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02-25-2014 (City Council) Agenda Packet Wylie City Council CITY O F WYLIE NOTICE OF MEETING Regular Meeting Agenda February 25, 2014— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver 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: wwv wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.w lietexas.avv. 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 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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. February 25, 2014 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 the February 11, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for January 31, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2014. (L. Bantz, Finance Director) D. Review, and place on file, the 2013 Wylie Police Department Annual Traffic Contact Report. (J. Duscio, Police Chief) E. Consider, act upon, Ordinance No. 2014-06, an Ordinance annexing a certain 62.744 acre tract of land situated in the Guadalupe de los Santos Survey, Abstract no. 1100, Collin County, Texas, and Abstract No. 1389, Dallas County, Texas, described in deed to Wylie DPV limited partnership as recorded in document number 201300334380, official public records of Dallas County Texas; 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. (R. 011ie, Planning & Zoning Director) F. Consider, and act upon, Resolution No. 2014-03(R) authorizing the appointment of Arthur Maldonado as City of Wylie Municipal Court Judge. (L. Rant, Finance Director) G. Consider, and act upon, Ordinance No. 2014-07 of the City of Wylie, Texas, amending ordinance no. 2013-35 (2013-2014 budget) and approving an appropriation of funds in the amount of $3,500.00 from the Facilities Fund to the Fire Department Buildings Fund; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (J. Butters, Ass. City Mgr) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural (A/30) to Single Family-10/24 District (SF-10/24) to allow for single family detached residential houses on individual lots of minimum 10,000 square feet in size; on approximately 31.414 acres generally located south of E. Brown Street and west of Country Place Lane. ZC 2014-01 (R. 011ie, Planning & Zoning Director) Executive Summary The applicant is requesting to establish permanent zoning on approximately 31.414 acres (4 tracts); generally located south of E. Brown Street and west of Country Place Lane. Currently, the vacant property is zoned Agricultural (Ag/30) and the request is for (SF-10/24) single family detached residential zoning for the creation of Castle Park Subdivision. February 25, 2014 Wylie City Council Regular Meeting Agenda Page 3 of 3 Tabled from January 28, 2014 Motion to remove from the table and consider: 2. Consider and act upon, a variance to the street widths defined in Part 3, Section II of the City of Wylie Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards for the Inspiration development located in the extraterritorial jurisdiction of the City of Wylie. (C. Hoisted, City Engineer) Executive Summary The Inspiration development is a 694 acre master planned community located within the extraterritorial jurisdiction (ETJ) of the Cities of Wylie, Lucas, and the Town of St. Paul. The development portion within the City of Wylie ETJ is subject to the subdivision rules and regulation of the City of Wylie. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit. §§Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion involving the disposition of a City Facility that no longer has a primary function in the delivery of City Services. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive 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 attomey 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 1 certify that this Notice of Meeting was posted on this 2r day of February, 2014 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..cov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, February 11, 2014— 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 Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones (arrived at 6:19 p.m.), Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATIONS • "Shining the Wylie Way" — 2nd 9 Weeks Mayor Hogue and Mayor pro tem White presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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. There were no citizens present wishing to address council during citizen comments. Minutes February 11, 2014 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 the January 28, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Preliminary Plat for Wylie West Addition, Block A, Lots 2 & 3 establishing two commercial lots on 1.143 acres, generally located east of Hooper Road and south of FM 544, immediately northwest of Woodbridge Centre Phase 1 (Kroger Marketplace). (R. 011ie, Planning&Zoning Director) C. Consider, and act upon, approval of a Final Plat for Wylie West Addition, Block A, Lot 1 establishing a commercial lot on 1.082 acres, generally located east of Hooper Road and south of FM 544. (R. 011ie, Planning& Zoning Director) Council Action A motion was made by Mayor pro tem White, seconded by Councilman Wintters to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for Century Business Park Addition, establishing two commercial lots on 1.7216 acres, general located on the northeast corner of South State Highway 78 and Century Way. (R. 011ie, Planning&Zoning Director) Staff Comments Planning Director 011ie addressed council stating that the property encompasses a total of 1.7216 acres currently on one lot. Lot 1 R is an existing restaurant (Dickey's) with drive thru use. Lot 1 R- A is a proposed commercial lot totaling 0.6945 acres. No use has been proposed for Lot 1 R-A at this time. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:23 p.m. asking anyone present wishing to address council during the public hearing to come forward. No one was present wishing to address council during the public hearing on Item #1. Mayor Hogue closed the public hearing at 6:24 p.m. Minutes February 11, 2014 Wylie City Council Page 2 Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve a Replat for Century Business Park Addition, establishing two commercial lots on 1.7216 acres, generally located on the northeast corner of South State Highway 78 and Century Way. A vote was taken and the motion passed 7-0. 2nd PUBLIC HEARING 2. Conduct the second Public Hearing for the annexation of approximately 62 acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1100, Collin County, Texas, and Abstract No. 1389, Dallas County, Texas, generally located southeast of Pleasant Valley and east of Ballard Avenue. (R. 011ie, Planning & Zoning Director) Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of the property owner, Wylie DPV, LTD. The subject tract is contiguous to current property under the same ownership and bordered on the northeast by properties lying within unincorporated Collin and Dallas Counties. The applicant desires to bring the subject tract into the City and develop it in accordance with Planned Development 2013-37 District. Public Hearing Mayor Hogue opened the second public hearing on Item #2 at 6:28 p.m. asking anyone present wishing to address council during the public hearing to come forward. No one was present wishing to address council during the public hearing on Item #2. Mayor Hogue closed the public hearing at 6:29 p.m. Consideration of final approval of this annexation is scheduled for the March 11, 2014 City Council meeting. WORK SESSION • Hold a work session to discuss the Thoroughfare Plan recommendations. (C. Holsted, City Engineer) City Engineer Hoisted addressed council stating that the City of Wylie Thoroughfare Plan was last updated in 2004. As part of the update to the thoroughfare impact fees, the plan is being revised to reflect the needed capacity in future roadways as well as showing the existing and future roadway alignments. The plan also incorporates the proposed changes included in the 2013 Collin County Mobility Plan. One of the major discussions was with regard to Park Boulevard as a major thoroughfare from SH 1378 to SH 78. Two options were being reviewed for feasibility. One to connect through Eubanks Lane and the other to connect through Springcreek. Minutes February 11, 2014 Wylie City Council Page 3 RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:07 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Scott to adjourn the meeting at 7:07 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes February 11, 2014 Wylie City Council Page 4 OF Wylie CityCouncil Y 7. AGENDA REPORT Meeting Date: February 25, 2014 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: February 14, 2014 Budgeted Amount: Exhibits: Monthly Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for January 31, 2014. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for January 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 1 2013-2014 Investment Report January 31, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,525,092.15 MMA 0.0273% Texpool 12/31/2006 NA 2 $15,041,942.14 MMA 0.0303% TexStar 3/15/2011 NA $29,567,034.29 Total Weighted Average Coupon: 0.03% Money Markets: $29,567,034.29 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,567,034.29 OF r Wylie CityCouncil Y - AGENDA REPORT Meeting Date: February 25, 2014 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: February 14, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider and place on file, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2014. Recommendation Motion to approve, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 ��U�-^� ���� ��� CITY� ��^ vv / x-^�- MomT*c(nwAmowLnEpoRT January o1.un14 xmmuAL CURRENT YTD ACTUAL aen" ~=m BUDGET MONTH ACTUAL YTo4oTuAL Aa4PERCENT 33.33Y6 ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 4.204.011 14.100.737 74.91% A FRANCHISE FEES 2.383.500 491.331 524.434 21.81% B LICENSES AND PERMITS 506.000 41.059 187.048 34.81% INTERGOVERNMENTAL REV. 772.590 38.515 278.830 36.09% SERVICE FEES 2.880.180 271.571 782.030 26.18% C FINES AND FORFEITURES 297.000 22.087 71.038 23.92% INTEREST INCOME 15.000 218 943 028% D MISCELLANEOUS INCOME 205.500 15.788 30.885 13,93% OTHER FINANCING SOURCES 1.789.098 O 1.788.098 100.00% E REVENUES 27.e0e.406 5.145.6ee 17.781.144 63.71Y6 USE OF FUND BALANCE 1.407.800 NA NA wx r USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA wx TOTAL REvEmusa ue.*oo.uon NA NA mx GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 -881 34.734 3825% G CITY MANAGER 818.787 57.767 218.170 2677% CITY SECRETARY 207.723 18.185 73.725 27.54% CITY ATTORNEY 148.000 15.530 27.051 1828% FINANCE 881.753 72.471 327.038 33.37% FACILITIES 574.501 20.202 142.830 24.80% MUNICIPAL COURT 208.889 17.844 80.588 29.97% HUMAN RESOURCES 217.379 14.148 70.948 32.04% PURCHASING 84.007 0.985 27.831 29.00% INFORMATION TECHNOLOGY 1.044.980 39.537 432.025 41.34% H POLICE 6.090.088 028.222 2.423.533 36.19% FIRE 6.068.530 418.135 1.819.443 29.98% EMERGENCY COMMUNICATIONS 1.244.389 72.007 308.201 29.59% ANIMAL CONTROL 377.556 20.855 117.915 3123% PLANNING 507.676 30.987 151.671 29.88% BUILDING INSPECTION *13.350 31.471 157.705 3072% CODE ENFORCEMENT 241.704 14.268 04.527 2670% STREETS 1.885.447 103.717 410.480 22.09% PARKS 1.895.531 183.640 538.584 28.41% LIBRARY 1.535.632 109.852 529.545 34.48% COMBINED SERVICES 3.802.559 205.820 1.410.926 3570% TOTAL EXPENDITURES 2e.435.250 2.218.752 9.441.077 32.07% REVENUES ovEmxumoEn)EXPENDITURES -2.e** 2.92e.e*7 8.3*0.067 31.64% x. Property Tax Collections for FY13'14anof January 31 are 89.85%.in comparison tuFY12'13 for the same time period 88.33Y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. D. Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Other Financing Sources includes the annual transfer from the Utility Fund. F.Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service. G. Due to one-time expenditures including annual dues and subscriptions.This will level out throughout the fiscal year. H. Due to one-time expenditures including annual system support and maintenance.This will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT January 31,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 33.33% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 925,096 3,072,168 22.29% INTEREST INCOME 7,000 101 606 8.66% MISCELLANEOUS INCOME 42,000 3,977 15,603 37.15% OTHER FINANCING SOURCES 5,219 0 5,219 100.00% REVENUES 13,837,219 929,174 3,093,596 22.36% USE OF FUND BALANCE 425,500 NA NA NA J TOTAL REVENUES 14,262,719 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,876 18,410 106,904 36.13% K UTILITIES-WATER 1,798,327 259,086 619,121 34.43% CITY ENGINEER 539,511 31,925 122,206 22.65% UTILITIES-SEWER 800,161 80,287 354,815 44.34% L UTILITY BILLING 350,944 20,858 92,815 26.45% COMBINED SERVICES 10,447,336 566,014 4,139,357 39.62% M TOTAL EXPENDITURES 14,232,155 976,579 5,435,219 38.19% REVENUES OVER/(UNDER)EXPENDITURES 30,564 -47,405 -2,341,623 -15.83% I.