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02-13-2018 (City Council) Agenda Packet Wylie City Council CI O WYLIE NOTICE OF MEETING Regular Meeting Agenda February 13, 2018 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Diane Culver Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. February 13,2018 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of January 23,2018 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Resolution No. 2018-08(R) authorizing the Mayor to execute a Project Specific Agreement RE: Pleasant Valley Road, "Type B" Public Roadway—Made Pursuant to Master Road & Bridge Interlocal Maintenance Agreement Between Dallas County,Texas and City of Wylie,Texas. (M. Sferra, Public Services Director) C. Consider, and act upon, the award of a professional services project order (PSPO) #W2018- 42-E for the Water Line Rehabilitation of SH78/Brown Street and Ballard Avenue/First Street to Kimley-Horn and Associates, Inc. in the amount of$53,000.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) D. Consider, and act upon, the award of RFQ#W2018-33-B for Nortex 1.0 MG Ground Storage Reservoir to Eagle Contracting, L.P., in the amount of $2,007,247.00 and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) E. Consider, and act upon, Ordinance No. 2018-03 amending Ordinance No. 2006-04, Article 5, Section 5.2.F.5 Body Art Studio and creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic Establishment. ZC 2017- 10 (R. 011ie, Development Services Director) F. Review, and place on file, the 2017 Wylie Police Department Annual Contact Report. (A. Henderson, Police Chief) G. Consider, and act upon, Resolution No. 2018-09(R) authorizing the City Manager to execute a Consent to Assignment by and between the Southeast Collin County EMS Coalition, consisting of the Texas cities Wylie, Parker, St. Paul, Lavon and Collin County, Texas (collectively, the "Coalition", East Texas Medical Center ("Tyler Hospital"), ETMC EMS ("ETMC EMS"), and Paramedics Logistics Texas,LLC ("PP Texas"). (B. Parker, Fire Chief) H. Consider, and act upon, Ordinance No. 2018-04 amending Ordinance No. 2017-26 (2017- 2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing,savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director, L. Yanez, HR Director) I. Consider, and act upon, Resolution No. 2018-10(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 5, 2018 Wylie General Election for the City's Voters residing in Collin County. (S. Storm, City Secretary) J. Consider, and act upon, the First Amendment to the Employment Agreement between the City of Wylie and Mindy Manson. (M. Manson, City Manager) February 13, 2018 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural — 30 District (AG-30) to Planned Development for Single Family on approximately 52 acres, generally located northeast of the intersection of South Ballard and Pleasant Valley Road ZC2017-13 (R. 011ie, Development Services Director) Executive Summary The applicant is requesting for a change of zoning to a Planned Development to allow for single family residential use on approximately 52 acres generally located northeast of the intersection of South Ballard and Pleasant Valley Road. 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development Multi-Family/Community Retail (PD-MF/CR) to allow for a 286 unit multi-family development with commercial uses on a 15.72 acre tract of land located northwest of the intersection of State Highway 78 and Westgate.(ZC 2017-12) (R. 011ie, Development Services Director) Executive Summary The Applicant is proposing a planned development to allow for an urban style approximately 300 unit multi- family development that will also include commercial uses. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSIONS • Discuss the remodel of Fire Station 2 and the purchase of 109' aerial ladder. (B. Parker, Fire Chief) • Discuss the remodel and expansion of the Public Safety Building. (C. Holsted, Asst. City Manager) • Presentation and update on City of Wylie branding initiative funded through the Wylie Economic Development Corporation. (C. Kelly, Public Information Officer) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attomey as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. February 13,2018 Wylie City Council Regular Meeting Agenda Page 4 of 4 §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. CERTIFICATION I certifY that this Notice of Meeting was posted on February 9, 2018 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council CITY OF ::. Minutes Regular Meeting Tuesday, January 23, 2018 - 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 tern Keith Stephens, Councilman David Dahl, Councilwoman Candy Arrington, Councilman Jeff Forrester; Councilwoman Diane Culver, and Councilman Timothy Wallis. Staff present included: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Finance Director, Linda Bantz; Development Services Director, Renae 011ie; WEDC Executive Director, Sam Satterwhite; City Engineer, Tim Porter; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilwoman Arrington led the Pledge of Allegiance. PRESENTATIONS co Proclamation Declaring January 23, 2018 as "Carole Ehrlich Day" in the City of Wylie. Mayor Hogue presented a proclamation designating January 23, 2018 as "Carole Ehrlich Day" in the City of Wylie. He noted her 15 years of service while serving as City Secretary for the City of Wylie. co Wylie Way Students. Minutes January 23, 2018 Wylie City Council Page 1 Mayor Hogue and Mayor pro tern Stephens 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 fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Becky Bernardi of Nevada addressed Council requesting to be placed on the February 13, 2018 agenda to speak about the Wylie Resolution regarding the Lavon Corridor Freeway. Ronni Fetzer of Wylie addressed Council indicating her support for Item #8 regarding the support for Heritage at Wylie, an affordable housing tax credit project for seniors over the age of 55. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of January 9, 2018. Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2018-01 to change the zoning from Agricultural-30 (AG/30) District to Neighborhood Services (NS) District for commercial purposes on one acre, generally located approximately 1,160 feet west of Westgate Way within the E.C. Davidson Survey, Abs A0266, Tr 18, and more specifically at 1250 W. Brown Street. ZC2017-08 (R. 011ie, Development Services Director) C. Consider, and act upon, Ordinance No. 2018-02 amending Ordinance No. 2017-26 (2017- 2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing,savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director) D. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31, 2017. (L. Bantz, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for December 31,2017. (L. Bantz, Finance Director) F. Consider, and act upon, the request from the Lt. Robert Welch Charity for a vendor fair at Olde City Park on April 7, 2018, with rain date of April 14, 2018. (R. Diaz, Parks & Recreation Superintendent) G. Consider, and act upon, the acceptance of the resignation of David White and appointment of Phillip Gilbert as a new Board Member to the City of Wylie Parks and Recreation Board to fill the term of January 2018 to June 30,2018. (C. Ehrlich, City Secretary) Minutes January 23, 2018 Wylie City Council Page 2 H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of November 30, 2017. (S. Satterwhite, WEDC Director) I. Consider, and act upon, Resolution No. 2018-03(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be administered by the Collin County Elections Administrator and the City of Wylie on May 5, 2018, for the purpose of electing the positions two (2) Council members (Place 2 and Place 4) of the Wylie City Council,to hold office for a period of three (3) years; Designating locations of polling places; Designating filing deadlines; Ordering Notices of Election to be given as prescribed by law in connection with such election. (C. Ehrlich, City Secretary) J. Consider, and act upon, Resolution No. 201.8-04(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, Appointing Election Officials for the General Election on May 5,2018,for the purpose of electing the positions of two (2) Council members (Place 2 and Place 4)of the Wylie City Council. (C. Ehrlich, City Secretary) Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Culver to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change of zoning from Single-Family 10/24 (SF-10/24) District to Planned Development for Patio Homes on approximately 18 acres, generally located at the northwest corner of Brown Street and Westgate Way within the D.W. Williams Survey, Abs A1021, Tr 2. ZC2017-09 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting zoning for a Planned Development to allow for single family residential uses on 18.393 acres generally located on the northwest corner of Brown and Westgate. 011ie explained, the current zoning on the property is SF-10/24, meaning a minimum 2,400 sf home on a 10,000 sf lot. In general terms, the applicant is requesting PD conditions that allow for homes starting at 1,800 sf on 5,500 sf lots with a minimum of 40% of those homes close to the 2,400 sf requirement at 2,200 sf. Conditions of the PD set a maximum lot count not to exceed 60 lots. The proposal includes a 5.3 acre park dedication to the City with the developer completing all park improvements, including continuation of a major hike/bike trail corridor. The Parks Board has recommended approval of the park improvements proposed by the applicant. This parkland dedication represents approximately 30% of the total acreage of the PD. Other differences from standard zoning include (Exhibit B): Lot coverage increases to 65% from 45% - Lot width is decreased from 75' to 50' Lot depth is increased from 100' to 110' Set backs are reduced to 5' side and 15' rear from 10' and 25' - Because of the lot coverage, accessory structures will not be allowed. Minutes January 23, 2018 Wylie City Council Page 3 - Lots along the park will use wrought iron and masonry fences. Notification/Responses: Forty-Four (44) notifications were mailed, with two responses returned against the item at the time of posting. The Commissioners voted 7-0 to recommend approval of the request as submitted. Council Discussion Mayor pro tem Stephens confirmed with 011ie that about six homes would be located in the flood zone. Councilwoman Culver asked if there were any other 5,500 sq. ft. lots in the City. 011ie reported that there are some in the City and they are located in Kreymer Estates and Woodbridge Phase 21. Mayor Hogue and Councilwoman Culver expressed concerns with this developer due to previous history and experiences with the City. Trey Wallette and John Arnold, representing the Skorbourg Company, were present for questions from council. Councilwoman Culver stated that their presentation and PD had conflicting numbers; the presentation stated the size of the homes would range from 1,850-3,500 sq. ft. while the PD states 1,800-2,400 sq. ft. Wallette responded that at least 40% or more of this neighborhood had to be over 2,200 sq. ft.; only 25% can be between 1,800-2,000 sq. ft. Wallette stated that this neighborhood was being completed in two phases so that they can file a LOMR with FEMA to build up the lots located in the floodplain to a safe level but the entire infrastructure will go in at the same time. Arnold stated they could come back to council after all the infrastructure, park, trail, etc. is completed, and could request the start of phase one. Councilwoman Culver stated she would like the park and amenities complete before any CO's are issued. 011ie reported under special conditions in the PD staff can add number nine and include a provision that all improvements/park amenities must be constructed or installed prior to releasing any CO's for any single family dwellings. Councilman Dahl asked about the smaller home size, requesting lowering the 25% to 20%. He stated he is sensitive to the market need for people to buy a new single story three bedroom home in Wylie. Arnold stated they could lower that percentage to 20%. Councilwoman Arrington expressed she did not have a concern with the smaller size homes for residents that do not want a large home. Mayor Hogue reminded council that the City is not getting more land so they need to be thoughtful of what is done with the land that is left. Public Hearing Mayor Hogue opened the public hearing on ZC 2017-09 at 7:16 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor Hogue closed the public hearing at 7:17 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Forrester to table item #1 for staff to gather, and clarify, information to be included in the Planned Development relating to lot size, home size, ratios of lot and home size, and include that no CO's be issued until all amenities/park areas are complete. A vote was taken and the motion passed 6-1 with Mayor Hogue, Councilman Forrester, Councilwoman Culver, Councilwoman Arrington, Councilman Wallis, and Councilman Dahl voting to table and Mayor pro tern Stephens voting against. Minutes January 23, 2018 Wylie City Council Page 4 2. Hold a Public Hearing and consider, and act upon, an amendment to Article 5, Section 5.2.F.5 Body Art Studio of the Zoning Ordinance to create a new category for Permanent Cosmetics. ZC 2017-10 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating the recommendation is to create a new use category for Cosmetic Tattoo by defining permanent cosmetics and excluding it from Body Art or Tattooing. This use would also include micro-blading as a form of semi-permanent make-up that provides a means to partially or fully camouflage missing eyebrow hair with the appearance of simulated hair using fine deposits of pigments. Public Hearing Mayor Hogue opened the public hearing on ZC 2017-10 at 7:25 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor Hogue closed the public hearing at 7:26 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve an amendment to Article 5, Section 5.2F.5 Body Art Studio of the Zoning Ordinance to create a new category for Permanent Cosmetics. A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing and consider, and act upon, an amendment to Article 3, Section 3.3.0 Manufactured Home District of the Zoning Ordinance No. 2005-58 establishing development standards. ZC 2017-11 (R. 011ie, Development Services Director) Executive Summary After the December 5th work session and further research, staff is requesting to withdraw from consideration an amendment to modify the lot size for Manufactured Home District. A majority of the Planning & Zoning Commission discussion focused on lot sizes between 6,000 sf and 6,500 sf. With the current ordinance having a minimum lot size of 7,200 sf and only one tract of land currently zoned MH, it may not be in the best interest of the city to undertake an amendment at this time. Public Hearing Mayor Hogue opened the public hearing on ZC 2017-11 at 7:29 p.m. asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor Hogue closed the public hearing at 7:30 p.m. Council Action A motion was made by Councilman Wallis, seconded by Councilman Dahl to accept the withdrawal to consider an amendment to Article 3, Section 3.3.0 Manufactured Home District of the Zoning Ordinance No. 2005-58 establishing development standards. (ZC 2017-11) A vote was taken and the motion passed 7-0. Minutes January 23, 2018 Wylie City Council Page 5 4. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR)for FY 2016-2017 after a presentation by the audit firm of Weaver L.L.P. (L. Bantz, Finance Director) Satff Comments Finance Director Bantz addressed Council stating the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Weaver has performed an audit as of September 30, 2017. This is the fourth year for the audit to be performed by Weaver after their selection to continue as the City's independent auditors following an RFP process done during 2014. Prior to that Weaver had served as the City's auditors for six years. Mr. John DeBurro, Partner-Assurance Services, with Weaver provided a brief summary of the 2016/17 CAFR, including the Independent Auditors' Report. He reported that Weaver had found the audit to be an unmodified opinion. He explained that Weaver had issued the Independent Auditor's Report on Internal Control over Financial Reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. An unmodified report is the best reporting a city can receive where no deficiencies were found. Mr. DeBurro reviewed some of the highlights of the FY 2016-2017 report. A complete copy of the FY 2016-2017 CAFR is on file for review and on the City website. Mayor Hogue thanked the members of the Finance Department for a great job in compiling and reporting the City's financial affairs. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilwoman Arrington to accept the Comprehensive Annual Financial Repot (CAFR) for FY 2016-2017 by the audit firm of Weaver L.L.P. A vote was taken and the motion passed 7-0. 5. Consider, and place on file, the 2017 Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Director) Staff Presentation WEDC Executive Director Sam Satterwhite delivered the 2017 Annual Report to the Wylie City Council. This report provided a financial overview and condition of the Corporation as well as an update on 2017 business activity and 2018 Goals & Objectives. The WEDC began the fiscal year with a fund balance of$465,686. The report noted sales tax collections increased 5.87% over prior year receipts totaling $2,627,376. Other revenues included rental income of $120,857, sale of one pad site on Highway 78 for $1,350,000, and loan payments of $14,150 and $2,300,000 in loans secured for the acquisition of property. Total FY 2016-2017 available operating funds equaled $6,881,586. Expenditures for WEDC operations were as follows: Personnel - $408,335, administrative costs - $133,782, marketing and promotion activities - $160,865, debt service - $1,862,453 (which included a $1,000,000 principal reduction payment), direct business incentives - $863,913, and $272,605 in other expenses including environmental clean-up and site development related expenses such as surveys. Total expenditures for FY 2016-2017 were$6,778,466. In 2017, the WEDC executed seven Performance Agreements totaling 100,000 square feet of new construction, facilitated $18.7 mm in new investment and created/retained 123 jobs. In January 2018, Minutes January 23, 2018 Wylie City Council Page 6 two Performance Agreements were executed securing 10,000 square feet in new construction, $1.2 mm in new value, and 10 new jobs. In 2018, the WEDC will concentrate their efforts toward a final determination for the use of the Peddicord Center, partnering with the City to prepare the 544 Gateway property for redevelopment which includes finalization of the VCP process with the TCEQ, waterline improvements, and development of a Masterplan in cooperation with the City Council. Finally, the WEDC will focus on Business Park Development, particularly opportunities that may exist on Alanis and Steel Road. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilwoman Arrington to accept and place on file, the 2017 Wylie Economic Development Corporation Annual Report. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, approval of Resolution No. 2018-05(R) authorizing the City Manager to execute a Funding Agreement with Dallas County to establish a preliminary proposed budget for the Pleasant Valley Road Project from Merritt Road to the Dallas County Line. (T. Porter, City Engineer) Staff Comments City Engineer Porter addressed Council stating that in September 2012, staff submitted an application to Dallas County for funding of improvements to Pleasant Valley Road from Merritt Road to the Dallas County Line. In 2013, Dallas County Commissioners Court approved selections for the 6th call for projects for capital improvements, and on November 5, 2013, the City and County entered into a Master Agreement Governing Major Capital Improvement Program (Master Agreement) by Commissioners Court Order 2013-1923, for the purpose of transportation improvements on roads inside Dallas County. Funds for the project will come from Impact fees. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Dahl to approve Resolution No. 2018-05(R) authorizing the City Manager to execute a Funding Agreement with Dallas County to establish a preliminary proposed budget for the Pleasant Valley Road Project from Merritt Road to the Dallas County Line. A vote was taken and the motion passed 7-0. 7. Consider, and act upon,approval of Resolution 201.8-06(R) authorizing the City Manager to execute a Funding Agreement with Dallas County to establish a preliminary proposed budget for the Muddy Creek Bridge project from Country Club Drive to the Dallas County Line. (T. Porter, City Engineer) Staff Comments City Engineer Porter addressed Council stating that in September 2012, staff submitted an application to Dallas County for funding of improvements to Sachse Road at the Muddy Creek Bridge from Country Club Drive to the existing 4-lane extension of Ballard Avenue. In 2013, Dallas County Commissioners Court approved selections for the 6th call for projects for capital improvements, and on November 5, 2013, the City and County entered into a Master Agreement Governing Major Capital Improvement Program (Master Agreement) by Commissioners Court Order 2013-1923, for the purpose of transportation improvements on roads inside Dallas County. Funds for the project will come from City Impact Fees. Minutes January 23, 2018 Wylie City Council Page 7 Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Wallis to approve Resolution 2018-06(R) authorizing the City Manager to execute a Funding Agreement with Dallas County to establish a preliminary proposed budget for the Muddy Creek Bridge project from Country Club Drive to the Dallas County Line. A vote was taken and the motion passed 7- 0. 8. Consider, and act upon, approval of Resolution No. 2018-07(R) for support for a proposed affordable housing tax credit project, Heritage at Wylie, generally located southeast of the intersection of Vinson Road and Neva Lane at the approximate 2300 block of County Line Road. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant approached the City with a request to develop a tract of land for multi-family purposes on approximately 13 acres. The site is currently zoned Multi-Family (MF) District. The applicant presented an overview of their proposal at the January 9th Council meeting for an age restricted development not to exceed 136 one and two bedroom units. The apartment homes with be a gated 3 story community. A Conceptual Plan is included in the agenda packet. Council Action A motion was made by Councilman Forrester, seconded by Mayor pro tem Stephens to approve Resolution No. 2018-07(R) for support for a proposed affordable housing tax credit project, Heritage at Wylie, generally located southeast of the intersection of Vinson Road and Neva Lane at the approximate 2300 block of County Line Road. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2018-01 and 2018-02 into the official record. Mayor Hogue recessed the Council into Executive Session at 8:34 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: co City Manager Evaluation RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 9:36 p.m. Minutes January 23, 2018 Wylie City Council Page 8 There was no action taken as a result of Executive Session. ADJOURNMENT A motion was made by Councilman Forrester, seconded by Councilman Dahl to adjourn the meeting at 9:50 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes January 23, 2018 Wylie City Council Page 9 Ie`. 4 Wylie City Council ter:as 1/4.44 A o�a Fzi ,e AGENDA REPORT Meeting Date: February 13, 2018 Item Number: B Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: January 16, 2018 Budgeted Amount: Project Specific Agreement Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2018-08(R) authorizing the Mayor to execute a Project Specific Agreement RE: Pleasant Valley Road, "Type B" Public Roadway—Made Pursuant to Master Road & Bridge Interlocal Maintenance Agreement between Dallas County, Texas and City of Wylie, Texas. Recommendation Motion to approve Resolution No. 2018-08(R) authorizing the Mayor to execute a Project Specific Agreement RE: Pleasant Valley Road, "Type B" Public Roadway—Made Pursuant to Master Road & Bridge Interlocal Maintenance Agreement Between Dallas County, Texas and City of Wylie,Texas. Discussion On November 14, 2017, the Wylie City Council approved Resolution No. 2017-21(R) authorizing the City to enter into a Master Interlocal Agreement with Dallas County for the purpose of partnering on the repair and maintenance of certain roadways, drainage culverts,pothole repair,roadway debris removal and other transportation related services. Now that the Master Interlocal Agreement is in place,Project Specific Agreements (PSA) can be executed by both parties for individual projects identified as candidates for joint participation. Staff recommends that the City enter into a PSA with Dallas County to rehabilitate and overlay Pleasant Valley Road from the Collin County/Dallas County line to Elm Creek Road. The City would be totally responsible for construction and maintenance of the project, and Dallas County would be responsible to the City for a contribution, in the form of a reimbursement, of an amount not exceeding 50% of the initial and anticipated project costs. The City has obtained a quote from its asphalt contractor in the amount of$204,137.00 for the project. After project completion and payment to the contractor, the City will submit project-related invoices to Dallas County and be reimbursed$102,068.50. Staff is coordinating with the City's asphalt contractor, Reynolds Asphalt and Construction Company, to schedule this work in May — June 2018 timeframe. Sufficient project funding is in the approved, current fiscal year Street Division budget. (Rev 01/2014) Page 1 of I RESOLUTION NO. 2018-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A PROJECT SPECIFIC AGREEMENT RE: PLEASANT VALLEY ROAD, "TYPE B" PUBLIC ROADWAY— MADE PURSUANT TO MASTER ROAD & BRIDGE INTERLOCAL MAINTENANCE AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND CITY OF WYLIE, TEXAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Project Specific Agreement RE: Pleasant Valley Road, "Type B" Public Roadway—Made Pursuant To Master Road & Bridge Interlocal Maintenance Agreement Between Dallas County, Texas and City of Wylie, Texas. (Exhibit A) SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of February, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No.2018-08(R) Project Specific Agreement—Pleasant Valley Rd. EXHIBIT "A" Project Specific Agreement Resolution No.2018-08(R) Project Specific Agreement—Pleasant Valley Rd. PROJECT SPECIFIC AGREEMENT RE: PLEASANT VALLEY ROAD, "TYPE B" PUBLIC ROADWAY -- MADE PURSUANT TO MASTER ROAD & BRIDGE INTERLOCAL MAINTENANCE AGREEMENT BETWEEN DALLAS COUNTY, TEXAS AND CITY OF WYLIE, TEXAS This Project Specific Agreement,(hereinafter"PSA"),supplemental to the Master Interlocal Agreement, is made by and between Dallas County, Texas (hereinafter"County") and the City of Wylie, Texas (hereinafter"City"), acting by and through their duly authorized representatives and officials, for the purpose of transportation-related maintenance, repairs and improvements to be undertaken in certain designated blocks of enumerated public roadway as more fully set forth and described in Attachments "A" and"B," incorporated herein by reference ("Project"). WHEREAS,Chapter 791 of the Texas Government Code and Chapters 251 and 472 of the Texas Transportation Code provide authorization for local governments to contract amongst themselves for the performance of governmental functions and services; and WHEREAS, on or about December 19, 2017, County and City entered into a Master Interlocal Agreement ("Agreement"), whereby County agreed to provide partial funding for such duly qualified "Type B" road and bridge maintenance projects, said projects situated within the territorial limits and jurisdiction of City, and WHEREAS, City now desires County to provide partial funding for such a duly qualified project consisting of maintenance, repairs and improvements of designated blocks of enumerated public roadway situated in the City of Wylie, Texas, as more fully described in Attachment"A." NOW THEREFORE THIS PSA is made by and entered into by County and City, for the mutual consideration stated herein. Witnesseth Article I Project Specific Agreement This PSA is specifically intended to identify a Project authorized under the Master Agreement. This document sets forth the rights and responsibilities pertaining to each party hereto, and is additional and supplemental to the Master Agreement, and all amendments and supplements thereto,which are incorporated herein. All terms of the Master Agreement remain in full force and effect, except as modified herein. In the event of any conflict between the Master Agreement and this PSA, this PSA shall control. Article II Incorporated Documents This PSA incorporates,as if fully reproduced herein word for word and number for number, the following items: 1. Master Interlocal Agreement authorized by County Commissioners Court Order. 