1,653,715
Baseline
FY 2017
0
300
48,10082,495
17 485,485110,604
-
$1,130,120
$1,857,104
Budget
FY 2016
0
50
37,87078,978
16 439,419129,457
-
$1,046,368
$1,732,142
Actuals
FY 2015
28
210
37,35641,661
210,781157,116
15
-
$1,004,289
$1,451,441
Actuals
FY 2014
Total
Expenses
Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of Service
Community DevelopmentExpenditure Budget Highlights
9
Questions / Comments
Community Improvement
1
Denton City Council Department Presentation
Environmental Services Department
2
18
-
4.04.05.04.07.57.0
31.5
Proposed
FY 2017
17
-
4.04.05.04.07.57.0
31.5
Budget
FY 2016
16
-
3.04.05.04.07.56.0
29.5
Actuals
FY 2015
15
-
3.04.05.04.07.56.0
29.5
Actuals
FY 2014
Protection
Pretreatment
Environmental Services Department Regulatory ComplianceSustainabilityWater LaboratoryWastewater LaboratoryIndustrialWatershed
3
Environmental Services Department
4
).
OSSFs
S
iSWM
Voluntary Cleanup Plan.
Sanitary Sewer Facilities (
Site
-
On
ross training staff in pretreatment division.
c
and tracking for
Voluntary Cleanup Plan at 300 East McKinney Street.
17:
-
16
18:
-
NCTCOG
for 17
Completed remediation for Denton was first recipient of the integrated Stormwater Management (from Completed sampling and analyses for Pecan Creek Plant phosphorus reduction/treatment
program.Improved GIS, database management, Finish 301 East McKinney Street property remediation through Continue to improve energy and water audit program, including evaluations of
effectiveness.Complete revisions to Subchapter 17 of the Development Code (Environmentally Sensitive Areas).Meet new stormwater inspection requirements by
Environmental Services DepartmentGoals and Accomplishments Accomplishments for 1.2.3.4.Goals 1.2.3.4.
5
sage
u
nergy
e
solar energy rebate funding used from base amount
-
Decrease in municipal Percent of nonPercent of solar energy rebate funding used from base amountPercent of renewable energy used in municipal facilitiesNumber of active construction
sites inspected per weekNumber of grease trap inspections per yearNumber of Pretreatment enforcement actions for regulated industriesNumber of activities and participation rate at Clear
Creek Natural Heritage CenterNumber of energy and water audits
Environmental Services DepartmentPerformance Measures Current Performance Measures:1.2.3.4.Proposed Performance Measures:1.2.3.4.5.
6
of
$189,063.
by
for turnover and vacancies.
budget
$44,364
salary savings of
Environmental Services DepartmentCost Containment Strategies Summary of Department efforts:Removed proposed 0.75 FTE by cross training Pretreatment and Watershed (Savings $45,685). Budgeted
Reduced FY 2017 to FY 2018
7
Completed staff training, standard operating procedure, and data management for stormwater annual reports.Cross trained stormwater and pretreatment personnel to perform multiple inspections
at one siteContinued to implement and improve Laboratory Information Management SystemPurchased new laboratory instruments to improve efficiency and accuracyObtained software training
(spreadsheet server) to more efficiently manage data Improve sustainability plan reporting through new data management approaches.Complete evaluation and implement improvements for
stormwater development review.Upgrade construction site stormwater inspection software.Increase digital compliance reporting to regulatory agencies (as possible).Continually improve
asset management program.
Environmental Services DepartmentProcess Improvements
Completed Projects:1.2.3.4.5.Future Projects:1.2.3.4.5.
8
Questions / Comments
Environmental Services Department
1
T
R
U
O
C
L
A
P
I
18 Budget Presentation
C
-
I
N
U
FY 2017
M
2
t
r
a
h
Teen Court
Coordinator
C
16.5 FTE
l
a
n
o
i
t
(2)
a
z
Court Docket
i
Representatives
n
a
Assistant
Specialist
Collections Collections
g
r
O
Supervisor
t
Court Clerk
Administrator
Municipal Court
r
u
(4)
o
Assistant Court
C
Representative II
l Case
a
Clerk
p
Juvenile
i
Manager/Docket
c
i
n
I
u
M
(3.5)
Cashier
Coordinator
Assistant Court Rep
3
17
-
T
R
U
s
O t
n
C
e
L
m
A
h
P
s
I
i
l
C
p
I
m
N
o
U
c
c
Implemented New Merchant Services with Treasury DepartmentRenewed Collections Vendor contract via RFP Completed Fire Department Ticket Writer ImplementationAdditional Seat Benches added
in Court Customer Service AreaUpdated new Audio/Visual System in Court Central Jury Room
M A
Major Accomplishments for FY 16
4
warrant notification
-
T
R
18
U
-
O
C
L
FY 2017
A
for
P
I
to explore and enhance web capabilities to increase
process for monitoring Customer Service efficiency
use of Court Notify for pre
C
I
S
Goals
L
N
A
U
O
Continue customer service options. Increase courtesy calls. Explore options of text messaging and email notification. Develop on phone system.
M G Future
5
s
T
e
r
R
u
s
U
a
O
e
C
M
L
e
A
c
P
n
Performance Measures:
I
a
C
I
m
r
N
o
f
U
r
e
Average Call Wait Time: The average time customers wait for phone calls to be answered by Municipal Court personnel.Warrants Issued to Citations Filed Annually: The number of cases
processed for warrant as it relates to the number of citations filed with the Court.Warrants Cleared to Warrants Issued Annually: The number of warrants cleared from the system as
it relates to the number of citations filed with the Court.
Developing
M P
6
s
e
i
g
e
t
T
a
r
R
t
S
U
t
O
n
e
C
m
L
n
i
A
a
P
t
I
n
C
I
o
C
N
t
s
U
o
M C
Continue to streamline processes in case management to reduce paper.Develop process for monitoring Customer Service efficiency on phone system. Reduced Municipal Court baseline budget
by $29,225.
7
:
s
T
line which reduced open
t
R
n
e
U
m
O
e
C
v
o
L
r
A
p
P
I
m
I
Open Data Sets on
C
s
I
s
N
e
c
U
o
r
M P
Implemented records requests.Created a managed monthly case purge program in the Court Software and Laserfiche.Utilize Cisco Unified Intelligence Center software to implement Customer
Service quality standards.Continue to work with Judge and Prosecutor to review current case processing in order to streamline work flow.
COMPLETED PROCESS IMPROVEMENTSDEVELOPING PROCESS IMPROVEMENTS:
8
$0$0
18
-
$3,000
$41,100$15,898$40,750
$111,530
$1,229,448
$1,441,726
Baseline
FY 2017
$0$0
17
-
$5,300
$43,900$15,664$64,875
$116,768
$1,139,096
$1,385,603
Budget
FY 2016
$0$0
16
-
$1,183
$28,487$17,462$29,804
$140,444
T
$1,130,109
$1,347,489
Actuals
R
FY 2015
U
s
$0
O
t
15
h
C
-
$9,230$1,500
$60,028$18,620$46,381
g
$154,193
i
L
l
$1,092,870
$1,382,821
Actuals
h
A
FY 2014
g
P
i
I
H
C
I
t
e
N
g
Total
d
U
Expenses
u
M B Personal ServicesMaterials & SuppliesMaintenanceInsuranceMiscellaneousOperationsCost of ServiceFixed Assets
9
Questions / Comments
MUNICIPAL COURT
L
A
P
I
C
I
N
U
M
18 Budget Presentation
-
E
H
T
FY 2017
for defendants
s
t
from custody without
n
e
m
and conformity with state legislative
h
to allow for release
s
i
l
indigency
and reinstatement opportunities
p
-
pursuant to warrant in lieu of confinement.
m
o
arrested,
c
c
determinations after arrest
2017
-
A
of appropriate payment
wide discussions regarding
-
d
indigency
2016
-
n
a
indigency
s 2018
l
-
a
of prior of judicial standing orders that remove barriers related to court information and interactive
of jail processes and
and involvement in state
o
2017
-
G
Development and implementation Identification Development
Reinstatement Refinement Monitoring
Accomplishments Ώ cases after default without arrest.-monetary bond.-initiatives.Ώ with outstanding fine balances, including those -cultivation of available organizations offering community
service.-court access by citizens and defendants.