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. J.Use of Fund Balance: For Replacement/New Fleet&Equipment. K. Due to one-time expenditures including annual water system fees. This will level out throughout the fiscal year. L.Due to one-time expenditures including purchase of new vehicles. This will level out throughout the fiscal year. M. Due to annual transfer to the General Fund. This will level out throughout the fiscal year. Wylie City Council AGENDA REPORT Meeting Date: February 25, 2014 Item Number: D Department: Police (City Secretary's Use Only) Prepared By: Police Account Code: Date Prepared: January 16, 2014 Budgeted Amount: Exhibits: 1 Subject Review, and place on file, the 2013 Wylie Police Department Annual. Traffic Contact Report. Recommendation A motion to place on file,the 2012 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 2013 Wylie Police Department Annual Traffic Contact Report meets all requirements of SB 1074. (Rev 01/2014) Page 1 of 1 _Nt .‘ vk 1 A v 1'1-k i,,,t'r -i:*.;,:'''i,',',, ,,-AW.:-:',;;'.';',Z;;:=1.',.-;,';,',./.':,,k,'74.,..-wi,4-1-ivf,1,2-. ,,,..- .,,--,,';'-'1',',,,,,,-:-2:,:'i'i'l'-i'k'';','''. r., rc _ A ..,, _4,, -A. ,,,,,,,,.%),‘Sk ,,..„,„,-„,„,,,pv,t,,,, ,,J,--,,,,,t,-„,,:„.„„„,,,,,,,,,„,,,,,,,„„„,,,,,,,,,,,,,,„„„ „,„ „„„,,,„,,,„, r ..1 Al sl V t 1 4- , t --'... ',-.45-,N4A-ft,zt;:w.-,-.17':-.„'-';- --"z.--3;,-,v,tz,-,t,„,gieke,-.,-2---..--,,..-,.----.-,:-:„,,,,,- - - „ e k V ''I \ \ \\ \ t x e \it x t s' � 14 a 7,, II -.T.74#— 11; r ''*1 1/211" tlt'1*‘IN‘Al. 1 14(k 7Nilk''' ' '''''' , . - ,—,, ,„ . .— ',' .' .,...‘-‘ -ytKi„At l''' ' ' ,..,..,.._„, .E*.t'Ali^l‘ i.\\It ' , ; .; , , . 7„E;,. ,; - � ,, � ; I" '; 4\ Ikk w-A, J.;1 1- -1 I '1 ' I'i'AI '''l `; h �Lt. � ' ,.. ems.,p :mac. --___-i rr _ �'s 1 ,. { ill' , t;:l'::-:::1';'1', 13,., '++✓ - ___ __- -_'t 4 -11 fez- ... :. �*. ,1: '1 - ' ' . - . , - . 'Wool), ititi'3!0-I!'A-------.:-:'Erili-ilrili ''.',N.'-' 'A.' t. ti A% .,' '' ..§:11 4 ' . ' ' ' p, �. ::?:'I . g 0 6444444 E 447--;477,- 1‘4C, v, ,41 rl. ;I 1 \E;t‘ r,2 t 110 I # = , - ,,- , . 1I t.AI ;A , { (I) Introduction Opening Statement January 19, 2014 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 the Texas Racial Profiling Law in 2001. Since, 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. In this report, you will find three sections that contain information on traffic and motor vehicle-related contact data. 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 1, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial Profiling Law. In addition, you will find the Texas HB 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 TCOLE (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 1/1/13 and 12/31/13. In addition, this section contains the TCOLE Tier 1 form, which is required to be submitted to this particular organization by March 1st of each year. The data in this report has been analyzed and 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, Ph.D. Del Carmen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCOLE Guidelines d) The Texas Law on Racial Profiling (S.B. 1074) e) The Most Recent Legal Requirements (H.B. 3389) (II) 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 (2013)/Known Ethnicity and Race of Detained and TCOLE Tier 1 Foim f) Table Depicting Baseline Comparison (2013) g) Twelve-Year Data Assessment (02-13) h) Analysis and Interpretation of Data(2013) (III) Summary a) Checklist b) Contact Information TCOLE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 .1 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The 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 clarify 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, after 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. Commentary Article 2.131 of the TCCP 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 defmes 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 peace 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 limit the required policies to just 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 of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated 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 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds 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 enforcement 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 funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." Standard 3 The 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 and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier 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"a particular descent, including Caucasian,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 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected, e.g.,hazardous traffic,non-hazardous 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 1,2003. 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 funds 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 in 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 provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100%search rate would be skewed data when compared to a 50%rate 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 The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be 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 installing 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 filed. 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 Transportation 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. The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection(b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer infoiniation relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the infoiiiiation compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio e ui ment as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement 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 funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from 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 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of infoiiiiation as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) 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 522 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) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [ 8 ] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin 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 information 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, 2002. 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 1, 2003, and ending December 31, 2003. 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 Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), 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. SECTION 11. 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, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House 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 I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by anon-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor Most Recent Legal Requirements (H.B. 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66) ; (B) SECTION 24, amending Article 2.132 (b) , Code of Criminal Procedure (page 8, lines 19-53) ; (C) SECTION 25, amending Article 2.134 (b) , Code of Criminal Procedure (page 8, lines 54-64) ; (D) SECTION 28, providing transition language for the amendments to Articles 2.132 (b) and 2 .134 (b) , Code of Criminal Procedure (page 9, lines 40-47) . (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION . Article 2 .132, Code of Criminal Procedure, is amended by amending Subsections (a) , (b) , (d) , and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle [traffic] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [or] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [traffic] stops in which a citation is issued and to arrests made as a result of [resulting from] those [traffic] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [person] 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 (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [to thc govcrning body of ach county or municipality served by thc agcncy] an annual report of the information collected under Subdivision (6) to: (A) the Commission 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. (d) On adoption of a policy under Subsection (b) , a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffio] stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b) (7) may not include identifying information about a peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b) (6) (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b) (7) , the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2 .133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133 . REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAN] STOPS. (a) In this article, "race [1- [ (1) "Race] or ethnicity" has the meaning assigned by Article 2.132 (a) . [- 2-) "Pedestrian step" means an interpetien between a pcacc officcr and an individual who ic bcing- detained for the • individual s net under arrest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [regulating pcdcstrian for any cucpcctcd offence] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [cach] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person' s race or ethnicity, as stated by the person or, if the person does not state the person' s race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traffic law or ordinance alleged to have bccn violated or thc suspected offense] ; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [thc typo] of the contraband or evidence [discovered] ; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [e -s-te4-a4- he-fpcts supporting the existence of that probable cause] ; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop [, including a description of the warning or a statement of thc violation charged] . SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle [, "pedestrian] stop" has the meaning assigned by Article 2.132 (a) [m ans an interaction bctwccn . . . . under arrest] . (2) "Race or ethnicity" has the meaning assigned by Article 2 .132 (a) . (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133 . Not later than March 1 of each year, each [local] law enforcement agency shall submit a report containing the incident-based data [information] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a manner approved by thc agency] . (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2 .133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [determine the agency] ; and (B) examine the disposition of motor vehicle [traffic and pedc.Arian] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [4:41e] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [traffic or pedestrian] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2 .133 (b) (1) . (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b) , the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2 .135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2 .134 if: (1) during the calendar year preceding the date that a report under Article 2 .134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and podcctra } stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [traffic and pedestrian] stops is equipped with transmitter-activated equipment; and (B) each motor vehicle [ ] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement 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 funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2 .134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pcdcotrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [traffic or pcdcstrian] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2 .132 (a) . SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2 .1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2. 134, the agency is liable to the state for a civil penalty in the amount of $1, 000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2 .134 shall remit to the comptroller the amount of $1, 000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102 .022 to read as follows: Art. 102. 022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708 . 052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e) . (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. (i) Funds collected under this article are subject to audit by the comptroller. SECTION . (a) Section 102 .061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102 . 