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02-14-2017 (City Council) Agenda Packet /1/11 Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda February 14, 2017 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Way 2°a 9 weeks Presentation (E. Hogue, Mayor) • CWD Annual Report—Robert Medigovich, CWD Municipal Coordinator February 14,2017 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of January 24, 2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Review, and place on file,the 2016 Wylie Police Department Annual Traffic Contact Report. (A. Henderson, Police Chief) C. Consider and act upon Change Order No.2 for bid#W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of $58,600.00, resulting in a new contract total of $5,288,197.49, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) D. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 18,2017. (D. Dahl, ASAB Chair) E. Consider, and act upon, Resolution No. 2017-05(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 6, 2017 Wylie General Election; and an agreement between Collin County Community College and the City to hold a Joint Election at the Smith Public Library for the City's Voters residing in Collin County. (C. Ehrlich, City Secretary) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon,a request to amend Planned Development 1999-32 to allow for flexibility of site signage requirements. Generally located at the northeast corner of McCreary Rd and McMillan Rd. (1400 McCreary Rd.) ZC 2016-17 (R. 011ie, Development Services Director) Executive Summary The subject property is located on the northeast corner of McMillen Road and McCreary Road. The Planned Development on the property was adopted by City Council on October 06, 1999 (PD 99-32). This amendment will only be affecting the Commercial Corridor tract of land within the PD being lot 1 and lot 2, Block A of the Creekside Retail Addition.The site is currently developed with a Neighborhood Walmart and Fuel Station. February 14,2017 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Hold a Public Hearing and consider, and act upon, approval of a Replat for Inverness Pharmacy Addition, creating one lot on 1.901 acres, generally located southeast of FM 544 and Regency Drive (R. 011ie, Development Services Director) Executive Summary The property totals 1.901 acres and will create one lot by combining an existing lot that measures 0.901 acres with an unplatted tract of land that measures 1 acre. The lot will be labeled as Lot 1, Block B of the Inverness Pharmacy Addition. The lot will be zoned in the commercial corridor district and will be developed with a Pharmacy that measures 6,421 sf. 3. Consider, and act upon, Ordinance No.2017-06 authorizing the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017- 01A (R. 011ie, Development Services Director) Executive Summary This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. 4. Consider, and act upon, the appointment of a new Library Board member, , for the unexpired term of February 2017 to July 2017 per the City Charter Section 2(c), article VIII to replace Mrs.Karen Adams. (R. Orozco, Library Director) Executive Summary Mrs. Karen Adams, a long-time volunteer with our Wagging Tales program in addition to being a Library Board member passed away in November 2016.The staff is requesting that replace her for the unexpired term,February 2017-July 2017. Tabled from 01-10-2017 Remove from table and consider 5. Consider, and act upon, a request to provide alternative roofing options to the current cedar shingle roof located at 301 N. Ballard Avenue, for City of Wylie Brown House. (R. 011ie, Development Services Director) Executive Summary This item was tabled in order to allow council members an opportunity to visit existing structures with the proposed roof shingles. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discuss a potential multi-family mixed use development on approximately 20 acres, generally located southeast of S.H.78 and south of Alanis Drive. (M. Manson, City Manager) February 14,2017 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I cert0;that this Notice of Meeting was posted on February 10, 2017 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WCI : Minutes City Council Meeting Tuesday, January 24, 2017 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman David Dahl, Councilman Jeff Forrester, Councilwoman Candy Arrington, Councilman William Whitney III, and Councilwoman Diane Culver. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Public Services Director, Mike Sferra; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; Finance Director, Linda Bantz; City Engineer, Tim Porter; City Secretary, Carole Ehrlich, Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Pledge of Allegiance by Boy Scout Troop 441 of Wylie Tye Jarvis of Boy Scout Troop 441 gave the invocation and Scout Troop 441 presented the colors and led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Eric Mc Murdie addressed Council requesting improvements to Alanis Road. Minutes January 24, 2017 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of January 10,2017 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2017-05 amending Ordinance No. 2016-20, which established the budget for fiscal year 2016-2017; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31, 2016. (L. Bantz, Finance Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31,2016. (L. Bantz, Finance Director) E. Consider, and act upon, Resolution No. 2017-02(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be administered by the Collin County Elections Administrator and the City of Wylie on May 6, 2017,for the purpose of electing the positions of Mayor and two (2) Council members (Place 5 and Place 6) of the Wylie City Council, to hold office for a period of three (3) years; Designating locations of polling places; Designating filing deadlines; Ordering Notices of Election to be given as prescribed by law in connection with such election. (C. Ehrlich, City Secretary) F. Consider, and act upon, Resolution No. 2017-03(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, Appointing Election Officials for the General Election on May 6, 2017, for the purpose of electing the positions of Mayor and two (2) Council members(Place 5 and Place 6) of the Wylie City Council. (C. Ehrlich, City Secretary) G. Consider, and act upon, approval of a donation of equipment, one rapid-flashing beacon system,from ELTEC Electrotechnics Corporation. M. Sferra, Public Services Director) H. Consider, and act upon, approval of a Final Plat creating 138 single family residential lots and 5 open space lots on 38.113 acres for the Stone Ranch Subdivision, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. (R. 011ie, Development Services Director) L Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of December 31, 2016. (S. Satterwhite, WEDC Director) Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Arrington to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. Minutes January 24, 2017 Wylie City Council Page 2 REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Multifamily District (MF) to a Planned Development (PD 2017-XX-TH) to allow for a Town House development of 4 units on 0.281 acres located on 202 N Fifth Street, southeast of the intersection of State Highway 78 and N 5th Street (ZC 2016-15) (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 0.281 acres and will create 4 townhome residential lots. The applicant has requested that the item be withdrawn from consideration. Public Hearinci Mayor Hogue opened the Public Hearing on ZC 2016-15 at 6:16 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council. Mayor Hogue closed the Public Hearing at 6:17 p.m. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Culver to accept the withdrawal of ZC 2016-15, requested by the applicant for a change in zoning from Multifamily District (MF) to Planned Development to allow for a Town House development of 4 units on 0.281 acres located on 202 N. Fifth Street, southeast of the intersection of State Highway 78 and N. Fifth Street (ZC 2016-15). A vote was taken and the motion passed 7-0. 2. Hold the 2°a Public Hearing for the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017-01A (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that this annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of- way, which is outside the incorporated limits of a municipality(or municipalities) and the incorporated area of the municipality(or municipalities) abuts or extends into the right-of-way. Councilwoman Culver asked if the road improvements would be eligible for the MCIP. Hamid Baha, representing Dallas County Public Works, addressed Council stating that in order for a road to be eligible for MCIP funds through Dallas County, it must be classified as type "B". At present the County Road between Muddy Creek and County line is classifieds as type "A". Several years ago Dallas County recognized that this road was not type "B" but was in need of repair. At that time the County completed the design for improvements to the road. Baha explained that in order for this road to qualify for further funding, it must be classified as type "B" which first requires a City to annex the road and maintain it. Then funding could be considered on a 50/50 basis between the City and County. Minutes January 24, 2017 Wylie City Council Page 3 Public Hearing Mayor Hogue opened the Public Hearing on ZC 2017-01A at 6:23 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council. Mayor Hogue closed the Public Hearing at 6:24 p.m. No action required on this item. An Ordinance for the above annexation will be considered at the Regular Council Meeting of February 14, 2017. 3. Consider, and act upon, Resolution No. 2017-04(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. The Neighbors Go DMN was discontinued last year therefore the Dallas Morning News and the Wylie News were included as qualified for the "Official Newspaper". Costs for each newspaper were included in the agenda packet. Councilman Dahl asked if certain publications that required publication in all three counties would require the City to use the Dallas Morning News. Ehrlich replied that in those cases, it was the City Attorney's opinion that the publication be published in both the Wylie News and DMN. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Forrester to approve Resolution No. 2017-04(R) and designate the Wylie News as the "Official Newspaper" for 2017. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR)for FY 2015-2016 after a presentation by the audit firm of Weaver L.L.P. (L. Bantz, Finance Director) Executive Summary Finance Director Bantz addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver has performed an audit as of September 30, 2016. This is the third year for the audit to be performed by Weaver after their selection to continue as the City's independent auditors following an RFP process done during 2014. Prior to that Weaver had served as the City's auditors for six years. Mr. John DeBurro, Senior Audit Manager with Weaver, provided a brief presentation of the CAFR, including the Independent Auditors' Report. He reported that Weaver had found the audit to be an Minutes January 24, 2017 Wylie City Council Page 4 unmodified opinion. He explained that Weaver had issued the Independent Auditor's Report on Internal Control over Financial Reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. An unmodified report is the best reporting a city can receive where no deficiencies were found. Mr. DeBurro reviewed some of the highlights of FY 2015-2016. A complete copy of the FY 2015-2016 CAFR is on file for review. Mayor Hogue thanked the members of the Finance Department for a great job in compiling and reporting the City's financial affairs. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilwoman Culver to accept the Comprehensive Annual Financial Report (CAFR) for FY 2015-2016 by the audit firm of Weaver L.L.P. Presentation of the Wylie Economic Development Corporation Annual Report. WEDC Executive Director Sam Satterwhite delivered the 2016 Annual Report to the Wylie City Council. This report provided a financial overview and condition of the Corporation as well as an update on 2016 business activity and 2017 Goals & Objectives. The report noted sales tax collections increased over prior year by 13.23%. Over 2015 receipts totaled $2,481,757. The WEDC reported the following breakdown of expenditures: $2,441,580 on grants and engineering services directly attributed to incentive packages, $953,616 on the purchase of real property, $333,007 on personnel services, $105,176 on marketing and promotion, and debt service of $670,278. The WEDC also had $106,100 in income from the lease of WEDC facilities, and $11,958 in income from a loan receivable. Finally, the WEDC ended the FY 2015- 16 with a fund balance of$465,686. In 2016 the WEDC borrowed $4,165,000 for the purchase of multiple properties. A 1.2-acre tract located at 398 S. Highway 78 was purchased which completed the assemblage of seven properties (5 acres) which has subsequently been cleared and is being marketed for restaurant development. A 4.79-acre tract was purchased in November 2016 from Dallas Whirlpools which can be combined with the City of Wylie property on 544 (EPA site) and additional properties owned by the WEDC on Commerce Street to create a 12-acre contiguous site. Finally, a 0.29- acre tract located at 201 Industrial Court was purchased to be combined with two other adjoining properties and marketed for redevelopment. In February 2016 the WEDC conveyed its interest in 2.11 acres of land to Mann Made, Inc. as part of a simultaneous purchase agreement for 398 S. Highway 78. Also, in 2016, the WEDC sold 1.433 acres of land on FM 544 to McClure Partners, LLC to further office and retail development. McClure has since contracted with Freddy's Frozen Custard & Steak Burgers, Bush's Chicken, and Soulman's Barbecue, all of which will be operational in 2017. In FY2016-2017, the WEDC is contractually obligated to fund $862,947 in direct incentive programs including sales tax rebate programs for infrastructure improvements executed with Direct Development, Clark Street, and B&B. These ongoing, multi-year commitments represent fourteen projects which the WEDC has previously approved or is in the process of negotiating currently. Satterwhite reported that in 2017, the WEDC will concentrate their efforts toward facilitating the development of the KCS commercial property along Highway 78, selling restaurant pad sites along Highway 78 and FM 544, and identifying investors willing to implement a mixed-use Minutes January 24, 2017 Wylie City Council Page 5 development on Jackson Street that complements Wylie's Historic Downtown. In addition, the WEDC is dedicated to investing in a more formalized Business Retention & Expansion Program designed to foster relationship building and facilitate timely notice of expansion plans, business challenges, and any action needed to ensure the health of key employers in Wylie. 5. Consider, and place on file, the 2016 Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Director) Council Action A motion was made by Councilman Forrester, seconded by Mayor pro tem Stephens to accept and place on file, the 2016 Wylie Economic Development Corporation Annual Report. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2017-05 into the official records. Mayor convened into Executive Session at 7:13 p.m. citing the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • City Manager Evaluation (M. Manson, City Manager) RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 8:10 p.m. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to adjourn the meeting at 8:15 p.m. A vote was taken and the motion passed 7-0. Minutes January 24, 2017 Wylie City Council Page 6 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes January 24, 2017 Wylie City Council Page 7 Wylie City Council AGENDA REPORT 'a yP 4+rv9Mka{ pr, �kI.P MYYk fl'tlOp,' Meeting Date: February 14, 2017 Item Number: B Department: Police (City Secretary's Use Only) Prepared By: Chief Anthony Henderson Account Code: Date Prepared: January 31, 2017 Budgeted Amount: Report by Dr. Alex Del Exhibits: Carmen Subject Review, and place on file, the 2016 Wylie Police Department Annual Traffic Contact Report. Recommendation A motion to place on file the 2016 Wylie Police Department Annual Traffic Contact Report. Discussion Texas Senate Bill (SB 1074) requires Police Departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later than March of the following year. The 2016 Wylie Police Department Annual Traffic Contact Report meets all requirements of SB 1074. (Rev 01/2014) Page 1 of 1 r uctio __. ening January I'7, 2017 Wylie City Council Wylie, Texas 76180 Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001 the Texas Racial Profiling Law. Since then, the Wylie Police Department, in accordance with the law, has collected and reported traffic and motor vehicle- related contact data for the purpose of identifying and addressing(if necessary) areas of concern regarding racial profiling practices, In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements are now in place. These most recent requirements have been incorporated by the Wylie Police Department and are also being addressed in this report„ This particular report contains three sections with information on traffic and motor vehicle- related contact dat.,, In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Wylie Police Department has complied with, the Texas Racial Profiling Law„ In section I, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the TexiLs Racial Profiling Law In addition„ you will find the Texas HE 3389, which, in 2009, introduced new requirements relevant to racial profiling Also„ in this section, a list of requirements relevant to the Racial Profiling Law as established by TOOLE (Texas Commission on Law Enforcement) is included, In addition, you will, find„ in sections 2 and 3 documentation which demonstrates compliance by the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel, The last section of this report provides statistical data, relevant to contacts, made during the course of motor vehicle stops, between 1/1/16 and 1 2/31116„ In addition, this section contains the TCOLE Tier I fdrm, which is required to be submitted to this particular organization by March 1.'" of each year, The data in this report has been analyze* ad 1,(I compared to data derived from the U.S. Census Bureau's Fair Roads Standard, The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the Wylie Police Department's commitment to comply' with the Texas Racial Profiling Law, Sincerely, Alex del Carmen, Phi). Del Carmen Consulting, LLC T le rU . onte ts Table of Contents (I) introduction a) Opening Statement b) Table of Contents e) TC(1)LE: Guidelines d) The Texas Law on Racial Profiling (S.B. 1074) e) The h':ost Recent Legal Requirements (11B, 3389) (11) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law (includes outcome of investigation) e,) Police Contact Information Table (2016)/Known Ethnicity and Race of Detained and TC:01,E Tier 1 Form 1) Table Depicting Baseline Comparison (2016) g) Fifteen-Year Data Assessment(2002- 6) h) Analysis and Interpretation of Data (2016) (H1) Sun)Liriary a) Checklist b) Contact Information TCOLE GUIDELINES 11 Guidelines for Compiling and Reporting Data under Senate Bill 1074 ..ackground Senate Bill 1074 of the 77th Legislature established requirements in the Texas,Code of Criminal Procedure (TCCP) for law enforcement agencies, I he Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA), The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard, Each standard is composed of two parts: the standard statement and the commentary, The. standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency, The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarity the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling, • strictly prohibits peace officers employed by the agency from engaging in racial profiling • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint, • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, utter investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Corm Htentary Article 2 13 I of the TC.,VP prohibits officers from engaging in racial profiling,. and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard, The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state, or of a county, municipality, or other political subdivision of the state, that employs 11.,,'ace officers who make traffic stops in the routine performance of the officers' official duties„'" The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American" The statute does not Iunit the requited policies midst these ethnic groups This written policy is to be adopted and implemented no later than January 1, 2002, Standard 2 Each peace officer who stops a motor vehicle for an alleged 'violation °fa law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency iinformation relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as staled by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search, • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause, • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged: • the street address or approximate location of the stop,and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged, Commentary The information required by 2,133 i( C) is used to complete the agency reporting requirements found in Article 2,t 34, A peace officer and an agency may be exempted from this requirement under Article 2,135 "FCC? Exemption for Agencies Using Video and Audio Equipment, An agency may he exempt from this reporting requirement by applying for the hinds from the Department of Public Safety for video and audio equipment and the State does not supply those funds Section 2.135 (a)(2)states, -the governing body of the county or municipality served by the law entbrcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs hinds or video and audio equipment for the purpose of installing video and audio equipment as de,sciribed by Subsection(a)(I)(A)and the agency does not receive from the state funds for video nd audio equipment sufficient,as determined by the department„, for the agency to accomplish that purposeT Standard 3 [he agency compiles the information collected under 2, 132 and 2,133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops, Detained is defined as when a person stopped is not free to leave Article 2 134 TCCP requires the agency to compile and provide arid analysis of the infOrmat ion collected by peace officer employed by the agency, The report is provided to the governing betty of the municipality et county no later than March 1 of each year and covers the previous calendar year There is data collection and,reporting required based on ,Anicie 2.t.32 CCP (tier one)and Article 2 133 CCP Bier two) The minimum requirements for"tier one" data for traffic stops in which a citation results,are, 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of particular. descent, including('aucasian, African, hispanic, Asian, or Native American"), 2) whether a search was conducted„ and if there was a search whether it was a consent search or a probable cause search,and ) whether there was a custody arrest. The minimutn requirements for reporting on"tier two"reports include traffic and pedestrian stops, Tier two datamud ude 11) the detained person's gender and race or ethnicity, 2) the hype of law violation suspected, e.,g.., hazardous traffic, non-haiardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause, 4) facts supporting probable cause; 5) the type, if any„ of contraband that was collected; 6) disposition of the stop,e.g..,arrest,ticket, warning, or release; 7) location of stop;and 8) statement of the charge, e.g.,felony, misdemeanor, or traffic, Tier one reports are made to the governing body of each,county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state.. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March I„ 2003, Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops., The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.. An agency may be exempt,from the tier two reporting requirement by applying for the hinds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2..135(a)(2)TCCP].. Reports should include both raw numbers and percentages for each group., Caution should be,exercised mm interpreting the data involving percentages because of:statistical distortions caused by very small numbers in any, particular category, for example, if only one American Indian is stopped and searched, that stop would not pTOVid,e an accurate comparison with 200 stops among Caucasians with 100 searches, In the first ease,a 100%,search rate would he skewed data when compared to a.5C1%rare for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency • adopts standards for reviewing and retaining audio and video documentation, and • promptly provides a copy of the recording to a peace officer.who is the subject of a complaint on written request by the officer, Commentary 'rite agency should have a specific review and retention policy. Article 2..132'FCCP specifically requires that time peace officer he promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request.. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of instal ling such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2,134 TCCP and officers are exempt from the reporting requirements of Article 2,133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year., and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year Audio and video documentation must be kept for at least 90 days or longer if a complaint has been tiled. The documentation must be retained until the complaint is resolved Peace officers are not exempt from the requirements under Article 2,132 TCCP Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Trans! iirtation Code, Commentary Senate Bill 1074 changed Section 543,202 of the Transportation Code requiring citations to include, • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained, e exas Law on Racial Profihi S.B. No. 1074 AN ACT relating to the prevention of racial profiling by ce am peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION I. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 1138 to read as follows-. Art. 2.131. RACIAL PROFILING PR.OHIBITED. A peace officer may_not engage n rac ialprofi nig, Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PRQFII..iNci. (a) in th is_artgle: 1...,,aw enforcement agency" means an agencyof the state, or of a county„Inuniertilty,or other political subdivision of the state„that employs peace officers who make traffic stops in the routine_perfonnance of the officers' official duties, (2), "Race or ethnicity" means of a particular descent including Caucasian„AfricarLjAispanicAsian or Native American descent. ail_ Each law enforcement agency in this state shall adopt a detailed ristcll_IN 1 icy on racial profiling. The pollcy must-, LU clearly_define acts constituting racial profiling (21 strictly_plohibitpeace officers en4oye4 thea&ney from engaging in ra,cial,grofiling- (3) implement a„mocess bywhchanihndivithuiImayJTi1ea complaint with the imency if the individual believes that. apeace officer employed, by the agency has engaged in racial_profiling,with respect to the individual; 4" rovide public education relating to the agency's complainLprocess; (5) requireappropriate corrective action to he 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'spolicy adopted under this article; (6) require collection of information .relatitivo traffic stop in which a citation is issued and to arrests resulting from those traffic stops, including, L ) the race or ethnicity of the_individual detained:, and (13) whether a search was conducted and if so, whether the person detained consented to the search. and (7) require the agenc_y to submit to the governing:hody of eaehsqyptiprmupjcipality_served hEthe agency:an annual report ofthelpformati on collected under Subdivision (6) if the agencv is an 'ligency'L of a cowith_municipality, or otherprilitical subdivision 9f.01P5tale, (siiIhe 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 Lb), law enforcement agency shall examine the leasibility_of installing video camera and transmitter-activated equipment in_each?_igency law enforcement motor vehicle regularly used to make traffic stops and transmitterzactivated equipment in each agency law enforcement motorcycle regular:3r. used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided tajhis subsection, the_policyadopLted by the agency under Subsection (b) must i elude standards for reviewip&video and audio documentation. (e), A report. required under Subsection (171(7)may noljnelude, identifyLing nformation about a peace officer who makes a traffic stop or about an individual who is5, topped 91...arrested 'by a pcaace officer. This suhscclnm do .s not....afrlect the Gui,9.ec tion of in rr atlon as reatirecfl a) On the commencement of an investigation.h .a law enforcement agencv_of a complaint described by,.SubsecU nr tt 3, _in which avideo or audio recording;of the occurrence on Which the complaint is based was made, the agency° shall promptly provide a copy of the recordrn to the peace officer who is the....subject...of the..,complaint on written request ley Jlne of'fice;r.. Art. .._l a3 REPORTS REDILJIRLt} ,FOR I RAF 1 IICAND PEDt`?...I RIAN..S ( P' .._;(_=.a.:inthis a,rti�cl:. (11....7,Rac ,,or etflhnticity' has the me,a tang assigned...b)y Ar.tt d,e ,. 1,,;32 aa1. (2) "Pcdesitnan stop" memlans an.anteractaort,,,between a peace officer and an individual,_who is being detained for the purpose of a ern:inirral investigation in which the individual is not under arrest. 02) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance reguJIatiargtraffic or who steps a pedestrian fore any suspected offense shall ravrt_to,the law enforcement agency that employs the offcer information relating to the stok pc)tiding; [1.la physic„al description of eatichpersonndetained as a_result of the stop arlcIoda.i ,.. t A) the, ..rsorq's gencd r, 1nrid (B) the persons race or ethnicity, as stated by the person ()ILL{the,,person does not state the_p rson's race or ethnicity, as determined 17y the officer to the best of the officer's ability; i n th traffic law.or ordinance alleged to_have_bee_n violated, or the suspected offense, (31„whether the officer conducted a search as a tesultstf.the stop and, ifs°, whether thciltelSOri detained consented to the search. 41_'whether a„ny'contraband was discovered in the course of the search and the type of contraband discovered, IS) whether probable cause to search existed and the acts Sjlppoqi ng the existence of that_probable cause, (6) whether the officer made an arrest as a result of the stop or the search,includinga statement of the offense charged; (7) the,street address or,approximate location of the stop', and 8)__Nyhether the officer issued a warning or a citation as a result the stop, includirckstOgfiption of the warning ora_statement of the viollati2a charged, Art, 2, 134, COMPILA'TION AND ANALYSIS OF INFORMA,T1ON COLLECTED, tali In this article, "pedestrian stop: means an interaction between apeace officer and an individual who is being detained for the_pulapose of a criminal investigation in which the individual is not under arrest, chl 011.`QTCe.111,(,-T1,4141cYs[14111c0ITIPl1g...anci air:1,4114P the information contained in eachE0.25 received by_the ageneyiinder Article 2.133, Not later,than March"of eaelLyear,each local law enforcement agency shall submit a report containing the information compiled during theffevious calensbryear to the governing body of each cot:if:IN' or municipality served by the agency in a manner a rovekby_thettgena„.. CO_A report respired under Subsection (b) must include: (Li a comparative analysis of the information cornpiled under Article 1.1,33 to: C61 determine the nrevalence of racial profihng by peace officers girt:played by the agency; and, Li3jcxarrannc the disposition of traffic and pcdestr rasa stops rma.dc_byoffii�cers ermployed by the agency„„including searches resu➢ting rom,the' stops, and. (21 information relating to each complaint filed with the agen;cy_ai;legrnp that as peace officer empl....,+tycd bey theagency_has ernp,�rledrn racial profll,in w tji A,..reportrequ,fired under Subsectiontnht maynot include identifying information about a�aeaee officer who makes a traffic or pedestrian stop or about an. individual whmo_isstopped or arrested by a ace_offilcer This subsection does not affect the reporting of 'information required under Article 2,133t_h Z f The C ormnission on Law Enforcement Officer Standards and Education shall, develop guidelines Rn compiling and rreportin ;, information as required by this article, 4 J.__ k data collected as a result of the reporting requirements of this article shall not constit ute e np,p ma facie evidence of racial_„prof ling, Art, 2.135. EXEMPTION K)R AGENCIES USING VIDEO AND AUDIO...b_(2t1l,;PML T. Saj_A peace officer is exempt from the [(Toiling requirement under Article , 133 and_a law en foreementagency is exermpA,from the ccrnapi lation,analysis and report?.g requirements under Article 2 134 iw : 1 )_ thir ing.the calendar yerrr_preccding the date that a...report under Article µ1134 is required to be submitted: (AjjeachWwlawv enforcement motor vehicle v hicleregularly used by„an ciftic; r employed by the agency to make trafficanndpedestrian stops is e ppc.d with video camera and transmitter-activated equipment and each law enforcement motorcycle regulanrl used to make traffic andpedesttiian stops isequjpped with transmitter-activated ec aa_rprr!cm: (.BJ..,..each traffic and pedestrian sto made by an officer employed by the agency that is capable o hei g_recorded_by video and audio„orMaudio equiplruent,as upwripte ubwrecorded by_using the equipment or (21the,,gnvcrning body of the county:ormnjunicipality served by the law enforcement agency, in conjunction with the law enforcementagenc,certifies to th,e Department of Publicw Safety, not later than the date specified tiynile by the department,.that the law enforcement agency needs mfunds or video and audio equipment for the purpose of installing, video and audio equipment as described by_Subsection tat(1)(A) andwthe agency. does not receive from the state funds or video and audio ec uipment suf'licuent, as determined by the department, for the agency to accomplish that LbilExcent as otherwise provided by this subsection a law enforceme rt.agencythat isexema ur_t frorm the requirements under Article 2,134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 day aaft r_the date of the stop, If a complaint is filed with thelaw enforcement agency alleging that a peace officer employed by the agency has engaged in racial,protiling with respect to a traffic or pedestrian an stop, the agency shall retain the video and audio or audio record of the stop until final. disposition of the cornpla:int... tc) this article does not affect the collection or repotting requirements under Article 2. t 32.. Art. 2136. LIARILI Y. A peace officer is not liable fir 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 Arti le 2,131 Art 2 137. PROVISION OF FUNDING (.)R EQQ11PMl N...l,f.a . '1 he Drpartmerrt of Public Safety shall adopt rules a r.prov°iding funds or video and audio equipment tcr law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2..135(a)(„ILN incluiing_specifying criteria�tn_pprioritize funding orr equipmentt wp ow ided to law enforcement agencies The criteria may include consideration of tax effort, financial hardship, available revenue and budget surpluses, The criteria mustgive ( 1) law enforcement agencies that enniqypeace officers whose primary duty is traffic enforcement, L2) smalleriurisdictions' and. .(3) municipal and county law enforcement agencies, IN The Department of Public Safety_shall collaborate with an insittution of hilher education to identi.fy law enforcement agencies that need funds or yideoand audio equipment for the purpose of illstallitig_video and audio equipment as described by Article 2,135faklICA). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding_or equipment provided to law enforcement agencies. (Q. To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135010,1(A)„„the gpverning body_of a county or rnunicipalityjn conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Salety„that the law enforcement agency needs .funds, or video and audio equipment lot that purpose, WI On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by_Article 2,1351a)a)0), thegoverning body of a counthor municipality, in conjunction with the law enforcement agency servitIL.' enforcement agency has installed video and audio equipment as described,by Article 2,1,31(a).(1)tA) and is using the equipment as required hy Article 2,1350)111, Art, 2.138. RULES. The Department of Public Safetymaj adopt rules to implement Articles 131-2.137. SEC! ION 2, Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art,..,LQ.L.RACJAL 1.')ROTTLAN G. In this code, "racial profiling" means a law enforcement-initiated action based on an individuals race,.ethrticityor national origin rather than on the individual's behavior or on information, identifying the individual as having engaged rtcr mtpa Lactiyity, SEC! 1()N 3„ Section 96,641, ,Education Code, is amended by adding Subsection (j) to read as .1bIlows„, (I)___As,part of the initial training and eontinuingsducation for police chterssecittiredAnder this section the institute shall establish a_program on racial profiling_The promm must include.an exarni'!ation of the best practices for monitoringpeace officers' comidiance with laws and internency_policies relatingto racial prof-ail-11, (2_,) implementing laws and internal agency .Rolicies relating tcureventing raciaLprofilingind (21 apabyingandleportin&collected information, SECTION 4, Section 1701.253,, Occupations Code, is amended by adding Subsection (c) to read as follows: Cc) As part of the minimum curriculum requi reillentsjhe commission *1141141?11911t..., t4PYY'14SPPOPIghqslYcLARg04411„411411r4114P1121.20gratAuflracifal officers licensed under this chapter An officer shall complete a program established under this subsection not later than the second anniversar of the date the officer is Licensed 'under this chaplet:Of The date„the officer:applies for an intermediate proficiency certificate whichever date is earlier, SECTION 5, Section 1701,402, Occupations ('ode, is amended by adding Subsection (d)to read as follows: 9elTti officer must complete an education and training program on racial profiling established hy_the commission under Section 1701.2531 , SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202,, FORM OF RECOW. (a) in this section "race or ethnicity" means pf aparticular descent includingCaucasian„ African, tlispanic., Asian or Native American descent (1)) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged, (2) the registration number of the vehicle involved, (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 52.2 or was involved in transporting hazardous materials, (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit, (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whgther_trAcarch_pf the vehicle was conducted and whether consent for the search was obtained; (II the plea, the judgment, and whether bail was forfeited, (_8) [(7).1 the date of conviction, and (2J [ON the amount of the fine or forfeiture. SECTION 7, Not later than January I, 2002, a law enforcement agency shall adopt and implement a policy and ben collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act, A local law enforcement agency shall first submit infortnation to the governing body of each county or municipality served by the agency as required by Article 2_ 132, Code of Criminal Procedure, as. added.by this Act, on March 1, 2003, The first submission of. information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 20(121_ SECTION 8.. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning.January I, 2003, and ending December 31, 2.001, SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701,253„ Occupations ('ode, as added by this Act, and, (2'1, the I3ill Black wood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection 6), Section 96.641,, Education Code, as added by this Act, SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law. Enforcement,Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701..253., Occupations Code, as added by this Act, not later than September 1, 2003, SEC'FION II. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96,641, Education Code, as added by this Act, not later than September 1, 2003, SECTION 12, This Act takes effect September 1, 200 President of the Senate Speaker of the House 1 hereby certify that S B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 2 I, 2001, Senate refused to concur in Flouse amendments and requested appointment of Conference Committee, May 22„ 2001, House. granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote, Secretary of the Senate 1 hereby certify that S.B.. No 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote, May 22, 24:K11, flouse granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Conamittee Report by a non-record vote. Chief Clerk of the flouse Approved: Date Governor uire * Amend. CEEB, 3389 (Senate conadictbse report) as, follows: ri..) Strike the following SECTIONS ot the bill: )..A) SEMMION 8, adding Sectitm. 170d.164, Occupations Code (page 4, lines 61-66) ; (B) SECTiON 24, amending Article 2-132 (5) , Code, of. Craminal Procedure (page 8, limes 19-53) ; (C) SECTION 25„ amending Art:tele 2.184 (e) , Cede of Criminal Procedure. (page 8, lineh, 54-64) ; (D) SECTION 28, providing transition language fet tho amendments to Articles 2.132 (rd and, 2.134 (5) „ Code of Smininel Procedure (page 9a lines 40-47) . (.2) Add the following appropriately. numbered. SECTIONS to the bill and renumber subsequsnt SECTIONS of the bill accordingly: SECTION' (NNNoo Article 2. 132, Code. of Criminal Procadutmg is amended by amending Subsections (a) , ChM , (bi , add be) and dddddg Subsection. (g) to redd as follows4 (E.M. In. this articlec Sid "Law enforcement agency" means an. agency of the statey or of a. dm:malty, muhtcipality, or other political subdivision. of the state, filet. employs peace officers wno make,, raptor vehicle HmFa(MAMmiti stops 1 n. the routnee, petferr.manime of the officers' fficial. duties. (2) "Moter vehicle stdp."' means an dorreeratt_tnwhich a pbambNofttbetedltoph a motor. vehicle for anailleAedmicattammct44 lawututt or ordinance tausai et - (3) "Race or ethnicity" means of a particalar descent, -2 2„ tnoludabg Caucasian, Afriodn, Hispanic, As [4.