Goals
1,161
27,13446,45724,906
2018 (Estimated)
-
2017
:
1,056
24,66842,23422,642
s
e
2017 (Projected)
-
r
2016
u
s
a:
2016
-
e
1,898
23,17135,10223,075
2015
M
e
c
n
2015
-
2,937
a
25,43740,709
2014
m
r
o
f
r
Reductions in Total Capias Pro Fine IssuedPayment Plans Issued by the Judge in Open CourtTotal Cases Disposed by Alternative Means Including Community Service
e
P
Current Performance Measures New Cases FiledTotal Cases on DocketTotal Cases Disposed 27,780Civil Fines or Penalties Proposed Replacement Performance Measures---
s
e
e
c
i
i
f
g
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e
O
t
a
s
'
r
t
e
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resulting in returned savings
J
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n
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o
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o
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TC
no guaranteed hours or assigned docketsno benefits, insurance, stipends
2.5 TOTAL FTEs with benefits (No Increase since 1996)Only half of the .5 FTE is ever used Required Budget Obligations (Technology, Phone and Insurance)Office Equipment and Copier
Current Staffing Structure:operations:All Judicial Positions are capable of handling all dockets and judicial education costs are offset by appointment as judges for other municipalities
In the same way, the Court has conferred with Texas OCA to
The Municipal Judge's OfficeProcess Improvements
with an opportunity to appear before the Court to avoid the issuance of a (CPF) warrant.
the likelihood that a citation will be paid without issuance of warrant. Not only does this increase the possibility of collecting outstanding fines, but it protects the rights of the
defendant at the same time.ensure that our collections procedures meet state minimum notice requirements and changes to Rule 175 of the Texas Administrative Code. (Collections Improvement
Program)
18
-
0
4,9434,1297,083
2.50
40,863
379,083
Baseline
436,101
FY 2017
17
-
0
4,9434,0017,083
44,158
2.50
375,883
Budget
436,068
FY 2016
16
-
0
2,4574,2226,953
2.50
34,817
319,352
367,801
Actuals
FY 2015
15
-
119
1,6444,9344,810
2.50
71,863
324,290
407,660
Actuals
FY 2014
FTEs
Total
Expenses
The Municipal Judge's OfficeBudget Highlights Personal ServicesMaterials & SuppliesMaintenanceInsuranceOperationsCost of Service
e
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i
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f
O
l
a
s
'
p
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i
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g
i
d
n
u
u
J
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h Questions / Comments
T
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-720,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussionandgivestaffdirectionregardingDentonMunicipalCourtpoliciesand
procedures related to indigent defendants.
City of DentonPage 1 of 1Printed on 6/9/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
CM/ DCM/ ACM: COUNCIL APPOINTEE
th
DATE: JUNE 13, 2017
SUBJECT (Agenda Item 17-720)
Receive a report, hold a discussion and provide the Municipal Judge with comment, guidance and direction
regarding Court promulgated policies relating to:
1. Restructuring and modifying processes imposed by mandatory
Collection Improvement Program, and implementing less intrusive collections processes in
accordance with revisions to Texas Administrative Code, Chapter 175.
2. Developing, defining and implementing policies and procedures that allow and encourage
-monetary means such as community service.
3. Modifying and implementing processes that allow direct contact with the Judge for defendants who:
a. fail to appear or fail to pay fines assessed by the Court, defendants who are indigent or those
unable to pay fines when due or in the amounts due;
b. request extensions to pay fines and costs in increments or monthly installments; or,
c. claim to be indigent or unable to satisfy fines assessed by monetary means and offering
opportunities to satisfy their obligations to the Court by alternative means of satisfying the fine
or community service;
4. Scheduling and docketing any defendant who claims to be unable to pay in full or who, for whatever
reason, did not pay as agreed, so that they may appear before the Court to resolve their case;
5. Directing Court Clerks and staff to cultivate and develop community service providers capable of
offering and monitoring community service opportunities that are of benefit to the community and
the defendant;
6. Implementing dockets and creating processes and written correspondence that will communicate to
defendants any options and alternatives available to the defendant to satisfy their obligations, such
as extended payment plans, alternative methods of payment or satisfaction of the fine by performing
community service;
7.
defining and requiring the release of persons who have been detained so that they may appear before
an open court to resolve their cases without undue hardship or duress;
8. Define guidelines regarding notice prior to issuance of warrants with a goal to reducing default and
arrest pursuant to warrant or capias pro fine; and,
9. defaulted
on payment plans to appear before the Court without fear of arrest and without the necessity of first
posting a bond.
BACKGROUND
While the Denton Municipal Court has historically been a very flexible and Court open to the public and
sensitive to the needs of individual defendants, the Court has been subject to, and its policies influenced by,
Collection Improvement mandated by the Texas Office of Court Administration. As a result
of certain rules requiring that any municipal court in a city with a census population of more than 100,000,
comply with the requirements of the Collection Improvement Program as set forth in Chapter in 175 of the
Texas Administrative Code. This program requires that the municipal court provide staff, insist that all
fines and costs assessed that the Court collections staff gather both contact
information prior to granting any extension in payment, and collect certain personal financial information
and documentation from each defendant prior to approving additional time to pay in the form of a payment
plan.
Over time, the processes mandated by the Collection Improvement Plan as well as general attitudes that
favor collections over defendants protections have slowly crept into the Court. Additionally, automation
and the implementation some processes more towards efficiency and
less toward considering individual defendant needs or circumstances and have slowly moved away from
direct interaction between the defendants and the Court. Some of our current processes have discouraged
defendants from requesting additional time to pay and negatively impacted certain defendants by limiting
their opportunities to pay or even reappear before the Court to discuss alternatives to monetary payment
without providing substantial documentation and proof or, once in warrant, being required to post a bond
in order to reappear before the Court.
OPTIONS
The Council may, after consideration of the attached proposed Standing Court Orders Regarding Indigency,
Inability to Pay and Alternatives to Payment of Monetary Fines, and direct the Judge to:
- Make no significant modifications to current collections policies and procedures, adopt a more
conservative approach to collections processes for compliance with state law;
or,
- Instruct the Judge to continue to outline significant changes to a payment and compliance with
extended payment plans, expansion of community service opportunities for defendants, notice and
appearance opportunities for defendants who are in default on payment orders and implement
mandatory notice and appearance dockets through which the defendant will be given ample
opportunities to resolve the case prior to issuance of warrant, and the implementation
heir case regardless of case
or warrant status.
RECOMMENDATION
Review, comment and encourage the Presiding Municipal Judge to continue to develop and refine the
proposed Judicial Policy Directive (or a set of similar directives) that reflect the same policies and
procedures outlined in the attached:
Memo to Council: DENTON MUNICIPAL COURT FREEDOM AND PROTECTIONS
INITIATIVE: Indigency, Inability to Pay and Alternatives to Payment of Monetary Fines and
Costs.
ESTIMATED SCHEDULE OF PROJECT
Full implementation, development of process, notices and forms and creation of associated dockets should
be completed within six (6) months.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None.
FISCAL INFORMATION
None-from a staffingandfinancial resources aspect. Impacton the currentrate of collection of fines is
yet to be seen and difficult to anticipate. However, over time, any fines satisfied by community service or
alternative means will most likely be offset by a reduction in warrants issued and defendants who request
and are entitled to satisfaction by credit for time detained after arrest.
BID INFORMATION
None. Any polices or procedures adopted by the Court will be implemented by judicial and court clerk
staff and will not require any outside consulting or additional contracts or expenditures.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
- Memo to Council: DENTON MUNICIPAL COURT FREEDOM AND PROTECTIONS
INITIATIVE: Indigency, Inability to Pay and Alternatives to Payment of Monetary Fines and
Costs.
Respectfully submitted:
_______________________________________
Robin A. Ramsay, Judge Presiding
Denton Municipal Court
Prepared by:
Robin A. Ramsay
Presiding Municipal Judge
TO: The Honorable Mayor and Members of the Denton City Council:
The Honorable Mayor Chris Watts
The Honorable Council Member Gerard Hudspeth
The Honorable Council Member Keely G. Briggs
The Honorable Council Member Kathleen Wazny
The Honorable Council Member John Ryan
The Honorable Council Member Dalton Gregory
The Honorable Council Member Sara Bagheri
FROM: Robin A. Ramsay, Denton Municipal Judge
SUBJECT: Denton Municipal Court Freedom and Protections Initiative:
Indigency, Inability to Pay and Alternatives to Monetary Fines and
Costs
th
DATE: June 13, 2017
DENTON MUNICIPAL COURT
FREEDOM AND PROTECTIONS INITIATIVE:
Indigency, Inability to Pay and Alternatives to
Payment of Monetary Fines and Costs
misdemeanor offenses in the State of Texas are generally punished by
assessment of a monetary fine and payment of court costs, the Denton Municipal Court
recognizes that the assessment of fines and court costs can create unduly burdensome
hardships on those defendants who are facing financial obstacles or who are economically
disadvantaged. The Denton Municipal Court acknowledges that by imposing fines and costs
on defendants who cannot reasonably pay, and by arresting or confining those who do not
pay the fine when due because they are unable to do so, is of no benefit to our community,
does not serve to protect our city or make it a safer place to live, is contrary to current law
and is unjust and unconstitutional.