061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . $25; (4) a security fee on a misdemeanor offense (Art. 102 .017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102. 0171, Code of Criminal Procedure) . . . $50 [$-S-] ; [and] (6) a juvenile case manager fee (Art. 102 . 0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102 . 022, Code of Criminal Procedure) . . . $0.10. (b) Section 102 . 061, Government Code, as amended by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102. 061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . (a) Section 102 .081, Government Code, as amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102 .081, Government Code, by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102 . 081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102 .004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102 .005, Code of Criminal Procedure) . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102. 017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102 .0171, Code of Criminal Procedure) . . . $50 [W ; (6) a juvenile case manager fee (Art. 102 . 0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102. 022, Code of Criminal Procedure) . . $0.10. (b) Section 102 .081, Government Code, as amended by Chapter 1053 (H.B. 2151) , Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167) , Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . Section 102 .101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102 . 004, Code of Criminal Procedure) . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102 .004, Code of Criminal Procedure) . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102. 004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102 .017, Code of Criminal Procedure) . . $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102 .0173, Code of Criminal Procedure) . . $4; (6) a juvenile case manager fee (Art. 102. 0174, Code of Criminal Procedure) . . . not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102 .0071, Code of Criminal Procedure) . . not to exceed $30; [and] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3 .3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . not to exceed $7; and (8) a civil justice fee (Art. 102 . 022, Code of Criminal Procedure) . . . $0.10. SECTION . Section 102.121, Government Code, is amended to read as follows: Sec. 102 .121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102 . 004, Code of Criminal Procedure) . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102. 004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102 .004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102. 017, Code of Criminal Procedure) . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; [EH144U (6) a juvenile case manager fee (Art. 102. 0174, Code of Criminal Procedure) . . not to exceed $5; and (7) a civil justice fee (Art. 102 . 022, Code of Criminal Procedure) . . $0.10. SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident-based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr. , Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2.134, Code of Criminal Procedure. SECTION . Subsection (a) , Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d) , the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapter; (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION . (a) The requirements of Articles 2 .132, 2.133, and 2 .134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102 . 022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. (II) Responding to the Law Institutional Policy on Racial Profiling WYLIE POLICE DEPARTMENT Aro . POLICY SUBJECT: Racial Profiling NUMBER: 614 EFFECTIVE DATE: January 1,2010 RELATED STANDARDS: Current policy remains in effect til January 1,2010 REVIEW DATE: , ;24) 3 APPROVED: Clef John Duscio DATED: 04/25/2013 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and nay person; to reinforce procedures that service to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of the law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race ethnicity or national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas Constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. IU. DEFINITIONS Racial Profiling: a law enforcement9initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling Racial Profiling-Page 2 of 5 pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complaints or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origins is racial profiling. Examples of racial profiling include but are not limited to the following. ▪ Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. o Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling: • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. ■ Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. Race or ethnicity: Of a particular descent, including Caucasian, African, Hispanic, Asian, Native American or Middle Eastern descent. Motor vehicle stop: means an occasion in which a peace officer stop a motor vehicle for an alleged violation of a law or ordinance. IV. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas(T.FMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLF,OSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1,2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. Racial Profiling-Page 3 of 5 D. As individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641,Education Code, as added by this Act, not later than September 1,2003. V. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial,ethnic or national origin profiling. B. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. C. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s), any employee contacted shall provide to that person instructions on the complaint process and will report any allegation of racial profiling to their superior before the end of shift. D. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. E. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. F. If there is a department video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request by the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the internet, as well as governing board meetings. Additionally, information will be make available as appropriate in languages other than English. VII. DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to motor vehicle stops in which a citation is issued or an arrest is made as a result of those stops. On the citation officers must include: 1. The race or ethnicity of the individual detained; as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; 2. The initial reason for the stop; 3. Whether a search was conducted; Racial Profiling-Page 4 of 5 4. The reason for the search, including nay probable cause or reasonable suspicion that existed to perform the search; 5. If a search was conducted, whether the person detained consented to the search; 6. Whether contraband or other evidence was found in plain view; 7. Whether the search was a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; 8. If an arrest occurred, was the arrest based on a violation of the Penal Code, traffic law, ordinance, or outstanding warrant; 9. Whether the person contacted is a resident or non-resident of the City of Wylie; 10. Whether the peace officer knew the race or ethnicity of the individual detained before detaining the individual; and, 11. Whether the peace officer issued a written warning or a citation as a result of the stop. B. The information collected shall be complied in an annual report covering the period of January 1 through December 31 of each year, and shall be submitted to the governing body of the City of Wylie no later than March 1 of the following year. The report will include: 1. A breakdown of motor vehicle stops by race or ethnicity; 2. Number of citations that resulted in a search; 3. Number of searches that were consensual; 4. Number of citations that resulted in custodial arrest for this cited violation or any other violation; and 5. The number of complaints to the department that officers were racial profiling. C. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. VIII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make motor vehicle stops shall be equipped with a video camera and transmitter-activated equipment. B. Each motor vehicle stop made by an officer of this department that it capable of being recorded by video and audio, or audio as appropriate, shale be recorded. C. This department shall retain the video and audio tapes, or digital video and audio recording of each motor vehicle stop for at least ninety (90) days after the date of the stop. I a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a motor vehicle stop, this department shall retain the video and audio tapes or digital video and audio recordings of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their motor vehicle stops. A recording of each officer will be reviewed at least once every ninety(90)days. 1. If the equipment used to record audio and video of a motor vehicle stop is malfunctioning or otherwise not operable, officers will drive a vehicle Racial Profiling-Page 5 of 5 with operable equipment. Police units with malfunctioning or inoperable mobile video camera equipment shall not be utilized, under normal circumstance. 2. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate. Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices 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 infoimed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling Training 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 LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructors Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course 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 and 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 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian 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 departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. 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 I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates 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. Whren 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 & Frisk 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 MdApp 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. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 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 reasons 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 stop today can throw suspicion on tomorrow's 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 resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify 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 from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" — "Driving While Black" — 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 Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor 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 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed 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 him/her, obtaining a warrant, etc.) 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 a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances 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 a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit — Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.tic.state.tx.us/tlo/77r/billtext/SB01074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/13--12/31/13, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/13 ---- 12/31/13. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No. 001 Alleged Racial Profiling Unfounded Violation Additional Comments: Tables Illustrating Traffic and Motor Vehicle-Related Contacts Tier 1 Data (I) Tier 1 Data Motor Vehicle-Related Contact Information (1/1/13-12/31/13) Race/Ethnicity* Contacts Searches Consensual PC Searches Custody Searches Arrests 6 � ,, wa�• 5"s M ,vw�d.b��C�.fi�"e,��,.a��a�� ,�u���� ,� ti N % N % N % N % N % Caucasian 5,661 65 396 72 219 79 177 65 257 70 African 1,238 14 68 12 27 10 41 15 42 11 Hispanic 1,340 15 78 14 30 11 48 18 64 17 Asian 175 2 4 .7 2 .7 2 .7 2 .5 Native 6 .07 2 .4 0 0 2 .7 2 .5 American Middle Eastern 224 3 2 .4 0 0 2 .7 1 .3 Other 8 .09 0 0 0 0 0 0 1 .3 Total 8,652 100 550 100 278 100 272 100 369 100 "N"represents"number"of traffic-related contacts *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,Native American or Middle Eastern". **Figure has been rounded Tier 1 Data (Motor Vehicle Contacts) 80-- 70 60- 50- (Percent) 40 30 20 10-- II I I I I 1 1 1 .RT Rt Rt� cr� L� cL� Ott . Q ci, b m ■ Motor Vehicle (Origin) Contacts Tier 1 Data (Searches) 200 180 160 140- 120 (Freq.) 100- 80- 60- 40- 20- h 0- i r r .mob MI Searches ❑ Consent (Origin) ■ PC CD n CD rt CD G, -I N W C77 C3'� �1 — 0 0 0 0 0 0 0 0 aucesian African as His pan . is _ ?' =. Native Asian �c.o' Mi America - � Ea n .