(i16). Native American, or Mdddic Eastern dsccemt. :n) Eac.h law enforcement sgsney in this state shall adopt,. a detailed written policy on. racial profiling. The. policy must: ru clearly define acts constituting racial profiling; (NM strintUy prohibit peace. officer employed. by the. agency from.. engading in racial profiling; (3) implemhut a process, by which an imdividbal may rids: as complaint with the agenmy if the individual Solicyms that a peace. officer- employed. by the agency has: engaged Cr) racial profiling with. respect •fo. the, individual; (4) provide public education relating to the agency's complaint. proceess (E) reql....re dppropriate corrective, aeticm, to be ralen. agganst a peace officer employed by thor, agency who, after an c rico cq ii ci ii, is shown to have engagpd in racial profiling. violation. of the agbncy's pplicy adbpted undar this. article; (6.) reiTairJe callectiah of information. relating To mmtor vohicle Sfa-flfiimil stops in. which a citation. is issued and Co arrests made as acfsbultiot Orsm(a4t4m1--(felal thote efshf4elsd stops, includand information. relating to: (IA) tho race or. ethnicity of ths individdal detainees and. Nit whether. a seateiti was monbteted and4 if sea whether the .i.net i.v 1.du al [par son 1 beta 1...red carts,rated to and. .f)Ttfyywhetbatthropeacte officer knew tharboe or, e lihnbd.it:).L o f the it:idlyid:as 1 )rie ea i..n a d be,ft ortat2gettai,.toltraggott sa..t.„ vl Id 1..; and ('7) r a du.1,...r.e tine c,h.i ti,f a drag nits t r at irt),f) ott: the a.g op.c yy) tuardlasca_atit_wSethar the adminlstratercis slecredbpployedj )ox apppii,..a De ci.,_ r.a )5 t.)..hrtli t [tessithe.--ge,),v, mitigebeffyiedfsemtpangessitstay,,,,,,,:gb xsinecetilassieettseses)Ntesistsysetalse-salefeerY I an antIS al.. r sport 0 f t lie information collemted under Subdivision. (61 ,topf: JA* the commission, on Law EbtorbabeatoOfticar Standards and. Edboataon„) and OFCA_Dtpai Igvarning Mody_of saato county or munTbiLEality servadAby_tbe adahx..y) if the aganoy is an agency of a. county, manaciTallify, or other political. subdivisioei. of fIr stata. Ti adoptdob of a, policy under Sabsecrlon (b) , a. law antorbament adanoy shall examine, the feasibility of'. installing video camera and. transmatter-activated. equipment in aeon' agetcy law et_tort ante u t„ ns.P.„.id vt...„1.)....i._ila regular,.y used to lit:ike .mt....,... t o i [blestfasett] s t.tams .i.).1.nd trap,Ski,i„t.t„e.r sac t:i„vat.en" ta dot i.,p.ns n tt, in sac h a denc y .1....aw en for e,bent :motorcycle r egularlsy) in to make motor vehol...c le 1 ta),( )fs14e 1 stops. I f a „I.a w e n.for o eme..n t a.g P.c y ,i..n..5 S.a 1.:Ls v.i...cis° sr audi o equ ipraen.t a s 'pr.c».v.rind [)y thin s ub s t»,,a t icarl, .t he pol.d,„c y adopt e b. the, a.ge to c y tinder S ph,we t 11..ctn (la 1 must „kn.())I u de s t a.nda.reis I a r r eviewin.g vid.ao and au d 1..0 do c LISTS.,n..t.a t ion (e) A. r sport' r tt,qui r el .a.rider hid sec r it„)h. 1 b) (7,) Its,y nt:1„. .1..n c ilia e J„.de n.t I J'...!ying .1.11 f 0,r„.ma t.i..oil abou t. a p a a.c:e off i..cc,r- who makes a sib-tor veh:1 c.1:(a faittafteite 1 s.t.or) or a.gout a n. 1„.n):1.1.v 1..du.a 1 who 1..s »):t tippet-1. or ar r es re(11. b y ..,E1 peace o:r fic er. `,111.1..1.s subs east A...an. )„..„1(f es riot. a.f f ad t the co.1...ireat lot) of in r.a rm a.t.i..ctri a - 17dI r ed .1::::y a p:o.1 1.:3 y un.d.e r Slobs el st inn )”(„a) On. ,a._fiend.r no '1,i),,t t:h cm C o gait t.,t)a i.on °to Law En.r ortc,era en t: „co.... ,...........i.,..........m.____ Of fl c or 1111-,tirsi a.rds and E cil a(-a 1 tor) tth a t: 1:h c) (-1-0 c f a dm i ft i e,trator o ft Et Tet..,leol......e"1,11.1tintioricettreigesioy) .1.n t e la riot:a.1.1.y ,fna 1,1„ed tottyasfamitygyinabotfto „tt tit?i.,Fta dyt.)eg.tart_Stit).s e co tol.a n„ and) pf) , the....c orma..i...s S.T on sn,alitie di I 1), .:ci...,.4...s.cip.1„..ir.lar....y: p,r.o c a bilf,E't,s a(I a.i n tt t 1::ha Oh..1:e„f a.)imaiel st.rat..SISt, SECT]:ON . :Art i.ct.1..e 2. 133t Code cD,f: Cr 1„.m...i..ma.1. 1?ro:::E:::::dud:-a, 1.s ainen b ed to re atd as fol Inn 2 LI.33 H. REPORTS REQUIRED 'FOR Mi. oR yE H I 111„LE, [11,1.RA3111.-F11AT-A.NIS 111,1111,144111S11PEASISNO '2)I'0 P S... Hi „I,ri. this .)).)rric 1.1„.e, .),Tr ads. [4,471----"1,1ketes] or: st,hn.„)..ti.i t.y" has the meant...7:1.g a ss 1.gn ed by 111ri„i.cfl„.a 2.:).32 1+2+---"Sknqtsdsee4eai-ewae-&te)p111-sstetski„ -a.nts-itstte(fa,e,tfi,eftt-betrweetoga tekesoesseaftet--aasaiswiticy:Ssitsal-whes--41,9-abe),SmAls stietsa-ifte,e1,-,,,,,,,,,i4E"±iie tala-fapia-se-a:a4P-aaaae4a:ai+Ht.;6-4'firietir'.4E-4:-cj'at-4-eir-i----4:-Fir---s,f)aet.-e1a--a„-ibes,4sa4i,wiatltaa-ls---(Ds--sfsats. lender an„f,wet:s e c,f I I who s sole S a mc)r.or 1,..reh.l.ctle f o.1: an a li„(mg e d i.0E. 1.0 f a 1..aw o r o rd 1 n an c a. ritsagtia(battitistsys(artatfitet--aste,,AtbesceAstmpasts-as pteitle.,,stini,-ant.ittetteafty--saspeetteetiatitifenste 1 s h a 1.1t .1).op)1):t t,s tilt: 1 an en.for a earii,?n t„). in nc)y t.11 t: Amp 1..s h-i t he o f,11„i c e I Ni f a tans t„.1..o r). .1),e I.. it 1114 t„e t hi. s tap„ 1.n c.11,1.(11„..ng• (1) a plays 1 c al des c r.-i..y..)ti..0 ti o f anj [e.seat J an lc>m oper a„t„.i.titt tine mo to r Vete 1 cOL a who In de,t a i.n od a S a r esul ti of the stop:. 1.n.c le di,n g: (A) rha ergola's ganders end. (B) the parson's risco. 01 ethmdcitya as stated'. bl the: paamboa ora if the pe1son does 11ot state: the persob3s math or. it y, as de t nil)ined by t":11.e off.T c e r) tt a t h..Ei 'be S t (...)f 'the officer's (2) 'tin a i itt..t"1 a.l. it e a s iiii. for t h.e s ti(fp itisa4144"eatitat*sam) etadti)nafiee-aa4eleidstoehtaatetsbeaneifitaIetedse;ea-t;eneeieuspeetadsettensel )) (3) whether. the. officer conducted a search.. as a result of title stop and, lf so, whether' the person detained. consented to the serch," (4) whether any contraband or of her: evidence was discovered in. the course ot the. search and apripspityptipp HNateseiNffied 0 f pine eon t r ab anti stymy I.dep e a [iitissatim.veined 1 ; n fcsr) tifdystpa rettlinryinclptailipp: wile inn.a rif tint r at the r ey iden:ce wa s 1..n view; ..........,„___ T11110arTy probable cause or reasonable:suspicion. existed. to perform this search; or (C) the search, was performed es e reanit ot the towful of the: meter' vehicle or: the: arrest of uriyyperson in. the motor II hicle ia44m-NeArramie1s44Keitrmetteeinsuppiattetsiteletileassenotesetetesiistesseft-MheM) yits:Obilb,-.17e-e-EirEiiie I ; (6) whether :t.h.e o f tit.der ma d e ''1.1t am r e S it as a result 0 f) title )))).t,op or. t he. seernh., :inc1..u dj.n if :a. LI t.a.t erne r:).t. o f wh fier II e was biased. or; a. st.1.2:let...1..cin. i"„).f tic Peri al. Code, a. vial at ion o.f a t:ea.ft 11.1,„ r or d fleet. o e, o.r an out sn ending war r a nt. El.rid. a, a t)a.t Eqien.t. is f the sit f en se (sham:Ted; ( t) t he st.r e et...1 a.aiiir ass or amp fox.1.9)a.It e 1'3:c a tit sin 0 i t Ilt . stop; and. (8) wit e it ft et.r. the :c.)f ft c e r 1...S S It 0 ni a. witilipati war :1 r).g 'J,',D....r: a. t.a.ti.on as. a nese.1...t of the St op pit siieeelie+4iteeerefjkeeEtee.-Pee.'e)'l4P-64---441e wittemisegreviseassetateliterstesssfesteMatinvesettataistentreiteirmtetli .. SECT I Oft . Art 1.."3.1..e .2.1.3:11, Corte of Er.1..m.1.,ri a.1 Prom a ditr e, it s amended by. amending Sebeactions (a1 throurpa (e) and adding S ub sec ti on. )g1 to read. as if cid. "a) I it 1:h.1...s ar t lc 1 ) "Mot..o.r. esh.19 1...ereinfLpsimiessittelsatil st op)" "nee:pinta apse:gr.!).a d. by .Ast t.i,c 1 e 2."1.32 (a) imeanatitainerisetiertiettematbettweett Etef:ef7"teeli4...e.--eE.'(f(f("((i:-(ee(r(--eark(leeeneeeiati.ieFifi(aa(lee;eiee-ei(a(eia(e(i(n:1-eiete(4(fiefie-ef:eae-eleiFte fsa)rsftmwee-etgeasieekrtsitriaf)"Te1;mvetntef)t)Jatsaem-sitn-Wh-ieh-e'ek±Ee-kffd.4eiei.7ree-eeee-eeeee etiVrieert----a(3evee-at I "Ri».ce or :e thnic.i t y" lie s tine me a n i in nt asSigne(1 le y Art.i..c.1.e (b) A. law enforcement. agency shell compile.: and. enaeytte the .1:.nit 0 rma It ion c on t a..i.hie cl i,n each. 1),tepor t rent e i.V ed iity the agents y Ian de itt 33:„ Not 1 a her th.a n. Ma...rcin. 1 o.f e a.ch. year), 0 a.c h. L ilaisteagt) New en for esti:est a.g e n. y. shall subrid...t, a r epor t. c arit al.n l.ng the 1..n e iderit:0 Pas e::)1 da t.a. i.1aftf4nefitittitinise4t1 c ompi.:1..en der.initt Site preVie U.S c al end r yea..rt t o tine: Co:mini s s i..on on Liaw E n f 0 r:c entent 0 ft 13 it aiit1ar ds. and) E d:u c a It i...on. a.n.di, it tie 1.a w pit for in sin ent age in c ytt i..s as a 1 1„.a w e.n.f a.r(")e.rn en t. E19.en c p, t o 1111.a gove rutin 9 113.0"),:iy t).11 e a ch °saint y o.r Inuit i.:.C..ip,):i 1 i t y served by' tine ti gene..y. Pastn-a--Hiifal+PfieIF----appiFeiPefi---tl'-tit'e sitiliaistayl . lc) A report. required.. under Subsection. (b) must be submitted dy_tneendef administrator of tne: lam enforcement a9eney, r isg.ard.l.ctss: o ft :wile the r the a cirrii...Ili..i.)tr a.t or .1..s e.1..e c t ed„ artifil h ye d or appritisMd*yand must include: (1) a. c onto)317a tit...ye: len.a..1..ye d:F:5. 0.f..i' t he :1.u.:ft a ode t..1..or; riorne.1,.:led. under:. Aiditicie 2, 133, to: '11) evaluate: and. compete: the number. of motor veieleistobsDpwithin thb applicabledgerisdictiob, of _personobwho efebbirebeenize/. az racial or ethnic mdnoriffes and pnassindawhebere nnt recognized. as radial. or ettnicymtworities 117.4,e4Pee:Tine.re--44),44,4 pinveleneenetwirse,eaflepinefieeSiApebyepeenierafficeinseemplessoesisnmyiistaan agefteyi ; and. N37 examine the disposition of motor. vehicle Desiat4ie-end spedentbiTeel steda made. by officers employed. by the agencyy palftiorizegaccorgiii2 Io, thn race. onxithmiclpy of the affepted persons, sn. appropriate, including why searches resulting from. Tithe) srops wisthlb ghn applicsiblejurisqlotaphe and (2) infermaraoa relating to each complaint filed with the apedcy alleging fent a pnace officer. employed by ti e. agnery has ehgaded iri racial profilinqi kI A. report inquired. annex Subsection. Nin, may not include identifying. information about a pnace officer whd makes a. tibtrait: yep:kcj,,,,,?: itrisifTfeendio-pedent.siesni stop or about an individual who stopped. or arrested by. a peace. officera This. subsection. does not aI fect. I repotting' of ......infornetidn require/. under.' Article 12h) (1) . I. The. Commissism. on.. Law. Entorcemnnt Officer Standards aed. Edheatfon, In accordshen. with Section 1701. 162, Occupations Codb, shall. develop, guidelines for compiling and reporting information as regnired by rhas article. itplablitri a finding by the Commission on /ism Enforcement friffient Standards and Education the the chief seinahlarreror of a iawibbfbi.baMbPtsalirbYib,b„PT.M.abuaIIYifaStl)fi..as submit a' baPsrt fsdniro/DdhentEubseciion (b) , thn commission. shell begin. dieclplanarydprociedures against the chief. administrator. SECTION' . Article. 2. 135, Code of Criminal Preroduiny is Eau_ smendnd to. read. as follows: Art. 2.125. ..1.?:,..1-T7J!,,,,J EXEMPTION' FOR. AGENCIEZ USING VIDEO' AND, AUDIO EQUIPMENT. Te) A. peace officer is exempt from the reporting reguiremsni gar Article, 2.133 and the chief administrator of a. law enfOrcennnt adencpyypsigefbless bfawhibther the. administrator is elected, eploynd, or appointedr is exempt from. the compilation, analysis, and reporting requirements under Article. 2.134 if: ifi aiding the calendar yes" preceding ths Mete that a roperr. under Article 2 .134 is regnared to. be. submittedi (A) each. law enforcement motor. vehicle regularly. ti.s e,ci b y a T.i. o f f.1 c):e r lamp.1...el y le.,d in y t Ile a.a:Jon:T..).y t.o ins k T.i. .mr),I:d r vieri.i...c.1..e .tifeeilatainioati,ei-pi&-Adefit-.174:fill S t OPS i...s e girt p p a d. w I.lib. 'Yr Ci.Ea ,,, Cagle.r a an d. t ran smi.T.teria et 1 vet ed e gu.I.igitrTint a..h.d a s.eh 1.,all en f o triersenti III .t.):o r.c yd..1.o r e gni...a.r.).1...y used to ins ire ii .t a r Y ri h I.cl e i beesfiffiees emend pedestablian) stops .i.s e du:1.dt-incl. wi.r.A Li ail smi...t ter a'a c ti...v a.f el,T1 e'qui i...pment e a.ri h III I,or fell;I.ril e T erselefates,---aiseletsedeetinierit (I cp ri.e.d.ET b y Gars o 1.:.'".f:1 e e r drip 1../yeti by th e: a g Ts 11 c y t.h a I: 1..s oaf)alp..1 e o it be ing Id.r Tr rd.e ci tiy: vi.do o a.m.d al...1 d.j...0 0 r a:tide...TT e,').4)...iiiiim.erre, a s add:rider.i.ia t.e,#, J..s ..r-e co:fried by 11 Si.rig I.h.e o/if.i..dmen.f. II the go vii»,eta I rig 'bo hi.y. o f tile C Dun ry o TT. mun)i..c 1pa T I:y serve/. by rhe law enforcement. adency, in conjunction with the law enforcemsnt aneney, certifies to this Department of Public! Defetys not later thwt. the dare specified by rule by thn department, that Ill law enforcement adoncy heads funds or videc and audio, equadmett for- the purpose of installind video and, audio equipment as described. by Subsection. reiTii (A) end the agency does not receive from the state funds en In she audio equipment sufficient, as ddt e rmined by that( dep a.rtm en.t, for the a eh hp y to aHariompi i sT. t het JUL pcs e 02)) Ex cep t as of he rw is o p reyi dead by t hA s s nibs ocei oti, a. lam en fo redhe!nt a(..(1 •he y 12hnt i s e(„)ciamp t iron the. regla i rdmi,nts un.dol r Amid ci e 2. 4 shrill retain the. video anti. a ud i o. oh. a u di o dcicumien t sti oin. of s och. mot o r ye hic le ftitti.-&-...12-faeasseadflarp,tesitematiis,,,i(o(n.,1 s trip for: at: leas t. 90 days at t e r. thh, datis o f H . stop. it a ceimp 1 aa nt is ft led with the low enforcement ad enc y allotting that a. pea ce, o ft i o err. emp 1 oya)d. by t hri a n alloy has engtig)nd in rani aU. proft 1 d ng lai t h re speet to., a no t or vi(and(all e Dtrarfafelegaio(elmi4(kihetgagiatell s tom,„ the agjency sh al 1 re t al n f ha? in de,rg and. hugan o r into b r e co rd of the s tgip 'un t i 1 fdrihi di spositi oh. ot) the cill pl an nt- (cl Thi s a rticl e does. not nt fact the cg),1 1 oht ion or. reporting I e qui r e pe a t 8 unde r. AL I. e 1 e, 2.1.N.2 (dd in •tilt.s orti cl e, "not or Yoh tele st op.)." is at; filo) me an i lig a.is a ls,In d haf P,„it l cite 2.1 212, SECT I ON . . Side mt on S., On,d e of C.r ini he 1 P rersi,erituire, i s a in en bits4 bg( add i h d A,Tt icle 2. 1385 to read. aa follows' 1385. CIVIL PDEALdsf. (s) If the chief a dm i n is t a t or of a liraal law e hf or cla men t agj(en cy in ben t(i°mai:illy f silts. t o submi t tie inci dont a h as ed. gri t a as aired by Art iota: 2.134, t hie a g e ndy i s 1 iiibl e re). .titg()) s ta t as fir a 37)i veil pomalty.............in yt he. _amount o f $1, 000 for e ach viol at i onn......Thi at to nn e ymd ether al may: as u e 0...nottocill eiD t a c l v hi.......14.gualitinn.dessitehitisisulieoCtipTL,„ (b) From. mdney h(pbrelpr i at eil. t c, t he:: ac!en.cils for torE,) admilrjLstrhalofdrn_ef_tthdygq,atrjcy, Ithe a ech hi veh.....ine ct dinmiif,..,em at a toe( I am. en f of cenRht a.((.jtaurgy that :I.ht en Isionh 1 ly fails to sutimi t the inci de)ut.6 bri s ed datia or' r ecin i r ed. h)y Ate isle )2.1'II sh all if end t tr) the: collEt ig11 eh the and mut o it $1, 0 0 0 Lo r ea ch vidl at i in. (cl Memel co I 1 ec t ed Lindh)r this a...riti pi e shad.1 be lop s i t e)(4, in the state treasney to the credit o f the gad(o)r fil revenue) f mad- S E Cir I ON . S ubchapt e r. 11/4, Cl»a ph e li 1 IF, Code ot C riimina P flirt e da re, is andnded by addl.ng Ar ti el e 1 0 2.0 2(2 to road as Ed Lbm,mto Air t. 1 0 2.0 2'.2. C 08 TS ON CONVICT I ON TO FUND S TA.TE W.1 DE RE P1DS I TORY Nii)R DiAli(A. RI tot T O. CI(VI L JU Di T I CE. (a) In, th is ax tiel et, 'Imo v i n(4 yi oh.et its n" dee ans an. o If n or a tl»ta t (1) tiny°fvez the crow rg th.pc o f a. mo tor vend.ph ed and (2) i classified. as a denims:to violet ion h(.y. the Do:2ra r tmtant o h Pub 1)i coSe(di e ty nildie h S o chi o n. 7 0 6. 0 5 2, T remade r heti on Ca)deu (bi A. de f(eh:dant:. g onv i()tit)d of a moving. vl o 1 at i on. in a j ust i c e ch)mit, county depth,...egoeint y contd. at. .liaw, on muni ch.bal cc ur t s hal 1. pay)._a fee of 10 c ent a as a des t o f c pa r t. (el In. t hi s n r ta. la.,„ sop ohti(imin i: in s i de)red con v i c ta(()d i f: (1) a. sentence is irrtEo e g on t he Iue reigns (2) the per sc ri receives comncil i tyt sup:amyl al on, including deterred agj ot4i g a tioh; or di) the co un t de f ex.s f ina 1 gi a tmosii t i on o f thagEtir s o10 a edra e di) The clerks of the respective courts of a 1 1 col I set the costs de,s c r ilintl. ;by this. ant it , c 1 au lb e s I err k s ha 11 Fr(214. s ciI»son,(il re cords. of the fionds (still)e stied as costs untie.r this ar th cle anl. s hri 1.1 depd al t. the f in in the co rut o r mlin i b tpal Fri)a s uryi. a.s '''!!.,211T'.7).2 .'1q!,'...2,„:.„ (e) Th e cu.r$t odd an of. a. c ouni.i.y. or nurnia7 ips 1 th eta s oil shall )...lke op ru cot da_sotottie spcumtts..c.f.y.f pads_oh(t_delp s i 1,-.;... c i...)11 R ct.ed und e,r t h.i r.' a rt...,i,..c 1.e a n d. _.:.' :: ....=_===:::::::::::_::::.::::: ::::::_ (21) send I o. the comptroller.. before the last. gsysof the, first. month following each caleidesquarter the funds collected. ungss this article during the pracedingiguarter. (fi A. county. or municipality may retain.. 1111 pomcemt ol the funds collected andet this article by an offices of' the county or- munlcipaltty as a. collection. fee it' the: custodian et: the. county. or( municipaI. fressumy complies:, with Sulisecelen Gs) . (9) ES no rUnds due an: costs under Shin article ate gepositedi in a. county or municipal fressury6in a. HLLL . the custodian et the treasury sha1l. file, the report required for the quartet rn the regalsc manner and must state thst no, funds were' obilectaCM igasised.tim dd The comptroller shall deposit: II e rands received under Shis article to the credit of the, Civil Justice Data. Rposli:Mohy fun d. in:the... general revenue! fund, to be used, only. ny the Commdesibo. on Law_Enforcement Offices Standards and Edoc7ifasi. tm implesmaant, dutice.5 under Sectiphaillgpi162, Occupations Cbged (1) FUnds collected under this article are sabledt to audit:. byyt1eademEIrc0idett SECTION' yyma (4.(0 Section. 102,061, Government Code, as reenacted and. amended by Chapter 921 (EAR. 1LN7) , Acts of the 00th. Legislature, Regular Session, 2007, is amengud To. conform. I the amendments made to Section 102.061, Gemornment Code by Shaptem 1053 CHAB. (1151l , Acts of the 80th Legislature, Regular Session, 2007, ond. is furtham amended to send as follows; Sec. 102.061, ADDITIONAL COUPE'. rnsTs ON CONVICTION IN STATUTORY COUNTY COURSES CODE OF CRIMINAL PROCEDURE. the, clerk. of' a. statuSi ry aounty court shall collect. fees: and (roots uncle' the' Code of Criminel Procsdnre on conviction of' a. defamdant as fedlows9 (la n 40(ry fee Uledm 102.004, Code, of CtIminal Procodute5 . . . $20,7:. (Illl a. fev. for. services of the. clash. of: the court (Art, 102,005, Soda of Criminal. 2tbeeduted (0) a records management and proservstioh. serv1ces fee (Att. 102.005, Emde of Criminal. Procedure) . . (4) a seedmity fee on a mtsgemeancm cdtenne ittiML 102.017, Cede of Criminal Eroded6(re) (jusdsoile delinquency prevention an1. gssffiti emadlostion fee (Att. 102.0171, Code of ettninal Procedure') . . . $50 11(l'l-41 ( Ismnnii (d4) a juvenile case memager fee (741(11. 102.0174, Code of Criminal Procedural . . . not to exceed $59.: and: (7) a cmvil. justice' fee (1(agh: 102.022, Code: of Criminal Pfecoguse0 . . i $0.10. (Id Section. 102. 061, Government Cbdey as amended by Chapter 1053 (N.B. 2150) , Acts of the" I . Legislature, Rogulam Session, 2007, is reposledh Section. 102.061, Govesnmont Code, as reenacted. and amended I Chaptem 921 (HUB. 3167) , Acts di' the 80th Legislature, Regular SeszIon, 2007, to reorganize and, fenutber that sootiom, continuos in. effect, is. further amendod by: this. section_ SECTION 6yys.... (al Section. 102.081, Government Code, as sm( ndod by Chapter--621 (14.15. 3167) , Acts of. the, 80t1 ature, Regular Sesston, 2007, is: amended to. confOrm to the. amendments msde In o Section. 102.081, Ebvernmont Code, 1 Chapter 11/53 (111.630 2151) , Acts ot the 80t1 Legislature, Regular. Sensgor, 2007, and. is further amended td read as follows: Sec- 102.081. ADDITIONAL COURT COEIE ON CONVICTION IN COUNTY OCIIPAS CODE OF CRIMINAL PROCEDURE. Ens, clerk of a. codmty court. shall collect fees! as,d costs undor the, CPAs at. Crimanal Eroded:0It on ccnviciti.hri at a efSDAant as follows: (1) a. jury fee (Art. 102.004, Cade, of criminal Proce(1nred (2) a .fies for. clerl,. of the court. servicsi,s, (Act. 102.005, Cods or Crimical. Procedure) (3) a records mhdagemenh add. pthservaCion services fee (Inns 102.005, OodIS of Crimisal Procedursd (4) a security. fee an a. misdsmeadcr offense. (Art. 102.017. Scde,, of Criminal Proceddire) Isyciajld! delingnsmuyepreyedtton and graffiti eradication. fee! (Art- 102 .0171, Cods, of Crlminal Prochddred . . . $50 f$ 1 , tendl (E) a juvenile. case, nsiniapst fee (Art. 1102.0174u Odds, of' Crimanda Etched:L:1(h) . . . nat. to excpsd. $5 (2and (4) A blvii1 justhcs fps! (Artb 102 027 „ code, nt Criminal Pracedurel . . . 80,10. (b) Section. 102 .061, Govstriment Cesisp as a:meshed. by. Chapter 1003 (TICS- 2151) , Acts, ot the 80th. Aspielathtmd Rg:flat Sedisdsm . 2007, is rephaled- Sect-lion 102.081, Goyernncht, Coded as snsndhd Isy. Chspter 921 (E2.(3. 3167) , Asts ot ths 80t1, lisisIsCuted Asgular Esse:tong 2099, to reorganize and fcrinnecif that. sectioch sant:Thiess effect as further dissnASA ley this section. SECTION . Section. 102.101, Governnsut.. Cone, is amendsa to real. as follows: Sec. 102.101 . ADDITIONAL CE4,19,1 SIETE ON CONVICIION IN JUSTICE COMATt CODE OT'' CRIMINAL DROCEIKE411. A. clerk sof a justice court. shull. collect fees and costs under the' Cade of Criminal Arocedars on ccnviction. of a. dstesdadt. as follows: tid a. jury fee (Art. 102.004, Code! ot Ortmanst Procedure) . . . $37 (119, a. hes. for withdrawing request for jury less than 24 hours before tine of trial. (Act. 102.094, Cods. of Ctinindl Pfccedsts) . . . (33 a jury fee for. two, or more dhfhliddifts tried jointly. (Axt. 102.0044 Cads. of Crtiftsst Procedure) . . . to jury flee of' $3; (4) a. security (III, on '1 misdemeanor offense (Art. 102.017, Cade of Criminsl Proceddlied . . . $4; (15) a fee. for technology fund on it misaismsenor offense, (Art. 102.0173, Code of. Criminal Procedure) . . . $.4; (64 a. juvenile csse msdsgser fee (Att. 102.0174, Code of Sfinanal Drochrh,ms0 . . . roil to exceed $54 (7) a. fee. on convictish of certain offenses involving issuing' or passing a. sabseqmettly dishodored. aback. (Art. 102.0971, Code of Crtnicsa Procedure') . . . nst to hadeed $30; rand] (8) a ccdtt. cost on conviction. of a. Cldsc C mieritinhunct in as county with a. bopnlatdon. of 3.3 million or. morch if authorized. I'y this, cahmty commnadnichhns obart (Art. 102.009, Odds, of Crimirs1 1 roshaufs4 . . . not to exceed $7; and. (9) a. clvii. iustice fee Okrim, 102.022', COTle at Ccimidal Ancesdare) SECTION Sectioh, 102. 