The Court believes that fairness and justice demand that unpaid fine collection must be based
upon the assumption that (1) a defendant need not be entirely poor or indigent to be unfairly
pay a fine in full should be taken as true unless good cause has been shown to the contrary;
(3) that all defendants should have access to the judge of the court to request additional time
to pay, and (4) that a defendant should be afforded an opportunity to appear to explain their
personal circumstances without impediment.
Denton Municipal Court -Freedom and Protections Initiative Page 1 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
The Court therefore would request the members of the City Council review and advise the
MunicipalCourt so as to adoptthe following guiding principles applicable to case disposition
and process related to assessed and unpaid fines and costs:
PROPOSED
INDIGENCY, INABILITY TO PAY AND ALTERNATIVES TO PAYMENT OF FINES
PAYMENT COMPLIANCE AND EXTENSIONS DOCKET
rd
1. Effective July 3, 2017, the Court will re-instate its former Indigency Dockets and
Processes, and incorporate required components of the O.C.A. Collection Improvement
Program.
2.
same Plea form regardless of their ability to pay, and a judgement will be entered
accordingly.
3. Upon indicating that they are unable to pay the fine and costs in full on the date of their
plea and judgement (assessment date) the Defendant will be instructed to complete an
compliance with mandatory collections program requirements. (DMC FORM 14-01)
4. Upon verification of the requested information, the Court Clerk shall set the defendant to
appear before
AFTER the expiration of thirty (30) days from the date of plea. (Five or Six Weeks)
(DMC FORM 14-02)
5. If the defendant cannot or will not provide the Court with verifiable information as
plea. (Two weeks) \[DMC FORM 14-02\]
6. In either event, the Defendant should be informed by the Clerk that the remaining balance
due must be paid on or before the day their case has been set, or if they are unable to pay in
full by that date, the defendant must appear IN PERSON BEFORE THE COURT to
request (1) an additional thirty (30) day extension to pay, (2) request a longer payment plan
in installments over a number of months, (3) the opportunity to perform community service
or satisfy the fine through some other alternative means, or (4) present information to the
Court regarding t
complete waiver of the fine and costs due by the Court.
7. Any defendant indicating that they are unable to pay the fine assessed immediately, and
who have provided the Court with verifia
GRANTED ADDITIONAL TIME TO PAY and no defendant shall be required to
Denton Municipal Court -Freedom and Protections Initiative Page 2 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
able to make payment if given additional time.
8. At the Defen
a. An additional THIRTY (30) DAYS to pay the balance due and order the defendant
to pay the entire amount due or, if not paid prior to the date of their scheduled PCE
b. A longer incremental payment plan allowing the defendant to pay the balance due
over time in monthly installments and ordering the Defendant to either pay each
incremental payment on or before a future Payment Compliance and Extensions
Docket date or reappear before the Judge to explain why they could not honor the
order and to request additional time to pay;
c. Consider any statements from the defendant asserting that they are indigent or that
they will be unable to pay in the future, and order the defendant to reappear before
a.m. on a Monday within the thirty to forty-five days after their initial appearance.
Judge will order the defendant to schedule and attend an interview with the Denton
Municipal Court Collections Office to provide information or documents that might
help the Court determine whether or not the defendant is indigent or unable to pay,
and if so, whether or not the defendant should be allowed to satisfy the fine by
performing community service or the Court should waive the fine and costs
entirely. All such documents and the recommendation of the Collections office will
reappears before the Judge at th
docket.
9. As to any Defendant who may appear before the Court at their docketed
but who claims to be (a) unable to pay the
fine and costs assessed at the time of their appearance, and (b) indicates that, even if given
time or allowed to pay the fine and costs over an extended period of time will still be
unable to pay without significant or undue hardship on them or their family, the Judge of
the Court SHALL
a.
scheduled at 10:30 a.m. on a Monday within the thirty to forty-five days after their
initial appearance;
b.
fendant will be
expected to attend and complete and that the defendant will be required to provide
Collections Office staff with relevant documents or information regarding their
claim of inability to pay; and,
c. Prior to leaving the Courtroom, the defendant will be set for and required to
acknowledge their next setting to appear at a
Denton Municipal Court -Freedom and Protections Initiative Page 3 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
(SFC) Docket within the next thirty to forty-five days, as well as their obligation to
participate
COMMUNITY SERVICE, SATISFACTION OF FINE BY ALTERNATIVE MEANS,
WAIVER OF FINE AND COSTS, AND PROCESSES FOR VERIFICATION.
1. indigentunable to pay
if the person is:
a. required to attend school full time under Section 25.085, Education Code;
b. is a member of a household with a total annual income that is below 125 percent of
the applicable income level established by the federal poverty guidelines; or,
c. receives assistance from:
i. the financial assistance program established under Chapter 31, Human
Resources Code;
ii. the medical assistance program under Chapter 32, Human Resources Code;
iii. the supplemental nutrition assistance program established under Chapter 33,
Human Resources Code;
iv. the federal special supplemental nutrition program for women, infants, and
children authorized by 42 U.S.C. Section 1786; or
v. the child health plan program under Chapter 62, Health and Safety Code.
2.
under the direction and supervision of:
a. a governmental entity; or,
b. a nonprofit organization that provides services to the general public that enhance
social welfare and the general well-being of the community; or,
c. a religious organization that is open to all members of the general public without
discrimination or bias toward members of any other faith and which performs
services of benefit to the general community as a whole; or,
d. by attending a tutoring program, work and job skills training program, preparatory
class for the high school equivalency examination administered under Section
7.111, Education Code, or similar activity.
3. It shall be the policy of this Court to allow and encourage any defendant who claims to be,
and provides verifiable information or proof of indigency or their inability to pay, to satisfy
all or part of any or all monetary fines or court costs by performing community service.
4. All claims or information provided by a defendant in support of their claim of indigency or
n office staff. Collections Office
Staff may request any reasonable and relevant documentation in support of the
claim of indigency or inability pay, including, but not limited to:
a. Proof of Residency
b. lease agreement or mortgage current payments;
c. proof of current or last employment;
d. numbers;
e. proof of identity
f. at least two References (names and current phone numbers );
g. proof of any other benefits or government assistance or sources of income; and,
Denton Municipal Court -Freedom and Protections Initiative Page 4 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
h. any information on assets such as bank statements, credit card information,
automobiles, household bills, or other debts.
5. Court Collections Staff may review any documents provided by the defendant and make
reasonable inquiry related to their authenticity, but will not retain copies of any such
documents.
6. After conducting an interview with any defendant who claims to be indigent or unable to
pay the fine and costs as ordered by the Court, Collections Office staff shall prepare a
proposed payment or monthly payments, intervals and length of plan, or a recommendation
that the defendant is indigent, that community service would be an undue hardship on the
defendant or their family and all remaining fines and costs should be waived in their
entirety.
7.
, the Judge may:
a. Find the defendant is not indigent or unable to pay and order the defendant to pay
the remaining fine and costs in full or in incremental payments by entering a
standard payment order; or,
b. Find that the defendant is indigent and order that the fine and costs may be satisfied
by the defendant in full or partially by performing community service.
8. The judge may not order a defendant to perform more than 16 hours of community service
per week unless the judge determines that requiring the defendant to perform additional
hours does not impose an undue hardship on the defendant or the defendant's family.