� stern I ■ Other CD N N Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals Before Being Detained (1/1/13--12/31/13) Total Number of Total 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 Before Being Detained 11 8,641 Known Race/Ethnicity (Frequencies) 7000 6000-' 5000-' 4000—' 3000--' 2000 1001-' Known Race/Ethnicity ■ Not Known Tier 1 (Partial Exempti©►n TCLEOSE Form) TI F',R 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: WYLIE POLICE DEPT. Reporting Date: 01/24/2014 TCOLE Agency Number: 085201 Chief Administrator: JOHN A. DUSCIO Agency Contact Phone: 9724428170 Information: Email:john,dusciogwy-lietexas.gov Mailing Address: WYLIE POLICE DEPT. 2000 N. Hwy 78 Wylie, TX 75098 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1)—Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling WYLIE POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the WYLIE POLICE DEPT. from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the WYLIE POLICE DEPT. if the individual believes that a peace officer employed by the WYLIE POLICE DEPT. has engaged in racial profiling with respect to the individual; (4)provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to be taken against a peace officer employed by the WYLIE POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the WYLIE POLICE DEPT.'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; and Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement (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 infoimation collected under Subdivision (6)to: (A) the Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. Executed by: JOHN A. DUSCIO Chief Administrator WYLIE POLICE DEPT. Date: 01/24/2014 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement WYLIE POLICE DEPT.Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 1066 citation only 2. 369 arrest only 3. 29 both 4. 1464 Total (4, 11, 14 and 17 must be equal) Race or Ethnicity: 5 182 African 6. 33 Asian 7. 928 Caucasian 8. 295 Hispanic 9. 23 Middle Eastern 10. 3 Native American 11. 1464 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 28 Yes 13. 1436 No 14. 1464 Total (lines 4, 11, 14 and 17 must be equal) Search conducted? 15. 550 Yes 16. 914 No 17. 1464 Total (lines 4, 11, 14 and 17 must be equal) Was search consented? 18. 278 Yes 19. 272 No 20. 550 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Partial Exemption Racial Profiling Reporting (Tier 1) Video and Audio Equipment Exemption Partial Exemption Claimed by (2.135(a) CCP): ❑ 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 El In accordance with 2.135(a)(2) the agency has requested and not received funds to install the recording equipment I clai this exemption Chie d inistrator Date Tier 1 Baseline Comparison (Fair Roads Standard) (II) Motor Vehicle-Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households in DFW that have vehicle access (in percentages). (1/1/13-12/31/13) Race/Ethnicity* Contacts Households with vehicle (in #ercenta!es access in #ercenta es) Caucasian 65 60 African 14 14 Hispanic 15 19 Asian 2 5 Native American .07 N/A Middle Eastern 3 N/A Other .09 N/A Total 100 98** *Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,Native American and Middle Eastern". **Represents rounded figure Tier 1 (Motor Vehicle-Contacts and Households/10) 90f 80 70-- 60- (Percent) 50 40 30 20 10 fit` fit` o �� �� �� �&, �etr co •CC) y%,49 ©�` • qt •4* '� �� II Motor b� Vehicle- _� III Households (Origin) Tier 1 Data (Twelve-Year Comparative Analysis) (2002 2013) (III) Twelve-Year Tier I Data Comparison Comparison of Twelve-Year Traffic and Motor Vehicle-Related Contact information (1/1/02-12/31/13) Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 80 74 75 76 79 71 71 73 African 3 4 6 8 9 10 11 11 Hispanic 16 21 18 15 11 16 14 13 Asian .47 1 1 1 1 2 2 2 Native .06 0 0 0 0 .01 .05 .05 American Other .30 0 .24 .06 0 .8 1 2 Total 100** 100 100** 100 100 100** 100 100** * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent, including Caucasian, African, Hispanic, Asian, or Native American". ** Figure has been rounded. Comparison of Twelve-Year Traffic and Motor Vehicle-Related Contact Information (1/1/02-12/31/13) Race/Ethnicity* Motor Vehicle-Related Contacts (in percentages) (10) (11) (12) (13) Caucasian 72 69 67 65 African 11 13 14 14 Hispanic 13 14 15 15 Asian 2 2 2 2 Native American .01 .07 .05 .07 Middle Eastern 2 2 1 3 Other .5 .1 .2 .09 Total 100** 100 100 100 * 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. Tier 1 Data (Contacts 02-13) 1 - 0.9- 0.8 0.7 0.6- (Percent) 0.5� 0.4J 0. 3- 0.1 0 r r r C � m m L W C Q a N II Contacts 02 _ w 0 Contacts 03 ■ Contacts 04 0 Contacts 05 ■ Contacts 06 Contacts 07 • Contacts 08 ❑ Contacts 09 ■ Contacts 10 (Origin) Comparison of Twelve-Year Traffic and Motor-Vehicle Related Search Information (1/1/02---12/31/13) Race/Ethnicity* Search-Related Searches (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 79 64 59 53 81 73 68 71 African 3 1 8 2 5 11 14 12 Hispanic 18 34 31 44 14 15 16 15 Asian 0 .6 0 0 0 1 2 2 Native 0 0 0 0 0 0 0 .3 American Other 0 0 2 0 0 .3 .2 .3 Total 100 100** 100 100 100** 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American . ** Figure has been rounded. Comparison of Twelve-Year Traffic and Motor Vehicle-Related Search Information (1/1/02---12/31/13) Race/Ethnicity* Motor Vehicle-Related Searches (in percentages) (10) (11) (12) (13) Caucasian 68 67 73 72 African 14 15 15 12 Hispanic 17 16 11 14 Asian 1 1 .4 .7 Native American 0 0 0 .4 Middle Eastern .7 1 1 .4 Other 0 0 .2 0 Total 100** 100** 100 100 *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. Tier 1 Data (Searches 02-13) 1 0.9 0.8 0.7 0.6 (Percent) 0.5 0.4 0.3 0.2 0.1 0 1 I I I I 1 f C C 0 C C C L co Cl .. . w cg izt. 112 0 m 0 Lu Contacts 02 = Q Contacts 03 > ■ Contacts 04 :el 0 Contacts 05 z Contacts• 06 Contacts 07 MI Contacts 08 © Contacts 09 ■ Contacts 10 (Origin) Comparison of Twelve-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02-12/31/13) Race/Ethnicity* Motor Vehicle-Related Arrests (in percentages) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 77 43 57 50 67 66 67 66 African 3 1 4 7 12 12 13 15 Hispanic 19 54 38 42 21 20 18 16 Asian 0 2 0 0 0 1 2 2 Native 0 0 0 0 0 0 0 .3 American Other 0 0 1 1 0 7 0 0 Total 100** 100 100 100 100** 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Comparison of Twelve-Year Traffic and Motor Vehicle-Related Arrest Information (1/1/02---12/31/13) Race/Ethnicity* Motor Vehicle-Related Arrests (in percentages) (10) (11) (12) (13) Caucasian 67 64 66 70 African 12 14 15 11 Hispanic 19 19 18 17 Asian .7 1 0 .5 Native American 0 0 0 5 Middle Eastern .7 1 1 .3 Other .4 0 .3 .3 Total 100** 100** 100 100 *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. Tier 1 Data (Arrests 02-13) 1 0.9 0.8 0.7 0.6 (Percent) 0.5 0.4 0.3 0.2 0.1 0 ' I I f I I I Arrests (02) ;" , Vv � ;iZy .`vim vs' ■Arrests (03) vqt s`< yt� Q- ti fry 0 ❑ Arrests (04) J Q' %Z 4/ ❑ Arrests (05) Cr a ■ Arrests (06) ,tea Arrests (07) =rQ ■ Arrests (08) ❑ Arrests (09) (Origin) ■Arrests (10) Analysis and Interpretation of Data Analysis The Texas legislature, in 2001, 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 1st 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 in the practice of racially profiling minority 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 1st, 2010. 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. In 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 eastern" 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 2013 motor vehicle contact data. Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2013 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 1) 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 vehicle-related reason, were arrested. The additional data analysis performed was based on a comparison of the 2013 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 U.S. 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 information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2013 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 and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of"households"that have access to 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 form 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 (DFW) Metroplex. The final analysis was conducted while using the 2002--2009 traffic data and the 2010-2013 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 and 2013. Although some researchers may not support the notion that in twelve years, a"significant" and "permanent"trend can take effect, when considering this analysis, it was determined that comparing twelve years of traffic/motor vehicle contact data may highlight possible areas of consistency with regards to traffic and motor vehicle-related contacts. That is, the twelve-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 (2013) Motor Vehicle-Related Contact Analysis When analyzing the Tier 1 data collected in 2013, 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 Hispanics 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 followed by Hispanics and African Americans. Fair Roads Standard Analysis 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 Caucasian descent that came in contact with the police was higher than the percentage of Caucasian households in DFW that claimed, in the 2010 census, to have access to vehicles. With respect to African Americans, Hispanics and Asians, the same or a lower percentage of contacts were detected. That is, the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2013 was the same or lower than the percentage of African American, Hispanic and Asian households in DFW with access to vehicles. Twelve-Year Comparison The twelve-year comparison (02-13) of traffic and motor vehicle related-contact data showed some similarities. As illustrated in table 3, the percentage of drivers (from different racial/ethnic groups) that came in contact with the Wylie Police in 2013 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 2012. However, a few differences were noted. When comparing 2013 to the previous years, there was a decrease in percentage of contacts among Caucasian drivers. It is clear that commonalities in the data existed, when analyzing the search- related contacts for all twelve years. A decrease in percentage was noted among Caucasians and African Americans; the opposite was true of Hispanics. When considering the arrests made, the data revealed that the percentage of arrests increased among Caucasians while a decrease in percentage was evident among African Americans and Hispanics. It should be noted that the 2010, 2011, 2012 and 2013 data should be analyzed while considering that since January 1st 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 Findings The comparison of motor vehicle contacts showed that the Wylie Police Department came in contact (in motor vehicle-related incidents) with the same or a smaller percentage of African American, Hispanic and Asian drivers than the percentage that resided in DFW and had access to vehicles. Further, the data suggested that the percentage of Caucasian drivers that came in contact with the police in 2013 was higher than the percentage of Caucasian households in DFW 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 twelve-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 twelve 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 be useful when determining the nature of the contacts police officers are making with all individuals. Although this additional data may not be required by state law, it is 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 2014. 2) Commission data audits in 2014 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: IZ Clearly defined act or actions that constitute racial profiling Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling X Implement a process by which an individual may file a complaint regarding racial profiling violations Z Provide public education related to the complaint process Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law 61 Collect data(Tier 1) 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 X Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. Z Produce an annual report on police contacts (Tier 1) and present this to local governing body and TCOLE by March 1, 2014. X Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com Disclaimer: 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, Dr. del 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. OF 8 rt, Wylie City Council � .