121, Govsrnment Code, is ant it to read as follows: Sec, 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNUCIPAL COURT': 707E 1F CRIMINAL PROCEATIFUE 7he clerk, ot a municipal court shail. collect fees and costs on conviction. of u defendapt az follows: (1), a jury fee (Art. 102.004, Code of Criminal. Procedure) . . . $34 (2) a fee for withdrawing request for jury less than. 24 hours before time of trial. (Att. )02.004, Code of Criminal Procedural (3) a jury fee for. twb of afore ddfendants tried. jointly 102.004, Code of Crimlhwl Procedprea . . . one jury fee of $3; (4) a security. fee on a misgemeancer offense (Art. 102.01dd Codd of Criminal Procedure) 1 (5d a fee for tebnnbldgy fund. on. a. misdemeanor offense (Ant- 10,2. 0172, Code ot Criminal Procedure) . . . not to exceed $4; (anal] (6) a juvenile case manager fee (Art. 102.0174, H. of. Criminal Procedbred . . . not... tb exceed. $54(y1ud (7) a civiimsluatida fee. (AD ) 102.0212P Code of Criminal Prodadurel SECTION. . Subchapter by Chapter 1701, Occupations Code, is amended.. by adding Section 1701.164 td read as follows: Seas 1701.164. COILEATTION OF CERTAIN INCIDENT-BASED. DATA. SUBMITTED BY LAW ENFORCEMENT AGENCIES- The coanission shall collect and maintain.. inuddeht rbasedodata submitteil. to. the. commission. under Adticie 2.1)34, Code et Criminal. Procedure, including incident Abased. data cbmplled by a law enforcement. agency Urn. reports received. by the. law enforcedmmt aqdhoy under Article 2.133 of that. code. The commission in. consultation with the Departrept of Public Safety, the. Bill Blackwood. Law Fnfercement Menagement institute of. Taxas, the. W. W. Catuth, Jr . , Polinb Institute at Dallas, and. the Texas Police. Chiefs Association. sonar develop guidelines for submitting in a. tandard format rine report.. containing,, incident-Dabed. deta as required py Article. 2. 134, Cada of Criminal Procedure. SECTION' _pod. it (aa . Section 1701 .501, Occupations Code, is amemded to rend. as follows: (a) Except as provided by Enfsection. (d) , the comddssion. shall rayoke or suspend. a licenee place on. probation. a person wtbse license has hadb. sumpendand or reprimand a license Her for a. violstiou. ban (1) this haptsd4) f2) the raportibp. requiremeuts_provigon. by Articres 2.132 and. 2.134, Code of CriminalSdPPedure4 or ydik as cominission. rule_ SECTION . (a) Ted requirdmants of AmMiclan 2.132, 2.133, and.. 2).134, Code of. Criminal Frobedurep as amended by this Act, negating to the compilation, enwlysis, and. submiashan of incident-based. data apply. only. to information. easei. on. a. motor. VI hicle stop debarring on.. or after January. 1, 2010. fhb Thd imposition of a cost of court unbar Article 102i022, Code. of Criminal Procedure, as added. by. this Act, applies only. to an it conmdtted. on. or (after II n effective) dare of this Act. Am, offebse committed. before the, effective date of this Act is coynred by the law' in affect wi en. I offense was committed, and. the' :former law is continued in effect for that. purpose. For purposez of. this section, an otaenbe was chddrirted before the effective date, of this Act if. why element. of thd offense occurred. defbme that. Jul lino it e " " 1 I i .' III "" • II :0 .003Ntt, , 0 ,0 •' 0,30 00,00,04000, WY1.,..I E PO 10,1C E DE P'A!UM EN I 0 'h• 4,•,..0000 ,011 ',040000000'",,•:,0 PO I..,I C N01 0 h 01. 1 Si.jDJEC71"": .Racial .Profiling 81,78111E1I.: 614 d: dd..„.......„„,„...„.„„....„.,...............................................„...„..„„„„„.„„..,...„,.,„„„..„„„,,..........„.„„.„„„„........ ..."::::" . . l• d ;11 EFFEC.7"Ell'VE DATE:.lansinr I,2010: ! RE totTED STANITARDS: Current policy remains in piTect until 3onuars Ed 2010 d .... .............„.....„„„„...„...„.........,.........„..,„,...,„"...,..,„„.,............:„......„„..,_:„.„.„„„„.......,„.....„.,.,.....,....„.„„„...„„„.„„.„.........,.....,:„_...,.....„.,„..1,1 •I R[7871E831 DAT E: .1a n 0 a ry i 3.2018 ' /S,PI7ROV El): 7.-7—•..•• •• •..... ': ..'d.dldd„,:„..d.•/d8e----.,.„„,,,,...• ' chief Ant..,ony IL illenderson DATED: 01/13/2017 77-77""11;177,77777= ' Pt i 141„)SE I putase: oil flu s policy is, to reaffirm the Wylie! Ifolice Elteparrineres commitment to wibilitsed policing in all its encounters between officers and any person: to mn direS that service to ()mitre public confidence and rat trust through the provision of services in iti fair and equitable lashiont and to pnitcct out officers from urNWartrainied accus,atirtns ofi misconduct is they act within the dictates of Papam nittent. policy and the law.„ IL P()1...1C1r ,.. .h. i s the policy of this department to police in a proactive manner and, to aggresinvely inve,stigate suspected violations of Pic lave. Officers shall actively (Radice state triad l „ federaHa.)Ys in a .responsible and professional trtatter. withina regafil to race et.hnicity or national mnt in larticeis „arc s tr led), .prith nil'ted from fa:IR:taping M 'mega ;Roll]ling as defined iti this pokey. This policy shall be applicable trt all persons whether dp„vers.„ passengers or pedestrians. OfficcTS shall conduct themselves in a digni.fied ,and respect id manner at all times is hen defiling with the public.. "'wit of the .11.mdamental rights guaranteed lty both the United States and 'Tams Constitutittins are equal prcaection under the law and fireediqn Its unreasonable searches fang seizures by government agents.. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must Inc respected, Racial profiling is an unacceptable patrol tactic and will not be condoned. This pcilicv .shall not preclude officers frortn ()tiering assistance, such as Lir,ion observing a , t 1 , substance leakrultit from rk \,..'ehicie, a flat time or someone '%A.';'h 0 'aPrke a r S to be ill„ Is tirt mu contlised. Nor does „this oulicy prohibit ltipping someone sliSpected of a crlinc based ups n. observed actions andeor Mtbrmation .iceetved about the person. . . III DE IONSFINTI • hl Racial Profiling: a law enforcement initiated action based on an„ individuat's rage,. ethnicity, or national o,ritat it rather than on the individuafis behavior or on information klenti fteing the individu.al as havi rig ertgaged in cri in i na I acti vi is, R ac i al profi I i ng . .„ . „ 1 t RI itc i al Pro Id i ng - Pitge 2 of pertains to periAnis \vhi) ,itre ‘iicwed. as .stispects or potential susixtts (rf criminal behavior. he tern is ni:rt, relevant as it pertains to '‘vitriesses„ complaints or other citizen corita.cts.. The protmbitiOrt against racial profiling does not preclude the use of race, ethnicat.y or national origrrn as ',factors in a detention decision when used as pan of an actual description of a !specific suspect for whom an officer is searching.. lletaining an indrvidual and condirett,itg, an inquiry rnto that 'person's, activities simply beeatise of that. individual's, IiiC., ethnicity or 'national origins is racial poirtiling„ Exarriples of racial profiling include but are not hunted to the ficilliinving„ * ( ting a driver livho is speeding in ia stream of hat tic where most other drivers are spec dme Liicealisc of the cited dli'VCF's race.„ ethnicity or nia.tiona.1 origin.. Detaining the driver rif a vehicle based on the deterimination that a perstim of that race, ethnicity or national origtin is unlikely to oven or possess that 'specific make or model of vehicle_ • )etainirig an individual based upon the, determination that a person of that race, ethnicitNi i)r national origin does not bek)ng, in a specific pan of town or a specific place. la,.\.!ii enforcement agency' can derive two principles from the adoption of this definition of racial profiling; . Pollee niay not use ra.cial or ethnic stereetyrtes as factors in selecting "vVhorn 1i.it stop arid search, while police tray use race in conjunction with other known factors 4",if the suspect., . 1.....„a\v en fintement officers may not use racial or ethnic stereotypes as faenws mu selecting whom to stop and search l'iacial profiting is not relevant as it 'pertains to witriesses,, etc, ii"ace or ethnicity: (lt a pa il,ictular descent., i,ne 1 lid i lig Ca ricas iiii n African, flispanie, ,Asian. Native ,Arrterican rir Middle 'fii,astern descent totor vehicle stop: means arm occasion in ‘vhich a peace officer stop a motor vehicle for 1 an alleged violation of a lawi or or nianee. . , lv. TiA"IN.IN.11,..; A, t„,,,lfficers are responsible to adhere to all Texas tommission on Lavv finfii}reernern, (717ti,..:CtLtii.l. training and the 1...,avy Enharcement. .Ntanagerrtent. Institute of 'Texas it...EMI:I) tett LIFFernents as inundated 11:v lavi/.. 1.3, All officers shall ciinriplete a "FC01.,,E. training and education program on racial diling not later than the second arm is of the date the officer is licensed. under(ii"hapier 1701 iy1 the Texa.s Occupations ( ode or the date the officer applies tnr aim Intermediate proficiency certiticate, .whielackier date is earlier; A pet'son I, !,,,,yho on September 1, 2001, held a -Iti...."01,...,.E!!. intertnednate proficiency certificate, or N,yfiiii had field a 1.)eacie officer license issued by "IV01...„„EI for at least two years, shall complete a -101")1,...„Iii. training and c(iticiailon program on racial proliling not later than Septeirrber I 2.t.tti3, -Inc Chief of Police... as part 0.1 the mitial traiuMg, and continued education tin such appointment., ‘sill be required to attend the 11....li.MiT prog,rain on FaCtal ,1 ...„.. , I I,' profiling.. .,', R.a.cial P•rtili ling - Pail,i,e 3 o 1..:5 I).. As individual appointed ,a..s a. police chief heretic the effective date of ths Act shall i complete the program on racial profiling esta.blished under Subsection (i,....i).., Section 9(,...).(0 I Edu,...,',',ation Code„. as added ttiv,' this Act, not later than September l„ 20(l3. liii, (...7(..)741Pla.,,.k.lNT INVLSTICATI )N i\.. The deparitricat shall accept criirinknnts loan any person wilt° believes he or itlite, has been stopped or searched based on racial. ethnic oar notional or or proril mg. ti.. ..,i,ci person shall he discouraged, intiinidated or coerced from fifing a ci,..mttplaint, nor cliser•intinated.against because he or she tiled such a COI"T1 pi ai lit 2'.\n,,,.,. person w•ho recei es an allegation oft racial priyfil•ing„, inchicling the officer. vvho ittitiated t.he stop.„ shall record the .person's, name, address and telephone nittriber, and forward the COrnplaint through the appropriate channels or direct the inclividtial(,sj„ Any emplo•yee contacted shall prov'••ide to •that person inst.rirctiains ern the complaint process and will report any allegation oft racial profiling to their supettior betbre the end (it-si ,. 1...), , h II investrigatam ot a corpplaint shall Ilie conducted in a thorough and ti.MCOIV manner, All complaints. Ny•ill be acknowledged in •vvriting to the initiator who will receivte disposition regarding, said cornt)lairit within a reasonable time period.. The investigation shall he reduced to \vriting and any rie•viev„ver's cornmeritt or conclusions shall he filed vvitli the (...fhlel When applicable,. findings nailed or j,esticms for disc opt nutry action, retaining or changes in polic. ,., shall he ritcd with the Chief. if a. tat nil pr(.)tihng complaint is sustained. atainst an officer, it will result no ., ti•ppropriate corrective. ,and/on .diseiplintiay action, up to and incluctinjr. term illation,. If there is a department v•id.eo or audio recording the events upon .wlich a , 1 1 i complaint of racial profiling is based upon corninericernent of an investigation by• this department into the coniplaint and .‘%.Titten. request by the offit er. rnaiie the subject of the complaint.„ this department shall priAriptly provide a copy of the t•ecording, to that cifficer, . i Vt. I'll11131.....,IC F,D1.4 /iiiT.1()N Fills departrnent. will linfirrin the priblic of its policy .against racial profiling and ithe complaint process, Methods that may he utilized to itiforin the public are the. roe iivs .,. tried a. radio, service or civic presentations, the hiternet, as .vvell as governing board ineetings,„ .Additioniilly, tnformatirm NA.''.0 11 be made available as ippropriate in lariguages other than f".riglish.. VII. I).A.'T A ( 01,.1..,E 11,17 ION A.N D k IF 10 WI I A„ ,A11 officer is required to collect inforniation relating, to motor vehiclie stops in ',ovhirch a citation is issued or an arrest is, tirade as a result of those stops. In the' chation (:)Ificers must include: I . The race or ethnicity of the iridividual detained, as stated by the person or,. '•,..1 ill the person does not state the per S la.CC or.ethnicity,, as determined fry the officer to the liest of the olTicer's abilitv,,,,, . ., The initial reason for the stop, Whether a search was conducted. i Racial Profiling;- Pag;c 4 of ] he reason :for the sear eh„ id riding an probable cause or r:easonable suspicion that existed to perform the search, II a search Was conducted„ tiVtletfler the person detained consented to the search, (..).. Whether contraband or other eNielence was bond in plain view:,. 7. Whether the search was a result :of the to:wing :of the motor v:ehicle or the wrest of airy person in the motor 1,,':etriele„, 8. Ilan arrest occurred,. was the rarest. based on a violation irl the Penal iii„,'ode.„ ] traffic lavv„ ordinance, or outsta.nding 'wart',ant„ Whether the person contactid is a resident in fa:in-resident :of the („'„hry („0::': Wylie, l O. Whether the peace officer knew the race or ethnicity of the iridividttal detained before detaitung the indbiidual, and, 1 I . Whether the peace officer issued a ivritten V+,31.1"1rng or a citation as a result of the stop.. R.. The inforrna.tniri collocted shall he c:omptied in an zinntra1 report covering the period of January I through 1.„„)ecember 3 l of each year, and shall Ix submitted to the governing bodN, rif the City of 1..A.),.'ho no later than March 1 of tile fitticiwirig. :year. -lhe report .%Y:ill include. I„ A breakdown of motor vehicle stops by race or etfinicit.y, . „ 1 umber odf eitatirms that resulted in a search.: 1 1 ......„ . ., Number of searches that were consensual, 4, Number of citations that resulted in custodial arrest for: this cited violation or an,,,,:' other violaOrin, and The number of einriplaints to: the departmerit that iifficcrs were racial rofiling. The annual report shall not include identifying infirrination about an individual stopped: or arrested, and shall not include identili.ting of urinal about any peace officer involved in a stop or arrest. SI 1 I. t rS.E. ()1.." VII).F() AM) Ail.. .1)11(1) EQ1.1.1'MEN't A. tr„,:ach rnottir:vehicle regularly used by: this department to rrrake motor vehicle stops shall he equipped with a video camera and transin.itter-activated equipment. E.1ach motor vehicle stop made by an officer tif this department that ii capable tit- , being recorded by:: y:'idei,,:i and audio, or audio as appropriate, shall be recorded.. •I This department shall retain the video and audio tapes. or digital vider:i and audio r:ecrardrng of each motor vehicle stop for at least ninety i.,f.)0) days after the date of the: stop If a complaint is tiled 'oath :this department alleging that one of our. officers has dig:atied in racial profiling with respect to a motor vehicle stop, this department shall retain the video and audio :tat:vs or dti,?ital video and audio recordings ot'the stop until linal disposition of the complaint.. 17). supervisors ,...vill ensure irillicers of this department are recording their motor vehicle stops. .A. i-ecording id each officer will he reviewed at least once every . , ninety ( )t,ri days, I. :If the equipment used to record aucho arid video (yr a motor .vehicie stop is inallunctioninn or otherwise not operable„ officers will drive a vehicle .!. Racial Profiling- Page 5 i„,)15 with operable equipment Police aint,s with nalfunctonini or inoperabte. mobile vide() ci„tmel-a equipirtent shall not be utilized, under normal circa:111Si alive. Supervisors shall have the authority to assign units with inallunctioning or inoperable mobile video equipment when „situations dictate, „ „ 0 A ressi • A lie • ati ns Informing the Public on the Process of Filing a Racial Profiling Complaint with the Wylie Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint, In an effort to comply with this particular component, the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process The police department made available, in the lobby area and on its web site, information relevant to filing a complaint on a racial profiling violation by a Wylie Police officer, It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling,. +�ws> �' Racial Profiling Training Since 2002, all Wylie Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE)training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Wylie Police Department have completed the TCOLE basic training on racial profiling„ The main outline used to train: the officers of Wylie has been included in this report, it is important to recognize that the Chief of the Wylie Police Department has also met the training requirements, as specified by the 'Texas Racial Profiling Law, in the completion of the LEMFF program on racial profiling. "Fhe satisfactory completion of the racial prolilMg. training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96641)of the Texas Racial Profiling Law, Racial Profiling Course Number 3256 Texas Commission on I w EnforceljL1 September 2001. Racial Profiling 3256 instructors Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subiect matter and applicability of the courses, if this cours is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074: Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications; Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature al,d content of the examination: It must, however, sufficiently demonstrate the mastery of the subject content by the student,, Reference Materials Reference materials are located at the end of the course, An electronic copy of this instructor guide may be downloaded from our web site at http://www,tcleose,state.tx.us, Racial Profiling 3256 to RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEAF-NING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profilini RelAiirements:. Racial profiling CCP 3,05 Racial profiling prohibit:. CCP 2,131 Law enforcement policy on racial profiling CCP 2,132 Reports requir:s for traffic and 07..estnart stops CCP 2 133 Liability CCP 2,136 Racial profiling education for police chiefs Education Code 96 641 Training program Occupations Code 1701,253 Training required for intermediate certificate Occupations Code 1701,402 Definition of''race or ethnicity"for form Transportation Code 543 202 A. Written liepartmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4 Public education 5, Corrective action Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7 Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting - audio/video equipment Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificat;s and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) - see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. VVhren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v, Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisc doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania V. Mimms, 434 U.S. 106, 98 S,Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdAi p 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 3561 735 A.2d 491 (1999) 6. New York v. '•elton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate r-asons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly- the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile - a racially-based sta today can throw suspicion on tomorrows legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds - it is a waste of law enforcement resour -s 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The stu lent will be able to i ilentify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come fro vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" - "Driving While 1-lack" - a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While !rown," "Flying While :lack," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a Ilinor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 1 The uriver and passengers are ordered out of the vehicle 4, The officers visually check all observable parts of the vehicle 5 The officers pri -ed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc,), and intimidate the driver (with the threat of detaining hi /her, obtaining a warrant, eta) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2, Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3, Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6, Driver was over-reckless or over-cautious in driving and responding to signals 7, Use of air fresheners B, Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstan -s in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc,) C Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3, Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D Vehicle interior 1, Rear seat or interior panels have been opened„ there are tools or spare tire, etc, 2, Inconsistent items (anti-theft club with ; rental, unexpected luggage, etc.) 4::..es o qul rc eI s Proactive Field Stops Training Unit— Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Ap.