PROCESS SUBSEQUENT TO NON-APPEARANCE BY THE DEFENDANT, SHOW
CAUSE HEARING, NOTICES AND CONDITIONS PRECEDENT TO ISSUANCE OF
WARRANT
1. For the purposes of this section regarding NON-APPEARANCE BY THE DEFENDANT,
Default
or citation, or who has been lawfully served with judicial summons, and that defendant
fails to appear pursuant to their written promise to appear before the Court at a docket
indicated on a citation or as ordered by the Court for a specific date and time.
rd
2. Effective July 3-
APPEARANCE SHOW CAUSE (NASC) DOCK-APPEARANCE
ndth
courtroom of the Denton Municipal Court on the Second (2) and Fourth (4)
Wednesdays of each month at 9:30 a.m.
rd
3. Effective July 3, 2017, any defendant who has NOT entered a plea in writing with the
Court (either in open Court, by mail, or received by the Court Clerk), but has failed to
appear pursuant to citation or summons, shall be ORDERED TO APPEAR and notified of
their obligation to appear before the Cour-
Denton Municipal Court -Freedom and Protections Initiative Page 5 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
date notice is sent to the defendant
4. No warrant shall be issued unless all notice and warnings as required by T.C.C.P. Art.
45.014 have been provided to the defendant at their last known address as reflected on the
citation, summons or last written correspondence provided by the defendant. The Court
Clerk shall send, by regular mail, a copy of an Order and Notice to Appear signed by a
-
Docket at 9:30 a.m. on the first Wednesday occurring more than fourteen (14) days after
-appearance or default, but not more than thirty (30) days
following the date notice is sent.
5. The Order and Notice to Appear shall provide the defendant with (a) the date, time and
place where the defendant is ordered to appear before the judge, (b) the name and address
of the court with jurisdiction in the case, (c) information regarding alternatives to full
payment of any fine or costs should the defendant be unable to pay, and (d) an explanation
of the consequences if the defendant fails to appear as ordered.
6. Upon contacting the Court in writing, any defendant who receives notice of their
-
and shall - Appearance Show
-set any defendant
making such a request once without specific court order once. Any subsequent written
reque- Appearance Show Cause (NASC)
OR REAPPEAR BEFORE THE COURT AS ORDERED TO REQUEST ADDITIONAL
TIME TO PAY OR ALTERNATIVE METHOD OF SATISFYING THE FINE; NOTICES
AND CONDITIONS PRECEDENT TO ISSUANCE OF CAPIAS PRO FINE.
1. For the purpose of this section regarding a
JUDGEMENT OR REAPPEAR BEFORE THE COURT AS ORDERED TO
REQUEST ADDITIONAL TIME TO PAY OR ALTERNATIVE METHOD OF
SATISFYING THE FINEDefault
pay the fine and costs assessed; fails to make an incremental or partial payment on the date
and in the amounts as ordered by the Court; fails to perform community service or other
alternative method in an amount sufficient to satisfy the fine and costs assessed on the prior
to, or re-appear as ordered before the Court to request additional time at a docketed
rd
2. Effective July 3, 2017, any defendant who has previously appeared before the court,
received by the Court Clerk, a judgement of conviction has been entered, the fine and costs
Denton Municipal Court -Freedom and Protections Initiative Page 6 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
assessed remain unpaid, the defendant has requested and had been granted additional time
to satisfy the fine and costs assessed or reappear to request more time to pay, community
service or other alternative means of satisfaction, BUT WHO HAS FAILED TO EITHER
SATISFY THE FINE ASSESSED PRIOR TO, OR RE-APPEAR ON THE DATE AS
SHALL, prior to further process or request for issuance of a CAPIAS PRO FINE for the
(a) Telephone Contact for Past-Due Payments. Within THREE (3) DAYS of the date
last known telephone number provided by the defendant. In every telephone
contact for past due payment, Collections Office staff must provide the defendant
with instructions about options offered by the Court or available to any defendant
who is unable to make payments. This telephone contact must also include
information about how the defendant may request a hearing for the judge to
consider the defendant's ability to pay and any non-monetary compliance options
available for the defendant to satisfy the judgment. Telephone calls may be made
by an automated system, but an electronic report or manual documentation of the
telephone contact must be available on request.
(b) Written Notice for Past-Due Payments. Within THIRTY (30) DAYS of the date a
, written notice must be sent to the defendant notifying
them that they are in DEFAULT STATUS and subject to further action by the
Court. Written notice may be made by regular or certified mail, e-mail, text
message or other electronic means, but must be in a form approved by the Judge
of the Court. Every written notice for past due payment must provide the
defendant with instructions about what to do if the defendant is unable to make
payments. The written notice must also include information about how the
defendant may request a hearing for the judge to consider the defendant's ability to
pay and any non-monetary compliance options available for the defendant to
satisfy the judgment. Written notice may be sent by an automated system, but an
electronic report or manual documentation of the written notice must be available
nd
on request. \[DMC FORM 15-02 FINAL (2) NOTICE OF DEFAULT\]
rd
3. Effective July 3FINAL
HEARING ON DEFAULT DOCKET (FDD)ld in the main
courtroom of the Denton Municipal Court each Wednesday, at 3:00 p.m.
4.
written notice of default under Subsection 2(b) has been provided to the Defendant who
Denton Municipal Court -Freedom and Protections Initiative Page 7 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
) been provided with both the telephonic notice under Subsection 2(a) and the
written Notice of Default as provided under Subsection 2(b) above, and who (c) THIRTY
(30) DAYS OR MORE HAVE EXPIRED AFTER the date the Court has provided the
st
defendant with the FIRST (1) NOTICE OF DEFAULT, and the defendant remains in
default.
5. THIRTY (30) DAYS OR MORE AFTER the date a defendant has been provided with the
st
) NOTICE OF DEFAULT as required under Subsection 2(b), and the
defendant remains in default, the Court Clerk or Collections Office SHALL provide the
defendant with a final written notice by regular or certified mail to the defendant written a
nd
FINAL (2) NOTICE OF DEFAULT \[DMC FORM 15-01\]. This Notice of Default shall
be signed by the Judge, and shall Order the defendant to appear before the court on their
two weeks, nor more than thirty (30) days after written notice of default under Subsection
2(b) has been provided to the Defendant. The written notice shall also notify the defendant
of the defendant's right to avoid jail time for nonpayment if the defendant is unable to pay
the amount owed without undue hardship to the defendant and the defendant's dependents.
An electronic report or manual documentation of the written notice must be available on
request.
rd
6. On or after Monday, July 3, 2017, ONLY AFTER a defendant fails to either pay the fine
and costs previously assessed or reappear to request additional time to pay, community
service or waiver of fine due to indigency, the Court Clerk has made or attempted
stnd
telephonic contact and provided the defendant with both the First (1) and Second (2)
Notice of Default, the defendant either fails to present sufficient evidence as to their
inability to pay or the defendant fails reappear at their docketed Final Hearing on Default,
AND the defendant remains in default as to satisfaction of the fine and costs, may the case
be processed or be eligible for issuance of a Capias Pro Fine for the detention of the
defendant.
OPEN ACCESS COURT AND PROCESS FOR RECALLING WARRANT AND
ALLOWING DEFENDANT TO APPEAR BEFORE THE COURT REGARDLESS OF
CASE STATUS WITHOUT NECESSITY OF POSTING MONETARY BOND.
rd
1. On or after Monday, July 3, 2017, any defendant may appear AT THE DENTON
MUNICIPAL COURT, ANY OF ITS COURTROOMS, PUBLIC ACCESS AREAS OF
AREAS OR HALLWAYS OF THE DENTON MUNICIPAL COURT located at 601 East
Hickory, Suite D, Denton, Texas, without fear of arrest on any matter before or on file with
the Denton Municipal Court regardless of the status of that case and whether or not that
case or matter is in warrant.
2. Any defendant who voluntarily makes an appearance before the warrant or capias pro fine
is executed by arrest or detention, and requests that they be allowed to appear to resolve an
outstanding case with the Court SHALL NOT BE DETAINED OR ARRESTED - so long
as the defendant initiates contact, does so voluntarily and they have not first been detained
Denton Municipal Court -Freedom and Protections Initiative Page 8 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
or arrested by the Denton Police Department or some other police agency outside the
Denton, Texas.
3. Any defendant voluntarily appearing before the Court, regardless of whether or not the
case is in pre-warrant, warrant or capias pro fine status may appear at the transactional
windows of the Denton Municipal Court Clerk or in open Court before the Judge and
request that any warrant or capias pro fine issued for their arrest be RECALLED and held
in abeyance for a period of time sufficient to allow the defendant to appear before the
Court to resolve their case or make appropriate arrangements to pay the fine and costs,
request alternative satisfaction or community service, or to present sufficient evidence to
the Court
4. An appointed Judge of the Denton Municipal Court may, in his or her sole discretion recall
any matter in warrant or capias pro fine status and allow the defendant to appear without
first posting bond even if the Defendant does not physically appear before the Court first,
but instead submits a written request to recall and hold any outstanding warrant or capias
pro fine in abeyance and agrees to resolve the case or appear before the Judge on any
regularly scheduled Arraignment Docket or Payment Compliance and Extension at 2:00
p.m. on any Monday, Tuesday, Wednesday or Thursday the Court is in operation.