� R.Ms; AGENDA REPORT Meeting Date: February 25, 2014 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: February 12, 2014 Budgeted Amount: Exhibits: 4 Subject Consider, act upon, Ordinance No. 2014-06, an Ordinance annexing a certain 62.744 acre tract of land situated in the Guadalupe de los Santos Survey, Abstract no. 1100, Collin County, Texas, and Abstract No. 1389, Dallas County, Texas, described in deed to Wylie DPV limited partnership as recorded in document number 201300334380, official public records of Dallas County Texas; 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. Recommendation Motion to adopt Ordinance No. 2014-06, an Ordinance annexing a certain 62.744 acre tract of land situated in the Guadalupe de los Santos Survey, Abstract no. 1100, Collin County, Texas, and Abstract No. 1389, Dallas County, Texas, described in deed to Wylie DPV limited partnership as recorded in document number 201300334380, official public records of Dallas County Texas; 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. Discussion This annexation is at the request of the property owner, Wylie DPV, LTD. The subject tract is contiguous to current property under the same ownership and bordered on the northeast by properties lying within unincorporated Collin and Dallas Counties. The applicant desires to bring the subject tract into the city and develop it in accordance with Planned Development 2013-37 District. Exhibits attached and made part of this Ordinance are Exhibit"A"Legal Description; Exhibit"B" Survey; Exhibit"C" Service Plan 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: Page 1 of 2 Page 2 of 2 Notice published for Public Hearings January 8, 2014 and January 22, 2014 First Public Hearing January 28, 2014 Second Public Hearing February 11,2014 Adoption of Ordinance February 25, 2014 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. By adoption of this ordinance, the property is temporarily classified as Ag/30 (Agricultural District) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance and the adopted Development Agreement executed. ORDINANCE NO. 2014-06 AN ORDINANCE ANNEXING A CERTAIN 62.744 ACRE TRACT OF LAND SITUATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100, COLLIN COUNTY, TEXAS, AND ABSTRACT NO. 1389, DALLAS COUNTY, TEXAS, DESCRIBED IN DEED TO WYLIE DPV LIMITED PARTNERSHIP AS RECORDED IN DOCUMENT NUMBER 201300334380, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY TEXAS; 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 is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; 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 "C") 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 to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; 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 Ordinance No.2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey Page 1 of 3 WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) 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 CITY OF WYLIE, TEXAS: SECTION l: 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, to give the hereinafter described property a new zoning classification of Agriculture/30 (A/30) District, said property being described in Exhibit "A" (Legal Description) attached hereto and made a part hereof for all purposes. 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 Ordinance No. 2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey Page 2 of 3 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 25th day of February, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: March 5,2014 in the Wylie News Ordinance No. 2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey Page 3 of 3 LEGAL DESCRIPTION BEING a parcel of land located in the City of Wylie, Collin and Dallas County,Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of that called 62.744 acre parcel of land described in deed to Wylie DPV Limited Partnership as recorded in Document Number 201300334380, Official Public Records of Dallas County Texas, and being further described as follows: BEGINNING at a one-half inch iron rod found at the east corner of said 62.744 acre tract, said point being the south corner of a called 3.27 acre tract of land described in deed to Dan Edward Staring, as recorded in Volume 86235, Page 2669, Official Public Records of Dallas County Texas, said point also being in the northwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); THENCE South 44 degrees 40 minutes 56 seconds West, 1884.95 feet along the northwest right- of-way line of Pleasant Valley Road to a one-half inch iron rod found at the south corner of said 62.744 acre tract; THENCE North 45 degrees 51 minutes 04 seconds West, 1553.63 feet to a one-half inch iron rod found at the west corner of said 62.744 acre tract; THENCE North 44 degrees 45 minutes 16 seconds East, 1436.87 feet to a three-eighths inch iron rod found at the north corner of said 62.744 acre tract, said point being the west corner of a tract of land described in deed to Michael and Dawn Strong, as recorded in Volume 4512, Page 2110, Official Public Records of Collin County Texas; THENCE along the northeast line of said 62.744 acre tract as follows: South 72 degrees 50 minutes 34 seconds East, 1006.69 feet to a one-half inch iron rod found in the southwest line of a tract of land described in deed to Texas Pride Properties, LLC, as recorded in Document Number 20100331000303340, Official Public Records of Collin County Texas, said point also being the west corner of a tract of land described in deed to Janice K. Trice, as recorded in Document Number 201100124375, Official Public Records of Collin County Texas; South 45 degrees 05 minutes 00 seconds East, 659.02 feet to the POINT OF BEGINNING co taining 2,733,109 square feet or 62.744 acres of land. '��• t3 r ' • Dan B. Ramse , .P.L S. No. 4172 +" November 1 13 DAN O. H}�fr1t��+ISEY { � � J � X '•Q V9�3 VOL 313, PG. 378 N °N� � ,......._._. A ti J O.P.R.D.C.T. ,`� / °° NOTE: CENTERLINE OF I vnE ,J I I NaCENTERLINE OF D / y 30' EASEMENT ` .o° EXISTING POWER LINE / I �. A� EXISTING POWER LINE x PER GROUND LOCATIONS / �� SITE F9P9 PER GROUND LOCATIONS TO LO OMPANY GAS �0 CHA I LINK £C __E 4,0 to my 'I'p�„0. ,/ / / I / /- l \ x VOL LOi.!y / / 0,_ 1 1-1 Ix - O.P.R.D.C.T. y m !, '15�` / � - G COLLIN COUNTY urt J *6, ',..-� �'mF ` oAAS��'l� // // tiF O�cl� c�� nouns COUNTY ` ,,, s ' 43 // '0 s Q `. ` �� �p sT �� 9l�T / / • •`` /' ?,, 4. X °oe ,� WYLIE DPV LIMITED PARTNERSHIP ��s�q,To / /// A `' G';� w \S ,,,` f -"64ttonrood F 4,. F .E. Z� '9,�j FiQ / / o S P s / 4 -- N= + (CALLED 80.178 ACRES) / /// FF�/ ��A D /'/,� ?,,� r DOC. NO. 201300334382 BLANKET EASEMENT TO c/" C %`� / 0 m \ O.P.R.D.C.T. / // LONE STAR GAS COMPANY c it Fy �l ` n-0 D m BARBED X / / VOLO.P.R.D CGT.177 •A�s� R --__N ',\ ��' -�G7(n " x�E FE CE / .��� NOTE: CENTERLINE OF GAS C ,� ` r- o c ��-'�_ / // �'� o / A) U i o �. I D m / �(. O `/' f W / / y °� LINE PER GROUND LOCATIONS v D T.' �� \ / / y L Lo�-1-4- Z a7 Z -f ) 7 LIBERTY ` / // tiG �'p1�L O srA9 r,�C, o I"1 GROVE co `�-_ I� ��oo / // 4'GOc<`G4'gt 4'• ��%o Fs y �FyF � / //s�91p F,p-00< �� s� p i rp / ly� / oti 9 RAY ti j/ / 60e, * •"<C° / A �/ HUBBARD A •In \* \ oci & / P xi \ BARBED WIRE FENCE // // N44'25'S1"E 723.90' c'9s` x O �J / ---- ---� � � x---"��c �----�c____ _-�c x x x x x x x x xx * � 5 8" D �/ Im....._ F IRFCONCRETE1 N / / CM) ALAN AND CHERYL STUFFY I (CM) MONUMENT / // VOL. 5822, PG. 988 I LOCATION MAP ACM)D \ 'Os°oo ///// O.P.R.C.C.T. I NOT TO SCALE ///47/ 2" I "PK BARBED WIRE FENCE AIL" / / S x x x / x SET Gc // / GG, / \ \ 4q lam/ / c9S I` BARBED WIRE FENCE .--=----—` 440 .o�OO .0�0o Lilo .........t? // p o0 OS O OS O 9l �L� / I m x --- `sT0 �0- -O OF OLD FENCE LINE WOOD WOOD POST °� / / I .oA m '� REMNANTSREMNANTS OF OLD FENCE LINE \ / / EASEMENT TO TEXAS POWER UGL- <z �! FOUND FOR '1,�° / / AND LIGHT COMPANY / 'TELE o v z 45(,•, POST CORNER °'Q��Op� / / VOL. 313, PG. 115 o• C �p / / / O.P.R.C.C.T. / 2 2 o M) / NOTE; CENTERLINE OF . -a N Ol+-T�c` ` / // EXISTING POWER LINE I -u o x .4 Ak"41, / // PER GROUND LOCATIONS • m D .0 x) 4,,, , \ /I if /// I �z� WYLIE DPV LIMITED PARTNERSHIP Rs;�•� / / oo�°po s�F, ti'?s'i• LEGAL DESCRIPTION N - (CALLED 139.871 ACRES) '`��' /// lotic•�� 09Gc1�I �op9l sop oG�F�� / /// 4,F s °F, Oho F` r� DOC. N0. 201300334381 / // ICt. °A BEING a parcel of land located in the City of Wylie, Collin and Dallas County, Texas, a part of \ O.P.R.D.C.T. / ! \ c the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract ' =_=� // CQ EASEMENT TO TEXAS POWER A c l\ ,��°q Number 1384 in Dallas County, Texas, and being all of that called 62.744 acre parcel of land _ _ //� <<, AND LIGHT COMPANY — FoF.'� D described in deed to Wylie DPV Limited Partnership as recorded in Document Number //��i q� \Q VOL.O P3R.0 CG. 293 /EASEMENT Dm201300334380, Official Public Records of Dallas County Texas, and being further described as o� � __ _ // / '9 O I TO COMPANY POWER m z z • 170, N1DE _ ........ ` _ ` _ _ v /// O?A00i, S OO G� NOTE: CENTERLINE OF AND VOL. 313, PG. 11 o v m MU E S co �'QI` EXISTING POWER LINE O o. r-� follows: o M / / Ci\ PER GROUND LOCATIONS F i cn 0-4 NICIPq� ENT TO _ _ A� _ 60 WIDE EASEMENT TO / L4 I & VOL. 327 PG. 66 F °N i VOC 8 POWER TEXAS _ _ .., -- _ CITY OF GREENVILLE g / / 0 c�+�y �� O.P.R.C�C.T. O tiF �°' o 1009, PG,9GENCY _ — _ _ — _ VOL. 4427, PG. 224 m / BEGINNING at a one—half Inch Iron rod found at the east corner of said 62.744 acre tract, said °PRD 122 // °< �A9R��l�ti \9iO,o I E�STING POWER LINE ��`'90 ��D point being the south corner of a called 3.27 acre tract of land described in deed to Dan C. _ O.P.R.D.C.T. / ----ts_j_T-- TowER ' _� _ ` _ '� ///// OA 'f?�,o%��ccs I PER GROUND LOCATIONS 4. ! • m a NOR20 TH °TETRAS M�uNE ESMT — _ �°+, NOTE: CENTERLINE OF I coZo Edward Staring, as recorded in Volume 86235, Page 2669, Official Public Records of Dallas OL 99 NICIPq TO ® _ _ m / // ••0 6?. 2�l�T C' '1' LONE STAR GAS COMPANY'S Count Texas said oint also been In the northwest ri ht—of—wa line of Pleasant Valle 0.pR p C r. 2115 gTER _ _ ===_=_� ` //// �'� �R2��S�9��0 QG��T 45 GAS LINE PER GROUND LOCATIONS I EASEMENT TO TEXAS POWER a variable width right—of—way); g g y y Road �-�� ��- �__--------z--__________:".` ��_ // / OQ AND LIGHT COMPANY ( x / / ��-9� VOL. 313. PG. 115 Al _ __ _ _ , - _ _ ///// F �Qti G I o.P.R.c.c.T. <oF. THENCE South 44 degrees 40 minutes 56 seconds West, 1884.95 feet along the northwest WIRE FENCE ` �� BARBED WIRE FENCE / / • �� ` BARBED WIRE FENCE oyc� ,oA "PK" right-Of—way line Of Pleasant Valley Road to a one—half inch iron rod found at the south BARBED _ / N 44 4516E 1436.87 x x x x x x x x x x x �x x 1/2"IRF / x x x x x x x x '--9-_ - v s x SET corner of said 62.744 acre tract; o � x x Dr _ `= _ �_ / 3 SIRF BARBED WIRE FENCE (POOR CONDITION) _ _ AA __ _ /// , di ® = — / ��' MICHAEI,IJOE STRONG AND THENCE North 45 degrees 51 minutes 04 seconds West, 1553.63 feet to a one—half inch iron s0' �� 60 WIDE EASEMENT TO '+ NORM°°T wq _ _ on,p�E EASEM /---- - , _ CITY OF GREENVILLE DA#N M. STRONG rod found at the west corner of said 62.744 acre tract; _ VOL. 4427, PG. 229 0 gl MUN/CPALM�, TO ` _ p R'�C TRPA�f`22 T° _� A ` O.P.R.D.C.T. VOL/04P.R C.C T. 2110 - o•P PG 4 wgTER THENCE North 44 degrees 45 minutes 16 seconds East, 1436.87 feet to a three eighths inch a R.°•cT sssiron rod found at the north corner of said 62.744 acre tract, said 10, — _ _ / 0 `1 _ R'3 / point being the west corner MUN KID, T° ` — _ / �/ ti°,Q°,�O — _ I of a tract of land described in deed to Michael and Dawn Strong, as recorded in Volume 4512, \ / JAMES HAMMES AND DANA Page 2110, Official Public Records of Collin County Texas; 0_ VOC. 8p224 pR gGENC1X-AS / _ �_ `��'� TOWER ��= �` `�� ANDREWS o.p R.D.C.G• 1941 / ° -f' �9 _ /T / < R s 4,p ® VOL. 5174, PG. 2489 / / s� l% — — —— o.P.R.c.c.T. THENCE along the northeast line of said 62.744 acre tract as follows: N / / ��°,� �o� � _ MUWVDt EgSE _ ==_ _ 0 \ / South 72 degrees 50 minutes 34 seconds East, 1006.69 feet to a one—half inch iron N / p -9 , Niop MENT 'O — 0 / , o,. •''• rd.,' , — Vp� AL I'Oj�ER To TEXAs ___--- 0 - _ 0 rod found in the southwest line of a tract of land described in deed to Texas Pride Properties, E / / Z `°�'�+�q 9 9�,� ....7 pR� pGZ35NCY — _ •�. RON FLIPPO, JR. AND WIFE LLC, as recorded in Document Number 20100331000303340, Official Public Records of Collin/ "p ��s'c�,Q _ , c.T — _ ,( KATHERINE FLIPPO County Texas, said point also being the west corner of a tract of land described in deed to CN NORTH TEXAS MUNICIPAL / / �A,��G�l/�F __ __ �` / • •,p , I ` VOL. 6029, PG. 3242 \ WATER DISTRICT / Cn o /0 4:5 s ,— — — - o.P.R.c.c.T. Janice K. Trice, as recorded in Document Number 201100124375, Official Public Records of Collin r0 VOL. 97136, PG. 3071 / / '� �T s�9��r T0k'ER '1= _ C. / / ,. 