2017-1683 dated December 31, 2017, and additions thereto as incorporated herein, 2. The Construction Estimate (Attachment "A"), and PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 1 3. Map/Diagram of the Proposed Work Site(Attachment"B"). Article III Term of Agreement This PSA becomes effective when signed by the last party whose signature makes the agreement fully executed and shall terminate upon the completion and acceptance of the Project by City or upon the terms and conditions in the Master Agreement. Article IV Project Description This PSA is entered into by the parties for purpose of jointly identifying and funding repair, maintenance and improvements on duly qualified"Type B"public roadway within the City of Wylie, Texas. The Project shall consist of asphalt overlay of Pleasant Valley Road from the Collin County/Dallas County line to Elm Grove Road in the City of Wylie,Texas,(hereinafter"Project"), and as more fully described in Attachments "A" and "B." The Project is authorized by the aforementioned Master Interlocal Agreement, with the parties' obligations and responsibilities governed thereby, as well as by the terms and provisions of this PSA. The Project will facilitate the safe and orderly movement of public transportation to benefit both the City and County. The City has and hereby does give its approval for expenditure of County funds for the construction, improvement, maintenance, or repair of a street located within the municipality. Article V Fiscal Funding Notwithstanding anything to the contrary herein,this PSA is expressly contingent upon the availability of County funding for each item and obligation contained herein. City shall have no right of action against the County regarding this PSA, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or teiiiiinate this PSA. In the event that payments or expenditures are made,they shall be made from current funds as required by Chapter 791, Texas Government Code. Notwithstanding anything to the contrary herein,this PSA is expressly contingent upon the availability of City funding for each item and obligation contained herein. County shall have no right of action against the City as regards this PSA,specifically including any funding by City of the Project in the event that the City is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding,or if funds become unavailable in whole or part,the City, at its sole discretion, may provide funds from a separate source or teiiiiinate this PSA. In the event that payments or expenditures are made,they shall be made from current funds as required by Chapter 791, Texas Government Code. PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 2 Article VI Agreements City's Responsibilities: 1. City, at its own expense, shall be responsible for the following: (a) managing construction of the Project; (b) informing the public of the proposed maintenance, repairs or improvements of the Project; (c)locating all manholes,water valves, and other utilities within the Project, (d) making or causing to be made all utility relocations or adjustments necessary for execution and completion of the Project;(e) acquiring any right-of-way necessary to complete the Project; (f) remediating any hazardous or regulated material, or other environmental hazard in the Project location,(g)receiving and processing all payments due contractors City hires to work on the Project; (h) contracting through foiiiial bidding procedures to acquire the services of contractors; (i) where necessary, providing appropriate traffic control support, including but not limited to flagging, cones, barricades, shadow vehicles, arrow boards,signage,police presence,etc.,to enable the Project to be completed in a timely and safe manner; and(j) funding the purchase of all materials necessary to perfoiiii the Project construction. 2. City shall further be responsible for all maintenance when the Project is completed. IL County Responsibilities: 1. County shall reimburse City for proportionate Project costs,as more fully set forth in Section III below. 2. County,its Auditor or its designated representative(s)shall have the unrestricted right to audit any and all accounting or other records regarding any funds paid or claimed under this agreement,including,but not limited to all books,records,reports,tickets, deposits,expenditures,budget or any item therein,supporting data,computer records and programs, and all items of hardware, software or firmware, or any other item utilized by the City regarding this agreement. City agrees that all related records shall be retained for a period of time not less than four(4)years from the date of the teiiiiination of this Agreement. Such records shall be provided to the County in Dallas County, Texas and available for any audit at any time upon request. The results of any audit may be furnished to City for comment. III. Funding: County and City mutually agree that the initial and anticipated Project cost is approximately $204,137.00 as set forth in Attachment"A." The parties hereto further agree that City shall be totally responsible for the construction and maintenance of said Project,and that County shall only be responsible to City for a contribution, in the foliif of reimbursements, of $102,068.50, which amount shall not exceed Fifty Percent (50%) of the initial and anticipated Project cost. 1. Should the final cost of the Project exceed the initial and anticipated Project costs, PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 3 City agrees to either reduce the scope of the Project, or to seek additional funding to facilitate its completion. In either event, City shall be solely responsible for all such costs in excess thereof, and County shall bear no additional responsibilities beyond those contemplated herein. 2. City shall submit invoices to County, which invoices shall provide complete information and documentation to substantiate City's charges. County's acceptances of City's invoices are contingent upon City's compliance with County's invoicing procedures. County may withhold any disputed amounts until such time as the underlying dispute is resolved to County's satisfaction,but shall pay all undisputed amounts timely. Article VII Miscellaneous: Indemnification.County and City agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunity available to County or City or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under Texas or other law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise,in or to any third persons or entities. IL No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of County and City that any entity other than County or City receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right and responsibilities of the parties hereto. III. Applicable Law. This PSA is and shall be expressly subject to the County's and City's Sovereign Immunity and/or Governmental Immunity,pursuant to Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable federal and state laws. This PSA shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action regarding this PSA shall lie in Dallas County, Texas. IV. Notice. All notices, requests, demands, and other communication under this PSA shall be tendered in writing and shall be deemed to have been duly given when either delivered in person,via e-mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as follows: COUNTY: Director of Public Works Commissioner Mike Cantrell Dallas County and Road& Bridge District#2 411 Elm Street, Suite 400 411 Elm Street, Second Floor Dallas, Texas 75202 Dallas, Texas 75202 CITY: City Manager City of Wylie 300 Country Club Road, Bldg. 100 Wylie, Texas 75098 PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 4 V. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party. VI. Binding Agreement; Parties Bound. Upon execution by the parties,this PSA shall constitute a legal, valid and binding obligation of the parties, their successors and permitted assigns. VII. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto. VIII. Counterparts. This PSA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IX. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid,illegal or unenforceable,but this PSA shall be construed as if such provision had never been contained herein,and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect. X. Entire Agreement. This PSA embodies the complete agreement of the parties,and except where noted, it shall supersede previous and/or contemporary agreements, oral or written, between the parties and relating to matters in the PSA. XI. Contingent. This PSA is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court and by resolution of the City Council of the City of Wylie. The City of Wylie, State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution No.2018-08(R), Minutes , dated the 13th day of February, 2018. The County of Dallas, State of Texas,has executed this agreement pursuant to Commissioners Court Order Number and passed on the day of , 2018. Executed this the 13th day of Executed this the day of February, 2018. , 2018. CITY OF WYLIE: COUNTY OF DALLAS: CLAY LEWIS JENKINS MAYOR COUNTY JUDGE PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 5 ATTEST: APPROVED AS TO FORM:* FAITH JOHNSON DISTRICT ATTORNEY CITY SECRETARY Sherri Turner Assistant District Attorney "By law,the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval,and should seek review and approval by their own respective attorney(s). PSA-City of Wylie—Pleasant Valley Road FY2018("Type B")(February 2018) 6 ATTACHMENT A CITY co WYLI Tam P'Td®a.dfll Rr�yf9agf ANT PRICE TOTAL I COMPLETED _ OM QUANTITY TO[RATH i a, I ."RRu.ry rN,,ar..ri 0.'u:ruw*a. ... ^�w�` �+RC+3F' 2 , )22, 3 A3.033.4M1 immirmir s �i43 8a laiti+a ry� 1,1 ar, � n— T:a •C r rd!N4A tn 14 ins I. Ir 22 d ,1111111211111. " r r1 ,,,,,,,,, , "1" fir,.AY�fagI.uirsl l Ju.. Pnr o P' NrTr v'. NrrTE" 54 aos r llr�d 24 e 7m >n'::. v 'cwt ,s'1^2, ' isriril 1 _. ''' r wfixr .•"d-. n ri. N" i;m!...i °a,, .'c r wIMIKEIMINC +1�n ' ,,... Ik1 ' F FT: T �. 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'1,) ' Ne ' ' ,v, ,?a.,‘„a- ,‘,v1„),,a,,a 44\a„,:', Map/Diagram of the Proposed Work Site Attachment "B" 0 tiort I l'n'Orl Fool t Map Diet 1 it V201,8 Inch 7 1,200 feet PSA-City of Wylie-Pleasant Valley Road FY2018("Type B")(February 2018) 8 Wylie City Council tilow AGENDA REPORT era uew aw'�a,� 11187 4)3rk Meeting Date: February 13, 2018 Item Number: C Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 611-5712-58310 Date Prepared: January 26, 2018 Budgeted Amount: $420,000.00 Exhibits: Subject Consider, and act upon, the award of a professional services project order (PSPO) #W2018-42-E for the Water Line Rehabilitation of SH78/Brown Street and Ballard Avenue/First Street to Kimley-Horn and Associates, Inc. in the amount of$53,000.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to award a professional services project order (PSPO) #W2018-42-E for the Water Line Rehabilitation of SH78/Brown Street and Ballard Avenue/First Street to Kimley-Horn and Associates,Inc. in the amount of$53,000.00 and authorizing the City Manager to execute any necessary documents. Discussion The FY17-18 Water Division budget includes funding for design and construction of two (2) water utility rehabilitation projects. The SH 78/Brown Street water line replacement segment is comprised of approximately 400 linear feet of new, 14-inch PVC water line at the southwest corner of the intersection of Highway 78 and Brown Street. The purpose of this project is to establish a connection between two existing lines to create a bi-directional feed to the service area to minimize service interruptions during repairs and maintenance. The Ballard/First Street water line replacement segment is comprised of approximately 1,100 linear feet of new, 8-inch PVC water line in the alley between Ballard Avenue and First Street (from Butler Street south to an existing drainage easement). The new line will replace an existing 6-inch ductile iron line that has deteriorated and been repaired many times over the years. Coordination with North Texas Municipal Water District(NTMWD)is anticipated for crossing over an existing 72-inch water line in Butler Street. These two water line replacement segments will involve coordination with NTMWD and the Texas Department of Transportation(TxDOT) for approval of water line replacement alignments prior to construction. PSPO W2018-42-E is issued under Master Agreement for Professional and Engineering Services (MAPES) #W2017-76- A-F. Staff recommends the award of this agreement in the amount of $53,000 for the design portion of the two (2) projects, and has determined Kimley-Horn and Associates Inc. to be the most qualified firm for Category F (Rehabilitation of Existing Water,Wastewater and Drainage Facilities)in accordance with Government Code 2254. (Rev 01/2014) Page 1 of I :fit Wylie City Council Nera ue AGENDA REPORT 1f3 4)3Ck Meeting Date: February 13, 2018 Item Number: D Department: Purchasing (City Secretary's Use Only) Prepared By: G. Hayes Account Code: 625-5740-58310 Date Prepared: Budgeted Amount: $2,175,000.00 Exhibits: Bid Tabulation Subject Consider, and act upon, the award of bid #W2018-33-B for Nortex 1.0 MG Ground Storage Reservoir to Eagle Contracting, L.P., in the amount of $2,007,247.00 and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award bid #W2018-33-B for Nortex 1.0 MG Ground Storage Reservoir to Eagle Contracting, L.P., in the amount of$2,007,247.00 and authorizing the City Manager to execute any and all necessary documents. Discussion The existing steel tank at the Nortex Pump Station was taken out of service over two years ago due to excessive leakage, and it has reached the end of its economically-feasible life. The out-of-service tank is a bolted-steel type that was purchased in used condition, dismantled, and then reassembled at the current site more than 25 years ago. It has a storage capacity of just under 900,000 gallons. The new replacement tank will have a storage capacity of one million gallons and will be constructed of concrete. It will match appearance of the other concrete tank that is at the Nortex site. The storage capacity of both tanks together will be two and a half million gallons. The engineering plans have been reviewed and approved for construction by the Texas Commission on Environmental Quality. The contract specifies 300 calendar days to achieve final completion. Two temporary construction easements have been obtained from adjacent property owners to facilitate construction activities. The existing tank's coating(paint)has been laboratory tested for the presence of lead, and it was determined that the coating is not lead-based paint. The utility rate is funding the cost of the replacement tank through prior issuance of certificates of obligation. The City received five(5)bids. Staff recommends the award of bid#W2018-33-B for the construction of the Nortex 1.0 MG Ground Storage Reservoir to Eagle Contracting, L.P. be accepted as the lowest responsive, responsible bid in the amount of $1,962,247.00 and the addition of a pre-approved contingency amount of $45,000.00 (2.3%) for a total of $2,007,247.00. Construction Bid $1,962,247.00 Contingency Amount $ 45,000.00 2.3%(applied to the maximum 25%allowed by TxLGC 252.048) Total Award Amount $2,007,247.00 (Rev 01/2014) Page 1 of I BID TABULATION W2018-33-B NORTEX 1.0-MG GROUND STORAGE RESERVOIR January 19, 2018 @ 3:00 PM CST Respondents Total Crescent Contructors $2,497,000.00 Eagle Contracting, L.P $2,007,247.00 Felix Construction Company $2,210,610.00 Heritage Constructors Inc. $2,243,080.00 Red River Construction Co $2,127,790.00 I certify that the above includes all firms contacted to bid and that replies are exactly as stated. ��Vm oven _ 11ai �fiIiiuuia �, /9, 20/8 Nancy Leyva, Buyer / Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS OF sw, 4 Wylie City Council AGENDA REPORT Meeting Date: February 13, 2018 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 29, 2018 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2018-03 amending Ordinance No. 2006-04, Article 5, Section 5.2.F.5 Body Art Studio and creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic Establishment. ZC 2017-10 Recommendation Motion to adopt Ordinance No. 2018-03 amending Ordinance No. 2006-04, Article 5, Section 5.2.F.5 Body Art Studio and creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Peliiianent Cosmetic Establishment. ZC 2017-10 Discussion To amend, supplement, or change the regulations provided herein requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance amends the definition of Article 5, Section 5.2.F.5 Body Art Studio and creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic Establishment. Article 5 (Use Regulations) of the City of Wylie Zoning Ordinance No. 2006-04,related to Body Art Studio and Permanent Cosmetic Establishments are hereby amended by the granting of this Ordinance. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2018-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04, ARTICLE 5, SECTION 5.2.F.5 BODY ART STUDIO AND CREATING SECTION 5.1 FIGURE 5-3.F.28 PERMANENT COSMETIC ESTABLISHMENT AND SECTION 5.2.F.28 PERMANENT COSMETIC ESTABLISHMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2006-04, to amend the definition of Article 5, Section 5.2.F.5 Body Art Studio and create Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic Establishment. 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 Article 5, Section 5.2.F.5 Body Art Studio and create Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment and Section 5.2.F.28 Permanent Cosmetic Establishment Article 5 (Use Regulations) of the City of Wylie Zoning Ordinance No. 2006-04, related to Body Art Studio and Permanent Cosmetic Establishments of the Wylie Code of Ordinances is hereby amended as depicted in Exhibit A (Article 5, Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment), Exhibit B (Article 5, Section 5.2.F.5 Body Art Studio & Article 5, Section 5.2.F.28 Permanent Cosmetic Establishment) and are included and made a part of this Ordinance. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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 a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance No. 2018-03 Amending Ordinance No, 2006-04,Article 5, Section 5.2.F.5 Body Art Studio And Creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment 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 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, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13`1' day of February, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: February 21, 2018, in the Wylie News Ordinance No. 2018-03 Amending Ordinance No, 2006-04,Article 5, Section 5.2.F.5 Body Art Studio And Creating Section 5.1 Figure 5-3.F.28 Permanent Cosmetic Establishment Cfif%ar WYi fr Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO COM.,CONT. 30 IA/ 20/ 10/ 30 26 24 24. Beer&Wine Package Sales P* P* P* P* P* P* P* I per 250 sq ft(L) 25.Antique Shop(Inside Sales) S P* P* P* P* 1 per 250 sq ft(L) 26.Secondhand Goods S P* 1 per 250 sq ft(L) 27.Used Merchandise S P* P* P* I per 250 sq ft(L) Resale/Consignment or Thrift Shop 28.Permanent Cosmetic Pt Pt P* P* P:` 1 per 250 sq ft(L) Establishment P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS EXHIBT B Zoning Ordinance 5. Body Art Studio a. Definition: A Body Art Studio,whether public or private, temporary or permanent, in nature or location, whose services include tattooing, body piercing and/or body art, whether or not for profit, are performed, including mobile body art establishments.. b. Body Art shall mean the placing or inserting of designs, letters, figures, symbols, or other indelible marks upon or under the skin of any person,using ink, scarring or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. This includes the practice of physical body adornment by establishments and operators/technicians using, but not limited to, any of the following techniques: body piercing, tattooing, branding, scarification, and non-medical implants. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin, which shall not be performed in a body art establishment or cosmetic tattooing as defined in this Section. Nor does this definition include,piercing of the outer perimeter or lobe of the ear with pre-sterilized single-use stud and clasp ear piercing systems, the application of gemstones or other objects and adornments to the skin via the use of temporary adhesives, or the application of temporary tattoos or markings that do not involve the piercing of the skin and may be washed away with soap and water or otherwise naturally disappear within weeks or a few months after application (e.g., henna or body or face painting). c. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, as set forth in Chapter 146 of the Texas Health and Safety Code, as such may be from time to time amended and such facilities must meet all environmental health requirements of the City of Wylie and the State of Texas. Body Art Studios must be set back 1,000 feet from any other Body Art Studio; Residential Zoning District; Church;Public,Private or Parochial School; and Day Care. 28. Permanent Cosmetic Establishment a. Definition: Permanent Cosmetic Establishment means the practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied by trained personnel to permanently or semi-permanently simulate the appearance of common cosmetic applications such as eyeliner lip liner, lip color, eyebrow enhancement, and beauty marks, or to otherwise permanently or semi- permanently restore or improve the appearance of damaged or disfigured skin or other bodily features to natural coloration and condition. b. Additional Provisions: Certifications of Occupancy for Permanent Cosmetic Establishments must be held by a person licensed by the State of Texas, as set forth in Chapter 146 of the Texas Health and Safety Code, as such may be from time to time amended and such facilities must meet all environmental health requirements of the City of Wylie and the State of Texas. sw, 4 Wylie City Council Or:as AGENDA REPORT Meeting Date: February 13, 2018 Item Number: F Department: Police (City Secretary's Use Only) Prepared By: Chief Anthony Henderson Account Code: Date Prepared: January 31, 2018 Budgeted Amount: Report by Dr. Alex Del Exhibits: Carmen Subject Review, and place on file, the 2017 Wylie Police Department Annual Contact Report. Recommendation A motion to place on file the 2017 Wylie Police Department Annual 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 2017 Wylie Police Department Annual Contact Report meets all requirements of SB 1074. (Rev 01/2014) Page 1 of I >>iJr J CONSULTING, L w v 70( ee 7— � 1 r P d Annual Contact Report 2017 The Wylie Police Department (I} Intr I suetlin s & 1 • t ' mnt a January 24, 2018 Wylie City Council Wylie, Texas 76180 Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001 the Texas Racial Profiling Law, Since then, the Wylie Police Department, in accordance with the law, has collected and reported traffic and motor vehicle- related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements were implemented. Moreover, in 2017., the Sandra Bland Act was passed and signed into law(along with FIB 3051 which introduced new racial and ethnic designations). The Sandra Bland Law requires for all law enforcement agencies in the state to collect additional data and provide a more detailed analysis. This particular report contains three sections with 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 (SB1.074); which later became the Texas Racial Profiling Law, in addition, you will find the Texas RB 3389, which, in 2009,introduced new requirements relevant to racial profiling as well as the Sandra Bland Act, 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 1/1/17 and 12./31/17. In addition, this section contains the TCOLE Tier 1 form, which is required to be submitted to this particular organization by March I"of each year. The data in this report has been analyzed and compared to data derived from the LlS. 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 a Table of Conten ( ) Introduction a) Opening Statement b) Table of Contents ci TCOLE Guidelines d) The Texas Law on Racial Profiling(S.B. 1074) et Modifications to the Original I. (I 1.13, 339) 0 Designations for Racial and Ethnic Categories(II B. 3051) g) The Sandra Bland Act (S,B, 1849) (11) es t onding 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 di Report on Complaints Filed Against Officers for Violating the Racial Profiling Law(includes outcome of investigation) et Police Contact information Table (2017)Xnown Ethriielq, and Race of Detained and TCOLE Tier I Form 0 Table Depicting Baseline Comparison (2017) g) Sixteen -Year Data Assessment(2002-17) hi Analysis and Interpretation of Data(201'7) (ill) Summary a) Checklist b) Contact Information C � EGUIELNE " * ' Guidelines for Compiling and Reporting Data under Senate Bill 1074 .. ..,. .. , .._ Background ., Senate Bill 1074 of the 77UI 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 commentaly. 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 2,13 I 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 defines a law enforcement agency as it applies to this statute as an"agency of the state, or of a county, municipality,or other political subdivision of the state, that employs 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 peerson's race or ethnicityy, 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 f 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: I) 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,es., 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 reeney 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 tiled 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)TCCPI, 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 ICC.P 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 S ndard Agencies that have video d audio recording a. bilities are exempt pt from the reporting requirements of Article .1 4 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 mustbe 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 . .13TCCP„ Standard Agencies have citation fa s or other electronic media that comply with Section 541,202 of the Transportation Code Commen Senate Bill 1074 changed Section 543,202 of the Transportation Code requiring itations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. a 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. 2.1.32. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (I) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state,that emrlovs eace officers who make traffic stops in the routine performance of the officers' official duties, Ili "Race or ethn.ci ," 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: (I) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from enrgaaing in racial prof ling; (3) implement a process by which an individual may file a corn taint with the a enc if the individual believes that a eace officer em to ed b the agent has engaged in racial profiling with respect to the individual; 4 rovide public education relatin to the a enc complaint process; 5 re uire içpropriate corrective action to be taken a ainst a ace officer em lo ed b the a enc who after an investi ation is shown to have en a led 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 agenc 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 ado tion of a lie under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated e ui ment in each a enc law enforcement motor vehicle re ularl used to make traffic sto s and transmitter-activated equipment in each a,enc law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided b this subsection the lic adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (bX7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is sto d or arrested b a eace officer, This subsection does not affect the collection of information as re uired b a tic under Subsection (N(6), f On the commencement of an investi ation b a law enforcement a ienc of a com laint described b Subsection b 3 in which a video or audio recordin 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 re uest b 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. 