HomeMy WebLinkAbout032219 Friday Staff Report
City Manager’s Office
215 E. McKinney St., Denton, TX 76201 (940) 349-8307
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MEMORANDUM
DATE: March 22, 2019
TO: The Honorable Mayor Watts and Council Members
FROM: Todd Hileman, City Manager
SUBJECT: Friday Staff Report
I. Council Schedule
A. Meetings
1. Zoning Board of Adjustment Meeting on Monday, March 25, 2019 at 4:00
p.m. in the City Hall Conference Room.
2. Public Utilities Board Meeting on Monday, March 25 2019 at 6:00 p.m. in
the City Council Work Session Room.
3. City Council Airport Committee Meeting on Tuesday, March 26, 2019 at
10:00 a.m. in the City Hall Conference Room.
4. Work Session of the City Council on Tuesday, March 26, 2019 at 12:00
p.m. in the City Council Work Session Room.
5. Development Code Review Committee Meeting on Wednesday, March 27,
2019 at 11:00 a.m. in the City Council Work Session Room.
6. Agenda Committee Meeting Wednesday, March 27, 2019 at 2:30 p.m. in
the City Manager’s Conference Room.
7. Community Development Advisory Committee Meeting on Thursday,
March 28, 2019 at 5:00 p.m. in the Second Floor Conference Room at City
Hall East, 601 E. Hickory Street.
B. Upcoming Events
1. CANCELLED - Great American Cleanup, Saturday, March 23, 2019 from
9:00 a.m. - 11:00 a.m. Volunteer After Party at 11:00 a.m. at the Civic
Center.
2. Serve Denton 7th Annual Celebration, Saturday, March 30, 2019 at 6:30
p.m. at Embassy Suites
3. NAACP Banquet, Saturday, March 30, 2019 at 6:30 p.m. at the MLK
Center.
II. General Information & Status Update
A. City Hall Exterior Lighting Improvements – Based on concerns raised by a
resident, Facilities Management staff implemented lighting improvements around
the exterior of City Hall (see attached photos). The improvements include
retrofitting exterior lights with LED lights and adding secondary bulbs in each
fixture. Staff also added and additional 16 LED double spotlights on wooden
trellis with one bulb shining in and one shining out. Staff will continue to make
lighting improvements including adding three additional light poles to match park
lighting down the east/west walkway between front parking lots. We anticipate
completion of the project prior to Jazz Fest and will continue to work with DME
on a solution to change out dusk to dawn parking lot lighting with LEDs. Staff
contact: Mario Canizares, City Manager’s Office.
B. Kings Row Substation Community Garden Update – During the March 21 City
Council meeting, Council Member Briggs requested an update on using the former
site of the Kings Row Substation as a community garden. Attached are two
Informal Staff Reports (ISR) that have been produced to describe the potential use
of retired substation property, including the former site of the Kings Row
Substation. To-date, all information in the previous ISRs remains valid. The
former Kings Row Substation remains the only substation that is actually out of
service. At the Kings Row location, all of the above ground large de-energized
equipment remains on-site. DME’s Substation Superintendent has initiated work
to clear the Kings Row site. Substation staff have removed the majority of the
overhead electrical components and are developing a plan to disassemble the steel
structures at the site in-between other large CIP projects. Once the majority of
equipment has been disassembled, DME will work with the Procurement &
Compliance Department to arrange an auction or online sale of the large
equipment to any interested party that desires to purchase these items and haul
offsite. Staff will continue to provide status updates as additional progress is made.
Staff contact: Brent Heath, Denton Municipal Electric.
C. North Lakes Park Cleanup – As was referenced in the March 8 Friday Report,
Parks and Recreation staff contracted with Freedom Services of Denton, Texas, to
conduct a cleanup of litter from a former encampment site in North Lakes Park.
Site cleanup took place on Monday, March 18 from 9:00 a.m. - 1:00 p.m. and
required more than ten staff members to complete. A total of 2.79 tons of trash
was removed from the former encampment. Staff will continue to monitor the park
for additional outreach and cleanup needs. Attached are before and after photos
from site cleanup. Staff contact: Gary Packan, Parks and Recreation
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D. Rayzor Ranch Economic Development Incentives – Staff was recently asked to
provide information on whether the recent sale of Rayzor Ranch Town Center to
Fidelis Realty Partners would impact economic development incentive agreements
for the development. The Chapter 380 incentive agreement with Allegiance
GL/RED allows for the assignment of the incentive. The majority of the City of
Denton’s retail development incentives (Denton Crossing, Unicorn Lake, and
Rayzor Ranch) have assignment clauses because the sale of such developments is
a common practice in the retail industry. Staff contact: Caroline Booth, Economic
Development
E. Windsor Drive Apartments (S18-0008) – The reconsideration of the requested
Specific Use Permit for the Windsor Drive Apartments (S18-0008) is scheduled
for the Apr. 2 Council meeting with new public hearing notification sent to
surrounding properties. In anticipation of the upcoming reconsideration, the
applicant has presented staff with a general concept for a revised site layout that
would reduce the number of buildings from 16 to 12 but would retain roughly the
same number of units. A detailed plan with square footages, revised lot coverage
and landscape calculations, and unit mix has not been submitted to staff to enable
a full analysis of the proposed changes. At the Apr. 2 meeting, staff will be
presenting the original request for reconsideration and not the proposed revisions.
After consultation with the City Attorney’s office, staff has determined that the
magnitude of changes proposed merits a new SUP request. The new request would
need to be submitted for staff review and then go to public hearing before both the
Planning and Zoning Commission and City Council. A reconsideration allows the
Council to hear the same exact item it heard previously. Given the significant
changes the applicant has made, it is no longer the same item Council or P&Z
reviewed, and thus, Staff and Legal believe the request should restart the process.
Staff contact: Hayley Zagurski, Development Services
F. TWU/City of Denton Quarterly Meeting – On Thursday, March 21 a cross-
departmental team of City staff met with Chancellor Feyten and several members
of the TWU executive leadership team. During that meeting, staff discussed use
of the recently opened Oakland Parking Garage for community events. The garage
is open to the public after 6:00 p.m. on weekdays and open all day on weekends
for public use barring any special events at the university. Given the proximity of
the new garage to the Civic Center and downtown, it could be used to help alleviate
constraints in the downtown area during community events. TWU staff expressed
an openness to having the Oakland Parking Garage advertised as public parking
for community events as long as City staff coordinate with them to confirm there
are no conflicts with planned activities at the University. Staff also discussed
potential future polling locations on the TWU campus. TWU staff will coordinate
the identification of potential polling locations with the City Secretary’s Office
starting this fall in preparation for the May 2020 municipal election. The final item
discussed was potential traffic calming along Bell Avenue to address increased
pedestrian traffic following the completion of the new food hall and dormitories
on TWU’s campus. Staff will present a work session on traffic calming plans in
early fall 2019. Staff contact: Rachel Wood, City Manager’s Office
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G. Preservation Denton – DTV teamed up with the Roman McAllen, the City’s
Historic Preservation Officer, to produce the latest episode of Preservation
Denton. Roman sits down with JoAnn and Walter “Salty” Rishel, owners of the
James Newton and Eva Tabor Rayzor House. Learn about the influential family
and their Prairie Style home on Oak Street, built in 1910. The City’s production,
Preservation Denton, is a historical look inside some of the interesting homes,
buildings, and public spaces in our city. Video link:
https://youtu.be/110inzCDiBE. Staff contact: Billy Matthews, DTV
H. Denton Service Center Rezoning and Improvements – On Feb. 20, 2019, the
Planning & Zoning Commission heard a City-initiated rezoning request for the
Service Center site. During the public hearing, residents living in the neighborhood
adjacent to the Service Center expressed concerns about noise, lights, and traffic
associated with the site. In response, staff developed potential solutions for these
issues. One near-term solution is to provide buffering around the edges of the site,
to screen the neighborhood from the visual and noise impacts of the Service
Center. The Parks and Recreation Department has developed a concept plan for a
combination of wood fencing and landscaping to be installed on the boundaries of
the site where Service Center activity is closest to surrounding residents (see
attached exhibits). On Mar. 18, a neighborhood meeting was held where this
concept plan was presented by members of staff to the neighbors in attendance.
The neighbors were supportive of the proposed buffer and other site
improvements. This City-initiated rezoning request is scheduled for the Apr. 2 City
Council meeting, where the City is proposing to move forward with the installation
of a fence and landscape buffer at the Service Center site. Staff contact: Mario
Canizares, City Manager’s Office
I. Drought Contingency Plan Public Meeting – On March 18, Council Member
Meltzer requested information about the materials presented at the Thursday,
March 14 Water Conservation and Drought Contingency Plan Public Meeting. The
attached power point presentation was prepared to present at the meeting, and the
last page of the presentation was available as a handout. There were no public
attendees at the meeting which was held from 6:00 p.m. to 8:00 p.m. at the Denton
Civic Center. The Texas Commission on Environmental Quality (TCEQ) requires
a revised and adopted Water Conservation and Drought Contingency Plan every
five years. Informal Staff Report No. 2019-040, which was included in the March
8, 2019 Friday Report, contains additional information about the Plan. Staff
contact: Tyler Dawson, Utilities
J. Signs for Construction – Council Member Meltzer asked about the possibility of
posting signage at the site of street construction projects to notify motorists of the
future planned project. The concern with posting information too far in advance
about a project that is still in the planning phase is that the construction schedule
is very fluid based on contractor scheduling, material availability, and as staff fine-
tunes the schedule to most efficiently utilize resources. Staff currently places
emphasis on www.improvingdenton.com to provide residents with the most up-
to-date project status information, and a list of upcoming road and utility projects
are also listed on the website. This information was also included in the 2019
Construction Update which was mailed to all residents in January 2019. These
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construction updates will be included in each future edition of the bi-monthly
Resident Update. When the construction plan has been finalized and work has been
scheduled for a project, Capital Projects and Public Affairs staff coordinate public
information and complete the following prior to the start of construction:
Mailings: Generally, for planned construction, letters with project specific
and contact information are mailed to residents and property owners likely
to be impacted no less than 1-2 weeks before the start of a construction
project.
Website: Improving Denton is the City’s digital hub for planned
construction. As scheduling or project scopes change, updates are shared
bi-weekly.
Social Media: Neighborhood targeted construction alerts are sent through
the City’s Nextdoor account. For high impact projects, alerts may be sent
out on all social media platforms.
Street Construction Map and Report: Upcoming and current construction
projects details, scopes, and staff contact information is shared on the
Street Construction GIS map. The map is automated to update daily. The
Street Construction Report (SCR) is updated and published weekly under
construction information on the Improving Denton website with the
recently completed, current, and upcoming projects for all departments.
Email Notifications: Updates or developments for capital projects,
regional mobility projects, and/or those that have significant impacts to
traffic, email alerts are sent to Improving Denton subscribers.
In the event of emergency or unplanned construction, Public Affairs and Capital
Projects work together to notify impacted residents directly as soon as they are
able. Depending on the overall scope of this type of construction, information may
also be posted on social media and distributed through email to subscribers of the
Improving Denton mailing list. Staff contact: Jessica Rogers, Public Affairs
K. Staff Monitoring of Social Media – On March 13, Council Member Meltzer asked
whether City staff could scan certain Denton related Facebook groups to clarify
recycling information within those groups. Currently, if a staff member chooses to
participate in these private groups, they do so as a private citizen rather than in an
official City capacity. The reason for this is that all interactions about city business
that takes place in these groups by someone acting as an official of the City would
need to meet open records archiving requirements. Due to the private nature of
these groups and that members of the group may not know their interactions would
be subject to open records requests, it is not recommended that representatives of
the City participate in this manner. Instead, we encourage all questions, comments
and requests to be sent through official City channels including the official City of
Denton social media channels, Engage Denton, website, email, phone, and in-
person visits. Staff contact, Sarah Kuechler, Public Affairs
L. Upcoming Sustainability Workshops – On March 27, the South Branch Library
will host a Pots in Small Spots Gardening Class from 6:00 p.m. to 8:00 p.m. The
is a partnership between the City of Denton and Agrilife University to teach best
practices for growing plants in small spaces. This class is free and open to
everyone in the community. On March 30, the Clear Creek Natural Heritage
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Center will host a Seed Swap from 10:00 a.m. to 12:00 p.m. Clear Creek is
partnering with the Emily Fowler Seed Library, Denton County Master Gardeners,
Native Plant Society, UNT Community Garden, UNT Save the Bees and any other
groups that would like to participate to provide community members the
opportunity to swap or pick up free seeds. This event will serve as a great
opportunity for citizens to gain access to free native plant seeds, as well as, get the
opportunity to engage with local experts on the seeds. During the event we will
also be partnering with The Great Seed Bomb to teach people how to properly
make a seed ball that will help support pollinators. Additionally, individuals can
earn a Honey Run t-shirt simply by signing up and walking the trails (while
supplies last). Staff contact: Katherine Barnett, Sustainability
M. Farmers’ Market Fees – Chapter 13 of the City of Denton’s Code of Ordinances
includes amendments to Texas Food Establishment Rules (Texas Administrative
Code (TAC) Chapter 229 Subchapter FF entitled “Farmers’ Market”) with minor
modifications to meet the specific needs of our community. The TAC provides the
authority for local health departments to issue permits to individuals selling
produce and other food products directly to consumers at farmers' or community
markets. Current fees for farmers’ market permits are $40 per month or $240 for
a full year, attached is an application outlining vendor requirements. These fees
cover the processing of the application, an initial inspection of the food vendor,
and random inspections from April through November. Inspections are intended
to ensure the safety of the food that is being sold by the vendors and is very similar
to a temporary food establishment permit that may be used at an event like the Arts
& Jazz Festival. During inspections, cooked foods are monitored for proper
equipment, temperature control, food handling, etc. Eggs and frozen meats are
inspected for USDA approval stamps to ensure the vendors are following federal
requirements related to food processing and also that the proper temperature is
being maintained. Staff contact: Caroline Booth, Economic Development
N. Chlorine in Water – On March 18, Council Member Meltzer requested information
about chemical safety at Denton’s two water treatment plants following a recent
accidental chemical release from a Birmingham, AL water treatment plant.
Denton does store chemicals in high concentration for use in the water treatment
process, and extensive safety mechanisms have been put in place to prevent
dangerous chemical release. Denton has designed its chemical treatment process
to meet the needs of the surrounding area, including specific environmental risk
considerations, leading to different on-site chemicals at each plant. At the Spencer
Road plant, a costlier method of chlorine disinfection is used to avoid risk of
chlorine exposure to the surrounding area. Many years ago, staff at the wastewater
treatment plant discontinued the use of chlorine gas for disinfection and
implemented a system that disinfects using ultra-violet light. Small quantities of
chlorine liquid are still used to meet the minimum disinfection required for the
water reuse program. In all cases, chemical storage spaces include protective
processes which take over if a chemical release is detected, ensuring that the
chemical is contained to prevent environmental exposure.
At every location that stores these chemicals, mechanical systems are in place to
prevent unplanned releases of harmful chemicals. Some components detect
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unusual chemical levels while others contain or render chemicals inert upon
detection. Maintenance programs are in place to inspections and service critical
components, such as tank walls, isolation valves, and ventilation systems, to
ensure normal operation. In Birmingham, AL, the recent chlorine release was
caused by a chemical delivery driver connecting his supply to the wrong tank,
causing two incompatible chemicals to mix and release chlorine gas. While these
two chemicals exist at the plant on Spencer Road., the plant has protocol in place
to keep all connections to chemical tanks locked so that delivery drivers cannot
introduce chemicals without a plant operator verifying the identity of the chemical
being delivered and ensuring it is connected to the appropriate tank. Furthermore,
these two tanks are physically separated to avoid mixing if an accidental release
was to occur. Birmingham has announced that they will implement similar
protocol to prevent recurrence of this scenario in the future. Staff contact: Tyler
Dawson, Utilities
O. UWDC Awarded Grant to Fight Homelessness – On March 19, the United Way
of Denton County (UWDC) announced that they were awarded a first-time grant
of $123,926 to improve coordination of homeless services and communication
between providers in Denton County, as well as support continued expansion of
the Coordinated Entry System. Please see the attached press release for more
information. With grant funding available, this may impact UWDC’s funding
request to the City of Denton for FY 19-20 for the Housing Navigator position.
More information and discussion will take place during an upcoming work session
on homeless initiatives with City Council. Staff contact: Sarah Kuechler/Dani
Shaw, Community Development
P. Curb Painting Near Fire Hydrants – At the request of a resident, Council Member
Hudspeth sought information from staff on the impact that curb painting may have
on residents parking near fire hydrants. It is illegal to park within 15 feet of a fire
hydrant in the City of Denton. Staff conducted a review of the fire hydrants within
the city and the costs to paint the curb of each hydrant. With 5,490 hydrants in the
city and a cost of $80 to paint a total of 30 feet of curb for each hydrant (a recurring
cost that is incurred every other year), the cost to paint every curb is significant.
As a result, staff is piloting a curb painting program in five high-violation locations
across the City. Staff will paint the curb on each side of the hydrant and evaluate
if the number of parking violations at that location is reduced. If the number of
violations is positively impacted, staff will explore expanding curb paintings to
other high-violation hydrants. The five locations are at 600 E. Hickory Street,
1000 N. Austin Street, 1200 N. Austin Street, 900 Collier Street, and 2100 Stella
Street (a map is attached). The 1200 N. Austin location is primary hydrant of
concern to the resident who made the original request to Council Member
Hudspeth. At the completion of our pilot program, staff will update the Council
on the results. Staff contact: Daniel Kremer, Capital Projects
Q. School Speed Limit Reduction – Subsequent to a resident request, Council
Member Armintor inquired as to if the City can reduce the speed limit in school
zones from 30 mph to 20 mph. Currently, all school speed zones are restricted to
30 mph, or 20 mph during the morning and afternoon school hours when signs are
flashing. Many zones also have yellow advisory signs that encourage a 20 mph
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speed at all times throughout the day. These signs, however, are unenforceable
and the law applies to only the white, 30 mph signs. Section 18-72 of the City
Code grants the city the authority to reduce the permanent speed limit within a
school zone to 20 mph, however any change in the enforceable speed limit requires
a speed study be performed. Staff contact: Pritam Deshmukh, Capital Projects.
R. 2018 Annual Traffic Contact Report – In accordance with the Texas Racial
Profiling Law, the Denton Police Department has collected traffic and motor
vehicle data for the purpose of identifying and addressing, if necessary, areas of
concern regarding racial profiling practices. The attached 2018 Annual Traffic
Contact Report includes a detailed statistical analysis related to contacts made
during motor vehicle stops as well as copies of relevant state law and departmental
policies related to the topic of racial profiling. The analysis confirms there is no
evidence that officers of the Denton Police Department engaged in racial profiling
in 2018. Staff contact: Chief Frank Dixon, Police.
S. Parking Obstructing Traffic Views at N. Austin/Oakland – On March 20, Council
Member Hudspeth informed staff of a resident concern related to on street parking
at the intersection of N. Austin Street and Oakland Street. The complaint
described difficulty for drivers on N. Austin Street to see oncoming traffic on
Oakland Street because of vehicles parked on the side of both streets near the
intersection. A video submitted by the resident and our own staff observation
confirmed this problem. In investigating the issue, staff found two opportunities
to improve the situation. First, this area will be added to the regular rotation for
parking enforcement, with an emphasis on enforcing violations at the intersection
that impacts safety. Second, Capital Projects will be evaluating possible signage
enhancements to that location, including “No Parking” signs and investigate the
feasibility of creating a 4-way stop at the intersection. Staff estimates that a
significant portion of the parking violators are TWU students. As a result, staff
will also be coordinating with TWU to communicate parking restrictions near the
campus to their student body. Staff contacts: Chief Frank Dixon, Police and
Daniel Kremer, Capital Projects
T. Denton Community Job Fair – City of Denton Economic Development, Workforce
Solutions of North Central Texas, North Central Texas College, United Way of
Denton County, Denton Chamber of Commerce and Denton ISD are partnering
again to host the third Denton Community Job Fair on Thursday, March 28, from
10:00 a.m. to 2:00 p.m. at Denton Civic Center. Peterbilt, U.S. Cold Storage,
WinCo, Safran (Labinal), Flowers Baking, Fastenal, University Behavioral Health
Hospital/Mayday Hospital, City of Denton, UNT, TWU, and Denton ISD will be
joined by 40 more employers in seeking to staff full-time, part-time, and seasonal
positions. Workforce Solutions of North Central Texas’ Mobile Career Bus will
be on site to provide resume assistance/printing, mock interview strategies,
bilingual assistance, and job fair tips to job seekers. In addition to the job seekers
anticipated to attend the event, Denton ISD will bus an estimated 100 high school
juniors and seniors taking career and technology classes to participate in the event.
The Denton Community Job Fair partnership plans to host a spring and early fall
job fair each year. Staff contact: Caroline Booth, Economic Development
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U. New Business Conference Set for April 12 - FlintConf 2019 invites creatives
(hipsters), techies (hackers), and entrepreneurs (hustlers) to take part in a one-day
conference in Denton aimed at enabling those pursuing their passion through their
work. FlintConf will be held at Stoke Denton on April 12 from 8:00 a.m. to 5:00
p.m. with a post-event happy hour for attendees at Armadillo Ale Works. With the
goal of supporting and strengthening the business community’s efforts, Stoke, the
Greater Denton Arts Council, TechMill, and City of Denton Economic
Development planned FlintConf to suit the needs of North Texans with
entrepreneurial spirit, providing them with the essentials applicable to all types
and stages of business. Individuals who would benefit from FlintConf include
designers, makers, and artists; web developers, engineers, and technologists; and
entrepreneurs, small business owners, and business developers. Though the
backgrounds and skill sets for these groups differ, similarities exist in having
fundamental, foundational knowledge, navigating steps in the build/growth cycle,
and keeping sight of and reaching end goals. Knowledge themes for these groups
include:
Articulating what you do and why with branding and marketing to attract
customers and clients;
Business planning and structuring;
Valuing and pricing your time, products, and services;
Understanding funding options for launch and growth; and
Maintaining a work-life balance and avoiding burnout
FlintConf will offer sessions and break out discussions that cover the above
through presentations on lean principles for starting and sustaining your business,
developing and telling one’s brand story, sharing that brand story through
marketing, types of funding and how to distinguish and acquire it, and more. At
the end of the conference, FlintConf attendees will have learned concepts and
strategies to apply to their own pursuits from speakers with experience in failing
fast, recovering, and ultimately succeeding and made connections with fellow
conference attendees. Staff from Economic Development and the North Branch
Library will participate as resource providers for attendees. For more information,
email info@stokedenton.com or call 940-268-5374. Staff contact: Caroline Booth,
Economic Development
V. Great American Cleanup Cancelled –The Great American Cleanup and Volunteer
After Party, which was scheduled for March 23 has been cancelled due to forecasts
for inclement weather. Staff is currently making arrangements for an alternate date
to conduct the cleanup. Additional details will be provided after the new
arrangements have been made, staff will also contact all registered participants to
make them aware of the revised date. Staff contact: Julie Anderson, KDB
III. Upcoming Community Events and Meetings
A. Events
1. No events to report.
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B. Community Meetings
1. Denton Square Design Standards and Guidelines Public Meeting – Monday,
March 25, from 6:00 p.m. to 8:00 pm. at Development Services Building
(215 E. Hickory St.); Staff contact: Sean Jacobson, Development Services
2. Mountain Bike Focus Group Meeting – Monday, March 25, 2019 at 6:00
p.m.in the Community Room at the Denton Civic Center (321 E. McKinney
St.); Staff contact: Gary Packan, Parks and Recreation
3. TxDOT Loop 288 Public Meeting – Thursday, March 28, 2019 at 6:00 p.m.
at McMath Middle School (1900 Jason Dr.); Staff contact: Mario Canizares,
City Manager’s Office
4. TxDOT I35 Public Meeting – Thursday, April 4, 2019 at 6:00 p.m. at
Sanger High School (100 Indian Lane, Sanger, TX); Staff contact: Mario
Canizares, City Manager’s Office
5. Pecan Creek Sidewalk Public Meeting – Thursday, April 11, from 6:00 p.m.
to 8:00 p.m. at Pecan Creek Elementary School (4400 Lakeview Blvd.); Staff
contact: Pritam Deshmukh
IV. Attachments
A. City Hall Lighting Photos ......................................................................................12
B. 2017-026 Retired Substations ................................................................................16
C. 2018-066 Retired Substations ................................................................................22
D. North Lakes Park Cleanup Photos .........................................................................31
E. Service Center Improvements Conceptual Design ................................................34
F. Water Conservation and Drought Contingency Plan Presentation ........................37
G. Farmers’ Market Application .................................................................................46
H. UWDC Grant to Fight Homelessness Press Release .............................................50
I. Curb Painting Pilot Location .................................................................................52
J. 2018 Annual Traffic Contact Report .....................................................................53
V. Informal Staff Reports
A. 2019-054 Georgetown, TX Power Supply...........................................................106
B. 2019-055 Outdoor Music and Noise Ordinance ..................................................149
C. 2019-056 Robson Ranch Wastewater Diversion Agreements .............................151
D. 2019-057 Landfill Expansion Permit Update ......................................................154
E. 2019-058 Sales Tax on Remote (Internet) Sales ..................................................164
VI. Council Information
A. Council Meeting Requests for Information ........................................................187
B. Other Council Requests for Information ............................................................188
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C. Draft Agenda April 1 ..........................................................................................190
D. Draft Agenda for April 2 ....................................................................................191
E. Council Calendar ................................................................................................196
F. Future Work Session Items ................................................................................199
G. Street Construction Report .................................................................................200
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Date: April 28, 2017
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
CTTR_1F,C'T
Report No. 2017-026
Council Member Briggs requested information on a process to review potential land use options for
retired electric substation sites.
BACKGROUND:
At the March 21, 2017 Council meeting, Council Member Briggs requested a work session on
determining a process to review old substation sites and possible land use options. DME's Capital
Improvement Program has several projects to construct new substations or reconstruct existing
substations during the transmission system upgrade from 69kV to 138kV, which began in 2011 and
will continue through 2022.