5.
defendant, regardless of case status, who provides the Court with a written promise to
appear before the Court at a docketed date and time as provided herein to request that any
warrant or capias pro fine be recalled and held in abeyance without bond so that they can
resolve any outstanding case. \[DMC FORM 15-03 - REQUEST TO APPEAR BEFORE
THE COURT, RECALL WARRANT WITHOUT BOND AND HOLD WARRANT IN
ABEYANCE SUBJECT TO APPEARANCE\] The Court Clerk shall require that the
defendant review and sign a written REQUEST TO APPEAR BEFORE THE COURT,
RECALL WARRANT WITHOUT BOND AND HOLD WARRANT IN ABEYANCE
SUBJECT TO APPEARANCE indicating the date and time the defendant is required to
appear.
6. HALL (1)
RECALL and remove any warrant or capias pro fine from active status, (2) NOTIFY the
Denton Police Department, Warrant Officers and Dispatch of the change in status and (3)
SET the defendant on any scheduled Monday, Tuesday or Thursday arraignment docket at
2:00 p.m. and provide the defendant with notice of their scheduled docket appearance date.
DETENTION, ARREST AND DETENTION PROCESSES AND RELEASE OF
DEFENDANTS WITHOUT BOND UPON A PROMISE TO APPEAR
rd
1. ON OR AFTER July 3, 2017, any persons who have been arrested and are in the custody
offenses which have been filed or will be filed with the Denton Municipal Court, SHALL
BE RELEASED WITH OR WITHOUT BOND UNDER THE FOLLOWING
CIRCUMSTANCES:
Denton Municipal Court -Freedom and Protections Initiative Page 9 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
2. RELEASE OF PERSON ARRESTED ON-SIGHT WITHOUT WARRANT:
will be filed with the Denton Municipal Court, and for which a formal complaint has not yet
been filed, and:
ΛğΜ PRIOR OT APPEARANCE BEFORE THE MAGISTRATE. The Defendant has NOT
been presented to a Judge or Magistrate for magistration, that Defendant SHALL BE
RELEASED on EITHER CASH, ATTORNEY, OR SURETY BOND in the amount of:
ΛЊΜ Three Hundred Dollars ($300) as to any offense under the Denton Code
of Ordinances or the Texas Transportation Code; or,
ΛЋΜ Five Hundred Dollars ($500) as to any offense under the Texas Penal
Code, Education Code or Texas Health and Safety Code.
ΛĬΜ AFTER ARRIVAL OF OR APPEARANCE BEFORE THE MAGISTRATE. The
Defendant has not been able to arrange for release on bond as provided above, but, a
judge or magistrate for the Denton Municipal Court has reviewed the arrest and
authorized release in writing, or the Defendant has appeared before the Judge, and the
MAY BE RELEASED WITHOUT POSTING BOND by completing all contact
APPEAR AS A CONDITION OF RELEASE FROM CUSTODY Attached as
Denton On-
3.
ISSUED BY THE DENTON MUNICIPAL COURT:
isdemeanor offense to which that
defendant had failed to appear pursuant to their written promise to appear, no judgement
has been entered, and for which the Denton Municipal Court has issued a warrant of arrest
for that Defendant, AND:
ΛğΜ If the Defendant has NOT been presented to a Judge or Magistrate for magistration, that
Defendant SHALL BE RELEASED on EITHER CASH, ATTORNEY, OR SURETY
BOND in the amount as indicated on the face of the Warrant issued by the Court; or,
ΛĬΜ If the Defendant has not posted bond and appears before a Judge of the Denton
Municipal Court, and voluntarily waives a trial by judge or jury and enters a written
their release with a requirement that the entire fine and costs be paid immediately, and
in no event later than thirty (30) days from the date of judgement, or re-appear before
the court by contacting the Court Collections Office on or before the thirtieth day after
the date of plea and judgement. If the Defendant wishes to enter a plea, the Judge shall
advise them their right to request that the judgement be set aside in writing within ten
(10) days, have the Defendant sign their plea and enter judgement
4. RELEASE OF PERSONS ARRESTED PURSUANT TO A CAPIAS PRO FINE (CPF)
ISSUED BY THE DENTON MUNICIPAL COURT:
Denton Municipal Court -Freedom and Protections Initiative Page 10 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
As to any person or Defendant arrested pursuant to a Capias Pro Fine issued by the Denton
Judge for the City of Denton Municipal Court, the Judge SHALL inquire as to the
time to pay and current ability to pay
at the time of arrest, and prior to committing the defendant to jail shall determine
conclusively that the defendant had monetary resources and the ability to pay the fine and
costs assessed, but they willfully refused to pay or reappear to request additional time to
pay, that they be allowed to satisfy the fine by alternative means, community service or
request that the fine be waived in its entirety.
5. ties to request additional
arrest (In-Custody Indigency Hearing) the Judge SHALL, FIND (and make a written
determination) that:
ΛğΜ THE DEFENDANT IS NOT INDIGENT AND HAS NOT PERFORMED
COMMUNITY SERVICE and that they were capable of performing community
service as ordered by the Court. Upon making such a finding, the Judge shall enter an
Order Committing the Defendant to the custody of the Denton Chief of Police, or other
been discharged pursuant to Article 45.048(b), T.C.C.P., and shall indicate the amount
of credit to be given to the defendant for each day they are confined until the fine and
costs have been satisfied in full; OR,
ΛĬΜ THE DEFENDANT IS INDIGENT, has insufficient resources or income to pay the
fine and costs due, and the Defendant is entitled to discharge all fine and costs by
PERFORMING COMMUNITY SERVICE as provided under Art. 45.049 of the Texas
Code of Criminal Procedure. Upon finding that the Defendant is thus able to and
entitled to perform community service, the Judge shall deduct from the total due
appropriate credit for time in custody (not less than $50 per day,) and ORDER the
defendant to perform a set number of community service hours and to REAPPEAR
before the court at a docketed Indigency Docket within thirty (30) days following their
arrest and release; OR,
ΛĭΜ THE DEFENDANT IS INDIGENT, BUT, has (a) insufficient resources or income to
pay the fine and costs now due, and (b) Any obligation to discharge the fine and costs
due under T.C.C.P. Art. 45.049 or as otherwise authorized under Art. 45 of the Texas
impose an undue hardship on the Defendant
Upon a finding of indigency and inability to pay and that community service would
impose an undue hardship, the Judge shall fully discharge all fine and costs remaining
due, order the release of the defendant without cost or further obligation to pay or
reappear before the court, and WAIVE all relining fine and costs due; OR,
ΛķΜ THERE IS INSUFFICIENT INFORMATION AVAILABLE TO THE COURT and
thus, the COURT IS UNABLE TO DETERMINE WHETHER OR NOT THE
DEFENDANT IS INDIGENT as a matter of law. Upon finding that the Court is unable
to determine whether or not the Defendant is indigent, the Judge shall deduct from the
total due appropriate credit for time in custody (not less than $100 per day,) and
ORDER the defendant to perform a set number of community service hours and to
REAPPEAR before the court at a docketed Indigency Docket within thirty (30) days
following their arrest and release.
Denton Municipal Court -Freedom and Protections Initiative Page 11 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
6. Should the Judge be unable to conclusively determine that the defendant had sufficient
financial resources available to them, and that they willfully refused to pay or reappear to
request additional time to pay, that they be allowed to satisfy the fine by alternative means,
community service or request that the fine be waived in its entirety, it shall be the policy of
this Court, that the defendant should be given appropriate credit for their time in custody at
One Hundred Dollars for each day or portion of a day, and that the DEFENDANT SHALL
TO APPEAR BEFORE THE COURT at a Court docket within THIRTY DAYS OF THE
DATE OF RELEASE.
The Court herein reserves the right to review, revise, or amend this Judicial Policy Directive
in accordance with the acceptable confines of judicial discretion, the interest of justice as to
one or several persons or entities and in conformity with state statutes or municipal
ordinances.
th
This Judicial Policy Directive Issued on this 8 day of June, 2017, and Effective as to all
rd
relevant Denton Municipal Court Processes on or after Monday, July 3, 2017.