0.9 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 information 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 char ed; (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) Maw 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 information 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: O 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 a enc includina searches resultin 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 identif in information about a eace officer who makes a traffic or destrian sto 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)(I }. (e) The Commission on Law Enforcement Officer Standards and Education shall develo Yuidelines for corn ilin and re rtin 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 a enc is exem t from the corn ilation, 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 em to ed b the a enc f that is ca able of bein recorded b 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 Ike artment of Public Safet not later than the date s ecified b rule b the de artment that the law enforcement a enc needs funds or video and audio e ui ment for the u se of installin video and audio euuipment as described b Subsection a 1 A and the acne 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 sto . If a com laint is I:iled with the law enforcement a sent alle ►in 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. 2.1.36. LIABILITY. A peace officer is not liable for damages arisin from an act relating to the collection or re rtin, of information as re uired by Article 2.1.33 or under a policy adopted under Article 2,132. Art. 2,137. PROVISION C)F 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)(1i('A including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort. fnciat hardshi available revenue and budget surpluses. The criteria must ive priority to: (I) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; 2 smaller'urisdictions. and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of hi ther education to identify law enforcement agencies that need funds or video and audio equipment f c,ppose of installin video and audio e ui ment as described b Article 2.135(a)(1J(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 u se of installin , video arid audio e ui merit as described b Article 2.135 a' I A the governing body of a county or municipality, in conjunction with the law enforcement agency serving the coupcounv or munici ality, 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)4 the ,overnin body of a count or munici alit in con'unction with the law enforcement a enc 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 (i) to read as follows: 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: I monitorin ace officers' corn liance with laws and internal a enc licies relatin to racial rofiling; (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 reguirements, 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 com lete an education and trainin ro Tam on racial rofilin 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 ethnicit " means of a articular descent includin Caucasian African His anic 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 persons 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) [(- ] the date of conviction; and (9) [(-8-)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enlbreement 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 2A 32, Code of Criminal Procedure, as added by this Act, on March I, 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 2134, Code of Criminal Procedure, as added by this Act, on March I, 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: 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 1,2, This Act takes effect September 1, 200 President of the Senate Speaker of the House 1 hereby certify that S„B„ No, 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2, May 21, 2001, Senate refused to concur in House endments and requested an*ointment 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&B. No, 1074 passed the House, with amen* ents, on May 15,2001,by a non-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 I 1 1 I . ,ter .., � �� Amend CSHB 3389 (Senate committee report) as follows: ( 1) Strike the following SECTIONS of the bill : (A.) SECTION 8, adding Section 11/01.164, Occupations Code (page 4, lines 61-66) ; (B) SECTION 24, amending Article 2.132 (b) , Code of Criminal Procedure (page 9, 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 ft÷effie] 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, [e-.F.).] Native American, or Middle Eastern descent, (br 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 he taken. against a peace officer employed by the agency who, after an. Investigation, is shown to have engaged in racial profiling in. violation of the agency's policy adopted under this article; (e," require collection of information relating to motor. vehicle Itlt-a444-el stops in which a ciT:ation is issued and to arrests made as a result of - 1 those [t-,ea4:71 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 [ 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 manicipalit ,o - fd by the agency] an annual report of the information collected under Subdivision (() to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the alfnu, if the agency is an agency of 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 motorvehicie [-t-raffie] stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [t-÷ 444'el 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) (1) may not include identifying information about a peace officer who makes a motor vehicle [tir-a-ftiel 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) . findinqjby 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) CI) , the commission shall begin disci linau_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 B[E LRIAN; STOPS. (a) in this article, "raceIi) 1+14- -ee( or ethnicity' has the meaning assigned by Article 2. 132 (a) . 1+2) ''4Be mccahs an---in-eer-aetico —beeween—a. peace officcr and an indivi-dual who dotaincd—for the criminal investi Ial1 ' _—i+rd4 4aal s (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [ Ong tra-C44e—or wh o p-ed es t shall report to the law enforcement agency that employs the officer information relating to the stop, including; (1) a physical description of any [e.,,aehl person operating the motor vehicle who is detained as a result of the step, including: (A) the person's gender; and 113) the person's race or ethnicity, as stated by the person or, if the person does not to 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 [traffl*e Of': ' , ai4loged te-h,-a-ve been vie-*ared or _ icted 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 [f. eypei of the contraband or evidence Lcii-m-cevered] ; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B1 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 [existed and the faer-eo supporting the existence of- that couae] ; (e) 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 1(Di-cation of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stopF, . *.. .( on of the warni-eq-er -a statcyacif-t-tre-vi-e-1-ia-t-i -chia-ril . SECTION . Article 2.134, Cade 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 vehiclef, "pedestrian1 stop" has the meaning assigned by Article 2. 132 (a) [ purpose of a criminal investigation rich the- indiv'ciuol is no* unde*-arreet] . (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 [4-eea-4--] law enforcement agency shall submit a report containing the incident-based data [-lie -teken] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agenciL is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a agency) . (c) A report required under Subsection (b) must he 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 . 133 to: fAl evaluate and compare the numher of motor vehicle stops, within the applicable jurisdiction, of persons woo are_recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [i the prieivahenee—oto-racial—pril.iitrq—by---peace- of ticera-``eillP4O-Yed7-b-y—teh e e-fieffeY] ; and (B) examine the disposition of motor vehicle pedestrian] 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.--hei 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 [t-raffic or pede-strianl stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of informatidn 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. f ( 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 fellows: 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 it: (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 [traf-fic and-pedenstir4-an] 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 (13) each motor vehicle [traffic and pcdes-t-r4anl 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 coniunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by tie 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 ai - eelaianj 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 [tra,f- a-- stir-i-anJ 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 . 2.13)35. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as reauired 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 _ehalt 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. cc_ (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pays 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 pf_rson receives community supervision, including deferred adjudication; or (3) the court defers final di:2position of the persons 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 muninicalmtasur,yin a calendar quarters the custodian of the treasury shall fire the report required for the quarter in the re uiar 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 eneral 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 subiltict to audit q the comptroller. SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (11.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.P. 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_ 102.0)5, 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 ; De-Fr41 (6) a juvenile case manager fee (Art, 102.0174, Code of Criminal Procedure) . . not to exceed $5; and (7) a civil lustice fee (Art . 102.022, Code of Criminal Procedure) . . $0.10. (b) Section 102.061, Government Code, as amended by Chapter 105.3 (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 (11.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 ((LB. 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: (11 a jury fee (Art. 102.0 )4, 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) $50 [$-5] ; LaTi-d1 (6) a. juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . , not to exceed $5; and, a civil )ustice 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. 31671 , 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) d 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; [ikft4] (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. (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . $0.10. SECTION . Section 102. 121, Government Code, is amended to read as fellows: Sec. 102.121 . ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk ot 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; [awl] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and ro a civil justice fee (Art. 102.022, ('ode of Criminal Procedure) . $0. 10. SECTION . Subchapter D, Chapter 1101, 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 tor a violation of: (1) this chapter; (2)_ the reportina_revirementsyrpvided by Art ides 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 i.e covered by the law in effect when the offense was committed, and the former law is cottnued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act it any element of the offense occurred before that date. g * , * h • * 4 111 P sIl * • h I-113. No, 3051 AN ACT relating to the categories used to record the race or ethnicity of persons stopped for or convicted of traffic offenses BE IT ENACTED BY THE LEGIS1,ATURE OF THE STATE OF TEXAS: SECTION I. Article 2.132(a)(3), Code of Criminal Proced -, is amended to re • as follows: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) [ „]Asian or Pacific Islander; (C) black, (D) white, and ( ) Hispanic or Latino SECTION 2, Section 543.202(a), Transportation Code, is amended to read as follows (a) In this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) [ b Asian or Pacific Islander; (3) black:, (4) white; and (5) Hispanic or I,atino 1, 1, SECTION 3. This Act takes effect Ser)teintier 1, 2017. President of the Senate Speaker of the House I certify that 11,11, No, 3051 was passed by the house on May 4, 2017, by the following vote: Yeas 143,Nays 2, 2 present not voting. Chief Clerk of the House certify that 14,B, No. 3051 was passed by the Senate on May 19, 2017, by the following vote: Yeas 31, Nays 0, Secretary of the Senate APPRCIVED Date Governor 0. a II 1 S B, No, 189 AN ACT relating to interactions between law entorternent and individuals detained of arrested on suspicion of the commission of criminal offenses,to the confinement,conviction,Or release of those Individuals,and to graras supporting poputatioics that are more Iikely to interact frequently%tab law enfOreement BE IT ENACTED BY THE LECISLATisiRE OF THE STATE OF TEXAS': ARTICLE 1 SHORT TiTLE SECTION 1,0i SHORT III S E. This AL t shall be Known as the Sandra Brand Aci.ir meichary of Sandra Biand ARTICLE 2 IDENTIFICATION AND DIVERSION OF NDCERVICES FOR • PERSONS SUSPECTED OF HAVING A MENTAi ILI.NESS, AN INTFILFCTUAL DISABiLITY„OR A SUBSTANCE ABUSE ISSUE SECTION 2,01, Article 16,22,Code or Criminai Procedure, Is amended to read foRows' Aft, 1622, EARL(IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAi_ILLNESS OR ail"f i„, ifs:SSP' c iffic (a)(11 Not later than 12 hours after receiving credible tridomiiation that niiay estabash reasonable cause to believe that a defendant sornmafed to the sheriff's susiody has a mocha Maass or is a person with a ifs s including obsetvation of the defencant's behavior anmediately before,during,and after the defendant's Eldest and the tasults of any pi evioss assessment of the deferidant,the • sheriff shalI provide waiters or eIeicfronie sake of the information magschate„On a deterninahan that theca uh, reasonable cause to believe that the defeccianf mac a menial illness or is a persaDo with si rl" I,the rilagistrale,except as prooyded by Subdivision (2),shaft order the ncal•mental health or e T1,:T TT.Tb", authority or another qualifi((J mental hearth , T.TiaT' expert,to: (A) cohere infornlaten regardely A/lather the defendant has a criential Iffiness as definea by Secton 571,003, Heatth and Safety Code,or is a person wain r '11',.5t)mtv Ph- !;,.; as defined by„Section 591,003, Health and Safety Code, moluding informafien obtained from any previous assessrnent of the defendant and (B) Provde to the magistrate a wntten assessment ot the elfdr'netIon ceqected under RraFagraph(A), (2) The megstrato is not required to order the coffiection of alforrnatien under Subdivoon(1)If the defendant in the year preceding the detendants appbcable,date of wrest has been determined to have a niental Ofiness or to be a persdn^,A4th et r eeee oe t' I by the loca' elerital health Of nn.nin linnunnunnun,,, nun, L- authority or aPother mental hovel or a:eye,:eye ety;-.eeey • expert desenbed by SubdivisPen (I), A court that elects to use the resutts of that prevlous determiriahon may proceed under Subseceon (3/. if the defendant it or refuses to submi'I to the caRecter of Information regarding the defendant as required Under Subdivision(It,the magistrate nay'order the defendant to submR to art exarmation in a mental.health faciPty determined to be, appropriate by the local mental health or yeeeece,y ye' eyey eyryeteee te ye re, [ eee auteoety tbr a reasoriable perldd not to exceed 21 days, The reag may ot der a defendant 10 a facility oper&ed by the Department of State Health Soroces or Inle nnann t er }for exarrttr a'on only on request of the loran mental.heath')or , ,, aUtberity and Bath the consent,of the head of the factaty,: a defendant Who has been ordered to a facttmty operated by!he Department of state Hea€(ta Bermes or the for examination rernarrs in tare fac my for a period exceeding 21 days,the heart rat that ta;,:1°rty shah cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county tr3 which the committing court is located That county shall reimburse the tac htyf for BIB mhearac and per diem expenses of tfue persrirrnel required to transport the defenciar t calculated in accordance With the.,trite travel regulations an effect at the tirue, (b) A Written assessment of the irafcarrraabua°e collected under Subsection laff t f(A)shall be provided to the crag sIrate not Wier than the 30th day atter the date of any tattier issued ander Subsection fa in a feioriy case and rtof later than the 10th day after(hue date of any order assued under Ina!subsection In a nhaderraeararxr rase,and),he rrta4str<ate shall provide copies of the Written assessment to the defense counsel,the prosecuting attorney%and the tral court, the Written assessment must include, a description tat the procedures used in the coaraaataon of info rrr at#car=under Sutasect+ran(a)(t If l and^he applicable experts rabservahons and ind:rps pedahnrnra to (f} Whether true defendant is a person who has a mental Mness or is a person v t .. at Fit. att .t x hh 1w ( ) whether there rs clirla:al evrdraaaue to s'uprnaod behet that,the defendant may be incrarspetera Bs stand trrai and should undergo a complete lete competency examination under t ratachaptet I„Chapter 4 ,an; (3) recommended treatment, (c) ,Aftes II tnal score receives the applcuabre experes written assessment reSefing to the defenclant under SLibsection(b) or elects to tide the recidts of a previous deternenauon as described by Subsection(a)(2),the trrai court may,as abbhcabre, (1) resume cnreinal proceedings aganst the I efendant,inciudinc any appmpfiate wedded:61gs related to the I efendant's rekease on personal bond under Artiose 17,032: (2) resume or initiate competency proceedngs, required,as provided by Chapter 46E3 or other proceedings affechng the defendant's receipt of appropriate court-ordered reental.health or wed's.'we 3:...333[3 [ [3, -[ 3" 3 services, including proceedings related to the defendant's receipt ye outpatient'mentàl.dearth services under-Section 574.034,Health and Safety Code:or (3} consider the written assessment during the punisherent phase after a conviction of the offense for which the defendant was arrested, as part of a presenrence investigation report ser connected with rhe impositions of conaitors foirowind placement on community supervision,including deferred adesdicalcon community supemsion. fel) This erre:id does not prevent the appliciabie court from, before,during, or ader the collection of information regarding the defendant as descended by this article, (1) releasing a des us due- = dry ids I or uirs w vd,'11,:' : from custody on personal or surety bond;or (2) ordennd an examination regarding the defendant's competency us stand trial, SECTION 2 02, Chapter 16,Code of Criminal Procedure,is prnended by.a0Ping Atittotp 10,23.1p rp4d.as follows; .Ant.M.P.,...ttrtn.rEnvinirtInttrt rap itrtintsptirtnnsi j!"::Ii.F.E..R1 NC?:t.,11F.:NiTilm, ..,,i FAI,..TH CrtiStStrttrittriSttetttltAttGintABUSE'rEtattn,ttpntnPntn.tp,,ttr:'prrforPPttnttrttricptttrt'tr. ntmit trtrotprptgoort Irian notop,to tdrnrrp a porsort.stirraping..a.trpttttat.. . ppann ttrratntor nuttortrutpntrpm therettpcm•or putarpartnerattpser to.p. propertreaprmnppettpentr'untroptptcystottoparttrnontrt " ' ' •ttt.t..131.01131.13..aff....ayadat>1!0.1:allq eppr941YRate Arill.lp1111.':.:tr).t.' .... .0:f.I.,r:''.geril'ylpe::a1.10riClo':''..S.:llclft$.aitl..itiril:p.-.:,.O.,fhi(31:Ahe.:pgfglt.ly.Hrnay:cj:WeETT. .. •.(2..::1...11':'i.s.re.a.5c'a.':'iaDi,R'j.O.:dp.„,:ert.::t.he•per:SOn,';...... .:(:.,..,.3..)•.1.fle Otterl$R,trlaT,Itle peT.Tign f.5::::30.7A1Spa'DI'g;...p.• essestrierireo:.r"...,.ttsso:rseetssroeseersoiesdr"r:rrsororrro rissereptsessor _.. iresittresserosi seraort ors ri:',:reerrieterre:estrio stresserstites seresortessies•ro isettire reestresiestbersersosert",,,,:sietots serrisseedEed: .ottorstre:••••" Opt-trittersoceort:pr000tris:rtetterropore:rerrers.srrostorersootrise•o: or rod.ritireresettreirisprieribtrort::rib,tire reereitirri root Ott:,.:ittrifirb,.,dre":065i.• SECTOON 2,.03,.••dIection.539.D02,..•••Govemoloot Code,:it.aniengied to road os rellower. Sc ORANTS,FOR F S.T.ABL.1•StiMENTAND•EXPAN$ON •CONIMIJNITYCOLIABOR4TIVES•r•to) To th0:•trxtent0rids"dre • appropriated"te litto•department tor titot pertloser"thd•depadritOrtt ..t:nbitmake'grants:to trattitiPsittOttrdinprodat goverhrnentat: entittest ttonprOftt cornmunttyorgarPzations,and:forte-based ocimetterity•er9aniza:tiorder:is PP'tPbhsh'Pp oxpAnd comMunity•.. •cofiaboratived•tdat•bri•h•g therpublic Obereiteraterse odors tegether• to provide sonoMenirnpersont,ettpprrencirig,hritnetessniattn."• .,,supstattet.;t•stptistporn,,ptprtnr[pool mental titnasst• [Pre:trapprunprot . pirittnorprnmatitinprpttn,r,trptprrontortermittrtntrt int awarding gratitst the department shah give special consideration to eritaies estabashtng new'hut orst iii;„ „otitis. toy iis honchos sut isytositivis.tto otos too'er ebbe)),0),e())) bbrr yvrh ebb blebtre )))bbb He(b): (b) The department shag require each entity awarded a grant under this secton to: (1) !overage additional funthog from private sources $ts an amount that is at least equal to the amount of the grant awarded under this section;iso (2) provide evidence of significant coordination arid collaboration detween the entity,loom irentai tisatth authorities, monscipalaus dos us „is arid other community stakeholders in establishing or expandtag a corrindinily coHaborative funded by a grant awarded under section, )(bre) )) dro((r)eb,brepeb)( bre:ers brn rrw rebbe 1)(bererb „17- Ykriir SECTtON 2.04s Chapter 539,Government Code,is amenciect adding Section 539.0051 t..0 head as Ichosys, !suit tat,att i1til 1,11t t D 1-1Y11 11Th t".,; r eb- b(babbb (eArbrb(blor,br))-(etrob(bbr eeel.,0e Crot,A : P °Ulf rr:rr;trrArr,ir yrr, and yornhorahvy KY'3..„ani nBninDy; sy nrhon nAnnohns serychn,'to BBB iona'taini enthrynnyn-i agerAB.-‘,„h„.„1.0hr ;',.c 1 Cd'e h,nniany-- ,t tit 10C;,11ed 0,,Ant,DiAL,h nu an develop a h1B1 nnyny AnhAnhhon 'AD ,nnny e h v.r.'t"i '1,C,Q.J:aT)c: ARICLE 3, BAD, PRETRAL RELEASE,AND COUNTY JAIL STANDARDS SEDDON 3.01, The heading to ABABe 17L32,Code of Crimina Procedure,is afriended to read as follows: Art. 1'7,032, RELEASE ON PERSONAL BOND OF CERTAIN[nAhn n 1]DEFENDANTS AIDA DENTAL 11,1„nEhh thD on:E AJA, Di.S.,*1: 07,0. SECBON 102, Articles 17,032(D)ancJ(.(A),Code of CrirrOnW Procedwe,are arnertded to read as toflows: I. .A mag[strBte shan release a deferldaht on personal bond' unless good cause is shown othenBise if the: (1) defendant is riot charged with and has not been ey'iousi'y convicted of a\4dent offense (2) defendant Ls.exarnined by the iincal.mental heaIth OF r: authority or another frentai hea]th expert under Ankle 16„22 nhy yinthl„ (3) applicable expEflt,in a written assessment submitted to Die m aostrate under Article 16_22: (A) conchJdes that the defendant,.has a mental Weess or m BefSdh at 0,j and is nonetheless COMpelent to stand tneir,and (D) recomrnends mental health neatment itcar .i i -- ., ed.!for the defendant ,a.a iiirriftt: and ( ) magistrate determines, Iry crai suttation with the tocat mental hearth or i ,330.t 'a 3i..r,, i,s€:Etxa authority,that apprta anate cornmuntraribased mental health or bi itairaydrity C i.i , ac services far the defendant are avaa4abre through that port 3.31 Degattrnentof, r°tbNor, . s1 Health,.r:'.=,..,"< n.boo,,j under Seddon 3 t,Ct53, Ftedlth and alafetyt ode,rr through another mental health or r ,. -a:r,., yocitoo (y wr is t.;_.'.tt services provider., (c) The rriar,astrate,unless good cause its shown for not requiring treatrraeaet,shad require as a corad,tron of release on ders:trial band under this antic to that the defendant oubtmit to outpatient or inpatient marital health or:it„ ii i rp driodaroo .[iiria 331 treatment as recommended by the local mental health of 3 ticy 334343:306303 win (ziti ,tiocotit 4 authority if the defendant's, nrentai Maass or oitolecrido witaptiC(, dhrr;rlo rh rratureor ( ) ata rdy to;urtctaort[independently CIE=crarrtunurm tit deteriorate rf the deferdsarit is raft treated, 'I. I .t 3, rtscte 25.03,Code of C rirainat Procedure,as amended to read as fodoia&-, Art,25.03. OF ON PAIL tN FELONY.When the amused,in case, of Wady,rs Off Oki!' at the tilrte the rndrctrnent is presented,(.i ]the ctort shalt dellvel-a copy raf the.a:=tnl&.,r,�=.r(. k:�,,1 to the accused or SECTION 3,04, Art to 5,04,Code Or t nrnirmat Procedure,Is; arnenc mad to read as foflruws: Art,25,04, kft iSDE. EANO , In misdemeanors, iss stedesett sts not cs.st„tin pen ono! in ten fain estis stnests, Tr„- 11r,-7 SECTION 3.05, Seetion 511,009(4 Government Code,as amended by Chapters 281 (H.8,B 648 Ost,B. 549),and 688(KB. 34),Acts of the 84th L)gislature, Regutar Session,2015,is reenacted and amended to read as follows: (a) The commission shalt, (1) adopt reasonable rules arid procedureS estabtishing mitsrhum standards far the constructon,equipment rbadtenance,and operation of county Itaits, t2) adopt reasonable rules and procedures establishtng me-omens standards for the custody;sate,and trodden bbserterSt (3) adopt reasonable Rites estabttshingt rringnurn standoffs rof the number et jail supervisory per,sconel and tor programs and services to metot the needs of prisoners; (4) adopt ce,assnabte rules and procedures establishing minimum requirements for proarams of rehabilffation, education,and recreation to county fads: (5) revise,ascend,or change rules anstf procedures 0 necessary (6) provide to Meal government oIt- o)nsultation en awl technical assistance for county fads; (7) review and comment on plans tor the construction and major nsoditscasson rencwation of county tdfst (8) regure that the.sheriff and commissioners of each county submit to lee COITIfnissfen,on a form preschbed by the csonmisston,an annual repo0 fttot the condnens in ea011unty jaft within their lunsdiction,including all lnforrnaton necessary to determine cornpi'lance Mil state law,cornmissym or-ders,and the niles adopted under this chapter, (9) review the reports.submitted U rides SUbdivsion(8) and require commission or to inspect county jails regularly to ensure compliance with slate law,cornmssion orders,and miles and procedures adopted under this chapter, 00) adopt a classification system to assist sheriffs and jucige,s in determinmd wfiich defendants am rofirridsk and consequently suttable participant%in a county jail at release program under Article 42.034,Code of Criminal Proceduro; (ll) adopt n.fies miating to regthrements for segre,gation of classes of Inmates and to capacrties for county jags; (12) require that the efifief jailer of each municpal lockup submit to the commisstory on a form.prescribed by the commission,an annual repod of persons under'17 years of age secumly detained in the lockup,inducfing all information necessary to determine complianCe With state law concerning secure confinement or children in municipal lockups, (13) at cast annually determine whemer each county 1.a1 is in compfiance with the nfies and procedures adopted under this chapter, (14) regun at the sheriff and commissioners court of each county subsist to trie commisston,on a form prescribed by the cornrifission,an annual.report of persons under'17 years of age securely detained in the county jail,inclucfind all information necessary to determine compliance with state law concerning secure confinement of children m county (I') schedule announced and unannounced inspections of jails under the commission's jurisdiction using theifisk assessment plan established under Bec13n 511,0085 to gUide the inspections process". (16) adopt a policy for gathering and distributing tca lads under the commissron's jurisdiction tnteI Yarn regarding ( ) common issues crar'tierntag lar' adrlriistruttortE, dal 0xnamotes of sra000sstul strategies for t darrdaininrg romphance with state lair and the rules,standards,and procedures of the commission:and ?2l soludorts to operational cr aphedes for jails S 7) report to the Texas C orroart'tonat Office on Offenders'with Medical or Mental krrtpairra^ertts cc a jarl's corripitarrcd with Article 16;22,Code of Criminal Procedure'. (18) adopt reasonable rules and procedures establishing minimum requirements nts for toils to- (A) determine if a prisoner is pregnant;and (p) ensure that the tail's health services plan addresses medical al and mental health crate,including nutritional rertuir mints,anti any special housing or work assignment needs for persons who are pondered In the tail and are known or detdrarrroed to be pregnant 119y provide guidelines to sheriffs regarding contracts between a cherrff and another entity for the provision of food services to or the operation of a commissary in a park render The commissiotasjut sd€Chan,ttl ludinf specific dd"C eisionp' regarding corRtlrtw`s of Internal and avoiding irrn appearance of impropriety, [. (20) adrapt reasonab€e titles and procedures establrshgrtg rnrntnttatrt standards far prisoner visitation that provide each prisoner at a courtly jail amth a minimum of tuts to-person, rtorrr.rarrtact vl nation periods per t°Peh'st at least 20 minutes duration each j require the sheriff of each county to: to investigate and verify the veteran status of each prisoner by using data made available from Ole Veterans Reentry Search Service(ViRES)operated by Zhe United States Department of Veterans Nfairs or a similar service;and (6) use the data described by Pafagraph(A)to assist prisoners who are veterans in appfying har federal'benefits or compensation for which the prisoners may be eligible Li nder a program administered by the United States Department of Veterans Affairs, ihhif[- adopt reasonable, on and procedures regarciing visitation of a prisoner at a county tail by a gLiardian, as defined by Section 1.002,012, Estates Code,that .