-ndix A.) Web address for legislation '77P-SB1074: h(lt.p /lt(92.,tlq stwafe 1x, usItlor"7 r/'b.!illte t„ I O 1flw 7 tr v I 4 • tS Report on Complaints The following table contains data regarding officers that have been the subject ofa complaint., during the time period of 1/I/1 6--12131/I 6, based on allegations outlining possible violations related to the 'texas Racial Profiling Law. The final disposition of the case is also included. X A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, 'Or having violated, the'texas Racial Profiting Law during the. time period of 1/1/16---- 12/31/16. Complaints Filed fOr Possible Violations of The Texas Racial Profiling Law Com plaint Alleged Violation Disposition of the Case No. IMINISPINIMIPPI41"014POININIV`Mill t6,,,‘4{,alhold,.,alioi 141, taioi ',A \ ) Additional Comments: k ; Tier 1 , (I) Tier 1 ata Motor VehicleRelated Contact Information (1/1/1 6.-12/31/161 1 Race/Eth nicity* (2oittacts 1 Searches , Consettsual l'El', Searches Custody' Search es ' Arrests aPINcOlgigARAPAIIIIRSOIR1111101011q1.10 liff,,110iffrtilitilfi4i;r#4114,1"0111111,111ffilf"ftbil#19411191F1401,4416, I ' 1,41 00040,10404,,p,,,lopt,,,,i,til,iJ1,,o,,Ii1„,iiivot,. ,,,A'tWorria40,1'yit,,;ke, hA,A0Ail),,diqviA 1.,`,Yk!'/,,, d I,,,,,/1,.,")'id/il 060,44104141,,Akka49,!litili)')iitig tial 0 6L44,110)300,1,,,„,10,;,,, ONO ft#1000401000,44N00011 N %, 1 N 'Ye 1 N ''Yo N 1/0 , N kmo,A1(4 ilk 414/OW,lo 01,64,110,; , --1" C a ticasi,an 1 6,398 58 ' 7'03 61 3,38 66 365 58 197' 60 1 A(clean 1 1,695 1 15 189 17 76 15 113 18 47 14....... ilivanic 2329 21 1 218 H8 136 22 Asian 1 222 2 11 1 1 4 .8 7 1 2 .6 Native ' 3 1 .03 , 0 0 0 0 0 0 0 0 American 1.. Middle Eastern 294 3 1 13 1 41 .8 9 1 2 .6 Other 25 , 2 0 (1 0 1 0 0 i 0 , 1 3 11,, iatatasuranitatainhq1111111111111111111111118giiisigtonam ' ' oomvotiotmatisaistassanisinalueutatinUtatems111111111111111Fil,11,711,111,111salAgunaulaiolanamant!,!:!:!:!:!:!:!:!:!:!t,1,1,1,1,1,1,,I,,I,,I,,,?,,i,i,i,',?,',',',',',',',111nrausitutsin1111111111a 11,,tainellitaittaill 11,111,411,11111111,11,11 1111.16% ,,,,,,,,,,,,,a1 „„,,,,,,,,,,,dantiontonlielitilliinsat 01111181111181,11110111,11111801hentaleenewtadh11111111111111111111110,81181111111111Mil Teta 1 10966 1 100 , 1,144 100 514 100 630 ' 100 328 100 "N"represents"number" of traffic-related contact * RtieelEtbnicity is defined lay Senate Bill 10'74 as being of a"particular descent, including Caucasian, African, Ilispanie, Asian Native American or Middle Eastern"' **Figure has been nounded Tier 1 Data (Mtttor Vehice Carltactsfl tercentages) 4o ,2 0 aaz o VI PIP* N/MorVeh 1,de iltarts rs,Ca Luc rr. p n As 1, IN rq atEVe n e rr, i d 111. -11"ier-1, E)ata (Frequency of Searcrles) BOO 71)0 500. 400 °II, 300 200 11111 01/1, 100 IA 11,1 Sea Co event PC h 0can Asvan Na0ve 0,000'than N 11'1/heidl'e Eastern 1111 Other Tier } Data (Arrests )rrii Percentages) 70, j1,11AI,f 1( /0i1101141)1,11)1!"(1;1' /4110,* 1111/11,/I/ D 011j9 )4044111 1 1,100?? j(i ' ((it i):11 Pr//Pp%; ')f (141170141(k, ao ,/ P el#0 111„Noptio Ividt III 10'1 ,)",/,y/r „ we a LA «AfrH, IliDsT arm .4,,,,,daur 001 1,4a1hve ATHP V( 11 «Wm¥ oae, 1,1,"t,, l':her Total Number of Instances where Officers Knew/did not Know Race/Ethniehy of Individuals Before 13einlii Detained ( I./1/16-12/31/16) "fetal•N UM her of Tot .! Number of instances where Officers Instances where Officers Knew Race and Ethnicity Did Not Know the Race of Individuals Before and Ethnicity of Being Detained individuals 'efore Being Detained 32 •10,934 Known Race/Etrhnicrty (Prequenores) 12000 n 1,0000 OA 8 CM kA07;1 6,000 ' 4 0 00 V 44; 6 n9iN vn7, 2 0 00 " V/e 0 Race/Et hn K 0 W ;;;, ot Known Tier I Peril Exemption TCLEOSE Form) Partial Exemption Racial Profiling Reporting (Tier 1 Departm -nt Name Wylie Police Department Agency Number ' 085201 Chief Administrator Name Anthony B. Henderson Reporting Name i Peggy L. Powell Contact Number (972) 429-8041 E-mail Address pe+ggv'.powell wylietexas.gov Certification to Report 2.132 (Tier 1 ) — Partial Exemption Policy Requirements (2.132(b) CCP) 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 complaint process;i (5) require appropriate corrective action to be taken .gainst 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 citation 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; an& (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; 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 C mmission on Law Enforcement Officer Standards and Education; 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. These polices are in effect Chief Administrator Date Partial Exemption Racial Profiling Reporting (Tier 1 ) Vi • eo an . Audio Equipment Exemption Partial Exemption Claimed by (2.135(a) CCP): 7 all cars regularly used for motor vehicle stops are equipped with video camera and transmitter-activated equipment and each motor stop is recorded and the recording of the stop is retained for at least 90 days after the stop. OR 0 In accordance with 2.135(a)(2) the agency has requested and not received funds to install the recording equipment I claim this exemption / /8 ./7 Chief Administrator Date Partial Exemption Racial Profiling Reporting (Tier 1) (This is the TCLEOSE recommended form. The form is not mandatory. The information contained in this form, however, is mandatory. You may use your form, but all information must be provided.) If you claim a partial exemption you must submit a report that contains the following data or use this format to report the data. Instructions: Please rill out all boxes. if zero, use O. 1. Total on lines 4, 11, 14,and 17 Must be equal 2. Total on line 20 Must equal line 15 Number of Motor Vehicle Stops: 1 _ 2419, citation only 2. 328 arrest only 3 13 both Race or Ethnicity: 5373 African 6 36 Asian 7 1516 Caucasian 8, ,sps Hispanic 9 50 Middle 12-astern 10, 0 Native American I 2780, Total Race or Ethnicity Known Prior to Stop? 12, ,32 Yes 13„ 2.748 No 14 2780 Total Search Conducted: 15. I144 Yes 16, 1616 No 17. 2780 Total Wt Search. Co1:sented? tt ,541 C S 19, 603 •No 20, 1144 Total Most Equal # 15 • tion to su . mit required data by utilizing agency re, o You must submit your report in PDF format Electronic Submission of data required by 2132(4)(6) CCP (6) require collection of information relating to motor vehicle stops in which a citation is issues and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; ) 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; and This report meets the above requirements Chief Administrator Date Send entire documents electronically to this vvebsite .tcleos:.state.tx.us Tie r Baseline Comparison (Fair Roads Standard) ill) Motor Vehicle-Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households in DIN/that have vehicle access (inperc(ntae ), (1/ /16--12/31/1 ) Race/Ethnicity* j Contacts Households with vehicle ., (in acrcenti,lesi, access 'in percentages) iiiiii . lu .tw ,AA .m1A,,IdLo,,,,i,,`'+16 ' isehin,4,_,„,is ),iiiidiu, ' illittl0111191911111144111111,11 Caucasian 1 58 60 African 15 14 Hispanic 21 19 Asian 2 5 r Native American .03 N/A Middle Eastern 3 N/A ...._ . r"" Other .2 N/A. Total 100 98** * Ra,eelEthnicity are defined by Senate Bill it074 as being of a"particular descent, including Caucasian, African Hispanic, Asian Native American and Middle Eastern- , **Represents rounded figure 1 otor Vehicle Contacts and House hods (Per-centa ge s) 201..6 70 40 ' fr2E2 .30 ' /21 20 E , 2 2201 , gg r/gg gg, 0 i, g;1; A 022°E i r 024 MS ggx OM c a ocasign Af.Ocan 11:::EsparHEE AEI.En Nabve l'ElIdcik!Eastern 00' Ekr. AnierIcan II Ek:000:3E1s , I:10 USE'h 0 kl!S Tier 1 Data (Fifteen-Year Co parative Analysis) — ) (iU Fifteen-Yeai-'tier 1 Data Comparison Comparison of Fifteen-Year Traffic and Motor Vehicle-Related Contact information (1/1/02--12131/11i RaectEthnicity* 'Traffic-Related ,Contacts (in percentages) UII11,111„1„,1,11!„ (02) ( ,13) ' („04) 1 ((l5) (06) (07) ( M) I , „ Caucasian 80 '74 75 ' 76 79 71 '71 7 African 3 4 6 ' 8 9 10 11 11 Hispanic 16 21 ' 18 15 11 16 14 13 Asian 1 .47 1 1 1 1 2 2 2 Native „06 0 0 it 0 „01 „05 .05 ittnerican I Other .30 0 .24 ..06 0 8 1 I 2 Total 100 100 100** 100 100 100** 100 100* * RaceflAhnicity is defined by'texas Senate Rill 107,4 as being of a "particular descent, incitiding Caucasian, .African, tits-panic, Asian, or Native American-, ** Figure has been rounded., Comparison of Fifteen-Year Traffic and Motor Vehicle-Related Contact information (1/1/02-12/31/16) Race/Ethnicity* Motor Vehicle-Related Contacts (in percentages) ----- — (10) (III)r '112 ) (I 3) (14) (15) (16) Caucasian 72 611 67 65 -1". 64 58 58 1 African II I 3 14 14 15 16 .15 1 I lisp„Int e 13 14 15 15 17' 20 1 2 1 Asian 1 ".„, 1 „, 2 5 2 - ,,,,„ ,,,„ Native American .0 I ,0'7 05 ,07 0 02 ,03 Middle Eastern 1 1 1 1 3 2 3 3 - Other 5 1 I ,2 ,09 09 1 2 IIIMISIMPPIPPIPPNIVOL141114011rIlifigIttrtr911,114114101,P11WRegtett” Total 100** I 00 100 100 100 1011 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being era"particular descent,including Gait castan, African, Hispanic, Asian, Native Amenean and Middle Eastern", ** Figure has been rounded '12Ett 1, Co•ntacts in Per'cent.ages (2002--2016) ,.2 /0 20 I ,, iil, Il # 11 to J; .1,(,) 11 lk (q'll,a(..,,x!..datI Abilc,In Hp;p,flqm r.,,,,,1,111 r4dity,o,Arnel' ,,,,vin 11',„11(icil:a, Edctelril (:)"I' if,,,r 1 Comparison of Fifteen-Year Traffic and Motor-Vehicle Related Search Information (1/1/02--12/31/16) Race/Ethnicity* Search-Related Searches (in percentages) (42) (03) (4,4) (05) (06) (07) (08) 4,:$4494 ,1111 „ „ Caucasian 79 64 59 53 81 7 68 71 African 3 1 8 2 5 11 14 Hispanic 18 34 31 44 14 15 16 15 Asian 0 6 0 0 0 1 2 2 Native (1 0 0 0 0 0 0 3 American Other 0 0 2 0 0 ,3 2 Il 17 ota 1 ** 100 100 * 100 100 1(./0** 100 100 i UU Rao/} thIlieit%) is dt,;finecl by Texas Senate NI 1074 as bemg ora -particular descent, including C aucasnin, African, Hispanic, Asian, or Native American- F'igure has been rounded Comparison of Fifteen-Year Traffic and Motor Vehicle-Related Search information (1/1,102—.12/31/16 ' Race/E tit n ieity* Motor Vehicle-Related Searches(in percentages) 1 (10) (11) (12) (13) (14) (15) (16) Caucasian 68 67 73 I 72 64 58 61 African 14 15 15 12 18 18 17 Hispanic 17 16 11 14 16 20 20 Asia 1 1 1 4 .7 i 2 1 1 Native American 0 0 0 1 .4 0 0 0 Middle Eastern .7 1 1 ,4 .6 2 1 1 Other 1 0 0 2 0 0 0 0 ONV il, WO Ihl'io WO'V lid111(14,4 iii,pi)i'il\hPiAiipPth di kliNiA Ail ii61,444411444hP0 Iiiiidi Miiii Ph POO\A ii4gAPPOili'ii \ tiliklittld4thlittl 04401,i Mt i, 'ttlicill0'lll /A t s'itillffitlii \olA alai'A t tirM;INVIRNFOrCIRPRIPIA11011NPPIPP WilOfrPiMqgf'llqitgqONfrttO4OFINO9(FMVRIIIPTIMRPMII 'Iota! 100** 100** ' 100 100 100 1 100 100 1 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian, African, Hispanic, Asian, Native.American and.Middle Eastern" * Figure has been rounded. -11" er 1 5,3(22.3r(,:hes 'air' f)el'eerttages (2002---20161 90 11 ,, 111111 ,1 r 50 / 111111 r , 1 '' ,g , 1,,, ( , ,! , ' ek iiii (,...rlucasearl Atricatl ...'.II usp,i3 n i,(,. Ashle Natrvcr:Avnev"Lcrarl 'vl'e,,1(1.PEr Eastem C)ther Comparison of Fifteen-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02--12/31/16) Rage/Eth nieity* Motor Vehicle-Related Arrests (in percentages) (0)2) (03) (114) (05) (01() (07) (08) (00) ' 11 (" a iicasitin 77 43 57 50 67 66 67 66 African 3 1 4 7 12 12 13 15 Hispanic 19 54 38 42 21 1 20 18 16 Asian 0 0 0 0 1 2 Native 0 0 0 0 0 1,1 3 American Other 0 0 1 0 7 0 0 11„H 100** 10(1 100 10(1 100** 100** 100 100 * Race/Ethnicity is dertriecl by'rexas Senate Bill 1074 as being of a"particular descent, including Caticasian, Hispanic,, Asian, or Native Arnerian *4' Figure has betil rounded Comparison of Fifteen-Year Traffic and Motor Vehicle-Related Arrest information (1/1/02--12/31/16) Race/Ethnicity* Motor Vehicle-Related A rrests (in percentages) _..........,_.,......„„„ m,........ ......__.............„. ....................._....... ........„..„,„,,, ____ ...........,,,,„,„.,.........____ I (10) 1 (11) (12)1 (1357-- (14) (15) (16) , .. 1 Caucasian 67 64 66 70 61 58 60 1 A frican 12 14 15 1 I 17 16 14 Hispanic 19 19 18 17 19 23 24 Asian 7 1 1 0 .5 2 2 „6 Native A mer Ica n 0 0 0 5 0 0 0 Middle Eastern .7 1 1 .3 2 1 6 Other ,4 0 .3 1 3 0 0 .3 11/1101111011914‘Ii4,4111/01111141V01,1,1191100,111011110011”vet vlitvIrlflifyiorlifflrirlp oia4taM,\0,41,,V,ka,,,,Iml A 4 unA 41,044,ArAhli44 4,A414/AA MU)44 ) , a),,,um Oa Ada a a 0 ii!la Ad'Aillaak)illaVVI,la kl,laa)' a,a'',fah'all Total I 00** 100** 100 1 00 I 00 100 I 100 *Race/Ethnicity is defined by Teas Senate Bid 1074 as being of a"-particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern" ** Figure has been rounded. 1 Arrests in Per(tentaftes ',2002--2016) 80 ) 00 00 000 0100 0 1 10 1 60(31 il °00100 0 °0 J00100' 00 0 0 Ed() °°00 ' 111101 001110101 00 000,0 1,tia,r01001001 1 111111000100,0 211r) )° 1'00 11 0(1 100 0 0,,, /3023 j111 I 0°100 10 °0 : 300 0 1001000° 0 3°( .31(10 '00'0'3 10 0 10011111°. ,, 1;0 '111 01011E( ' 0°3° 1'00 0000 010" ' 0 , 00 I„,11,, 1 0E002 0 0 11111 1'0 '0° 1 11113 '03; j°1 '0010000; 00(0 03 •0100 100 ,00 0 t;', • 0.1301 '0' 0' . (.13000000,003000 /00tric,00000 1.40000parne 2003,0400000 11000,0023100003 Arr0(20°03:00000 00,00.0s0d0e Eastern 010'0 et •0,000002 020 201103 2004 2005 1111 200E0 1(112(1100011 U 2008 00000 2(1002 1100 201(1,IN 20111 00(20'1.2, 00000 10013 2(1101 2001E0 20101,(00 A , ! Analysis in 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law, That is, the law came into effect on January 1, 2002 and required all police departments in Texas„ to collect traffic-related data and report this information to their local governing,authority by March Is' of each year., In 2009, the 'racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made. In addition, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individual before detaining them„, Further, it is required that agencies report motor vehicle related data to their local governing authority and, to the Texas Commission on Law Enforcement (TCOLE) by March 1st' of each year. The purpose in collecting and presenting this information is to determine if:police officers in a, particular municipality are engaging On the practice of racially profiling rnMority motorists, The Texas Racial Profiling Law also requires police departments to interpret motor vehicle-related data. Even though most researchers would, probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data, in other words, it is challenging for a reputable researcher to identify specific "individual" racist behavior from aggregate-level "institutional" data on traffic or motor vehicle-related contacts. As stated previously, in 2009, the Texas Legislature passed House Bill 3389, which modified the existing Racial Profiling Law by adding new requirements; this took effect on January I st 20 1 O., These most recent changes include, but are not exclusive of,, the re-definition of a contact to include motor vehicles where a citation, was issued or an arrest: made, hi addition, it requires police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also, the more recent law requires adding "middle easteril.°' to the racial and ethnic category and submitting the annual data report to TCOLE before March 1st of each year. I am pleased to inform you that these additional requirements have been addressed, since 2009,, by the Wylie Police Department as it is demonstrated throughout this report. In an effort to comply with The Texas Racial Profiling Law, the Wylie Police Department commissioned the analysis of its 2016 motor vehicle contact data, Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2016 motor vehicle-related data. This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native Americans, Middle Easterners and individuals belonging to the"other" category, that came in contact with the police in the course of a motor vehicle related contact, and 'were either issued a citation or arrested, Further, the analysis included infOrmation relevant to the number and percentage of searches (table I while indicating the type of search performed (i.e. consensual, or probable cause), Also„ the data analysis included the number and percentage of individuals who, after they' came in contact with the police for a motor vehicie-related reason,, were arrested. The additional data analysis performed was based on a comparison of the 2016 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information,. Of the baseline measures available, the Wylie Police Department opted to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the US, Census Bureau (2010) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis.. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures infOnnation related to city residents only.. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2016 but live outside city limits. In some cases, the percentage of the population that comes in contact With the police but lives, outside city limits represents a substantial volume of all motor vehicle-related contacts made in a given year. Since 2002, several civil rights groups in Texas expressed their desire arid made recommendations to the effect that all police departments should rely, in their data analysis, on the lair Roads Standard. This source contains census data specific to the number of -households" that have access lto vehicles. Thus., proposing to compare "households"(which may have multiple residents and only a few vehicles) with "contacts-(an individual-based count). This, in essence.,constitutes a comparison that may result in ecological fallacy, Despite this, the Wylie Police Department made a decision that it would use this fbrm of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its -good will" and "transparency" before the community,. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort Worth (1)17W) .'Metroplex, The final analysis was conducted while using the 2002--2009 traffic data and the 2010 --- 2016 motor-vehicle related data, Specifically, all traffic-related contacts made in 2009 were compared to similar figures reported in 2002, 2003, 2004, 2005, 2006, 2007 and 2008. Similarly„ motor vehicle contact data was compared While using data from 2010, 2011, 2012, 2013, 2014., 2015 and 2016. There is no question that the comparison of fifteen years of traffic/motor vehicle contact data. highlight areas of consistency with regards to traffic and motor vehicle-related contacts. That is, the fifteen-year comparison has the potential of revealing indicators that a possible trend of traffic and motor vehicle-based contacts with regards to members of a specific minority group, may in fact, develop. Tier 1 (2016L1viotor Vehicle-Related Contact Analysis When analyzing, the 'Tier I data collected in 2016, it was evident that most motor vehicle related contacts were made with Caucasian drivers, This was followed by Hispanic and African American drivers, With respect to searches, most of them were performed on Caucasian drivers, This was followed by Uispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts, this was followei. by Hispanics and African Americans 1Jat'r fis;i4ftStandardAnalysis The data analysis of motor vehicle contacts to the census data relevant to the number of "households" in the DFW who 'indicated, in the 2010 census, that they had access to vehicles, produced interesting findings, Specifically, the percentage of individuals of African American, and Hispanic descent that came in contact with the police was higher than the percentage of African American and Hispanic 'iouseholds in DPW that claimed, in the 2010 census, to have access to vehicles. With respect to Caucasians and Asians, a lower percentage of contacts were detected. That is, the percentage of Caucasian and Asian drivers that came in contact with the police in 2016 was lower than the percentage of Caucasian and Asian households in DFW with. access to vehicles, Elifteen-Year conipanson The fifteen-year comparison (02-16)of traffic and motor vehicle related-contact data showed some similarities. As illustrated in table 3, the percentage of drivers (from different racialiethnic groups) that came in contact with the Wylie Police in 2016 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department from 2002 to 2015. However, a few differences were noted. When comparing 2016 to the previous years, there was an increase in percentage of contacts among Hispanic drivers. A decrease in percentage was detected among African Americans, It is clear that commonalities in the data existed, Nvhen analyzing the search-related contacts for all fifteen years. A decrease in percentage was noted among African Americans and Asians; the opposite was true for Caucasians, When considering the arrests made, the data revealed that the percentage of arrests increased among Caucasians and Hispanics while a decrease in percentage was evident among African Americans. It should be noted that the 2010, 201 !, 2012, 2013, 2014, 2015 and 20 16 data should be analyzed while considering that since January I of 2010, a contact was re-defined by the law; thus, making it statistically challenging. to compare traffic contacts (collected and reported from 2002-2009) with motor vehicle contacts (collected and reported since 2010). Summary of hndfflgs "Ihe comparison of motor Vehicle contacts showed that the Wylie Police Department. came in contact On motor vehicle-related incidents) with a smaller percentage of Caucasian and Asian drivers than the percentage that resided in DFW and had access to vehicles. Further, the data suggested that the percentage at African American and Hispanic drivers that came in contact with the police in 2016 was higher than the percentage of A,frican American and Hispanic households in DIN/ with access to vehicles, In addition, the data showed that in a large number of instances, officers did not know the race or ethnicity of individuals before detaining them, when compared to instances where officers knew the race/ethnicity of individuals before, they were detained, An examination of the fifteen-year traffic and motor vehicle-related contact data suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year, The consistency of contacts for the past fifteen years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police While considering the findings made in this analysis, it is recommended that the Wylie Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to he useful when determint g the nature of the contacts police officers are making with all individuals, particularly with African Americans and Hispanics. Although this additional data may not be required by state law, ills likely to provide insights regarding the nature and outcome of all motor vehicle contacts made with the public, As part of this effort, the Wylie Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in the first quarter of 2017, 2) Commission data audits in 2,017 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. 