21-144621-1446
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE INTERIM
CITY MANAGER, OR HER DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION
CONTRACT IN THE FORM OF A MEMORANDUM OF UNDERSTANDING WITH THE
STATE OF TEXAS, TEXAS DEPARTMENT OF PUBLIC SAFETY, AUTHORIZING THE
DENTON POLICE DEPARTMENT TO PERFORM UNIFORM COMMERCIAL VEHICLE
WEIGHT INSPECTIONS AND ENFORCEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Texas Government Code Chapter 791, Interlocal Cooperation
Contracts, the City wishes to establish through a Memorandum of Understanding (MOU) with the
State of Texas, Texas Department of Public Safety, the parameters for the enforcement of state
laws on uniform commercial vehicle weight enforcement within the Texas Transportation Code
Chapter 621, Subchapter F; and
WHEREAS, this MOU specifies responsibilities of the City and the Texas Department of
Public Safety, including but not limited to approved state training, certification requirements,
approved scale use, annual scale re -calibration, violation report requirements, and mandated
reporting; and
WHEREAS, the City believes that this MOU is in the best interests for the safety of the
citizens of the City of Denton, and that a valid government purpose is served by said designation;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: The Interim City Manager, or her designee, is hereby authorized to execute
the Memorandum of Understanding on behalf of the City of Denton with the State of Texas, Texas
Department of Public Safety, authorizing the Denton Police Department to perform commercial
motor vehicle inspections and enforcement, which is attached hereto as Exhibit "A," made a
part hereof by reference and is hereby approved.
SECTION 3: That this Ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this Ordinance was made by and seconded
by _ ; �o� n ck y e—. this Ordinance was passed and approved by the
following vote [ 1:
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Annintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye
Nay Abstain Absent
PASSED AND APPROVED this the E77 #-� day of�� C , 2021.
GERARDTIU150ETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY:
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
CITY OF DENTON (Allied Agency)
I. General Agreement
In accordance with Texas Transportation Code § 621.402, DPS has established parameters
for approved Allied Agencies seeking to enforce Texas Transportation Code Chapter 621,
Subchapter F. In order to maximize the uniform enforcement of statute, the parties enter
into this Memorandum of Understanding (MDU) regarding training, approved scale use,
annual scale re -calibration standards, violation report requirements, and mandated annual
reporting.
11. DPS Responsibilities
In order to better implement and maintain the standards in this MOU, DPS will:
1. Train, retrain (as necessary or desirable), test, and certify the officers of any qualified
Allied Agency.
2. Forward any weight enforcement complaints or challenges to the issuing Allied
Agency.
3. Supply software necessary for the data entry of all inspection information on a cost
recovery basis to Allied Agencies.
DPS may conduct random, in-person observation of weight enforcement inspections
conducted by an Allied Agency in order to ensure that Allied Agency's officers are adhering
to DPS certification standards.
III. Allied Agency Responsibilities
A. Certification Training
Allied Agency must enroll their commissioned, full-time officers in the 40 hour, Basic CVE
course conducted at the direction of the DPS Motor Carrier Bureau. A commissioned officer
must obtain 80% or better to become certified as a "weight enforcement officer." After
initial certification, mandated re -certification training will take place following each
legislative session. Weight enforcement officers must obtain 80% or better to maintain
certification. DPS will immediately suspend any officer who fails to re -certify and Allied
Agency must prohibit that officer from conducting or assisting with any weight
enforcement activities.
Allied Agency may discontinue agency certification at any time by notifying DPS in writing.
If a certified officer separates from an Allied Agency, Allied Agency must notify DPS
within ten days.
MCB Allied Agencies MOU Template Page 1 of 3 OGC approved June 16, 2015
B. Application of Statute and Allied Agency, Requirements
1. During the course of duty, an Allied Agency weight enforcement officer must adhere
to the "reasonable suspicion" requirements in weighing a commercial motor
vehicle as inferred by Transportation Code § 621.402. There must be an articulable
reason to detain a vehicle prior to utilizing any type of approved scale to determine
actual weight. A fixed location signaling all commercial traffic to enter a weight
enforcement site is in direct conflict with this mandate.
2. Allied Agency will only conduct weight inspections while an officer is on -duty. Allied
Agency may not perform inspections at any time for the specific purpose of
benefitting a carrier, whether onsite or offsite (such as a roadside or at a principal
place of business). Compensation for weight inspections of any kind is prohibited.
C. Approved Scales
Allied Agency must purchase and use scales from the approved Scale List found at the
following URL: http://www_dps.texas.gQv/cye/Publications/approvedScaleList.pdf. Allied
Agency must re -calibrate the approved scales during each calendar year by a certified scale
technician or vendor. Allied Agency must retain all individual scale calibration records for
the current year plus the two previous years. These records are subject to review during
contested judicial proceedings or any DPS audit.
D. Weight Inspection Reports & Upload
Allied Agency must purchase hardware and software to conduct weight inspections in
order to upload the reports to DPS. Allied Agency may only issue DPS authorized weight
inspection reports.
E. Annual Reporting Requirements
Allied Agency must submit an annual report of its weight enforcement activities for
each calendar year to DPS. Allied Agency must send the report to the Motor Carrier
Bureau in Austin, Texas by January 31 of each year for the prior year's enforcement
activities. The annual reporting requirements under this Section will survive the
termination date of this MOU.
F. Statutory Financial Reporting and Remittance Requirements
Allied Agency must comply with Transportation Code § 621.506(g) and report that data to
DPS.
This includes: (1) sending the required 50 percent share to the State of Texas's Comptroller
of
Public Accounts (CPA) if the fine meets the statutory criteria; and (2) only imposing the
minimum
dollar fine unless the vehicle's weight was determined by a scale given or approved by DPS.
DPS will confirm fiscal standing with CPA before renewing an MOU with Allied Agency.
MCB Allied Agencies MOU Template Page 2 of 3 OGC approved ,lune 16, 2015
IV. Termination of Certification
* * * UNLESS RENEWED THIS MOU WILL EXPIRE ON AUGUST 1 2023 * * *
To prevent a loss of authority to conduct weight enforcement inspections, please email
DPS with your renewal request between the 60th and 30th day prior to the expiration of
your current MOU. If the Allied Agency does not sign the renewal and mail it in to DPS
before its current MOU expiration date, certified officers must cease performing all weight
enforcement activities, until DPS receives the new fully executed MOU.
DPS may issue a warning to Allied Agency if Allied Agency fails to comply with MOU
requirements in such a way that DPS deems that the weight enforcement action being
taken is contrary to established training and statute. Failure to immediately correct any
compliance issue or comply with the required remittance of assessed fines to the
Comptroller of Public Accounts may result in the termination of the established MOU and
the decertification of Allied Agency.
V. Program Coordinators and Signatory Acceptance
Allied Agency's weight enforcement coordinators are responsible for all communications
and contacts required to manage this MOU. The coordinators must provide any updates
regarding contact information within 30 calendar days.
DPS Program Coordinator:
Captain Omar Villarreal
THP Motor Carrier Bureau
P.O. Box 4087
Austin, Texas 78773-0522
Phone: (512) 424-2053
Fax: (512) 424-5712
Omar.Villarreal@dps.texas.eov
Allied Agency Program Coordinator
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Signature of
Date:
resentative
ATTEST:
CITY SECRETARY
fTY OF DENTON, TMS
MCB Allied Agencies MOU Template Page 3 of 3 OG[: appmyPd,hjnP 16, 2015
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