DISCUSSION:
There are a few potential substation sites where land reuse could occur in the future due to the new
construction or reconstruction. Most of these sites are in various stages of the design and construction
process, and old sites that have recently been de -energized are still needed operationally and logistically
for the staging of equipment and/or back-up operations until the transmission system upgrade project
progresses closer to completion. This memo will provide a brief description of potential sites where
land may be available for reuse and discuss general steps and guidelines for a process.
Potential Sites
There are two substation sites that will be newly constructed at a separate location and their respective
old substation sites may no longer be necessary to DME. The first site is Kings Row substation
Attachment 1). The new Kings Row substation (at the corner of Kings Row and Loop 288) is fully
operational and the old site to the west on Kings Row Street was de -energized in late 2016. Although
the old site has recently become inactive, a few steps need to take place before it is fully
decommissioned, no longer useful, and can be considered for other uses. The old site is an important
staging site for materials and equipment for the conversion of the entire transmission system to 138kV,
until at least 2-3 years out when the project progresses closer to completion.
The second new construction substation where the old site may no longer be necessary is the Hickory
substation (Attachment 2). The new Hickory substation was selected to be constructed on a site directly
across the street from the existing Hickory substation, across Bonnie Brae Street to the East. This
project is in the GIS substation and UG Transmission design phase and the new Hickory Substation
will not be online and operational until 2020.
In addition to those two new construction sites, there are a few substation sites being reconstructed,
which could open partial land segments for repurposing or other landscaping or beautification efforts.
However, the exact site design and configuration may not be known until the sites are through the entire
process with a plat, design, environmental assessment, land acquisition, permit, and construction.
Variables through this process may influence if, and how much land, is available or no longer useful.
The following are the potential reconstruction substation sites where partial land may be available:
Locust, North Lakes, Arco, Industrial, and Jim Christal (Attachment 3).
pg. 1
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Date: April 28, 2017 Report No. 2017-026
Steps to Retire a Site and Potential Process for Reuse
Although these old substation sites may become inactive, they may be necessary in the interim to serve
as a staging area for the system upgrade project, to provide back-up if required, or may contain other
equipment owned and operated by TMPA where removal and proper asset retirement must be
coordinated. The below description generally outlines a process to decommission a substation site once
it is no longer required for electric operations and how the property could be considered for other uses.
1. Sale, Disposal, and Removal of Assets — DME will work with the City's Accounting and
Purchasing Department to properly and legally retire and dispose of the older assets that are no
longer required nor useful to the City. All of the large and heavy equipment such as Power
Transformers, Switchgear, Control Building, and Structural Steel remain on site after a
substation is de -energized. Very large and heavy items such as the Power Transformers and
Control Buildings are not easily moved, and will go through either an RFP process or Auction
process for disposal and removal from this site by the awarded party.
2. Environmental Assessment — When the City purchases or sells property, an environmental
assessment must be performed by an independent professional, and staff recommends the same
process be undertaken if these sites are to be used for other purposes. Generally, there are two
phases to an environmental assessment. The first phase is a preliminary assessment by a
qualified individual to analyze historical land use of the property, current use, assessment of
what is on the property or around the property, and a number of other factors to make a
determination if there is a Recognized Environmental Condition ("REC") indicating the
possibility of contamination. If a REC determination is made, there is a second phase to perform
sampling and testing. This sampling and testing depends on the RECs, but often includes soil
and shallow ground water testing. Samples are sent to a lab to test for contaminants, and the
results are compared to either residential or commercial standards depending on the anticipated
future land uses. If contaminants are found, a plan is developed to remediate the site to
acceptable standards.
3. Potential Uses — Concurrent with the first two steps, staff can perform an analysis of each site
looking at its past uses, location, size, configuration, public access, public safety considerations,
adjacent and neighboring properties, nearby amenities, and so forth, and provide options for
consideration depending upon the features of each site. Generally, staff believes a site could (1)
become a public space (such as a park, open space, landscaped area, community garden, or tree
stand), (2) be maintained by the City for other operational purposes, or (3) be offered for sale
adjacent land owners may have interest). Because of the differences between each site,
potential uses could vary; however, most of the sites are small and are more likely to be
compatible for an open space, landscaped area, community garden, or tree stand. The analysis
and options could be used to then facilitate potential site repurposing discussions and gathering
of citizen and neighborhood input and ideas.
4. Citizen and Neighborhood Involvement — After assets are removed and an environmental
assessment and remediation (if needed) is completed, staff could facilitate site repurposing
discussions for potential uses led by the Community Affairs Division and DME. A similar
method to DME's use of public input received through the electric site and route selection
processes for the CIP program could be used to gather citizen ideas, through citizen mailings,
IVR phone calls, and formally scheduled public Open Houses for each of the surrounding
Mai
17
Date: April 28, 2017 Report No. 2017-026
neighborhoods. All citizen input and recommendations could be collected through electronic
surveys that would be filled out at each public open house and for several weeks subsequent to
each public open house meetings. The citizen survey data could be analyzed to help provide
both the Public Utilities Board and the City Council possible ideas and recommendations based
upon the most favorable citizen ideas and input. Any options presented would include public
input received, actions and funding required (both one-time and ongoing), and review of land
use compatibility and zoning regulations.
CONCLUSION:
DME has primarily focused its resources on safely and reliably completing all of the approved projects
included in the substation and transmission line upgrade program, but plans to shift resources as the
program progresses to fully decommission the old sites and equipment. Staff respectfully requests to
come back to Council within the next 18-24 months to provide an update on DME's CIP program with
a status on each of these potential sites and a proposed process including a timeline and resources to
review property that will be no longer useful nor necessary for electric operations.
ATTACHMENTS:
1. Map of Kings Row substation
2. Map of Hickory substation
3. Map of various reconstruction substations
STAFF CONTACT:
Phil Williams
General Manager
Denton Municipal Electric
Rhil.williams cTcityofdenton.com
940) 349-8356
Sarah Kuechler
Assistant to the City Manager
sarah.kuechler&cityofdenton.com
940) 349-8356
pg. 3
18
19
20
21
Date: May 25, 2018 Report No. 2018-066
pg. 1
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Recently, a City Councilmember requested an update regarding old electric substation properties,
their status, and potential uses.
BACKGROUND:
An April 28, 2017 Informal Staff Report (ISR) addressed a similar question. The 2017 ISR
remains valid except for the estimated timeframes:
The old Hickory Substation must remain energized and is used to serve residential
customers in the Historic District, commercial customers, Texas Health Hospital, and the
northern half of the UNT campus. It cannot be remove from service for at least another
four to five years until the new Hickory SF6 Gas Insulated (GIS) Substation has been
constructed, tested and commissioned.
North Lakes Substation would be on the same timeframe as Hickory Substation, in
another four to five years, due to the need to keep in service a 69kV to 138kV
Autotransformer that is necessary for reliable and safe interface between the two different
transmission voltage levels.
The old Arco Substation site is owned by Texas Municipal Electric (TMPA) and the old
substation site is surrounded by Oncor and Atmos Gas facilities. The site is heavily
encumbered with above ground utility equipment and utility easements that are being
used. TMPA has informally deliberated, possibly considered selling their portion of the
land that the City of Denton or other franchised utilities may have an interest in a future
procurement.
Currently (as of mid-May 2018) Kings Row Substation is the only substation that is
actually out of service. All of the above ground de-energized equipment remains on site.
Some of the equipment parts have been used to help supplement repairs of the sister
Hickory substation. The old Kings Row and Hickory Substations are considered sister
substations since they both utilize similar 1960’s vintage equipment. The old substation
site remains one of staging sites on the northeast side of Denton for materials and
equipment for the capital improvement program which will continue for the next few
years. There are a few options for King’s Row and some factors that will affect the
availability of the site:
– The old Kings Row substation site is located in the Northeast portion of Denton,
the location has been strategically located for staging of electrical materials and
equipment related to CIP projects. The DN to AR transmission line construction
just concluded this month; therefore, the staging area use need related to
substation and transmission CIP projects is diminishing. However, it should be
22
Date: May 25, 2018 Report No. 2018-066
pg. 2
noted that the strategic location of the site could also lend itself for consideration
as a possible long term staging or storage area for distribution line items such as
fuses, wooden cross arms, insulators, lightning arrestors, etc., that would aid in
improving or speeding up outage restoration times in this area of Denton. This
nice heavily treed area in Denton has been identified on a heat map that was
shown at a recent Council meeting, as an area that has historically experienced its
fair share of outages caused by squirrels. Having typically used distribution
materials staged in this strategic area where most needed, could be a positive
benefit for the adjacent neighborhoods
– The site could be cleared by a contractor after it is bid out. It then must be
remediated environmentally by another contractor after bidding. In order to make
it available for a possible public repurposed use it would be 18-24 months at a
cost of approximately $2M.
– Another option available would be to have DME use its labor resources to retire
the equipment other than the transformers. This has potential for reducing the
cost. The environmental remediation and site restoration work would still have to
be accomplished after DME has removed equipment from the site. For it to be
available for repurposing in a 3 to 5 year timeframe, the overall cost might be
reduced as much as half, especially if the work could be sequenced with work in
other stations.
– With the potential environmental (hydrocarbons) and unknown bidding factors, it
is difficult to be more definitive on both cost and time. Work would most likely
be disruptive to the neighbors with cranes, large trucks and equipment required
over a 6 to 9 month very active timeframe.
– The intended end use and any drainage requirements could also have an impact on
the cost.
– One other item needs mention. The above costs are predicated on the existing
precast concrete fence remaining in place. Changes to or replacement of the fence
would add cost.
The old Locust Substation site is presently serving a large majority of the downtown
customers, including a significant portion of the residential, commercial, and industrial
customers in the area such as Acme Brick. Once the transmission line segments on both
sides of Locust Substation are fully converted to 138kV and all of the customers have
been moved over to the new Locust site, then the old Locust substation site can be de-
energized. It should be noted that a major fiber optic hub is being utilized in the brick
building at the old Locust Substation site.
DISCUSSION:
As described on the second and third pages of the previous 2017 ISR, multiple steps are
necessary to retire an old unused substation site and to consider possible repurposed uses. The
removal of equipment will likely be the least expensive part of the station retirements. It is
23
Date: May 25, 2018 Report No. 2018-066
pg. 3
possible that DME’s substation field personnel can undertake the retirement of the equipment in
substations once the ongoing new CIP project work nears completion. Doing it sooner will
likely require going out to solicit contractors that specialize in removing old substations in or
near energized high voltage environments to ensure that it does not negatively impact the
reliability to the citizens in Denton and that it can be performed in the most safe manner possible.
CONCLUSION:
In conclusion, the primary focus to date has been on safely and reliably constructing projects that
benefit the citizens of Denton while solving electric system transmission and distribution (T&D)
deficiencies and contingencies that have been identified. Staff will keep the Public Utilities
Board and City Council updated as timing and opportunities arise to shift resources necessary to
fully decommission the old sites and equipment.
ATTACHMENT(S):
1. ISR 2017-026 Retired Substations
STAFF CONTACT:
Brent Heath
Executive Manager of Energy Delivery
(940) 349-7180
Brent.Heath@cityofdenton.com
24
Date: April 28, 2017
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
CTTR_1F,C'T
Report No. 2017-026
Council Member Briggs requested information on a process to review potential land use options for
retired electric substation sites.
BACKGROUND:
At the March 21, 2017 Council meeting, Council Member Briggs requested a work session on
determining a process to review old substation sites and possible land use options. DME's Capital
Improvement Program has several projects to construct new substations or reconstruct existing
substations during the transmission system upgrade from 69kV to 138kV, which began in 2011 and
will continue through 2022.
DISCUSSION:
There are a few potential substation sites where land reuse could occur in the future due to the new
construction or reconstruction. Most of these sites are in various stages of the design and construction
process, and old sites that have recently been de -energized are still needed operationally and logistically
for the staging of equipment and/or back-up operations until the transmission system upgrade project
progresses closer to completion. This memo will provide a brief description of potential sites where
land may be available for reuse and discuss general steps and guidelines for a process.
Potential Sites
There are two substation sites that will be newly constructed at a separate location and their respective
old substation sites may no longer be necessary to DME. The first site is Kings Row substation
Attachment 1). The new Kings Row substation (at the corner of Kings Row and Loop 288) is fully
operational and the old site to the west on Kings Row Street was de -energized in late 2016. Although
the old site has recently become inactive, a few steps need to take place before it is fully
decommissioned, no longer useful, and can be considered for other uses. The old site is an important
staging site for materials and equipment for the conversion of the entire transmission system to 138kV,
until at least 2-3 years out when the project progresses closer to completion.
The second new construction substation where the old site may no longer be necessary is the Hickory
substation (Attachment 2). The new Hickory substation was selected to be constructed on a site directly
across the street from the existing Hickory substation, across Bonnie Brae Street to the East. This
project is in the GIS substation and UG Transmission design phase and the new Hickory Substation
will not be online and operational until 2020.
In addition to those two new construction sites, there are a few substation sites being reconstructed,
which could open partial land segments for repurposing or other landscaping or beautification efforts.
However, the exact site design and configuration may not be known until the sites are through the entire
process with a plat, design, environmental assessment, land acquisition, permit, and construction.
Variables through this process may influence if, and how much land, is available or no longer useful.
The following are the potential reconstruction substation sites where partial land may be available:
Locust, North Lakes, Arco, Industrial, and Jim Christal (Attachment 3).
pg. 1
25
Date: April 28, 2017 Report No. 2017-026
Steps to Retire a Site and Potential Process for Reuse
Although these old substation sites may become inactive, they may be necessary in the interim to serve
as a staging area for the system upgrade project, to provide back-up if required, or may contain other
equipment owned and operated by TMPA where removal and proper asset retirement must be
coordinated. The below description generally outlines a process to decommission a substation site once
it is no longer required for electric operations and how the property could be considered for other uses.
1. Sale, Disposal, and Removal of Assets — DME will work with the City's Accounting and
Purchasing Department to properly and legally retire and dispose of the older assets that are no
longer required nor useful to the City. All of the large and heavy equipment such as Power
Transformers, Switchgear, Control Building, and Structural Steel remain on site after a
substation is de -energized. Very large and heavy items such as the Power Transformers and
Control Buildings are not easily moved, and will go through either an RFP process or Auction
process for disposal and removal from this site by the awarded party.
2. Environmental Assessment — When the City purchases or sells property, an environmental
assessment must be performed by an independent professional, and staff recommends the same
process be undertaken if these sites are to be used for other purposes. Generally, there are two
phases to an environmental assessment. The first phase is a preliminary assessment by a
qualified individual to analyze historical land use of the property, current use, assessment of
what is on the property or around the property, and a number of other factors to make a
determination if there is a Recognized Environmental Condition ("REC") indicating the
possibility of contamination. If a REC determination is made, there is a second phase to perform
sampling and testing. This sampling and testing depends on the RECs, but often includes soil
and shallow ground water testing. Samples are sent to a lab to test for contaminants, and the
results are compared to either residential or commercial standards depending on the anticipated
future land uses. If contaminants are found, a plan is developed to remediate the site to
acceptable standards.
3. Potential Uses — Concurrent with the first two steps, staff can perform an analysis of each site
looking at its past uses, location, size, configuration, public access, public safety considerations,
adjacent and neighboring properties, nearby amenities, and so forth, and provide options for
consideration depending upon the features of each site. Generally, staff believes a site could (1)
become a public space (such as a park, open space, landscaped area, community garden, or tree
stand), (2) be maintained by the City for other operational purposes, or (3) be offered for sale
adjacent land owners may have interest). Because of the differences between each site,
potential uses could vary; however, most of the sites are small and are more likely to be
compatible for an open space, landscaped area, community garden, or tree stand. The analysis
and options could be used to then facilitate potential site repurposing discussions and gathering
of citizen and neighborhood input and ideas.
4. Citizen and Neighborhood Involvement — After assets are removed and an environmental
assessment and remediation (if needed) is completed, staff could facilitate site repurposing
discussions for potential uses led by the Community Affairs Division and DME. A similar
method to DME's use of public input received through the electric site and route selection
processes for the CIP program could be used to gather citizen ideas, through citizen mailings,
IVR phone calls, and formally scheduled public Open Houses for each of the surrounding
Mai
26
Date: April 28, 2017 Report No. 2017-026
neighborhoods. All citizen input and recommendations could be collected through electronic
surveys that would be filled out at each public open house and for several weeks subsequent to
each public open house meetings. The citizen survey data could be analyzed to help provide
both the Public Utilities Board and the City Council possible ideas and recommendations based
upon the most favorable citizen ideas and input. Any options presented would include public
input received, actions and funding required (both one-time and ongoing), and review of land
use compatibility and zoning regulations.
CONCLUSION:
DME has primarily focused its resources on safely and reliably completing all of the approved projects
included in the substation and transmission line upgrade program, but plans to shift resources as the
program progresses to fully decommission the old sites and equipment. Staff respectfully requests to
come back to Council within the next 18-24 months to provide an update on DME's CIP program with
a status on each of these potential sites and a proposed process including a timeline and resources to
review property that will be no longer useful nor necessary for electric operations.
ATTACHMENTS:
1. Map of Kings Row substation
2. Map of Hickory substation
3. Map of various reconstruction substations
STAFF CONTACT:
Phil Williams
General Manager
Denton Municipal Electric
Rhil.williams cTcityofdenton.com
940) 349-8356
Sarah Kuechler
Assistant to the City Manager
sarah.kuechler&cityofdenton.com
940) 349-8356
pg. 3
27
28
29
30
31
32
33
Service Center Perimeter Improvements
Conceputual Design
34
35
36
Water Conservation Plan
and
Drought Contingency Plan
2019
37
Plan Objectives
Water Conservation Plan
•To reduce water consumption.
•To reduce the loss and waste of water.
•To identify the level of water reuse.
•To improve efficiency in the use of water.
•To extend the life of current water supplies
by reducing the rate of growth in demand.
Drought Contingency Plan
•To conserve the available water supply in times
of drought and emergency.
•To maintain supplies for domestic water use,
sanitation, and fire protection.
•To protect and preserve public health, welfare,
and safety.
•To minimize the adverse impacts of water supply
shortages.
•To minimize the adverse impacts of emergency
water supply conditions.
38
Denton’s Water Supply
Lake Lewisville
100% FULL
Capacity 563,223 acre-ft
Lake Ray Roberts
99.9% FULL
Capacity 788,167 acre-ft
39
Denton’s Water Rights
Lake Lewisville
11%
Lake Ray Roberts
26%
40
Conservation Plan Highlights
Per Capita Usage Goals
Unit 2000 2005 2009 2014 2019 2024 2029
City of Denton
Population
80,537 98,965 111,814 120,820 133,610 147,516 162,870
Gallons PerCapita
per Day
gpcd 189 179 160 158 140 152 152
Best Management Practices
•Customer Metering Program
•Public Education and Partnerships
•Water Audit
•Leak Detection and Repair
•Landscape Management Ordinance
41
Drought and Emergency Response Stages
•Stage 1, Mild
•Water reduction goal of 5%
Triggering Conditions:
A.Lakes drop below 65% of the total conservation storage
B.Water demand reached or exceeds 85% of delivery capacity for 4 consecutive days
C.Demand approaches a reduced delivery capacity, System failures, or contamination
Conservation Methods:
•Required day-of-week watering
•Encouraged reduced water use
42
•Stage 2, Moderate
•Water reduction goal of 15%
Triggering Conditions:
A.Lakes drop below 50% of the total conservation storage
B.Water demand reached or exceeds 90% of delivery capacity for 3 consecutive days
C.Demand equals a reduced delivery capacity, System failures, or contamination
Conservation Methods:
•Required day-of-week watering
•Restrictions for water use in ornamental fountains, transportation vehicles, pools, and
foundations
•Prohibition of recreational water use and hosing off paved surfaces
Drought and Emergency Response Stages
43
•Stage 3, Severe
•Water reduction goal of 20%
Triggering Conditions:
A.Lakes drop below 35% of the total conservation storage
B.Water demand reached or exceeds 95% of delivery capacity for 2 consecutive days
C.Demand equals a reduced delivery capacity, System failures, or contamination
Conservation Methods:
•Irrigation of landscape is absolutely prohibited
•Use of water to wash any transportation vehicle is prohibited
•The filling, refilling, or adding of water to pools is prohibited. Existing pools have exceptions.
•Prohibit operation of ornamental fountains or ponds except where necessary to support aquatic life or if
they are equipped with recirculation system.
•No Applications for water service connections, metered service lines, facilities (etc) will be approved.
•Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction is
prohibited.
•Request a 25% reduction of indoor water uses.
Drought and Emergency Response Stages
44
Visit us online for more information
Cityofdenton.com
Government > Departments > Water Utilities
Sustainabledenton.com
45
“Dedicated to Quality Service”
www.cityofdenton.com
Consumer Health Division 215 W Hickory St. Denton, Texas 76201 Office 940.349.8360 Fax 940.349.7208 YOUR APPLICATION SHALL BE RECEIVED AT LEAST 14 DAYS PRIOR TO THE EVENT. APPLICATIONS RECEIVED
LESS THAN 2 DAYS PRIOR TO THE EVENT MAY NOT BE APPROVED OR THE MENU MAY BE RESTRICTED.
ONCE THE APPLICATION IS APPROVED, NO CHANGES MAY BE MADE WITHOUT APPROVAL BY
A HE ALTH OFFICER. UNAUTHORIZED CHANGES MAY RESULT IN A PERMIT SUSPENSION.
Name of Booth:_____________________ Contact Person:___________________ Email: ___________________
Home Address: ______________________ City: _______________ Zip: ________ Phone: _________________
Farmer’s Market: ___________________ Market Coordinator: __________________ Phone: _______________
Market Address ___________________________________City: ___________________Zip: _______________
Market Dates: _____________________________________________Market Hours: ______________________
List the location where the food is prepared & stored and which city permits that location.
Facility Name: _______________________Address: _____________________City: ____________Zip: ______
Permitting Agency: _____________________________ Dates & Times Kitchen Used: _____________________
MENU (including beverages, and all extra ingredients served) and PREPARATION PROCEDURES:
Check which preparation procedure each menu item requires at the Restaurant:
Food Thaw Cut/
Assemble
Cook/
Bake
Cool Cold
Holding
Reheat Hot
Holding
Portion/
Package
Storage
Check which preparation procedure each item requires at the Market:
Food
Cold
Holding
Cook/
Grill
Reheat Hot
Holding
Assemble Other
*NOTE: If your preparation procedures cannot fit these charts, please list all of the steps in preparing each menu item on a separate sheet.
Farmers Market
Event Application
$240.00 Farmers Market Permit per Year $40.00 Farmers Market Permit per Month
46
“Dedicated to Quality Service”
www.cityofdenton.com
How will you provide temperature control for potentially hazardous foods? Circle as many as you will be using.
Foods must be 41°F or colder, or 135°F or hotter. Check with your digital thermometer
Hot holding: steam table, oven, BBQ, gas grill, wok, steamers, stove, hot holding case, other (list) ________
Reheating or cooking: oven, BBQ, gas grill, wok, steamers, stove, other (list) ________________________
Cold holding: refrigerator, refrigerated truck, refreezable ice/cooler, dry ice/cooler, drained iced, freezer,
other (list) ______________________________________________________________________________
During Transport: ________________________________________________________________________
Booth Description:
Floor ____________________________Roof ____________________Walls**__________________________
Ceiling shall be of wood, canvas, or other material that protects the interior of the booth from the weather,
windblown dust, birds, and debris. Floors shall be of a cleanable material, not grass or dirt. (Examples of flooring:
concrete, machine-laid asphalt, dirt or gravel if covered with mats, removable platforms, duckboards, or other
suitable materials that are effectively treated to control dust and mud.) **Screening for walls may be required if
flying insects and other pests are present.
BOOTH REQUIREMENTS MUST BE IN PLACE BEFORE PERMIT WILL BE ISSUED.
A LIST APPEARS ON NEXT PAGE:
I acknowledge receipt of a copy of the food booth requirements and understand that failure to comply with the
City of Denton Ordinance may result in citations for violations and/or closure of the booth until violations are
corrected:
Signature of Operator ________________________________________ Date ___________________________
(Signing this application indicates that all guidelines will be met)
47
“Dedicated to Quality Service”
www.cityofdenton.com
FARMERS MARKET FOOD BOOTH REQUIREMENTS:
1. Provide a gravity flow handwashing station in your booth. This consists of an insulated container,
with a capacity of 5 gallons or more, filled with warm water (100°F). The container shall be
equipped with a spigot that can lock in an open position. Also, provide a tub or bucket for waste
water, pump soap dispenser, and paper towels. You shall check the handwashing facilities
throughout the day and refill when needed. WASH HANDS OFTEN!
2. Barehanded contact with ready to eat foods is prohibited. Use disposable gloves. Sick food workers
shall not be present.
3. Provide a sanitizer solution for wiping cloths. This solution shall consist of at least 1 teaspoon of
bleach per gallon of water.
5. Provide a digital stem thermometer if you serve potentially hazardous foods. Check temperatures
frequently. (41°F or colder - 135°F or hotter)
6. Foods prepared, cooked, or displayed on the front counter shall be protected with a sneeze guard.
7. Have copies of food handler cards available in the booth.
8. Provide potable water from an approved source.
9. Dispose of all wastewater into the sanitary sewer. Disposal of wastewater in storm drains or on the
ground is prohibited.
10. Have a (3) container setup for ware washing prior to preparing food. The requirements for each
container are as follows:
1) Washing container - Soapy water for washing utensils or anything that needs washing
2) Rinsing container - Clean water for rinsing utensils
3) Sanitizing container - Water that has bleach (1 tablespoon per 1 gallon of water) or other
approved sanitizer. (Refer to TFER)
11. Storage. All food and single service utensils, napkins, etc., shall be stored at least 6 inches off the
ground.
12. Only food from approved sources will be permitted. Home preparation or storage of food at
home is prohibited. All condiments, including relish, catsup, etc. available for customers shall be
in single service packets, or dispensed from sanitary dispensers. Single service plates and utensils
shall be provided.
13. Foods shall be protected at all times. Open or unprotected displays of food will not be permitted.
All food and food supplies are to be stored a minimum of six (6) inches off the ground.