1-he Wylie Police Department has, once again, complied with the Texas Racial Profiling Law, i w Checklist The :following requirements were met by the Wylie Police Department in accordance with 'The lexas Racial Profiling Law: M. Clearly defined act or actions that constitute racial profiling M Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling Implement a process by which an individual may file a complaint regarding racial profiling violations Provide public education related to the complaint process. Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law Collect data (Tier I)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search, d) Whether a custody arrest took place FA Indicate total nu her of officers who °,cnew and did not snow, the race/ethnicity of individuals before being detained. El Produce an annual report on police contacts (Tier 1 )and present this to local governing body and '1C01.X. by March 1,, 2017.. M Adopt a policy, if video/audio equipment is installed, on standards fOr reviewing video and audio documental ion Contact Information Contact Information For additional questions regarding the information presented in this report, please contact.: Del Carmen C',onsulting, 1,LC 8 7,681. 7840 Y1'.01,1 A.0 sra pro Wkk imencw,ultin (')1119 Qisclatriter. The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC„ is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, 1)r. dcl Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report, Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report., Wylie City Council AGENDA REPORT 'a �y�P 4+rv9Mka{ pr, -N r.MYYk fl'tlkMA Meeting Date: February 14, 2017 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: G. Hayes -Purchasing Account Code: Date Prepared: 2/3/2017 Budgeted Amount: $5,999,999.99 Exhibits: Subject Consider and act upon Change Order No. 2 for bid # W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of$58,600.00, resulting in a new contract total of$5,288,197.49, and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to approve Change Order No. 2 for bid # W2015-67-B for Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project; to Tri-Con Services Inc. in the amount of$58,600.00, resulting in a new contract total of$5,288,197.49, and authorizing the City Manager to execute any and all necessary documents. Discussion The City of Wylie City Council previous awarded Bid No. W2015-67-B Ballard Avenue Paving & Drainage Improvements Dallas/Collin County Line to Alanis Drive Project to Tri-Con Services Inc. on October 13, 2015 in the amount of $5,299,999.99. Change Order #1 (1/26/2016) revised culvert construction resulting in a reduction of $70,402.50, and a new contract total of$5,229,597.49(-1.33%). Due to construction delays caused by the time required for utility relocation, Change Order#2 is submitted as follows: • Add $29,300—contractor demobilization expenses (due to work delays) • Add $29,300 - contractor remobilization expenses (due to work delays) • Price Increase - for 8" Reinforced Concrete Paving from $51.50/SY to $54.94/SY (net increase of$124,400 for 36,073SY) for all concrete poured after January 2, 2017; to be invoiced as the work is completed under the terms of the contract. This price increase shall be funded from the balance of line item #IC3 (Contingency Expenses) of the original contract. • Make Whole "Retainage Fee" —contractor shall make whole the retainage fee fund per the original terms of the contract (5%), by reimbursing the City in full in the amount of$96,840.14 (based on vendor invoices #7, #8 and #9); and the City shall withhold 5% from all future invoices beginning with#10. Payment of the $96,840.14 shall be made within two (2)pay requests or a maximum of 60 days (whichever occurs first) from the effective date of Change Order#2. • Amend Paragraph SC.09 Allotted Completion Time to add an additional 180 days to the completion, for a new Contract Period of 560 days; expiration 5/22/2017. Staff recommends the approval of Change Order #2, approving a price increase in raw materials, adding $58,600 additional expense, and 180 additional days to the contract. The new contract total will be $5,288,197.49 which remains within the original amount awarded. (Rev 01/2014) Page 1 of 1 Prte Wylie City Council AGENDA REPORT Meeting Date: 02-14-2017 Item Number: D Department: Animal Control (City Secretary's Use Only) Prepared By: Shelia Patton Account Code: Date Prepared: January 24, 2017 Budgeted Amount: approved minutes/statistical report/vet inspection Exhibits: Subject Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 18, 2017. Recommendation Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding the meeting held on January 18, 2017 Discussion The ASAB met on January 18, 2017. The attached minutes, statistical report and vet inspection were considered, approved and placed on file. This report is being submitted as required by city ordinance. Page 1 of 1 Wylie Animal Shelter Advisory Board CITY OF WYLIE Minutes Wylie Animal Shelter Advisory Board Wednesday, September 14, 2016 —6:00 pm Wylie Municipal Complex— Conference Room 230 300 Country Club Building 100 Wylie Texas 75098 CALL TO ORDER 1 nnounce the presence of a Quorum. David Dahl called to order the Animal Shelter Advisory Board meeting at 6:00 pm. Board members present: Shelia Patton, David Dahl„ Dr. Brad Abraham, Brad Boozer and Princess Stewart„ Quorum is present. INVOCATION & PLEDGE OF ALLEGIANCE The Invocation was led by Shelia Patton. WORK SESSION • Discussion of ASAB Ordinances and Bylaws as orientation for new board members. (D. Dahl, ASAB Chair) David Dahl welcomes the new board members. Dahl discusses the reason and history of the establishment of the Animal Shelter Advisory Board (ASAB), In approximately 2003 the State of Texas passed law related to the establishment of board. Law states board to consist of four members. A City of Wylie ordinance was passed in accordance to this law to comply. In 2011 the City of Wylie added to its ordinance the addition of a fifth seat to be filled by a resident of the City of Wylie. The board is established to act in an advisory capacity to the city council, The board shall meet at least three times per year and any additional meetings as may be called. The board consists of five members, This board is represented in the position of veterinarian by Dr. Brad Abraham, one member of the city council of the City of Wylie by David Dahl, shelter supervisor of the City of Wylie by Shelia Patton, one representative from an animal welfare organization by Princess Stewart and one resident of the City of Wylie by Brad Boozer. Minutes—September 14, 2016 Wylie Animal Shelter Advisory Board Page 1 David Dahl refers to Animal Shelter Advisory Board Bylaws and Ord. No. 2003-116-10-2003 Article IV pertaining to board. Meetings are January, June & September usually second Wednesday of the month at six in the early evening as to bring a quarterly report to the board for review and update for council report, The board authority shall not extend to the direction, supervision, employment or termination of the city employees. No supervisory power of the board is created. REGULAR AGENDA ITEMS 1. Consider and act upon approval of the Animal Advisory Board minutes of May 11, 2016. (D, Dahl, ASAB Chair) Board Comments Chair David Dahl comments that Dr,. Brad Abraham has stepped out of meeting to accept emergency call from work. Three board members shall constitute a quorum of the board for the purpose of conducting its business. Four board members are present. A quorum is present and the meeting will continue for all purposes. Board Action A motion was made by Brad Boozer to accept the Animal Shelter Advisory Board minutes of May 11, 2016 as presented. Princess Stewart seconded to accept the Animal Shelter Advisory Board minutes of May 11, 2016 as presented. A vote was taken and the motion passed unanimously. 2. Consider and act upon the appointment of an Animal Shelter Advisory Board Vice Chair for a term ending July 2017. (D. Dahl, ASAB Chair) Board Comments David Dahl comments the return to the ASAB meeting of Dr,. Brad Abraham, Chair David Dahl comments for any board members that have interest in the position to come forward. Dr. Brad Abraham comments interest however he is concerned for the benefit of the board in relation to his work schedule. He is on call on Wednesdays and could have to leave the meeting or unfortunate circumstances of emergency not be able to attend last minute, Princess Stewart commented with interest to be appointed vice chair. Minutes—September 14,, 2016 Wylie Animal Shelter Advisory Board Page 2 Board Action Brad Boozer motioned to appoint Princess Stewart as the Animal Shelter Advisory Board Vice Chair for a term ending July 2017. Dr. Brad Abraham seconded the motion to appoint Princess Stewart as the Animal Shelter Advisory Board Vice Chair for a term ending July 2017. A vote was taken and the motion passed unanimously. 3. Consider and place on file second quarter statistical information for shelter operations. (D. Dahl, ASAB Chair) Board Comments David Dahl comments the report will be given by Shelia Patton. It will benefit the new board members and will help with future meetings and questions that may arise for action,. A though explanation of report for full transparency was given for the benefit of new board members understanding by Shelia Patton of the second quarter statistical report information. Shelia Patton comments that as a division under the Police Department board members need to be aware that Animal Control is responsible for 24/7 response to all animal related calls to include emergency calls and police assist calls as dispatched, Animals struck by vehicles, deemed destroyed by court proceedings and quarantined due to attacks of bite to humans will play a role in euthanasia numbers and reasons for the euthanasia, Animal Control has a defined primary function to safeguard the public's health and safely and to ensure responsible supervision and humane treatment for animals within its jurisdiction. Animal Control Officers are trained and certified by the State of Texas according to the law to perform this job duty, Humane euthanasia is a hard to understand portion of the job from the public, It is necessary in cases to safeguard the public's health and safety and cases to prevent inhumane suffering of an animal. All euthanasia's are performed on a case by case basis. The Animal Control Department is not a humane society. With that being said no one does this job without a love and passion for animals: David Dahl comments for the board's information that the shelter has achieved a no kill rating. The shelter has been performing at a ninety percent or higher live outcome rate for at least the past two years as statistical reports have been made. Shelia Patton comments that she is pleased with the facilities numbers and the staff dedication to the animals they rescue from our city. This is the happy part of the job. It is hard to not focus on the ones beyond our abilities and cause a high risk to health and safety. Patton comments that she has been asked before why the owner surrender rate is not higher. Every animal coming through that shelter or abandoned in our city is an owner surrender. The owner for whatever reason did not come and pick up their once loved pet. They all had owners at one time meaning they had a family, They were abandoned and left. Board Action A motion was made by Brad Boozer to accept and place on file second quarter statistical information for shelter operations. Dr. Brad Abraham seconded the motion to accept and place on file second quarter statistical information for shelter operations. A vote was taken and the motion passed unanimously.. Minutes—September 14, 2016 Wylie Animal Shelter Advisory Board Page 3 DISCUSSION ITEMS 4. Discussion regarding shelter events and status since first quarter. (S. Patton, ASAB Board Member) Shelia Patton reports six sterilization transports available from Wylie Animal Control for residents to low cost animal care provider. In collaboration with PetSmart Charities and Spay Neuter Network three low cost programs are made available through grants for residents. Precious not Parents, Feline Fridays and Fixin' Feral Felines are all twenty dollar programs to include surgery for sterilization, vaccination and ear tip for trapped wild animals. Three low cost vaccination clinics held at the City of Wylie Animal Control during evening hours. These clinics provide residents to monthly access to low cost vaccinations, heartworm testing and preventative medication. Residents are given the monthly opportunity during these clinics to register and or comply with officer warnings at this late evening event. Two City of Wylie Animal Control Officers, Veterinarian W. Wood and one veterinarian assistant is on site with sign up until seven pm and staying on site until the last patient is serviced. Fifty additional animals have been through the pre adoption sterilization program. These animals were sterilized, microchipped and given their rabies vaccination if age appropriate. Age appropriate vaccinations are given upon intake by staff of City of Wylie besides rabies. Volunteers logged 39 hours and service hour programs have logged 920 hours. Animals at the facility are spotlighted twice monthly via the Pet of the Week in the Wylie News. Facebook for social media outreach is utilized to highlight lost pets, adoptable pets, stray animals and area events. Wylie Animal Control participated in the Clear the Shelters campaign again this year. Staff members worked extremely hard to prepare for this event. We adopted a total of 47 animals for the campaign. Twenty two pets were adopted in the few days ahead of the event with full adoption fees simply because they heard about our participation in the campaign. On the day of the event all animals of appropriate age were sterilized, fully vaccinated, microchipped, dewormed, flea treated and had vouchers for donated medical care totaling over$200.00 in services. We secured full veterinary care, treatment and all medications for two heart worm positive dogs free of charge from local veterinarian clinics prior to the event. With approval and support from our City Manager many city employees were allowed before the event to wear shirts displaying our city's dedication to the campaign to find these animals a home. This helped us by spreading the word for all possible adopters to see, It was heartwarming to see our fellow city coworkers helping. It was a sea of neon green from the library to each department throughout the municipal complex. We cleared the shelter for the third year in a row while still managing full Animal Control operations and duties during and prior to the event. This was a team effort and we are thankful to all who helped prior and the day of the event. We extend a thank you to our city council members for supporting our efforts to make the event possible, Brad Boozer asks how many off-site adoption events were held. Patton reported inside events offsite were held earlier in the year, We participated in a recent adoption event at the Wylie Event Center and we have an adoption event that has been heavily advertised and well planned at Conversation Coffee in two weeks„ If the weather is too hot or too cold events outside will not be held. We will not risk the animal's health, These newly abandoned animals here at the shelter typically are over stressed at these events, These are not long time fostered animals. They are strays in an uncontrollable and unknown environment to both staff and animals at these events,. We ideally want an adopter to come to an amazing facility, meet our officers, meet our animals and bring the whole family including their animals if they wish. We have a new meet and great room for the cats. We have play areas for off leash dog play and at the facility you can take your time to make this big decision. Minutes—September 14, 2016 Wylie Animal Shelter Advisory Board Page 4 ADJOURNMENT Motion was made by Brad Boozer and seconded by Princess Stewart to adjourn meeting. With no further business before the board, consensus of the board was to adjourn at 6:58 pm. David Dahl,Chairman Minutes—September 14, 2016 Wylie Animal Shelter Advisory Board Page 5 Animal Adisory Committee Report January 18, 2017 July 2016 thru September 2016 Dogs Cats Others Total Impounds 189 57 103 349 Owner Surrender 5 0 0 5 Stray 147 32 19 198 Quarantine 25 1 0 26 Safe Keeping 5 0 0 5 DOA 8 10 39 57 Trapped by resident 0 *23 45 68 *trapped but evaluated as adoptable Born at Shelter 0 0 0 0 Dispositions Dogs Cats Others Total Return to Owner 127 5 9 141 Adopted 51 24 1 76 Rescued 3 0 0 3 Euthanized 7 9 28 44 Other 0 0 **29 29 **27 Rehabilitation/relocation Euthanasia Reason Behavioral 4 0 0 4 Medical 2 8 3 13 Policy- H.R.R.0 **1 **1 10 12 **required rabies testing shipment Wild Animal 0 0 15 15 Euthanasia for dogs 3.37% Euthanasia for cats 14.52% Euthanasia dogs &cats total 6.35% ACO Calls For Service July 1,2016 thru September 30, 2016: 614 Dogs at facility at end of report: 20 Dogs at facility at beginning of report: 27 Cats at facility at end of report: 21 Cats at facility at beginning of report: 15 Euthanasia Rate for Facilty July 1,2016 thru September 30,2016 6.35% * TEXAS Inspection for Animal Shelter, Impoundment, and Rabies Quarantine Facilities „+r't[]epartmerst of State Health Services (� ti el Date t 1/((D11(0 Name of Manager Sk�1 i 0 1 '\}, Registration No. 0 • 02--C) Name of Establishment L) l l C AT'"7^i Conk-0 1 Inspector f3 ratt NOr oihWm D1/4" Location of Establishment 9 11'q H ene-hi Mailing Address i L4c Nis 1Q y a icA I Da City W/ Ile State 1( Zip Code 4'7 Og S Phone H:2---' 14 4 Z~ S Do t/ County Note to Inspector: Put Yes, No, or N/A(Not Applicable) In the columns to the right of the question. A� e$r0"t ^ ,SeCtonli''`' i/ii%, ;/iaiii i/ /Aglc,� � �� .,».... � � �,ew� ��rv��„��;w �...��,.,.,�,m�,.n,,�A� �:�, ��ww�,� �mmm, .,.,.,.,. mwwmdwwmdwwmdwwmmm.,.,.,�. „.,., �wm�.'� Structural Strength ,-' 14.Are animals protected from cold and inclement 1. Is the facility structurally sound and maintained in good weather and direct effects of wind, rain, and snow? repair in order to protect the animals from injury, contain #5. Is e auxiliary 5 below bedding parovided i area resent?''''" them, and prevent transmission of diseases? Water and Electric Power _..._ry _ ,. dwwmd � mdwwm� ' Cooling and Ventilation 2. Does the facility have reliable and adequate electricity y 16. Are animals protected from any form of overheating .„,j' requirements? direct rays the sun? j to complywith other reH uirements. and frm _di 13 Does the facili have fresh, clean water available? 17.Arefresh air and adequate ventilation to minimize w "" condensation provided? Storage � ,�. .....� . ��, drafts, morsturemm. .. ..... .._.a _ ......�. ....._. 4.Are food and bedding stored to protect them against �,/ 18. Is extra ventilation, such as fans or air conditioning, infestation or contamination by vermin? ! provided in indoor facilities if the temperature is 85°F or F _/'Is a refrigerator available for erishable foods? above when animals are present? aste D I ,,1 _ * ''' 6. Are there provisions for the removal and disposal of '19. Is lighting adequate to permit routine inspection and animal and food wastes, bedding,dead animals, and t/ cleaning? debris? )20. Are primary enclosures situated to protect the 7.Are disposal facilities operated in a manner that "� °"" animals from excessive illumination (man-made or y minimizes vermin infestations, odors, and disease natural ?� ...-, .W. .,, .. - , hazards? Construction i,----"-1 liquidpublic protect the animals and 8. Is there a suitable method for rapidly and safely21. Is the facilityconstructed to protect nuisance? removingwater and other wastes? not create a health risk ornuis .... Washrooms and'Sinks I '"'22.Are building surfaces constructed and maintained so 9.Are there facilities (such as washrooms, basins, or that they are impervious to moisture and can be readily �,) sinks)for employees to wash their hands? / sanitized? ]` I 23. Is the floor made of durable, nonabsorbent material? materiall......