Denton Municipal Court -Freedom and Protections Initiative Page 12 of 12
Standing Orders Regarding Indigency, and Alternatives to Payment of Monetary Fines
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
REVISED AGENDA INFORMATION SHEET
DEPARTMENT:
CM/ DCM/ ACM: COUNCIL APPOINTEE
thth
DATE: JUNE 13, 2017 (as revised June 11)
SUBJECT (Agenda Item 17-720)
Changes to current Municipal Court processes to make the Court more accessible to defendants and assist
those who are unable to pay or indigent.
BACKGROUND (ISSUES AND CONCERNS)
The Court has become less accessible to defendants and more difficult to resolve cases without arrest. This
is due to (a) increased automation, (b) court policies that have made it more difficult for a defendant to
speak directly with the Judge (c, (d) events in
th
Ferguson, Missouri, recent Texas cases and legislative changes passed by the 85 Texas Legislature.
OPTIONS (PROPOSED SOLUTIONS)
Continue as we have in the past and do only the bare minimum required by the legislature, or attempt to
make changes giving defendants every opportunity to resolve cases without arrest.
RECOMMENDATION
Implement and develop the following system changes in Court process and policies:
(1) -Specific
(2) Notice and hearing after a defendant fails to appear or defaults on payment.
(3)
(4) If arrested, release from custody without posting bond or immediate fine payment.
STRATEGIC PLAN RELATIONSHIP
This specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
th
Previously submitted with original Agenda Information Sheet on June 9, 2017.
Respectfully submitted:
_______________________________________
Robin A. Ramsay, Judge Presiding
Denton Municipal Court
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-704,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingformation,responsibilities,composition,
and member terms of the Economic Development Partnership Board.
City of DentonPage 1 of 1Printed on 6/9/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: June 13, 2017
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding formation, responsibilities,
composition, and member terms of the Economic Development Partnership Board.
BACKGROUND
The City of Denton and Denton Chamber of Commerce first entered into an economic development
partnership agreement in 1986. At that time, the City created its Office of Economic Development, and
the Denton Chamber created the position of Vice President for Economic Development. Since then, the
the
General Fund and Utility Funds, and the Chamber solicits private sector funding to support other
activities.
In 2003, an economic development retreat was held. It was facilitated by TIP Strategies and included
Central Texas College, Denton Independent School District, and Denton County. A commitment to
recommendations was forming a board to oversee economic development activities - thus the creation of
the Economic Developme
Council in May 2003. The Council adopted the ordinance creating the EDP Board in August 2003 and
appointed its charter members in September 2003. The first meeting of the EDP Board took place in
October 2003.
Ordinance No. 2003-258 Sec. 2-254 outlines the duties and responsibilities of the Board:
The role of the Board is to provide economic development policy guidance. The Board may
make recommendations to the City Council and Chamber. The Boards duties include:
A. The Board will implement Dentons Economic Development Action Plan which
includes the implementation of specific projects. The Board may create committees or
task forces consisting of Board members and/or non Board members to assist with the
implementation of projects or activities. Committee task force chairpersons shall be
appointed by the Board and will serve at the pleasure of the Board.
B. Board will be responsible for designing economic development incentive policies and
recommending those policies to the City Council for adoption. These policies may include
tax abatement, Chapter 380 agreements, infrastructure assistance, etc. In making any
recommendations the Board shall comply with applicable law. It will be the Boards
responsibility to review policies of other cities and to be informed as to legislative
changes affecting state and local incentive programs.
The Board shall act as the recommending body to the City Council for
C. specific
project economic development incentives authorized by law, including without limitation
tax abatements and incentives authorized under Chapter 312 of the Tax Code, economic
development agreements authorized under Chapter 380 of the Local Government Code,
and public improvement districts authorized under Chapter 372 of the Local Government
Code. However, utility incentives based on thresholds, such as the Electric Utility
Industrial Development Rider and the Water/Wastewater Plan Line Extension may be
made without Board review or recommendation. Nothing herein shall be construed so as
to invalidate an economic development incentive authorized by the City Council or
Chamber that did not receive a recommendation from the Board.
D. The Board will review and recommend both the City and Chamber annual economic
development budgets. These recommendations will be made to the City Manager and
Chamber President for inclusion in the overall City and Chamber budgets.
E. The Board will review and recommend the annual work plans for the City and
Chamber economic development programs. Work plans must be consistent with the
annual budgets.
The original ordinance established the EDP Board with seven voting members (two City Council
members, two Chamber Board of Directors members, two members from the top 20 City of Denton ad
valorem or sales tax payers, and the President of UNT) and the Denton City Manager and Chamber
President as ex-officio members. It has been amended four times:
2011-042 - added two members, one with general aviation knowledge or experience and an at-
large position with specific knowledge, skills, and abilities to assist in the functions and
responsibilities of the board; expanded the duties of the board to include branding and marketing
for the Denton Municipal Airport and to include duties related to Airport economic development
incentives;
2014-009 - added the Denton Independent School District Superintendent as an ad-hoc non-voting
member;
2015-074 - added two members, one nominated by the Denton Black Chamber of Commerce and
one nominated by the Denton Hispanic Chamber of Commerce.
2016-249
The EDP Board now has 12 voting and three non-voting members. All voting members except the
presidents of UNT and TWU can serve up to three two-year terms; the presidents can serve unlimited
terms but must be re-nominated upon the expiration of each two-year term.
Since the adoption of the original ordinance, both City Council and Chamber Board appointees to the
EDP Board may serve out all three terms even if they are no longer members of the City Council or
Chamber Board after their original appointment, as long as they continuously serve throughout the three
terms.
The following EDP Board members terms expire in 2017: Greg Johnson, Jim Fykes, Larry Parker, Cleve
Breedlove, and John Baines; all but Breedlove are eligible to be re-nominated (see Exhibit 7 for full
member roster). The process for nominating EDP Board members is as follows: Council appoints a three-
member Nominating Committee (two Council members and one Chamber of Commerce Board of
Directors member); the Nominating Committee reviews who is eligible for reappointment and/or which
positions need to be filled and verifies that returning and new members are willing to serve; the slate of
nominees is presented to Council for its consideration.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 16, 2016 Staff presented a work session to Council regarding the Economic Development
Partnership Board
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 - Agenda Information Sheet 17-704
Exhibit 2 - Ordinance No. 2003-258
Exhibit 3 - Ordinance No. 2011-042
Exhibit 4 - Ordinance No. 2014-009
Exhibit 5 - Ordinance No. 2015-074
Exhibit 6 - Ordinance No. 2016-249
Exhibit 7 - EDP Board Member Roster
Exhibit 8 - Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
Term
Present
08/2013 2015-2017 09/2015 2015-2017 08/2016 2016-2018 05/2011 2015-2017 07/2011 2016-2018 09/2015 2015-2017 08/2016 2016-2018 08/2016 2016-2018
Original
Appointment
\]
C
\]\]
\[
CC
\[\[
Office
591-4007383-4006382-3962565-9015898-3201
320-5211
Telephone
368-7690391-7791 \[C\] 594-6225
591-8004 \[W\]
817/915-0568
---- 594-7717 \[C\] 08/2014 2015-2017 ---------------- 384-3210 12/2016 2016-2018 ---- 349-5444 08/2014 2016-2018 ---- 565-4307 03/2014 2016-2018 --------------------
Home
Telephone
EDP Board
2016-2017
unctions & responsibilities of the
Staff Liaison – Caroline Booth
Home/Work Address
d matters & no financial interest in matters at the Airport
in all or any one of the f
ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
City of Denton, 215 E. McKinney, 76201 gjohnson@v-re.com Peterbilt Motors Company, P.O. Box 90208, 76202 jim.fykes@paccar.com Denton Depot, 116 W. College St., 76201 lparker@dentondepot.com
City of Denton, 215 E. McKinney, 76201 joey.hawkins@cityofdenton.com Denton Regional Medical Center, 3535 S. I-35, 76210 steven.edgar@wesleymc.com First State Bank, 400 W. Oak, 76201
marty.rivers@f-s-b.com University of North Texas, P.O. Box 311425, 76203 neal.smatresk@unt.edu AccessBank Texas, 320 Eagle Drive #100, 76201 cbreedlove@a1stcb.com Meridian Bank, 1013
W. University, 76201 carrellann.simmons@meridianbanktexas.com 604 S. Elm Street, 76201 jbaines@johnbainescpa.com 437 Ridge Point, Lewisville, 75067 jmmy60707@yahoo.com Texas Woman’s
University, P. O. Box 425587, 76204 cfeyten@twu.edu
ity of Denton ad valorem or sales tax payer
Commerce (serving at time of appointment)
6
*
5
4
**
1
8
1
3
2
7
2
7
3
Member
Greg JohnsonJim FykesLarry ParkerJoey HawkinsSteven EdgarMarty RiversNeal SmatreskCleve BreedloveCarrell Ann SimmonsJohn BainesJimmy MejiaCarine Feyten