14. Ice used for human consumption shall be stored properly, and be separate from ice used to
refrigerate food, drink bottles, or cans.
48
“Dedicated to Quality Service”
www.cityofdenton.com
15. All employees shall wear clean clothes and effective hair restraints.
16. Eating, drinking, and/or using tobacco, in any of its forms, is prohibited in food preparation or
service areas. Drinks are allowed only if they are covered with a lid and consumed through a straw.
17. All trash shall be contained in leak-proof, non-absorbent containers lined with plastic bags, and
covered.
18. Toxic items shall be properly labeled and stored away from food or food supplies
19. A fire extinguisher is required at each food booth.
20. Animals shall be kept on a leash a minimum of 10 feet away from any food booth.
**** Please note: Your Health Permit will be delivered to you during inspection****
49
Contacts:
Gary Henderson
(940) 566-5851 Ext. 104
Gary@UnitedWayDenton.org
Marci Pritts
(940) 566-5851 Ext. 122
Marci@UnitedWayDenton.org
--MORE--
1314 Teasley Lane • Denton, Texas 76205 • www.UnitedWayDenton.org
FOR IMMEDIATE RELEASE:
UWDC AWARDED FIRST-TIME GRANT IN LOCAL FIGHT VS. HOMELESSNESS
Receives close to $124,000 to fund supportive services to improve coordination of homeless resources.
DENTON, TX (March 19, 2019) – United Way of Denton County (UWDC), in partnership with its
collaborative initiative the Denton County Homelessness Leadership Team, was recently awarded a first-
time grant of $123,926 to support the local fight against homelessness. The grant will help improve
coordination of homeless services and communication between providers in Denton County, as well as
support continued expansion of the Coordinated Entry System to better serve people experiencing
homelessness throughout the community.
Awarded by the US Department of Housing and Urban Development through the Texas Balance of State
Continuum of Care, this grant is the first of its kind to be awarded in Denton County. The Texas Balance
of State Continuum of Care is a group “made up of all service providers, advocates, local government
officials, and citizens who work to eliminate homelessness in 215 of Texas’ 254 counties.” (Texas Homeless
Network) Denton County is the first community in Texas to receive this type of funding, which is separate
from the Emergency Solutions Grant received by local nonprofits in collaboration with the City of Denton.
“This grant award demonstrates our ability to facilitate high-level collaboration and bring critically
needed funding into our community,” said United Way of Denton County President and CEO Gary
Henderson. “Achievements like this simply cannot happen when working in isolation. Congratulations to
every organization represented on the Denton County Homelessness Leadership Team; this is a win for
our neighbors who are desperately in need of our help!”
Since October of 2016, UWDC and the Denton County Homelessness Leadership Team have facilitated
the development, implementation, and continuous planning of a Coordinated Entry System (CES) in use
by a county-wide network of shelters and service providers. Data from CES launched the Homelessness
50
Homelessness Grant Award cont. – Page 2 of 2
Data Dashboard which provides an online, up-to-date overview of families, individuals, and students
across Denton County experiencing homelessness.
Community partners identified a lack of accessible and affordable housing and limited case
management capacity as barriers to getting and keeping people housed. Housing providers are primarily
located in Denton and Lewisville, the two largest cities within the county, limiting the community’s ability
to reach populations in rural areas. The grant from HUD will support the expansion of the CES throughout
the county and the efficient placement of households identified through CE into permanent housing by
underwriting two staff positions at UWDC: a Coordinated Entry Intake Specialist and a Homeless
Housing Navigator.
The Coordinated Entry Intake Specialist’s role is to increase access to CE in rural parts of the county and
for those with barriers to access. This position supports over 14 agencies in CE and increases the
capacity of the county to meet the needs of households experiencing homelessness via mobile and tele-
assessments.
A dedicated Homeless Housing Navigator centralizes communication between landlords and housing
service agencies to increase access to safe and affordable housing for Denton County households in
crisis. This mitigates risks for landlords renting to households with blemishes on their rental histories
and/or criminal records.
“These funds power informed people-centric solutions to meet complex needs,” added Courtney Cross,
United Way of Denton County Director of Homelessness Initiatives and author of the grant proposal.
United Way of Denton County (UWDC) serves as facilitator for the Denton County Homelessness Leadership Team
(DCHLT), a collective impact initiative to ensure that homelessness is prevented when possible, and when it is not
that it is a rare, brief, and nonrecurring experience. The DCHLT is a 23-member appointed body of stakeholders from
multiple sectors tasked with developing and implementing a strategic vision for increasing access to housing for all
Denton County residents. For more information, visit www.unitedwaydenton.org/homelessness.
###
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2018
Annual Traffic
Contact Report
DENTON POLICE DEPARTMENT
53
February 25, 2019
Denton City Council
215 E. McKinney Street
Denton, TX 76201
Dear Distinguished Members of the City Council:
The Texas Racial Profiling Law requires the Denton Police Department, along with all other law
enforcement agencies in Texas, to collect certain information about motor vehicle traffic stops
conducted by the department’s officers. During the past year, the Denton Police Department has
collected traffic and motor-vehicle data for the purpose of identifying and addressing, if necessary,
areas of concern regarding racial profiling practices.
In 2017, the Texas Legislature enacted the Sandra Bland Act, which requires law enforcement
agencies throughout the state to collect additional data and provide detailed analysis about the
departments practices while conducting traffic and motor-vehicle related activity. In addition, the
Texas Legislature enacted HB 3051, which introduced new racial and ethnic designations that are
to be used when documenting traffic related activity.
The Denton Police Department is a Tier 2 agency for the purposes of reporting racial profiling
data, which adds more requirement to the information that must be documented and submitted to
the Texas Commission on Law Enforcement (TCOLE) prior to March 1 each year. Denton Police
Officers routinely perform traffic stops or motor vehicle stops, and also equips the department’s
patrol vehicles with audio/video equipment to document motor vehicle contacts.
The Denton Police Department fully complies with the Texas Racial Profiling Law by detailing
the gender, race and ethnicity of all persons issued a citation or arrested in conjunction with a
traffic stop or motor-vehicle contact. In addition, officers document whether a vehicle search was
conducted, a description of any contraband discovered during the search, and whether officers
used force resulting in bodily injury during the stop.
DEPARTMENT OF POLICE
601 E. Hickory Street, Suite E ⚫ Denton, Texas 76205 ⚫ (940) 349-8181 ⚫ FAX (940) 349-7966
54
The enclosed 2018 Annual Traffic Contact Report includes a detailed statistical analysis related to
contacts made during motor vehicle stops as well as copies of relevant state law and departmental
policies related to the topic of racial profiling. The analysis confirms there is no evidence that
officers of the Denton Police Department engaged in racial profiling in 2018.
The Denton Police Department prohibits the practice of racial profiling and the department is in
full compliance with Texas Racial Profiling Law.
Sincerely,
Frank Dixon
Chief of Police
Denton Police Department
55
Table of Contents
Requirements of Texas Racial Profiling Law ................................................................................................. 1
Compliance Checklist .................................................................................................................................... 1
Agency Racial Profiling Report ...................................................................................................................... 3
Data and Analysis .......................................................................................................................................... 5
Demographic Analysis ............................................................................................................................... 5
Searches Conducted ................................................................................................................................. 8
Was Race Known Before the Stop ............................................................................................................ 9
Contraband Found .................................................................................................................................... 9
Use of Force During the Stop .................................................................................................................. 10
Factors Affecting Outcomes .................................................................................................................... 10
Closing Statement ....................................................................................................................................... 11
APPENDIX ONE - RACIAL PROFILING LAW................................................................................................... 12
APPENDIX TWO - THE SANDRA BLAND ACT ................................................................................................ 19
APPENDIX THREE - DENTON PD RACIAL PROFILING POLICY ....................................................................... 35
APPENDIX FOUR - DENTON PD POLICY ON BODY WORN CAMERAS .......................................................... 41
APPENDIX FIVE - DENTON PD RACIAL PROFILING TRAINING ...................................................................... 49
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Requirements of Texas Racial Profiling Law
The State of Texas defines racial profiling as a law enforcement-initiated action based on an
individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on
information identifying the individual as having engaged in criminal activity (Texas Code of
Criminal Procedure Article 3.05). Texas peace officers are prohibited from engaging in racial
profiling and the State of Texas requires that a law enforcement agency, in accordance with Article
2.132 (7) of the Texas Code of Criminal Procedure, annually report to both its governing body and
the Texas Commission on Law Enforcement (TCOLE), data collected on the race or ethnicity of
individuals stopped for traffic violations and subsequently cited, searched, and/or arrested.
In addition to an annual racial profiling report, Article 2.132 requires that the police department:
1) Adopt a detailed written policy on racial profiling that defines acts constituting racial
profiling and strictly prohibits such conduct
2) Implement racial profiling complaint procedures and educate the public about the
process for filing a racial profiling complaint
3) Take corrective action against officers who violate the agency’s racial profiling policy
4) Collect information on motor vehicle stops related to the race or ethnicity of the
individual stopped, whether a search was conducted, whether the search was
consensual, and whether the officer knew the race of the individual prior to conducting
the stop.
5) Submit an annual report of the information collected to TCOLE and the Denton City
Council.
Compliance Checklist
I. Adoption of Racial Profiling Policy Completed
Denton Police Department General Order 14.3, Bias Policing and Racial Profiling Policy, revised
January 1, 2018 goes beyond statutory requirements and prohibits officers from engaging in bias
policing, racial profiling, or stopping, detaining, searching, arresting, or taking any enforcement
action including seizure or forfeiture activities, against any person based solely on the person’s
race, color, ethnicity, ethnic background, national origin, citizenship, cultural group, religion, age,
creed, sex, sexual orientation, disability, economic status or other identifiable group. (See
Appendix for full text)
II. Complaint Procedures and Public Education Completed
Article 2.132 (b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement
agencies implement a complaint process on racial profiling and that the agency provide public
education on the complaint process. Denton Police Department General Order 14.3.8 covers this
requirement. In addition, the department’s website has information regarding racial profiling,
including directions on how to file a racial profiling complaint.
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III. Corrective Actions Against Officers Who Engage in Racial Profiling Completed
Denton Police Department General Order 14.3.6 mandates disciplinary action up to and including
indefinite suspension for officers who violate the racial profiling policy.
IV. Collection of Statistical Data on Motor Vehicle Stops Completed
Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic
stops in which a citation was issued, or an arrest was made because of these stops, including
specific information on the race of the person cited or arrested. Information must also be collected
concerning the searches of persons conducted, the reason the search was conducted, whether
contraband was seized during the search, and a description of the contraband seized. In addition,
information is collected describing the reason for an arrest, and whether physical force resulting
in bodily injury was used during the stop.
V. Perform an audit and analysis of the information collected Completed
VI. Indicate whether the race/ethnicity was known before the stop Completed
VII. Produce an annual report on police contacts by March 1, 2019 Completed
VIII. Adopt a review policy for audio/video documentation of a stop Completed
Denton Police Department General Order 4.7, Body Worn Video Procedures, revised April 6,
2015, requires officers to use the body worn camera system when answering calls for service,
conducting a traffic stop. The policy covers the uploading of the digital video, and specifies the
actions to be recorded. (See Appendix for full text)
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Agency Racial Profiling Report
TOTAL STOPS: 20,476
1. Gender
1.1 Female: 8,559
1.2 Male: 11,917
2. Race or ethnicity
2.1 Alaska Native/American Indian: 126
2.2 Asian/Pacific Islander: 489
2.3 Black: 3,326
2.4 Hispanic/Latino: 3,305
2.5 White: 13,230
3. Was race or ethnicity known prior to stop?
3.1 No: 18,292
3.2 Yes: 2,184
4. Reason for stop?
4.1 Moving traffic violation: 15,439
4.2 Pre-existing knowledge: 489
4.3 Vehicle Traffic Violation: 2,126
4.4 Violation of Law: 2,388
5. Street address or approximate location of the stop
5.1 City Street: 15,000
5.2 County Road: 135
5.3 Private Property or Other: 894
5.4 State Highway: 556
5.5 US Highway: 3,891
6. Was a search conducted?
6.1 No: 20,032
6.2 Yes: 444
7. Reason for search?
7.1 Consent: 101
7.2 Contraband in Plain View: 15
7.3 Incident to Arrest: 144
7.4 Inventory: 23
7.5 Probable Cause: 161
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8. Was contraband discovered
8.1 No: 208
8.2 Yes: 236
9. Description of contraband
9.1 Alcohol: 32
9.2 Currency: 2
9.3 Drugs: 158
9.4 Other: 33
9.5 Stolen Property: 7
9.6 Weapons: 4
10. Result of the stop
10.1 Arrest: 42
10.2 Citation: 15,387
10.3 Citation and Arrest: 199
10.4 Verbal Warning: 2,147
10.5 Written Warning: 2,691
10.6 Written Warning and Arrest: 10
11. Arrest based on
11.1 Outstanding Warrant: 26
11.2 Violation of City Ordinance: 11
11.3 Violation of Penal Code: 196
11.4 Violation of Traffic Law: 18
12. Was physical force resulting in bodily injury used during stop?
12.1 No: 20,390
12.2 Yes: 86
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Data and Analysis
Article 2.132 (7) of the Texas Code of Criminal Procedure, requires police departments to submit
an annual report to the agency’s governing body and the Texas Commission on Law Enforcement
(TCOLE), detailing the race or ethnicity of individuals stopped for traffic violations and
subsequently cited and/or arrested, person searched, items seized, and physical force used.
Racial Profiling Law requires an analysis of the information collected during a motor vehicle stop
to include:
• Total motor vehicle stops conducted of persons who are recognized as members of five
specified race/ethnicity groups: White, Hispanic/Latino, Black, Asian/Pacific Islander, and
Alaska Native/American Indian.
• Total motor vehicle stops by race/ethnicity to include the number of stops in which a search
occurred, and the type of search conducted.
• Total motor vehicle stops by race/ethnicity to include the number of stops in which
contraband was discovered, and the type of contraband seized.
• Total motor vehicle stops by race/ethnicity to include the number of stops in which physical
force was used, and whether the use of force resulted in injury
Racial Profiling Law also requires that information related to each complaint files with the Denton
Police Department alleging that an officer has engaged in racial profiling.
Demographic Analysis
Chart 1 identifies the percentage of the population for the City of Denton and Denton County by
gender and by race/ethnicity. For the purposes of this report, the 2018 total population of the City
of Denton is estimated to be 136,268, and the 2018 total population of Denton County is
estimated to be 836,210. These demographic and population estimates were obtained from the
U.S. Census Bureau 2017 estimates of population published in July 2017. The preliminary
estimates for 2018 population will be available in April 2019, and a finalized estimate of 2018
population will be available in July 2019.
GENDER Number % Number %
Male 65,681 48.2% 411,415 49.2%
Female 70,587 51.8% 424,795 50.8%
2018 Estimated Population 136,268 100%836,210 100%
RACE/ETHNICITY Number % Number %
White 82,772 60.74% 500,848 59.90%
Hispanic 33,490 24.58% 163,864 19.60%
Black 13,344 9.79% 87,008 10.41%
Asian/Pacific Islander 5,979 4.39% 76,889 9.19%
Alaska Native/American Indian 683 0.50% 7,601 0.91%
2018 Estimated Population 136,268 100%836,210 100%
City of Denton Denton County
City of Denton Denton County
Chart 1. 2018 - City & County Demographics
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Chart 2 illustrates the outcomes of motor vehicle contacts. In 2018, Denton Police Officers
conducted 20,476 traffic stops. Of the total stops conducted, 42 (.02%) resulted in arrest, 15,387
(75.1%) resulted in the officer issuing a traffic citation, 199 (1.0%) resulted in citation with an
arrest, 2,147 resulted in a verbal warning, 2,691 resulted in a written warning, and 10 (0.05%)
resulted in a written warning with an arrest.
Chart 3 illustrates race/ethnicity demographics for all traffic stops conducted by Denton officers
between January 1, 2018 and December 31, 2018 as compared to the population of the city and
the county.
Chart 4 illustrates race/ethnicity demographics for all motorists receiving citations between
January 1, 2018 and December 31, 2018 as compared to the population of the city and the
county.
Race/Ethnicity Total % Total % Total % Total % Total % Total % Total %
Asian/Pacific Islander 0 0.0%371 2.41% 2 1.0%59 2.7%57 2.1% 0 0.0%489 2.39%
Black 9 21.4% 2,339 15.20%33 16.6%522 24.3%422 15.7% 1 10.0% 3,326 16.24%
Hispanic/Latino 16 38.1% 2,523 16.40%39 19.6%382 17.8%343 12.7% 2 20.0% 3,305 16.14%
Alaska Native/American Indian 1 2.4%80 0.52% 0 0.0%23 1.1%22 0.8% 0 0.0%126 0.62%
White 16 38.1% 10,074 65.47%125 62.8% 1,161 54.1% 1,847 68.6% 7 70.0% 13,230 64.61%
TOTAL 42 100.0% 15,387 100.0%199 100.0% 2,147 100.0% 2,691 100.0%10 100.0% 20,476 100.0%
Arrest
Chart 2. 2018 Outcome of Motor Vehicle Contacts
Citation Citation w/
Arrest
Verbal
Warning
Written
Warning
Written Warning
w/ Arrest All Stops
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The racial groups contacted during all traffic stops (20,476) was compared to the number of
ticketed or arrested drivers (15,387) in each racial group.
White Motorists. Of all motorists stopped in Denton in 2018, 13,230 (64.61%) were
White. Of the total citations issued in 2018, 10,074 (65.47%) were received by White
drivers. The White population in the City of Denton is estimated to be 82,772 (60.74%),
while the White population in Denton County population is estimated to be 500,848
(59.9%).
Hispanic/Latino Motorists. Of all motorists stopped in Denton in 2018, 3,305 (16.14%)
were Hispanic/Latino. Of the total citations issued in 2018, 2,523 (16.40%) were
received by Hispanic/Latino drivers. The Hispanic/Latino population in the City of
Denton is estimated to be 33,490 (24.58%), while the Hispanic/Latino population of
Denton County is estimated to be 163,864 (19.60%).
Black Motorists. Of all motorists stopped in Denton in 2018, 3,326 (16.24%) were
Black. Of the total citations issued in 2018, 2,339 (15.20%) were received by Black
drivers. The Black population in the City of Denton is estimated to be 13,344 (9.79%),
while the Black population of Denton County is estimated to be 87,008 (10.41%).
Asian/Pacific Islander Motorists. Of all motorists stopped in Denton in 2018, 489
(2.39%) were Asian/Pacific Islander. Of the total citations issued in 2018, 374 (2.41%)
were received by Asian/Pacific Islander drivers. The Asian/Pacific Islander population in
the City of Denton is estimated to be 13,344 (4.39%), while the Asian/Pacific Islander
population of Denton County is estimated to be 76,889 (9.19%).
Alaska Native/American Indian. Of all motorists stopped in Denton in 2018, 126
(0.62%) were Alaska Native/American Indian. Of the total citations issued in 2018, 80
(0.52%) were received by Alaska Native/American Indian drivers. The Alaska
Native/American Indian population in the City of Denton is estimated to be 683 (0.50%),
while the Alaska Native/American Indian population of Denton County is estimated to be
7,601 (0.91%).
Chart 5 illustrates the comparison between the population of the city and the percentage of
drivers stopped and cited. Compared to the population of the City of Denton, Hispanic/Latino
and Asian/Pacific Islander drivers were both stopped and cited at a lower percentage compared
to the percentage of these two groups living in the City of Denton. All other groups were both
stopped and cited at a higher percentage compared to the percentage living in the City of Denton.
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There were three race/ethnic groups with percentages of traffic stops and citations issues that
exceeded that group’s population estimates for the City of Denton. Chart 6 illustrates for each
group the number of traffic stops conducted, the number of citations issued, the difference
between these two numbers, and the difference expressed as a percentage of the total population.
The majority of motor vehicle contacts were made with males, most of whom were White drivers. This
was followed by Hispanic/Latino drivers and Black drivers. In a majority of cases, officers did not know
the race/ethnicity of the subject prior to the stop, and that most often the reason for the stop was a moving
traffic violation, as shown in Chart 7. The location of the stop was most often made on a city street, as
shown in Chart 8.
Searches Conducted
The Denton Police Department is required to collect information on the number of searches conducted,
and the reason for the searches. Of the 20,476 motor vehicle contacts in 2018, there were 444 (2.2%)
searched conducted during the stop. The reason for each search is illustrated in Chart 9. Of the 444
searches in 2018, 101 (22.7%) were consent searches, 15 (3.4%) were for contraband in plain view, 144
(32.4%) were searches incident to arrest, 23 (5.2%) were inventory searches, and 161(36.3%) were
probable cause searches.
RACE/ETHNICITY % Stopped % City Pop Diff % Cited % City Pop Diff % Stopped % Cited Diff
White 64.61 60.74 3.87 65.47 60.74 4.73 64.61 65.47 -0.86
Hispanic 16.14 24.58 -8.44 16.40 24.58 -8.18 16.14 16.40 -0.26
Black 16.24 9.79 6.45 15.20 9.79 5.41 16.24 15.20 1.04
Asian/Pacific Islander 2.39 4.39 -2.00 2.41 4.39 -1.98 2.39 2.41 -0.02
Alaska Native/American Indian 0.62 0.50 0.12 0.52 0.50 0.02 0.62 0.52 0.10
Stops vs Citations Issued
Chart 5. 2018 - Comparison of Stops and Citations to City Population
Citations IssuedAll Traffic Stops
RACE/ETHNICITY Population Stops Citations
Diff in Stops
vs. Citations
Diff as % of
Population
White 82,772 13,230 10,074 3,156 3.81%
Black 13,344 3,326 2,339 987 7.40%
Alaska Native/American Indian 6.73%
Chart 6. 2018 - Groups Exceeding City's Population Percentages for Stops and Citations
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Was Race Known Before the Stop
The Denton Police Department is required to collect information on whether the race/ethnicity of the
driver was known before the stop was conducted. Of the 20,476 motor vehicle contacts in 2018, there
were 2,184 (10.7%) in which the race/ethnicity of the driver was known prior to the stops. There were
18,292 (89.3%) in which the race/ethnicity of the driver was not known prior to the stop. Chart 10
illustrates this measure for each race/ethnic group.
Contraband Found
The Denton Police Department is required to collect information on contraband found during a search,
including a description of the type of contraband seized. Of the 444 searches conducted in 2018,
contraband was found in 236 (52.9%) and not found in 208 (46.8%).
Of the 236 cases in which contraband was seized, a total of 32 (13.6%) involved Alcohol, 2 (0.8%)
involved Currency, 158 (66.9%) involved Drugs, 7 (3.0%) involved Stolen Property, 4 (1.7%) involved
Weapons, and 33 (14.0%) involved Other contraband. Chart 11 illustrates the type of contraband found
for each race/ethnic group.
Race/Ethnicity Total % Total % Total % Total % Total % Total %
Asian/Pacific Islander 0 0.0% 0 0.0% 1 0.7% 0 0.0% 2 1.2% 3 0.7%
Black 22 21.8% 6 40.0%28 19.4% 4 17.4%56 34.8%116 26.1%
Hispanic/Latino 23 22.8% 5 33.3%32 22.2% 6 26.1%28 17.4%94 21.2%
Alaska Native/American Indian 0 0.0% 0 0.0% 0 0.0% 0 0.0% 1 0.6% 1 0.2%
White 56 55.4% 4 26.7%83 57.6%13 56.5%74 46.0%230 51.8%
TOTAL 101 100.0%15 100.0%144 100.0%23 100.0%161 100.0%444 100.0%
Consent Contraband in
Plain View
Incident to
Arrest Inventory Probable
Cause
Total
Searches
Chart 9. 2018 Reason for Searches Conducted During Motor Vehicle Contacts
Race/Ethnicity Total % Total %
Asian/Pacific Islander 30 1.4%459 2.51%
Black 385 17.6% 2,941 16.08%
Hispanic/Latino 274 12.5% 3,031 16.57%
Alaska Native/American Indian 7 0.3%119 0.65%
White 1,488 68.1% 11,742 64.19%
TOTAL 2,184 100.0% 18,292 100.0%
Known Not Known
Chart 10. Race Known or Not Known by Race/Ethnicity
Race/Ethnicity Total % Total % Total % Total % Total % Total % Total %
Asian/Pacific Islander 1 3.1% 0 0.0% 1 0.6% 0 0.0% 0 0.0% 0 0.0% 2 0.8%
Black 7 21.9% 0 0.0%47 29.7%13 39.4% 2 28.6% 1 25.0%70 29.7%
Hispanic/Latino 7 21.9% 0 0.0%41 25.9% 5 15.2% 0 0.0% 1 25.0%54 22.9%
Alaska Native/American Indian 0 0.0% 0 0.0% 1 0.6% 0 0.0% 0 0.0% 0 0.0% 1 0.4%
White 17 53.1% 2 100.0%68 43.0%15 45.5% 5 71.4% 2 50.0%109 46.2%
TOTAL 32 100.0% 2 100.0%158 100.0%33 100.0% 7 100.0% 4 100.0%236 100.0%
Weapons Total
Chart 11. Contraband Seized by Race/Ethnicity
Alcohol Currency Drugs Other Stolen
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Use of Force During the Stop
The Denton Police Department is required to collect information on whether the physical force was used
during a stop, and if injury occurred as a result. Of the 20,476 motor vehicle contacts in 2018, use of
physical force was reported in a total of 108 (0.53%). Of the 108 cases reported, 22 (0.11%) did not
result in injury, while 86 (0.42%) resulted in some form of bodily injury. Racial profiling law does not
require the type of physical injury to be documented. Chart 12 illustrates this measure for each race/ethnic
group.
Factors Affecting Outcomes
The purpose of collecting and reviewing traffic stop data is to determine whether Denton Police
Officers have engaged in the practice of racial profiling. An analysis of traffic enforcement and
census data on the racial demographics of Denton residents will not indicate whether police
officers have engaged in racial profiling. The number of drivers stopped is not limited to the
driving population of Denton. It includes all residents of Denton as well as non-resident drivers
contacted by Denton officers in 2018.