(A) allow visitation by a guardan to the same extent as the ggsgrlegg,'rlext of kir),including fgacing the guardian on tile pnsonegs approved mgitorg Ust or:the guardian's request and providing the,guardian access to the prisoner dupng a acOgy's standard Nusaatmn hot,gg the pnsoner is otherwise etigible to receive visitors,and (B„) require the guardian to provfge the Egwrift w IIletters of ghlardianship issued as provided by a. Ion 106,.001, Estates Code, before being allowed to visit ihe prisoner, COOffal of1,,rff frajooOOOiff rkr,e'S,,,OC1 !::,:a'C'ty iffrofooffa -foffiorl.ng arra:quar equrqu uucp fur:, utudqui qarru uqualuur,.quq uqrq, urr- uur-aqurd turaql, grorerquura, qur ruu tint,P,,,P1 A kfi'anh NNW.; lay, ute lurourah urraquurruu ruaurruur off, laa,r,„ gat St t.P aa,al `t.a,., 5i:a iLt rrr ya..t; r tiff _,1 0!.•1 • .t 2 a tat ., to: ! a'9i 'a'a P.a t .t .s .tcatt'c.a ,t :':a ...t <at..ta.. a 7s.s„C. _[r. E TI N:2.9b. C Ctlard 11.009, airerr! erg Cady;,1a drraerdad.• by adding Utatectib t€a ;to rm d as tbOaawa4 ;d 1 t.t a aa a.t ^.. a_s ,., a a1 ptaceattet t t t , ttaa i .atrt" v,. t ati [tti ,.a.raai,i k,at_a t..E ptl 9E'.tnalt.e tt n to tto P t, utib p I:?.tF"`t,. r. a Fa`t 1 t a..a u i t lu "a;it Y e ryi..01 to a oss , a m rat;.Fa.`4 ..'¢.i' k.a,a.. a, t,•t, r u• `ir ,a .r,tw as tahfa t r :•,' • E 78 N'2 27.•Chapter 51 t averarraertk node,as mondad by addin U a¢iaaa s, 11 919t 911,929,aarrd t 1.a21 to read s tc c ws:. YK. Et^ <tE 1£ .. fait.a as `m ty h C of ,_.x ..at d st, spa., t , . av t.tt`f`0: , t .f'ri'.. iffli:Vie-tUilld Play C „t t ,C,Sa.' .to 'irk , t.7 ilea t b„irr ..a()ti'tY k..a i a, h,.ai q: ;,rt. i?. ,. ta' '€t:ta,a ,f'.f,d•U ter •' a b t a :a Y.,_„aa=' r'y t'a as a ta, ,s.a,,a:r a E i. ,att ,a a t r canto wr ant:s� . ..La. .a atJ r.a, al. Er; .a`a a ats.:ia'asc a da C , =ia a; .,€.on: a, �` ., fot'ti;aym a`<.p €" ,'a^t r,a tad!,3 t to-Jaa tor,..aF=(,t .. n r is Jo t daa3,, .r„ .tg ,t;ata'a t. a,,-• t.,t*,t"il e'i t.anf v W.on,fi e3... th,0 1111•• try' .'i w ,tri .iktrw s11„ei` o r .t.l ats Pr 7i):11 lxlv atla..8. f`: 0 (°C talk,: ,.a1.§.(a,a d• Y .a, n 1, :p,0.a r,30 .e i€I 1taa• ,.m.tPat.y tt~s a.. 'tr tt p'.fi';,,. .,!0k;lye. t aap „t errl a:a' 1• • ? :'a :s a sa s I'.and ,fit .,_ ,a# ,"ayi"i1e .4 at t,? , fo tt° a..;or .. C., RPEi"44....b....y.,•StAyses3 agar fcba :1 . ue r°tttl a. tic .I 0(.11 a b re r e . tartan` ed. e.c an.,a x. r 1 e r.ke all: tafe r , z€.ar r «e ttity,krtt.. taformaijoia .p•ep �. ti t.3(4... a4C `[1p aayee.... ., t@ vItormiatton tc,aporteci Ut.4,e .+1p,.tk.. e, >+i.i ppgo e`; P,_.r"gatti .,,.OSCI! R#n s e.a.,et.otri is 1:4 cia , r tal:tr t" i C`t};" F E T J '~F�rw. . .� .„ ai �.. {wt,✓1.he,e bt. ,ta. pEi1.rx?it,1. E td :'s IN;cot.) '' ....A1 C ° t:c.joate P .a hi E x t n ^#e a ."a,t,ll Eedta, . corraalso '„ ,}:q. J Ira la av ...lf „a ' -astr ayi•of r,t ek a . lote local l w e.arosolaaslat.rg1. c} rlras e ..e. a.•posally ml. , C .eW,irgrte. na.;dCra,t ...as o,7re as.a t,,.ble.:,.. e , . I r a1 l(. �}�,;?�� rt 'tr. t r. �,t..... tt�,.t'., ! t4.Cs. .t 'dla,! .s t1=1 t _ ...v S .. .x e.+. vi.x ...entorcernion.t...amIfmcms a molo prE cN...1t es a "t f a, „'br`3i. SECTION 108, The changes in Raw made by this article to Adicie 17,032, Code of Cdrninal Procedure,apPly only to a personal bond tat d axecerted can or after the effective date of this Act A personal bead executed before the effective date of executed,and the fouler lava is continued in effect for that purpose. SECTION TIOJN 3.03. Not later than January S 3018, the Commission on Jail Standards shalt, (1) adopt the males and procedures required by Section 511,009(d),Government Code,as added by trots article,and the rules required by Section 511.0 1(1),Cldovea meat Code,as added by: Agars article:and (3) prescribe the form -egulred by Section 511.0 0(b),, Government Code,as added by this article, SECTION 3,10, Not Jrte than September 1, 015.the Commission on Jail Standards shall adopt the rules and procedure required by Section 11.003(a)( 3),Government Code,as added by this article. On and after September 1,2020,a county jail shall comply with any rule or procedure adopted by the t`omtalis'ae5n ran Jrrt Standards under that ar:AG7divl ion SECTION 3 t 1 To the extent of any Cr/lit e:I,at Act ravens over another Act of the HH i t.et isiatr re, Regular Session, 2017,regaling to noes A&sstardive additions to and corrections in enacted codes: ARTICLE d. PEACE OFFICER AND COUNTY e1Ai ER TRAINING SECTION 4,01, Chapter 511,Governinent Code,is amended by adding Section 511.00905 to read as tol(rtdem xi muddy hy, itudhifsh 11-o: .. 1 ill:3C 1: ..l Sri^; gsl._ ?b.), •17h.:6..64...trt...t01::,.tEj.an...$,.hp:ft:.0.119:pt...11:1A14:req.LIT1419..:01: 13:0J1 ..... 301.:.0.r.P.,.E.0?....:11H.She,krilt,....04..(01.E.):10.1.P...:11.101.81...a00.1.1:ntlf.810,':.00.:Silip11:•. 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Ai of ro•aViv"(..s•a10.fy.:thol•oquk#(11.,-oott...of'.1:.4.0:•••!..00..tio.o.i.o•ii... •••100.0.1A•j•!.t'lj•or 80ttibri 1701,.402(0)•••by t4100.4. 0,10.nli•nb...t,61...tre...on••.. i• :•de;,.e..talatiOrl•81.1d i'.,.4i.. ••IrteNerqit.b:"t00-rt'fk4:'(:t6s.tb'f4dtitat.q•: .• .. lilt Is •witli..p•i?ktiont•iviith'ittontol:frop-o•rnionu.: ;•• •....,,:.•y••••1.:)....A.,4,,..p.,,,,•,•gt•ot"11:749.cr..1.0•1•111•Thym,c7,..!.,,,,07•Kall,..,..97,,.•1•••••e•.,9,,H,.:81:1E-4i.,••neros..„,•••0•70.a..... cornroli•s•§••••on•13,....hak f"equi••••Islai.r....•ott.,1.,(3.(3.1,•-•.tr,y,cl.yrillr,), •,,a0•••••1..state.o.,,:i0•1•,•(.., •• . lticittcalk.!•:0.1.:,:tem.1c,81F1.0•19•:prockts in.Q•rt•de•••,•••••(31.1•9•0310i?.lectill••••••••t.,•411,,m•..51.9, • liaomtaie 1.rv.fsff.acl..9n••,,Nro"rm.e.rro•egs••ot•tho..13.410.1.i.c,:::::.!.k:r.1•011111::.0.0.:• disid SECTION 4,03, SecUon 1`f 1. 1t1(a),Occupations Code,is amended to read as fo ows: (a) Except as provided by Subsection(e),a persona may not be appointed as a county Jailer,except on a temporary basis,unless the person has satisfactorily crarapieted a preparatory training program,as required by the commission,in the operation of a county Jail at a school operated or licensed t-ay ilia commission,This ironing rionsiiiri sass noises of of sayss isisirr 22. 2,2 eon Oisirisaisr. SECTION 4,04, Section 17O1.35 (b),Occupations Code, I amended to read as fohows, (b) The commission shall require a state,county,spacial district,or municipal rrrcipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 43 months that wa approved by the corrrrriissrorro and consists et; hp topics selected by the agency,and ( ) for an officer holding only a basic proficiency certificate,not more than 20 hours of education and training that contain curricula incorporating the learning objectives„developed by the rorrrrrriasion regarding: ( ) civil rights„racial sensitivity,and guttural diversity, (B) cie-ascalation and crisis intarrventrrrri techniques to fachitate interaction with persons with mental impairments;L> ] ( ) ,try essaistsd 44442 42,44 "r,A, soapsbps one re sais ,,iPit.rt,v,7trl unless determined by the agency head to be inconsistent with the officer's assigned duties; 0) the recognition and ddea.4merrtataur of oases that invoice child abase or neglect rruaiy earoierc ,and sexual assault;and' trrf a sues concerning sex offender characteristics. SECTION N 1,05. Section 1701,402,Occupations Code, is amended by adding Subsection(n}to read as follows: Zvi �,f2t ° t, ima ma,sacs m,^irmi . if: SEC non 1.CrC, Hot later than Maras 1,201s,the texas commission err Law Enforcement ehail develop and the Commission on Jail Standards she approve the examination required by Section 511,00905,Government Code,as added by this article, SECTION 4,07, (a) Not Later than t` amh 1,2018,the Texas asnrnissaon on Law Enforcement shall estabtish or rvrudrfyaait and programs as recessed(to comply with Section 1701.253,t cctrpatrorrs Code,as amended by this article, ( ) the minimum carracoiurn requirements under Section 1701 353()),Occupations Code,as amended by Has article,apply'' only to a peace officer Ma)first begins to satisfy those requirements on or after Aprlt 1,2018,; SECTION 4,03. (a) Section 1701.310,Occugmtions Code,as amended by this article,takes effect January 1,20 18, tb) A person in the positron of county jailer on September 6,2017,must comply with Section 1701. 1C1(a),Occupations Code,as amended by this abide,not Eater than August 31,2021:. ARTICLE 5. MOTOR VEHICLE STOPS,RACIAL PROFILING,INO,I NE1 tSSU ftCE OF CITATIONS SECTION a.11. Article 2:132,Code f Chminai Procedure,is amended by amending Subsections(b)and(d)and adding Subsection (€t)to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed wrattarr policy on racial profiling. The poky must (1) steady define acts constituting racial profiling( (2) strictly prohibit peace officers employed by h i agency twain engaging in racial prrriiIing (d) implement a process by which an individual rimy Me a complaint V th the agency if the indivlduar behoves that a" peace officer employed by the agency has engaged in racial, profiling with respect to the individual, ( ) provide ouabfis education relating to the agency's dcrnplaint pn0CeSs, ;its"' l t r;a.--: (.5) require appropriate corrective action to be taken against a laeac^e officer ernbloyed by the agency who,after an investigation,is shown to have engaged in r_crai profiling in violation of The agency's policy adopted under this art (6) require catlectaon ofmtorrna$itara relating to motorvefaortie stops in which a tisitis,citation :', issisiing rs issued arid to arrests made as a result at those stops,including traformatioa'r relaalbrtct to° (A) Use race or eIhr dr.ity or the individual detaisted (E) whether a search was conducted and,tt soda; whether the individual detained i onsenied to the search;(_gar (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that mdividual; Dmoo.ofIC,rA and (7) require the chief administrator of the agency, regardless of whether the administrator is elected,ernployed„or appointed,to submit an annual report of the information corseted under Subdiessior (6)to: (A) the Texas Commission on Law Enforcement;and (a) the goverrand body of each county es municipality served by the agency,illhe agency is an agency of a courtly, municipaiity,or other polltical subdivision of the state, (d) On adoption of a policy under Subsection(b),a law enforcement agency shall examine the tessibikty of installing video camera and ImnsmittermoMvaleg equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transrnitterkactivated equipment in each agency lad( enforcement motorcycle regularly used to make motor vehicle stops adakey () The 1A)dy r JE.Tat' clpf if a law enforcement agency installs video or audio equipment provided by this subsection, the policy adopted by the agency under Subsection(b)must.include standards for reviewing video and audio documentation. (l)Ike Y sem mama(ik akkes ass messes iiist3 .t omot it ina7�^r°tr ?t. 1 "l�P in SECTION t .p2 °dici ,t 3,Code .t Criminal PrOc duce, is amended by ascending Subsection(b)and adding Subsection(r)to read as foRrams. Os) A peace Officer who stops a tractor seP rrcie for era alleged violation of a law or ordinance shag report to the law enforcement agency that employs the officer intrarrraatdran relating to the stop, ('I) a physical description of any person()orating the; motor vehicle`who is detained as a result of the stop,including', (fi) the persona's gender,and (ft) the persons race or ethnicity, as Mated by the person or,if the person does not state the persona's race or ethnicity,as deter pined by the officer to the beat raf dtae of rer'a eabalrty::. (2) the initial reason for the stop: (3) whether the officer conducted a search as a result of the stop and, It so,whether the demon detained consented to the search; (4) Whether any contraband or other evidence was discovered In the course of the search and a description of the contraband or evidence: (3) the reason for the search,including whether (Ai an),i contraband er other evidence was in piain View:. (B) any probable cause or reasorrattie suspicion existed to perform the search;or (t~) the search was per-fonraec as a result of the towing al'the motor vetiicic or the arrest of any session in the motor vehicle; (6) whether the officer made an arTest a a result of the stop or the search.including a statetrent of whether the arrest was based on a\notation of the Penal Code,a mla0on of a traffic law or ordnance,or an outstanding warrant and a statement or the offense charged, 17) the street address sr tapproxfimate location of the (8) whether the officer issued a Torso'Ts written warning or a citation as a toll of the stop, ss s 04; !,fr, r,tforoor,js.cd ph,or.oc,„„r,',• 0,at ,+-o-ukr,vro ar.rfr,,or firoll try 01, rot; toocits, titisso lost Toss. stO tt, , (of a Iriory r-14-; Hr-irroo :.r...i.gdrdteor, adn',4V1GAI SECTION 5.03. Arbole 2.134(c),Code of Ors-Tonal Procedure, is amended to read as,follows: (c) A report redisred under Subsection(b)must be submitted by the chief adffonistrator of the law enforcement agency, regardless of Whether the administrator Is elected,employed,or appointed,and must include: (1) a comparative analysis of the informaton compiled under Article 2.133 (A) evaluate and compare the number of motor vehicle stops,wrthill the applicable junsditction.of persons who are recogrozed as radial or ethnic minorities and persons who are not recognized as reoral or ethnic minorities;[T. (8) examine the disposition of rnotor vehicle stops made by officers employed by the agency,categorized according to the race of ethnicity or the affeffied persons,as appropriate,°educing any searches resuffing from stoPs within the applicable ffinsdiction,and yr 7 craw-arra 'Tr=rrr arc (2) information relating to each complaint filed with the agency alleging Mar a peace officer emptoyed by the agency has engaged racial pmfaing, SECTION 5,04. Article 2,137,Code of Criminal Procedure,ts amended to read as foltowm. Arr.2,137, PROVISION OF FUNDING OP EQUIPMENT,(ffil. The Department of Public Safety shall adopt rules far providffig funds or video and audio equipment to law enforcement agencies for the purpose of Installing video and audio equipment it law uniffirciaicarii racy. afficuffir yur icaryfficiffice nit 333 gitiya („3”tA`r;,,, WO.P'• r"„' „ Including specifying criteria to prioritize funding or equipment provided to law enforCemera agencies,Ihe criteria may include consideration or tax effort,financial hardship,available revenue,and budget surpluses,.Ifhe criteria rousl gate pfarttd: iow enforcement agencies that employ peace oIt cers wtffise pnmary duty is traffic enforcement; (2) smaller judadiclionst,and (3) municipal and county law enforcement agencies. (La) 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 insokiing video and audio equipment a.,lac(atitarrra L'qd; <. �; .,,{T I �. The collaboration may irrotad r tho use of a survey to assist In developing criteria to pnorrti e fiaadrrg or equIpr ont provided to law enforcerrrtnd.agencies: (c) Tc receive funds or video and audio equifrrraerat from the stale for fire piTrpose of instating vide and audio equipment IT vu ctfh the governing body of a county or rat cipalrty, in sort anatson with the law, enforcement agency serving the county cn rrrorrrorpallty^,shall certify to the Department of Pubfic Safety that the law enforoarrierit agency needs funds or video and audr0 equipment for that purpose, id) On receipt of funds or video and audio equ+prnerit Ircoro the state ter the purpose of installing video and audio eyutprrrent the governing body of a county or imiarricit atrty, Ir corrtunctlon with the law enforcement agency serving the county or municipality,shall certify to the Department of Public Safety that the taw enforcement agency has Effpur `. , .E.°r;.4upwp vi video and audio egsaiprnarut uhif bu.i 3 Thu„°, SECTION ,05. article 2.I 385(a),Cede of Criminal Procedure, is amended ded to read as follows: )a) It the chief administrator of a local law enforcernert agency intentionally fails to submit the rrrr-wseni-based data as required by Artmle 1 t, the agency Is liable to the slate for a civil penalty in r-,l. ,. amor.ant e=W for each vi:dation, The attorney general rrtay sue is ccoIla. I a civil penalty under this sufasectron: SECTION 5 06. Article 2.135,Code of Criminal Procedure,ts f-epealed, SECTION,507, Abides 2.132 and 2.134,Code of Crimind1 Pmcedure,as amended by this article,apply only to a report covering a calendar year beginning 0 or after rtanuary 1,2018, SECTION 5,08 Not rater than September:1,2018,the Tesas Commission on Law Enforcement at (1) evacuate and change the guidelines for compiling and reporting intimation required under Article 27134,Code of Criminal Procedure,as ardended by this ertiole„to enable the guidelines to better withstand academic SCaifiny,and (2) make accessible online:. (4) a downloodable format of arty inforbiation submtded under Article 2,134(b),Code of Crlminal Procedure,that is not exempt from public disclosure under Chapter 552,Government Code;anti re) a glossary of tends relating to hie information to makeftcinks:Illation midday understandable to the public. this Act takes effect Septernber 1,2017, s __pHs Prestdent of the Senate Speaker of the Idolise 1 hereby'certify that S,E.No, 1843 passed the Senate on May 11,2017,by the foilowing vote: Yeas 31, Nays 0, Secretary of the Senate I hereby certify that S,B, No, 1849 passed the House on May 20,2017,by die following vote: Yeas 137, Nays 0,one, present net voting, ARTICLE 6 EFFECTIVE DATE SECTION 0,01. Except aS otherwise provided by this Act, Approved: Date Goventor Chief Clerk of the House 11 * , emk e • wy I, E poucE DEpARTm ENT POLIC . „ SUBJECT: Racial Profiling StamBER: 614 „. EFFECTIVE DATE: Janiuu- t,2010 RELATED STANDA.RDS: Current policy remains in effect until JanuaryI. 2010 REVIEW DATE: January 13, 2018 APPROVED: Chief Ant ony 13. Henderson DATED: 01113/2017 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Departments commitment to unbiased policing in all its encounters: between officers and any 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', POLICY lt is the policy of .this department to police in a proactive manner and, to aggressively investigate suspected violations of the law. Officers shall actively entbrce state and federal laws in a responsible and professional manner, without regard to race ethnicitv or national origin. Officers arc strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, hether drivers, passengers or pedestrians Officers shall conduct themselves in a dignified and respectful manner at all times When .dealing with the public. 'kV° of the fundamental rights guaranteed by both the United States and -rexas 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 be respected, Racial profiling is an unacceptable patrol tactic and will not he condoned, Fhis 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 he 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 M. DEFINITIONS Racial Profiling: a law enforcement initiated action based on an individual race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as ha rug engaged in criminal activity.. Racial profiling Racial :Profiling - Page 2 of 5 pertains to persons who arc viewed as suspects or potential suspects of criminal behavior, fhe 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 persons activities simply because of that individuars 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 MCC, 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. • 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 stereoty pes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the SlIspect, • 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. ifotor 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 on Law Enforcement iTCOLE) training. and the Law Enforcement Management Institute of Texas EL,'::Mff) requirements as mandated by la13 w. All officers shall complete a TCOEF, 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 intetmediate proficiency: certificate.. whichever date is earlier, A person 'Who on September I. 2110 „ held a TCOEE intermediate proficiency certificate, or who had held a peace officer license issued by TCOEN for at least two years, shall complete a FC011, 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 EF.MII 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 f.j.). Section 06„64 Education Code, as added by this „Act, not later than September 1 V. COMP!AIN't INNES'FIGA"TION A. The department shall accept complaints from any person wh.o believes he or :she has been stopped or searched based on racial, ethnic or national origin profiling, No person shall be discouraged, intimidated or coerced from filing a complaint:, nor discriminated against because he or she filed such a complaint„ C. An person who receives an allegation of racial profiling., including the officer ryho initiated the slop, shall record the persorrs name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(sj„ 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.. 1)„ Investigation of a complaint shall he conducted in a thorough and timely manner.. All complaints ‘vill be acknowledged in wTiting to the initiator who \yin 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 '‘yith the Chief. When 'applicable, findings and or suggestions for disci pl Mary action, retaining or changes in policy shall be filed with the Chief It a racial profiling. complaint is sustained against an officer, it will result in appropriate corrective and.or discipl Mary action, up to and including termination, If there is a department video or audio recording, the events upon ‘vhich 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 .EDITAlION 'Ihis department will inform the public of its policy against racial profiling and the complaint process. Methods that may he utilized to inform the public are the MAYS media, radio, service or civic presentations. the internet, as well as governing board meetings, Addrtionall . information v ill he made available as appropriate in languages other than English, DA.TA COLLECTION ,iND REPORTING A. An officer is required to collect intinmation relating to motor vehicle stops in yvhich a citation is issued or an arrest is made as a result of those stops. (1)n the citation officers must include: The race or ethnicity of the individual detained, as stated by the person or, lithe person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability a The initial reason for the stop, „ Whether i search, was conducted„ Racial Profiling - Page 4 of 5 4, The reason for the search, including any probable cause or reasonable suspicion that existed to perform the search:, 5 a search Was conducted, whether the person detained consented to the search. Whether contraband or other oadence Was found in plain s. 7 Whether the search was a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; If an arrest occurred, Was the arrest based on a iolation of the Penal („Tode, traffic law, ordinance, or outstanding kvarrant, 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 belOre detaining the individual and, 1 . Whether the peace officer issued a Written warning or a citation as a result of the stop. The infOrrnation collected shall he complied in an annual report covering the period of january 1 through December 31 of each vear„ and shall be submitted to the governing bodi, of the City of Wyhe TIO later than March 1 of the following year The report will include A breakdown of motor vehicle stops by race or cahnicityi Number of citations that resulted in a search; Number of searches that were consensual: 4, Number of citations that resulted in custodial arrest for this cited siolation or any other violatiotL and The number of complaints to the department that officers .1/4sere racial profThnc C. I annual report shall not include identifying, information about any individual stopped or arreted, 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 transminer-activated equipment. 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, shall be recorded„ C. This department shall retrain the video and audio tapes, or digital video and audio recording ()leach motor vehicle stop 'for at least ninety 00) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profitine kvith 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 the equipment used to record audio and video of a motor vehicle skip is malfunctioning or otherwise not operable, officers will drive a vehicle Racial lrofilio - Page 5 of with operable eq i . at. Police units with malfunctioning or i u er hl mobile video camera equfidnent shall not be utilized, under normal ucun ;ttIc:: Supervisors Ta l l have the authoopy t kraut units with malfunctioning mope i Ic to bilvide()equipment situations i t t : ••• WYEIE POLICE DIA'A.RTMENT POLICY SUBJECT: Unbiased Policing : NUMBER: 614 EFFECTIVE IEATE:.January 1,2010 I RELATED STASI/ARDS: REVIEW DATE: February L.2019 '24\ „APPROVED- („'hilef A nth6ny Henderson DATED: 0E151018 1. PLEIPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing: in all its encounters between officers and members of the public, to reinforce procedures ensuring public confidence and mutual trust through the provision of services in a lair and equitable fashion, and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department 1olicy and the law 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, ri.xithout regard to race„ ethnicity or national origin, Officers are strictly prohibited from engaging in biased policing both in. enforcement of the law and the delivery of police SerViceS 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 be respected. 