Loading...
HomeMy WebLinkAbout2012.02.21 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2830 FEBRUARY21,2012 CALLTOORDER:5:00P.M. 3:00-4:00P.M.DISCUSS:CityManagerBobLivingstonwillprovideinformationtotheCity Councilonresponsiveactionstocommunitysurveyresultsandupdatesonthestatus ofpreviouslyidentifiedStrategicGoals.CouncilConferenceRoom,2ndFloor,City Hall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,2ndFloor, CityHall. TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginning theirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:CityCouncilmemberRobertClark B.PLEDGEOFALLEGIANCE:CityCouncilmemberRobertClark/BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.CONSENTAGENDA A.REPORT:onUniversityParkPoliceDepartmentAnnualTrafficStopAnalysis - Adams Pg 3 B.CONSIDERANDACT:onSniderPlazaseasonalbannerprogram - Bradley Pg 34 C.CONSIDERANDACT:ontheHGACpurchaseofa2012ChevroletEquinoxfor Policeparkingenforcement - Green Pg 36 D.CONSIDERANDACT:onChangeOrderNo.1totheCity'scontractwithKen-Do Contracting -Smallwood Pg 41 E.CONSIDERANDACT:ontwoordinancesdesignatingNOPARKINGANYTIMEat severallocationintheCityandamendingresidentialparkingdistricts - Smallwood Pg 42 F.CONSIDERANDACT:onapprovalofminutesoftheFebruary7,2012CityCouncil Meeting - Spector Pg 57 III.MAINAGENDA A.CONSIDERANDACT:onanordinanceorderingtheMay12,2012General MunicipalElectionandgivingauthoritytoenterintoanelectionservicescontractwith theDallasCountyElectionsAdministrator(DCEA) - Spector Pg 61 B.CONSIDERANDACT:onordinancedecreasingtheOver-65andDisabled HomesteadExemptionfrom$280,000to$275,000 - Austin Pg 84 Page 1 of 93 C.CONSIDERANDACT:onaresolutionsuspendingtheeffectivedateofAtmos Energyrateincreaserequest - Austin Pg 89 IV.PUBLICCOMMENTS AnyonewishingtoaddressanitemnotontheAgendashoulddosoatthistime.Pleasebe advisedthatundertheTexasOpenMeetingsAct,theCouncilcannotdiscussoractatthis meetingonamatterthatisnotlistedontheAgenda.However,inresponsetoaninquiry,a Councilmembermayrespondwithastatementofspecificfactualinformationora recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress itemsthatarecurrentlyscheduledforafutureagendaorpublichearing.Instead,theCouncil requeststhatcitizensattendthatspecificmeetingtoexpresstheiropinions,orcommentto theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayorand Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate commentsfortheCityCouncilorStaffshouldbedirectedtothatindividualimmediately followingthemeeting. AsauthorizedbySection551.071(2)oftheTexasGovernmentCode,thismeetingmaybeconvened intoClosedExecutiveSessionforthepurposeofseekingconfidentiallegaladvicefromtheCity AttorneyonanyAgendaitemslistedherein. Page 2 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:REPORT:onUniversityParkPoliceDepartmentAnnual TrafficStopAnalysis BACKGROUND: TheTexasCodeofCriminalProcedure,Article2.134 CompilationandAnalysisofInformation Collected,requiresthepolicechieftoreporttothegovern ingbodyoftheCitythefindingsofthe compilationandanalysisoftrafficstopsandrelat edsearches.Thisanalysisisconductedtodetermi ne ifracialprofilingisbeingpracticedbytheagenc yintrafficstopsandsubsequentsearchesduring thosestops. ThisyeartheUniversityParkPoliceDepartmentaga insubmittedallrequireddataontrafficstopsand searchestotheUniversityofNorthTexasforanaly sis.Thisanalysiswasconductedbythe ProfessionalDevelopmentInstitute(PDI)attheUni versityofNorthTexas.Copiesofthefinalreport havebeenprovidedtoallelectedcityofficials,t hecitymanager,thecityattorneyandothersas requested. PDI'sfindingscanbefoundonpage7ofthereport .ThereportshowsthattheUniversityParkPolice Departmentisinfullcompliancewiththelawasit relatestoracialprofiling;thataformalpolicy prohibitingracialprofilingisinplace;thatoffi cersreceivemandatedtrainingandthattheagency has establishedprogramstoeducatethepubicaboutrac ialprofilingandhowtofileacomplaint;thata formalizedcomplaintprocessisinplaceandthatt hecollectionofdataiscarriedoutincompliance withthelaw. Thereportwillalsoshowthatduring2011thedepa rtmentdidnotreceiveanyracialprofiling complaints. Asrecommendedbythereport,theUniversityParkP oliceDepartmentwillcontinueitseducational andtrainingeffortswithinthedepartmentonracia lprofiling,andwillcontinuetoconductperiodic evaluationsofindividualsofficerstoassesswheth erornotanofficerisengaginginracialprofilin g. RECOMMENDATION: Itisrecommendedthateachmemberreviewthefinal report.Shouldtherebeanyquestionsor concernsitisrequestedthattheChiefofPoliceb einformedforresponse. ATTACHMENTS: 2011CoverLetter-RacialProfilingReport 2011RacialProfilingReport Page 3 of 93 Page 4 of 93 BI Unive P IAS-B ersity of UN POLIC BASE North Tex NIVER CE D 2 D PR PREP Eric J. F Chad R. xas RSITY DEPAR 2011 ROFIL PARED BY Fritsch, P Trulson, Y PAR RTME LING A Y: Ph.D. Ph.D. RK ENT ANALLYSIS S Page 5 of 93 Executive Summary Article 