There are also inherent difficulties in collecting accurate data concerning race or ethnicity of
drivers. Race/Ethnicity is self-reported by the individual driver. Officers are placed in the
position of guessing based on preconceived notions related to physical characteristics or asking
drivers such questions while the driver has been detained for a traffic violation.
Several factors can influence the prevalence of each racial group within the study that are not
related to racist behavior by a specific officer. Among these factors are:
• the amount of time devoted to traffic enforcement
• racial make-up of an officer’s assigned district
• targeted enforcement devoted to a specific location or problem
• officer discretion regarding which violations warrant enforcement action.
Race/Ethnicity Total % Total % Total % Total %
Asian/Pacific Islander 487 2.4% 2 1.9% 1 4.5% 1 1.2%
Black 3,299 16.2%27 25.0%10 45.5%17 19.8%
Hispanic/Latino 3,291 16.2%14 13.0% 2 9.1%12 14.0%
Alaska Native/American Indian 123 0.6% 3 2.8% 0 0.0% 3 3.5%
White 13,168 64.7%62 57.4% 9 40.9%53 61.6%
TOTAL 20,368 100.0%108 100.0%22 100.0%86 100.0%
No Force Used Force-No Injury Force - InjuryForce Used
Chart 12. Physical Force Resulting in Injury by Race/Ethnicity
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Case studies provide more in-depth information about the nature and quality of contacts between
officers and citizens. In order to determine whether an officer has engaged in racial profiling of a
motorist, the Denton Police Department investigates individual cases of racial profiling that are
received through the department’s internal or external complaint process. Any person who
believes that a Denton Police Officer has engaged in bias policing or racial profiling may file a
complaint with the department. In 2018, the Denton Police Department did not receive any
complaints alleging racial profiling.
To facilitate the reporting of allegations of racial profiling, the department provides education to
the public specific to racial profiling. The department utilizes its website to provide the public
with information on how to report racial profiling issues. In addition, the department maintains
compliance with TCOLE standards regarding racial sensitivity continuing education training for
police officers. All Denton Police Officers must complete the comprehensive education and
training program on racial profiling established by the Texas Commission on Law Enforcement,
including legal aspects, not later than the second anniversary of the date the officer was licensed.
Closing Statement
In summary, the Denton Police Department prohibits the practice of racial profiling and is in full
compliance with all relevant Texas laws concerning racial profiling, including the existence of a
formal policy prohibiting racial profiling. The Department collects data regarding traffic stops in
compliance with the law, trains officers regarding racial profiling, provides a formalized complaint
process, and educates the public regarding the complaint process. A review of internal
administrative records indicates that the Department did not receive any complaints alleging racial
profiling in 2018.
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APPENDIX ONE - RACIAL PROFILING LAW
Texas Code of Criminal Procedure
Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer may not engage in racial profiling.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
(a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county,
municipality, or other political subdivision of the state, that employs peace officers who
make motor vehicle stops in the routine performance of the officers' official duties.
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor
vehicle for an alleged violation of a law or ordinance.
(3) "Race or ethnicity" means the following categories:
(A) Alaska native or American Indian;
(B) Asian or Pacific Islander;
(C) black;
(D) white; and
(E) Hispanic or Latino.
(b) Each law enforcement agency in this state shall adopt a detailed written policy on racial
profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial
profiling;
(3) implement a process by which an individual may file a complaint with the agency if
the individual believes that a peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's compliment and complaint process,
including providing the telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to each ticket, citation, or warning issued by a
peace officer;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
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(6) require collection of information relating to motor vehicle stops in which a ticket,
citation, or warning is issued and to arrests made as a result of those stops, including
information relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so, whether the individual detained
consented to the search;
(C) whether the peace officer knew the race or ethnicity of the individual detained
before detaining that individual;
(D) whether the peace officer used physical force that resulted in bodily injury, as
that term is defined by Section 1.07, Penal Code, during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency, regardless of whether the administrator
is elected, employed, or appointed, to submit an annual report of the information
collected under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or municipality served by the agency, if the
agency is an agency of a county, municipality, or other political subdivision of the
state.
(c) The data collected as a result of the reporting requirements of this article shall not constitute
prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the
feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. The agency also shall examine the feasibility of equipping each peace officer who
regularly detains or stops motor vehicles with a body worn camera, as that term is defined by
Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio
equipment or equips peace officers with body worn cameras as provided by this subsection, the
policy adopted by the agency under Subsection (b) must include standards for reviewing video
and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information about a
peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection of information as required by a
policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement agency of a complaint
described by Subsection (b)(3) in which a video or audio recording of the occurrence on which
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the complaint is based was made, the agency shall promptly provide a copy of the recording to
the peace officer who is the subject of the complaint on written request by the officer.
(g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a
law enforcement agency intentionally failed to submit a report required under Subsection (b)(7),
the commission shall begin disciplinary procedures against the chief administrator.
(h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify
any improvements the agency could make in its practices and policies regarding motor vehicle
stops.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01, eff. September 1, 2017.
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.
(a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not
state the person's race or ethnicity, as determined by the officer to the best of the
officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the
person detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search
and a description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
(C) the search was performed as a result of the towing of the motor vehicle or the
arrest of any person in the motor vehicle;
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(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of whether the arrest was based on a violation of the Penal Code, a violation of
a traffic law or ordinance, or an outstanding warrant and a statement of the offense
charged;
(7) the street address or approximate location of the stop;
(8) whether the officer issued a verbal or written warning or a ticket or citation as a result
of the stop; and
(9) whether the officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency, regardless of whether the administrator
is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to
ensure that the race or ethnicity of the person operating the motor vehicle is being reported.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.
(a) In this article:
(1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a).
(2) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the information contained in each
report received by the agency under Article 2.133. Not later than March 1 of each year, each law
enforcement agency shall submit a report containing the incident-based data compiled during the
previous calendar year to the Texas Commission on Law Enforcement and, if the law
enforcement agency is a local law enforcement agency, to the governing body of each county or
municipality served by the agency.
(c) A report required under Subsection (b) must be submitted by the chief administrator of the
law enforcement agency, regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) evaluate and compare the number of motor vehicle stops, within the applicable
jurisdiction, of persons who are recognized as racial or ethnic minorities and persons
who are not recognized as racial or ethnic minorities;
(B) examine the disposition of motor vehicle stops made by officers employed by the
agency, categorized according to the race or ethnicity of the affected persons, as
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appropriate, including any searches resulting from stops within the applicable
jurisdiction; and
(C) evaluate and compare the number of searches resulting from motor vehicle stops
within the applicable jurisdiction and whether contraband or other evidence was
discovered in the course of those searches; and
(2) information relating to each complaint filed with the agency alleging that a peace
officer employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include identifying information about a
peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the reporting of information required under
Article 2.133(b)(1).
(e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162,
Occupations Code, shall develop guidelines for compiling and reporting information as required
by this article.
(f) The data collected as a result of the reporting requirements of this article shall not constitute
prima facie evidence of racial profiling.
(g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a
law enforcement agency intentionally failed to submit a report required under Subsection (b), the
commission shall begin disciplinary procedures against the chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017.
Art. 2.136. LIABILITY.
A peace officer is not liable for damages arising from an act relating to the collection or
reporting of information as required by Article 2.133 or under a policy adopted under Article
2.132.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The Department of Public Safety shall adopt rules for providing funds or video and audio
equipment to law enforcement agencies for the purpose of installing video and audio equipment
in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn
cameras, including specifying criteria to prioritize funding or equipment provided to law
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enforcement agencies. The criteria may include consideration of tax effort, financial hardship,
available revenue, and budget surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher education to
identify law enforcement agencies that need funds or video and audio equipment for the purpose
of installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras. The collaboration may include the use of a
survey to assist in developing criteria to prioritize funding or equipment provided to law
enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of installing
video and audio equipment in law enforcement motor vehicles and motorcycles or equipping
peace officers with body worn cameras, the governing body of a county or municipality, in
conjunction with the law enforcement agency serving the county or municipality, shall certify to
the Department of Public Safety that the law enforcement agency needs funds or video and audio
equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of installing
video and audio equipment in law enforcement motor vehicles and motorcycles or equipping
peace officers with body worn cameras, the governing body of a county or municipality, in
conjunction with the law enforcement agency serving the county or municipality, shall certify to
the Department of Public Safety that the law enforcement agency has taken the necessary actions
to use and is using video and audio equipment and body worn cameras for those purposes.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017.
Art. 2.138. RULES.
The Department of Public Safety may adopt rules to implement Articles 2.131-2.137.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.1385. CIVIL PENALTY.
(a) If the chief administrator of a local law enforcement agency intentionally fails to submit the
incident-based data as required by Article 2.134, the agency is liable to the state for a civil
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penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to
collect a civil penalty under this subsection.
(b) From money appropriated to the agency for the administration of the agency, the executive
director of a state law enforcement agency that intentionally fails to submit the incident-based
data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each
violation.
(c) Money collected under this article shall be deposited in the state treasury to the credit of the
general revenue fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1,
2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017.
Art. 3.05. RACIAL PROFILING.
In this code, "racial profiling" means a law enforcement-initiated action based on an individual's
race, ethnicity, or national origin rather than on the individual's behavior or on information
identifying the individual as having engaged in criminal activity.
Added by Acts 2001, 77th Leg., ch. 94 7, Sec. 2, eff. Sept. 1, 2001.
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APPENDIX TWO - THE SANDRA BLAND ACT
SB 1849, 2017 Texas Legislative Session
AN ACT
relating to interactions between law enforcement and individuals detained or arrested on
suspicion of the commission of criminal offenses, to the confinement, conviction, or release of
those individuals, and to grants supporting populations that are more likely to interact frequently
with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory
of Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR
PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL
DISABILITY, OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING
MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION].
(a)(1) Not later than 12 [72] hours after receiving credible information that may establish
reasonable cause to believe that a defendant committed to the sheriff's custody has a mental
illness or is a person with an intellectual disability [mental retardation], including observation of
the defendant's behavior immediately before, during, and after the defendant's arrest and the
results of any previous assessment of the defendant, the sheriff shall provide written or electronic
notice of the information to the magistrate. On a determination that there is reasonable cause to
believe that the defendant has a mental illness or is a person with an intellectual disability
[mental retardation], the magistrate, except as provided by Subdivision (2), shall order the local
mental health or intellectual and developmental disability [mental retardation] authority or
another qualified mental health or intellectual disability [mental retardation] expert to:
(A) collect information regarding whether the defendant has a mental illness as defined
by Section 571.003, Health and Safety Code, or is a person with an intellectual disability
[mental retardation] as defined by Section 591.003, Health and Safety Code, including
information obtained from any previous assessment of the defendant; and
(B) provide to the magistrate a written assessment of the information collected under
Paragraph (A).
(2) The magistrate is not required to order the collection of information under
Subdivision (1) if the defendant in the year preceding the defendant's applicable
date of arrest has been determined to have a mental illness or to be a person with
an intellectual disability [mental retardation] by the local mental health or
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intellectual and developmental disability [mental retardation] authority or another
mental health or intellectual disability [mental retardation] expert described by
Subdivision (1). A court that elects to use the results of that previous
determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the collection of information
regarding the defendant as required under Subdivision (1), the magistrate may
order the defendant to submit to an examination in a mental health facility
determined to be appropriate by the local mental health or intellectual and
developmental disability [mental retardation] authority for a reasonable period not
to exceed 21 days. The magistrate may order a defendant to a facility operated by
the Department of State Health Services or the Health and Human Services
Commission [Department of Aging and Disability Services] for examination only
on request of the local mental health or intellectual and developmental disability
[mental retardation] authority and with the consent of the head of the facility. If a
defendant who has been ordered to a facility operated by the Department of State
Health Services or the Health and Human Services Commission [Department of
Aging and Disability Services] for examination remains in the facility for a period
exceeding 21 days, the head of that facility shall cause the defendant to be
immediately transported to the committing court and placed in the custody of the
sheriff of the county in which the committing court is located. That county shall
reimburse the facility for the mileage and per diem expenses of the personnel
required to transport the defendant calculated in accordance with the state travel
regulations in effect at the time.
(b) A written assessment of the information collected under Subsection (a)(1)(A) shall be
provided to the magistrate not later than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day after the date of any order issued
under that subsection in a misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting attorney, and the trial court. The
written assessment must include a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's observations and findings
pertaining to:
(1) whether the defendant is a person who has a mental illness or is a person with an
intellectual disability [mental retardation];
(2) whether there is clinical evidence to support a belief that the defendant may be
incompetent to stand trial and should undergo a complete competency examination under
Subchapter B, Chapter 46B; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's written assessment relating to the
defendant under Subsection (b) or elects to use the results of a previous determination as
described by Subsection (a)(2), the trial court may, as applicable:
(1) resume criminal proceedings against the defendant, including any appropriate
proceedings related to the defendant's release on personal bond under Article 17.032;
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(2) resume or initiate competency proceedings, if required, as provided by Chapter 46B
or other proceedings affecting the defendant's receipt of appropriate court-ordered mental
health or intellectual disability [mental retardation] services, including proceedings
related to the defendant's receipt of outpatient mental health services under Section
574.034, Health and Safety Code; or
(3) consider the written assessment during the punishment phase after a conviction of the
offense for which the defendant was arrested, as part of a presentence investigation
report, or in connection with the impositions of conditions following placement on
community supervision, including deferred adjudication community supervision.
(d) This article does not prevent the applicable court from, before, during, or after the collection
of information regarding the defendant as described by this article:
(1) releasing a defendant who has a mental illness [mentally ill] or is a person with an
intellectual disability [mentally retarded defendant] from custody on personal or surety
bond; or
(2) ordering an examination regarding the defendant's competency to stand trial.
SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article
16.23 to read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR
SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort
to divert a person suffering a mental health crisis or suffering from the effects of substance abuse
to a proper treatment center in the agency's jurisdiction if:
(1) there is an available and appropriate treatment center in the agency's jurisdiction to
which the agency may divert the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor
involving violence; and
(4) the mental health crisis or substance abuse issue is suspected to be the reason the
person committed the alleged offense.
(b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04,
49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code.
SECTION 2.03. Section 539.002, Government Code, is amended to read as follows:
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY
COLLABORATIVES. (a) To the extent funds are appropriated to the department for that
purpose, the department shall make grants to entities, including local governmental entities,
nonprofit community organizations, and faith-based community organizations, to establish or
expand community collaboratives that bring the public and private sectors together to provide
services to persons experiencing homelessness, substance abuse issues, or [and] mental illness.
[The department may make a maximum of five grants, which must be made in the most populous
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municipalities in this state that are located in counties with a population of more than one
million.] In awarding grants, the department shall give special consideration to entities:
(1) establishing [a] new collaboratives; or
(2) establishing or expanding collaboratives that serve two or more counties, each with a
population of less than 100,000 [collaborative].
(b) The department shall require each entity awarded a grant under this section to:
(1) leverage additional funding from private sources in an amount that is at least equal to
the amount of the grant awarded under this section; [and]
(2) provide evidence of significant coordination and collaboration between the entity,
local mental health authorities, municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community collaborative funded
by a grant awarded under this section; and
(3) provide evidence of a local law enforcement policy to divert appropriate persons
from jails or other detention facilities to an entity affiliated with a community
collaborative for the purpose of providing services to those persons.
SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051
to read as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVES. (a)
The governing body of a county shall develop and make public a plan detailing:
(1) how local mental health authorities, municipalities, local law enforcement agencies,
and other community stakeholders in the county could coordinate to establish or expand a
community collaborative to accomplish the goals of Section 539.002;
(2) how entities in the county may leverage funding from private sources to accomplish
the goals of Section 539.002 through the formation or expansion of a community
collaborative; and
(3) how the formation or expansion of a community collaborative could establish or
support resources or services to help local law enforcement agencies to divert persons
who have been arrested to appropriate mental health care or substance abuse treatment.
(b) The governing body of a county in which an entity that received a grant under Section
539.002 before September 1, 2017, is located is not required to develop a plan under Subsection
(a).
(c) Two or more counties, each with a population of less than 100,000, may form a joint plan
under Subsection (a).
ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read
as follows:
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Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL]
DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as
follows:
(b) A magistrate shall release a defendant on personal bond unless good cause is shown
otherwise if the:
(1) defendant is not charged with and has not been previously convicted of a violent
offense;
(2) defendant is examined by the local mental health or intellectual and developmental
disability [mental retardation] authority or another mental health expert under Article
16.22 [of this code];
(3) applicable expert, in a written assessment submitted to the magistrate under Article
16.22:
(A) concludes that the defendant has a mental illness or is a person with an
intellectual disability [mental retardation] and is nonetheless competent to stand
trial; and
(B) recommends mental health treatment or intellectual disability treatment for
the defendant, as applicable; and
(4) magistrate determines, in consultation with the local mental health or intellectual and
developmental disability [mental retardation] authority, that appropriate community-
based mental health or intellectual disability [mental retardation] services for the
defendant are available through the [Texas] Department of State [Mental] Health
Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or
through another mental health or intellectual disability [mental retardation] services
provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a
condition of release on personal bond under this article that the defendant submit to outpatient or
inpatient mental health or intellectual disability [mental retardation] treatment as recommended
by the local mental health or intellectual and developmental disability [mental retardation]
authority if the defendant's:
(1) mental illness or intellectual disability [mental retardation] is chronic in nature; or
(2) ability to function independently will continue to deteriorate if the defendant is not
treated.
SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows:
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the
time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall
[on request] deliver a copy of the indictment [same] to the accused or the accused's [his]
counsel[,] at the earliest possible time.
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SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows:
Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the
indictment or information to the accused or the accused's counsel at the earliest possible time
before trial [it shall not be necessary before trial to furnish the accused with a copy of the
indictment or information; but he or his counsel may demand a copy, which shall be given as
early as possible].
SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B.
875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is
reenacted and amended to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures establishing minimum standards for the
construction, equipment, maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures establishing minimum standards for the
custody, care, and treatment of prisoners;
(3) adopt reasonable rules establishing minimum standards for the number of jail
supervisory personnel and for programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures establishing minimum requirements for
programs of rehabilitation, education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if necessary;
(6) provide to local government officials consultation on and technical assistance for
county jails;
(7) review and comment on plans for the construction and major modification or
renovation of county jails;
(8) require that the sheriff and commissioners of each county submit to the commission,
on a form prescribed by the commission, an annual report on the conditions in each
county jail within their jurisdiction, including all information necessary to determine
compliance with state law, commission orders, and the rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8) and require commission
employees to inspect county jails regularly to ensure compliance with state law,
commission orders, and rules and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs and judges in determining which
defendants are low-risk and consequently suitable participants in a county jail work
release program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for segregation of classes of inmates and to
capacities for county jails;
(12) require that the chief jailer of each municipal lockup submit to the commission, on a
form prescribed by the commission, an annual report of persons under 17 years of age
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securely detained in the lockup, including all information necessary to determine
compliance with state law concerning secure confinement of children in municipal
lockups;
(13) at least annually determine whether each county jail is in compliance with the rules
and procedures adopted under this chapter;
(14) require that the sheriff and commissioners court of each county submit to the
commission, on a form prescribed by the commission, an annual report of persons under
17 years of age securely detained in the county jail, including all information necessary to
determine compliance with state law concerning secure confinement of children in
county jails;
(15) schedule announced and unannounced inspections of jails under the commission's
jurisdiction using the risk assessment plan established under Section 511.0085 to guide
the inspections process;
(16) adopt a policy for gathering and distributing to jails under the commission's
jurisdiction information regarding:
(A) common issues concerning jail administration;
(B) examples of successful strategies for maintaining compliance with state law
and the rules, standards, and procedures of the commission; and
(C) solutions to operational challenges for jails;
(17) report to the Texas Correctional Office on Offenders with Medical or Mental
Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures establishing minimum requirements for jails
to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan addresses medical and mental health
care, including nutritional requirements, and any special housing or work
assignment needs for persons who are confined in the jail and are known or
determined to be pregnant;
(19) provide guidelines to sheriffs regarding contracts between a sheriff and another
entity for the provision of food services to or the operation of a commissary in a jail
under the commission's jurisdiction, including specific provisions regarding conflicts of
interest and avoiding the appearance of impropriety; [and]
(20) adopt reasonable rules and procedures establishing minimum standards for prisoner
visitation that provide each prisoner at a county jail with a minimum of two in-person,
noncontact visitation periods per week of at least 20 minutes duration each;
(21) [(20)] require the sheriff of each county to:
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(A) investigate and verify the veteran status of each prisoner by using data made
available from the Veterans Reentry Search Service (VRSS) operated by the
United States Department of Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to assist prisoners who are veterans
in applying for federal benefits or compensation for which the prisoners may be
eligible under a program administered by the United States Department of
Veterans Affairs;
(22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a
county jail by a guardian, as defined by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same extent as the prisoner's next of kin,
including placing the guardian on the prisoner's approved visitors list on the
guardian's request and providing the guardian access to the prisoner during a
facility's standard visitation hours if the prisoner is otherwise eligible to receive
visitors; and
(B) require the guardian to provide the sheriff with letters of guardianship issued
as provided by Section 1106.001, Estates Code, before being allowed to visit the
prisoner; and
(23) adopt reasonable rules and procedures to ensure the safety of prisoners, including
rules and procedures that require a county jail to:
(A) give prisoners the ability to access a mental health professional at the jail
through a telemental health service 24 hours a day;
(B) give prisoners the ability to access a health professional at the jail or through
a telehealth service 24 hours a day or, if a health professional is unavailable at the
jail or through a telehealth service, provide for a prisoner to be transported to
access a health professional; and
(C) if funding is available under Section 511.019, install automated electronic
sensors or cameras to ensure accurate and timely in-person checks of cells or
groups of cells confining at-risk individuals.
SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to
read as follows:
(d) The commission shall adopt reasonable rules and procedures establishing minimum
standards regarding the continuity of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that a qualified medical professional shall
review as soon as possible any prescription medication a prisoner is taking when the prisoner is
taken into custody.
SECTION 3.07. Chapter 511, Government Code, is amended by adding Sections 511.019,
511.020, and 511.021 to read as follows:
Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account
in the general revenue fund.
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(b) The prisoner safety fund consists of:
(1) appropriations of money to the fund by the legislature; and
(2) gifts, grants, including grants from the federal government, and other donations
received for the fund.
(c) Money in the fund may be appropriated only to the commission to pay for capital
improvements that are required under Section 511.009(a)(23).
(d) The commission by rule may establish a grant program to provide grants to counties to fund
capital improvements described by Subsection (c). The commission may only provide a grant to
a county for capital improvements to a county jail with a capacity of not more than 96 prisoners.
Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month,
the sheriff of each county shall report to the commission regarding the occurrence during the
preceding month of any of the following incidents involving a prisoner in the county jail:
(1) a suicide;
(2) an attempted suicide;
(3) a death;
(4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code;
(5) an assault;
(6) an escape;
(7) a sexual assault; and
(8) any use of force resulting in bodily injury, as that term is defined by Section 1.07,
Penal Code.
(b) The commission shall prescribe a form for the report required by Subsection (a).
(c) The information required to be reported under Subsection (a)(8) may not include the name or
other identifying information of a county jailer or jail employee.
(d) The information reported under Subsection (a) is public information subject to an open
records request under Chapter 552.
Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY
JAIL. (a) On the death of a prisoner in a county jail, the commission shall appoint a law
enforcement agency, other than the local law enforcement agency that operates the county jail, to
investigate the death as soon as possible.
(b) The commission shall adopt any rules necessary relating to the appointment of a law
enforcement agency under Subsection (a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal
Procedure, apply only to a personal bond that is executed on or after the effective date of this
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Act. A personal bond executed before the effective date of this Act is governed by the law in
effect when the personal bond was executed, and the former law is continued in effect for that
purpose.
SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall:
(1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added
by this article, and the rules required by Section 511.021(b), Government Code, as added by this
article; and
(2) prescribe the form required by Section 511.020(b), Government Code, as added by this
article.
SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt
the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this
article. On and after September 1, 2020, a county jail shall comply with any rule or procedure
adopted by the Commission on Jail Standards under that subdivision.
SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th
Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in
enacted codes.
ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING
SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to
read as follows:
Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a)
The Texas Commission on Law Enforcement shall develop and the commission shall approve an
examination for a person assigned to the jail administrator position overseeing a county jail.
(b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail
administrator position overseeing a county jail to pass the examination not later than the 180th
day after the date the person is assigned to that position. The rules must provide that a person
who fails the examination may be immediately removed from the position and may not be
reinstated until the person passes the examination.
(c) The sheriff of a county shall perform the duties of the jail administrator position at any time
there is not a person available who satisfies the examination requirements of this section.
(d) A person other than a sheriff may not serve in the jail administrator position of a county jail
unless the person satisfies the examination requirement of this section.
SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j)
and adding Subsection (n) to read as follows:
(j) As part of the minimum curriculum requirements, the commission shall require an officer to
complete a 40-hour statewide education and training program on de-escalation and crisis
intervention techniques to facilitate interaction with persons with mental impairments. An
officer shall complete the program not later than the second anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an intermediate proficiency
certificate, whichever date is earlier. An officer may not satisfy the requirements of this
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subsection [section] or Section 1701.402(g) by taking an online course on de-escalation and
crisis intervention techniques to facilitate interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the commission shall require an officer to
complete a statewide education and training program on de-escalation techniques to facilitate
interaction with members of the public, including techniques for limiting the use of force
resulting in bodily injury.
SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (e), a person may not be appointed as a county jailer,
except on a temporary basis, unless the person has satisfactorily completed a preparatory training
program, as required by the commission, in the operation of a county jail at a school operated or
licensed by the commission. The training program must consist of at least eight hours of mental
health training approved by the commission and the Commission on Jail Standards.
SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows:
(b) The commission shall require a state, county, special district, or municipal agency that
appoints or employs peace officers to provide each peace officer with a training program at least
once every 48 months that is approved by the commission and consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency certificate, not more than 20 hours of
education and training that contain curricula incorporating the learning objectives
developed by the commission regarding:
(A) civil rights, racial sensitivity, and cultural diversity;
(B) de-escalation and crisis intervention techniques to facilitate interaction with
persons with mental impairments; [and]
(C) de-escalation techniques to facilitate interaction with members of the public,
including techniques for limiting the use of force resulting in bodily injury; and
(D) unless determined by the agency head to be inconsistent with the officer's
assigned duties:
(i) the recognition and documentation of cases that involve child abuse or
neglect, family violence, and sexual assault; and
(ii) issues concerning sex offender characteristics.