'Fhis policy shall not preclude officers from offerin,g assistance, such as upon observing a substance lea.king 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 crime based upon observed actions and or information received about the person III. DEFINITIONS Rinsed.Policing,- Discrimination while performing law enforcement duties or deliveri, of police services, based on personal prejudices or partiality of officers toward classes of individuals or persons based on individual demographics, Unbiased Policing - Page 2 u14 hut and Impartial Treatment: A belief and practice that all persons shall be treated in the same manner under the same or similar circumstances, despite race or other distinctions: 'f his does not mean that all persons in the same or similar circumstances can or must he treated identical] Reasonable concessions and accommodations may be made, when dealing with individuals with physical or mental disahilities, injury, illness,or similar conditions, or when infirm-whop about them necessitates different treatment, Individual Demographics: Personal characteristics, to include, but not limited to race, ethnic background, national origin, gender, gender identity, sexual orientation, relivion, socioeconomic status, ace„ disability, cultural group, or political status, Race or Ethnicity: Is defined by Chapter 2 of the Texas Code of Criminal Procedures as. Alaskan native or American Indian, Asian or Pacific Islander, Black, White, and I tispanic r I atino, Police Services: Actions and activities that may not directly include enfOreement of the law but that contribute to the overall well-being and .safety of the public, 'Ihese may include, but are not limited to, such tasks as traffic accidents, medical emergencies, and assistance at fire scenes, lifesaving services, preventive patrol., crime prevention: public information, traffic control: and similar activities. Motor Vehicle Stop: Means an occasion in W h Ch a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. I . TRAINING A Officers are responsible to adhere to all Texas Commission on Law F:,nforeement LI( t„)11.':) training, and the 1„aw 17:nforcement Management Institute of te,VLS ( TE:TvilT) requirements as mandated by law .B, All officers shall complete 'WOLF: training and education program on racial profiling no Liter than the second anniversary of the date the officer is licensed under Chapter 1701 of the I exas Occupations Code or the date the officer applies loran intermediate proficiency certificate. Whichever date is earlier, C„ All employees will 'receive basic and periodic in-service training, and, where deemed necessary, remedial .trainine on subjects related to police ethics, cultural diversity,. multi-eulturalism, human relations, police-eitiz,en interaction, standards of conduct, implicit bias, and related topics suitable for preventing incidents of biased policing. COMPLAINT INVVSTIGATA ION The department shall accept complaints from any person vvho believes he or she has been stopped or searched based on individual demographics. No person shall be discouraged, intimidated or coerced from filing a complaint. nor discriminated against because he or she tiled such a complaintC , Any person who receives an allegation of biased policing, including the officer who imitated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individualtsi on the process to do so Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation of biased policing to their superior before the end of shill_ Unbiased Pohctn±~r - Page 3 oN lmt Investigation cif ccaraaplaaint shall he conducted in a thorough and tinier manner, Ali eomplarnts will be acknowledged in writing to the initiator who vsoli receive disposition regarding said complaint wwtthin a reasonable time period. I he investigation shall be documented in writing and any reviewer's comments or conclusions shall be filed wvith the Chief When applicable, findings and or. suggestions fair disciplinary,' action, retraining or changes in policy shall he tiled ',kith the Chief 1_:. It' a biased policing complaint is sustained aaatnst an ufl"rcer, it will result in appropriate corrective andlor disciplinary, action, up to and including termination. F. Iithere is a department <<°Rico or audio recording the events upon which a complaint, of biased policing 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 tha t (.; The Professioraal Standards of°tiee shall maintain data related specifically tot complaints of biased policing, Information shall be provided to the Chief or to his or her designee, in a manner most suitable for administrative ro iev problem identification, and development of appropriate corrective actions, VI. PUBLIC E:IHlC'ATTION This. department will inform the public of its policy against biased policing and the complaint process. Methods that may be utilized to intbnm the public are the news media, radio, service or civic presentations, the Internet. <as welt as governing board meetings, Additionally, information will be made available as appropriate in languages other than f°ni fish. ►II DATA COLLECTION AN IMF PORTIN A. An officer is required to collect information relating to motor vehicle stops in ww°hich a citation is issued or an arrest is made as a result of those stops (:rn the citation officers must include: The person's gender; and ' The race or ethnicity of the individual defamed, as stated by the person or, if the person does not state the lerson`s race or ethnicity:.. as determined by the officer to the best of the officer's ability: Was the race or ethnicity" known prior to the stop, 4 The initial reason for the stop, Approximate location of the stop h. Whether a search was conducted as a result of the stop:, 7. The reason for the search, including any probable cause or reasonable suspicion that existed to perform the search', 8 Whether contraband was discovered,. `�. Description of contraband: l0 Result of the stop, and I f If an arrest occurred, was the arrest based on a violation of the Penal Code, traffic la+v, ordinance, or outstanding. \\`arrant Unbiased Policing Page 4 of 4 13. The information collected shall be compiled in an annual report covering the period of January I 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 all the required information stated in VILA, I-I I of this policy.. C. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifYini.! inliirmation about any peace officer involved in a stop or arrest. VIII. VSE OF VIDEO AND At I DIO EQUIPMENT A. All marked motor vehicles regularly used by this department to make motor vehicle stops shall be equipped with a video camera and transmitter-activated equipment13 . 1 ach motor vehicle stop made by an officer of this department that it capable of being recorded by video and audio, or audio as appropriate, shall he 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 ía complaint is filed with this department alleging that one of our officers has engaged in biased policing 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(Willis department are recording their motor vehicle stops., A recording °leach officer ‘vill he reviewed at least once every ninety 00) days, 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 with operable equipment. Police units with malfunctioning or inoperable mobile video camera equipment shall not be utilized, under normal circumstance, Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate, informing the Public on the Process of Filing a Racial r fili gComplaint with the lie Police Dee rtment rhe Texasfacial Profiling filing Law requires that police agencies provide itiforniation to the public regarding the manner in winch to file a racial profiling,complaint.laint. n are effort to comply with this particular component, the Wylie Police « ment launched an educational c. paign aimed at infOtillin 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 can a racial profiling violation by a Wylie Police nf"fi r. It i believed that through these efforts,the community has been properly informed of the new policies d the mplaint processes r l v t to ial profiling. * • * * C141 I I 11 41 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(TCOLL)trammg and the Law Enforeenient Management Institute of Texas(',EMIT)requirements. To date, all sworn officers of the Wylie Police Depa e.rit have completed the 'rcoLE basic training on racial profiling. The main outline used to train the oflieers of Wylie has been included in this report_ It is impo .ra to recognize that the Chief of the Wylie Police De.)rtment has also met the I...ranting requireinents,as specified by the Texas Racial Profiling LaW, in the conviction of I,EMIT program on racial profiling. The satisfactory completion of the racial profiling training by the swim 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 NM 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 1.0 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. acial 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 .?ucation 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 543202 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 chWylieged 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.) Vehicle interior I. Rear seat or interior panels have been opened, there r tools or spare tire, etc.. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) rces Proactive Field Stops Training Unit - Instructor's Guide, ' 'arylang Policearyl and Correctional Training Commissions, 2001. Appendix Web address for legislation - 1 e ettpliao2 tic.state t . r tl ` rlb It t 0 t " . itr 1, Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of I/1 n7-1231/17,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 1/147 --- 12/31117. Complaints Filed for Possible Violations of The Texas Racial Profilina Law Complaint Alleged Violation Disposition of the Case No. Additional Comments: 0 a ' 1 Tier 1 I ata (I) Tier 1 Data Motor Vehicle-Related Contact Informationll/1/17-12/31/17) Race/Ethnicity* 1 Contacts Searches Consensual t PC Searches 1 Custody Searches Arrests % N % N % N % N %,....____ Caucasian 5 700 58 654 1 62 1 304 73 350 55 155 62 , .....„._____I _.... African 1,691 17 209 1 20 60 14 149 23 43 1 17 Hispanic 1 5 956 1 11'0 175 17 45 11 130 20 44 18 Asian 277 3 8 .8 5 1 3 .5 5 2 Native 8 .08 0 0 0 1 0 0 0 1 ,4 American Middle Eastern 200 1 2 .5 2 .5 ' 3 .5 1 A Other 24 .2 2 2 MIIIIII 0 1 0 0 0 , - - 1 'ttal 9,856 100 1,053 100 418 100 1 635 100 1 249 1 100 "N"represents"number" of traffic-related coritacts * 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 in Percentages) 70 60 444 50 4,0 it ‘.00 30 46tin v4h 20 ‘1,,ti 10 464 0 • Ntotoi Vehicle Contacts 4 Caucasian e African efispartic Astan 'Native Arrierican Micadie Easterri Other Tier 1 Data (Frequency of Searches) 700 600 ;«\1 500 400 300 lc 200 tc.t oo I$4 4.4,k o " Semmhes Consent PC 4k Caucasian m Afneart 40sparec Ascen I Natve Amer A an PI Midde Eastet Other . i Tier I.. Data. Arrests in Percentages.) •7 0 1150 trariamkpareoft awititateriatasirriviai aatoaataiweitaiiei: taaaaatiattoiaireatiii *trelooktgwVolaiki r raii*aatammoaati, aisotlaroatiatargia: 50 t-,y0i4i,44MOla ilia 3,1+Ww.ve.,v4S. 44.041Vika 0#6,7404.0} 6,4k$441.4.011 14404$404110 101.000141* ut#004014.00 40 itsoftftiiiimOitAkirit „„atoliaairitaiorai, iatiaawaykai#0,,,,, tiivittettifltkat iolik‘ifoRasetsti iloititevigiti** ariqtatitA,AitakAvir 3 0 ,iiak6a,k,emiutai„, matarai arinia4 ttiviiitierSatifoittra estrfaiitainater4i0 wm,f+ttar, iltii 4Atimiem,..thikw ***.kikUVri' . 1W•t1354f.40,4Nei . 20 rataotiatiaiiiiataksiia tartigiaNaiaittaatit iiirxiO4.*****, 4, i , AWkolosty , 000000%, :0441,4"i$440•0 44 tvigkimotgemo 10 00000104 .... .. gigow$4.0 . , .„4„0,i4kiwo4p411 0 ,.si i au rimir nu i i i 3 rim Arrests Caucasian I African r Hispanic An n Native American I Middie Eastiem ,Ot es Total. N, ,- her of Instances where Officers Knew/did not Know Race/Ethnicity of individuals Before Beilia Detained (.1/1/17--12/31/1'7) . ...„ Total Number of Total Number of jInstances where Officersinstances where Officers Knew 4 :ce and Ethnicity Did Not of Individuals Before and Ethnicity of Being Detained Individuals ;efore Being t -tained 29 9,827 ._ Known Race/Ethnicity (Frequencies) 12000 1 41. 1 Kno,vvil ' o[Known Tier (Pa la! Exe ption Partial Exemption Racial Profiling Reporting (Tier 1 ) Department Name \J\t4e ct c)ctx rvie Agency NumberH aO Chief Administrator Name A INW01,\ t) _772), Amde r.soo Reporting Namer L ()0 c Contact Number_ E-mail Address c)€‘40,As OLOMe- \AitxAsONQ Certification to Report 2.132 (Tier 1 ) — Partial Exemption Policy Requirements (2.132(b) CCP):iEach 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;L (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;L) (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;1 (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and! (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the 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. These polices are in effect 3e/fi Chief Administrator Date Partial Exemption c r i (Tier 1) Partial Exemption Claimed by 2 135(a) CCP): all res ularly used for motor`vehicle stopsare it video r trans ifter-activated equipnientt r stopi is re orded andrecording in f the t is retairied for at least_ er the st In accordance it .1 a the n y has requested received funds to iristall the recording egtii t claim thisexemption Chief Administrator *ate I xe stion acia I Profilirt . - el3o in . ( ier ) (This is the TCL OSE recommended form. The form is not mandatory. The information contained in this fo , however, is mandatory. You may use your form, but all information must be •rovided ) If you clonal a partial exemption you must submit a report that contains the following data or use this format to report the data. Instructions: Please fill out all boxes. If zero, use 0, 1. Total on lines 4, 11, 14, and 17 Must be equal 2. Total on line 20 Must equal line 15 Number of Motor Vehicle Stops: , '3 3 citation only 2 I2Lm arrest only 3 IV both 4 2 S'q Tot ace or Ethnicity: 5 14110 African 6 71 Asian 7 1621 Caucasian 8 tor)? Flispanic 9 62 Middle Eastern 10 q Native American 1162 SPIotal Race or Ethnicity own Prior to Stop? 12. 019 "des 1 .al ig No 14.1gq 9 Total tal Search Coridmet d. 15, 3 Yes 16,Y7q No as Search Consented? 18. Yes Option to submit required data by utilizing agency report You must submit your report in PDF format Electronic Submission of data required by 2.132(b)(6) CCP (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;L (B) whether a search was conducted and, if so, whether the individual detained consented to the search; andLl (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and This report meets the above requirements 0/130//2 Chief Administrator Date Send entire documents electronically to this website www.tcleose.state.tx.us iparison air 5 Is Standars 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(17 1 / 1/1` ) Race/Ethnicity* ' Contacts Households with vehicle in rcenta es) access in iercenta;;es) Caucasian 0 African 17 14 Hispanic 19 Asian5 Native American . .. 08 N/A Middle Eastern 2 N/A Other N/A '"",a l a "r;��' an wr r'a *"", tim WA.�"�rM n;r., '' r pa.d�11 Irkta a �,a^�'.�w`""r" wv eta"« �, "" ",•+,+" N q. /detah e r��ma�",'t Total 100 * Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian,African, Elispan.ic, Asian,Native American and Middle Eastern". **Represents rounded figure g)tor 'Vehicle Contacts and Households (Percentages) 2017 60 , 22‘2 060 „0k SO AgAll tete Av aro 40 ,43t AA A 4 3° gig 423 20 11 gOto ,otkv 10 $110 ' NV 62, 6 6 S6°321 .„ 32 Ntir t‘; %kfi. Caucasd an AtricaTi ehsparat Asian Nahve Miridl.e Eastern Other Ameracan *Contacts rr Housahokih Tier ixteen-Year Co it parative (Ill)Sixteen-Year Tier 1 Data Corn i)arisori Comparison of Sixteen-Year Traffic and Motor Vehicle-Related Contact Information (1/1/02---12/31117) Race/Ethnicity* Traffic-Related Contacts (in percentages) 1 _ (02) (03) (04) (0 ) 1 (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 II 16 14 13 Asian .47 1 1 1 1 1 2 2 2 _,..,.1. Native .06 0 0 0 0 .01 ,05 .05 American Other 1 .30 0 .24 ,06 0 .8 1 1 Total 100** 100 100** 100 100 100** 100 100** Race/Ethnicity is defined by l'exas Senate Bill 1074 as her rig of a"particular descent, including Caucasian, African, l-Iisparlic, Asian,or Native American". ** Figure has been rounded, Comparison of Sixteen-Year Traffic and Motor Vehicle-Related Contact Information (111102--1 131l 7 -. -- ; Related Contacts(in percentages) Motor Vehicle-Related (10) (11) (12) (13) (14) (15) (16) (17) Caucasian 72 1 69 67 65 I 64 58 58 58 African I I 13 14 1_4 1516 ilis lank 13 14 15 15 17 20 21 2 0 Asian 1 2 1 2 2 7 2 2 2 3 Native American .01 .0 0 .07 0 .0 Middle Eastern 7 1 _. 3 3 3 Ater .1 ,2 1 .C� .Cl' ,� 11= Total � � „'`1 d�d1�� 1 Cl 1� � 1�� *�s 1 Cl � r11�11 1 �, ^. � " � 0 * ce/ thnicity 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 Contacts in Percentages (2002--2017) 0 k. i;i . 70 60 t, , 1r 0010 50 40 30 , 2(1 , ' 014 Carricasiarl Afric,an ,A5,iarl, Native Am n PA tern Otier 2r1102 tr5 20(13 204 20r111 M 2OC16 20C,r, 2r).08 2009 2 2010 xi 2(111 2012 201,3 2014 2015 2olt-,, 04 Comparison of Sixteen-Year Traffic and Motor-Vehicle Related Search Information (111/02---12/31/17) Race/Ethnicity* Search-Related Searches(in percenta ) (02) (03) (04) (05) (06) (07) (08) (09) Caucasian 79 64 59 53 81 73 68 71 African 3 1 8 7 5 11 14 12 Hispanic 18 34 31 44 14 15 16 15 Asian 0 .6 0 1 0 0 1 2 2 Native 0 0 0 0 0 0 0 3 A erica n Other 0 0 2 0 0 3 2 .3 Total 100 100** 100 100 100** 100** 100 100 RaceEthnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic, Asian,or Native,evrnerican" * Figure has bevn rounded. Comparison of Sixteen-Year Traffic and Motor Vehicle-Related Search Information (1/1/02---12131/17) Race/Ethnicity* Motor Vehicle-Related Searches(in percentages) (10) (11) , (12) (13) (14) ' (15) (16) (17) Caucasian 68 67 73 72 64 58 61 62 African 14 15 15 12 18 ' 18 17 20 H 7ispanic 1 ! 16 11 LJ4 16 20 i 20 17 , Asian ' 1 1 A ' .7 1 , 2 } 1 .8 , - , t- Native 0 0 , 0 .4 0 0 ' 0 0 American Middle Eastern .7 1 1 A 1, 6 2 1 Other 0 0 2 0 0 , 0 0 .2 Total 100** I 100** 100 100 , 100 100 j 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. 1 Tier- 1 Searches in Percentages (2002--2()17) 90 80 tl 60 ki akt. 50 6' a 40 ktvt, 83: ' 30 ',It 20 1, 3 Cklucasiat African Hvapanic As1a0 Native Amer Easterri Other a 2002 te 2003 21)04 2006 a 31106 a 201)7 2008 213(19 a 2010 a 2011 20'12 2013 2014 12(115 2016 20131 Comparison of Sixteen-Year Traffic and Motor Vehicle Related Arrest Information (1.11/02-12/31/17) Race/Ethnicity*— Motor Vehicle-Related Arrests(in percentages) 1 (02) (03) 1 (04) (05) (06) (0'7) (08) (09) Caucasian 77 43 57 50 f 67 66 67 66 1 1 African 3 1 4 7 12 12 13 15 1 1 1 Hispanic 19 54 38 4 21 20 18 16 Asian 0 2 0 0 0 1 1 , Native 0 0 0 1 0 fl 0 0 0 .3 Anterican 1 Other 0 0 1 1 1 1 0 3 0 Total 100** 100 100 100 , 100** 100** 100 100 1 i i 1 "*-Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a-particular descent:includirig Caucasian, African,Hispanics Asians or Native American- ** Figure has been rounded Comparison of Sixteen-Year Traffic and Motor Vehicle-Related Arrest information (1/1/02---12/31/17) Race/Ethnicity* rf Motor Vehicle-Related Arrests (in percentages) (10) (11) (12) (13) (14) (15) L (16) (17) Caucasian 67 64 66 70 61 58 60 62 African 1 12 14 15 H 17 16 14 17 Ilivanic 19 19 18 j 17 19 23 24 _ 18 Asian .7 1 0 .5 2 2 .6 2 Native 0 0 0 .5 0 0 0 „4 American Middle Eastern .7 1 1 3 : 2 1 ,6 4 Other ..4 0 1 .3 3 0 0 .3 0 •r ' ' s 1‘IV, , , ' , , 1,11', , ,,, , 1, ", ,S,, ,:e00, 4 4,, ,,,,''':,,‘,',,I , :,,', ,,, ‘1 , '', 1., , Total 100 100** 100 100 100 100 100 100 *RaceiEthnicity 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 Arrests in Percentages (2002--2017) 99 0 TO 2 , SO 1 a A 1' 2 40 30 21 '14 , 20 Ala sa 0 7 ' . . - Caucasian t5,fri.can Haspanic Asaan Nsitade American Middle Easteraaa ()Sher 25102 i2 2003 2.004 200.5 2006 2007 2(308 1) 2910 aaaa, 2(90) S 2012 R 2013 2814 2015 2016 2017 A Iysis I $ Inter trot ., Analysis In 2001, the Texas legislature passed Senate 'Bill 1074 Which became the Texas Racial Profiling Law. That is, the law came into effect on January I, 2002 and required all police departments in Texas, to collect traffic-related data and report this information to their local. governing authority by March I 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 2009 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 2017, the Texas Legislators passed H.B. 30.51 which removed the Middle Eastern data requirement but standardized the racial and ethnic categories relevant to the individuals that came in contact with the police. In addition, the Sandra Bland Act(S.B. 1849) was passed and became law. That is, the most significant legislative act in Texas history regarding future data requirements on law enforcement contacts, became law and effective January 1.., 2018. All future reports will contain more extensive data entries and analysis as well as records regarding audits and the analysis of searches, as required by law. In an effort to comply with The Texas Racial Profiling Law, the Wylie Police. Department commissioned the analysis of its 2017 motor vehicle contact data. Thus, three different types of data analyses were performed, The first of these involved a careful evaluation of the 201'7 motor vehicle-related data, This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native Americans, Middle Easterners and individuals belonging to the "other" category, that came in contact with the police in the course of a motor vehicle related contact, and were either issued a citation or arrested. Further, the analysis included information relevant to the number and percentage of searches (table I) while indicating the type of search performed(i.e., consensual or probable cause). Also,the data analysis included the number and percentage of individuals who, after they came in contact with the police for a motor vehicle-related reason, were arrested. The additional data analysis performed was based on a comparison of the 2017 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 veh„icles while controlling far the race and ethnicity of the heads of households. Ft 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 challenges that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2017 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 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(DEW) ,Metroplex, The final analysis was conducted while using the 2002--2009 traffic data and the 2010- 2017 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,- 201„1, 2012, 2013,,2014, 2015, 2016 and 2017, There is no question that the comparison of sixteen years of traffic/motor vehicle contact data highlight areas of consistency with regards to traffic and motor vehicle- related contacts. That is, the sixteen-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 (201.7) Motor Vehicle-Related Contact Analysis When analyzing the Tier I data collected in 2017, 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 African Americans and Hispanics. 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 African American and Hispanic descent that came in contact with the police was higher than the percentage of African American and Hispanic households in DFW that claimed, in the 2010 census, to have access to vehicles. With respect to Caucasians and Asians, a lower percentage of contacts were detected. That is, the percentage of Caucasian and Asian drivers that came in contact with the police in 2017 was lower than the percentage of Caucasian and Asian households in DFW with access to vehicles. Sixteen-Year Comparison The sixteen-year comparison (02-17) 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 2017 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 2016. However, a few differences were noted, When comparing 201.7 to the previous years, there was an increase in percentage of contacts among African American drivers. A decrease in percentage was detected among Hispanics. It is clear that commonalities in the data existed, when.analyzing the search-related contacts for all sixteen years. A decrease in percentage was noted among tlispanics; the opposite was true for Caucasians and African Americans. When considering the arrests made, the data revealed that the percentage of arrests increased among Caucasians and African Americans while a decrease in percentage was evident among Hispanics. It should be noted that the 2010, 2011,. 2012,- 2013, 2014,. 2015, 2016 and 2017 data should be analyzed while considering that since January I' of.2010, a contact was re-defined by the law; thus, making it statistically challenging to compare traffic contacts(collected and reported 'from 2002-2009) with motor vehicle contacts (collected arid 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 a smaller percentage of Caucasian and Asian drivers than the percentage that resided in DEW and had access to vehicles. Further, the data suggested that the percentage of African American and Hispanic drivers that came in contact with the police in 2017 was higher than the percentage of African American and. Hispanic 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 sixteen-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 sixteen 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; particularly with African Americans and Hispanics. 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 now required by law to: 1) Perform an independent search analysis on the search data collected throughout 2018„ 2) Commission data audits in 201.7 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 complied with recommendations made last year, in a similar report, regarding data audits. In sum, the information and analysis provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. .„„„„„ ill Chec ' ist Checklist The following requirements yere met by the Wylie Police Department in accordance with The Texas Racial Profiling Law Clearly defined act or actions that constitute racial profiling Statement indicating prohibition of any peace officer employed byi the Wylie Police Department from engaging in racial profiling Implement a process by which an individual may the a complaint regarding racial profiling violations Provide public education related to the complaint process Implement disciplinaly guidelines for officer found in violation of the Texas Racial Profil g Law 04 Collect data (Tier 1)that includes information on a) Race and ethnicity of individual detained Via) 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 Indicate total number r of officers vvho knew and did not know, the race'ethnicity of individuals before racing detained. a Produce an annual report on police contacts(Tier I)and present this to local governing body and T `tLE by March ),2018, Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation '' 4 Contact info ation For addition& questions regarding the information presented in this report, please contact: Del Carmen Consulting, LTC 817.681,7840 k% te\.asracialprotilttv corn y%1NAN cielcarmenconstjitipt,com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, TLC, is not liable for any omissions or errors committed in the acquisition, analysis,or creation of 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. tV sw, 4 Wylie City Council AGENDA REPORT Meeting Date: February 13, 2018 Item Number: G Department: Fire (City Secretary's Use Only) Prepared By: Fire Account Code: N/A Date Prepared: January 29, 2018 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, Resolution No. 2018-09(R) authorizing the City Manager to execute a Consent to Assignment by and between the Southeast Collin County EMS Coalition, consisting of the Texas cities Wylie, Parker, St. Paul, Lavon and Collin County, Texas (collectively, the "Coalition", East Texas Medical Center ("Tyler Hospital"), ETMC EMS ("ETMC EMS"), and Paramedics Logistics Texas, LLC ("PP Texas"). Recommendation Motion to approve Resolution No. 2018-09(R) authorizing the City Manager to execute a Consent to Assignment by and between the Southeast Collin County EMS Coalition, consisting of the Texas cities Wylie, Parker, St. Paul, Lavon and Collin County, Texas (collectively, the "Coalition", East Texas Medical Center ("Tyler Hospital"), ETMC EMS ("ETMC EMS"), and Paramedics Logistics Texas, LLC ("PP Texas"). Discussion An interlocal agreement established a cooperative purchasing agreement for ambulance service between many local communities and created the Southeast Collin County EMS Coalition (SCCEC). The SCCEC has established a strong partnership with East Texas Medical Center EMS (ETMC EMS) over the last 20 years. SCCEC entered into a five-year agreement in 2014 with East Texas Medical Center, d/b/a ETMC EMS. In addition to operating the hospital, ETMC also operates an ambulance service, which included ETMC EMS and Paramedics Plus. Paramedics Plus primarily operated outside the State of Texas. In March of 2016, ETMC made the decision to create a standalone EMS ambulance provider, which became ETMC EMS and was no longer a d/b/a of East Texas Medical Center. In 2017, ETMC made a business decision to sell the hospital and ETMC EMS. As a part of this sale, ETMC EMS will change names and be absorbed with Paramedics Plus. There is no impact to the City of Wylie. The employees and personnel operating Paramedics Plus are the same who were operating ETMC EMS. ETMC EMS wishes to transfer and assign substantially all of its assets, including the Agreements, to PP Texas. No changes to the Coalition's current contact will occur; this action only changes ownership of the contract. (Rev 01/2014) Page 1 of I RESOLUTION NO. 2018-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN AGREEMENT FOR CONSENT TO ASSIGNMENT BY AND BETWEEN THE SOUTHEAST COLLIN COUNTY EMS COALITION, CONSISTING OF THE TEXAS CITIES WYLIE, PARKER, ST. PAUL, LAVON AND COLLIN COUNTY, TEXAS (COLLECTIVELY, THE "COALITION", EAST TEXAS MEDICAL CENTER ("TYLER HOSPITAL"), ETMC EMS ("ETMC EMS"), AND PARAMEDICS LOGISTICS TEXAS,LLC ("PP TEXAS"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Agreement authorizing the City Manager to execute a Consent to Assignment by and between the Southeast Collin County EMS Coalition, consisting of the Texas cities Wylie, Parker, St. Paul, Lavon and Collin County, Texas (collectively, the "Coalition", East Texas Medical Center ("Tyler Hospital"), ETMC EMS ("ETMC EMS"), and Paramedics Logistics Texas, LLC ("PP Texas"). SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of February, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No. 2018-09(R) EMS/Fire Protection Contract Consent to Assignment. Page 1 of 1 CONSENT TO ASSIGNMENT This Consent to Assignment (this "Consent") is entered into on [ ], 2018 by and between the Southeast Collin County EMS Coalition, consisting of the Texas cities Wylie, Parker, St. Paul, and Lavon, and Collin County, Texas (collectively, the "Coalition"), East Texas Medical Center ("Tyler Hospital"), ETMC EMS ("ETMC EMS"), and Paramedics Logistics Texas, LLC ("PP Texas"). Members of the Coalition and ETMC EMS, as applicable, were or are parties to the Contract for Paramedic Ambulance Services dated October 1, 2003, the Contract for Paramedic Ambulance Services dated October 1, 2008, and the Contract for Paramedic Ambulance Services dated October 1, 2014, each as amended, supplemented and/or novated (collectively, the "Coalition Agreements"), and the Supplemental Agreement to the Coalition Agreements, dated October 1, 2014, as amended, supplemented and/or novated (the "Supplemental Agreement" and, together with the Coalition Agreements, the "Agreements"). ETMC EMS wishes to transfer and assign substantially all of its assets, including the Agreements, to PP Texas. Pursuant to Section 8.3 of the Coalition Agreements and Section 18(1) of the Supplemental Agreement, as applicable, the assignment of the Agreements from ETMC EMS to PP Texas must be approved by the applicable members of the Coalition. IT IS, THEREFORE AGREED as follows: 1. Subject to the conditions set forth in this Consent, the assignment of the Agreements from ETMC EMS to PP Texas is APPROVED. 