9"/ p i ' County Texas; o.P.R.D.C.T. / / tio�°�, 0 '� — ® / —\;_ _ _ _ _ South 45 degrees 05 minutes 00 seconds East, 659.02 feet to the POINT OF BEGINNING //// ,�+�9 — `_ (/ — _== and containing 2,733,109 square feet or 62.744 acres of land. WYLIE DPV LIMITED PARTNERSHIP / / o��s��li — __ ck s — , 43 .o S G �y(CALLED 68.080 ACRES) //// '�•'0 ��9Fs� 2,733,109 SQUARE FEET ITEXAS PRIDE PR4PERTIES, LLC DOC. NO. 201300334379 /// T Rs;490 I DOC�16-,2010033 t�Q00303340 �� > O.P.R.D.C.T. / ,� 62.744 ACRES / I O P R C C'1 __ _ OF �' / I / \ -___ _ * �P F X / NOTE: CENTERLINE OF / / Dan. B. Ramsey, R.P. No. 4172 „._'�O�•'•. m 6' CHAIN LINK FENCE WITH BARBED WIRE / November 13, 2013 O // NO IMPROVEMENTS LONE STAR GAS COMPANY'S IGc / 1/21RF / / GAS LINE PER GROUND LOCATIONS / T°qsl, " \ DAN B. RAMSEY -o / / / WYLIE DPV LIMITED PARTNERSHIP LONE STAR GAS COMPANY 4172 / / FENCE ALONG EASEMENT si .s� .Oyu �/' VOL. 1546, PG. 259 G + cry <•• by �1Q;•Q- CD / / PROPERTY LINE----,,_ (CALLED 62.744 ACRES) O.P.R.D.C.T. //0„ 6 / O 9i f•'•• ESS�..• 4,Q -0 X / / DOC. NO. 201300334380 NOTE: CENTERLINE OF LONE s` ,� SURv O / / STAR GAS COMPANYS GAS LINE / JANICE K. TRICE >/ / 0.P.R.D•C.T. PER GROUND LOCATIONS. / O. / // —� / � DOC. NO.O.P.R011COT124375 o / / �� / / O / / W PROPOSED 100 25' // / 0 0 / / ATMOS GAS LINE / / m //// W EASEMENT j / co Y / // //coos w / / DOC. NO. 20070070745 / / RECORDED WITH EASEMENT DOCUMENT ,// / ((jji DAN EDWARD STARING z / / / / SANITARY SEWER ESMT. / / VOL. 86235, PG. 2669 X / / TO THE CITY OF WYLIE / / / O O.P.R.C.C.T. Q / / UNRECORDED EASEMENT (SURVEY EXHIBIT DATED: 06-19-06) / / / N X / / (SURVEY EXHIBIT DATED: 06-19-06) F / / / W / / z / / FENCE r lF�,'I'y / / z --� /0 UGL- / -/ SANITARY SEWER ESMT. Q MHSS MHSS TO THE CITY OF WYLIE W CHAIN LINK FENCE WITH BARBED WIRE UGL- MHSS / / • pp PP PP perex pp • GAS PP w' / pp DOC. NO. 20070152050 C X X W • PP PP pp 24"RCP 24 RCP -�`r�RCP °`X -- _ �p -RP �R , �R -RP - - a?R -Pf'- -I� U LEGEND „MHSS V ASPHALT ASPHALT P."M .4\ 1/2"IRF(CM) BLOW-OFF VALVE NOTE: CENTERLINE OF 48"RCP S44'40=56"W .UGL- GAS 1884.95� (CM)IRF ° EXISTING POWER LINE CM CONTROL MONUMENT PER GROUND LOCATIONS PLEASANT VALLEY ROAD EASEMENT TO TEXAS POWER AND LIGHT COMPANY IRS IRON ROD SET (VARIABLE WIDTH R.O.W.) VOL. 2016, PG. 466 N O.P.R.D.C.T. NOTE: CENTERLINE OF EXISTING POWER LINE IRF IRON ROD FOUNDNo PER GROUND LOCATIONS O i PP POWER R.O.W. RIGHT—OF—WAY6,1 J LP LIGHT J MHSS SANITARY SEWER MANHOLE 4." UGL UNDERGROUND LINE GRAPHIC SCALE m CONC. CONCRETE 200 0 100 200 400 800 i GM GAS METER cv GAS VALVE W MHW MANHOLE WATER IN FEET ) BASIS OF BEARING: The basis of bearing is derived PROJECT NO. 0 TELE TELECOMMUNICATIONS 1 inch = 200 ft. from GPS observations using the City of Wylie ANNEXATION EXHIBIT PED PEDESTAL geodetic monuments. (Coordinate System: North 16301 Quorum Drive OE154 . Wv WATER VALVE Central Zone 4202 State Plane Coordinates, NAD83). Suite Zoo B GUADALUPE DE LOS SANTOS SURVEY SHEET NO. o Icv IRRIGATION CONTROL VALVE PARTNERS son, exas 70Main 972.248.7676 A-1100 (COLLIN COUNTY); A-1384 (DALLAS COUNTY) .11 o.P.R.D.c.T. RECORDS OF DALLAS COUNTY TEXAS Fax 972.248.1414 — 1 of 1 = OFFICIAL PUBLIC The improvements shown on the survey are the only q� www.jbipartners.corn p Property. City Of Wylie Collin County,t� DATE o.P.R.c.c.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY TEXAS visible improvements on the Pro ert , y, and NOVEMBER P.R.c.c.T. PLAT RECORDS OF COLLIN COUNTY TEXAS II REVISION BY DATE TBPE No. F-438 TBPLS No. 10076000 Dallas County, Texas 13, 2013 0 EXHIBIT "C" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA DOMINION OF PLEASANT VALLEY TRACT ANNEXATION ORDINANCE NO.: 2014-06 DATE OF ANNEXATION ORDINANCE: February 25, 2014 ACREAGE ANNEXED: 62.744 acres SURVEY, ABSTRACT & COUNTY: Guadalupe De Los Santos Survey, Abstract No. 1100, Collin County, and Abstract No. 1389, Dallas County, Texas 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 police service 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 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 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 the maximum level of fire services consistent with the characteristics of EXHIBIT "C" 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 "C" 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 as to 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 participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 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. EXHIBIT "C" 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. 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 from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. EXHIBIT "C" 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, land use 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. grow Wylie CityCouncil Y AGENDA REPORT Meeting Date: February 25, 2014 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: February 3, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2014-03(R) authorizing the appointment of Arthur Maldonado as City of Wylie Municipal Court Judge. Recommendation Motion to approve, Resolution No. 2014-03(R) authorizing the appointment of Arthur Maldonado as City of Wylie Municipal Court Judge. Discussion Article IV, Section 3b of the City of Wylie Charter states "the city council shall appoint a judge of the municipal court, who shall be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the city council. The judge shall receive compensation as maybe determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the judge.." The current two year term of the City of Wylie Municipal Court Judge expires March 31, 2014 and is renewable for subsequent two (2) year terms. The appointment of the Municipal Court Judge is for a two year term effective April 1, 2014 through March 31, 2016 and may be renewed for another two (2)year term. Compensation for services provided by the Municipal Court Judge is a set monthly rate of$1418.00. Judge Maldonado serves in the capacity of the Municipal Court Judge for the City of Wylie and is also currently serving as the City of Frisco Associate Municipal Court Judge, the City of Celina Municipal Court Judge and the Town of Providence Village Municipal Court Judge. It is recommended that Judge Maldonado continue to provide service to the City as the City of Wylie Municipal Court Judge. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2014-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE APPOINTMENT OF ARTHUR MALDONADO AS CITY OF WYLIE MUNICIPAL COURT JUDGE. WHEREAS, the City of Wylie has determined that a Municipal Judge is necessary to perform the judicial functions of the Municipal Court of the City of Wylie; and WHEREAS, the City desires to appoint Arthur Maldonado as the Municipal Court Judge for the City of Wylie; and WHEREAS, the effective term of service for the Municipal Court Judge shall be April 1, 2014-March 31, 2016 with subsequent two year term; and WHEREAS, reimbursable services of the Municipal Court Judge by the City of Wylie shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, a monthly stipend of $1418.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the appointment of Arthur Maldonado as City of Wylie Municipal Court Judge for a two year term effective April 1, 2014-March 31, 2016 with a monthly stipend of$1418.00 for services as the City of Wylie Municipal Court Judge with subsequent two year terms provided. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 25th day of February, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2014-03(R)-Appointment of Municipal Court Judge Page 1 of 1 ${ Wylie City Council AGENDA REPORT „.1887os,, Meeting Date: February 25th,2014 Item Number: G_ Department: Facilities (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: 100-5132-54910 Date Prepared: 02-12-2014 Budgeted Amount: $3500.00 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2014-07 of the City of Wylie, Texas, amending Ordinance No. 2013-35 (2013-2014 budget) and approving an appropriation of funds in the amount of $3,500.00 from the Facilities Fund to the Fire Department Buildings Fund; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to Adopt, Ordinance No. 2014-07 of the City of Wylie, Texas, amending Ordinance No. 2013-35 (2013- 2014 budget) and approving an appropriation of funds in the amount of$3,500.00 from the Facilities Fund to the Fire Department Buildings Fund; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion The purpose of this amendment is to transfer $3,500.00 from the Facilities Fund to the Fire Department Fund. This will allow the Fire Department to easily access the funds they need to order a part or take care of minor maintenance issues on the weekend. It is a more efficient use of their time to take care of items as time allows rather than waiting on facility maintenance. Page 1 of 1 ORDINANCE NO. 2014-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2013-35 (2013-2014 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $3,500.00 FROM THE FACILITIES FUND TO THE FIRE DEPARTMENT BUILDINGS FUND ; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it will be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of transferring building maintenance funds from the Facilities Fund to the Fire Department Building fund in order to allow Fire personnel to access funds and complete minor building repairs in a timely and efficient fashion. WHEREAS, the Fire Department has the expertise and personnel to complete certain repairs themselves. WHEREAS, the Fire Department can complete certain repairs themselves in a timely and efficient way given access to facility maintenance funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2013-35 (2013-2014 Budget). Ordinance No. 2013-35 (2013-2014 Budget) is hereby amended to allow for the following appropriation: Three thousand and Five hundred dollars ($3,500.00) shall be appropriated from Expense Account 100-5132-54910 of the Facilities Budget to Expense Account 100-5231-54910 of the Fire Department Budget. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is Ordinance No.2014-07—FY2013-14 Budget Amendment-Amending Ordinance 2013-35 Facilities Fund to Fire department Buildings Fund expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of February, 2014. Eric Rogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2014-07—FY2013-14 Budget Amendment-Amending Ordinance 2013-35 Facilities Fund to Fire department Buildings Fund Wylie City Council AGENDA REPORT Meeting Date: February 25, 2014 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: February 5, 2014 Budgeted Amount: Exhibits: 3 Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural (A/30) to Single Family-10/24 District (SF-10/24) to allow for single family detached residential houses on individual lots of minimum 10,000 square feet in size; on approximately 31.414 acres generally located south of E. Brown Street and west of Country Place Lane. Recommendation Motion to approve, amending the zoning from Agricultural (A/30) to Single Family-10/24 District (SF-10/24) to allow for single family detached residential houses on individual lots of minimum 10,000 square feet in size; on approximately 31.414 acres generally located south of E. Brown Street and west of Country Place Lane. Discussion Owner: D.R. Horton, LTD. Applicant: JBI Partners,Inc. The applicant is requesting to establish permanent zoning on approximately 31.414 acres (4 tracts); generally located south of E. Brown Street and west of Country Place Lane. Currently, the vacant property is zoned Agricultural (Ag/30) and the request is for (SF-10/24) single family detached residential zoning for the creation of Castle Park Subdivision. The subject property was annexed into the City of Wylie in. December 1986 and has since been used for agricultural purposes. The property's northern boundary is recently improved E. Brown Street and the eastern boundary (Country Place Lane) is the city limit boundary. Properties immediately to the southeast are owned by WISD (future school site) and zoned (Ag/30). Nearly (1/3) one-third of the property has significant development constraints including multiple utility easements, natural drainage channel and limited access. The adopted Comprehensive Land Use plan designates the area of this request as Sub-Urban Sector. The Sub- Urban Sector allows for low to medium density residential land uses providing for inclusive and cohesive residential neighborhoods. In summary, the request to rezone property from Agricultural to SF-10/24 is consistent with the City's Comprehensive Plan and Land Use Map and conforms to the land uses in the general area. (Rev 01/2014) Page 1 of 3 Page 2 of 3 In addition, the applicant shall comply with all required fees associated with new development including water and sanitary sewer impact and parkland dedication fees prior to building permits being issued. Notification/Responses: Fifteen (15) notifications were mailed; with zero (0) written response returned favoring the request and zero (0)responses opposing the request at the time of posting. The Planning and Zoning Commission voted 6-0 to recommend approval. Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION BEING all that tract of land in the City of Wylie, Collin County, Texas, a part of the FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688, a part of that 14.755 acre tract of land conveyed to D.R.Horton -Texas, Ltd. as recorded in Volume 5697, Page 6349,Collin County Deed Records, a part of that 34.872 acre tract of land conveyed to D.R. Horton -Texas, Ltd. as recorded in Volume 5697,Page 6354,Collin County Deed Records, a part of that 10.005 acre tract of land conveyed to D.R. Horton-Texas, Ltd. as recorded in Volume 5697, Page 6363,Collin County Deed Records, a part of that 14.760 acre tract of land conveyed to D.R. Horton- Texas, Ltd. as recorded in Volume 5700, Page 3087,Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found for corner in the east line of said 10.005 acre tract of land, said point being in the south right-of-way line of Brown Street(a variable width right-of-way as described in two right-of-way deeds from D.R. Horton- Texas, Ltd.to the City of Wylie, Texas as recorded in Document Numbers 20120822001046570 and 20120822001046580, Collin County Deed Records); THENCE South 02 degrees 11 minutes 31 seconds East,681.72 feet to a one-half inch iron rod found at the southeast corner of said 10.005 acre tract of land,said point being the northeast corner of said 34.872 acre tract of land; THENCE along the east line of said 34.872 acre tract of land as follows: South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a one-half inch iron rod found for corner; South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one inch iron pipe found at the southeast corner of said 34.872 acre tract of land, said point being the northeast corner of said 14.760 acre tract of land; THENCE South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a one-half inch iron rod found at the southeast corner of said 14.760 acre tract of land,said point being the northeast corner of said 14.755 acre tract of land; THENCE South 02 degrees 11 minutes 46 seconds East, 323.12 feet to a 60 penny nail found at the southeast corner of said 14.755 acre tract of land; THENCE South 88 degrees 02 minutes 41 seconds West, 650.00 feet along the south line of said 14.755 acre tract of land to a one-half inch iron rod found for corner; THENCE North 02 degrees 21 minutes 59 seconds West, 1433.83 feet to a one-half inch iron rod found for corner in the north line of said 34.872 acre tract of land; THENCE North 87 degrees 46 minutes 54 seconds East, 17.05 feet along the north line of said 34.872 acre tract of land to a one-half inch iron rod found at the southwest corner of said 10.005 acre tract of land; THENCE North 02 degrees 11 minutes 51 seconds West, 688.55 feet to a five-eighths inch iron rod found at the northwest corner of said 10.005 acre tract of land, said point being in the south right-of-way line of Brown Street; THENCE along the north right-of-way line of Brown Street as follows: North 87 degrees 47 minutes 13 seconds East, 39.05 feet to a one-half inch iron rod found for corner; North 88 degrees 26 minutes 27 seconds East, 594.00 feet to the POINT OF BEGINNING and containing 1,368,381 square feet or 31.414 acres of land. I / I / I / / 1� l / 1 0 l / / , l I w RAFAEL PEREZ I a rc DOC NO 20060314000336850 / / / Qbl ,8 / / / ALVIN BITTNER GARNER KOCH Q / / / VOL. 5845, PG. 1388 VOt 5/21, PG. 5667 j� / 4 0 SITE / _� --.—_—.. _ I /l 1 N �3412 ®,� BROWN ._II / I Li'o „_,,,BROW •- I 0! 0 / 0l0 / �_. 'Cr u. bi LOT1 Y \ -- I LOST ACRE / 1 / I u co TODD BRAMMER 17. VOL. 2007, PG. 156 '-' / w„ DOC. N0. 20080130000115020 44 C9 __— OWNER: 1 / / / / / 0<0 ->•+ Ire WOODL.ANDER ENVIRONMENTS, INC. / I '� L THOMAS Doc. No. 20t20307000267660 —J / I I w / 1-z 0 ++�� 0 I[WEN UEL ------- -------- — VOL T5723, PG 4570 VOL�`9 3��GW 1547w� I // E. ROY RAMSEY �MDOG. NO 00 ) r O ------ ------ / 2007--0713000965400 z0 ET 77•7 / I �' " 1 VOL 4142, PC. 004 u,s n 544I I d --.—.—.---.I L..OT 2 I NORTHVIEW DRIVE LOST ACRE / / FOOT ROW, 00T, PG 156 --------------� LOCATION MAP T. 1 / / / s 31 E 32 = Z _= = A __ -- -- 021 S" 8.99' — S02 305.94 S S02'11'46' E 323 12 EOtitdiR f T't7yCE 1 lkNE &S1, Elva E;-50- a R •-*/ S 39"E-- 478.76`--- 8 E 1 _ _ _ - ._ — _ .. - - rR�t S0 '11 31 Eit - , , 203 ew FNc w r N. s 01 1I: 1 �1 � // /� °( r i T T. �_ CIMARR N EST H PHASE I i 14• I&v - A ' r /� CB. N 48 �1—.—..— ' InM / \ ( ci Ire p :.:_ �c/r 9, /, D R NOr10N1n Q i ��, 91 c 6ys—._ o iefI J l �s'•'� i 1 1� c� ( I i is / l ,-------- -- 1 L a w, i e ,V vp c I / /7 / l i a' 'i f / Eo i , (d 0 Q o o r. �I� I �m �© / ao i oRTON TEXAS. LTG_ a / n D�VOL. 97, PG. 6349 "' O II i�-- �A� y�,- � y! �• _ r - �� , D4 ORION-TEXAS,As, 31 .414 A6RES °5,0�, TEXAS, am' a8�TD �` 1 —.—.—.—_—.— I--.—.---.—.—� f — — �- VO . 5697. G. 6354 // A� _ ' `j _ / / / T4 / P1 , r I Rio ' � Ili N 1OI — .. .. �� iI i 0V u /\ , ii / '1 / o �� j la uo r, �nl <o° 1 i - 1 1 1 5'2 w I `" TRAMELL ADDI TIC, ` -,vi / / a I � p5 ( , a ; I 9j�Ae- M,�c- 4sztc �a •R.o I i ono ,_ -.---- 0 0 zT m / / I i a A I1 11 ( I RUTHERFORD AVENUE II1 (so Fool r:.o. V 1 r i 1 I t i �� �^ mo o in / -Lott �' �a� �� `�J l l I / 'r I I• � - I I W I11 a o iiIi r i ' /��/ / /. 1 1 (: ll:I li r f H 311\oo � 1 33.83' I. �Iryw 688.55' / I NO2'21'S�° 11 N+2'11/51 �V -I z,/ `/ '1 o m ( I(s± ]� r. in (/ / /� ) /I Iz L / O N l/ 11 \ � \ � � 1 I / l I I � l A �, A , / �(!�'' / \et \ \WYLIE RANCH EAST, PHASE ONE W o 'I� !� / 1 , h�' l \ I I l CAB. a. PG. z-rr I cJI I o la �B �, �O Il ; / ' l I N ? IS 1 ' 1 IBM] Y RA, KR MER I I w / 1 VOL 404?( PG 652\ 1„ i i 5'� l I l / 1 % I I \ 1 I V / \ !, / /o ;- / / / 1 WYLIE ISD m A ;Iq%S / ; / TVOL smq G 4102 �m MUM u IL 1C { I 1 � ' l Iw / 0 E ore I � / V h ��� u / a / � , 1 %� � �o GRAPHIC SCALE 0 III / / ���/ I l ,- �._s+� 1 -`mil j m // / / / too 0 m _. zoo +oo -C FLX 1 inch = 300 ft. CO LEGAL DESCRIPTION a) BEING all that tract of land in the City of Wylie,Collin County,Texas,a part of the FRANCISCO DE LA PINA SURVEY,ABSTRACT NO. 688,a part of that 14.755 acre tract of land conveyed to D.R.Horton - p Texas, Ltd. as recorded in Volume 5697, Page 6349,Collin County Deed Records, a part of that 34.872 acre tract of land conveyed to D.K. Horton-Texas, Ltd. as recorded in Volume 5697, Page 6354, Collin County U) Deed Records,a part of that 10.005 acre tract of land conveyed to D.R.Horton-Texas, Ltd. as recorded.R in Volume 5697,Page 6363,Collin County Deed Records, a part of that 14.760 acre tract of land conveyed to CASTLE PARK 3 D .Horton-Texas, Ltd. as recorded in Volume 5700,Page 3087,Collin County Deed Records, and being further described as follows: cp BEGINNING at a one-half inch iron rod found for corner in the east line of said 10.005 acre tract of land,said point being in the south right-of-way line of Brown Street(a variable width right-of-way as described in two ZONING EXHIBIT tT right-of-way deeds from D.R. Horton-Texas,Ltd.to the City of Wylie,Texas as recorded in Document Numbers 20120822001046570 and 20120822001046580,Collin County Deed Records); tu�. C c 0 THENCE South 02 degrees II minutes 31 seconds East, 681.72 feet to a one-half inch iron rod found at the southeast corner of said 10.005 acre tract of land, said point being the northeast corner of said 34.872 acre tract ZONING CASE NO. 201 A -01 N of land; ZONING `T' 1 tO THENCE along the east line of said 34.872 acre tract of land as follows: 31.414 ACRES OUT OF THE LLI South 02 degrees 35 minutes 39 seconds East,478.76 feet to a one-half inch iron rod found for corner; FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 o South 02 degrees 20 minutes 38 seconds East,305.94 feet to a one inch iron pipe found at the southeast corner of said 34.872 acre tract of land,said point being the northeast corner of said 14.760 acre tract of land; I THENCE South 02 degrees 13 minutes 15 seconds East,328.99 feet to a one-half inch iron rod found at the southeast corner of said 14.760 acre tract of land, said point being the northeast corner of said 14.755 acre tract CITY OF WYLIE, COLLIN COUNTY, TEXAS 6r 3 of land; -0 / THENCE South 02 degrees I1 minutes 46 seconds East,323.12 feet to a 60 penny nail found at the southeast comer-of said 14.755 acre pact of land; O.R. HORTON TEXAS, LTD. OWNER M THENCE South 88 degrees 02 minutes 41 seconds West, 650.00 feet along the south line of said 14.755 acre tract of land to a one-half inch iron rod found for corner; 4306 Miller Road Suite A (214) 607-4244 O Rowlett, Texas 75088 I THENCE North 02 degrees 21 minutes 59 seconds West, 1433.83 feet to a one-half inch iron rod found for corner in the north line of said 34.872 acre tract of land; Contact: David Booth N THENCE North 87 degrees 46 minutes 54 seconds East, 17.05 feet along the north line of said 34.872 acre tract of land to a one-half inch iron rod found at the southwest comer of said 10.005 acre tract of land; U JBI PARTNERS, INC. ENGINEER o THENCE North 02 degrees 11 minutes 51 seconds West, 688.55 feet to a five-eighths inch iron rod found at the northwest corner of said 10.005 acre tract of land,said point being In the south right-of-way line of Brown r- 16301 uorum Drive, Suite Street; (972) 738-0248 Addison, Texas 75001 / THENCE along the north right-of-way line of Brown Street as follows: Contact: Jerry Sylo I North 87 degrees 47 minutes 13 seconds East.39.05 feet to a one-half inch iron rod found for comer; TBPE No. F-438 TBPLS No. 10076000 North 88 degrees 26 minutes 27 seconds East, 594.00 feet to the POINT OF BEGINNING and containing 1,368,381 square feet or 31.414 acres of land. 6 C Resubmittal January 23, 2013 3 December 17, 2013 Sheet 1 of 1 0 0 Subject . , . Property • I II IN 1Ill ii:,,'-'-' ---" Iighway No. 78 ,:, 1 . 1 41,., P.‘„(0..:..r..-Ast.:(6:::;;:if-l— �" I.ji RIR ..oum ., ii;40 nib mpg 1 L 1 5- 2Ii1iInII� a,�� mii `� Iu',ui.j,i,u.iii. 11 1 I l I l !_,. 'C' ' :"liltWilliiimmilinit -s� BILMAIL, 1111 [ I J I 1 �E 111I11 . ...1a1.1M/ T.. 111I11III!IIIII IEl Ill IIlI1IIIIIIIIII1I 1,1 i. 11I11II� i1IiIIi 'NIMMiIilmmionumntoi teiI1 111 ,�.14 . I'�1�:�aTCIn1111 � ��i R.i,,,� : 1 11 r � m1 - — �fi1 111�111�1I1lll, g 11111 , . ,:.::::::.,... ,... ,::_.:,. SI1 NI ,,,.,. ..,.._............_.. .._. _____ ..._ ..„. .....41 --ill II ....___..........._. . ..,. .. i -.irk-, 7...... .. um or 1.1 Iiir nom••iii mingling. III mug• 'minim. I 1 n 111 111 111111111011111 1 ) 111 J r ZI ■M11111I'111I11ng I.I 1 Ti�[% 11�11ui ! 11 I I I (I CIuIl h.igi.ow num How i ... L. 1 I I _u1 %jii 141. ,5,,,:,„ ( . _ r : if . 7 1 I LOCATION MAP ZONING CASE #2014-01 NOTIFICATION REPORT APPLICANT: Jerry Sylo-JBI Partners, Inc. APPLICATION FILE #2014-01 16301 Quorum Drive#200B Addison,Tx 75001 # BLK/ABST LOT/TRACT , TAX 1.D. # PROPERTY OWNER NAME ADDRESS Applicant-Jerry Syle 16301 Quorum Drive#200B 1 JBI Partners, Inc. Addison, Tx 75001 Wylie Ranch East 1935 E. Brown Street 2 -- Lot 25A R-1181-000-025A-1 Todd Kiewit Wylie, Texas 75098 Wylie Ranch East 1945 E. Brown Street 3 -- Lot 25B R-1181-000-025B-1 Jason Bennett Wylie, Texas 75098 Cimarron Estates 300 Country Club Road#100 4 Blk F Lot 43 R-5126-00E-0430-1 City of Wylie Wylie, Texas 75098 Cimarron Estates 2716 Gold Hill Drive 5 Blk K Lot 1 R-5126-00K-0010-1 Alex Jones Wylie,Texas 75098 Cimarron Estates 2714 Gold Hill Drive 6 Blk K Lot 2 R-5126-00K-0020-1 Jason Petty Wylie,Texas 75098 Cimarron Estates 2712 Gold Hill Drive 7 Blk K Lot 3 R-5126-0OK-0030-1 Nathan Curtis Wylie,Texas 75098 Cimarron Estates 2710 Gold Hill Drive 8 elk K Lot 4 R-5126-OK-0040-1 Leticia Varela Wylie, Texas 75098 Cimarron Estates 2708 Gold Hill Drive 9 Blk K Lot 5 R-5126-00K-0050-1 Godlove Fumbu Wylie, Texas 75098 Cimarron Estates 2706 Gold Hill Drive 10 Blk K Lot 6 R-5126-0OK-0060-1 Jacob Cortez Wylie,Texas 75098 Cimarron Estates 2704 Gold Hill Drive 11 Blk K Lot 7 R-5126-0OK-0070-1 Diana Boboli Wylie,Texas 75098 Cimarron Estates 7934 Fair Oaks Avenue 12 Blk K Lot 8 R-5126-00K-0080-1 Seth Vangerpen Dallas,Texas 75231 Cimarron Estates 2802 Gold Hill Drive 13 Blk J Lot 41 R-5126-00J-0410-1 Clinton Sims Wylie,Texas 75098 Cimarron Estates 2800 Gold Hill Drive 14 Blk J Lot 42 R-5126-00J-0420-1 Tony Blassingame Wylie, Texas 75098 Tramell Addition 4306 Miller Road#A 15 Blk 1 Lot 1 R-4659-001-0010-1 DR Horton-Texas, Ltd. Rowlett,Texas 75088 4306 Miller Road#A 16 Abst 688-5 Tract 221 R-6688-005-2210-1 DR Horton-Texas, Ltd. Rowlett,Texas 75088 4306 Miller Road#A 17 Abst 688-5 Tract 229 R-6688-005-2290-1 DR Horton-Texas, Ltd. Rowlett,Texas 75088 4306 Miller Road#A 18 Abst 688-5 Tract 212 R-6688-005-2120-1 DR Horton-Texas, Ltd. Rowlett,Texas 75088 4306 Miller Road#A 19 Abst 688-5 Tract 141 R-6688-005-1410-1 DR Horton-Texas, Ltd. Rowlett, Texas 75088 4306 Miller Road#A 20 Abst 688-5 Tract 149 R-6688-005-1490-1 DR Horton-Texas, Ltd. Rowlett, Texas 75088 202 N. Bending Oaks Lane 21 Abst 688-5 Tract 220 R-6688-005-2200-1 Timmy Kreymer Wylie,Texas 75098 PO Box 490 22 Abst 688-5 Tract 232 R-6688-005-2320-1 Wylie LSD Wylie,Texas 75098 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 •, 14 1 ri 1.9 2C 1 r7.1 rq 0 '5 "F ate:t . 