SECTION 4.05. Section 1701.402, Occupations Code, is amended by adding Subsection (n) to
read as follows:
(n) As a requirement for an intermediate proficiency certificate or an advanced proficiency
certificate, an officer must complete the education and training program regarding de-escalation
techniques to facilitate interaction with members of the public established by the commission
under Section 1701.253(n).
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SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement
shall develop and the Commission on Jail Standards shall approve the examination required by
Section 511.00905, Government Code, as added by this article.
SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement
shall establish or modify training programs as necessary to comply with Section 1701.253,
Occupations Code, as amended by this article.
(b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code, as
amended by this article, apply only to a peace officer who first begins to satisfy those
requirements on or after April 1, 2018.
SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes
effect January 1, 2018.
(b) A person in the position of county jailer on September 1, 2017, must comply with Section
1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021.
ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF
CITATIONS
SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending
Subsections (b) and (d) and adding Subsection (h) to read as follows:
(b) Each law enforcement agency in this state shall adopt a detailed written policy on racial
profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial
profiling;
(3) implement a process by which an individual may file a complaint with the agency if
the individual believes that a peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's compliment and complaint process,
including providing the telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to each ticket, citation, or warning issued by a
peace officer;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to motor vehicle stops in which a ticket,
citation, or warning is issued and to arrests made as a result of those stops, including
information relating to:
(A) the race or ethnicity of the individual detained;
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(B) whether a search was conducted and, if so, whether the individual detained
consented to the search; [and]
(C) whether the peace officer knew the race or ethnicity of the individual
detained before detaining that individual;
(D) whether the peace officer used physical force that resulted in bodily injury, as
that term is defined by Section 1.07, Penal Code, during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency, regardless of whether the administrator
is elected, employed, or appointed, to submit an annual report of the information
collected under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or municipality served by the agency, if
the agency is an agency of a county, municipality, or other political subdivision of
the state.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the
feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. The agency also shall examine the feasibility of equipping each peace officer who
regularly detains or stops motor vehicles with a body worn camera, as that term is defined by
Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio
equipment or equips peace officers with body worn cameras as provided by this subsection, the
policy adopted by the agency under Subsection (b) must include standards for reviewing video
and audio documentation.
(h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify
any improvements the agency could make in its practices and policies regarding motor vehicle
stops.
SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending
Subsection (b) and adding Subsection (c) to read as follows:
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a
result of the stop, including:
(A) the person's gender; and
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(B) the person's race or ethnicity, as stated by the person or, if the person does
not state the person's race or ethnicity, as determined by the officer to the best of
the officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the
person detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search
and a description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
(C) the search was performed as a result of the towing of the motor vehicle or the
arrest of any person in the motor vehicle;
(6) whether the officer made an arrest as a result of the stop or the search, including a
statement of whether the arrest was based on a violation of the Penal Code, a violation of
a traffic law or ordinance, or an outstanding warrant and a statement of the offense
charged;
(7) the street address or approximate location of the stop; [and]
(8) whether the officer issued a verbal or written warning or a ticket or citation as a result
of the stop; and
(9) whether the officer used physical force that resulted in bodily injury, as that term is
defined by Section 1.07, Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency, regardless of whether the administrator
is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to
ensure that the race or ethnicity of the person operating the motor vehicle is being reported.
SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows:
(c) A report required under Subsection (b) must be submitted by the chief administrator of the
law enforcement agency, regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled under Article 2.133 to:
(A) evaluate and compare the number of motor vehicle stops, within the
applicable jurisdiction, of persons who are recognized as racial or ethnic
minorities and persons who are not recognized as racial or ethnic minorities; [and]
(B) examine the disposition of motor vehicle stops made by officers employed by
the agency, categorized according to the race or ethnicity of the affected persons,
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as appropriate, including any searches resulting from stops within the applicable
jurisdiction; and
(C) evaluate and compare the number of searches resulting from motor vehicle
stops within the applicable jurisdiction and whether contraband or other evidence
was discovered in the course of those searches; and
(2) information relating to each complaint filed with the agency alleging that a peace
officer employed by the agency has engaged in racial profiling.
SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public
Safety shall adopt rules for providing funds or video and audio equipment to law enforcement
agencies for the purpose of installing video and audio equipment in law enforcement motor
vehicles and motorcycles or equipping peace officers with body worn cameras [as described by
Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided
to law enforcement agencies. The criteria may include consideration of tax effort, financial
hardship, available revenue, and budget surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher education to
identify law enforcement agencies that need funds or video and audio equipment for the purpose
of installing video and audio equipment in law enforcement motor vehicles and motorcycles or
equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The
collaboration may include the use of a survey to assist in developing criteria to prioritize funding
or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of installing
video and audio equipment in law enforcement motor vehicles and motorcycles or equipping
peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing
body of a county or municipality, in conjunction with the law enforcement agency serving the
county or municipality, shall certify to the Department of Public Safety that the law enforcement
agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of installing
video and audio equipment in law enforcement motor vehicles and motorcycles or equipping
peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing
body of a county or municipality, in conjunction with the law enforcement agency serving the
county or municipality, shall certify to the Department of Public Safety that the law enforcement
agency has taken the necessary actions to use and is using [installed] video and audio equipment
and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using
the equipment as required by Article 2.135(a)(1)].
SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows:
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(a) If the chief administrator of a local law enforcement agency intentionally fails to submit the
incident-based data as required by Article 2.134, the agency is liable to the state for a civil
penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The attorney
general may sue to collect a civil penalty under this subsection.
SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed.
SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this
article, apply only to a report covering a calendar year beginning on or after January 1, 2018.
SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement
shall:
(1) evaluate and change the guidelines for compiling and reporting information required
under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable
the guidelines to better withstand academic scrutiny; and
(2) make accessible online:
(A) a downloadable format of any information submitted under Article 2.134(b),
Code of Criminal Procedure, that is not exempt from public disclosure under
Chapter 552, Government Code; and
(B) a glossary of terms relating to the information to make the information
readily understandable to the public.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act, this Act takes effect September 1,
2017.
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APPENDIX THREE - DENTON PD RACIAL PROFILING POLICY
General Order 14.3
Subject: Bias Policing and Racial Profiling Policy
Effective Date: January 1, 2018
14.3 PURPOSE
The purpose of this Order is to clearly state that racial profiling and bias policing is completely
intolerable and contrary to the governing values of the Denton Police Department, to provide
guidelines for officers to prevent such occurrences, to establish procedures to educate citizens
how to report incidents of perceived racial profiling, and to protect police officers of the
department when they act within the dictates of the law and policy from groundless accusations.
14.3.1 POLICY
It is the policy of the Department to patrol in a proactive manner, to assertively investigate
suspicious persons and circumstances, and to actively enforce motor vehicle and penal laws. The
Department is committed to a respect for constitutional rights in the performance of duties. We
live and work in communities very diverse in population: respect for diversity and equitable
enforcement of the law are essential to our mission.
All enforcement actions, particularly stops of individuals, for traffic and other purposes,
investigative detentions, arrests, searches and seizures of persons or property, shall be based on
the standards of reasonable suspicion or probable cause as required by the United States
Constitution and statutory authority. In all enforcement decisions, officers shall be able to
articulate specific facts, circumstances, and conclusions which support probable cause or
reasonable suspicion for arrests, searches, seizures, and stops of individuals. Nothing in this
Order limits non-enforcement contacts between officers and the public.
Most of the following terms appear in this Order. In any case, these terms appear in the larger
public discourse about alleged biased enforcement behavior and in other Orders. These
definitions are intended to facilitate on-going discussion and analysis of our enforcement
practices.
Bias – Prejudice or partiality which may be based on preconceived ideas, a person’s upbringing,
culture, experience, or education.
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Biased Policing – A law enforcement-initiated action based on an individual’s race, ethnic
background, gender, sexual orientation, religion, economic status, age, cultural group, or any
other identifiable group rather than on the individual’s behavior or on information identifying the
individual as having engaged in criminal activity.
Community Care-Taking Function – Allows detentions of persons and vehicles without
suspected criminal activity. Officers who observe persons in need of help may initiate contact
without reasonable suspicion or probable cause. The reasonableness of the stop must be based
on:
The nature and level of the distress exhibited by the person who is being helped;
The person’s location;
Whether the person was alone or had access to other means of assistance; and
The extent to which the person is a danger to himself or others.
Consensual Encounter – A consensual encounter is a contact between a citizen and an officer
that is voluntary and in which the citizen is free to leave. Officers can approach, contact, and
question citizens in public places without any suspicion of criminal conduct. Under these
circumstances, citizens are free to engage the officers’ questions or not and are free to leave at
any time. Officers or citizens can initiate consensual encounters. As long as the officer’s speech
and conduct do not clearly imply that the citizen is required to answer questions or requests, the
encounter remains consensual.
Ethnicity – A cluster of characteristics which may include race but also cultural characteristics
or traits which are shared by a group with a common experience or history.
Probable Cause – Facts or apparent facts and circumstances within an officer’s knowledge and
of which the officer has reasonable, trustworthy information to lead a reasonable person to
believe that an offense has been or is being committed and that the suspect has committed it.
Race – A category of people of a particular decent, including Caucasian, African, Hispanic,
Asian, Native American descent, or Middle Eastern descent. As distinct from ethnicity, race
only refers to physical characteristics sufficiently distinctive to group people under a
classification.
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Racial Profiling – A law enforcement-initiated action based on an individual’s race, ethnicity, or
national origin rather than on the individual’s behavior or on information identifying the
individual as having engaged in criminal activity.
Reasonable Suspicion – Articulable, objective facts which lead an experienced officer to
suspect that a person has committed, is committing, or may be about to commit a crime. A well-
founded suspicion is based on the totality of the circumstances and does not exist unless it can be
articulated. Reasonable suspicion supports a stop of a person. Courts require that stops based on
reasonable suspicion be “objectively reasonable.”
Sex – A biological classification, male or female, based on physical and genetic characteristics.
Stop – The detention of a subject for a brief period of time, based on reasonable suspicion. A
stop is an investigative detention
14.3.3 PROHIBITION
Officers are prohibited from engaging in bias policing, racial profiling, or stopping, detaining,
searching, arresting, or taking any enforcement action including seizure or forfeiture activities,
against any person based solely on the person’s race, color, ethnicity, ethnic background,
national origin, citizenship, cultural group, religion, age, creed, sex, sexual orientation, disability,
economic status or other identifiable group. These characteristics, however, may form part of
reasonable suspicion or probable cause when officers are seeking a suspect with one or more of
these attributes.
Any deliberate recording of any misleading information related to the actual or perceived race,
ethnicity or gender of the person stopped for investigative or enforcement purposes is prohibited
and a cause for disciplinary action, up to and including indefinite suspension.
14.3.4 PROCEDURES
Reasonable suspicion or probable cause shall form the basis for any enforcement actions or
decisions. Individuals shall only be subjected to stops, seizures, or detention upon reasonable
suspicion that they have committed, are committing, or are about to commit an offense. Officers
shall document the elements of reasonable suspicion and probable cause in appropriate reports.
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Employees shall observe and respect the constitutional rights of all persons and shall not engage
in discrimination, oppression, or favoritism.
Because traffic stops furnish a primary source of bias-related complaints, officers shall have a
firm understanding of the warrantless searches allowed by law, particularly the use of consent.
How the officer disengages from a traffic stop may be crucial to a person’s perception of fairness
or discrimination.
Officers shall not use the refusal or lack of cooperation to justify a search of the person or
vehicle or a prolonged detention once reasonable suspicion has been dispelled.
All personnel shall treat everyone with the same courtesy and respect that they would want
others to treat Department personnel. To this end, personnel are reminded that the exercise of
courtesy and respect engenders a future willingness to cooperate with law enforcement.
Personnel should facilitate an individual’s access to other governmental services whenever
possible, and shall actively provide referrals to other appropriate agencies.
All personnel shall courteously accept, document, and forward to the Chief of Police any
complaints made by an individual against the Department or its officers or employees, per
General Order 10.2.
When feasible, personnel shall offer explanations of the reasons for enforcement actions or other
decisions that bear on individual’s well-being unless the explanation would undermine an
investigation or jeopardize an officer’s safety.
All personnel are accountable for their actions. Personnel shall justify their actions when
required.
14.3.5 SUPERVISORY RESPONSIBILITIES
Supervisors shall be held accountable for the observance of constitutional safeguards during the
performance of their duties. Supervisors shall identify and correct instances of bias in the work
of their subordinates.
Supervisors shall use the disciplinary mechanisms of the Department to ensure compliance with
this Order and the constitutional requirements of law enforcement.
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Supervisors shall be mindful that in accounting for the actions and performance of subordinates,
supervisors are key to maintaining community trust in law enforcement. Supervisors shall
continually reinforce the ethic of impartial enforcement of the laws, and shall ensure that
personnel, by their actions, maintain the community’s trust in law enforcement.
Supervisors are reminded that biased enforcement of the laws engenders not only mistrust of law
enforcement, but increases safety risks to personnel. Lack of control over bias also exposes the
Department to liability.
Supervisors shall ensure that all enforcement actions are duly documented per Departmental
policy. Supervisors shall ensure that all reports show adequate documentation of reasonable
suspicion and probable cause, if applicable.
Supervisors shall facilitate the filing of any complaints regarding law enforcement service per
General Order 10.2.
14.3.6 DISCIPLINARY CONSEQUENCES
Actions prohibited by this Order shall be cause for disciplinary action, up to and including
indefinite suspension.
14.3.7 COMPLAINTS
Any person who believes that a Denton police officer has engaged in bias policing or racial
profiling with respect to that person may file a complaint with the Department. No person shall
be discouraged, intimidated, or coerced from filing such a complaint. No person shall be
discriminated against because they have filed such a complaint.
Information on filing a compliment or complaint about a Denton police officer, including the
Department’s telephone number, mailing address, and e-mail contact information will be
provided on each citation, ticket, or warning issued by the Department.
The Department shall accept and investigate citizen complaints alleging incidents of bias
policing and racial profiling. Such complaints shall be investigated according to General Order
10.2.
Complainants and officers will be notified of the result(s) of the investigation when such
investigation is completed.
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14.3.8 RECORD KEEPING
The following information shall be collected on all motor vehicle stops that result in the issuance
of a written or verbal warning, the issuance of a citation/ticket, or an arrest:
1) The race or ethnicity of the individual detained;
2) Whether a search was conducted and, if so, whether the individual detained consented to the
search;
3) Whether the officer knew the race or ethnicity of the individual detained before detaining that
individual, and
4) Whether the officer used physical force that resulted in bodily injury, as that term is defined
by Section 1.07 of the Texas Penal Code, during the stop;
5) The location of the stop; and
6) The reason for the stop.
Appropriate documentation of each motor vehicle stop shall be completed using a Department-
issued ticket writer or on a handwritten citation/warning.
Officers are expected to “check out” with Dispatch each time he/she makes a motor vehicle stop
, and upon clearing the stop, ensure that the necessary data is collected using the above listed
methods. Consensual encounters do not require reasonable suspicion or probable cause. They
are not of the same category as detentions or arrests. Therefore, documentation is not required
for these instances. In addition, a “frisk” for weapons of a person’s outer clothing is not a search
and should not be documented as such for purposes of this policy.
14.3.9 REPORTING
The information collected shall be compiled in an annual report covering the period of January 1
through December 31 of each year and shall be submitted to the Texas Commission on Law
Enforcement and City Council. The annual report shall neither include identifying information
about any individual stopped or arrested nor shall it include identifying information about any
peace officer involved in a stop or arrest.
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APPENDIX FOUR - DENTON PD POLICY ON BODY WORN CAMERAS
General Order 14.3
Subject: Body Worn Video Procedures
Effective Date: April 6, 2015
4.7 PURPOSE
Police service delivery entails numerous contacts between the police and the citizenry, some of
which occur under adverse conditions. When possible, in order to protect the Department, its
officers, and the citizens we serve, it is often advantageous to have an accurate record of
citizen/police interactions. Documentation offered by body camera video systems can help
provide such verification and may also enhance an officer’s report, the collection of evidence
and other investigative activities, facilitate transparency and accountability with department
employees and the public, and generally aid in the prosecution of criminal acts.
4.7.1 POLICY
It is the policy of this Department to provide a body worn camera system to officers handling
calls for service in the field. Any officer individually assigned a body worn camera and all
officers in the Operations Bureau with cameras designated specifically for their use will use the
department provided body worn camera system. Officers in the CIB and Support bureaus will
use body worn cameras at the direction of their bureau commanders. Officers will use only those
cameras provided by this Department. Officers will follow the procedures detailed in this order
regarding body worn cameras.
Officers are not required to wear a body camera during uniformed off or extra duty employment.
Officers working overtime to cover patrol shifts will be expected to wear a body camera if one is
available.
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Officers may use personal cameras during extra duty/ off duty employment only when:
• There is no department provided camera available
• The officer consents that all video collected on the camera is the property of the agency
• The officer has the responsibility to ensure the video captured meets the standards
• required by the District Attorney’s office for use as evidence.
• The officer is responsible for uploading all video into evidence.com and troubleshooting
this process.
• The video on the camera is subject to supervisory review on demand without explanation.
• A supervisor may prohibit the use of the camera by the officer if the officer fails to
adhere to this policy.
4.7.2 DEFINITIONS FOR THE PURPOSES OF THIS ORDER
Call for service – Any call by a citizen requesting assistance from the Department.
Pedestrian Stop – Interaction between a peace officer and an individual who is being
detained for the purpose of a criminal investigation in which the individual is not under
arrest.
Private Space- A place where a person has a reasonable expectation of privacy including
but not limited to a residence.
Traffic Stop – A peace officer that stops a motor vehicle for an alleged violation of a law
or ordinance regulating traffic.
4.7.3 DIGITAL VIDEO DOCUMENTATION & EVIDENCE
Digital video will be uploaded to the server automatically. If an officer notices that his/her
equipment is not performing or uploading correctly, the officer should notify his/her supervisor
immediately.
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Officers shall not deliberately disable any Department provided video recording equipment
during an event that requires recording.
Officers wishing to preserve a non-evidentiary digital recording for their personal protection or
that of the Department, or other potential beneficial future use, will have the video
uploaded automatically and wirelessly (as with all other videos). The officer will categorize the
video as “confrontational” to preserve that video for 241 days.
Body worn cameras will be placed on the downloading docking station prior to the end of an
officer’s tour of duty. The officer is also required to make necessary documentation and
categorize the videos stored on the body worn camera prior to ending their tour.
Officers shall not use digital videos, photographs, or any other evidence for personal use (i.e.,
posting to Facebook, MySpace, etc.) without permission of the Chief of Police (see General
Order 14.1 Social Media Policy). Officers should refrain from viewing a video if they do not
have a legitimate law enforcement or training purpose in viewing the video. Evidence.com
maintains an audit trail of all views and modifications to digital evidence stored there. Officers
will be accountable for their evidence.com account’s presence on any evidentiary audit trail.
Officers should view any available recording prior to completion of their written reports.
Officers that have recorded evidentiary material on a body worn camera will designate the video
in the appropriate categories to remove it from the purge cycle. Officers are not required to make
a DVD of this video unless the prosecuting attorney requires the evidence to be presented in such
a manner.
4.7.4 REQUIRED USE OF BODY CAMERA SYSTEMS
Prior to beginning a tour of duty, officers shall verify that their body worn camera is functioning
properly. This includes making sure the camera is charged. The camera has a proper cable
connection between the camera and battery pack. This also includes making sure the camera is
assigned to them.
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The Department recognizes that our officers are participants in fast evolving, dynamic situations.
These situations might prevent or cause an officer to forget to activate their body worn camera
systems. Officers should activate their cameras as soon as practical once these dynamic
situations come under control. Officers shall routinely record all pedestrian and traffic stops as
defined by this policy and in accordance with the exemption under Texas CCP (Article 2.135),
Racial Profiling act. Officers will record the following:
• Any self-initiated detention
• Any consensual contact
• Any call for service where the officer meets the complainant in person
• Any citizen interaction that is potentially evidentiary in nature including but not limited
to suspect interviews, victim interviews, witness interviews, to capture consent to search
• Any citizen contact that has become or is foreseeable to become confrontational.
• Any critical incident including but not limited to a use of force, foot pursuit, vehicle
pursuit, emergency driving, response to an in-progress event when activation of the
camera is safe and does not present a distraction.
• Any citizen contact that the officer wants recorded
Officers are not required to record the following types of contacts or functions
• Contacts with confidential informants
• Contacts with citizens not related to enforcement activities such as community meetings
or casual conversations with a citizen
• Interviews of victims of traumatic events where the victim insists on not being recorded
• Prolonged guard details including but not limited to guarding a prisoner at a hospital, or
perimeter security at a crime scene
• The body worn camera should not be used as a substitute for a still camera or a higher
quality video camera for the purposes of documenting a crime scene.
• SRO’s or other officers are not required to record meetings with DISD staff and
• students that do not involve a criminal investigation
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Officers can discontinue recording when:
• The subject is in custody controlled in a vehicle.
• To seek guidance from a supervisor or other officer
• The officer will step away from the subject and narrate that the video is being temporarily
discontinued to confer with a colleague
The officer will reactivate the video prior to re-contacting the subject.
Officers shall not use body worn cameras to intentionally capture themselves or another
employee in a compromising or embarrassing situation in an area where that employee has an
expectation of privacy including but not limited to a restroom, locker room, or private residence.
The Department recognizes that body worn cameras are being deployed in conjunction with in
car video system. Officers are to focus primarily on activating the body worn camera. If the in-
car camera is not activated by emergency equipment, its activation is secondary to the body worn
camera system.
4.7.5 LEGAL CONSIDERATIONS
The Department recognizes that Texas requires the consent of one involved party to lawfully
record an interaction between two parties. Officers are not required to notify citizens that they
are being recorded. Officers are not required to comply with a citizen’s demand to turn off their
body worn camera. Officers may block or face the camera away from a citizen that is partially
disrobed or in a similar type compromising position at the officer’s discretion based on the
totality of the circumstances and perceived threats. The body worn camera will remain on and
recording in these events.
The Department recognizes that the body worn camera is a fixed recording device. The camera
will not always capture the perceptions of the officer. The camera may also capture evidence that
the officer does not see. This will be considered when using a video to evaluate an officer’s
actions.
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4.7.6 VIDEO MANAGEMENT
Direction from the City’s Legal Department should always be sought prior to the release or
copying of video footage for purposes other than routine requests, (i.e., DWI DVDs for the DA’s
office, or internal requests within parameters of this policy). The department will not release the
following videos to the public:
• Videos that are non-evidentiary filmed in the private space of a third party.
• Videos involving cases being actively investigated.
• The chief of police may choose to release a video of a case under investigation in order to
further positive community relations.
• Videos involving officers being investigated internally.
• Videos maintained by the department involving a case being investigated by another law
enforcement agency.
Body worn camera videos will be stored in the cloud-based storage provided through
Evidence.com. Officers cannot publish any video or photographic evidence they obtain without
written authorization from the Department.
Officers are allowed to share their videos with other department employees for the purpose of
allowing another officer to use the video evidence in a criminal case investigation.
Officers shall not have access to delete files that they generate.
Command level officers may authorize reproduction/ downloading of a video for use in law
enforcement training. The command officer will make written authorization in the comment area
of the video on evidence.com. This will preserve the consent in the audit trail of the video.
Deputy Chiefs may authorize video for publication in public mediums. The DC will make
written authorization in the comment area of the video on evidence.com. This will preserve the
consent in the audit trail of the video.
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4.7.7 DIGITAL VIDEO STORAGE
The Department will set parameters for storage of data on Evidence.com. The department will
comply with the state requirement of maintaining videos of officers engaged in an official
capacity for a minimum of 90 days. The department reserves the right to establish any category it
sees fit and adjust the storage parameters on Evidence.com as long as it remains compliant with
state law.
The Department will allow officers to categorize videos for storage. The Department will allow
administrators to delete videos accidentally captured on a body worn camera that do not depict
officers acting in an official capacity including but not limited to officers captured accidentally in
a restroom, locker room, or their residence. These videos will be categorized as accidental. These
videos will be deleted by an evidence.com admin user when requested in writing by a command
level officer in the chain of command of the officer captured on video.
4.7.8 JUVENILE RECORDS MANAGEMENT
Juvenile information will be managed as follows:
• Video footage involving the criminal investigation or detention of a juvenile will be
categorized ONLY as juvenile on evidence.com.
• If an investigation will not be referred for prosecution, the investigator will notify an
evidence.com administrator via email that the video record should be manually deleted.
The administrator will move the video into the deletion queue and note in the audit trail
why the video is being deleted as soon as practical.
• Any department employee will document their reason for viewing a juvenile video in the
comment section. This will ensure that the audit trail shows who viewed the video, when
they viewed the video, the IP address of the device that viewed the video, and why they
viewed the video.
• Juvenile videos shall not be authorized for use as training aids.
• Juvenile records shall not be published to the media or the public without an opinion
from a city attorney.
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4.7.9 BODY WORN VIDEO SYSTEM MAINTENANCE
Any body worn cameras in need of repair or not properly functioning should be brought to the
attention of the officer's immediate supervisor. That supervisor should notify the program
administrator to have the problem addressed.
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APPENDIX FIVE - DENTON PD RACIAL PROFILING TRAINING
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Date: March 22, 2019 Report No. 2019-054
INFORMAL STAFF REPORT
TO PUBLIC UTILITY BOARD
SUBJECT:
Power Supply Overview of the City of Georgetown’s Electric Utility
PURPOSE:
The purpose of this staff report is to provide a high-level summary of the City of Georgetown’s
electric utility power supply situation using publicly available information posted to the City of
Georgetown’s official website: https://georgetown.org/. This report will also contrast
Georgetown’s renewable power supply situation with that of the City of Denton, which has also
adopted a near-term 100% renewable energy target.