2. The assignment of the Agreements from ETMC EMS to PP Texas is contingent upon the following: (1) PP Texas obtaining an Emergency Medical Services Provider License from the Texas Department of State Health Services; and (2) closing of the sale of certain assets from ETMC EMS to PP Texas or any of its direct or indirect affiliates. (collectively, the "PP Texas Conditions"). In the event that either of the PP Texas Conditions is not met on or before February 28, 2018, all of the rights, duties and obligations of ETMC EMS under the Agreements will be assigned to Tyler Hospital. 3. In the event that the PP Texas Conditions are met after February 28, 2018, but before August 31, 2018, all of the rights, duties and obligations of ETMC EMS under the Agreements will be assigned to PP Texas within 30 days of satisfaction of the PP Texas Conditions. 4. Upon the assignment of the Agreements pursuant to this Consent: PP Texas or Tyler Hospital, as applicable, accepts and agrees to perform all of the rights, duties and obligations of ETMC EMS under the Agreements; and ETMC EMS will be released from any further obligation under the Agreements. [Signature pages follow] Paramedics Logistics Texas, LLC d/b/a Paramedics Plus By: Nlichael rich, President i ''''',:'11 East Texas Medical Center ,? 10011111.w-- ''"":1144",' / Alle 4 .„ ,,, .... LI ,Pre • t 1 ETMC EMS 4 y E, By: ELMER ELLIS, President i il 1 1 1 1 k e µ r k ,11 i. 1 3e X I 3 The City of Wylie By: Title: of iv. 41, Wylie City Council AGENDA REPORT Meeting Date: February 13, 2018 Item Number: H Department: HR&Finance (City Secretary's Use Only) Prepared By: HR&Finance Account Code: Various Date Prepared: February 1, 2018 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2018-04 amending Ordinance No. 2017-26 (2017-2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2018-04 amending Ordinance No. 2017-26 (2017-2018 Budget) for proposed budget amendments for fiscal year 2017-2018; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Discussion Staff is recommending the addition of a Part-Time Public Arts Coordinator position. Under the general direction of the City Manager, the Public Arts Coordinator will be responsible for administering the City's public arts programs, promoting the incorporation of art within the community, organizing special events related to the arts, and providing staff support for the Public Arts Advisory Board. These duties are currently absorbed by the City Secretary position. This would be a part-time position and would be placed on 112 pay grade of the general pay plan. As part of this recommendation, staff is proposing an allocation of funds in the amount of$13,009 to cover all cost associated with this position for the remainder of FY 2017-18. Exhibit 2 Staff is also recommending updating the City Manager Department's staffing chart to reflect the proposed change referenced above. Exhibit 3 A copy of the job description for this position has been included as part of this submission. Exhibit 4 Page 1 of 1 ORDINANCE NO. 2018-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2017-26, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2017-2018; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2017-26 setting forth the Budget for Fiscal Year 2017-2018 beginning October 1, 2017, and ending September 30, 2018; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2017-2018 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2017-2018 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2017-26, are, completely adopted and approved as amendments to the said FY 2017-2018 Budget. SECTION II: All portions of the existing FY 2017-2018 Budget and Ordinance No. 2017-26, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: 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. Ordinance No. 2018-04—City Council Budget Amendment FY 2017-2018 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision 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 13th day of February, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2018-04—City Council Budget Amendment FY 2017-2018 City of Wylie Exhibit 2 New Part-Time Public Arts Coordinator Position Salary and Personnel Expenses(March 1,2018-September 30,2018) 51112 51220 51420 51440 51450 51470 51480 Employee ID Employee Name Employee Title Grade Rate Hours Part-time Salary Phone Allowance LTD FICA Medicare Workers Comp TWC Total 01-XXXX VACANT P/T Public Arts Coordinator 112 $ 35.02 280 $ 9,805.60 $ 600.00 $ 55.89 $ 607.95 $ 142.18 $ 25.81 $ 270.00 $ 11,507.43 TOTALS 5 9,805.60 $ 600.00 $ 55.89 $ 607.95 $ 142„18 $ 25,81 $ 270,00 $ 11,507,43 Rate and hours are for budgetary purposes. Total hours based on average 9 hrs/week x 15 payrolls plus YE accruals(this amount will cover the cost for the remainder of FY 2018). Personnel Costs 100-5112-51110 Salaries $ 9,806.00 100-5112-51220 Phone Allowance $ 600.00 100-5112-51310 TMRS $ - 100-5112-51410 Hospital&Life Ins $ - 100-5112-51420 LTD $ 56.00 100-5112-51440 FICA $ 608.00 100-5112-51450 Medicare $ 143.00 100-5112-51470 Workers Comp $ 26.00 100-5112-51480 TWC $ 270.00 $ 11,509.00 Equipment Costs 100-5155-52130 Dell Laptop $ 1,500.00 Exhibit 3 CURRENT BUDGET BUDGET BUDGET BUDGET STAFFING 2014-2015 2015-2016 2016-2017 2017-2018 City Manager 1.0 1.0 1.0 1.0 Assistant City Manager 1.0 1.0 1.0 1.0 Public Information Officer 1.0 1.0 1.0 1.0 Communications Specialist 1.0 1.0 1.0 1.0 Administrative Assistant I 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 1.0 TOTAL 6.0 6.0 6.0 6.0 PROPOSED BUDGET BUDGET BUDGET BUDGET STAFFING 2014-2015 2015-2016 2016-2017 2017-2018 City Manager 1.0 1.0 1.0 1.0 Assistant City Manager 1.0 1.0 1.0 1.0 Public Information Officer 1.0 1.0 1.0 1.0 Communications Specialist 1.0 1.0 1.0 1.0 Administrative Assistant I 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 1.0 Public Arts Coordinator 0.0 0.0 0.0 0.25 TOTAL 6.0 6.0 6.0 6.25 Exhibit 4 CITY M-WYLIE • JOB DESCRIPTION: Public Arts Coordinator JOB TITLE: Public Arts Coordinator DEPARTMENT: City Manager's Office Date Created: 04128/2017 PAY GRADE: 112 Last Updated: 12/07/2017 FLSA STATUS: Non-Exempt FULL-TIME: Part-Time GENERAL SUMMARY: Under the general direction of the City Manager, the Public Arts Coordinator is responsible for administering the City's public arts programs, promoting the incorporation of art within the community, organizing special events related to the arts, providing staff support for the Public Arts Advisory Board, collecting and developing information related to arts-related initiatives within the community, and coordinating a variety of related tasks. ESSENTIAL JOB FUNCTIONS: • Serves as primary staff to the City's Public Arts Advisory Board and City Council in developing, implementing, and evaluating long-range plans, procedures, and policies for the Public Arts Program. • Prepares, distributes, and updates promotional materials for City-sponsored public arts installations, events, and programs. • Maintains an up-to-date public arts section of the City's website and finds opportunities to showcase our City's art in publications and other informational resources. • Develops, negotiates, and monitors contracts with artists, arts organizations, or other organizations related to Public Arts Program. • Assists in fundraising activities, and proposals to support the Public Arts Program, as necessary. • Prepares special reports, typically on subjects pertaining to public art issues that are accurate, complete and meet assigned deadlines. • Coordinates the development of an Annual Public Arts Program plan. • Serves as liaison between City, arts, and/or business organizations relative to the Public Arts Program, including other City departments and divisions,the Downtown Merchants Association, the Wylie Economic Development Corporation and others. • Maintains an inventory database and archive of the City's art collection and projects, including information regarding the artists' contacts and contracts, project maintenance requirements, and other project specific information. • Assists in the development, marketing and implementation of various development incentive programs related to the arts. • Coordinates, promotes, and holds various public arts events, including public input sessions, exhibits, and workshops, as assigned. • Responds to information requests from the public, media, artists and other public art programs. • Perform as a responsible steward of the public trust and strive for excellence in public service, enhancing the quality of life for all. • Act in a civil, respectful manner at all times to management, co-workers and others. • Other duties as may be assigned. CITY OF WYLIE-PUBLIC ARTS COORDINATOR 1 OTHER JOB FUNCTIONS: • Lift and move boxes weighing up to 25 pounds. • Work with Chamber of Commerce and the business community on community events. MINIMUM JOB REQUIREMENTS High School diploma required. Business college courses or related course work preferred. Five years' experience with public art programs. Three years' experience with direct coordination, financial management and with public events. KNOWLEDGE, SKILLS AND ABILITIES • Working knowledge of applicable laws, ordinances, regulations and resolutions related to official City business. • Strong organizational, administrative and clerical skills. • Proficient with personal computer, word processing, spreadsheet and desktop publishing software. • Excellent grammar, spelling and composition skills. • Effective written and oral communications. • Good people skills. Ability to interact with City officials, and the business community with courtesy and tact. • Ability to work during peak times leading up to special events and projects. • Ability to maintain an acceptable attendance history. • Ability to pass a pre-employment drug screening test, physical and criminal background check. The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this position. They are not intended to bean exhaustive list of all responsibilities, duties, and skills required. This description is subject to modification as the needs and requirements of the position change. PHYSICAL STRENGTH REQUIRED: MODERATE: Exerting 20-50 pounds occasionally, 10-25 pounds frequently, or up to 10 pounds constantly. PHYSICAL ACTIVITIES REQUIRED: Carrying Crouching Fine Dexterity Handling Hearing Lifting Pushing/Pulling Reaching Sitting Standing Talking Walking Standing for long periods of time PRIMARY WORK ENVIRONMENT: Indoors SHIFT WORK: No CALL-OUT: No COMPETENCIES Performance will be evaluated based on core competencies and competencies associated with the specific job family. CORE COMPETENCIES: Customer Service Dependability and Consistency Teamwork Safety CITY OF WYLIE-PUBLIC ARTS COORDINATOR 2 JOB FAMILY COMPETENCIES: Professional HIPAA COMPLIANCE STATEMENT: All employees who have access to health information whose confidentiality is protected by the HIPAA Privacy Rule must have an understanding and knowledge of the Privacy Rule that corresponds to their job responsibilities. Employees who violate the requirements of the HIPAA Privacy Rule will be subject to discipline, up to and including termination. Read and Acknowledged by: Signature: Date: Printed Name: CITY OF WYLIE-PUBLIC ARTS COORDINATOR 3 Wylie City Council STY AGENDA REPORT Meeting Date: February 13, 2018 Item Number: I Department: City Secretary (City Secretary's Use Only) Prepared By: S. Storm Account Code: 100-5113-56070 Budgeted Date Prepared: February 2, 2018 Amount: $13,000 Resolution, CCEA Contract, Exhibits: Cost Estimate Subject Consider, and act upon, Resolution No. 2018-10(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 5, 2018 Wylie General Election for the City's Voters residing in Collin County. Recommendation Motion to approve Resolution No. 2018-10(R), approving an Election Contract by and between the City of Wylie and the Collin County Elections Administrator for administration of the May 5, 2018 Wylie General Election for the City's Voters residing in Collin County. Discussion By the terms of this agreement, the City of Wylie agrees, pursuant to the provisions of the Texas Election Code, to hold its General Election on Saturday, May 5, 2018. Per Council direction, the City will contract with the Collin County Elections Administrator to perform various duties and responsibilities for Wylie's Collin County voters, on behalf of the City. The contract presented has specified duties for each party and estimated costs to administer the election. This agreement, once executed, will formalize the General Election for May 5, 2018 between the City of Wylie and the Collin County Elections Administrator, Bruce Sherbet, and approve the estimated costs for this portion of the General Election. Under the terms of the contract, it is noted in the contract, if the City cancels their election, a charge of$75.00 will be accessed as full cost for the election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. Collin County Elections Administrator Bruce Sherbet will administer the election for registered voters residing in the incorporated city limits of Wylie within Collin County. Per direction from Council, the City will administer the election for Wylie voters in Rockwall and Dallas Counties and provide administrative services. All Wylie voters will use the Smith Public Library as the Early Voting and Election Day polling place. Page 1 of 1 RESOLUTION NO. 2018-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING AN ELECTION CONTRACT BY AND BETWEEN THE CITY OF WYLIE AND THE COLLIN COUNTY ELECTIONS ADMINISTRATOR FOR ADMINISTRATION OF THE MAY 5, 2018 WYLIE GENERAL ELECTION FOR THE CITY'S VOTERS RESIDING IN COLLIN COUNTY. WHEREAS, the City Council of the City of Wylie wishes to contract with Collin County Elections Administrator, Bruce Sherbet to administer the May 5, 2018 General Election as referenced in the contract which is attached as Exhibit"A", and WHEREAS, Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the taxpayers. The Election Code allows and encourages cities and school districts to contract with any county within its incorporated city limits for the administration of local elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Interlocal Agreement by and between the Collin County Elections Administration and the City of Wylie, Texas for the Administration of the May 5, 2018 Wylie General Election for Collin County Voters. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of February, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No.2018-10(R) CCEA Election Administration Contract EXHTBIT "A" Contract for Election Services Resolution No.2018-10(R) CCEA Election Administration Contract May 5, 2018 General Election Contract for Election Services City of Wylie May 5, 2018 General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of City III Cost of Election IV .General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Vote Centers Exhibit C .Cost of Services May 5,2018 General Election—City of Wylie 01/31/18—Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY OF WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City's May 5, 2018 General Election and a City Runoff Election, if necessary, on June 16, 2018. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center,however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City. May 5,2018 General Election—City of Wylie 01/31/18—Page 3 b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure,prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. May 5,2018 General Election—City of Wylie 0 1/31/18—Page 4 2. Supplies include smart cards, sample ballots,provisional forms, maps, labels,pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City's May 5, 2018, General Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. May 5,2018 General Election—City of Wylie 0 1/31/18—Page 5 D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit"B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. c. Election night reports will be available to the City at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City can obtain the list of registered voters from the Elections Administration Office after this retention period. May 5,2018 General Election—City of Wylie 0 1/31/18—Page 6 Pending no litigation and if the City does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. DUTIES AND SERVICES OF THE CITY. The City shall assume the following responsibilities: A. The City shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 2, 2018. C. The City shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City shall deliver to the Contracting Officer as soon as possible, but no later than 5:00 PM Wednesday, February 21, 2018, the official wording for the City's May 5, 2018, General Election. b. The City shall approve the "blue line" ballot format prior to the final printing. D. The City shall post the publication of election notice by the proper methods with the proper media. May 5,2018 General Election—City of Wylie 01/31/18—Page 7 E. The City shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit"C" for required services. F. The City shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 6, 2018. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #31.38 McKinney, Texas 75071 Made payable to: "Collin County Treasury"with the note "for election services" included with check documentation. G. The City shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee,pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit"C." IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City's May 5, 2018, General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City. C. If the City cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 5, 2018, General Election. All actual shared May 5,2018 General Election—City of Wylie 01/31/18—Page 8 cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 5, 2018, General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 2018. Bruce Sherbet Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF 2018. By: Attest: Eric Hogue, Mayor Stephanie Storm, City Secretary City of Wylie City of Wylie May 5,2018 General Election—City of Wylie 01/31/18—Page 9 Exhibit"A" MAY 5, 2018 GENERAL ELECTION Early Voting Locations and Hours City of Wylie Polling Place Address City Collin County Election Office 2010 Redbud Blvd., #102 McKinney (Main Early Voting Location) Smith Public Library 300 Country Club Rd., Wylie Bldg. 300 Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 22 April 23 April24 April25 April 26 April27 April28 8am—5pm 8am—5pm 8am—5pm 8am- 7pm 8am - 5pm 8am - 5pm April 29 April 30 May 1 May 2 May 3 May 4 May 5 7am - 7pm 7am—7pm 7am—7pm Election Day * City voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 5,2018 General Election—City of Wylie 01/31/18—Page 10 Exhibit"B" MAY 5, 2018 GENERAL ELECTION Election Day Vote Center — City of Wylie Precincts Location Address City "VOTE CENTER" Smith Public Library 300 Country Club Rd., Bldg. 300 Wylie *City voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. May 5,2018 General Election—City of Wylie 01/31/18—Page 11 ESTIMATED COSTS FOR CITY OF WYLIE May 5, 2018 Exhibit "C" SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie Sample Ballots $0.1866 each 100 $18.66 Early Voting Mail Ballots $1.20 each 10 $12.00 Early voting and election day kits $25.00 each 2 $50.00 Central Counting kit and supplies $50.00 each 1 $50.00 County Precinct Maps $12.00 each 2 $24.00 Printer Labels $5.27 each 4 $21.08 Grand Total $175.74 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie Voting Machines (7's) $150.00 each 8 $1,200.00 Transfer Cases $5.00 each 2 $10.00 Metal Signs $1.00 each 4 $4.00 Wood Signs $2.00 each 2 $4.00 EV Security Cabinets $200.00 each 1 $200.00 EV Computer Cabinet $50.00 each 1 $50.00 ED Security Cabinets $200.00 each 1 $200.00 EV/ED Cabinet Drayage $260.00 each 2 $520.00 Grand Total $2,188.00 EARLY VOTING Number of Early Voting Locations 1 Workers each location 3 Units Cost Wylie Mailed Ballot Kits $1.00 each 10 $10.00 Postage for Ballots $0.88 each 10 $8.80 Assemble EV Location $50.00 each 1 $50.00 Total Judge Hours $12.00 hour 68 $816.00 Overtime Judge Hours $18.00 hour 23 $414.00 Total Alt. Judge &Clerk Hours $10.00 hour 136 $1,360.00 Overtime Alt. Judge& Clerk Hours $15.00 hour 46 $690.00 Pickup & Delivery of Supplies $25.00 each 1 $25.00 Grand Total $3,373.80 ELECTION DAY Number of Election Day Locations 1 Workers each location 3 Units Cost Wylie Total Judge Hours $12.00 hour 14 $168.00 Total Alt. Judge &Clerk Hours $10.00 hour 28 $280.00 Pickup & Delivery of Supplies $25.00 each 1 $25.00 Grand Total $473.00 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost Wylie Manual Recount Deposit $60.00 each 1 $60.00 Process Pollworker Checks $1.50 each 4 $6.00 Process Election Judge Notices $1.50 each 4 $6.00 Grand Total $72.00 TABULATION Tabulation Network $4,000.00 Election Night Vendor Support $1,800.00 Notice of Inspection/Tabulation Test $1,500.00 Total $7,300.00 Number of Entities 30 Total $243.33 PROGRAMMING Dominion Project Management $2,500.00 Full Service Programming w/Audio $18,000.00 Total $20,500.00 Number of Entities 30 Total $683.33 CENTRALIZED COSTS Early Voting Ballot Board $1,250.00 Cost for Central Count Workers $1,400.00 FICA on Election Workers $10,000.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(6) $1,100.00 Early Voting Personnel in McKinney $4,500.00 Warehouse Gas Mileage $1,400.00 County Overtime and Temporaries $50,000.00 FICA for County Employees $1,250.00 Total $70,950.00 Full Service Jurisdictions-547,737 City of Wylie-26,025 4.75%of Total=$3,370.12 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $175.74 EQUIPMENT RENTAL COST $2,188.00 EARLY VOTING $3,373.80 ELECTION DAY $473.00 ADMINISTRATIVE EXPENSES $72.00 TABULATION/PROGRAMMING COSTS $926.66 CENTRALIZED COSTS $3,370.12 Total $10,579.32 10%Administrative Fee $1,057.93 Grand Total $11,637.25 90% Deposit due by 04/06/18 $10,473.53 OF 1 w, 4 Wylie City Council AGENDA REPORT Meeting Date: February 13, 2018 Item Number: J Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: February 6, 2018 Employment Agreement Exhibits: amendment Subject Consider, and act upon, the First Amendment to the Employment Agreement between the City of Wylie and Mindy Manson. Recommendation Motion to approve the First Amendment to the Employment Agreement between the City of Wylie and Mindy Manson. Discussion Section 12 of the current Employment Agreement (shown below) for the City Manager sets out a specific contribution amount of$13,000 to be made by the City to a deferred compensation account. The proposed First Amendment to the Agreement amends that section to establish a new contribution amount of$18,000. SECTION 12: RETIREMENT Wylie agrees to provide Manson, to the full extent of her eligibility for same, retirement benefits under the Texas Municipal Retirement System, same being the Wylie retirement system presently in force. In addition, each year, Wylie shall contribute Thirteen Thousand and No/100 Dollars ($13,000.00) under Section 457 of the Internal Revenue Code, as deferred compensation to Nationwide Retirement Solutions. This contribution will be made on or around January 1 of each year beginning with year 2007, and is in addition to Manson's salary referred to in Paragraph 5 above and will immediately expire if this Agreement and Manson's employment are terminated pursuant to Paragraph 6 above. In lieu of making a contribution to the deferred compensation plan, the dollar value of this contribution may be used, at Manson's option, to purchase previous service from another qualified plan. (Rev 01/2014) Page 1 of I FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (Mindy Manson) THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT ("First Amendment"), made and entered into this day of , 2018 by and between the City of Wylie, Texas, a municipal corporation chartered as a home-rule city, ("Wylie") and Mindy Manson("Manson"), both of which parties hereto understand and agree as follows: WHEREAS, Wylie and Manson entered into that certain Employment Agreement dated October 1, 2006 (the "Agreement"); and WHEREAS, Wylie desires to continue employing Manson as City Manager of Wylie as provided by the Wylie City Charter; and WHEREAS, Manson desires to continue accepting employment as City Manager of Wylie on the terms outlined herein; and WHEREAS, Manson and Wylie desire to amend Section 12 of the Agreement on the terms outlined herein. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated,the parties hereto agree as follows: 1. Applicability of Agreement. Except as otherwise stated herein, the terms defined in the Agreement will have the same definition and meaning when utilized in this First Amendment. Except as otherwise provided herein, the terms and conditions in the Agreement will remain in effect and enforceable. 2. Amendment to Agreement, Section 12 (Retirement). Section 12 (Retirement) is hereby amended as follows: "Wylie agrees to provide Manson, to the full extent of her eligibility for same, retirement benefits under the Texas Municipal Retirement System, same being the Wylie retirement system presently in force. In addition, each year, Wylie shall contribute Eighteen Thousand and No/100 Dollars ($18,000.00) under Section 457 of the Internal Revenue Code, as deferred compensation to Nationwide Retirement Solutions. This contribution will be made on or around January 1 of each year beginning in January 2018, and is in addition to Manson's salary and will immediately expire if this Agreement and Manson's employment are terminated. In lieu of making a contribution to the deferred compensation plan, the dollar value of this contribution may be used, at Manson's option, to purchase previous service from another qualified plan." First Amendment to Employment Agreement(Mindy Manson)—Page 1 2374836 3. Entire First Amendment. This First Amendment may not be modified or terminated except by the mutual written agreement of the parties hereto or the terms of the agreement or the First Amendment 4. Venue. This First Amendment shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 5. Consideration. This First Amendment is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 6. Counterparts. This First Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 7. Authority to Execute. The individuals executing this First Amendment on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this First Amendment to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this First Amendment in order for the same to be an authorized and binding First Amendment on the party for whom the individual is signing this First Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 8. Savings/Severability. In case any one or more of the provisions contained in this First Amendment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this First Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 9. Representations. Each signatory represents this First Amendment has been read by the party for which this First Amendment is executed and that such party has had an opportunity to confer with its counsel. 10. Waiver. Waiver by any party of any breach of this First Amendment, or the failure of either party to enforce any of the provisions of this First Amendment, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 11. Miscellaneous Drafting Provisions. This First Amendment shall be deemed drafted equally by all parties hereto. The language of all parts of this First Amendment shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this First Amendment are for the convenience of the parties and are not intended to be used in construing this document. First Amendment to Employment Agreement(Mindy Manson)—Page 2 2374836 12. Controlling Agreement. This First Amendment shall be and is hereby incorporated into the Agreement for all intents and purposes, and except as otherwise stated herein, the terms, provisions and definitions of the Agreement shall apply to this First Amendment. To the extent any provision contained herein conflicts with the Agreement, the provisions contained herein shall supersede such conflicting provisions contained in the Agreement. 