AllAllAllAllAllAllAllAllAllAllAllAll
Place
Council
one member nominated by the Hispanic Chamber of Commerce
two members of the Denton City Council (serving at time of appointment) two members of the Denton Chamber of two members associated with a top twenty C President of UNT or a designated
UNT faculty or staff member one member with knowledge/experience in general aviation-relate one member with specific knowledge skills and abilities to assist one member nominated by
the Denton Black Chamber of Commerce President of TWU or a designated TWU faculty or staff member
* Chair ** Vice Chair Members appointed for 2-year terms / Advisory Board NOTE: Board is made up of the following members: 123456778 Rev. February 9, 2017
June 13, 2017
Partnership Board
Economic Development
Economic Development
Caroline Booth
composition, and member terms of
,
Present information regarding the formation, responsibilitiesthe Economic Development Partnership Board
/ 8
Objective:
2
City and Chamber enter into an economic Creation of the Economic Development
Designs and recommends incentive policies to CouncilActs as the recommending body to Council for specific project incentivesReviews and recommends City and Chamber economic development
budgets to the City Manager and Chamber PresidentReviews and recommends annual work plans for the City and Chamber economic development programs
1986 development partnership2003 Partnership (EDP) Board
/ 8
Background
3
terms
members
the Chamber Board
serve out all three
appointment)
(Chamber Board
their original
members
(Council members may
)
officio members
-
on Council after
members
Established the EDP Board with 7 voting
20 City of Denton ad valorem or sales tax payers
-
if they are no longer
2 City Council even 2 Chamber Board of Directors may serve out all three terms even if they are no longer on after their original appointment 2 topPresident of UNTCity ManagerChamber
President
2003 members and two ex
/ 8
Ordinances
4
-
added Denton ISD Superintendent as a nonadded two members (Black Chamber and added TWU President as a member
2011 expanded the duties of the Board to include branding and marketing for Denton Municipal Airport2014 voting member2015 Hispanic Chamber)2016
Original ordinance amended 4 times
/ 8
Ordinances
5
)
currently two former Council members
large
(
-
members
UNT and TWU
of
20 City of Denton ad valorem or sales tax payers
-
voting members
-
2 City Council 2 Chamber Board of Directors members2 topPresidents 1 Denton Black Chamber & 1 Denton Hispanic Chamber1 general aviation & 1 atCity ManagerChamber of Commerce PresidentDISD
Superintendent
12 voting members3 non
/ 8
Current Composition
6
year terms
-
UNT/TWU exception: Presidents can serve unlimited terms
All voting members must live or work in the City of Denton and can serve up to three twoCity Council and Chamber Board appointees may serve out all three terms, even if they are no longer
in those positions after their original appointment, as long as they serve continuously throughout the three terms.
/ 8
Terms of Service
7
member Nominating
-
Caroline Booth
July: Council appoints a 3Committee (2 Councilmembers & 1 Chamber Board Member)Nominating Committee develops slate of nomineesAugust: Slate is presented to Council for its consideration
and vote
/ 8
Nominating Process
8
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-789,Version:1
AGENDA CAPTION
Receive a report, hold a discussion and provide direction regarding the procedure to assess the need and make
minor updates to the Mobility Plan and associated Roadway Component Map.
City of DentonPage 1 of 1Printed on 6/9/2017
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ ACM: Mario Canizares
Date: June 13, 2017
SUBJECT
Receive a report, hold a discussion and provide direction regarding the procedure to assess the need and
make minor updates to the Mobility Plan and associated Roadway Component Map.
BACKGROUND
The Mobility Plan including the associated Roadway Component Map is the guiding document for the
development of Denton’s street network. It is also listed as one of the City-wide Topical Plans in the
Denton Plan 2030 document. Denton Plan 2030 is the long-range plan for City of Denton growth,
development and redevelopment. The topical plans listed in Denton Plan 2030 pertain to specific subject
areas or aspects of the city’s functionality and are applicable city-wide.
At the local level for the City of Denton, the Mobility Plan is an integral part of the layout of streets
during the development review process. Also, the plan allows for the coordination of local roadway
extensions with TxDOT plans and improvements. Finally, the plan is the starting point for road projects
that make their way into the Capital Improvement Program.
At the regional level, the Mobility Plan provides the basis for the City’s priority projects to be included in
long range planning processes and possibly to be funded in partnerships with private developers,
NCTCOG, Denton County and TxDOT.
The Mobility Plan will not be realized as a result of a single decision or action. Rather, it is the
cumulative result of a number of decisions spanning various entities and years.
The Roadway Component Map part of the Mobility Plan is not meant to represent a precise geometrical
location of future street alignments in Denton. Instead, it is a layout of the street network used to identity
existing and future roadway connectivity needs and uses. Precise alignments of future roadways or the
expansion/extension of existing roadways will be determined as part of the final roadway design process.
Minor alignment differences between streets shown on the Roadway Component Map and the final
actually constructed roadways are not considered to represent nonconformance with the Mobility Plan.
Denton Plan 2030 describes processes for amending, monitoring and updating the plan and associated
topical plans. Denton Plan 2030 states that the plans should be evolving, working documents that will
guide the city in making decisions. Also, the plans should provide for reasonable flexibility in
interpretation, but to have relevance over time, they should be kept current but should not be subject to
continuous amendment as a result of developments in progress.
Denton Plan 2030 recommends major updates should be made to the Mobility Plan at least every five
years. That being the case, when it is deemed necessary, it is recommended that interim minor updates
associated with minor roadway alignment changes during the final roadway design process can be
incorporated through a process less extensive than is required for a major five-year update. This less
extensive process is recommended to include consideration and recommendation by the Mobility
Committee and then consideration, approval and adoption of ordinance by City Council.
OPTIONS
1.Recommend approval of the proposed minor update process for the Mobility Plan including the
Roadway Component Map.
2.Deny approval of the proposed minor update process for the Mobility Plan including the Roadway
Component Map.
RECOMMENDATION
Staff recommends approval of the minor update process for the Mobility Plan regarding minor roadway
alignment changes that occur during the final roadway design process. The minor update process is
recommended to include consideration and recommendation by the Mobility Committee and then
consideration, approval and adoption of ordinance by City Council.
ESTIMATED SCHEDULE OF PROJECT
Minor updates to the Mobility Plan including the Roadway Component Map will occur on an interim
basis as deemed necessary by staff.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Mobility Committee consideration on June 13, 2017.
FISCAL INFORMATION
N/A
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.2 Seek solutions to mobility demands and enhance connectivity
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Current 2015 Mobility Plan
Exhibit 3 Proposed Minor Update to the 2015 Mobility Plan
Respectfully submitted:
Chad A. Allen, P.E., C.F.M.
Interim City Engineer
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-774,Version:1
AGENDA CAPTION
DeliberationsregardingRealProperty-UnderTexasGovernmentCode,Section551.072;andConsultation
with Attorneys - Under Texas Government Code, Section 551.071.
Discuss,deliberateandreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe
potentialpurchaseofcertain18.969acretractoutoftheDavidHoughSurvey,AbstractNo.646,inDenton
County,Texas,andgenerallylocatedinthe2600blockofSouthMayhillRoad,Denton,Texas.Consultation
withtheCity’sattorneysregardinglegalissuesassociatedwiththepotentialacquisitionorreleaseofreal
propertyinterestsinthetractdescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflict
withthedutyoftheCity’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexas
DisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegal
positioninanyadministrativeproceedingorpotentiallitigation.(Optiontoacquire18.969acreDonnelly
remainder tract - Ordinance 1997-276 & Ordinance 1997-292)
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0001a,Version:1
AGENDA CAPTION
Holdthefirstoftwopublichearingsforavoluntaryannexationofapproximately118.041acresofland,
generally located north of McKinney Street and west of Trinity Road by the City of Denton, Texas.
City of DentonPage 1 of 1Printed on 6/9/2017
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: June 13, 2017
SUBJECT
Hold the first of two public hearings for a voluntary annexation of approximately 118.041 acres of land,
generally located north of McKinney Street and west of Trinity Road by the City of Denton, Texas.
BACKGROUND
The applicant, Brent Murphree, on behalf of the property owner, The Woodlands on McKinney St, LLC,
has submitted an annexation application to voluntarily annex the subject property. Located within DH-12
of the 2010 3-Year Annexation Plan, the subject property was initially scheduled for annexation in 2013.