DISCUSSION:
The City of Georgetown, Texas owns and operates a municipal electric utility system.
Georgetown has received significant media attention as a result of its 100% renewable energy
program and its recent rate changes to address revenue shortfalls in its purchased power budget.
In 2008, Georgetown adopted an Integrated Resource Plan (IRP) for power supply with a goal of
obtaining a mix composed of 30% renewable, 30% coal, 30% gas, and 10% market energy. The
plan also noted that nuclear energy could be substituted for the coal or gas target if nuclear
energy was available. Policy direction at the time on power portfolio goals were (i) competitively
priced; (ii) long-term stable rates; (iii) mitigate regulatory, legislative, and financial risk; and (iv)
30% renewable by 2030.
The Lower Colorado River Authority was the primary provider of electric energy to Georgetown
from 1940 to 2012. Georgetown elected to terminate this arrangement in 2012 since LCRA could
not meet Georgetown’s IRP goals. From Georgetown’s perspective, LCRA had an aging power
generation fleet, expensive new investments, and could not make rate guarantees.
When Georgetown sought to replace the LCRA arrangement, they evaluated multiple options in
wind, coal, and gas and found that all forms of power were quite costly. Every option was above
their electric rate targets.
Other than a small wind contract signed in 2008 that was passed through to Southwestern
University (located in Georgetown), the first power supply contract entered into by Georgetown
was natural gas based with a term of 2012 through 2021. Georgetown states that longer-term
contracts were not available in the Electric Reliability Council of Texas (ERCOT) due to
projected power shortages and high prices (the summer of 2011 was a notably hot summer).
Next, Georgetown entered into a contract for wind energy in 2013 that runs through 2035. This
was followed by a solar contract that was entered into in 2015 with a term through 2043.
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Date: March 22, 2019 Report No. 2019-054
In reviewing publicly available information on Georgetown’s power supply and financial
situation, Georgetown’s challenges can be summarized as follows:
Georgetown has contracted for significantly more energy than necessary to meet its customer
needs. In 2019, Georgetown projects its power portfolio to total 1,260,200 MWH. At the
same time, it projects customer demand to equal only about 680,000 MWH, just 54% of its
supply portfolio.
Georgetown was an early adopter of renewables (i.e. 2013 and 2015) when renewable energy
costs were significantly higher than what is available today – perhaps by a factor of two or
three based on industry experiences. Georgetown’s natural gas contract, signed in 2012, is
also similarly impacted by high cost versus its value today. All resources are “take-or-pay”
which means Georgetown is unable to reduce its contracted purchases. (It should be noted
that each of these contracts were likely low cost options at the time of adoption and projected
to be favorable economically based on ERCOT forward price projections).
Georgetown’s power supply strategy was developed during a period when natural gas prices
(the primary driver of energy within the ERCOT market) were projected to rise. By signing
long-term contracts for fixed prices, Georgetown protected their ratepayers from further price
escalations, but exposed them to the risk of “over market” payments in the event those
projections did not materialize. In fact, natural gas prices actually declined, resulting in
lower electric prices in Texas and significantly reduced revenues associated with the excess
energy in Georgetown’s portfolio.
Cooler than normal weather during parts of 2018 reduced Georgetown’s (and all other power
producers in ERCOT) revenues well below budget projections.
Georgetown outsources its power scheduling functions to a third party. This approach limits
their access to detailed (real-time) market intelligence, which impacts power portfolio
management and optimization activities.
The Denton power supply situation has some similarities to Georgetown, but also has some
notable differences.
To meet its 100% renewable energy goal, Denton strives to match its renewable portfolio to
projected annual customer demand. An exception may occur in calendar years 2021 through
2023, if Denton’s “Whitetail” contract is not be considered to be renewable. While the
Denton Energy Center may also seem to be an exception, this resource is not “take-or-pay”
from an energy standpoint and operates only when market prices exceed variable cost.
Based on current and projected ERCOT market prices, only Denton’s Whitetail contract (30
MW) and its DTE landfill gas contract (1.6 MW) cost more than their respective market
revenue. Seven other wind and solar contracts (current and those under negotiation) have
revenues that will roughly equal or exceed costs.
Since 2014, Denton has maintained a comprehensive 24-hour power supply scheduling and
portfolio management operation.
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Date: March 22, 2019 Report No. 2019-054
CONCLUDING REMARKS:
Some concluding thoughts on the Georgetown and Denton power supply situations may be
appropriate.
ERCOT bulk power market prices and associated rules can be forecasted, but not controlled.
Depending largely on natural gas prices and the ERCOT load-resource balance (i.e. reserve
margin), future market prices for buyers (and hence revenues for sellers) could be dramatically
higher or lower than current conditions or from projections. During the industry’s 100+ year
history, electric utilities have had the obligation to serve their customers’ electricity needs and to
acquire the power supply resources needed to do so – regardless of cost or economics.
Long-term contracts bring stability and certainty to the cost side of a utility’s power supply
budget. Prior to the advent of organized electricity markets like ERCOT, just knowing costs was
sufficient. Most of these costs could be reflected in electricity rate tariffs for customers with a
modest ECA (energy cost adjustment) for changes in fuel commodity costs.
Today, for budgeting, financial, and rate setting purposes, it is also necessary to realistically
project ERCOT market prices/revenues (which vary hourly) – not just know costs. Georgetown’s
current budget issue results from inaccurate forward market forecasts of ERCOT market
prices/revenues in 2018. DME and all other power producers in ERCOT are similarly impacted.
As a result, ECAs must now reflect not only power costs (easy to project if contracted in
advance) but also market prices/revenues, which are more difficult to project since weather (and
resulting sales) is a large factor in addition to ERCOT grid/equipment conditions.
As is prudent, Georgetown updated its energy cost adjustment rate (ECA) level for 2019 to
address their recent and forecasted revenue shortfall. Denton will evaluate its ECA level, and its
ECA methodology, during its FY 2019-2020 budget process.
ATTACHMENTS:
1. “FAQ Georgetown Energy Contracts” from City of Georgetown, TX website
2. “Sun City Town Hall” PowerPoint Presentation by Georgetown City Manager dated
January 24, 2019 from City of Georgetown, TX website
3. “What We’re Doing Now” from City of Georgetown, TX website
STAFF CONTACT:
George F. Morrow
DME General Manager
940-349-8487
George.Morrow@cityofdenton.com
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Sun City Town Hall
CITY MANAGER D AVID MORGAN
JANUARY 24, 2019
116
2019 Look Ahead
117
South’s Best
Named number 1 on The South’s
Best Cities to Live in 2018 by
Southern Living
Number 12 on The South’s
Prettiest Cities 2018 list by
Southern Living
118
Citizen Survey
81 percent of residents rate the
value of city services as good or
excellent
98 percent of respondents rate
overall quality of life in
Georgetown as good or excellent.
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120
Addressing Current and Future
Challenges
Electric Purchased Power Costs
Transportation
Water/Wastewater
2030 Plan
Q&A
121
Electric Purchased
Power Costs
BACKGROUND AND CURRENT STATUS OF THE CITY’S ELECTRIC FUND
122
2008 Purchased Power Goals
Current policy direction on power portfolio goals
◦Competitively priced
◦Long-term stable rates on energy
◦Mitigate regulatory, legislative, and financial risk
◦30% renewable by 2030
2008 Integrated Resource Plan (IRP)
◦30% Renewable
◦30% Coal
◦30% Gas
◦10% Market
◦Substitute Nuclear power for Coal or Gas if available
123
Contract History
LCRA Primary Provider of energy from 1940-2012
◦Did not renew as they couldn’t meet purchased power goals
◦Aging fleet
◦New investments were expensive
◦No rate guarantees to the City
2008 –Signed small wind contract with AEP as a pass through deal
for Southwestern University
Utility had no other sources of power at this time
124
State of markets in 2008-2012
All forms of power were
expensive to acquire
City evaluated multiple
options in wind, coal, and
ga s
Every option was above
electric rate targets
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80
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Hours of the Day
Blocks of Power versus Load
Base Load Intermediate Peak Short Long Actual Load
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Competitive Procurement of Purchased
Power
2012
◦LCRA contract terminated
◦Began competitive procurement for energy (gas, coal, wind, solar, and nuclear)
Philosophical design for the utility
◦Targeted peak vs. base load protection
◦Targeted future vs. current needs
2008-2012 had shown a high frequency of price spikes during peak
demand
126
Competitive Procurement of Purchased Power
2012
◦Mercuria (MEA) contract approved through 2021 (Gas Contract)
◦No long-term contracts available due to ERCOT forecasting shortage and resulting
high energy prices
2013
◦Spinning Spur 3 (SS3) contract approved through 2035 (Wind Contract)
2015
◦Buckthorn Contract approved through 2043 (Solar Contract)
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Competitive Procurement of Purchased Power
0
50
100
150
200
250
Hours of the Day
Blocks of Power versus Load
Base Load Wind Solar Short SS3 Long Solar Long Actual Load
BkTH $$
MEA Block $$$
SS3 $
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0
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100
150
200
250
300
350
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043
Annual Peak Supply
MEA EDF BkTH Peak
*MEA block ($$$) expires at the end of Dec. 2021
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Why the long position?
Georgetown’s energy demand was growing rapidly
High frequency of price spikes for peaking energy in 2008-2014
ERCOT was forecasting energy shortages past 2021
Forecast for energy market predicted increasing prices
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State of the energy market in 2016
Mild weather depressed power prices throughout the year
0
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20
30
40
50
$/mWhin SLZPower
2013 Power Forward curve Actual Price
0
1
2
3
4
5
$/mmbtuNatural Gas
2013 GAS price forward Actual Price
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State of the energy market in 2017
Hurricane Harvey disrupted all of ERCOT
Energy prices crashed
0
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20
30
40
50
$/mWhin SLZPower
2013 Power Forward curve Actual Price
0
1
2
3
4
5
$/mmbtuNatural Gas
2013 GAS price forward Actual Price
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State of the energy market in 2018
Return to normal weather patterns
Normal market performance in late-M ay and all of June
Prices crashed as more generation came online
0
10
20
30
40
50
$/mWhin SLZPower
2013 Power Forward curve Actual Price
0
1
2
3
4
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$/mmbtuNatural Gas
2013 GAS price forward Actual Price
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State of the current energy market
Market fundamentals have changed significantly since our contracts were
originally proposed
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120
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1/29/20163/29/20165/29/20167/29/20169/29/201611/29/20161/29/20173/29/20175/29/20177/29/20179/29/201711/29/20171/29/20183/29/20185/29/20187/29/20189/29/201811/29/20181/29/20193/29/20195/29/20197/29/20199/29/201911/29/20191/29/20203/29/20205/29/20207/29/20209/29/202011/29/20201/29/20213/29/20215/29/20217/29/20219/29/202111/29/2021$/mWhin SLZPower
2013 Power Forward curve Actual power and current forward 2017 Forward 2018 Forward
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State of the current energy market
Market fundamentals have changed significantly since our contracts were
originally proposed
0
1
2
3
4
5
6
$/mmbtuNatural Gas
2013 GAS price forward Actual GAS and current forward
135
2019 electric fund actions
•Budget based on rate ta rget
•Took advantage of November natural gas price spike to sell 2019
MEA gas and energy into the forward market
•Initiated discussions with SS3 and Buckthorn on contract structure
•Actively soliciting proposals from other utilities and brokers on
selling remaining long position
•Updating management strategies
•Seeking alternatives for portfolio management going forward
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Electric Rate Structure
Base Monthly Charge (100% of fixed costs)
◦Currently $24.80 per month (up from $20.00 to offset increased investment)
Variable per kWh Charge
◦Target for all Power and Transmission Costs including ERCOT Fees and Charges
◦$0.0629 per kWh
◦Power Cost Adjustment Factor (PCA)
◦$0.004 per kWh
◦Delivery costs, fees, and charges incurred by the City
◦$0.0329 per kWh
◦Transmission Cost Adjustment Factor (TCA)
◦0.000 per kWh
◦Used when unexpected increases to transmission rates occur during a budget year
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PCA Adjustment
Effective Feb. 1 the City will adjust the PCA by $0.0135 per kwh through the
end of September
The average customer uses 949 kilowatt hours per month and will
experience a $12.82 increase on their monthly bill.
The PCA adjustment will generate $6 million in FY2019, and is needed to
ensure the financial stability of the electric fund should steps to reduce the
long position take longer to implement than expected
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Transportation
Williams Drive
I-35 intersection
Lakeway intersection
Rivery Blvd. and Northwest Blvd.
Overlay Treatment in Sun City
139
Water and Wastewater
Sun City Water Tower
Berry Creek Interceptor
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Water and Wastewater
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2030 Plan
Began an update to the 2030
Comprehensive Plan
City hosted On the Table in
September, involving more than
1,500 people
Long Range Land Use Map
Future housing options
Commercial corridors
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Cost of Service
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Q&A
David Morgan
David.Morgan@georgetown.org
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What We’re Doing Now – Georgetown Utility Systems
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Georgetown Utility Systems
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Georgetown Utility Systems > Electric > What We’re Doing Now
What We’re Doing Now
Current Challenge
Simply put, the City is buying more power than it currently needs.
Over the past few years, the energy market in Texas has also experienced a fundamental change. Forecasts provided by the
Electric Reliability Council of Texas, the State’s energy grid operator, have proven to be unreliable. What were perceived as
anomalies in 2016 and 2017, such as reduced consumption, unpredictable pricing, and unusually cold weather, masked the true
impact of a depressed global energy market. The effect of depressed energy prices became abundantly obvious in 2018.
At the same time, the utility is seeing a drop in consumer demand which is largely driven by conservation efforts, energy-saving
technologies, and more energy-efficient new construction. Due to these two factors, the City ended the 2018 fiscal year with a
$6.84 million shortfall in the electric fund, leaving a fund balance of $1.97 million.
In 2016, 2017, and 2018, the City addressed these ongoing challenges with one-time solutions, including adjusting how the City
financed electric infrastructure projects, such as cash versus debt financing, adjusting the timing of projects, increasing the PCA
on electric bills, and completing a rate study. All these efforts were intended to resolve what was previously perceived as one-
time problems.
Suffice it to say, the City’s strategy to mitigate fluctuating costs associated with purchasing energy has not worked. The focus on
ensuring adequate energy supply and mitigating high-prices overshadowed the short-term consequences of having a surplus of
energy in a depressed market. The City did not mitigate the risks associated with clearing energy at low prices.
What we are doing now
1. Addressing the increased costs for purchasing power
The City is working through several approaches to address increased costs. All of these efforts work to address the electric
fund’s current financial position.
The City has reduced expenses in the electric department. This includes not issuing any new debt for capital projects, halting
current projects, lowering the annual return on investment, or ROI, payment to the City’s general fund, a temporary hiring
freeze, and limiting noncritical expenditures. These one-time adjustments were addressed in the current budget and will be
considered in future budget discussions.
The power cost adjustment , or PCA, charge will continue through September. This is the charge which allows the City to
Residents Business Culture & Recreation Government
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recover costs associated with purchasing power. The PCA compensates for fluctuations in purchased power cost. The PCA is
one tool to ensure the stability of the electric fund should efforts to manage costs take longer than expected. The City has
increased and decreased the PCA several times over the years in response to changing energy prices.
The City currently contracts with Enterprise Risk Consulting, LLC and Garland Power & Light for energy portfolio management.
Based on the current challenges facing the electric utility, the City is requesting proposals to bring in new partners to help
manage the energy portfolio day-to-day, as well as market the City’s excess energy to other utilities for their use in the short-
term.
The City of Georgetown is seeking proposals for both managing the City’s energy portfolio and for a comprehensive review of
the City’s management practices related to purchasing and managing energy. Both requests for proposals can be found on the
City’s website at purchasing.georgetown.org.
Interested parties may submit questions regarding the solicitations to nicole.abrego@georgetown.org. The deadline to submit a
proposals for the review of the City’s management practices is 2 p.m. on Feb. 21. The deadline to submit questions is 5 p.m. on
Feb. 15.
The deadline to submit a proposals to review managing the City’s energy portfolio is 2 p.m. on March 7. The deadline to submit
questions is 5 p.m. on Feb. 22.
2. Making one-time adjustments to the current budget
The City amended the following revenues related to the electric fund budget for the 2019 fiscal year that began Oct. 1, 2018:
recognized the full year impact of continuing the PCA, reduced bond proceeds to zero, and recognized a portion of the proceeds
from the Bloomberg Grant.
The City amended the following expenses related to the electric fund budget to save about $2.3 million: reduced the transfer to
General Fund by $1.2 million, reduced salary and benefits related to three vacant positions (an analyst, an engineering
supervisor, and a journeyman electrician) for a savings of $316,488, deferred the purchase of a pressure digger vehicle for a
savings of $434,050, transferred the $60,000 cost for the holiday lights to the convention and visitors bureau, deferred $222,000
worth of radio replacements, and saved $156,000 for deferring the issuance of bonds. The total capital improvement project
budget was also reduced to $4 million from $7.9 million.
3. Adjusting electric rates
The monthly charge customers pay increased by $4.80 starting Jan. 1 to cover costs associated with operating the electric
department. The monthly charge increase included in the 2019 budget is to help cover costs associated with maintaining and
growing the electric system in Georgetown. These costs include large projects like providing power to new subdivisions, burying
overhead electric lines, and upgrading aging infrastructure.
The rate change also includes consolidating the State’s transmission charge, or TCOS, with the current energy charge.
Beginning Feb. 1, the City is also increasing the Power Cost Adjustment, or PCA.
Customers will incur an increase of $0.0135 per kilowatt hour, resulting in a new PCA of $0.0175 per kilowatt hour through
September. The average customer uses 949 kilowatt hours per month and will experience a $12.82 increase on their monthly
bill.
GEORGETOWN UTILITY SYSTEMS
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148
Date: March 22, 2019 Report No. 2019-055
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Outdoor music venues and noise ordinance.
EXECUTIVE SUMMARY:
As downtown Denton continues to develop, new outdoor music venues and residences are being
created, often in close proximity to each other. Since being named a “Texas Music Friendly
Community” in 2018, staff has worked with the Texas Governor’s Office of Music to explore
best practices of other cities that have dealt with these issues.
BACKGROUND:
In the past four years, downtown Denton has had several new, primarily outdoor music venues
open, and two more are scheduled to open this year. There have been some on-going issues with
noise, Staff, under the direction of Sgt. Trent Jones, Police Department, and Julie Glover,
Economic Development, has been working with venue owners to find solutions.
The Governor’s Office of Music suggested that attorney Rebecca Reynolds, of the Music Venue
Alliance of Austin, could serve as a resource.
On March 18, Reynolds came to Denton and met with Police Department officers, Economic
Development staff, and venue owners from Back Yard on Bell, Harvest House, Steve’s Wine
Bar, Rubber Gloves Rehearsal Studio, and the non-profit group, Friends with Benefit.
Issues discussed were:
Downtown growth;
New residents who may not understand the noise levels when they sign a lease;
Increase in complaints, including noise complaints at non-music shows (i.e., comedy
nights);
Complications of road noise and the train adding to the decibel readings; and
How to reach out to residents to solve issues.
Back Yard on Bell and Harvest House have both adjusted their music schedules so that there is
no amplified music after 11 p.m. on weeknights, or after midnight on Friday and Saturday nights.
Both have reduced the number of musicians on stage at a time and reduced amplification levels.
Back Yard on Bell has changed the direction their stage faces; it now points towards the Civic
Center and not the neighborhood to the northwest.
Some of the issues that on-duty Police have in enforcing the noise ordinance are:
Discovering which venue is responsible for the noise. Buildings tend to “bounce” the
sound;
Exactly where to measure the decibels (the ordinance states “50 feet from the property
line” but that isn’t always clear);
Monitoring is somewhat subjective, depending on who answers the complaint; and
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Date: March 22, 2019 Report No. 2019-055
Often road noise and passing trains register more than 65 decibels.
CONCLUSION
The City of Austin will share its new sound ordinance, which recommends having different
decibel levels for different parts of the city, when it has been adopted. Staff will work on a
survey to get input from residents, customers, venues and businesses. After the survey, staff will
hold a Town Hall style meeting to get residents and venue owners together to work toward a
consensus.
Music is central to Denton’s culture, identity and economy, and the creation of “third places”
(gathering and community building) in our city is vital. Staff will keep City Council apprised of
the progress on this issue.
STAFF CONTACT:
Julie Glover
Economic Development Program Administrator
(940) 349-7732
Julie.Glover@cityofdenton.com
150
Date: March 22, 2019 Report No. 2019-056
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Agreements with Robson Development, L.P., Hillwood Investment Land, L.P., and Petrus
Investment, L.P., for diversion of wastewater flows from Robson Ranch Water Reclamation
Plant to the Denton wastewater collection system.
BACKGROUND:
The Robson Ranch development wastewater flows are currently treated at the Robson Ranch
Water Reclamation Plant (RRWRP). This plant provides wastewater treatment service only to
the Robson Ranch development, and currently has capacity to treat 375,000 gallons of average
daily flow. To serve the fully developed condition of Robson Ranch the plant will need to have
capacity to treat 1.6 million gallons of average daily flow.
In July 2015, Robson developers, the Denton City Manager, the Assistant City Manager -
Utilities, and wastewater staff met and reached an understanding to explore abandonment of the
RRWRP and pumping all wastewater flows from Robson Ranch to the Denton wastewater
collection system. This approach was considered positive for both the Robson development and
the City. In the future, Denton will need to construct a wastewater treatment plant in the Hickory
Creek sewer basin as the basin population continues to grow. When considering this future need,
it would be impractical and costly to continue to run a small plant in the same sewer basin.
There will be improved economies of scale for capital, operational, and maintenance costs
gained from the future larger treatment facility.
With the above understanding in place, staff worked on a Development Agreement with Robson
developers. As part of this agreement, Denton would secure the necessary offsite easements, and
design and construct the wastewater diversion facilities. Robson would pay $4 million for the
wastewater diversion project. Upon completion of the diversion project, Robson will begin
paying wastewater impact fees and would not be required to further expand the treatment
capacity of the RRWRP. The RRWRP would then be decommissioned and converted into a
pump station. In accordance with the Agreement, homes within Robson Ranch are required to
pay impact fees and Robson Developers will receive an impact fee credit of $1,000 for the first
1,000 homes, for a total of $1,000,000 for funding the wastewater diversion infrastructure.
Denton staff engaged Hillwood (representing Petrus Investment, L.P.) to acquire an easement
that passes through the Hunter Ranch property owned by Petrus Investment, L.P.. Staff worked
with Hillwood on an agreement and easement documents to memorialize the acquisition of the
easement in Hunter Ranch. As part of providing the easement through Hunter Ranch for a
nominal charge of $20, the City agreed to provide Hunter Ranch capacity for at least 800 single
family equivalent in the gravity main that would run through the Hunter Ranch property. Hunter
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Date: March 22, 2019 Report No. 2019-056
Ranch will pay impact fees for all connections at the prevailing rate at the time of connection to
the Denton wastewater system.
Summary:
Robson Agreement
Cost Benefit Denton Cost
Wastewater Diversion
Project (Pumping
Option)
$4 Million* Avoid cost of additional plant
expansion and permit
requirements and impact fee
credit.
$0
*estimated cost to complete pumping option
Petrus / Hillwood Agreement
Cost Benefit Denton Cost
Dedication of Easement Land Cost 800 SFE Wastewater Capacity* $20
*Impact fees will be paid
Denton Savings with Wastewater Diversion Project instead of 1.6 MGD plant
Plant option Wastewater Diversion Project Difference
Annual O&M Costs $895,000 $65,000 Annual: $830,000
20 Year O&M Costs $17,900,000 $1,300,000 20yr: $16,600,000
The essence of the agreement for Denton is that the operation and maintenance of a remote
wastewater treatment plant is more expensive than maintaining a pump station in Robson Ranch.
In addition, Robson Ranch will begin paying wastewater impact fees that will help cover the cost
of providing conveyance and treatment costs for the diverted Robson flows. Hunter Ranch is
provided capacity in this system, which will help provide wastewater services as Hunter Ranch
starts. In summary, the agreement provides benefits to all parties involved.
DISCUSSION:
Staff is bringing forward two consent agenda items containing ordinances approving agreements for
wastewater service between the City of Denton and Robson Development, L.P. and Petrus
Investments, L.P. / Hillwood Investment Land L.P., respectively. These items will be
presented to the Public Utility Board for a recommendation on March 25, 2019 and then
provided as consent agenda items to the City Council on March 26, 2019. Approval of both
ordinances is required to complete this project.
CONCLUSION:
Staff recommends approval of the ordinances.
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Date: March 22, 2019 Report No. 2019-056
ATTACHMENT(S):
None
STAFF CONTACT:
Kenneth Banks
General Manager of Utilities
(940) 349-7165
Kenneth.Banks@cityofdenton.com
153
Date: March 22, 2019 Report No. 2019-057
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Update on the landfill expansion permit and expenses associated with the application process.
BACKGROUND & DISCUSSION:
During the City Council’s January 8, 2019 work session, Solid Waste staff provided a progress
report (Exhibit 1) on a permit application to expand the City’s existing landfill located at 1527 S.
Mayhill Rd. As part of the presentation, staff provided an overview of the investments and
expenses associated with the application to date. This included property acquisitions totaling
$8.23 million and professional services of approximately $2.13 million. The Council requested
that staff provide information on additional expenditures required to complete the permitting
process.
The permit application is currently undergoing technical review by the Texas Commission on
Environmental Quality (TCEQ). Once the permit is deemed technically complete, the TCEQ will
issue notice requesting comments from the public, which will typically conclude after thirty (30)
days. The TCEQ may elect to hold a public meeting in Denton to field comments and answer
questions from interested parties. Following public comment and/or a public meeting, the TCEQ
may either approve or reject the permit. If the permit is approved, the TCEQ’s decision may be
protested by individuals that could be adversely affected by the permit. In order to protest the
TCEQ’s decision, an individual must be able to demonstrate they are an “affected person.” Individuals
may qualify as an affected person if the landfill expansion impairs the requester’s health or safety or
interferes with the use or enjoyment of the requester’s property. If such a protest occurs, the TCEQ
may elect to refer the protest to the State Office of Administrative Hearings to resolve the
protest.