__._.._....... ? ManArment PrfmaAe E ras 10. For facilities located in a county with a population of 24.Are primary enclosures structurally sound, 75,000 or over(only), in accordance with THSC Section maintained, and constructed with surfaces that are Y823.003: impervious to moisture and can be readily+sanitized? a.Are animals separated by species and by sex? Y 25. Do primary enclosures enable the animal to remain b. If not related to one another, are animals of relatively y dry and clean and protect the animal's feet and legs \] the same size sharing cages/Bens? 1 from injury? 11 c.Are sick or injured animals segregated from healthy 26. Do the cages and kennels provide enough space for animals? y each animal to make normal postural adjustments 11. For facilities located in a county with a population of without touching the top of the enclosure, including 75,000 or over(only), in accordance with THSC Section 7 turning freely, standing easily, sitting, stretching, moving y 823.005: i7 its head, lying in a comfortable position with limbs Has the governing body of the city or county in which the extended, and moving and assuming a comfortable shelter is located established an advisory committee to Ni i*shire for feeding, drinking, gees, and defecating? assist in t:om fiance with THSC Chaster 823? ' l dir rAC .atfyn 16g 260:41'/l%///j'%%% Records 27.Are dogs and cats fed at least once a day or more 12. Does the facility keep records on each animal? y often as appropriate for the age and condition of the animal, except as directed by a veterinarian? Are other i y 13. Do records document animal description, animals fed as described on packaging of a commercial,; impoundment and disposition dates, and method of y species-specific food or as directed by a veterinarian disposition? (see#32 for ferret requirements)?re �nts)? � m h , TAC=Texas Administrative Code, THSC=Texas Health and Safety Code Inspector Initials: l Date: 1....//6 Facility: Registration No: edtotiobioria��//////////�///////////��/,//O7x � z ////�/�% �I � ii( ;=COm Il�z#�d,b �'�! 2 �Qfoa/ G�l/ Ai/GC 'i ir",,,„,,x,,„ ,, /1/r f/ / / 4 8. Is food wholesome, palatable, free from ,,,,,#l, � 'IT f/f/,/f�/t/�S��,f,/��f/ft lfrf�/f�t1reII//o///,/,,/I/��/„( )7./,, contamination, of sufficient nutritive value to meet daily V 38. Is there documentation of twice daily observations of requirements,and accessible to animals? ! quarantined animals? //// /pp/Gil//v i% �//G %//l/ / ii/// J,. /%Hlllli////j/y a Y 29.Are food pans kept clean and sanitary, and if Rabies ra fF, �Facil1i e(Co;/ ,raby�DSHS/f% disposable food pans are used, are they discarded after I Only) ILTA ,rt/SecI '1 ( ;}l �/j% / di each feeding? 39. Does the facility have a written Standard Operating C.Watering-(TACSection 69.28(c)];;',/;,7` ////////%//% //%Procedure(SOP)? 30. Do animals have convenient access to fresh water and 40. Is the SOP specific for the facility? ‘/Y is it offered at least twice daily for at least an hour(except `J 41. Is the SOP posted or otherwise readily available to as directed by a veterinarian)? J all employees? 31. Are the water bowls clean and sanitary? y 42. Is the SOP designed to ensure effective and safe 32. Do domestic ferrets have 24-hour access to water in a y quarantine procedures?drinking bottle and to food? 43. Do enclosures have solid walls to prevent physical D/Sanitation/ TI'AC Section 169 %///Z , ,/%/%//O////i/%,;contact between animals? Y 33.Are excreta removed from primary enclosures often 44.Are the primary enclosures enclosed on all sides, Y enough to prevent contamination of the animals (at least \/ including the top, to prevent escape? once a day)? 45. Do quarantine runs, cages, or rooms have"Rabies 34. Are cages, rooms, and pens maintained in a sanitary Quarantine"signs posted? condition? y For)Facilities,Subject to THSC Chapter,629(Located? 35.Are the building and premises kept clean? in Nola-exempt/County) ,,(Seetioasy829.982 arid% ;r, / �, , , E. Pest,.Control AC, 1&�}. / /////,/ �� //�� /i/// % / , 36. Is there a regular program in place for control of 46. This standard is for purposes of meeting insects, ectoparasites, and other pests? y requirements set forth in THSC Chapter 829 only. Are 37. Is the facility free of visible signs of rodents and are all employees whose primary job is to enforce animal other vermin infestations kept to a minimum at all times? I control laws in compliance with training requirements I (Sec. 829.002)? If so, this inspection form serves as a certificate of compliance per Section 829.007. This facility has approximately 22t2 cat cages and 3 1 dog cages/pens. ` �. When the facility was inspected today, it was housing approximately \� cats and �� dogs. Inspector Comments: 0 Check here if additional inspector comments are attached Facility Rating: Satisfactory ✓ Unsatisfactory Probation If applicable, timeline for probationary period As the inspector, I certify that I have personally inspected this facility and that it conforms to the statements above. Ls__ I/go / IC Inspector Signature Date The signatures below acknowledge completion and receipt of the inspection form: Manager (retain pink copy after signature) Date Regional Zoonosis Control (ZC)Veterinarian Date White original and yellow copy to DSHS Regional Office after Inspector's and Manager's signatures. Regional Office retains yellow copy after ZC Veterinarian's signature and returns original with all signatures to facility. TEXAS NIL If Department of State Health Services TAC=Texas Administrative Code, THSC=Texas Health and Safety Code Zoonosis Control DSHS=Texas Department of State Health Services 01/16 Stock No, Z-3 71,11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 14, 2017 Item Number: E Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: 100-5113-56070 Budgeted Date Prepared: February 2, 2017 Amount: $13,000 CCEA Contract/Cost Resolution, Contract CCEA, and Joint Agreement CCCC- Exhibits: Wylie Subject Consider, and act upon, Resolution No. 2017-05(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 6, 2017 Wylie General Election; and an agreement between Collin County Community College and the City to hold a Joint Election at the Smith Public Library for the City's Voters residing in Collin County. Recommendation Motion to approve Resolution No. 2017-05(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 6, 2017 Wylie General Election; and an agreement between Collin County Community College and the City to hold a Joint Election at the Smith Public Library for the City's Voters residing in Collin County. Discussion By the terms of this agreement, the City of Wylie agrees, pursuant to the provisions of the Texas Election Code, to hold its General Election on Saturday, May 6, 2017. Per Council direction, the City will contract with the Collin County Elections Administrator to perform various duties and responsibilities for Wylie's Collin County voters, on behalf of the City. The contract presented has specified duties for each party and estimated costs to administer the election. This agreement, once executed, will formalize the General Election for May 6, 2017 between the City of Wylie and the Collin County Elections Administrator, Bruce Sherbet, and approve the estimated costs for this portion of the General Election. Under the terms of the contract, it is noted in the contract, if the City cancels their election, a charge of$75.00 will be accessed as full cost for the election. Additionally the Collin County Community College has requested to share in the cost of the Smith Public Library for all voters in Collin County wishing to vote at the Smith Public Library Voting Center. Costs for the election, based on the joint agreement will be reduced if both parties hold an election. In the event either party is able to cancel their election,the remaining jurisdiction will carry the full cost of the election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the Page 1 of 1 Page 2 of 2 taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. Collin County Elections Administrator Bruce Sherbet will administer the election for registered voters residing in the incorporated city limits of Wylie within Collin County. Per direction from Council, the City will administer the election for Wylie voters in Rockwall and Dallas Counties and provide administrative services. All Wylie voters will use the Smith Public Library as the Early Voting and Election Day polling place. RESOLUTION NO. 2017-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING AN ELECTION CONTRACT BY AND BETWEEN THE CITY OF WYLIE AND THE COLLIN COUNTY ELECTIONS ADMINISTRATOR FOR ADMINISTRATION OF THE MAY 6, 2017 WYLIE GENERAL ELECTION; AND AN AGREEMENT BETWEEN COLLIN COUNTY COMMUNITY COLLEGE AND THE CITY TO HOLD A JOINT ELECTION AT THE SMITH PUBLIC LIBRARY FOR THE CITY'S VOTERS RESIDING IN COLLIN COUNTY. WHEREAS, the City Council of the City of Wylie wishes to contract with Collin County Elections Administrator, Bruce Sherbet to administer the May 6, 2017 General Election as referenced in the contract which is attached as Exhibit "A", and WHEREAS, the City Council of the City of Wylie has agreed to hold a Joint Election with Collin County Community College to allow Collin County voters in both jurisdictions to cast votes at the same polling place as referenced in the contract which is attached as Exhibit "B", and WHEREAS, Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Interlocal Agreement by and between the Collin County Elections Administration and the City of Wylie, Texas for the Administration of the May 6, 2017 Wylie General Election for Collin County Voters. SECTION 2: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a Joint Election Agreement by and between the Collin County Community College and the City of Wylie, Texas for a joint election to be held on May 6, 2017 for Collin County Voters. Resolution No.2017-05(R) CCEA Election Administration Contract CCCC Joint Election Agreement SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14th day of February, 2017. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2017-05(R) CCEA Election Administration Contract CCCC Joint Election Agreement EXHIBIT "A" Contract for Election Services Resolution No.2017-05(R) CCEA Election Administration Contract CCCC Joint Election Agreement EXHIBIT "B" Joint Election Agreement City of Wylie and Collin County Community College Resolution No.2017-05(R) CCEA Election Administration Contract CCCC Joint Election Agreement Exhibit A May 6, 2017 General Election Contract for Election Services City of Wylie May 6, 2017 General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of City III .Cost of Election IV Joint General Agreement V .General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Vote Centers Exhibit C .Cost of Services Exhibit D Joint General Agreement May 6,2017 General Election—City of Wylie 02/01/17—Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY OF WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLII-, hereinafter referred to as the "CITY," and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City's May 6, 2017 General Election and a City Runoff Election, if necessary, on June 10, 2017. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City. May 6,2017 General Election—City of Wylie 02/01/17—Page 3 b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure,prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. May 6,2017 General Election—City of Wylie 02/01/17—Page 4 2. Supplies include smart cards, sample ballots,provisional forms, maps, labels, pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City's May 6, 2017, General Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. May 6,2017 General Election—City of Wylie 02/01/17—Page 5 D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit "B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. c. Election night reports will be available to the City at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City can obtain the list of registered voters from the Elections Administration Office after this retention period. May 6,2017 General Election—City of Wylie 02/01/17—Page 6 Pending no litigation and if the City does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY. The City shall assume the following responsibilities: A. The City shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 3, 2017. C. The City shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City shall deliver to the Contracting Officer as soon as possible,but no later than 5:00 PM Wednesday, February 22, 2017, the official wording for the City's May 6, 2017, General Election. b. The City shall approve the "blue line" ballot format prior to the final printing. D. The City shall post the publication of election notice by the proper methods with the proper media. May 6,2017 General Election—City of Wylie 02/01/17—Page 7 E. The City shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit"C" for required services. F. The City shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 7, 2017. The Contracting Officer shall place the funds in a"contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: "Collin County Treasury"with the note "for election services"included with check documentation. G. The City shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee,pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. JOINT GENERAL AGREEMENT. See Exhibit "D". V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City's May 6, 2017, General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City. C. If the City cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$75. An May 6,2017 General Election—City of Wylie 02/01/17—Page 8 entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 6, 2017, General Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 6, 2017, General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 2017. Bruce Sherbet Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF 2017. By: Attest: Eric Hogue, Mayor Carole Ehrlich, City Secretary City of Wylie City of Wylie May 6,2017 General Election—City of Wylie 02/01/17—Page 9 Exhibit"A" MAY 6, 2017 GENERAL ELECTION Early Voting Locations and Hours City of Wylie Polling Place Address City Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Smith Library 300 Country Club Road Wylie Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 23 April 24 April 25 April 26 April 27 April 28 April 29 8am—5pm 8am—5pm 8am—5pm 8am - 7pm 8am - 5pm 8am - 5pm April 30 May 1 May 2 May 3 May 4 May 5 May 6 lam—7pm 7am—7pm 7am—7pm Election Day * City voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 6,2017 General Election—City of Wylie 02/01/17—Page 10 Exhibit"B" MAY 6, 2017 GENERAL ELECTION Election Day Vote Center — City of Wylie Precincts Location Address City "VOTE CENTER" Smith Library 300 Country Club Road Wylie *City voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. May 6,2017 General Election—City of Wylie 02/01/17—Page 11 Exhibit B JOINT ELECTION AGREEMENT between The City Council of the City of Wylie (the City), and the Board of Trustees of Collin College District (the College). BY THE TERMS OF THIS AGREEMENT, the City and the College, do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election and Special Election should it be called, of the City and the General Election and Special Election should it be called, of the College to be held on Saturday, May 6, 2017. The entities have contracted with the Collin County Elections Administrator (Election Administrator) to perform various duties and responsibilities on their behalf. The City and the College shall share equally in shared expenses applicable for the Early Voting location and Election Day Vote Center at the Smith Library. Expenses include polling location costs, election officials, supplies, ballots and any other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. Tabulation and centralized costs shall be shared equally between the number of entities holding an election on May 6, 2017. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 6, 2017, General & Special Election of the City and the College; they will be liable only for the contract preparation fee of $75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS in its meeting held the day of , 2017, and executed by its authorized representative. By: Attest: Eric Hogue, Mayor Carole Ehrlich, City Secretary City of Wylie City of Wylie APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its meeting held the day of , 2017, and executed by its authorized representative. By: Attest: H. Neil Matkin, Ed.D. District President Kim Davison, Sr. Vice President Collin College Collin College ESTIMATED COSTS FOR CITY OF WYLIE May 6,2017 Exhibit"C" SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie/CC Sample Ballots $0.1866 each 200 $37.32 Early Voting Mail Ballots $1.20 each 75 $90.00 Precinct Ballot Setup $10.00 each 1 $10.00 Precinct Ballots $0.4002 each 25 $10.01 Early voting and election day kits $25.00 each 2 $50.00 Central Counting kit and supplies $50.00 each 1 $50.00 County Precinct Maps $12.00 each 2 $24.00 Printer Labels $5.27 each 7 $36.89 Total $308.22 Number of Entities Sharing Costs 2 SubTotal $154.11 Grand Total $154.11 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie/CC Voting Machines(7's) $150.00 each 4 $600.00 Voting Machines(6's) $200.00 each 4 $800.00 Transfer Cases $5.00 each 2 $10.00 Metal Signs $1.00 each 4 $4.00 Wood Signs $2.00 each 2 $4.00 EV Security Cabinets $200.00 each 1 $200.00 EV Computer Cabinet $50.00 each 1 $50.00 ED Security Cabinets $200.00 each 1 $200.00 EV/ED Cabinet Drayage $138.00 each 2 $276.00 Total $2,144.00 Number of Entities Sharing Costs 2 SubTotal $1,072.00 Grand Total $1,072.00 EARLY VOTING Number of Early Voting Locations 1 Workers each location 3 Units Cost Wylie/CC Mailed Ballot Kits $1.00 each 75 $75.00 Postage for Ballots $0.88 each 65 $57.20 Assemble EV Location $50.00 each 1 $50.00 Total Judge Hours $12.00 hour 68 $816.00 Overtime Judge Hours $18.00 hour 23 $414.00 Total Alt.Judge&Clerk Hours $10.00 hour 135 $1,350.00 Overtime Alt.Judge&Clerk Hours $15.00 hour 35 $525.00 Pickup&Delivery of Supplies $25.00 each 1 $25.00 Total $3,312.20 Number of Entities Sharing Costs 2 SubTotal $1,656.10 Grand Total $1,656.10 ELECTION DAY Number of Election Day Locations 1 Workers each location 3 Units Cost Wylie/CC Total Judge Hours $12.00 hour 14 $168.00 Total Alt.Judge&Clerk Hours $10.00 hour 28 $280.00 Pickup&Delivery of Supplies $25.00 each 1 $25.00 Total $473.00 Number of Entities Sharing Costs 2 SubTotal $236.50 Grand Total $236.50 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie/CC Manual Recount Deposit $60.00 each 1 $60.00 Process Pollworker Checks $1.50 each 4 $6.00 Process Election Judge Notices $1.50 each 4 $6.00 Total $72.00 Number of Entities Sharing Costs 2 SubTotal $36.00 Grand Total $36.00 TABULATION Tabulation Network $4,000.00 Election Night Vendor Support $1,800.00 Notice of Inspection/Tabulation Test $2,250.00 Total $8,050.00 Number of Entities 34 Total $236.76 PROGRAMMING Dominion Project Management $5,000.00 Full Service Programming w/Audio $14,000.00 Total $19,000.00 Number of Entities 34 Total $558.82 CENTRALIZED COSTS Early Voting Ballot Board $2,000.00 Cost for Central Count Workers $1,400.00 FICA on Election Workers $4,500.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(6) $1,100.00 Early Voting Personnel in McKinney $4,000.00 Warehouse Gas Mileage $1,200.00 County Overtime and Temporaries $35,000.00 FICA for County Employees $2,500.00 Total $51,750.00 Full Service Jurisdictions-1,464,745 voters Plano ISD-201,958 14%of Total=$7,245.00 City of Murphy-11,837 .08%of Total=$414.00 City of Parker-3,095 Flat Fee-$125.00 City of Plano-157,059 11%of Total=$5,692.50 City of McKinney-92,862 6%of Total=$3,105.00 McKinney ISD-73.530 5%of Total=$2,587.50 CCCC-526,033 36%of Total=$18,112.50 City of Allen-56,819 4%of Total=$2,070.00 Allen ISD-57,018 4%of Total=$2,070.00 City of Anna-6,037 .04%of Total=$212.18 Anna ISD-7,995 .05%of Total=$258.75 City of Blue Ridge-440 Flat Fee-$125.00 Blue Ridge ISD-2,113 Flat Fee-$125.00 City of Celina-4,758 .03%of Total=$155.25 Celina ISD-6,453 .04%of Total=$212.18 City of Fairview-6,933 .04%of Total=$212.18 Lovejoy ISD-10,823 .07%of Total=$377.78 City of Frisco-51,247 3%of Total=$1,552.50 Frisco ISD-80,594 5.5%of Total=$2,846.25 Farmersville-1,561 Flat Fee-$125.00 Farm ersville ISD-4,745 .03%of Total=$155.25 City of Lavon-2,007 Flat Fee-$125.00 City of Lucas-4,547 .03%of Total=$155.25 City of Melissa-5,030 .03%of Total=$155.25 Melissa ISD-6,209 .04%of Total=$212.18 City of Nevada-722 Flat Fee-$125.00 Community ISD-6,558 .04%of Total=$212.18 Town of New Hope-482 Flat Fee-$125.00 Princeton ISD-8,963 .06%of Total=$310.50 City of Prosper-10,537 .07%of Total=$377.78 Prosper ISD-20,225 1.4%of Total=$724.50 Town of St.Paul-690 Flat Fee-$125.00 City of Wylie-24,823 1.6%of Total=$828.00 N.Collin WSC-1,245 Flat Fee-$125.00 Marilee SUD-1,699 Flat Fee-$125.00 Copeville Water-2,033 Flat Fee-$125.00 East Fork SUD-3,972 .03%of Total=$155.25 Nevada WSC-1,093 Flat Fee-$125.00 Collin County MUD#1-xxxx Flat Fee-$125.00 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $154.11 EQUIPMENT RENTAL COST $1,072.00 EARLY VOTING $1,656.10 ELECTION DAY $236.50 ADMINISTRATIVE EXPENSES $36.00 TABULATION/PROGRAMMING COSTS $795.58 CENTRALIZED COSTS $828.00 Total $4,778.29 10%Administrative Fee $477.83 Grand Total $5,256.12 90% Deposit due by 4/07/17 $4,730.51 Wylie City Council AGENDA REPORT 'a �y�P 4+rv9Mka{ pr, �kI.P�MYYk fl'tlkMA Meeting Date: February 14, 2017 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: February 7, 2017 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, a request to amend Planned Development 1999-32 to allow for flexibility of site signage requirements. Generally located at the northeast corner of McCreary Rd and McMillan Rd. (1400 McCreary Rd.) ZC 2016-17 Recommendation Motion to approve an amendment to Planned Development 1999-32 to allow for flexibility of site signage requirements. Generally located at the northeast corner of McCreary Rd and McMillan Rd. (1400 McCreary Rd.) ZC 2016-17 Discussion Owner: Cross Development Applicant: SGA Design Group,PC. The subject property is located on the northeast corner of McMillen Road and McCreary Road. The Planned Development on the property was adopted by City Council on October 06, 1999 (PD 99-32). This amendment will only be affecting the Commercial Corridor tract of land within the PD being lot 1 and lot 2, Block A of the Creekside Retail Addition. The site is currently developed with a Neighborhood Walmart and Fuel Station. The amendment to the PD will allow for a maximum width of monument signs to be 8 feet and 6 inches and for the total number of fuel pricing signs allowed per site to be 4. One fuel pricing sign per monument sign and one per canopy face with a maximum of two fuel pricing signs allowed on one canopy. The requested amendment differs from the current sign ordinance as the current ordinance only allows for one price reader sign per site and for monument signs to only be 8 feet in width. (Sec.22-448 1.H and 2.D). Staff has reviewed the request and the changes to the signage ordinance within the PD will not negatively affect the visibility or safety in the area. Staff has also confirmed that there are other instances within the city where more than one price reader sign has been allowed. Notification/Responses: Eleven notifications were mailed to property owners within 200 feet of the proposal; none were retuned in favor or in opposition of the request. 