13. Effective Date. This First Amendment shall be effective as of January 1, 2018. IN WITNESS WHEREOF, Wylie has caused this First Amendment to be signed and executed on its behalf by its Mayor, duly attested by its City Secretary, and Manson has signed and executed this Agreement, both in duplicate, on the day and year first above written. CITY OF WYLIE, TEXAS Eric Hogue, Mayor Mindy Manson, City Manager ATTEST: Stephanie Storm, City Secretary First Amendment to Employment Agreement(Mindy Manson)—Page 3 2374836 of Wylie City Council AGENDA REPORT era uew aw'�a,� Meeting Date: February 13, 2018 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: January 29, 2018 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural—30 District(AG-30)to Planned Development for Single Family on approximately 52 acres, generally located northeast of the intersection of South Ballard and Pleasant Valley Road ZC2017-13 Recommendation Motion to approve a change of zoning from Agricultural—30 District(AG-30)to Planned Development for Single Family on approximately 52 acres, generally located northeast of the intersection of South Ballard and Pleasant Valley Road ZC2017-13 Discussion Owner: Bloomfield Homes,LP Applicant: Douglas Properties INC. The applicant is requesting for a change of zoning to a Planned Development to allow for single family residential use on approximately 52 acres generally located northeast of the intersection of South Ballard and Pleasant Valley Road. This tract of land was recently annexed as part of a development agreement that was adopted on October of 2017. The land has been given a temporary zoning classification of Agricultural-30 (AG-30) until permanent zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance and the executed Development Agreement. The development standards of this Planned Development contain the same requirements set forth in the approved Development Agreement. The zoning exhibit shows a concept plan with 169 single family residential lots, 9 open space lots and the donation of 1.6 acres to the City of Wylie for a fire station. The residential lots have a minimum lot size requirement of 6,325 square feet with 1/3 of the lots being a minimum width of 55 feet, 1/3 of the lots a minimum width of 60 feet, and 1/3 of the lots a minimum width of 65 feet. The setbacks of the residential lots are 20 feet in the front, 5 on the sides, 10 on the corner sides, and 15 on the rear with a maximum building lot coverage of 50%. Minimum dwellings shall be 2,000 square feet. The Developer will be required to install a screening wall where lots back or side to Elm, Ballard, and Pleasant Valley with a 5 foot side walk. The residential lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the home builder. Maintenance of the open space area will be the responsibility of the homeowners' association. (Rev 01/2014) Page 1 of 2 Page 2 of 2 While the developer is proposing lots much smaller than called for under normal zoning, the location of the project is partially in the General Urban Sector of the Comprehensive plan which does allow for high-density development. Also of note are the constraints of the property with a 75' Atmos gas easement bisecting the development. Notification/Responses: Twenty-Nine (29) notifications were mailed; with one response returned in favor and two responses against the request. 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'�'ii� ":Ai; ��rilit/rt�.� J`i�r r174.1.76-11-1:11111111)1:4*:cli iii 0>s. ,, z ! �Ij 1�4 �tI/u- ' it ! a.�► I - 1n it‘ 41, NI mil '��'`��♦�ve- / ��.e'4r:��'1i.,� 1��'1L�L.1�+ i'La TY � .�. ��/.�►,''j �► D ALLA- z 44 I TY 1111r Irippiii'llr 4qpr '41/40,1r 111P''SZ 1101" LOCATION MAP ZONING CASE #2017- 13 29.677 Acre Zoning Exhibit Legal Description BEING a 29.677 acre tract of land situated in the D.W.Williams Survey,Abstract 980,Collin County,Texas,and being a part of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust, recorded as Instrument 20110217000178570, Deed Records,Collin County,Texas,said 29.677 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I,an addition to the City of Wylie, as recorded in Cabinet P, Page 987,Plat Records,Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to James Gee and Stacy Gee recorded as Instrument 20080311000291280,Deed Records,Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West,with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack,as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract,at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract for a total distance of 1450.00 feet to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract III,described in deed to Brenda Lee Hensley,as recorded in Instrument 20071127001587490 of said Deed Records,a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 94-0078144 of said Deed Records,a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 95-0043284 of said Deed Records,and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169, Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East,with a common boundary line of said 32- 1/2 acre and 61.453 acre tract,a distance of 168.63 feet to a 60d nail found for the south east corner of said 32-1/2 acre tract and an exterior ell corner of said 61.453 acre tract,said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale,as recorded in Volume 5166, Page 1868 of said Deed Records; THENCE North 89 degrees 32 minutes 09 seconds West,with the common boundary line of said 32-1/2 acre tract and said 21.998 acre tract,a distance of 167.43 feet to a 5/8-inch iron rod with cap(3949)found at the northwest corner of said 21.998 acre tract and the east corner of a 3.000 acre tract of land described in deed to Peter P. Brady and Denise Brady,as recorded in Volume 5912, Page 1996 of said Deed Records THENCE North 89 degrees 32 minutes 41 seconds West,continuing with the common boundary line of said 3.000 and said 32-1/2 acre tract,a distance of 736.05 feet to a"PK" nail set for corner at a southerly corner of said 32-1/2 acre tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with cap(3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road,a 50 ft.+-public road right-of-way by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West,with the southwest boundary line of said 321/2 acre tract and the center of said Pleasant Valley Road,a distance of 664.12 feet to a PK Nail set for corner; THENCE North 44 degrees 43 minutes 21 seconds East,a distance of 27.66 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the most eastern southeast corner of a 1.6899 acre tract of land described in deed to the City of Wylie, recorded as Instrument No.20141013001118200 of said Deed Records; North 45 degrees 16 minutes 39 seconds West,along a boundary line of last mentioned tract a distance of 115.19 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at a cut back corner of the new right-of-way of South Ballard Avenue as established by last mentioned deed; Thence along and with the easterly lines of said 1.6899 acre tract and South Ballard Avenue (variable width right-of-way)the following courses: North 10 degrees 28 minutes 06 seconds West, a distance of 41.05 feet,at the beginning of a non-tangent curve to the left having a radius of 910.00 feet and a chord which bears North 14 degrees 01 minutes 03 seconds East,a distance of 301.57 feet; Northwesterly,with said curve to the left,through a central angle of 19 degrees 04 minutes 32 seconds,an arc distance of 302.97 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 04 degrees 28 minutes 47 seconds East,a distance of 138.58 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner; North 47 degrees 14 minutes 07 seconds East,a distance of 22.03 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner; South 89 degrees 59 minutes 27 seconds East,a distance of 56.31 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the southwest corner of Elm Drive,a proposed 50 ft.asphalt public road by said 1.6899 acre tract(prescriptive road,no record found); 2 North 00 degrees 00 minutes 33 seconds West,a distance of 50.00 feet to a to a 5/8- inch iron rod with yellow cap stamped"RPLS 3963"set for corner at the northwest corner of said Elm Drive; South 89 degrees 59 minutes 27 seconds West,a distance of 52.38 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 42 degrees 45 minutes 53 seconds West,a distance of 20.37 feet to a to a 5/8- inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 04 degrees 28 minutes 47 seconds East,a distance of 110.41 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set at the beginning of a tangent curve to the left having a radius of 2929.79 feet, and a chord which bears North 02 degrees 29 minutes 25 seconds East,a distance of 203.43 feet; Northeasterly,with said curve to the left,through a central angle of 03 degrees 58 minutes 45 seconds,an arc distance of 203.47 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curve; North 00 degrees 30 minutes 02 seconds East,a distance of 363.87 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the beginning of a tangent curve to the right having a radius of 1070.00 feet,and a chord which bears North 02 degrees 25 minutes 07 seconds East,a distance of 71.63 feet; Northeast,with said curve to the right,through a central angle of 03 degrees 50 minutes 10 seconds, an arc distance of 71.64 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve and the beginning of a reverse curve to the left having a radius of 1170.00 feet,and a chord which bears North 02 degrees 26 minutes 23 seconds East, a distance of 77.46 feet; Northeast,with said curve to the left,through a central angle of 03 degrees 47 minutes 38 seconds,an arc distance of 77.47 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve; North 00 degrees 32 minutes 34 seconds East, a distance of 350.10 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set in the south line of said 7.0105 acre tract and the north line of said 32-1/2 acre tract; THENCE South 89 degrees 34 minutes 06 seconds East,with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract,a distance of 386.68 feet to the POINT OF BEGINNING AND C. ' Al lNG 1,292,712 square feet or 29.677 acres of land. t `% i .40:40 I r ¢ ire „ Rob " - •} Date: 08-23-17 3.963 .7 3 21.992 Acre Zoning Legal BEING a 21.992 acre tract of land situated in the William Sutton Survey,Abstract No. 860,Collin County, Texas, and being all of that tract of land described in a deed to Cecil Hale, recorded in Volume 5166, Page 1868, Deed Records, Collin County, Texas (DRCCT), and being more particularly described as follows: BEGINNING at a point for corner near the centerline of Pleasant Valley Road at the southwest corner of said Hale tract, common to the northwest corner of a called 1 acre tract of land described in deed to Sanford Tucker, recorded as Instrument No. 20080627000788320, (DRCCT), from which a 5/8" iron rod with a cap stamped"5319"found for reference bears North 85°33'04" East,a distance of 26.45 feet; THENCE North 45°04'43"West, along the centerline of said Pleasant Valley Road and the southwest line of said Hale tract a distance of 343.64 feet to a point for corner at the most western corner thereof, common to the most southern corner of a called 3 acre tract of land described in deed to Peter P. Brady & Denise Brady, recorded in Volume 5912, Page 1996, (DRCCT), from which a 5/8" iron rod with a cap stamped "3949"found for reference bears, North 46°58'57" East,a distance of 20.13 feet; THENCE North 461'58'57" East, along the common line of said Hale tract and said Brady tract,a distance of 516.04 feet to a 5/8" iron rod with a cap stamped "3949"found in the south line of a called 32.5 acre tract of land described in deed to Mary Stone Howrey Living Trust, recorded as Instrument No. 20110217000178570,(DRCCT),at the most northern northwest corner of said Hale tract; THENCE South 89°32'09" East, along the north line of said Hale tract, and along the south lines of said 32.5 acre tract,the remainder of a 61.453 acre tract recorded in Volume 3169, Page 859, (DRCCT), and a called 21.0749 acre tract recorded as Instrument No. 96-0002217, (DRCCT), respectively, passing at a distance of 167.43 feet, a "60D" nail found at the southeast corner of said 32.5 acre tract, common to the southwest corner of said remainder of 61.453 acre tract, and continuing for a total distance of 1342.38 feet to the base location of a leaning 3/4"solid iron rod found for corner at an angle point; THENCE South 85°32'52" East, continuing along the north line of said Hale tract, and along the south lines of said 21.0749 acre tract and a called 20.0749 acre tract of land described in deed to Ricky Ray Foster, recorded as Instrument No. 98-0007168, (DRCCT),a distance of 270.22 feet to a point for corner in a 20" elm tree at the northeast corner of said Hale tract, from which a 5/8" iron rod with a yellow plastic cap stamped"RPLS 3963"set for reference bears,South 71°36'17"West, a distance of 3.55 feet; THENCE South 07°30'44" West, along the east lint of said Hale tract, a distance of 166.14 feet to a wooden fence post found for corner at an angle point; THENCE South 17°33'22" East, continuing along the east line of said Hale tract and with the remnants of an old fence line, a distance of 265.36 feet to a wooden fence post found for corner at the southeast corner thereof and being in the north line of a called 10.947 acre tract of land described in deed to David Anderson, recorded as Instrument No. 20120906001118340,(DRCCT), from which a 1/2" iron rod with a cap stamped "4819"found at an exterior corner of Lot 4, Block A, of Braddock Place Phase II, recorded as Instrument No. 20130725010002230(PRCCT)bears South 65°26'27" East a distance of 0.77 feet; THENCE South 84°31'04" West, along the common line of said Hale tract and said 10.947 acre tract a distance of 264.00 feet to a point for corner at an angle point,from which a 5/8" iron rod with a yellow plastic cap stamped "RPLS 3963"set for reference bears, North 78°10'55"West,a distance of 54.40 feet; THENCE South 85°33'04" West, along the south line of said Hale tract, and along the north lines of said 10.947 acre tract, a called 4.965 acre tract recorded in Volume 3097, Page 003, (DRCCI'), a called 1.000 acre tract recorded as Instrument No. 20070220000230660, and said Tucker tact, respectively, passing at a distance of 435.13 feet, a 1/2" iron rod found at the northwest corner of said 10.947 acre tract, common to the northeast corner of said 4.965 acre tract, and continuing for a total distance of 1545.90 feet to THE PLACE OF BEGINNING and containing 21.992 acres or 957,978 square feet of land. eig1914:- $rR•��eP 08-23-17 .. . . . . 3963 o 7: ....� z9 Robert C. 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S BALLARD AVE P� � \ \ 9 P �� P� <32s$�-�'_ __ '�d,—- �,-- —L1 3— _ (VARIABLE WIDTH R.O.W.) �, oP addition by metes and bounds Is a c Q�� AO �, C3— _ L14 C4.N • cP �o` violation of Clt Ordinance and WYLIE LIMITED PARTNERSHIP g C5 L15— Q� sy INST". 20131029001473060PERMANENT GRADING AND D.E. -------- , \ 0 �0 1 OState Law, and Is subject to fines D.R.C.C.T. L4 2014013001118210 � 1X 9,423 S.F. �, andwithholdingofutilitiesandD.R.C.C.T. 'J B �building permits. 21 22 23 24 25 26 27 O CC PERMANENT GRADING AND D.E.— \_ �~i F 29 1 2 3 4 (� 2014013001118210 7.0105 AC. LP � PROPOSED 5 6 7 O D.R.C.C.T. JAMES GEE AND STACY GEE `�o O' P�� J 2 3 4 5 6 7 8 9 10 11 INSTR. 20080311000291280 L fr 19 YFIRE STATION D.R.C.C.T. 1.605 ACRES18 STREET D 27.5' R.O.w. /0 \ N / Q-- STREET D 27.5' ROW.75' ATMOS ENERGY / 1X 28,477 S.F. U�o \ TR.#20170320000352110 Block H 75 ATMOS ENERGY 3X 43 387 S.FEAST FORK cioo D.R.C.C.T. B OC H CORP. EASEMENTSPECIAL UTILITY DISTRICT a NSTR.#20170320000352110 Block H O VOL. 4654, PG. 2624 o-1c0o0• D.RC.CT. w. ---} 4 16 S 1 x STREET D 27.5' R.O.W. / ` N I 4,664 S.F. 20 v ♦ W F i,54 III OM F— So ��J, 2 54 — § 00 ,A CC o Q � '9 55 56 57 58 0 c 6 \ �(0 ,I. 19 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 POINT OF 4 00 53 _I ,��°' 3 W © BEGINNING F 18 Si°01'30"W 1450.00' = o I 111117 ,<;; Q' 2 AC.0 8 `V CARLFOSTER & \o o GLADYS FOSTER0~ 411 VOL 528, PG. 213 0.9958 AC.o w 1 6 D.R.C.C.T. & ANNRICHAROMARIE CERMACK 5 6 7 8 9 10 11 12 13 14 15 16 17 L,r,,ii•m a o 9 � INSTR. 221 R1�2C8001646720 A rl SOUTHBROOK PHASE I O 6 CAB. P. PG. 987 m IY 10 ,N 5 16 O P.R.C.C.T. 18 19 U) li4 SS z a 50 SCAB.2 009K PG A399II 10 / ma: BROOKRIDGE DRIVE P.R.C�.C.T. 9 �? O TRACT II Nin N rn�? A BRENDA LEE HENSLEY 50' R.O.W. 8 / d M o 6 INSTR. 20071127001587490 / - 49 61.453 AC. D.R.C.C.T. On I STREET 0 VOLGLAD3 69, PG. 859 CURVE TABLE LINE TABLE YS P. FOSTER I I \ D.R.C.C.T. 7 CURVE # DELTA RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH LINE # LENGTH BEARING i RISTEN LN 50' R.O.W. 48 0.286 AC. BRENDA DENICE HENSLEY LLJ C1 2°23'49" 635.75' N21°06'12"E 26.59' 26.60' L1 168.60 S03°09'19"E "LAWS DR '—\ _ VOL. 5328, PG. 1702 > C2 19°04'32" 910.00' N14°02'56"E 301.57' 302.97' L2 166.27 S07°39'57"W 34 8 9 47 1.4376 AC. D.R.C.C.T. — s MARTIN RD •— 12 c) JERRY HENSLEY C3 3°58'45" 2929.79' NO2°31'18"E 203.43' 203.47' L3 176.17 S45°14'46"E CHAMPION DR r \ O o �J CO & BRENDA HENSLEY o 0 Q (Ti iiCC FILE 94-0078144 D \ id y,. 46 D.R.C.C.T. o C4 3°50'10" 1070.06' NO2°27'00"E 71.63' 71.64' L4 3.01 N44°45'14"E m \ 4 M d- ---I \. in1O �/ O TRACT I HIGHLAND RIDGE DR COVINGTON DR a I o 9 �- , BRENDA LEE HENSLEY I C5 3°47'38" 1170.02' NO2°28'16"E 77.46' 77.47' L5 115.19 N45°14'46"W 3 •W 01- 14 O ' INSTR. 20071127001587490 I_l_) 0c, u, COLONIAL DR a J N U �l .1 \h 45 ��j D.R.C.C.T. L6 41.05 N 10°26'13"W =Y Q • }Woo y I 28 0 \o /\�/' TRACT III L7 138.58 N04°30'40"EVII. _° W mm N o_ 44 1\ BRENDA LEE HENSLEY MEADOWLARK LN �� ELM RD o Q INSTR. 20071127001587490 1111 E 10 © D. 03 .R.C.C.T. L8 22.03 N47°16'00"E iSITE N / '<h C ''� L9 56.31 S89°58'40"E ;`� Approximate Location IN 43 �C LO 16 In of the 100 year r— Z 'h L10 50.00 N00°01'20"E �Pe- �Floodplain Limits `" �t P., � I ° e L11 52.38 N89°58'40"W �9 Zi 1 1111 30 kI 42 41) IIINs9 O 41 L12 20.37 N42°44'O0"W �T..,,<., 4.2466 AC. JERRY HENSLEY L13 110.41 N04°30'40"E ,_ ,,,,, in & BRENDA HENSLEY L14 363.87 N00°31'S5"E , 29 CC FILE 95-0043284 VICINITY MAP 18 I 00 13 D.R.C.C.T. L15 349.82 N00°34'27"E STREET H \ 40 N.T.S. 19r 50' R.O.W. 14 I W N z 39 8 QI-a,- U /�zN0 15 O 20 MI �� 38 M \ N Q 0 Oro 9 gJ U,,- N 30 CCo <Wm o •~ I v, w Q Z 0o 0 NQ0(,• \ 6 �st o0 10 �7 Q csi I o m \ J ' 36 oU) z = p0 © 11 \— CARL) ( ] 4) 14.325 AC. 4 / \ 35 FOSTER GLADYS P. OD VOL. 3169, PG. 859 23 Q D.R.C.C.T. 2 s 24gIIIIIII II I - L1 111 I 111111111111 I I 14 I 26 / ill aill STREET J R 0.W. NOTES: ZONING EXHIBIT zoo 30' SANITARY SEWER EASEMENT N. CAUSE NO. 002-3977-2010 r`) 1. Bearings are based on Texas State Plane Coordinates. Projection: State Plane NAD83 Texas North IEI4IERi\ LD VISTA uQa •� / �R.C.c.T. N Central Zone 4202, Lambert Conformal Conic, Feet (TX83—NCF). 169 RESIDENTIAL LOTS 0<00 �d \ \ 27-X ooN� 2. The Collin Central Appraisal District maps show the subject property entirely within the D.W. Williams 9 OPEN SPACE LOTS 195,594 S.F. W � N oo / co Survey, Abstract No. 980. The subject deed also describes the subject property as being part of the o • ) 0 D.W. Williams Survey, Abstract No. 980. However, the Texas General Land Office maps show that subject OWNER 1 FIRE STATION SITE z N property is within the William Sutton Survey, Abstract No. 860. BLOOMFIELD HOMES LP. BEING ,NLc) 3. By graphical plotting, the parcel described hereon does not lie within a Special Flood Hazard Area 1050 E. HWY. 114„ SUITE 210 Q 51. (ry QU ACRES O DO �°, (SPHA) as delineated on the Collin County, Texas and Incorporated Areas, Flood Insurance Rate Map, SOUTHLAKE, TEXAS 76092 !n i-co Map Number 48085C0535J, dated June 2, 2009, as published by the Federal Emergency Management (817) 416-1572 SITUATED IN THE co a.o, Agency. The Surveyor utilized the above referenced floodplain information for this determination and the N �Q�„ Surveyor does not certify that revised floodplain information has or has not been published by the D,W, WILLIAMS SURVEY, ABSTRACT 980 04'0&,- DEVELOPER WILLIAM SUTTON SURVEY, oo 265.SO 2 N} o Federal Emergency Management Agency or some other source. This statement shall not create liability ABST. NO. 860 Y on the part of the surveyor. DOUGLAS PROPERTIES, INC. 0 E z BM 1. "X" cut on top of pavement at the centerline CITY OF WYLIE, COLLIN COUNTY, TEXAS °40 intersection of Lantana Lane and Dominion Drive. 2309 K AVENUE, SUITE 100 Sli 4. All corners set hereon are 5/8" Iron Rods with yellow cap stamped RPLS Number 3963. PLANO, TEXAS 75074 ENGINEERING CONCEPTS Sc DESIGN, L.P. Elevation=507.21 5. Lots 1X & 28-29X, Block A, Lot 8X, Block B, Lot 1X, Block C, Lot 27X, Block D, Lot 24X, Block E (972) 422-1658 ENGINEERING/PROJECT MANAGEMENT/CONSTRUCTION SERVICES BRADDOCK PLACE PHASE II BM 2. "X" cut on top of pavement at the centerline Lots 1 X-3X, Block H, to be owned and maintained by the Home Owner's Association. TEXAS FIRM REG. NO. 001145 VOL. 2013, PG. 341 intersection of Lavender Lane and Rosemary Drive. SCALE: 1"=100' 201 WINDCO CIRCLE, SUITE 200, WYLIE TEXAS 75098 P.R.C.C.T. (972) 941-8400 FAX (972) 941-8401 Elevation=521.52' 6. No parking will be allowed along Elm Drive, DATE: December 19, 2017 08816\DWG\8816 Zoning Exhibit.dwg EXHIBIT "E" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 -Planned Development—Single Family(PD— SF) Lot Size (Minimum) Lot Area(sq. ft.) 6,325 Lot Width (feet) 1/3 of the lots minimum width of 55 1/3 of the lots minimum width of 60 1/3 of the lots minimum width of 65 Lot width of corner Lots (feet) 60 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum Square Footage) All Homes will be a minimum of 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 175 lots. 2. A 1/3 of the lots will be a minimum width of 55 feet, 1/3 of the lots will be a minimum width of 60 feet and a 1/3 of the lots will be a minimum width of 65 feet. 3. Developer will donate 1.60 Acres net of right-of-way dedication to the City of Wylie for use of a Fire Station. See location map in Exhibit"B". The tract will be deeded at time of Final Plat filling in leau of Park fees. 4. Key lots are defined as a corner lot which is backing up to an abutting side yard. 5. Three-tab roofing shall not be permitted. 6. No alleys shall be required within the Planned Development. 7. Developer shall install a screening wall where lots back or side to Elm, Ballard and Pleasant Valley with a 5 ft. side walk back of curb. 8. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 9. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 10. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 11. No parking will be allowed along Street D. 12. Maintenance of the Open Space Area Maintenance of the open space area will be the responsibility of the homeowners' association(HOA). Developer will be the contact entity with the City for all concerns regarding maintenance of open space until 100% of HOA control is turned over to the homeowners. A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 13. This Development will pay no Park Fees. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Zoning Exhibit and the following criteria: 1. Provision of Public Pathways -Public Open Space a. Base Standard (1) Trail shall be constructed per the Zoning Exhibit by the developer to the City's standards and completed as part of each phase of the subdivision being accepted by the city engineer. Open space parkland shall be in accordance with Zoning Exhibit as adopted by this ordinance. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access 44.0 Street Subdivision , Development Public Open Space Easement Open Space-4 b. Desirable Design Attributes Single-loaded Street along open space and access per Zoning Exhibit. 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Zoning Exhibit and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Zoning Exhibit. The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are following criteria: achieved in accordance with the 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into openo space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). may, � a " . ash ". vi " �� N r 'Ax�,tart`',, .4 a ask ,x+r .11 sum °r..,, °S a 9TM w +r51 a • "; -a�n'�Nurw�k"�.°� 2. Street Treatments— Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 4. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. i � i aId amti b. Desirable Design Attributes: None 5. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the façade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the façade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dotiiiers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. VV Fv °ti nn t' ,,, , s \t 4," b. Desirable Design Attributes: Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. b. Desirable Design Attributes: None 1212 rri 1 urn Roof" i. Pitch Allcvved 8512 :1>2 7. Roofs and Roofing - Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing - Roof Eaves a. Base Standard No wood fascia or soffits are permitted. nv a ,� ., a �'" u. "u"�� ✓ � a \,l u 1 t u„{ d �, v 1 i s., <v ^ v tr�,�a; b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. J_ L._1_._L_.J_.I-1._L._I_.—1_. _L._L._I_.— �'I I -r•T'T' 'T'T' OK r—I-r•T' I - I NO I 71 61 5 I 41 3 I 2 .) 1 I, 1 2 ( 6 ( 7 I — 3 LO S SKIP ED OP OSITE ODE OF STR5EET 5 LO S SKIP ED SAME SIDE OF STREET 7 5 . 4 . 3 ' 2 ' ' �a ' 1 . 2 . 3 . 4 . 5 . 6 . 7 . NO II OK( ( OK ( ( ( ( � ( ( _ 1—'i— '—>—'T'T'1—i—?'— • r I 'I—I'—r'T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors,materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. r • } y �k "'" sw�C�: "' m �P G 10 � t 1 �K 1r f,M Ar a �alr�.` � ,� � ;��M ,fir� a DPP! Air'1� � r(o h.� rv�"" �M'gyj" M1w' re�4. .del,tiu�J vud��nivsv�p6.w r"� 1 x, P P 1 b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall 2,000 s.f. , measured within the outside dimensions of a residential dwelling unit including each floor level,but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None NOTIFICATION REPORT APPLICANT: Jim Douglas-Douglas Properties,Inc. APPLICATION FILE #2017-13 2309 K Avenue#100 Plano,Texas 75074 BLK/ABSTI LOT/TRACT I TAX LD.# PROPERTY OWNER NAME ADDRESS Applicant-Jimlg1as 2309 K Avenue#I00 Douglas Properties, Inc. Plano,Texas 75074 Southhrook 100 Rockbrook Drive 2 Blk A Lot 5 R-8623-00A-0050-I Jack Hunter Wylie,Texas 75098 Southbrook 1822 Brookridge Drive 3 BIk A Lot 6 R-8623-00A-0060-I Crystal Stovall Wylie,Texas 75098 Southhrook 4740 Mill Creek Road 4 BIk A Lot 7 R-8623-00A-0070-I Li Zeng Dallas,Texas 75244 Southhrook 106 E. University Drive 5 Blk A Lot 8 R-8623-00A-0080-I Roger Roulette McKinney,Texas 75069 Southhrook 1816 Brookridge Drive 6 Blk A Lot 9 R-8623-00A-0090-I Poline Karoki Wylie,Texas 75098 Southhrook 1814 Brookridge Drive 7 Blk A Lot 10 R-8623-00A-0100-I Tonya Daou Wylie,Texas 75098 Southbrook 1812 Brookridge Drive 8 BIk A Lot 11 R-8623-00A-01100-1 Jeremy Gaines Wylie,Texas 75098 Southhrook 1810 Brookridge Drive 9 Blk A Lot 12 R-8623-OOA-0120-I Angela Rodriguez Wylie,Texas 75098 Southhrook 1808 Brookridge Drive 10 BIk A Lot 13 R-8623-OOA-0130-I Mark Garcia Wylie,Texas 75098 Souihbrook 1806 Brookridge Drive 11 Blk A Lot 14 R-8623-00A-0140-I Blair Williams Wylie,Texas 75098 Southbrook 2410 Camino Ramon#115 12 BIk A Lot 15 R-8623-OOA-0150-I Marc Bourreli San Ramon,CA 94583 Southbrook 1802 Brookridge Drive 1.3 Blk A Lot 16 R-8623-O0A-0160-I Lewis King Wylie,Texas 75098 Souihbrook 1800 Brookridgc Drive 14 Blk A Lot 17 R-8623-OOA-01700-1 Kaci Marcel Wylie,Texas 75098 Southbrook 1702 Brookridge Drive IS Mk A Lot 18 R-9778-00A-0180-I Ronnie Buckaloo Wylie,Texas 75098 Southbrook 1700 Brookridge Drive 16 BIk A Lot 19 R-9778-00A-0190=I Emily Green Wylie,Texas 75098 _ Southhrook 17 BIk A Lot 1 R-8623-00A-00I0-I No Information Available Southhrook 1904 Muddy Creek Drive 18 BIk A Lot 2 R-8623-00A-0020-I John Cannon Wylie,Texas 75098 Southbrook 1902 Muddy Creek Drive 19 Blk A Lot 3 R-8623-00A-0030-I Roxanne Crawford Wylie,Texas 75098 Southbrook 1900 Muddy Creek Drive 20 Blk A Lot 4 R-8623-OOA-0040-I Palsy Bratton Wylie,Texas 75098 Southbrook 100 Shadybrook Drive 21 BIk B Lot I R-8623-OOB-0010-I Nicholas Pappas Wylie,Texas 75098 Southbrook 2303 Vista Oaks Lane 22 BIk B Lot 22 R-8623-00B-0220-I Francisco Montalvo Wylie,Texas 75098 Southbrook 100 Cliffbrook Drive 23 BIk C Lot I R-8623-OOC-0010-I Joseph Rogers Wylie,Texas 75098 Southbrook 101 Rockbrook Drive 24 BIk C Lot 22 R-8623-00C-0220-I Casey Nash Wylie,Texas 75098 Southbrook 101 Shadybrook Drive 25 BIk 3 Lot I R-8623-00J-0010-I Alexander Pummer Wylie,Texas 75098 Southbrook 100 Foresthrook Drive 26 BIk J Lot 27 R-8623-OOC-0270-1 Carla Gilbert Wylie,Texas 75098 Covington 5763 S. SH 205#100 27 BIk A Lot I R-10758-O0A-0010-1 Oak National Holdings,LLC Rockwall,Texas 75032 Covington 5763 S. SH 205#100 28 Blk A Lot 2 R-10758-OOA-0020-1 Oak National Holdings,LLC Rockwall,Texas 75032 Covington 5763 S. SH 205#100 29 Blk B Lot 1 R-10758-00B-0010-I Oak National Holdings,LLC Rockwall,Texas 75032 Covington 5763 S. SH 205#100 30 BIk B Lot 2 R-10758-00B-0020-1 Oak National Holdings, LLC Rockwall,Texas 75032 Covington 1703 Asbury Drive 31 BIk B Lot 3 R-10758-00B-0030-1 Sermondo Johnson Wylie,Texas 75098 Braddock Place 300 Country Club Road#I00 12 BIk A Lot 4 R-10423-0OA-0040-1 City of Wylie Wylie,Texas 75098 I050 E.SH 114#210 33 Abst 860 Tract 5 R-6860-000-0050-1 Bloomfield Homes,LP Southlake,Texas 76092 _ 1050E.SH 114#210 34 Abst 980 Tract 18 R-6980-000-0I80-I Bloomfield Homes,LP Southlake,Texas 76092 520 N.Main Street#C-108 35 Abst 1 100 Tract I R-7100-000-0010-1 Wylie DPV Herber City,UT 84032 520 N.Main Street#C-108 36 Abst 1 100 Tract 4 R-7100-000-0040-I Wylie DPV Herber City, UT 84032 37 38 39 PUBLIC COMMENT FORM (Please type or ttse block ink) Department ul Planning 3(X)Country Club Road Building 100 Vstyhe,Texas 75098 I am FOR the requested /tonitilt as explained on the attached public notice for Zoning Case 47017-13. I am AGAINST the requested zolling as explained on the attached public notice for Zoning Case#2017- Date,Location &Time of Planning & Zoning Commission meeting: Tuesday,January 10.2018,600 pin Municipal Complex, 300 Country Club Road,Building 100, Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,February 13, 2f/18, 6:1)() pm Municipal Complex, 3t)0 Country Club Road, Building 100, Wylie,Texas t Name: e I L)(/..) (picaseprint) Address: , 1 7) ) ))) 11) 4) d Signature: .1) Date: 1 ,2, ,t2; 17 CONIN1ENTS: 1_,Q.) ,))42))))) )),4),4)4)-€) - - Let_ _ IL 7t t tY a„/„. ..t,t \://(1; (;t:ttett4Le '',1'1* / e:Y YY-te ( 2 ,/` .2',„,,t, e" "' 2-c-12-2 ZY-er,e- BY(.6.7-e• 1). r: '• --By (BPII. ILYIY.B,<Lee:YY4 4.1 BY: •,.."B•- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building I00 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2017.13, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2017-13, Date,Location&Time of Planning &Zoning Commission meeting: Tuesday,January 16, 2018, 6.00 pm Municipal Complex,300 Country Club Road, Building I0(), Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,February 13,2018,6:00 pm Municipal Complex,300 Country Club Road, Building 100, Wylie,Texas Name: '4 (please print) Addr . .... _ Y _ „�.... ....