The City has contracted with two firms to assist with the completion of the remaining steps
outlined above. Lloyd Gosselink Rochelle & Townsend is providing outside legal counsel and
coordinating responses to the TCEQ’s inquiries. Parkhill, Smith & Cooper is providing
engineering services and responds to technical inquiries. The remaining expenses for the above
tasks are estimated to total approximately $485,500; however, some expenses will not be
necessary if public meetings or administrative hearings are not required. A breakdown of the
remaining costs is outlined below:
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Date: March 22, 2019 Report No. 2019-057
Application Tasks Parkhill Smith & Cooper Lloyd Gosselink Rochelle
& Townsend
Technical Review $28,500 $10,000
Public Meetings & Hearing Requests
(if necessary)
- $140,000
Contested Case Hearings (if necessary) $30,000 $250,000
Permit Modification for Mayhill Rd $27,000 -
There is adequate expenditure authority under the City’s agreement with Lloyd Gosselink
Rochelle & Townsend to accommodate the expenses detailed above; however, an amendment to
the Parkhill, Smith & Cooper agreement is required to allow for the $85,500 in remaining
expenses proposed by the firm. This change order will be presented for Council consideration
during the April 2, 2019 City Council meeting.
ATTACHMENTS:
Exhibit 1: Landfill Expansion Presentation
STAFF CONTACT(S):
Ethan Cox
Director of Solid Waste
(940) 349-7421
Ethan.Cox@cityofdenton.com
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Landfill ExpansionMSW Permit No. 1590BSOLID WASTE DEPARTMENTCITY COUNCIL – JANUARY 8, 20191ID 19‐03301‐08‐2019156
Background Current Landfill PermitLocated at 1527 S. Mayhill Rd•Permitted in 1995 - Permit No. 1590A•Type I Municipal Landfill – Accepts municipal solid waste including putrescible waste, household waste, construction/demolition & some industrial wastes•Dispose 268,000+ tons/yearPermit requirements•Compact/cover waste to control odors & pests•Gas management system•Litter control•Modern liners to prevent waste seepage into soils and surrounding areas•Maximum height limits2ID 19‐03301‐08‐2019157
Why Expand the Landfill?Remaining Landfill Life•2017 Facility Closure Study – Expected closure in 2028 (10 yrs)•Recent changes may extend facility life to 2036 (18 yrs)•Landfill life is affected by waste volumes, compaction, and settlementRegional Growth & Landfills in North Texas•Rapid population & commercial growth•Current per capita waste disposal = 1,751 lbs/year•Type I Landfills •Denton County currently has 3but will reduce to 1 by 2036 3ID 19‐03301‐08‐2019158
Permit Amendment DetailsLandfill Expansion – No. 1590B•Vertical & lateral expansion North of existing facility•107.64 acres proposed for waste disposal•Divided into 11 cells•Proposed height increase•Current permit height – 80.0 ft (+20 yrs)•Proposed permit height – 213.5 ft (+70 yrs)•Height may be reduced by TCEQ•Council may further restrict height by specific use permit (SUP) 4ID 19‐03301‐08‐2019159
Landfill Permitting Process Completed•Property acquisitions totaling $8.23 million•Studies & professional services totaling $2.13 million+•Surface water, groundwater, soil, traffic, air modeling, etc.•Permit application filed in January 2017. •Public notice issued via Denton Record Chronicle on April 3, 2017Current Status•Undergoing Technical Review by TCEQ•Currently addressing TCEQ questions regarding floodplain improvements•TCEQ is still accepting public comments5ID 19‐03301‐08‐2019160
Remaining StepsUpon Technical Completion•TCEQ will issue notice requesting comments from the public•Notice is issued to government officials, certain landowners, and citizens who submitted comments•Comment period concludes after 30 days•TCEQ publishes responses to comments•TCEQ may elect to hold a public meeting in Denton6ID 19‐03301‐08‐2019161
City Council DirectionSpecific Use Permit (SUP)•Staff will recommend a new SUP following issuance of the permit•Council may choose to implement stricter standards regarding:•Maximum Height•Buffer/Setbacks•Landscaping & AestheticsCouncil Directives•Council may also direct staff to alter operating plans (i.e. operating hours, litter control, etc.) to be more restrictive than defined by the permit7ID 19‐03301‐08‐2019162
Questions?8ID 19‐03301‐08‐2019163
Date: March 22, 2019 Report No. 2019-058
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT
Provide information regarding sales taxes on remote (internet) sales.
BACKGROUND
During the March 19, 2019 City Council meeting, Council Member Briggs requested information
about recent court action and upcoming legislation regarding sales tax collections related to remote
(internet) sales and their distribution to local governments, including the City of Denton.
In June 2018, the U.S. Supreme Court in South Dakota v. Wayfair held that a South Dakota law
requiring certain remote sellers to collect sales taxes on goods shipped to customers living in South
Dakota is constitutional. In doing so, the Court overturned decades of legal precedent and set the
stage for sales tax changes in Texas.
In response to the Supreme Court decision, the Texas Comptroller’s Office released a memo
(Attachment 1) stating how the Wayfair decision could be applied to Texas and its local
jurisdictions. The Comptroller’s Office noted that in the decision, the Supreme Court paid special
attention to aspects of the South Dakota law that were designed to prevent discrimination against
or undue burdens on interstate commerce. The Supreme Court noted South Dakota’s small seller
exemption, the proactive effectiveness of the law, and South Dakota’s membership in the
Streamlined Sales and Use Tax Agreement (Texas is not a member).
Because of the Supreme Court’s treatment of the South Dakota law, the Comptroller indicated that
there were many aspects of implementation that would need to be carefully considered in Texas
prior to the collection of sales taxes from remote sellers. The Comptroller’s Office immediately
began reviewing agency rules related to the establishment of the business/economic nexus in sales
and how to create a safe harbor for small sellers. The Comptroller’s Office also noted that,
whatever changes or legislation is necessary, the law would not be retroactively applied.
In the memo, the Comptroller also noted that, while some rule or legislative changes are necessary
to fully implement the Wayfair decision, “[w]ith appropriate notice, and prior to legislative action,
Tax Code § 151.107(a)(5) (Retailer Engaged in Business in the State) could be imposed on remote
sellers to the extent they “[solicit] orders for taxable items by mail or through other media,”
meaning, for example, sellers who solicit sales in Texas through catalogs and emails.” The
Comptroller also made specific requests to the Legislature regarding areas of the Texas Tax Code
that would need to be amended.
The 86th Texas Legislature has already taken up bills related to the implementation of the Wayfair
decision. HB 1525, introduced by Representative Burrows (Attachment 2), and SB 890,
introduced by Senator Nelson, outline the administration and collection of sales taxes involving
remote sellers. These bills make the necessary changes in law to define a marketplace seller, set
the seller’s duty to collect taxes, and determine the location of the sale as the location the items
are to be delivered.
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Date: March 22, 2019 Report No. 2019-058
While those bills focus on tax administration, HB 2153, introduced by Representative Burrows
(Attachment 3), and SB 70, introduced by Senator Nelson, directly impact how the Wayfair
decision affects local governments in Texas. HB 2153/SB 70 would amend Chapter 151 of the Tax
Code to provide for a single local use tax rate in lieu of combined local tax rates to sales of taxable
items collected by certain remote sellers. The bills call on the Comptroller to set a single local use
tax rate that remote sellers can use instead of using the specific tax rate of a given jurisdiction.
Distribution of local tax revenue remitted by remote sellers would be made by the Comptroller to
eligible taxing units in the same percentage shares as those taxing units receive of allocations of
other local sales and use tax revenues. The bills require the Comptroller to adopt any rules
necessary for implementation by Oct. 1, 2019 and does not require a remote seller to collect local
taxes on sales of taxable items before Oct. 1, 2019. The bill’s fiscal note (Attachment 4) estimates
that the combined local rate will be 1.75% based on FY 2018 data.
HB 1525 and HB 2153 were heard in the House Ways and Means Committee on March 13 and
committee substitute bills were voted favorably out of Committee on March 20. As of March 21,
action on SB 70 and SB 890 is pending in the Senate Finance Committee. Staff anticipates that
HB 1525, HB 2153, SB 70, and SB 890 will pass and be signed into law by Governor Abbott.
DISCUSSION
The bills, as currently written, should have a positive impact on the City of Denton’s sales tax
collections. The Comptroller’s Office estimates that these bills will generate a combined $40
million in new revenue for Texas cities in 2020 (fiscal note from HB 1525, Attachment 5), with
that revenue increasing in future years. Because the distribution of the revenues will be based on
the percentage of total sales tax revenues that a city contributes, Denton should see an increase in
sales tax collections after the bill goes into effect. The exact value of an increase will depend on
the volume of taxable items purchased and Denton’s percentage of overall sales tax collections in
the future. Additionally, it is unknown how the Comptroller will treat Denton’s percentage share
since the combined local option tax rate in the city is 2%, which includes Denton County
Transportation Authority’s share (0.5%).
ATTACHMENTS
1. Texas Comptroller Memo-Wayfair decision
2. House Bill 1525
3. House Bill 2153
4. House Bill 2153 Fiscal Note
5. House Bill 1525 Fiscal Note
STAFF CONTACT:
Jessica Rogers
Deputy Director of Public Affairs & IGR
(940) 349-7531
Jessica.Rogers@cityofdenton.com
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Texas Comptroller of Public Accounts STAR System
201807004L201807004L201807004L
July 5, 2018
Wayfair and the Ability of Texas to Require Remote Sellers
to Collect Sales and Use Taxes
South Dakota v. Wayfair, 585 U.S. (6/21/18)
Press Contact: Chris Bryan or Kevin Lyons at 512-463-4070
Legislative Contact: Nikki Cobb at 512-463-7252
Summary of the Decision
In a 5-4 decision, the U.S. Supreme Court overruled two prior decisions that held that a state can
only impose sales and use tax collection responsibilities on sellers of goods and services when
they have a physical presence in the state. See Quill Corp. v. North Dakota, 504 U.S. 298 (1992)
and National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U.S. 753 (1967).
The decision means that states—and local jurisdictions—can now impose tax collection
responsibilities on sellers who have an economic presence. For example, a state could decide that
out-of-state sellers have to collect and remit sales and use tax once they make total sales into the
state of $250,000 during the prior calendar year.
The Court remanded the case for further proceedings, which means the case is not final, and there
could be other litigation on the question of when a state or local jurisdiction can require remote
sellers to collect and remit sales and use taxes.
201807004L [Tax Type: Sales] [Document Type: Letter/Memo]
The Comptroller of Public Accounts maintains the STAR system as a public service. STAR provides access to a variety
of document types that may be useful in researching Texas tax law and tax policy. Documents which provide the
Comptroller's interpretation of the tax laws are accurate for the time periods and facts presented in the documents.
Letters on STAR can be the basis of a detrimental reliance claim only for the taxpayer to whom the letter was directly
issued. Documents on STAR that no longer represent current policy may be completely or partially superseded, but
there is no assurance that a document on STAR represents current policy even if it has not been marked as
superseded.
Tax laws are complex and subject to change. Interpretations of the laws may be affected by administrative hearings,
court opinions, attorney general opinions and similar authorities. STAR is a research tool, not a substitute for legal
advice. If there is a conflict between the law and the information found on STAR, any decisions will be based on the
law.
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The decision noted that prior Supreme Court cases impose two key limits on state authority
regarding the taxation of interstate commerce, which are still good law:
1. States may not discriminate against interstate commerce, which essentially means
states may not treat out-of-state sellers worse than in-state sellers; and
2. States may not impose undue burdens on interstate commerce, the meaning of
which is an open question as further explained below.
The Court also affirmed that states cannot impose collection responsibilities on sellers unless the
tax applies to an activity with a substantial nexus with the state, which means the seller “avails
itself of the substantial privilege of carrying on business” in that jurisdiction.” See Complete Auto
Transit, Inc. v. Brady, 430 U.S. 274 (1977) and Polar Tankers, Inc. v. City of Valdez, 557 U.S. 1
(2009). The court held that Wayfair, along with Overstock.com and Newegg, who also challenged
the South Dakota law at issue, had sufficient nexus with South Dakota based on their economic
and virtual contacts with the state.
The court noted that applying a tax retroactively could cause discrimination and undue burden on
interstate commerce, but it was not an issue for the court to resolve at this time.
In addition, Congress has authority under the Commerce Clause of the U.S. Constitution to
address these issues, which means Congress could choose to respond to the Wayfair decision by
passing laws to change the outcome.
The court did not determine exactly what constitutes an undue burden on interstate commerce, but
noted that the South Dakota law in question
“includes several features that appear designed to prevent discrimination against or undue burdens
upon interstate commerce” as follows:
1. A small seller exception. The law only applies to sellers that deliver more than
$100,000 of goods or services into South Dakota or engage in 200 or more separate
transactions for the delivery of goods and services into South Dakota annually;
2. The law is not retroactive; and
3. South Dakota is a member of the Streamlined Sales and Use Tax Agreement. (Texas
is not a member and could only become a member through legislative action.) The
agreement provides for, among other things, uniform definitions of certain products and
services, simplified tax rates and immunity from audit liability for sellers that utilize sales
tax administration software paid for by the state members.
What the Comptroller is Doing Now
We are proceeding carefully and deliberately to fully understand this historic decision, while
seeking input in order to implement the new law in a way that best serves the state of Texas, our
citizens and the businesses already operating here. We welcome input from all stakeholders,
including:
1. Legislators;
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2. Texas retailers;
3. Remote sellers and marketplace providers who are currently not collecting;
4. Local taxing jurisdictions;
5. Our Taxpayer and Business Advisory Groups; and
6. Trade associations and other affected parties.
We are reviewing agency rules that need amending to, for example, explain the amount of
economic nexus in sales and/or transactions required to create a safe harbor for small sellers. We
intend to adopt new rules under our current legal authority in early 2019, but this could change
depending on issues that arise during the rulemaking process.
We will not apply the new law retroactively to remote sellers that have no physical presence in
Texas; we want a smooth transition and a successful partnership with remote sellers who start
collecting and remitting Texas taxes. We will provide ample notice to remote sellers as to when
they need to start collecting and remitting.
Considerations for the Legislature
We are reviewing Texas statutes the Legislature may consider updating when it convenes in 2019.
We will continue to work with state legislators to ensure they are fully briefed on our progress.
With appropriate notice, and prior to legislative action, Tax Code § 151.107(a)(5) (Retailer
Engaged in Business in the State) could be imposed on remote sellers to the extent they “[solicit]
orders for taxable items by mail or through other media,” meaning, for example, sellers who
solicit sales in Texas through catalogs and emails.
We suggest the Legislature consider reviewing the following provisions, which could help address
the legal requirement that states not impose undue burdens on remote sellers:
1. Amend the definition of “seller” and “retailer” in Tax Code § 151.008 (“Seller” or
“Retailer”) to include marketplace platforms used by third-party sellers and provide
adequate liability protection for the marketplaces that collect and remit for those sellers.
2. Amend Tax Code § 151.059 (Fee Imposed in Lieu of Local Sales and Use Taxes),
which currently allows a nonresident (remote) seller to pay a fee based on a weighted
average local sales and use tax rate in lieu of collecting local sales and use tax based on
actual local tax rates. This statute currently only applies to a change in collection
responsibilities based on the passage of federal legislation, not to changes in federal law
based on a court case such as
Wayfair.
3. Amend Tax Code § 151.107(c), which is a companion provision to § 151.059. This
statute imposes a collection responsibility on sellers of only tangible personal property,
and not taxable services, if federal legislation passes.
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Fiscal Impact
We expect that state and local jurisdictions will see tax collections increase because of the Wayfair
decision, but the amount depends on several questions raised by the decision that are yet to be
resolved relating to, for example, eliminating undue burdens on remote sellers. More specific
estimates will be provided as the implementation and legislative process continues.
An estimate developed in 2014 projected that up to $840 million in state sales taxes in fiscal 2017
would be uncollected by remote sellers through all channels, including catalogs, emails and
phone. There have been significant changes in the online marketplace during the last four years.
As a result, the Wayfair decision does not mean the state will collect the amount estimated in
2014. More specifically, the prior estimate needs to be considered in light of the following factors:
1. In the past year, some remote sellers have volunteered to collect in anticipation of
the Wayfair decision or for other reasons. For example, some taxes are now being
collected due to the fall 2017 amnesty program sponsored by the Multistate Tax
Commission nexus program for third-party sellers using Amazon’s online marketplace.
2. Growth in internet sales in recent years has been concentrated among the largest
retailers, most of which already collect Texas sales and use taxes.
3. A portion of taxes on remote sales will never be collected because the sales will be
under the economic nexus threshold for small sellers, which is yet to be determined in
Texas.
4. There will always be some non-compliance by remote sellers, just like there is
continued non-compliance by some in-state sellers.
5. There will be some gain depending on the agency’s implementation of the new law
and related legislative action.
6. Wayfair is already collecting in Texas. Overstock.com has announced it will start
collecting in all jurisdictions across the country because of the Wayfair decision.
ACCESSION NUMBER: 201807004L
SUPERSEDED: N
DOCUMENT TYPE: L
DATE: 2018-07-05
TAX TYPE: SALES
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3/21/2019 86(R) HB 2153 - Introduced version - Fiscal Note
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB021531F&QueryText=%22hb2153%22&DocType=F 1/2
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
March 12, 2019
TO:Honorable Dustin Burrows, Chair, House Committee on Ways & Means
FROM:John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:HB2153 by Burrows (Relating to a single local use tax rate as an alternative to combined
local use tax rates for computing the amount of local use taxes remote sellers are required to
collect and to the allocation of tax revenue collected at that rate.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend Chapter 151, Tax Code to provide for a single local use tax rate in lieu of
combined local use tax rates applicable to sales of taxable items by certain remote sellers. Section 151.0595 would be added to provide that a remote seller required to collect and remit one or
more local use taxes shall compute the amount to collect and remit either by using the combined rate of
all applicable local use taxes or, at the remote seller's election, the single local use tax rate. "Remote seller" would be defined as a seller whose only activities in the state are described in Sections
151.107(a)(4) or (5): regular or systematic solicitation of sales of taxable items in the state by
distribution of catalogs, periodicals, advertising flyers, or other advertising, by means of print, radio, or
television media, or by mail, telegraphy, telephone, computer data base, cable, optic, microwave, or
other communication system for the purpose of effecting sales; or solicitation of orders for taxable
items by mail or through other media if the seller under federal law is subject to or permitted to be
made subject to the jurisdiction of this state for the purpose of sales tax collection. A remote seller who elects to use the single local use tax rate would be required to notify the
comptroller of the election before using the rate, and the rate would apply to all taxable sales of the
remote seller. The single local use tax rate effective in a calendar year would be the estimated average rate of local
sales and use taxes imposed during the preceding state fiscal year. That rate would be determined by
the comptroller by multiplication of the ratio of local sales tax remittances to state sales tax remittances
during the preceding fiscal year times the state sales tax rate, rounded to the nearest one-fourth of one
percent. A purchaser could annually apply to the comptroller for a refund of the excess when payment of tax
based on the single local use tax rate exceeds the amount of tax that would have been paid had tax been
182
3/21/2019 86(R) HB 2153 - Introduced version - Fiscal Note
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB021531F&QueryText=%22hb2153%22&DocType=F 2/2
paid based on the combined rate of otherwise applicable local taxes. A purchaser who pays tax to a remote seller at the single local use tax rate would not be liable for any
additional amount of local use tax that might otherwise be due had the remote seller not elected to use
the single local use tax rate. Distribution of local tax revenue remitted by remote sellers electing to use the single rate would be
made by the comptroller, on a monthly basis after applicable deductions, to eligible taxing units in the
same percentage shares as those taxing units receive of allocations of other local sales and use tax
revenues. The bill would provide that the comptroller adopt any rules necessary for implementation not later than
October 1, 2019, and would provide that the bill does not require a remote seller to collect local use
taxes on sales of taxable items made before October 1, 2019.
The bill would have no fiscal implications for the state.
The bill would take effect September 1, 2019.
Local Government Impact
Based on fiscal year 2018 data, the single local use tax rate computed as prescribed by the bill would
be 1.75 percent. While a rate of 1.75 is an average and the combined rate in any particular location will vary from that,
it does not necessarily follow that taxing units in areas where the combined local rate is at the current
two percent maximum will receive less revenue than if remote sellers were required to collect and
remit at applicable local combined rates. Because revenue remitted subject to the single rate would be
distributed to local taxing units in proportion to their allocations of local sales and use taxes remitted
by retailers not eligible to use the single rate, taxing units in areas where the prevailing combined local
rate is two percent will receive, other things equal, larger shares of the single rate remittances than
taxing units in areas with lower combined rates.
There would be no significant fiscal implications for local governments in the aggregate; there could
be some variance in distribution of revenue among jurisdictions compared with the distribution that
would occur were all remote sellers required to collect and remit tax at applicable local combined rates,
but the extent of such variance cannot be determined and would not be expected to be significant in
relation to the total allocations of local sales and use tax revenues.
Source Agencies:304 Comptroller of Public Accounts
LBB Staff:WP, KK, SD
183
3/21/2019 86(R) HB 1525 - Introduced version - Fiscal Note
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB015251F&QueryText=%22hb1525%22&DocType=F 1/3
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
March 12, 2019
TO:Honorable Dustin Burrows, Chair, House Committee on Ways & Means
FROM:John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:HB1525 by Burrows (Relating to the administration and collection of sales and use taxes
applicable to sales involving marketplace providers.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB1525 , As Introduced: a
positive impact of $550,000,000 through the biennium ending August 31, 2021.
General Revenue-Related Funds, Five-Year Impact:
Fiscal Year Probable Net Positive/(Negative) Impact
to General Revenue Related Funds
2020 $242,500,000
2021 $307,500,000
2022 $315,200,000
2023 $323,100,000
2024 $331,100,000
All Funds, Five-Year Impact:
Fiscal Year
Probable Revenue
Gain from General Revenue Fund 1
Probable Revenue
Gain from Cities
Probable Revenue
Gain from Transit Authorities
Probable Revenue
Gain from Counties & Special
Districts
2020 $242,500,000 $40,000,000 $14,000,000 $8,000,000
2021 $307,500,000 $57,000,000 $20,000,000 $11,000,000
2022 $315,200,000 $58,000,000 $20,000,000 $12,000,000
2023 $323,100,000 $60,000,000 $21,000,000 $12,000,000
2024 $331,100,000 $61,000,000 $21,000,000 $12,000,000
Fiscal Analysis
The bill would amend Chapters 151, 321, and 323, Tax Code in relation to administration and
collection of sales and use taxes applicable to sales involving marketplace providers.184
3/21/2019 86(R) HB 1525 - Introduced version - Fiscal Note
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB015251F&QueryText=%22hb1525%22&DocType=F 2/3
The bill would amend Section 151.008(b) to include a marketplace provider as a person within the
meaning of "seller" and "retailer," and therefore subject to the provisions of Chapter 151 applicable to
sellers and retailers. The bill would add Section 151.0242 regarding marketplace providers and marketplace sellers. "Marketplace" would be defined as a physical or electronic medium, including a store, internet
website, software application, or catalog, through which persons other than the owner or operator of
the medium make sales of taxable items; "marketplace provider" would be defined as a person who
owns or operates a marketplace and directly or indirectly processes sales or payments for marketplace
sellers; and "marketplace seller" would be defined as a seller other than the marketplace provider who
makes a sale of a taxable item through a marketplace. A marketplace provider would be required to: 1) certify to each marketplace seller that the marketplace
provider assumes the rights and duties of a seller or retailer under Chapter 151 with respect to sales
made by the marketplace seller through the marketplace; 2) report under Subchapter I all sales made
through the marketplace; and 3) collect and remit the taxes imposed under the chapter on sales of
taxable items made through the marketplace. A marketplace seller would exclude sales made through a marketplace from the seller's report under
Subchapter I, retain records for all marketplace sales, and furnish information to a marketplace
provider that is required to correctly collect and remit sales and use tax, including certification that an
item being sold is a taxable item, not a taxable item, or is exempt from taxation. A marketplace provider would not be liable for failure to collect and remit the correct amount of tax if
good faith reliance on incorrect information provided by a marketplace seller were demonstrated, in
which case the marketplace seller would be liable for the deficiency. The comptroller would have rulemaking authority for implementation of the added section, including
authority by rule to except certain small marketplace providers from some or all of the requirements of
the section. The bill would also amend Sections 321.203 and 323.203, regarding municipal and county sales and
use taxes, to provide that a sale of a taxable item made by a marketplace seller through a marketplace is
consummated at the location in this state to which the item is shipped or delivered or at which
possession is taken by the purchaser. The bill would take effect September 1, 2019.
Methodology
The estimates are based on industry reports on internet retailing and confidential information provided
to the comptroller. The expected increases in tax collections are attributable to greater efficiency of tax
administration and convenience and avoidance of undue burdens for taxpayers when responsibility for
collection and remittance rests with marketplace providers rather than myriad individual sellers. The estimates for 2020 assume an implementation date of October 1, 2019 for purposes of efficient
185
3/21/2019 86(R) HB 1525 - Introduced version - Fiscal Note
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB015251F&QueryText=%22hb1525%22&DocType=F 3/3
coordination with changes in seller responsibilities, as adopted by rule with October 1, 2019 effect,
following the decision of the United States Supreme Court in South Dakota v. Wayfair, Inc.
Local Government Impact
There would be a corresponding gain of sales and use tax revenue to local taxing jurisdictions. The
estimated revenue gains are displayed in the above tables.
Source Agencies:304 Comptroller of Public Accounts
LBB Staff:WP, KK
186
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City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room11:30 AMMonday, April 1, 2019
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Monday, April 1, 2019, at 11:30 a.m. in the Council Work Session Room at City Hall, 215
E. McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Work Session Reports
Receive a report and hold a discussion regarding proposed transportation infrastructure
projects in high growth areas within the City.
ID 19-449A.
Receive a report, hold a discussion, and give staff direction on public safety facilities
within the city.
ID 19-666B.