2.132 (7) of the Texas Code of Criminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested for traffic violations and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body on how to review such data, the University Park Police Department requested this analysis and review to assist the City Council in reviewing the data. The analysis of material and data from the University Park Police Department revealed the following: A COMPREHENSIVE REVIEW OF THE UNIVERSITY PARK POLICE DEPARTMENT REGULATIONS, SPECIFICALLY BIASED BASED PROFILING 01-001 OUTLINING THE DEPARTMENT’S POLICY CONCERNING RACIAL PROFILING, SHOWS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. THE ANALYSIS OF STATISTICAL INFORMATION FROM UNIVERSITY PARK POLICE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE INDICATIONS OF SYSTEMIC RACIAL PROFILING BY THE DEPARTMENT. THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE PROHIBITION OF RACIAL PROFILING. THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCLEOSE. Page 6 of 93 Introduction This report details an analysis of the University Park Police Department’s policies, training, and statistical information on racial profiling for the year 2011. This report has been prepared to specifically comply with Article 2.132 of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of racial profiling data. Specifically, the analysis will address Articles 2.131 – 2.135 of the CCP and make a determination of the level of compliance with those articles by the University Park Police Department in 2011. The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A. This report is divided into six analytical sections: University Park Police Department’s policy on racial profiling; University Park Police Department’s training and education on racial profiling; University Park Police Department’s complaint process and public education on racial profiling; analysis of statistical data on racial profiling; analysis of University Park Police Department’s compliance with applicable laws on racial profiling; and a final section which includes completed data and information reporting forms required to be sent to TCLEOSE beginning in 2011. For the purposes of this report and analysis, the following definition of racial profiling is used: 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 (Texas CCP Article 3.05). University Park Police Department Policy on Racial Profiling A review of University Park Police Department regulation Biased Based Profiling 01-001 revealed that the department has adopted policies to be in compliance with Article 2.132 of the Texas CCP (see Appendix B). There are seven specific requirements mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly covered in regulation Biased Based Profiling 01-001. University Park Police Department regulations provide clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations also provide a very clear statement of the agency’s philosophy regarding equal treatment of all persons regardless of race or ethnicity. Appendix C lists the applicable statute and corresponding University Park Police Department regulation. In addition, the University Park Police Department is accredited by the Commission on Accreditation for Law Enforcement Agencies and is in compliance with standards prohibiting bias based profiling which exceed the requirements of the State of Texas. A COMPREHENSIVE REVIEW OF UNIVERSITY PARK POLICE DEPARTMENT REGULATION BIASED BASED PROFILING 01-001 SHOWS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Page 7 of 93 University Park Police Department Training and Education on Racial Profiling Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and training certificates issued on racial profiling for all Texas Peace officers. Documentation provided by University Park Police Department reveals that racial profiling training and certification did occur in 2011 and was provided to all officers requiring such training. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. University Park Police Department Complaint Process and Public Education on Racial Profiling Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. University Park Police Department regulation Biased Based Profiling 01-001 Section III Parts B and C covers this requirement. Specifically, the department has information regarding racial profiling on its website and posted inside the police department in the lobby and at the records desk. In addition, the department has information regarding racial profiling published annually in the local newspaper. Moreover, the online Park Cities iReporter website (http://parkcities.bubblelife.com/community/parkcities_reporter) has information on how to file a complaint with University Park Police Department in their article “Racially Profiled in UP? Submit a Complaint to the Police Department.” A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. University Park Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic stops in which a citation is issued and arrests with specific information on the race of the person cited. In addition, information concerning searches of persons and whether or not the search was based on consent is also required to be collected. University Park Police Department submitted statistical information on all citations in 2011 and accompanying information on the race of the person cited. Accompanying this data was the relevant information on searches. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. Page 8 of 93 Analysis of the Data The first chart depicts the percentages of people cited by race among the total 2,458 citations given in 2011.1 White drivers constituted 82.67 percent of all drivers cited, whereas Whites constituted 91.00 percent of the city population, 33.10 percent of the county population, and 50.90 percent of the region population.2 African-American drivers constituted 6.55 percent of all drivers cited, whereas African-Americans constituted 1.00 percent of the city population, 22.30 percent of the county population, and 14.50 percent of the region population. Hispanic drivers constituted 6.39 percent of all drivers cited, whereas Hispanics constituted 4.00 percent of the city population, 38.30 percent of the county population, and 27.30 percent of the region population. The chart shows that White drivers are cited at rates lower than the percentage of Whites found in the city population, but higher than their percentage in the county and regional population. African-Americans are cited at rates higher than the percentage of African-Americans in the city 1 There were 4 citations given where the race/ethnicity of the individual was Native American, 19 “other”, and 11 citations of motorists classified as Middle Eastern. The total number of vehicle stops (2,458) is indicative of motorists who received a citation, were arrested, or both. 2 City and County population figures were derived from the U.S. Census Bureau utilizing the 2010 Census. Regional population figures are derived from 2010 Census data compiled and published by the North Central Texas Council of Governments. “Regional” population figures are defined as the 16 county Dallas-Ft. Worth Area including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise. White Asian HispanicAfrican-American % City Population 91.00%2.70%4.00%1.00% % County Population 33.10%5.00%38.30%22.30% % Region Population 50.90%5.20%27.30%14.50% % of Total Stops 82.67%3.01%6.39%6.55% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Page 9 of 93 population, but lower than their percentage in the county and regional population. The same finding holds for Hispanic drivers. Easy determinations regarding whether or not University Park officers have “racially profiled" a given motorist are impossible given the nature of the data that has been collected and presented for this report. The law dictates that police agencies compile aggregate-level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are “racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate incident level data. In short, one cannot "prove" that an individual officer has “racially profiled" any individual motorist based on the rate at which a department stops any given group of motorists. This kind of determination necessarily requires an examination of data at the individual officer level for a more detailed analysis of individual officer decision-making. Unfortunately, the law does not currently require the collection of this type of data, resulting in a considerable amount of conjecture as to the substantive meaning of aggregate level disparities. That is, who or what is driving the disproportionate rates at which minorities seem to be stopped and searched? We cannot know or even begin to examine this issue with analyses that end with aggregate level comparisons of rates. Additional interpretation problems remain in regards to the specific measurement of racial "profiling" as defined by Texas state code. For example, officers are currently forced to make subjective determinations regarding an individual's race based on his or her personal observations because the Texas Department of Public Safety does not provide an objectively- based determination of an individual's race/ethnicity on the Texas driver's license. The absence of any verifiable race/ethnicity data on the driver's license is especially troubling given the racial diversity within the North Texas region as a whole, and the large numbers of citizens who are of Hispanic and/or mixed racial decent. The validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. In addition, the data collected for the