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Boulder#550 Tulsa,Ok 74135 ®BLKIABST1 LOT/TRACT I TAX I.D.# I PROPERTY OWNER NAME I ADDRESS Applicant- Chris Evertz 1437 S.Boulder#550 1 SGA Design Group,PC Tulsa,Ok 74135 Creekside Retail PO Box 8050 Mail Stop 0555 2 BIk A Lot 1 R-10697-00A-0010-1 Walmart Real Estate Trust Bentonville,AR 72712 Creekside Retail PO Box 8050 Mail Stop 0555 3 Blk A Lot 2 R-10697-00A-0020-1 Walmart Real Estate Trust Bentonville, AR 72712 Garnet Hill Addn 1500 Waters Ridge Drive#22 4 Blk A Lot 1 R-9389-00A-0010-1 SRB Partners, LLC Lewisville,Texas 75057 Creekside South Apts 6010 W. 62nd Street 5 Blk A Lot 1 IR-10741-00A-0010-1 Creekside South Apartments LLC Indianapolis,IN 46278 Creekside Estates 1 1415 Laura Drive 6 BIk E Lot 5 I R-5128-00E-0050-1 Vitor Berlizov Wylie,Texas 75098 Creekside Estates 1 3900 Ruthridge Drive 7 Blk E Lot 6 I R-5128-00E-0060-1 Juarez Family Trust Plano,Texas 75074 Creekside Estates 1 1411 Laura Drive 8 BIk E Lot 7 I R-5128-00E-0070-1 Norma Osei Wylie,Texas 75098 Creekside Estates 1 11070 Hiskey Lane 9 Blk E Lot 8 I R-5128-00E-0080-1 Mohammed Memon Tustin,CA 92782 Creekside Estates 1 3415 Melvin Drive 10 Blk E Lot 9 I R-5128-00E-0090-1 William Dorris Wylie,Texas 75098 Creekside Estates 1 3413 Melvin Drive 11 Blk E Lot 10 R-5128-00E-0100-1 Susan Horn Wylie,Texas 75098 SFMHP 1900 16th Street#950 12 Abst 589 Tract 9 R-6589-000-0090-1 Yes Companies Key, LLC Denver,CO 80202 13 14 15 16 17 Wylie City Council Ppps AGENDA REPORT 'a yP 4+rv9Mka{ pr, �kI.P�MYYk fl'tlkMA Meeting Date: February 14, 2017 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 23, 2017 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, approval of a Replat for Inverness Pharmacy Addition, creating one lot on 1.901 acres, generally located southeast of FM 544 and Regency Drive. Recommendation Motion to approve a Replat for Inverness Pharmacy Addition, creating one lot on 1.901 acres, generally located southeast of FM 544 and Regency Drive. Discussion APPLICANT: Vasquez Engineering, LLC OWNERS: Eagle Drive Investments, LLC The property totals 1.901 acres and will create one lot by combining an existing lot that measures 0.901 acres with an unplatted tract of land that measures 1 acre. The lot will be labeled as Lot 1, Block B of the Inverness Pharmacy Addition. The lot will be zoned in the commercial corridor district and will be developed with a Pharmacy that measures 6,421 sf. The plat shall dedicate the necessary rights-of-way, fire lanes, utility, construction, and drainage easements. This Replat complies with the applicable technical requirements of the City of Wylie. PLANNING& ZONING COMMISSION DISCUSSION: The Planning and Zoning Commission voted 7-0 to recommend approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 T--- ,,,,r..„„,„,, .,_, . ,_. PC'NT OF GNNING miln'", —; .PPP a ess yB�i s ac2 N80'0000 E 320.37' L3 e,r 22 >// ar OL rzo1 PC rzrzwu gm"surrw ..: eze,....n ,0" .. 1 Pei,mcre ppritipplori,,pleccpbpc ap.folIops x PIP, lig dI ��i RE- I n BF Ld ere,recorded ip Popp,201,,Pnge.9,Pla-.,ielpi.i, Col,Count:. $-2 yr rc FiAL to,distance of.326,feet ii,o a ii2,nch Top iip.,tsJni,fo-tnc most poili a-,Northeast eOrne, w w so� i I dd A ilip price,1.45 feet,a I,P2 n,li-on rod se,.for co,ner,same tieing Pile Sou,spipt por,r oi oryv ms�ru. — \ usu,x.vt 3 WEAN-OFF. LOT 1 BLOCK B TPENCE r ara»Pc.xa� INVERNESS PHARMACY ADDITION It LOT 1,BLOCK S INVERNESS PHARMACY ADDITION °\ \ N �,0 F DR059 AREA Or h Q .N ,a \ 82.830 SO.FT.OR 1.901 ACRES I/ F P \ NET AREA / _— — E 1 J%360 SO.FT.CR 1.620 ACRES / Sd �J a vx'l' �� cssuur _ o - I m.ms auo I I _' 1'— T T Z w�c ai.yr SSQ'SH'O6'E 6 . 21.00 Nov,c -a 5aoa .,..n_r n, fLr y 13 e yr ms ° l dipipnce., Pi 346, et to, t _ a rood ara -ie 5 qi rz J ,I 9 z Igl 1Pissuar 0 0 m s-.s.0 / 55 v ss,m zi- 6 east rig,,PON I,,said Easeime,(P,Hrip,.Pi,,,,),a d stcnos of,,ie;:t to a £ / oe >> ut c01 e0 .,e o d La 2, en �+ VOL.POW,as see uo 7 m asrvsss cnM=us ° m e >°.s>µ i m oF sd I I "•a°""I .c.rl}o d„u.,s PKisr SOS 52'AS"W 348.13 s L_POO oc,PPP d 2aa/zo.ae, vat zoc/v,,.eae BUSINESS CAMP, s 9 �� — PRELIMINARY FOR REVIEW ONLY I 25 , E RJE ODE I ur 1_ NAPING C F x RAMOS SMETA -D CD ec 71 ae -.I.ae' oT sc _5Ci .« oe _ D' 90 oo N s 73 PP l COLIN,o..,,Ra<xF a ,S2' 300' 9v vro I,as-.o A/m, �n g_ ao co a s O' .,o-mF . e°.,> °„..,>,,, °rx>°.>°rx,°a�,„> >, d==Ea s I r r REPEAT INVERNESS PHARMACY ADDITION LOT t BLOCK B >d° BEING r RFAI a I m TRACT a- I..nYc j IN THE WILKAM SACHSE„KVEY Ace 12, a CITP p _IN IT TEXAS,AIvL NULL F LO i n vo.,,, .°.. x�a ,.� OFY E, oL�,.ix 2 BLOCK 3 JAC d DD 00 AN ADD,ION TO ENE CM, I OF AriPHLEIE,E,C5OLRLEIV 0 T=X (KD::Nr E PLAT 1 'I •. ,:°,„e IN ESAI,TRACT TR r L MC,SY DEED AID CONVEYED 10 EAGLE RFP- h1 I.I it 2 20"60 0 1 1 J. FF P'_l3 IC REC;,FES, I SCELN )1A Y TEXAS. i e h .ae, Stoternerli a i irnzl,e / ��°" "°' ,e �' _ PEISSEE & M roKIN S IPVAYINC, LLC 1 GRAPHIC SCALE N w v.p eN•SNrSu r, ow ',PET // s / _ 7 i o �i 77777 d777 � Wylie City Council k� Y1. , AGENDA REPORT 'a yP 4+rv9Mka{ -N r.MYYk fl'tlkMA Meeting Date: February 14, 2017 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 11, 2017 Budgeted Amount: Exhibits: 2 Subject Consider, act upon, Ordinance No. 2017-06 authorizing the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017-01A Recommendation Motion to adopt Ordinance No. 2017-06 authorizing the annexation of approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line. 2017-01A Discussion This annexation is at the request of Dallas County and defined as Orphan Roads. Orphan Roads are all or part of a street or road right-of-way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality(or municipalities) abuts or extends into the right-of-way. Dallas County has completed the following upgrades: 3" asphalt overlay (1" level up and finished with 2"mat),including striping and additional maintenance in the 2800 block of Sachse Road on the east and west bound lanes and in the eastbound lane adjacent to Woodbridge Phase 16 housing development. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and/or emergency services within these rights-of-way. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 28, 2016 and January 11, 2017 First Public Hearing January 10, 2017 Second Public Hearing January 24, 2017 Adoption of Ordinance February 14, 2017 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2017-06 AN ORDINANCE ANNEXING APPROXIMATELY 3,100 LINEAR FEET OF SACHSE ROAD FROM MUDDY CREEK TO THE DALLAS/COLLIN COUNTY LINE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and; WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property within the extraterritorial jurisdiction of Wylie and defined as an Orphan Road by Dallas County; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan (Exhibit B) has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation at the public hearings; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20t ) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE Ordinance 2017-06 Annexing approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby amended by amending the Zoning Map of the City of Wylie that the said Property being described in Exhibit "A" (Location Map) attached hereto and made a part hereof for all purposes is hereby annexed to Wylie. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of February, 2017. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:February 22,2017,in the Wylie News Ordinance 2017-06 Annexing approximately 3,100 linear feet of Sachse Road from Muddy Creek to the Dallas/Collin County line LOCATIONMAP 2017-01A EXHIBIT “B” CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA Orphan Road ANNEXATION ORDINANCE NO.: 2017-06 DATE OF ANNEXATION ORDINANCE: February 14, 2017 MILESANNEXED:.6miles (1.35 acres) SURVEY, ABSTRACT & COUNTY:Public Street Right-of-Way for approximately.6mile segment of Sachse Roadfrom Muddy Creekto the Dallas/CollinCounty Line. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A.POLICE SERVICE 1.Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends policeservice to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2.As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effectivedate of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3.Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1.Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2.As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area EXHIBIT “B” the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3.Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C.ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1.Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2.Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3.Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4,The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5.All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6.As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D.PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City’s Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT “B” E.PARK AND RECREATION SERVICES 1.Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2.Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3.Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F.SOLID WASTE COLLECTION 1.Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2.As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City asto frequency, changes and so forth. 3.Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G.STREETS 1.The City’s existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City’s standards and specifications, that street will not be maintained by the City. 2.As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participationin the costs thereof, acceptance upon completion and maintenance after completion, shall apply. EXHIBIT “B” 3.The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4.Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H.WATER SERVICES 1.Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2.As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3.Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4.Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I.SANITARY SEWER SERVICES 1.Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2.Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3.As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years EXHIBIT “B” from the effective date of the annexation ordinance and substantially completed within four and one-half (4 1/2) years after that date. J.MISCELLANEOUS 1.Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2.General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3.Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, landuse and population density are considered a sufficient basis for providing different levels of service. 4.The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Wylie City Council AGENDA REPORT February 14, 2017 4 Meeting Date:ItemNumber: (City Secretary’s Use Only) Library Department: Rachel Orozco Prepared By:Account Code: January 21, 2017 Date Prepared:Budgeted Amount: Library Board Applications Exhibits: Subject Consider,and act upon, the appointment of a new Library Boardmember,__________,for the unexpired term of February 2017to July 2017per the City Charter Section 2(c), article VIII to replace Mrs. Karen Adams. Recommendation Motion to appoint_____________ asa new Library Board memberfor the unexpired term of February 2017to July 2017to replace Mrs. Karen Adams. Discussion Mrs. Karen Adams, a long-time volunteer with our Wagging Tales program in addition to being a Library Board member passed away in November 2016. Staff is requesting Council appoint areplacementfor the unexpired term ofFebruary 2017-July 2017.Applications for citizens wishing to serve on the Library Board are attached. (Rev 01/2014)Page 1of 1 Wylie City Council AGENDA REPORT Meeting Date:February 14, 2017 ItemNumber:5 (City Secretary’s Use Only) Department:Planning Renae’ Ollie Prepared By:Account Code: December 19, 2016 Date Prepared:Budgeted Amount: 1 Exhibits: Subject Tabled from 01-10-2017 Remove from table and consider Consider and act upon a request to provide alternative roofing options to the current cedar shingle roof located at 301 N Ballard Avenue, for City of Wylie Brown House. Recommendation Tabled from 01-10-2017 Remove from table and consider Motion to approve Grand Manor by CertainTeed as an alternative roofing optionto the current cedar shingle roof located at 301 N Ballard Avenue, for City of Wylie Brown House. Discussion OWNER: City of Wylie APPLICANT: Robert Diaz This item was tabled in order to allow council members an opportunity to visit existing structures with the proposed roof shingles. The subject property suffered major damage to the roof during the April 11, 2016 hail storm. The Brown House is a City owned recreation facility. The Applicant is seeking alternative roofing options to the current cedar shingle roof. The current roof only has the cedar shingles and no plywood decking under the shingle. Therefore in addition to the extensive roof damage there was also interior damage after the roof failed and hail/water entered the building. Alternatives to the cedar shingle would be a Grand Manor by CertainTeed in a gray/slate color. The product is a fiber glass base shingle with randomly applied tabs and authentic depth and dimensions of natural slate. Upon further discussion with council, a more authentic cedar look was requested. Attached is additional information about a product from DaVinci Roofscapes which has a Class A fire rating and a lifetime warranty. Installation of this produce does require a roof decking. Staff has had additional discussion with the Texas Historical Commission in regards to the roof replacement. The project is required to be submitted for review by the THC staffand we expect that the THC will recommend the roof be replace with material matching the existing roof –cedar shingles. While asynthetic cedar shingle may not be recommendedby the THC, the house would not lose its historical site designation because roofing types are reversible. (Rev 01/2014)Page 1of 1 Page 2of 2 HRC DISCUSSION: The Commission discussed with staff the various options and color. The preferencewas to go with a neutral color. The Commission voted 6-0to recommend approvalto the City Council. Choosing the ideal roof to protect and enhance your home The DaVinci Difference. Single-Width Shake Single-Width Slate A Safer & More Secure Roof The Right Choice Is The Choice You Only Make Once. * TESTING SUMMARY Type of TestStandardResults * TECHNICAL SPECIFICATIONS DaVinci SHAKE Widths Thickness at Butt Weight/Square DaVinci SLATE Widths Thickness at Butt Weight/Square Virtually Limitless Color Options stand Need Help? ® offers a selection of EcoBlend ® ® DaVinci Roofscapes www.davinciroofscapes.com800-328-4624. Multi-Width Shake Colors DaVinci Shake Multi-Width recalls the craftsmanship and authenticity of natural, hand- split cedar shakes, with durability and a lifetime warranty. The deep-grained, multi-width tiles are available in six standard color blends. ChesapeakeMountain Autumn Weathered Gray Tahoe New Cedar Contact a DaVinci project specialist to learn more about how you can create your own color blend or custom color. www.davinciroofscapes.com NOTE: Printing reproduction of colors shown in this brochure may vary from actual product. Bellaforté Shake Colors Delivering the authenticity of real cedar shakes, Bellaforté Shake offers tremendous value to homeowners ready to go beyond the standard color blends. Mountain-VariBlendTahoe-VariBlendChesapeake-VariBlend Contact a DaVinci project specialist to learn more about how you can create your own color blend or custom color. Autumn-VariBlendWeathered Gray-VariBlend www.davinciroofscapes.com NOTE: Printing reproduction of colors shown in this brochure may vary from actual product. DaVinci Turret Package many years of experience to master the turret. In the past it was necessary to manually trim or shape each consuming method that is, in many cases, trial and error. professional roofer to quickly install a great looking custom engineered roof on virtually any turret. You provide us with 3 dimensions for the turret and DaVinci Roofscapes will create a custom engineered Turret Package just for you. You Provide: (1) Length (2) Shingle Exposure and (3) Cirmumference / Diam- Note: The Cap size TBD after shingles are About DaVinci Turret Package installed for a perfect fit Rafter length and shingle exposure determine the number of courses. *Note: maximum exposure is 7" Circumference determines the quantity of Starter Bundles and the With the radius or diameter we can calculate the circumference. All turret packages are made with Multi-Width Slate and Multi- Width Shake products. Shake Turrets are cut down from 22" to 18" in length then cut at Rafter Length - mum of 7" exposure. Base Circumference or Diameter What You Get DaVinci Roofscapes formulation coursing rows, pre-cut tiles and labeling each row according to the dimensions given All color and random size collation--sent out in bundles according to the row that the tiles correspond to on the turret Stage 3: Smaller width shingles pre- Stage 3: Smaller width shingles pre-cut for cut for smaller radius around the top. (Note: Small tiles for the top rows will be color collated: exact smaller radius towards the top. supply more pieces than required for each row number which will allow for normal random size selection as the tiles are Stage 2: Transfer Bundles Stage 2: Transfer Bundles – applied). - all are pre-cut. some are pre-cut All DaVinci Turret Packages are palletized and labeled respectively. A Turret pallet will include the pre-ordered starter tiles and all Stage 1: Field Bundles Stage 1: Field Bundles -all are pre-cut. www.davinciroofscapes.com 13890 W. 101st St. Lenexa, KS 66215 913-599-0766 800-328-4624 Wylie City Council AGENDA REPORT February 14, 2017 Work Session Meeting Date:ItemNumber: (City Secretary’s Use Only) City Manager Department: Mindy Manson Prepared By:Account Code: February 7, 2017 Date Prepared: Exhibits: Subject Hold a Work Session to discuss a potential multi-family mixed use development on approximately 20 acres, generally located southeast of S.H. 78 and south of Alanis Drive. Recommendation No action Discussion Applicant: OM Housing The applicant approached the City with a request to develop a multi-family mixed use development on approximately 20 acres at the southeast corner of S.H. 78 and Alanis. Pursuant to the requirements set forth by the Texas Department of Housing and Community Affairs (TDHCA), a Resolution of Support for the affordable rental housing project is sought to indicate the local endorsement of the proposed project.. (Rev 01/2014)Page 1of 1 VILLAS at ALANIS CROSSING PROJECT MERITS OM HOUSING o o o o o o o o o o o o o o o o o o o o AwardsandRecognitions: Nominatedforthe2013DallasBusinessJournalFINALISTfor: BestGreenBuildingoftheYear BestRehab/ReuseBuildingoftheYear BestSuburbanMultifamilyoftheYear BestCommercialProjectoftheYearΑIrving. Winnerof: BestSuburbanMultifamilyoftheYearWINNER. BestCommercialProjectoftheYearWINNER. TVNewsFeaturedin: CBS11ΑBritainWaywasthespotlightforsettinganexampleonreducedcrimelevelsinIrving. http://dfw.cbslocal.com/2013/02/13/irvingcrimeratedropstorecordlow/ NBC5ΑBritainWaywasthefeatureforbeingthefirstLEEDGoldCertifiedProjectinIrving. http://www.nbcdfw.com/news/local/AffordableHousingComplexGetsMultimillionDollarMakeover 187941091.html ICTNΑCityofLƩǝźƓŭ͸ƭreleaseonBWA: ICTNCommunityOne:http://www.youtube.com/watch?v=u2DJl9QlvMk LettersofRecognitionfrom: StateofTexas. StateRepLindaHarperBrown. CountyCommissionerDr.ElbaGarcia. CityCouncilofCityofIrving. TheGreaterIrvingLasColinasChamberofCommerce CityStaffatCityofIrving. HispanicChamberofCommerce. VeryFirstProjectinIrvingtoberecognizedas ͻDƚƌķCertifiedCommunityΑOne ͼ͵ Dallas Business Journal and further reproduction by any other party is strictly prohibited. Copyright ©2013 Dallas Business Journal, 2515 McKinney Avenue, Suite 100, Dallas TX 75201. 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