Receive a report, hold a discussion, and give staff direction regarding the preliminary FY
2019-20 Proposed Budget, Capital Improvement Program, and Five Year Financial
Forecast.
ID 19-586C.
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting
agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by
law.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the ________day of ___________________, 2019 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE:THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48
HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN
BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE.
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190
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Work Session Room & Council Chambers12:00 PMTuesday, April 2, 2019
WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, April 2, 2019, at 12 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be
given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.
A Request to Speak Card should be completed and returned to the City Secretary before Council considers
this item.
2. Requests for clarification of agenda items listed on the agenda for April 2, 2019.
3. Work Session Reports
Receive a report, hold a discussion, and provide staff direction on Airport Governance
related to the Airport Advisory Board, Economic Development Partnership Board, and
Council Airport Committee.
ID 19-637A.
Receive a report, hold a discussion, and provide staff direction regarding the
Development Services Fees.
ID 19-651B.
Receive a report from staff, hold a discussion, and give staff direction regarding the future
park that is to be located at the corner of Heritage Trail and Linden Drive in Rayzor
Ranch Town Center.
ID 19-671C.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific items when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
Placeholder for closed session itemID 19-677A.
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191
April 2, 2019City Council Meeting Agenda
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
_________________________________________________________________________________
REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE
COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT
WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits
any person who has registered in advance to make a citizen report regarding a public business item he or
she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per
meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the
conclusion of each report, the City Council may pose questions to the speaker or may engage in
discussion. If the City Council believes that a speaker's report requires a more detailed review, the City
Council will give the City Manager or City Staff direction to place the item on a future work session or
regular meeting agenda and advise staff as to the background materials to be desired at such meeting.
C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone"
section, permits any person who is not registered for a citizen report to make comments about public
business items not listed on the agenda. This section is limited to two open microphone speakers per
meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card"
requesting to speak during this period, prior to the calling of this agenda item.
During open microphone reports under this section of the agenda, the Council may listen to citizens speak.
However, because notice of the subject of the open microphone report has not been provided to the public
in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal
to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council
Members may not ask the open microphone speakers questions or discuss the items presented during
open microphone reports.
NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City
Secretary 24 hours prior to the meeting.
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April 2, 2019City Council Meeting Agenda
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the
Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A – E). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent
Agenda Items A – E below will be approved with one motion. If items are pulled for separate discussion,
they may be considered as the first items following approval of the Consent Agenda.
Consider adoption of an ordinance approving an Airport Land Lease Agreement between
the City of Denton, Texas and Mark Hicks Transport, LLC; and providing an effective
date. The Council Airport Committee recommends ________ ( - ).
ID 19-396A.
Consider adoption of an ordinance approving a consent to Collateral Assignment of an
Airport Lease between Mark Hicks Transport, LLC and AccessBank Texas; and
providing an effective date. The Council Airport Committee recommends ______ ( - ).
ID 19-397B.
Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or
his designee, to accept on behalf of the City an offer from the Texas Department of
Transportation (“TxDOT”) relating to a grant of $693,260; requiring the City to provide
$176,740 in contributory funds for engineering and construction of parallel runway lighting
improvements at Denton Enterprise Airport; and providing for an effective date. The
Council Airport Committee recommends ______ ( - ).
ID 19-638C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a Professional Services Agreement
with Teague Nall and Perkins, Inc., for professional surveying services as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 6965- Professional Services Agreement for professional surveying services
awarded to Teague Nall and Perkins, Inc., in the three (3) year not-to-exceed amount of
$900,000). The Public Utilities Board recommends approval ( - ).
ID 19-645D.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract for the purchase of three
(3) American Signal Corporation early warning sirens with American Signal Corporation,
which is the sole provider of this item in accordance with Texas Local Government Code
252.022, which provides that procurement of commodities and services that are available
from one source are exempt from competitive bidding; and if over $50,000 shall be
awarded by the governing body; and providing an effective date (File 7010 - awarded to
American Signal Corporation in the not-to-exceed amount of $76,323).
ID 19-648E.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 19-529A.
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April 2, 2019City Council Meeting Agenda
corporation, authorizing the approval of a fourth amendment to a Professional Services
Agreement between the City of Denton and Parkhill Smith & Cooper, amending the
contract approved by City Council on April 5, 2016, in the not-to-exceed amount of
$274,150, amended by Amendments 1-3 approved by Purchasing Staff, said fourth
amendment to provide professional and engineering services in the preparation,
development, and submittal of the permit application and the associated services required
to secure a Permit Amendment for the City of Denton’s Municipal Solid Waste (MSW)
Facility, MSW Permit# 1590B in the amount of $85,500; providing for the expenditure of
funds therefor; and providing an effective date (File 6097 - providing for an additional
fourth amendment expenditure amount not-to-exceed $85,500, with the total contract
amount not-to-exceed $429,010). The Public Utilities Board recommends approval ( - ).
Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific
Use Permit to allow for a vehicle repair use on approximately 0.57 acre site, generally
located on the south side of E. McKinney Street, approximately 135 feet west of
Oakland Street in the City of Denton, Denton County, Texas; providing for a penalty in
the maximum amount of $2,000.00 for violations thereof; providing a severability clause
and an effective date. (S18-0007, Dent One - Auto Hail Repair, Hayley Zagurski).
S18-0007cB.
Consider adoption of an ordinance, in accordance with Chapter 26 of the Texas Parks
and Wildlife Code, of the non-park use of a part of Southwest Park for the purpose of
installing and maintaining water transmission lines for the City’s Allred Road to John Paine
Road water transmission project and for the existing water transmission line parallel to
Bonnie Brae Street; providing for a notice by the City of Denton of non-park use for
installation and maintenance of water transmission lines and reservation of easement in the
event of sale of park; and providing an effective date.
ID 19-670C.
6. PUBLIC HEARINGS
Hold a public hearing and reconsider the February 5, 2019 denial of an ordinance for a
Specific Use Permit to allow for a multi-family residential use as part of a mixed-use
development on an approximately 31-acre site, generally located on the north side of
Windsor Drive, east of the I-35 N Frontage Road, in the City of Denton, Denton County,
Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability; and establishing an effective date (S18-0008h, Windsor Drive
Apartments, Hayley Zagurski).
S18-0008hA.
Hold a public hearing and consider adoption of an ordinance designating the property at
900 Egan Street, between Alice Street and Amarillo Street, a Historic Landmark, under
section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and effective
date. (HL19-0001, 900 Egan Street, Roman McAllen)
HL-19-0001bB.
Hold a public hearing and consider adoption of an ordinance approving a change in the
zoning district and use classification on a site made up of fifteen adjacent tracts of land,
including a change from Downtown Residential 1 (DR-1) to Downtown Commercial
General (DC-G) on one approximately 0.39-acre tract, from a mixed zoning of DR-1 and
Z18-0027cC.
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194
April 2, 2019City Council Meeting Agenda
Neighborhood Residential 4 (NR-4) to DC-G on two tracts totaling approximately 13.85
acres, from NR-4 to DC-G on nine tracts totaling approximately 22.07 acres, and from
Neighborhood Residential Mixed-Use 12 to DC-G on three tracts totaling approximately
8.81 acres. The subject site, composed of all fifteen of the tracts mentioned above and
totaling approximately 45.13 acres, is generally located on the southeast side of Mingo
Road, north of Paisley Street, northwest of Lattimore Street, and west of Pertain Street
(Z18-0027, Fleet Services Facility, Sean Jacobson)
7. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the ________day of ___________________, 2019 at ________o'clock (a.m.) (p.m.)
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL
CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY
SECRETARY’S OFFICE.
Page 5 Printed on 3/22/2019
195
March 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 11:30 am Council Luncheon 5:30 pm Traffic Safety Commission HLC- Cancelled 5 12:00 pm CC Work Session 6:30 pm CC Regular Session 6 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 7 11:00am Committee on the Environment 4:00pm Public Art Committee 8 11:00 am DCRC 9 10 11 9:00am Public Utilities Board 12 No Council Meeting 13 11:00am EDP No Agenda Committee 14 15 11:00 am DCRC 16 17 18 19 12:00 pm CC Work Session 6:30 pm CC Regular Session 20 9:00 am Mobility Committee 4:00pm P&Z Work Session 6:30pm P&Z Regular Session 2:30pm Agenda Committee 21 HOT & Sponsorship 11:00 4:00pm HaBSCo Meeting 6:00pm Committee on Persons with Disabilities 22 11:00 am DCRC 23 24 25 6:00pm Public Utilities Board 4:00pm ZBA 26 10:00am Council Airport Comm. 12:00 pm 4th Tuesday Session 27 11:00am TIF Board (TIRZ # 1) 11:00 am DCRC 2:30pm Agenda Committee 28 29 30 31 196
April 2019 Sun Mon Tue Wed Thu Fri Sat 1 11:30 am Council Luncheon 1:30pm Committee on the Environment 5:30 pm Traffic Safety Commission 2 2:00 pm CC Work Session 6:30 pm CC Regular Session 3 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 4 4:00pm Public Art Committee 5 6 7 8 9:00am Public Utilities Board 5:30pm HLC 9 9:00 am Mobility Committee 2:00 pm 2nd Tuesday Session 10 11:00am EDP 6:30 p.m. Planning and Zoning Special called meeting 11 12 13 14 15 16 2:00 pm CC Work Session 6:30 pm CC Regular Session 17 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 18 4:00pm HaBSCo Meeting 5:00pm Committee on Persons with Disabilities 19 20 21 22 6:00pm Public Utilities Board 23 2:00 pm 4th Tuesday Session 24 25 26 27 28 29 4:00pm ZBA 30 No Council Meeting 197
May 2019 Sun Mon Tue Wed Thu Fri Sat 1 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 2 4:00pm Pubic Art Committee 3 4 5 6 9:00am Public Utilities Board 11:30 am Council Luncheon 1:30pm Committee on the Environment 5:30 pm Traffic Safety Commission 7 9:00 am Mobility Committee 2:00 pm CC Work Session 6:30 pm CC Regular Session 8 11:00am EDP 9 10 11 12 13 5:30pm HLC 14 15 5:00pm P&Z Work Session 6:30pm P&Z Regular Session 16 4:00pm HaBSCo Meeting 5:00pm Committee on Persons with Disabilities 17 18 19 20 6:00pm Public Utilities Board 4:00pm ZBA 21 2:00 pm CC Work Session 6:30 pm CC Regular Session 22 11:00am TIF Board (TIRZ # 1) 23 24 25 26 27 28 No Council Meeting 29 30 31 198
Future Work Session Items 3/22/2019
Meeting Date Notes
26‐Mar
Credit and
Collections Study
Community Market
Supplemental Request
Denton Development
Code
Downtown Design
Standards McKenna Park
1‐Apr Lunch
2‐Apr Airport Governance
Denton Development
Code Rayzor Ranch Park
Development Service
Fees
9‐Apr
Construction Code
Review
Infrastructure and
Facility Capital Project
Plans Eagle Substation
Integrated Pest
Management
Program
Carl
Young/Quakertown
Park Restrooms
16‐Apr
Funding Options for
Shelter and
Homelessness
Enhanced Leachate
Recirculation Business
Case Analysis Affordable Housing Financial Forecast Rayzor Ranch PID
23‐Apr
Work Session
Strategy Session
Special Event
Ordinance Update Zero Energy Homes
Home Chemical
Collection and Bulky
Item Business Case
Analysis
One‐Way/Two Way
Streets Mews Streets
6‐May Lunch
Update on Naming
Policy
Hickory Street Bicycle
Lanes Bicycle Share Pilot AED Training
AED Training will take
place at the close of
the meeting
7‐May
Recommendations
from HSAC and CDAC
Red Light Camera Pilot
and Contract DEC Noise Mitigation
Right‐of‐Way
Ordinance Follow‐Up P‐Card Audit
14‐May
Economic
Development
Corridor/Small Area
Reinvestment Grant
Gateway Signage and
Design Standards Scooter Share
Utility Billing
Information for
Public Hearing
Notification
Traffic Signalization
and Traffic/Roadway
Technology
21‐May
Yard Waste
Collection Business
Case Analysis
Living Wage for City
Contractors
Inclement Weather
Policy Charity Care Policy
Home Chemical
Collection and Bulky
Item Business Case
Analysis
3‐June Lunch
South Lakes Park
Parking Lot
Purchasing Manual
Update Blue Zones
Employee Ethics
Policy
Mandatory Recycling
for Commercial and
Multifamily Real Estate Policy DEC Noise Mitigation
Solid Waste Rate
Discussion
(Potentially
combined with
budget)
Sobering Centers
Group Home Code
Amendment
Top priorities from 3/4
Work Session
Currently Slated Work Session Items
Financial Forecast Infrastructure and Facility Capital Project Plans
Joint City/EDPB Luncheon
Date TBD
199
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Atlas Dr.Redstone Hercules3/25/19 5/21/19Water Main Replacement (Temporary Lane Closures)Water 12/17/18Website & Letters(940) 349‐7167Project dates updated from 3/19/19‐5/15/19Ave. CHickory Mulberry9/24/18 4/22/19UNT Monument Wall (Road Closure)Public Works InspectionsUNT Project(940) 349‐8905Bernard St.Fannin W Chestnut1/4/19 4/5/19Street Reconstruction (Street Closure)Streets 12/17/18(940) 349‐7160Blagg Rd.Mayhill Geesling3/18/19 10/31/19Mayhill Project Bridge (Road Closure)EngineeringWebsite & Nextdoor Notification(940) 208‐4318Bonnie Brae St.University Linden3/4/19 3/24/19Sewer Line Installation (West side Southbound Lane Closure)EngineeringNextdoor Notification & Website(940) 268‐9842Bonnie Brae St.RoselawnNorth of Vintage7/1/17 7/1/19Street Widening (Phase 1 Street Closure)Engineering 6/14/18(940) 349‐8910Bowling Green St.Georgetown Auburn1/5/19 4/10/19Street Reconstruction (Street Closure)Streets 12/17/18(940) 349‐7160Carroll Blvd.Congress Egan2/11/19 3/29/19Street Panel Repair (Northbound Only Lane Closure)Streets 2/4/19(940) 349‐7160Dallas Dr. Intersection of Teasley11/12/18 4/26/19Turn Lane Upgrade (Temporary Lane Closure)Streets 11/5/18(940) 349‐7160Eagle Dr.Elm Carroll1/31/19 5/31/19Drainage and Water Improvements (Street Closure)Drainage Water(940) 268‐9726 Construction Projects Report Week of March 25 ‐31, 2019 CURRENT PROJECTSSee Yellow Highlighted for Major ClosuresFor general inquiries and questions, please contact the Project Management Office at (940) 349‐7227200
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Fulton St.Congress Gregg2/27/19 4/9/19Wastewater Main Replacement, Street Repairs (Daily Street Closure will re‐open at the end of each day)Wastewater 2/14/19Wastewater (940) 349‐7300 Street improvements to follow in 6/3/19‐10/3/19Hercules Ln.Sherman Stuart3/25/19 7/15/19Water Main Replacement (Temporary Lane Closure)Water 3/4/19(940) 349‐7167Project dates updated from 3/19/19‐7/8/19Hillcrest St.Crescent Emory3/1/19 4/25/19Wastewater Main Replacement (Daily Street Closure will re‐open end of each day)Wastewater 2/22/19Website & Letters(940) 349‐7300Hinkle Dr.Mimosa Greenbriar3/18/19 3/30/19Water and Sewer Improvements (Closed to Thru Traffic)Engineering 3/11/19(940) 268‐9842Kings RowYellowstone Sherman12/26/18 4/26/19Curb and Gutter Replacement (Temporary Lane Closure)Streets 12/7/18(940) 349‐7160Laguna Dr.Yellowstone Sherman12/17/18 4/26/19Street Reconstruction (Street Closure)Streets 12/7/18(940) 349‐7160Mayhill Rd.US 380 Edwards 9/1/17 2/1/20Street Widening (Temporary Lane Closures)Engineering 1/3/18, 1/24/18Door Hangers(940) 208‐4318McKinney St.Mack Bellaire2/25/19 3/29/19Street Construction (Temporary Lane Closure)Engineering 2/14/19(940) 268‐9726E. McKinney St.Grissom S. Fork3/11/19 7/1/19Storm Drain Installation and Street Widening (Temporary Lane Closure)Engineering 3/7/19(940) 349‐8910Mistywood Ln.Rockwood Jamestown1/3/19 3/29/19Drainage Improvements, Water Main Replacement, Street Repairs (Intermittent Street Closure)Drainage 12/17/18Drainage (940) 349‐8488Water Replacement to Follow 6/28/19‐10/23/19 Street Repairs 10/28/19‐TBDMustang Dr. Sundown Palomino3/4/19 4/5/19Concrete Street Panel and Sidewalk Repair (Temporary Lane Closure)Streets 2/22/19(940) 349‐7160Myrtle St.Eagle Maple 9/4/18 5/31/19Eagle Drainage Improvements (Street Closure)Engineering 8/21/18Contacted DCTA(940) 349‐8910Paisley St.Ruddell Audra 1/22/19 3/29/19Sidewalk Repair (No Street Parking)Streets 1/16/19(940) 349‐7160Ranchman Blvd.Intersection of FM 21811/4/19 5/31/19FM 2181 Road Widening (Road Closure on Ranchman to the east and west of FM 2181)TxDOTNextdoor Notification, Electronic Signs(940) 349‐8910201
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Rockwood Ln. Royal Mistywood11/26/18 3/29/19 Drainage Improvements, Street Repairs (Intermittent Street Closure)Drainage 11/23/18Door HangersDrainage (940) 349‐8488Street Repairs to follow 10/28/19‐TBDRoselawn Dr.US 377 Bernard1/7/19 3/23/19US 377 Street Improvement (Road Closure)TxDOTNextdoor Notification(940) 387‐1414Completion updated from 3/16/19Royal Ln.Royal Rockwood11/26/18 3/29/19 Drainage Improvements, Street Repairs (Intermittent Street Closure)Drainage 11/23/18Drainage (940) 349‐8488Street Repairs to follow 10/28/19‐TBDScripture St. Ector Gober2/4/19 4/12/19Atmos Utility Relocations (Westbound Lane Closure; Intersection at Hillcrest Closed)AtmosNextdoor Notification(940) 205‐9821Completion extended from 4/1/19; Street Repairs to follow ‐ TBDSheraton Pl. Sheraton Buckingham3/18/19 4/26/19Street Reconstruction (Street Closure)Streets 3/11/19(940) 349‐7160Silent Star Ln.Winding StreamMontecito2/25/19 3/29/19Concrete Street Panel and Sidewalk Repair (Temporary Lane Closure)Streets 2/14/19(940) 349‐7160Springtree St.Pecan Grove McKinney2/25/19 3/29/19Street Construction (Street Closure)EngineeringNextdoor Notification(940) 268‐9726Stuart Rd.Long Keystone1/30/19 4/30/19Street Reconstruction (Street Closure)CM ConstructionNextdoor Notification(940) 231‐9963US 377 (Ft. Worth Dr.)IH 35E0.26 mi south of FM 183012/3/18 12/12/20Street Widening (Temporary Lane Closures during non‐peak traffic)TxDOT 9/25/18Public Meeting 10/8(940) 387‐1414Yellowstone Pl.Kings Row Monterey1/28/19 5/20/19Street Reconstruction (Temproary Block Closures)Streets 1/23/19(940) 349‐7160Atlas Dr.Redstone Hercules1/8/19 3/1/19Wastewater Main Replacement (Temporary Lane Closures)Wastewater 12/17/18Wastewater (940) 349‐7300FM 2181City of Denton/Corinth City limitsLillian Miller7/11/17 7/1/20Street WideningTxDOT TxDOT(940)‐387‐1414Forrestridge Dr.Timbergreen Rolling Hills2/11/19 3/1/19Street Panel Repair (Southbound Road Closure)Streets 2/4/19(940) 349‐7160COMPLETED PROJECTS202
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Hickory St. Intersection of Welch12/10/18 3/8/19Atmos Utility Relocations, (Parking Area Only)AtmosWebsite, Letters,Public Meeting, etc.Atmos (940) 205‐9821Street Repairs to follow 6/3/19 to 10/1/19Hickory Creek Rd.Riverpass FM 18302/4/19 3/15/19Safety Improvements/Ph. I (Temporary Lane Closure)CountyWebsite & Social Media Notifications(940) 349‐8910Street and safety improvements/Ph. I to followJannie St.McKinney Noble2/25/19 3/1/19Water Taps with Pavement Repairs (Temporary Lane Closure)EngineeringNextdoor Notification(940) 268‐9726Kendoph Ln. I‐35 Willowwood11/26/18 3/1/19Wastewater Improvements (Daily Street Closure will re‐open end of each day)Wastewater N/ANextdoor Notification, Door Hanger(940) 349‐7300Kerley St.Duncan Shady Oaks1/3/19 3/22/19Water, Wastewater Main Replacement and Street Repairs (Daily Street Closure will re‐open end of each day)WaterNextdoor Notification, Door HangerWater (940) 349‐7167Water is complete Wastewater improvements to follow 4/10/19‐8/5/19 Streets Repairs 8/5/19‐1/9/20Lipizzan Dr.Wheeler Ridge Thoroughbred 1/22/19 3/1/19Street Panel Repair (Temporary Lane Closure)Streets 1/11/19(940) 349‐7160McKinney St.Woodrow Jannie12/10/18 3/1/19Utility Improvements (Temporary Outside Lane Closure)Engineering N/A(940) 349‐8910Sierra Dr.Yellowstone Sherman11/26/18 3/29/19Curb and Gutter Replacement (Temporary Lane Closure)Streets 11/14/18(940) 349‐7160Spencer Rd. Mayhill Bridges4/2/18 3/4/19Mayhill Road Widening (Road Closure)Engineering 3/16/2018, 9/14Contacted departments affected(940) 208‐4318Bell Ave.Intersection of McKinney4/8/19 5/4/19Intersection Improvemetns (Northbound right turn lane, temporary lane closure)Engineering 2/22/19Website & Letters(940) 349‐8910Bonnie Brae St.University Crescent4/1/19 4/19/19Sewer Line Installation (West Side Southbound Lane)Engineering 3/14/19Website, Letters, Business Notifications(940) 268‐9842Bonnie Brae St.Scripture Linden4/1/19 4/19/19Water Improvements (Street Closure)Engineering 3/14/10Website, Letters, Business Notifications(940) 268‐9842UPCOMING PROJECTS203
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes Bonnie Brae St.Roselawn I35ETBDTBDNorth South Water Main Phase 2 (Temporary Lane Closures)Engineering 11/26/18(940) 349‐8910Carroll Blvd.Panhandle Crescent3/25/19 4/26/19Street Panel Repair (Northbound Only Lane Closure)Streets 3/11/19(940) 349‐7160Crestoak Pl.Liveoak Oakridge4/1/19 4/30/19Street Resurfacing, Curb and Gutter (Street Closure)Streets(940) 349‐7160 New ProjectCrewtwood Pl.Liveoak Edgewood4/1/19 4/30/19Street Resurfacing, Curb and Gutter (Street Closure)Streets(940) 349‐7160 New ProjectCrestwood Pl.Greenwood Kayewood4/1/19 4/30/19Street Resurfacing, Curb and Gutter (Street Closure)Streets(940) 349‐7160 New ProjectEdgewood Pl.Oakridge Crestwood4/1/19 4/30/19Street Resurfacing, Curb and Gutter (Street Closure)Streets(940) 349‐7160 New ProjectHeritage Tr.Linden Hwy 3803/28/19 5/28/19Street Resurfacing, Curb and Gutter (One lane both directions closed)PWI(940) 268‐9842Hickory Creek Rd.Teasley RiverpassTBDTBDStreet Widening (Temporary Lane Closures)Engineering 11/26/18(940) 349‐8910Hinkle Dr.University Windsor4/1/19 6/1/20Phase I‐ Storm Water Improvements (Magnolia Drainage Ph II Temporary Lane Closures)Engineering 11/13/18(940) 349‐8910Johnson St.E. Collins E. Daugherty5/16/19 6/27/19Water Main Replacement (Temporary Lane Closure)Water(940) 349‐7167Kendoph Ln. I‐35 Willowwood4/22/19 7/4/19Street Repairs (Street Closure)Streets(940) 349‐7167Kerley St.Duncan Shady Oaks4/10/19 8/5/19Wastewater Main Replacement (Temporary Lane Closure)Wastewater(940) 349‐7300Streets Repairs to follow 8/5/19‐1/9/20McKinney St. Austin Oakland3/25/19 4/19/19Sidewalk and ADA Improvements (Temporary Eastbound Lane Closure)Engineering(940) 349‐8910Oakridge St.Edgewood Crestoak4/1/19 4/30/19Street Resurfacing, Curb and Gutter (Street Closure)Streets(940) 349‐7167 New ProjectPanhandle St.Carroll BolivarTBDTBDStreet Resurfacing, Curb and Gutter (Temporary Lane Closures)Streets 4/9/18Door Hangers(940) 349‐7160204
Street/Intersection From ToProposed Date of ConstructionProposed Date of Completion Brief Description of Construction Department LettersOther CommunicationDepartment Contact:Updated Information / Notes PEC 4 ‐ EngineeringIn DesignInstalling Underground Box CulvertEngineering 11/13/18(940) 349‐8910Roselawn Dr.Bonnie BraeKansas City Southern RRTBDTBDDrainage and Roadway Construction (Bonnie Brae Phase 1 One Lane traffic control)Engineering N/A(940) 349‐8910Scripture St. Ector GoberTBD 3/15/19Street Reconstruction (Street Closure)Streets(940) 349‐7160Shady Oaks Dr.Teasley WoodrowTBDTBDBase Repairs (Temporary Lane Closure)Streets Electronic SignsMeet with business owners(940) 349‐7160Stuart Rd.Windsor Kings RowTBDTBDConcrete Curb and Gutter Repair (Temporary Lane Closures)Streets(940) 349‐7160Thomas St.Panhandle Oak TBDTBDStreets Construction Streets(940) 349‐7160Vintage Blvd.US 377 I35W 10/1/2019 10/1/2021Street Widening (Bonnie Brae Phase 2)Engineering(940) 349‐8910205