However, on December 18, 2012, the City Council approved non-annexation agreements (NAAs) for the
subject properties. The NAAs are scheduled to expire on August 1, 2020 and the terms of the NAAs require
that the properties remain in agricultural land or be subject to immediate voluntary annexation.
In December 2016, the applicant held a Pre-Development Meeting (PDM) with ment
Review Committee to discuss development of the site as a manufactured housing development. As part of
the PDM, the applicant was informed that the proposed development would violate the terms of the NAAs
associated with subject properties and trigger immediate voluntary annexation. In March 2017, the
applicant submitted an annexation application and a zoning application to facilitate the proposed
manufactured housing development. The property owner is requesting to zone the property Neighborhood
Residential 6 (NR-6) District. This request is currently under review and will be brought forward after the
subject property is annexed into the city. The NR-6 District permits manufactured housing developments
with an approved Specific Use Permit (SUP) and meets the density requirement proposed by the applicant.
It is anticipated that the applicant will be submitting an SUP application for review soon.
The tentative schedule for this annexation is as follows:
st nd
May 23, 2017 - City Council meeting setting the 1and 2public hearing dates and authorizing
the publication of notice of the public hearings - Complete
st
June 13, 2017 - 1Public Hearing
nd
June 20, 2017 - 2Public Hearing
July 18, 2017 - First Reading of the Annexation Ordinance
July 19, 2017 - Publication of the Annexation Ordinance in the newspaper
August 22, 2017 - Second Reading and Adoption of the Annexation Ordinance
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Development Review Committee recommends approval of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 6, 2010, City Council adopted a 3-Year Annexation Plan for DH-12.
August 16, 2011, City Council approved a service plan for DH-12.
December 18, 2012, the City Council approved an NAA for the subject property through August 1, 2020.
st nd
May 23, 2017, the City Council adopted an ordinance setting the 1and 2public hearing dates
and authorizing the publication of notice of the public hearings.
STRATEGIC PLAN RELATIONSHIP
The City of Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Presentation
Respectfully submitted:
Munal Mauladad
Director of Development Services
Prepared by:
Ron Menguita, AICP
Long Range Planning Administrator
A17-0001
Site Location
426
"
)
03106201,240
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 4/6/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0001
Zoning
NRMU-12
NR-6
RD-5X
OIL
NR-2
NR-4
ETJ
NR-1
NR-3
NRMU
IC-G
426
"
)
03006001,200
Feet
SITEETJNR-4
µ
IC-GNR-6
Parcels
NR-1NRMU
Roads
NR-2NRMU-12
NR-3RD-5X
Date: 5/5/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0001
Planning Division
The Woodlands of McKinney Street
Ron Menguita –Development ServicesJune 13, 2017
of two public
first
Hold the hearings for a voluntary annexation of approximately 118.041 acres of land, generally located north of McKinney Street and west of Trinity Road.
2 / 4
Request
Manufactured Housing DevelopmentNeighborhood Residential 6 (NR-6)Maximum Density = 6 dwelling units per acreSpecific Use Permit
3 / 4
Proposed Development
Public Hearing
Public Hearing
stnd
June 13, 2017 -1June 20, 2017 -2July 18, 2017 -First Reading of the Annexation OrdinanceAugust 22, 2017 -Second Reading and Adoption of the Annexation Ordinance
4 / 4
Annexation Schedule
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0004a,Version:1
AGENDA CAPTION
Holdthefirstoftwopublichearingsforaninvoluntaryannexationofapproximately6.71acresofland,
generally located north of Brush Creek Road and east of Fort Worth Drive by the City of Denton, Texas.
City of DentonPage 1 of 1Printed on 6/9/2017
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
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AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: June 13, 2017
SUBJECT
Hold the first of two public hearings for an involuntary annexation of approximately 6.71 acres of land,
generally located north of Brush Creek Road and east of Fort Worth Drive by the City of Denton, Texas.
BACKGROUND
At the February 7, 2017 meeting, the City Council directed staff to pursue annexation of a 6.71 acre tract of
land generally located north of Brush Creek Road and east of Fort Worth Drive. The subject property is part
of a larger site, in total approximately an 18 acre site, of which the remaining portion of the site
(approximately 11 acres) is already located within the City of Denton. The property owner is proposing a
commercial and multi-family development on the entire 18 acre site. The portion of the site currently within
the City limits is zoned Neighborhood Residential 1 (NR-1) District, in which neither one of the proposed
developments by the property owner is permitted. Therefore, the existing portion of the site within the City
would have to be rezoned and the proposed 6.71-acre annexed property would have to be zoned. Based on the
Future Land Use Map, the area is designated as Neighborhood Mixed Use.
On March 7, 2017, the property owner was sent a certified letter notifying of the City intent to annex the
remaining 6.71 acre tract of property because the proposed development meets the Citys criteria for
annexation. The proposed development:
will require connection to City public services;
is within the City Certificate of Convenience and Necessity boundary for water, sewer, and electric
services;
is partially in the City limits and in the CityTJ; and
will have a significant impact upon the City in terms of service costs, increased traffic, and utility
needs.
In reviewing the proposed annexation, staff considered the following:
1. The ability of the city to provide infrastructure and public services equal to other comparable areas
inside the city limits.
Water service for this site would require extension of an 8-inch main along Brush Creek Road
to applic southwest property corner (approximately 550 feet). An extension of gravity
wastewater service to this site would be required.
DME has a main line circuit US 377 (Fort Worth Drive) right-of-way near the property.
Solid Waste will add this property to existing routes.
Policing of the subject site would comply with required response times.
2. Thereliability,capacity,andfuturepubliccost,ifany,ofcurrentandplannedprovisions
for community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and permitting
and funding will be the responsibility of the developer.
3. The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and design
standards in the Denton Development Code (DDC), minimizing the impacts of the proposed
commercial and multifamily development on adjacent neighborhoods.
4. Conformance with the Land Use Element of the Citycomprehensive plan.
The subject property is located in the transition area between the area designated as Neighborhood
Mixed Use (along Fort Worth Drive), and the area designated as Rural Areas (located in the ETJ).
The proposed mixed use development with both commercial and multifamily components complies
with this designation.
5. Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6. The property meets the minimum requirements for annexation in accordance with state law.
The property complies with all minimum requirements for annexation as set forth by the Texas Local
Government Code as stated in Chapter 43, Subchapter C-1, Annexation Procedure for Areas
Exempted from Municipal Annexation Plan.
The property owner did not respond to the City annexation notification and as a result, Staff initiated
the involuntary annexation proceedings in accordance with state law. After continued effort to contact
the property owner, Staff met with the property owner to discuss the annexation process. The property
owner stated that he is not in favor of the annexation.
The tentative schedule for this annexation is as follows:
stnd
May 23, 2017 - City Council meeting setting the 1 and 2 public hearing dates and authorizing
the publication of notice of the public hearings - Complete
st
June 13, 2017 1 Public Hearing
nd
June 20, 2017 2 Public Hearing
July 18, 2017 First Reading of the Annexation Ordinance
July 19, 2017 Publication of the Annexation Ordinance in the newspaper
August 22, 2017 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 7, 2017, the City Council directed staff to pursue annexation of the subject.
stnd
OnMay 23, 2017, the City Council approved the 1 and 2 public hearing dates and authorized the
publication of notice of the public hearings.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Draft Ordinance
5. Staff Presentation
Respectfully submitted:
Munal Mauladad
Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner
A17-0004
Location Map
ALLRED
BRUSH CREEK
0125250500
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 5/2/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0004
Zoning Map
RD-5X
ALLRED
NRMU
NR-6
ETJ
NR-1
BRUSH CREEK
NR-2
0125250500
Feet
SITEETJNR-6COD
µ
NR-1NRMUETJ
Parcels
NR-2RD-5XNAA 8/1/20
Roads
Date: 5/2/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0004
June 13, 2017
Mixed Use Property
Planning Division
Ron Menguita -Development Services
of two public
first
Hold the hearings for an involuntary annexation of approximately 6.71 acres of land, generally located north of Brush Creek Road and east of Fort Worth Drive by the City of Denton, Texas.
2 / 3
Request
Public Hearing
Public Hearing
stnd
June 13, 2017 -1June 20, 2017 -2July 18, 2017 -First Reading of the Annexation OrdinanceAugust 22, 2017 -Second Reading and Adoption of the Annexation Ordinance
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Annexation Schedule