5 11 ,.I ..„...t 2,LI •:!1•N ..7•;Fi .3.,. -5:41.1. - I. 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"...E..,'•OWNER NOTIFICATION MAP ZONING CASE #2014....01 OF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,,4 8$ Meeting Date: January 28, 2014. Item Number: 2. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: January 20, 2014 Budgeted Amount: N/A Exhibits: 1 Subject Consider and act upon, a variance to the street widths defined in Part 3, Section II of the City of Wylie Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards for the Inspiration development located in the extraterritorial jurisdiction of the City of Wylie. Recommendation Motion to deny, a variance to the street widths defined in Part 3, Section II of the City of Wylie Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards for the Inspiration development located in the extraterritorial jurisdiction of the City of Wylie. Discussion The Inspiration development is a 694 acre master planned community located within the extraterritorial jurisdiction (ETJ) of the Cities of Wylie, Lucas, and the Town of St. Paul. The development portion within the City of Wylie ETJ is subject to the subdivision rules and regulation of the City of Wylie. As shown in the attached information provided by Jacobs Engineering Group, the Town of St. Paul has a standard residential pavement with 27' B-B (back of curb to back of curb) which is 5' narrower than the City of Wylie standard of 32' B-B. The developer is proposing a street width of 30' B-B throughout the development which is 2' less than the standard. They are also proposing a divided street section of 20' B-B instead of 25'B- B. The street widths were increased in 2002 from 27' B-B to 32' B-B to better accommodate emergency vehicles when two vehicles are parked on the street across from each other. Staff does not recommend approval of the variance. Page 1 of 1 t �Yi { rr„�f `j�yrrtr 1999 Bryan Street Suite 1200 Dallas,Texas 75201-3136 U.S.A. 1.214.638.0145 Fax 1.214.638.0447 November 19, 2013 Mr. Chris Hoisted, P.E., CFM City Engineer City of Wylie 300 Country Club Road Wylie, Texas 75098 Re: Inspiration - Request for Alternate Street Widths Dear Mr. Hoisted, Huffines Communities, Inc. is the owner and developer of a 694-acre residential master planned community known as Inspiration (formerly the Hanover Tract). Inspiration is located in eastern Collin County within the extraterritorial jurisdiction (ETJ) of the Cities of Wylie, Lucas and the Town of St. Paul. More specifically, the development is bounded by Parker Road (FM 2145), Aztec Road, the west side of Lake Lavon. The first phase of construction is to be located within Town of St. Paul ETJ and engineering for this phase is in the final design stage. A location map and color renderings of Phase 1 and Phase 2 are included as Exhibit A. Inspiration is planned as a residential suburban design with a mix of residential lot sizes varying from 7,800 square feet to 10,500 square feet. The development portion within the City of Wylie ETJ is subject to the subdivision rules and regulations of the City of Wylie. In order to develop Inspiration as a true master plan, uniformity and a consistent design standard throughout the development is needed, regardless of governing jurisdiction. The Developer would respectfully request consideration of approval for a variance to the street widths defined in Part 3, Section Il of the City of Wylie Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards. This request involves a desire to deviate from the standard 31' F-F (Face of curb to Face of curb) paving width requirement for the two types of residential streets as stated below: A. Standard Residential Street Section The Developer proposes to construct a 50' ROW with a 30' B-B (back of curb to back of curb) paving cross-section for the standard residential streets within both the City of Wylie and Town of St Paul. This request is based upon a discussion of several development and environmental concerns as defined below: 1) The deed restrictions will require the homes to have a minimum 2-car garage and a minimum 16' driveway width to allow a minimum of four (4) off-street parking spaces (two (2) driveway spaces and two (2) garage spaces). These deed restrictions will aid in creating several off-street parking spaces in order to minimize the number of vehicles parked in the roadway. Please refer to Exhibit B for further clarification. Jacobs Engineering Group Inc. Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 2) The Town of St. Paul utilizes the City of Plano standards for street section, with a 27' B-B street paving sections within a 50' ROW. These current conditions allow proper access for emergency vehicle services serving the area. Please see Exhibit C for further clarification. 3) The development is located in an area which is non-contiguous to any City of Wylie existing or future street. The streets are to be dedicated to and maintained by the Collin County District Water Control and Improvement District No. 3 (District). Due to the existence of the District and isolation of this parcel from the rest of the City of Wylie, this property most likely will never be annexed. In addition, the City of Wylie is not providing any utility services to the development. 4) Storm water flows are minimized with narrower street widths. The larger pavement sections create a higher non-porous surface drainage area which increases total storm water flows. The narrower street widths also minimize the heat generation effects created by wider pavement sections. Minimizing heat generation is reduces the effects on the environment. B. Divided Residential Street Section The Developer proposes to construct a divided street section within a variable width ROW for the main entry road (Inspiration Boulevard). The paving section proposed is two-20' B-B sections with a variable width median. This request is based upon a discussion of several development, aesthetic and safety concerns as defined below: 1) The Traffic Impact Analysis (TIA) report supports a two-lane road section for the entry roadway. A typical 25' B-B section is too wide and encourages increased vehicular speeds. The narrower 20' B-B section, along with the curvilinear design, is intended to slow down traffic through the community. 2) The divided section will add to the aesthetics and experience when driving through the community. The median and adjacent landscape areas will contain hardscape, landscape and water features. Please refer to Exhibit D for color renderings of the entryway design. The proposed paving sections for both the standard and divided residential streets are shown in Exhibit E. Important impacts such as proper emergency access, safety, environmental concerns and neighborhood aesthetics were strongly considered before submitting this request. Therefore, on behalf of the Developer, we would respectfully request consideration of approval for a variance to the City of Wylie street widths as shown in Exhibit E. 2 of 9 Mr. Chris Hoisted, P£. CFK4 City VfWylie November 19' 2013 Please contact me if you have any questions, comments, concerns or require additional information. 8incere|y, JACO08 ENGINEERING GROUP INC. Jim S. VWegert, P.E. Sr. Project Manager VVVXXO31O Attachment cc: swoomni. HwmneaCommunmoo. Inc. Sue Blankenship,HoQnnsCnmm"nitioo. Inc. 3of4 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 EXHIBIT A Location Map"� � o / � 4 u, ,- ' / nim Q wR 1 ' II , ".., we , xw r ^,' ..,..,..tilt,-'' y i_ r. p., 1 m rC 'i re � � a. r CC,, S; +d n 9WY � V IYY q� M m i .M1 ) 1 � CZ 4 , .i� 1 u ,,� m �ryy e ¢ tl4 d A 'l 4 1 l $d� y ' ,,1!''' ' '' "-' ,,,. ",,*7:grit'''-',.'1.1'" i,X-'.'' .-*1' ,n- ''*-* ' m' }ey. h �y� II i pg. Rif 6 " ' k v': r � a 1 ' - , '. Y 4 Fro 1 __,, r\.'7,1''''' inch LP,9�S ,I. O e L TIO MAP C BS 0 0 75:1,5:0 9Oit7 1 0: 4of9 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 LOTTING SU��NIARY "� a „sr ; ,t ,: r ��� � fir. ,_ , S ESy"� � Y '51� �a��yr} `v- iZ d ,"'., ,n ;,d' a='4� Aa�. +p�4 34� Dk� PHASE MODEL P'''5 i Ai ° »3 � �• , .fib s Y -,, "" + P r ., A, A m' fir?4a,'r" ,grew_tm9� �. �^'t I �Ptx ca" •�' --t! •F,✓ J y err ',.= 1 IF Fr LJlb`' - 4 1 � }"�` � ' a F 17$x S •'„ �1: ., �.. Ia ` JIfLLi y' Y 1 l �`?J.f` ' 7 ,°� rani IIII P .. I '-E`}}� t *�� �4. >a, Arg,. k- ll:: Y' 111 PHASE 2 MMODEL PARK{OPTIONAL) i� � ' ti nx,.T a9 F <i - f t � L � (Y � �� I P+3+Fq 'q 5 = L'VRIS +bow- Yn ahv.* d� �k � �S ( '� [Fa'kL'� � dY 1 t;Y 3'INN 17 trak. tri�ti T_,, i C-ti:t , ,R�SEI IACi•NIT]ELT , ` 4 ,5` -; " 1T1 {L�L"' -i � ' t ER ER AD 4 ll PHASE 1&2 MASTER PLAN ALTERNATIVE N 1%,13ATIIN! H LSA' - ...: �]JN=:7JNN.TD3E M 5 of 9 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 EXHIBIT B City of Wylie Parking Criteria The City of Wylie criteria mandates the following: Section 5.2 B 9 of the Wylie Zoning Ordinance states that for single-family detached developments, the required off-street parking is two spaces. Part 3, Section V, B (1) of the City of Wylie Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards states that residential driveways must have a minimum 12' width. The Wylie requirements require wider paving widths and right-of-way in order to allow vehicles to park on either side of the roadway and still allow City of Wylie emergency vehicle access, if needed. The requirement for four (4) off-street parking spaces per lot within the Inspiration development will aid in minimizing the amount of street parking needed by creating more parking space within the garage and driveways of each developed lot. In addition, this community will be serviced by City of Lucas emergency services, including fire. City of Lucas allows the narrower street sections for emergency access, as does the Town of St. Paul. 6 of 9 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 EXHIBIT C Geometric Standards City of Wylie Street and Thoroughfare Geometric Standards Functional Dimensional Section Pavement Median Parkway Right- Width (ft) Width of-Way Classification Classification Classification B-B Width (ft) (ft) (ft) Residential Street Standard Type E 32 - 9 50 City of St. Paul Street and Thoroughfare Geometric Standards Functional Dimensional Street Pavement Median Parkway Right- Width (ft) Width of-Way Classification Classification Classification B-B Width (ft) (ft) (ft) Residential Street Standard G 27 - 11.5 50 Inspiration — Proposed Street and Thoroughfare Geometric Standards Functional Dimensional Street Pavement Median Parkway Right- Width (ft) Width of-Way Classification Classification Classification B-B Width (ft) (ft) (ft) Residential Street Standard 30 - 10 50 Varies 25 Typ. Residential Street Divided 2 - 20 10' Min. 10 70-85 The 30' B-B paving section allows two 8-foot parking lanes and a 13-foot emergency access lane. This allows vehicles to park on either side of the street and still maintain a sufficiently sized thru-lane for emergency service vehicles. The divided paving section will have no parking and no driveway access allowed. The one-way 20' B- B section allows for an 8-foot lane for a stranded vehicle to park and provide a minimum 11-foot emergency access lane. 7 of 9 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 EXHIBIT D Entryway Design 1 , s. �' T.-7 a 10\41434 � \" t `----t.7 ",r� asp ,.� c 8 00 ., �,... �+ � (¢ �, • t� gib} w k5� � f }1 i?t y 1 a ., d ^.:—;,\-`.,..,...-h-"--„ 1t ; a�.. .. �s ft x Y i'_ _. ��hh py p'""�, i �� $} i h i p' a __.-.-.� ''""E '' '''I'''''''''''''""---J'''''-:: s� ram" 4 it E ' { a4sr a ry W"°w �'47 t '�'.it _.... �.... .. • „.,, `T?�`' i u.v, .,u„, ,a':wfs.',sas ,.,"5 w 8 of 9 Mr. Chris Hoisted, P.E., CFM City of Wylie November 19, 2013 EXHIBIT E Proposed Street Sections INSPIRATION ATION STREET SECTIONS :10' ROW 14' 30' B-B 10' PAVEMENT .Y ram, SIDEWALK siDE11Gti A RESIDENTIAL STREET SECTION NTS MINIMUM 70' IOW 10' 2.0' a-B MEDIAN _ 21:1' B-a 1a' PARKWAY PAVEMENT YI1 H PAVEMENT PARKWr IU (10' MIN) moth 1" -1 = c VARIES 10' ROADSIDE SIDEWALK '+y,�� :� • TRAIL BOULEVARD SECTION rns 9 of 9