�. . _ �. //`ss; r... / Sgnatur` Date: COMMENTS: V:. T COMMENT PUBLIC COM NT FORM (Please type or use black ink) Department of Planning :300 Country Club Road Building 100 Wylie,Texas 75098 I am F the requested zoning as explained on the attached public notice for Zoning Case#2017.13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2017-I3. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday,January 16,2018,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday,February I ,20E8,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name: (please print) Address: ` -' sc7-ot(":"?.i)c)k)ie Signature: , Date: `/!— COMMENTS: : Ird '''' . 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Wimv In% % . ,: ,.y OWNER NOTIFICATION MAP ZONING CASE #2017- 13 t Wylie City Council AGENDA REPORT era uew aw'�a, 4430.0V6 Meeting Date: February 13, 2018 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: January 26, 2018 Budgeted Amount: Exhibits: 7 Subject Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development Multi-Family/Community Retail (PD-MF/CR) to allow for a 286 unit multi-family development with commercial uses on a 15.72 acre tract of land located northwest of the intersection of State Highway 78 and Westgate. (ZC 2017-12) Recommendation Motion to approve a change of zoning from Commercial Corridor (CC) to Planned Development Multi- Family/Community Retail (PD-MF/CR) to allow for a 286 unit multi-family development with commercial uses on a 15.72 acre tract of land located northwest of the intersection of State Highway 78 and Westgate. (ZC 2017-12) Discussion APPLICANT: Brian Rumsey(Cross Architects) ENGINEER: Brian Rumsey(Cross Architects) The Applicant is proposing a planned development to allow for an urban style approximately 300-unit multi-family development that will also include commercial uses. The property totals 15.72 acres and is currently zoned Commercial Corridor (CC). To the south is State Highway 78 and the rail line. To the west is light industrial zoned property occupied by Sanden International. To the east and north is commercial zoned property occupied by Home Depot, Tractor Supply, Tom Thumb, et al. The proposed uses are compliant with those listed in the Comprehensive Land Use Plan. Exhibit B is the proposed development standards. Exhibit C is a concept plan that shows the proposed layout of the residential and commercial uses. The development standards proposed will have the underlying regulations of Multi-Family (MF) and Community Retail (CR). The development will follow the Zoning Ordinance for those two districts unless explicitly stated otherwise within the PD Conditions. Some of the major differences between the PD and base zoning are: - The overall unit per acre density is higher to accommodate the 4-story urban style building. - Individual units can be smaller: 550sf Efficiency in lieu of 750sf and 650sf 1 bedroom in lieu of 900sf - Parking is set to 1.6 spaces per unit with shared parking for the commercial uses. - Main structure height is 65 feet in lieu of 40 feet to accommodate 4 stories. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Phase II of the project, shown as a hashed area on the south side of the property, may be developed as shown on Exhibit B. However, the developer may return for changes to the concept plan as the market dictates. In addition, the applicant is in the process of obtaining approval for the parking within the 50' Explorer Pipeline Easement. At this time approval looks promising, but the developer has submitted an alternate concept plan(Exhibit C) to be considered. A Final Site Plan will have to be submitted for review prior to development. Notification/Responses Twelve (12) notifications were mailed with no responses returned in favor or in opposition to the request at the time of posting. PLANNING & ZONING COMMISSION DISCUSSION: The Commission questioned the proposed parking ratio of 1:1.6 per dwelling unit as opposed to the required 1:2 per dwelling unit. The applicant stated that the commercial development will provide shared parking as well. There is available land within the development to construct additional parking if needed. The Commissioners voted 7-0 to recommend approval of the request with the stipulation that the Planned Development Standards, 4.3.F.2a be amended to strike out"with discretion of the owner" and add"to meet Planning&Zoning and Building Official approvals". g tir 111111 4/16. it ill Ill 114..111,1 Ain �iI. (,WQ1111r► an11t1/m .111rj t:4 an... unic! *pupilN11111 ' i 1111 • �" 11 i fir • '� iii.mu�11i1E111 �z._4j �.,... 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LJ..I 1111 I 1 LL\ l, i.1l rya.Ink ," '°' ) j4 ®1I1I1 i n 1u1.1iLu.i.1m.1.m.1t1.imi.1t, i 1ME /4c171,111110; Minis Drive riffilfiui1,i:I�rrrrrtrr 1 (lull hlllllh 'l1;� r anrrrurrr .... l1fll11111 LOCATION MAP ZONING CASE #2017- 12 EXHIBIT A Planned Development District Westgate Center Apartments PD#2017-XX 1.3 Relationship to Other Plans—Unless otherwise expressly stated in this exhibit and the accompanying concept plan (Exhibit B), Westgate Apartments shall abide by all the rules and regulations of the City of Wylie Zoning Ordinance in place at the time of enactment (2015-09). 3.3.B.1 Purpose—The purpose of this Planned Development (PD) is to allow for a development allowing a mix of high-density residential and commercial uses in a walkable living environment.This PD will address the semi-urban residential and retail needs within the City of Wylie. 3.3.B.3 Design Standards— Minimum Dwelling Size EF—550sf, 1BR—650sf Maximum Density 24 units per gross acre Design Standards Section 3.4 of this PD and Zoning Ordinance Front Yard setback (feet) 25 Main Structure Height 65 feet Accessory Structure Height 18 feet 3.4.A Design Standards Review—All development within this PD will achieve all of the design standards from Article 3 as follows, replacing the applicable section of'base' and 'desirable' standards in the Zoning Ordinance. 3.4.D.3.a Provision of Public Pathways—Perimeter walkways and landscape, Base Standard- All Residential Developments shall provide an eight foot minimum concrete public walkway with a 10 foot minimum width landscape buffer at the front perimeter of the development to provide access to the subdivision. Large canopy trees shall be provided at 50 ft. o.c.The walkway may be located partially in the landscape buffer and partly within the street right-of-way parkway and must be placed a minimum of five foot off the curb. Minimum size for shade trees shall be 3 inches in caliper and 14 to 16 feet in height. Ornamental shade trees shall have a minimum diameter of 3 inches,while ornamental flowering trees shall be eight to ten feet in height. Figure 4-2—Community Retail District(CR) Height Height of Main Structure(feet) 36 Number of Stories 2 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 25 Side Yard Setback(feet) 5 Rear Yard Setback(feet) 5 Buffering and Screening Nonresidential Use Adjacent to Multifamily Double Side&Rear Setback— 5'without landscaping or screening Service and Loading Areas No dedicated service loading area,private loading 4.3.D.la Building Placement—There will be two (2) entrances/facades for the restaurants, one oriented facing Westgate Way right-of-way and the other facing developed private drive shared within mixed use development. 4.3.D.4a Location of Service Areas and Loading—There is not a dedicated loading area for the restaurants, but the private drive is consider a loading access. 4.3.F.la Architectural Features— Architectural design features will be compatible with attached photos to achieve the required materials and façade articulation to meet Planning&Zoning and Building Official approvals. 4.3.F.2a Building Articulation, Form and Massing— Architectural design features will be compatible with attached photos to achieve the required materials, projections, recessed areas, canopies, projection heights, or other architectural elements for facade articulation to meet Planning&Zoning and Building Official approvals. `' v '} 048 s ) 55,"`i.\ �,kt\>i�`a, \\\93��#�µ��; ti"ti. tlC�`� "ti`\,.�� j��l��'�, ~,Qi��k�� ;,;\''''�3 a z olio: >1,111., ..,„0„ ° � Cia, -'�+ 411 � ld".� ,�,: ivy r',✓-,.0 � � e�� m�� v �j ti '� ��q tiom rC u• ^'. � . X F unvr t � d!„..�zi'^."tt ;^,-i 2:' wmuw 5.1 Land Use Charts—Phase I consist of any use allowed within the High-Density Residential and Commercial Retail (CR) columns in section B, D, E & F of Figure 5 3 (Land Use Tables), whether by right or as an SUP, shall be allowed by right within the PD. Phase II (Hatched South Property) on si•te plan Exhibit B,will be any use allowed within Commercial Retail (CR) columns in section D, E, & F of Figure 5-3 (Land Use Tables). 5.2.B.7b Multifamily Dwelling Additional Provision— A playground shall not be required. We would like to propose building numbers on each building and utilize onsite staff to assist tenants who ask for directions about the property. A trash compactor will be provided for residence in lieu of lidded dumpster. Covered mail boxes shall be incorporated into the design at the clubhouse. 7.3.C.1 Off StreetRequirements parking In lieu of parkingParking asRequirem required under section 5, all on-site w • Multi-family—1.6 spaces per unit • All parking for other uses will be shared among mixed usedshall development • Phase II Commercial Retail (CR)—1 space for 400 S.F. LEGAL DESCRIPTION BEING a tract of land located in the City of Wylie, Collin County, Texas, being LEGEND ) - all of the remainder of Lot 2, Block A, Replat of Lot 1 , Block A, Westgate 5/8" I.R.S. 5/8" IRON ROD SET WITH PLASTIC Center, Phase One, an addition to the City of Wylie according to the plat thereof CAP STAMPED "SCI" as recorded in Cabinet L, Page 659, Map Records, Collin County, Texas, being all (CM) CONTROLLING MONUMENT of that tract of land described in deed to Greenway Springs, Ltd. as recorded in D.R.D.C.T. DEED RECORDS, VALVE COLLIN COUNTY, TEXAS IRRIGATION RRIGATION CONTROL0 100' 200' Volume 6013, Page 1066, Deed Records, Collin County, and being more particularly I.R.F. IRON ROD FOUND >- >_ 1 described by metes and bounds as follows: M.R.C.C.T. MAP RECORDS, COLLIN, COUNTY, TEXAS SCALE: 1"=100' MW MONITORING WELL BEGINNING at a 1 /2" iron rod found for the southeast corner of said Lot 2, being NTS NOT TO SCALE the intersection of the northerly line of the A.T & S.F. Railroad (150' R.O.W. ) PG. PAGE P.O.B. POINT OF BEGINNING BASIS OF BEARINGS and the westerly line of Westgate Way (100' R.O.W. at this point) ; R.O.W. RIGHT-OF-WAY WEST LINE OF LOT 2, BLOCK A STMH STORM MANHOLE N oo°o3'zz" E THENCE, along the southerly line of said Lot 2, Block A, South 52 degrees 16 SSCO SANITARY SEWER CLEANOUMANHOLE (CABINETE L, PAGE 659, M.R.C.C.T.) minutes 00 seconds West, a distance of 790.00 feet rod a 5/8" iron rod with cap SSMH SANITARYF SEWER MANHOLE stamped "SCI" set for the southwest corner of said Lot 2, beingthe southeast TS TRAFFIC SIGN p UMG UDERGROUND MARKER-GASLINE corner of Lot 1 , Block A, Sanden Addition as recorded in Cabinet L, Page 457, UMP UNDERGROUND MARKER-PIPELINE Map Records, Collin County, Texas; VOL. VOLUME WV WATER METERA THENCE, departing said Railroad R.O.W. alongthe east line of said Sanden WV WATER VALVE P g � Addition and the west line of said Lot 2, North 00 degrees 03 minutes 22 seconds East, a distance of 1 ,392.97 feet to a 5/8" iron rod with cap stamped "Probeck-5187" found for the northwest corner of the herein described tract and the southwest corner of Lot 2A, Block A, Plat of Lot 2A, Block A, West Center Phase One as recorded in Cabinet M, Page 632, Map Records, Collin County, Texas; THENCE, departing the east line of said Sanden Addition, along the south line of said Lot 2A, South 89 degrees 56 minutes 38 seconds East, a distance of 519. 10 feet to a 5/8" iron rod found with cap stamped "Probect-5187" being the southeast , corner of said Lot 2A, the northeast corner of the herein described tract, being in the westerly right-of-way line of Westgate Way (65 ' R.O.W. at this point) ; N THENCE, along the westerly line of said Westgate Way and the easterly line of the herein described tract as follows: `� South 44 degrees 56 minutes 38 seconds East, a distance of 7.05 feet to a ` \ I I I � 1 /2" iron rod found, the beginning of a curve to the right; ; \ I I I I LOT 1, BLOCK A \ 20' EXPLORER I I I SANDER ADDITION �'I 1 Along said curve to the right through a central angle of 49 degrees 30 \ PIPLELINE EASEMENT I (REPEAT) o\ VOL. 783, PG. 538 minutes 38 seconds, a radius of 292.50 feet, an arc length of 252.76 feet, a 1 1'- I (CABINET L, PAGE 457, \ \ D.R.C.C.T. I I I I M.R.C.C.T.) ! chord bearing of South 20 degrees 11 minutes 19 seconds East and a chord distance \ 1 1 I __Iz \ \ of 244.96 feet to a 1 /2" iron rod found; 'o n LI L L 1 r South 04 degrees 34 minutes 00 seconds West, a distance of 493.90 feet to °� \\ I I 7L I I I n I I I I I I I I I 1 a 1 /2" iron rod found, the beginning of a curve to the left; O \ I I I I 20' ENSEARCH CORP 1 1 1 1 III II . > \ I I I I I I PIPLELINE EASEMENT�1 I---1 I I I I I I I I I I Along said curve to the left through a central angle of 42 degrees 18 o .(s' \\ 1 I I I I I VOL. 1256, PG. 728, I I I I I I I I I minutes 00 seconds, a radius of 262.79 feet, an arc length of 194.01 feet, a 'y D.R.C.C.T. 20' WA TER, T.U. ELECTRIC, �' \ ENSEARCH CORP. & GTE EASEMENTrd bearing of South 16 degrees 35 minutes 00 seconds East and a chord distance � \ 4 I I I I I I I I 1 n SCAB. G. 767, PG. 781, M.R.C.C.T. Tin I I I I I I I I TiI-I of 189.63 feet to the POINT OF BEGINNING and containing 684,800 square feet or \L _ _ _I LJ I_ 1 1_L L_ _ _ _ _ J LJ L _ _ J _ L I_ _I L J L _ _ _ _ _I L 15.7208 acres of land more or less. 4), 11 J4Q N 00°03'22" E 1392.97' - - _ _ _ _ _ .a dm- X� F X X . , ilf• if. 5/8' CHAIN-LINK FENCE �_ _ N 00°03'22" E 427.97' N 00'03'22" E 215.01' u) I.R.S. \ II y�' \l3 5/8" I.R.F.C. 5CURB M To: Cross Development Acquisition, LLC; Greenway Springs, Ltd. ; First American \ CONCRET 5 115' DRAINAGE & SANITARY SEWER EASEMENT "PROBECK-5187" INLET co 1 CAB. G., PG. 781, M.R.C.C.T. & / LOT 1, BLOCK A cv 'd' Title Insurance Company and Republic Title of Texas, Inc. \ 1 �Q VOL. 4880, PG. 22898, D.R.C.C.T. HEADWALL CONCRET I 30' X 30' WESTGATE CENTER, cn \ GRASS 1 I HEADWALL DRAINAGE EASEMENT M PHASE ONE ci I I N I This survey substantially complies with the current Texas Society of Professional \ +� - CAB. M, PG. 632, wI (CABINET L, PAGE 659, 20'--1 0 Surveyors Standards and Specifications for a Category 1A, Condition II, Land \ I I I 80' DRAINAGE EASEMENT M.R.C.C.T. M.R.C.C.T.) �� ' I �! Title Survey. \ \ \\ 30' ENSEARCH CORP I 1 VOL. 4880, PG. 2883, 684,800 SQUARE FEET CONCRETE O�D.R.C.C.T.D.R.C.C.T. - J PIPLELINE EASEMENT 15.7208 ACRES Delta=32°18'44" `+ \ VOL. 1256, PG. 724, 1 I I 1 (VACANT LAND-NO BUILDINGS) Radius=392.50' - - - _ _ _ \\ D.R.C.C.T. t I 1 1 ��' Length=221.35' 9 - o' Fa RELEASED 10/10/2017 FOR REVIEW PURPOSES ONLY. THIS cc \ ` J IS I 0 REMAINDER OF LOT 2A, BLOCK A 121.43' 50' EXPLORER PIPELINE CB=S 28°47'16" E �� W, . DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. �� LOT 2, BLOCK A p WESTGATE CENTER, CL=218.43' i S 00°03'22" W 1O \ 30' DRAINAGE EASEMENT CO. EASEMENT o WESTGATE CENTER, PHASE ONE -41 PHASE ONE Wi� Douglas S. Loomis \ CAB. G, PG. 781, / / 1 VOL. 767, PG. 659, / (CABINET L, PAGE 659, M.R.C.C.T.) (CABINET M, PAGE 632, / �a_ Registered Professional Land Surveyor No. 5199 \ M.R.C.C.T. // / I D.R.C.C.T. �A M.R.C.C.T.) / / F4 A \ / / I Ir // _ _ yj: \ \ '� S \\ // // 1 II W / Del at =45°00'00" m • cc / / 1 1 CONCRETE Length=308. 0' Radius=392.50' NOTES CORRESPONDING TO SCHEDULE B ITEMS \ \ �` \ / / GRASS CO / _ CC \ -A 0' \// // 1 li / CB=S 22'26'38" E hS 00,E Q / I LIMITS OF "DESIGNATED LANDFILL AREA" o' / CL-300.41' The following matters are referenced to First American Title Insurance tSO� �� GRASS I I (CALLED 5.74 ACRES) / 1 ■1 1 Company commitment GF No. 1002-226577-RTT, Effective Date August 24, 2017, �1 $ \ GRASS voL. 1016, PG. 589, D.R.C.C.T. I / go 3; Issued Date September 05, 2017. �► •O� \ 1 VOL. 2389, PG. 701, D.R.C.C.T. / 6/ \ '�� \ • .1 c90 \ I II VOL. 2772, PG. 149, D.R.C.C.T. / �n� \ �� o� \ I I CONCRETE / �, 4111 Property subject to restrictive covenants recorded in Volume 715, Page 629, t o, I Deed Records, Collin County, Texas, as amended by document recorded in �r�7► \ \ I II o� �•� / Volume 1851 , Page 609, Deed Records, Collin County, Texas. �� 9� \ 1 II / / .�� ` 10e 50' wide pipeline easement granted to Explorer Pipeline Company recorded in \ �� \\ 11 Al Delta=42°18'00" // j�/ 1 Volume 767, Page 659, Deed Records, and as shown on plat recorded in �� \ ��; \ oJ� I Radius=262.79' S 44°56'38" E I / Cabinet L, Page 659, Map Records, Collin County, Texas does affect the \ I Length=194.01 A. \ \\ // CB=S 16°35'00" E Delta-49°30'38" 7.0 / subject property, and as shown herein. Q. / CL=189.63' 25' BUILDING LINE Radius-292.50' / N__ '6 / I - CAB. L, PG. 659, - 101 30' wide pipeline easement granted to Enserch Corporation recorded in \ / [M.R.C.C.T. GRASS Length=252.76 /LRF' s/a" Q.R.F. . Volume 1256, Page 724, Deed Records, Collin County, Texas, and as shown on Q / _ CB=S 20 11 19 E / "PROBE d - \ / 4 . - - - - - - - - - - CL-244.96' slat' c.M.> plat recorded in Cabinet L, Page 659, Map Records, Collin County, Texas \ \ Win\ %j7 - 1/2LR.F. - �_ - =� - - - - - - �=\........ - ' I I does affect the subject property, and as shown herein. \ - _ - bo \ /\/ • _ - -` _ - - - 1 10J 80' wide drainage easement granted to Greenville-TSC, Ltd. recorded in "' S 04°34 00" MEM1/2" I.R.F. _ _ _ _ Volume 4880, Page 2883, Deed Records, Collin County, Texas does affect the 1/2" I.R.F. INLETR TV 493.90 IT - D. STRICKLAND SURVEY A-841 subject property, and is shown hereon. WESTGATE H/Ay / .C. DAVIDSON SURVEY A-267- _ (C.M.) �� \ \.)4(' P■ • ■B■ GONG - (65' R.O.W.) LOT 6 (APPROXIMATE SURVEY LINE \ \ °°• - C_PG• 781 M)R-C-C.T.) BLOCK A ) 10k Property subject to terms, provisions, and conditions of Voluntary Cleanup \ - - ' \ I Program Certificate of Completion recorded under County Clerk ' s File No. \ 20080408000416640, Deed Records, Collin County, Texas. LOT 7 I LOT 3 BLOCK A 1 101 The following easements as shown on the plat recorded in Cabinet 1, Page BLOCK A I 659, Map Records, Collin County, Texas affect the subject property, and are \ \ \ \ ` shown hereon: \ \ : 15 ' drainage easement along the west side of subject property, modified to a drainage and sanitary sewer easement by instrument recorded in Volume 4880, Page 2898, Deed Records, Collin Texas; THE GREENWAY ADDITION \ \ \ I (CABINET 0, PAGE 287, M.R.C.C.T.) I 25 ' building line along Westgate Way; \ \ I \ I 30' drainage and utility easement along the southerly property line. \ 10,; 1 Property subject to terms, provisions and conditions of Texas Water Quality Board Order 75-1125-1 , recorded in Volume 1016, Page 589, Deed Records, \ Collin County, Texas, as affected by instruments recorded in Volume 2389, \ \ Page 701 and Volume 2772, Page 149, Deed Records, Collin County, Texas. \ \ \ \ \ Location of "Designated Landfill Area" described in said documents is shown \ hereon. LAND TITLE SURVEY FLOOD STATEMENT 15.7208 ACRE TRACT By graphic plotting only, the property described hereon lies in Zone "X"-Areas REMAINDER OF LOT 2, BLOCK A determined to be outside the 0.2% annual chance floodplain, as indicated on WESTGATE CENTER, PHASE ONE documents issued by the Federal Emergency Management Agency, entitled "Flood Insurance Rate Map, for Collin County, Texas and Incorporated Areas, Community (CABINET L, PAGE 659, M.R.C.C.T. ) Panel Number 48085C0420J , Map Revised Date, June 2, 2009. This flood statement out of does not imply that the property and /or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur E.C. DAVIDSON SURVEY, ABSTRACT No. 267 & and flood heights may be increased by man-made or natural causes. This flood D. STRICKLAND SURVEY, ABSTRACT NO. 841 statement shall not create liability on the part of the surveyor. CITY OF WYLIE, COLLIN COUNTY, TEXAS PREPARED FOR: PROJECT INFORMATION 903 N. Bowser Road, Suite 240 HP CIVIL ENGINEERING Date of Survey: 10/10/2017 Richardson,Texas 75081 5539 Alpha Road Job Number: 1717914 (972)424-7002 Voice Suite 300 Drawn By: W.J.J. (972) 633 1702 Fax Dallas, Texas 75240 G.F. No. 1002-226577-RTT (972) 701-9636 File: 1717914 Bndy.Dwg WWW.SurveyConsultantsInc.Com 2,,,, SHEET 1 OF 1 mw ConsuM i ['JED TBPLS Firm No. 10139600 fRq�o� eqNUTILrTY ...... ... .. . . . .. . ....... . rM b1z, 41H� MA 7 -- -7�,,�7<7: 14' F-4_2 t 21T it M s V -j, 1 Mllm� 1 —1 Mlj- VL j- L INJIL j 4#7 j 1 P H A S E I M < VON, j NOW X, .. . .... . . . .. . . 1 IL , as WESTGATE WAY rep' p A r ----------- WESTGATE CENTER A ARTMENTS SITE PLAN WYLIE. TEXAS NOVEIMMM7 Page is too large to OCR. No Text 544 Taco Bell Westgate Dn, . fir r: r'Holland Hitch d- OWNER NOTIFICATION MAP ZONING CASE #2017-12 NOTIFICATION REPORT APPLICANT: Brian Rumsey - Cross Architects, PLLC APPLICATION FILE #2017-12 1255 W. 15th Street, # 125 Piano Tx 75575 -Brian� CrossPiano, ,55'U Westgate Center Lot 2 R-2569-OOA-0020-1 Greenway Springs, Lid. 2808o0 Dallas, Texas 75201 NMI ` 191 Campbell 1415 Lilacr .: Sanden Addition _24�1 vard Wylie Texas r9: Sanden Addition Lot 1-1 R-2447-00A-001, Sanden International, Inc. Wylie, Texas 75098 PO Box 990 55440 e 1:�11`, .,� `�:r i 0: © AdditionPreenway A Lot ' :; 1 11� 11 Westgatei 098 Addition Lot 5B I R-81 10-00A-005B-I HKS Cleaners. LLC A 911 Westgate Way Wylie, Texas 75098 AdditionGTeenway Greenway 1 1t i 11 ii i "` Dallas. Texas 7520 ® r 1 16i i i 1 4 1 `O Box 219335 Kansas• 64121 Wylie City Council AGENDA REPORT (Rev 01/2014) Page 1 of 1 Meeting Date: February 13, 2018 Item Number: Work Session Department: Fire (City Secretary’s Use Only) Prepared By: Fire Account Code: N/A Date Prepared: January 24, 2018 Budgeted Amount: N/A Exhibits: N/A Subject Subject Hold a work session to discuss the remodel of Fire Station 2 and the purchase of 109’ aerial ladder. Recommendation N/A Discussion Wylie continues to prosper with commercial and residential growth. In recent years, the growth has included several four story buildings with the most recent being Holiday Inn. The original idea was to purchase a longer aerial apparatus and remodel Fire Station 2 in conjunction with the construction of Fire Station 4. Due to the continued growth, WFR is seeking direction from council on accelerating the purchase of a longer aerial apparatus and a remodel of Fire Station 2. The new aerial would be 109 foot, which would provide us the ability to reach the new and existing four story buildings as well as assist in maintaining our Class 1 ISO rating. The cost is approximately $300,000 more than the replacement quint currently requested for a total of $1,300,000. In addition to the purchase of the apparatus, a remodel for Fire Station 2 is needed for the following three reasons. The first is to add on a longer apparatus bay to accommodate the new apparatus. The second is to address the dorm arrangement to accommodate mixed gender. Finally, to enclose a fitness area to help in cancer reduction. The funds for the remodel would come from the Fire Development Fund. Wylie City Council AGENDA REPORT (Rev 01/2014) Page 1 of 1 Meeting Date: February 13, 2018 Item Number: Department: City Manager (City Secretary’s Use Only) Prepared By: Chris Holsted Account Code: N/A Date Prepared: February 7, 2018 Budgeted Amount: N/A Exhibits: Presentation, projected cost, bond sale schedule Subject Hold a work session to discuss the remodel and expansion of the Public Safety Building. Recommendation N/A Discussion Attached are the updated master plan, adjacency diagram, and conceptual front elevations for the Public Safety Building as prepared by Architects Design Group. Also included is an updated project cost and projected bond sale schedule. EXISTING NEW NEW NEW PUBLIC PARKING EXISTING SECURED PARKING SECURED ACCESS SECURED ACCESS SHARED ACCESS SHARED ACCESS SECURED ACCESSHIGHWAY 78CENTENNIAL DR PUBLIC ENTRY PUBLIC ENTRY ARCHITECTS DESIGN GROUP IN ASSOCIATION WITH “COMPANY” WYLIE PUBLIC SAFETY AND COURTS - TX MASTER PLAN 200’100’50’0 7.136 ACRES 39 SITE AREA PARKING COUNT PUBLIC DEVELOPMENT DATA POLICE JAIL COURTS COMM EOC RECORDS SALLYPORT PUBLIC ENTRY PUBLIC ENTRY ARCHITECTS DESIGN GROUP IN ASSOCIATION WITH “COMPANY” WYLIE PUBLIC SAFETY AND COURTS - TX ADJACENCY DIAGRAM 80’40’20’0 ARCHITECTS DESIGN GROUP IN ASSOCIATION WITH “COMPANY” WYLIE PUBLIC SAFETY AND COURTS - TX RENDERINGS OPTION B OPTION A DRAFT Item Total SF $/sf Bldg demo and repair 1,567,450$ 33,350 47$ Public Areas Existing/Efficiency 80,000$ 800 100$ Public Areas Existing 252,000$ 900 280$ Police ‐ Renovation 3,720,000$ 24,000 155$ Police Addition ‐$ ‐ 280$ Police Holding 620,000$ 4,000 155$ Police Holding Addition 196,000$ 700 280$ Sally Port 480,000$ 2,400 200$ Courts 1,680,000$ 6,000 280$ Communications 924,000$ 3,300 280$ Communications Support (hardened)300,000$ 800 375$ EOC (renovated space)178,250$ 1,150 155$ Building support 112,000$ 400 280$ Building support (existing)75,000$ 1,000 75$ TOTAL BUILDING 10,184,700$ 45,450 224$ Cost to relocate Dispatch/911 50,000$ CMAR 509,235$ 5% Contingency 1,018,470$ 10% Cost escalation 305,541$ 3%‐1Q19 Const FFE 1,900,050$ $53/sq ft TOTAL OTHER 3,783,296$ TOTAL COST 13,967,996$ EOC (renovated space)395,250$ 2,550 155$ Covered Parking Spaces 375,000$ 50 7,500$ Additional Secure Parking Walls 175,000$ 700 250$ Public Parking and Subgrade (50)112,500$ 450 5$ TOTAL ALTERNATES 1,057,750$ Use of fund balance (2,795,553)$ FY18 budget Potential use of additional fund balance (1,000,000)$ Millennium Tile insurance funds (535,500)$ Insurance rec. dep and code upgrades (730,308)$ 2008 CO balance (Municipal Complex) (460,000)$ TOTAL AVAILABLE FUNDING (5,521,361)$ Projected bond issue 8,446,635$ Projected yearly debt payment 608,158$ $72,000/$1m PROJECTED CONSTRUCTION COST OTHER PROJECT COST ALTERNATES FUNDING SOURCES Phase 1 ‐ Remodel/Additions to Existing Building 2/7/2018 11:17 AM City of Wylie, Texas Certificates of Obligation, Series 2018 Projected Schedule of Events Feb-18 Mar-18 Apr-18 May-18 SMTWTFS SMTWTFS SMTWTFS SMTWTFS 123 123 1234567 12345 45678910 45678910 8910 11121314 6789101112 11 12 13 14 15 16 17 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 25 26 27 28 29 30 31 29 30 27 28 29 30 31 By Day Event 12-Feb-18 Monday Initial Draft of Preliminary Official Statement distributed to City and to Bond counsel for review 23-Feb-18 Friday Receive comments/information from City & Bond Counsel 27-Feb-18 Tuesday Provide updated draft of Preliminary Official Statement to City and Bond Counsel for comments and modifications and to credit rating agencies 27-Feb-18 Tuesday City Council approves Notice of Intent Resolution for Publication of Certificates of Obligation 7-Mar-18 Wednesday First Publication of Notice of Intent to Issue Certificates (must be at least 31 days before sale date) 5-Mar-18 Week of Rating call with Moody's & S&P 14-Mar-18 Wednesday Second Publication of Notice of Intent to Issue Certificates (same day of the week following 1st publication; one week later) 23-Mar-18 Friday Receive credit ratings 29-Mar-18 Thursday Finalize Preliminary Official Statement and distribute Electornically through i-Deal Prospectus to Potential Purchasers 10-Apr-18 Tuesday Bond Sale: City Council adopts Ordinance and approves Certificate Sale 8-May-18 Tuesday Closing and delivery of Funds to the City Prepared by Hilltop Securities (Formerly FirstSouthwest) Audited General Fund Fund Balance 9/30/17 (2017 CAFR p. 18) Unassigned 16,281,977$ Assigned for Public Safety Building Renovation 2,795,553 19,077,530$ Add: Increase Due to Carry-Forward Funds 55,000 Budgeted Revenues '18 39,685,065 * Budgeted Expenditures '18 (39,740,065) * Use of Fund Balance - Replacement Fleet & Equipment (573,600) Use of Fund Balance - Transfer to PSB Renov/exp Fund (2,795,553) Estimated Ending Fund Balance 9/30/18 15,708,377$ Less: 30% Ending Fund Balance (11,922,020) Excess General Fund Fund Balance 3,786,357$ * Subject to amendment at midyear CITY OF WYLIE FUND BALANCE INFORMATION 2/7/2018