current report does not allow for an analysis that separates (or disaggregates) the discretionary decisions of officers to stop a motorist from those that are largely non-discretionary. For example, non-discretionary stops of motorists based on the discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling" has occurred simply because the officer who has stopped a motorist as a result of the discovery of an outstanding warrant does not independently make the decision to stop, but rather, is required to stop that individual regardless of any determination of race. An officer cannot be determined to be “racially profiling" when organizational rules and state codes compel them to stop regardless of an individual's race/ethnicity. Straightforward aggregate comparisons of stop rates ignore these realities, and fail to distinguish between discretionary and non-discretionary law enforcement actions. In the future, this validity issue could be lessened by the collection of data indicating the initial reason for the traffic stop, whether it be an observed traffic violation, other criminal activity, the existence of an outstanding warrant, or some other reason. Page 10 of 93 Finally, there has been considerable debate as to what the most appropriate population "base- rate" is in determining whether or not racial/ethnic disparities exist. Questions concerning the most appropriate base-rate are most problematic in the case of traffic stops, because there are problems associated with using any number of different population measures to determine whether or not aggregate level racial disparities exist. As the current analysis shows in regards to the use of city, county, and regional base-rates, the outcome of analyses designed to determine whether or not disparities exist is obviously dependent on which base-rate is used. Changes in the demographic character of North Texas have made the base-rate issue especially problematic because measures derived from the U.S. Census can become quickly outdated. Although the more recent 2010 Census population figures are utilized in this report, these base rates will too become quickly outdated due to the rapid changes experienced in North Texas. Related, the determination of valid stop base-rates becomes multiplied if analyses fail to distinguish between residents and non-residents who are stopped, because the existence of significant proportions of non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made exclusively to resident population figures. In short, the methodological problems outlined above point to the limited utility of using aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in order to determine whether or not racial profiling exists within a given jurisdiction. The table below reports the summaries for the total number of persons cited and searched subsequent to being stopped by the University Park Police Department for traffic offenses. In addition, the table shows the number of stopped individuals who granted consent to search and those stopped drivers who were arrested pursuant to the stop. Specific to citations, the table shows that roughly 83 percent of all citations were given to White drivers (2,032/2,458), roughly 7 percent (161) of all citations were given to African-American drivers, and roughly 6 percent (157) of all citations were given to Hispanic drivers. Of the 2,458 persons cited by the University Park Police Department in 2011, only 4 motorists were searched3, and of those, only one involved a consent search. Moreover, roughly 1 percent of all motorists cited were arrested (30/2,458). Action White African- American Hispanic Asian Other Total Vehicle Stops 2,032 161 157 74 34 2,458 Searches 3 0 0 0 0 3 Consent Searches 1 0 0 0 0 1 Arrests 19 5 4 0 2 30 Note: Vehicle Stops includes those where citation issued, arrested occurred, or both. 3 This figure includes both consent and non-consent searches. Page 11 of 93 Analysis of Racial Profiling Compliance by University Park Police Department The foregoing analysis shows that the University Park Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection of data in compliance with the law. Finally, internal records indicate that during 2011 the department did not receive any bias-based/racial profiling complaints. In addition to providing summary reports and analysis of the data collected by the University Park Police Department in 2011, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the University Park Police Department as well as police agencies across Texas. The University Park Police Department should continue its educational and training efforts within the department on racial profiling. Finally, the department should conduct periodic evaluations of individual officers to assess whether or not an officer is engaging in racial profiling. The final section of this report includes newly required TCLEOSE reporting information by Texas law enforcement organizations. Page 12 of 93 University Park Police Department TCLEOSE Reporting Forms Page 13 of 93 Page 14 of 93 Page 15 of 93 Page 16 of 93 Page 17 of 93 Appendix A Racial Profiling Statutes and Laws Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; Page 18 of 93 (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (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. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. If a law enforcement agency installs video or audio equipment as provided by this Page 19 of 93 subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 25, eff. September 1, 2009. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; Page 20 of 93 (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, 2009. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education Page 21 of 93 and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from 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 stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the 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. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Page 22 of 93 Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. September 1, 2009. Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitter- activated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle 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 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. Page 23 of 93 (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 28, eff. September 1, 2009. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. Page 24 of 93 (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 29, eff. September 1, 2009. Page 25 of 93 Appendix B Page 26 of 93 Page 27 of 93 Page 28 of 93 Page 29 of 93 Page 30 of 93 Page 31 of 93 Page 32 of 93 Appendix C Racial Profiling Laws and Corresponding General Orders and Standard Operating Procedures Texas CCP Article UNIVERSITY PARK POLICE DEPARTMENT Bias Based Profiling Policy 01-001 2.132(b)1 Section II Part A 2.132(b)2 Section I 2.132(b)3 Section III Part B 2.132(b)4 Section III Part C 2.132(b)5 Section III Part B 2.132(b)6 Section III Part D 2.132(b)7 Section III Part F Page 33 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,ParksDirector SUBJECT:CONSIDERANDACT:onSniderPlazaseasonalbannerp rogram BACKGROUND: In2005,theCityCouncilapprovedthedesignofth eSniderPlazalightpolebanners. Thesebannersweredevelopedtocreateadditionalc olorandseasonalappealforthe plaza.Unfortunately,timeandweatherhaveleftt hesebannersinastateofdisrepairand fadingimages. Staffhasbeenworkingwithacommitteetodevelop newdesignsforthelightpole bannersatSniderPlaza.Oncethedesignsareappr ovedbytheCityCouncil,thebanner programbidspecificationswillbefinalized.Fund ingfortheprogramwillbesupported bytheCityandtheSniderPlazaMerchantsAssociat ion. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheSnide rPlazaseasonalbannerdesigns. FUNDINGSOURCE: GeneralFund/SniderPlazaMerchantsAssociation ATTACHMENTS: SPBannerDesigns Page 34 of 93 Page 35 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:ChristineGreen,PurchasingAgent SUBJECT:CONSIDERANDACT:ontheHGACpurchaseofa2012ChevroletEquinoxfo r Policeparkingenforcement BACKGROUND: AttachedisamemofromJimGau,Jr.,FleetManager ,aboutthepurchaseofa2012Chevrolet EquinoxforthePoliceparkingenforcementofficer.Thispurchaseisareplacementofthe2006GO-4 three-wheeledvehicleforwhichrepairpartsareno longeravailable. TheEquinoxisavailableonanHGACcontractthroug hCaldwellCountryChevroletforatotalcostof $21,650.PurchasesmadethroughHGACsatisfyallco mpetitivebiddingrequirements. RECOMMENDATION: Staffrecommendspurchaseofthe2012ChevroletEqu inoxfromCaldwellCountryChevroletviathe HGACpurchasingcooperativeintheamountof$21,65 0. ATTACHMENTS: MemofromJimGau,FleetManager,VPRForm,Contrac tPricingWorksheet Page 36 of 93 Page 37 of 93 Page 38 of 93 Page 39 of 93 Page 40 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onChangeOrderNo.1totheCity 'scontractwithKen-Do Contracting BACKGROUND: AttheFebruary6,2008meeting,theCityCouncila pprovedacontractwithKen-DoContractingin theamountof$3,335,672.45forreplacementofcurb andgutter(C&G)alongstreetsthroughoutthe community.Thatcontractisnearingcompletion.T hecontractorhascompletedabout75blocksof newC&G,includingdriveapproaches,handicapramps ,newstormdraininlets,andsomedefective sidewalk.TheCity'sapprovedCapitalImprovements Projects5-yearplanincludes$650,000 budgetedforC&GreplacementinFY2012.Staffaske dKen-Doiftheywereamenable,withCity Councilapproval,toextendtheunitpricingandin creasetheircontractintheamountof$650,000. Thecontractorhasdoneanexcellentjobinanexpe ditiousmanner.Hisstaffhavehadgreatrapport withabuttingpropertyowners,evidencedbythefac tthatwe'vereceivedvirtuallynocomplaints duringhis4-yeartenure. Statelawallowsforpubliccontractstobeextende dtoamaximumoftwenty-five(25%)percentof theoriginalcontract.TheproposedChangeOrderN o.1of$650,000representsanincreaseof 16.3%.Theadditionalworkrepresentsapproximatel y15blocksofC&Greplacement. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofChangeOr derNo.1totheCity'scontractwithKen-Do Contractingforreplacementofcurbandgutter. FUNDINGSOURCE: CAPITALIMPROVEMENTSFUND AcctNo.44.44.4410 ProjectNo.42996.2300 Page 41 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:ontwoordinancesdesignatingNOPARKINGANYTIMEat severallocationintheCityandamendingresidenti alparkingdistricts. BACKGROUND: FollowingdiscussionswiththePoliceChief,staff isrequestingCityCouncilactiontodesignateNO PARKINGANYTIMEatthefollowinglocationstoaddre sstrafficandparkingconcerns: *SouthcurblineofNormandy,westfromHillcres tadistanceof215feet.Thisareawasinitially designatedpartofthe"HillcrestWest"residential parkingdistrict(RPD),however,severecongestion resultedwithaconflictbetweenparkedvehiclesan dingress/egressforMMSandMIStraffic. *Giventheresultsoftheattachedneighborhood petition,thePoliceDepartmentrecommendsthe additionofthe3500blockofMcFarlin(northcurb)tothe"HillcrestWest"residentialparkingdistri ct. *East/westcurblinesofDublinandAirline,sou thfromSMUBlvdtoMockingbird.SMUasked thattheCityimposeparkingrestrictionsalongthe corridoradjacenttofootball,basketball,andten nis venuesaswellastheGeorgeWBushPresidentialce nter. *ThealleyboundedbyRosedale,Airline,Milton,andDurham.Parkingalongalleyrights-of-way isnottypicallyaproblem,becauseoflackofspac e.Wehaveencountereda"widespot"inthealley betweenRosedaleandMilton,whereoneortwosmall vehicleshavestartedtopark.Theparked vehiclesarenotblockingthealley,however,Sanit ationDivisionstaffcannotaccessthe3-yard containerfordisposalofrefuse.TheCodeofOrdi nancescurrentlystatesthat "apersoncommitsan offenseifheparks,orleavesunattended,avehicl ewithinanalleyinsuchamannerorundersuch conditionsastohaveavailablelessthanten(10')feetofthewidthofthealleyforthefreemoveme nt ofvehiculartraffic".Theproposedordinancewillsimplyprohibitpark ingwithinalleyrights-of-way. TheCityAttorneydevelopedtwoordinancestoaddre sstheaforementionedissues.Oneordinance removesthesectionofNormandyfromtheRPD,adds the3500block(northcurbline)totheRPD, andrevisestheCodeofOrdinanceonprohibitionof parkinginalleys.TheotherdesignatesNO PARKINGANYTIMEalongNormandyandalongDublin-Air line. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheordin ancesrevisingtheresidentialparkingdistrict, amendingthesectionoftheCodeofOrdinancesrega rdingparkinginalleys,anddesignatingNO PARKINGANYTIMEattheabove-referencedlocations. ATTACHMENTS: ORD-NPDublin-AirlineandNormandy MAP-NPNORMANDY-AIRLINE.DUBLIN MAP-Normandy-McFarlin Page 42 of 93 PETITION-McFARLIN MAP-Alley ORD-RPDNORMANDY-McFARLIN Page 43 of 93 53985 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3500 BLOCK OF MC FARLIN BOULEVARD; AMENDING SECTION 12.05.042 (a) (20) TO REMOVE THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY FROM HILLCREST WEST A DISTANCE OF 215 FEET; AMENDING SECTION 12.05.003 (c) TO PROHIBIT PARKING IN ALLEYS OR ALLEY RIGHTS-OF-WAY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 12, Article 12.05 “Parking”, Section 12.05.042 (a), of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to designate an additional resident-parking-only zone and to delete a portion of an existing zone, as follows: "Sec. 12.05.042 Zones Designated; issuance of permits (a) The following are designated as resident-parking-only zones, to wit: … (18) The 2800-3000 blocks, 3400 block, and the north side of the 3500 block of McFarlin Blvd.; … (20) The 3400 block of Normandy, except the south side west from Hillcrest a distance of 215 feet. …” SECTION 2. That Chapter 12, Article 12.05 “Parking”, Section 12.05.003 (c), of Page 44 of 93 53985 the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: “Sec. 12.05.003 Prohibited Parking … (c) Parking in Alleys or Alley Rights-of-way. A person commits an offense if he parks, or leaves unattended, a vehicle within an alley or alley right-of-way at any time. …” SECTION 3. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 6. That this ordinance shall take effect immediately from and after the publication of the caption, as the law and Charter in such cases provide, subject to the erection of appropriate signs giving notice of the resident-parking-only zone provided for herein. Page 45 of 93 53985 DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February 2012. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/2-13-12/53985) Page 46 of 93 53985 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3500 BLOCK OF MC FARLIN BOULEVARD; AMENDING SECTION 12.05.042 (a) (20) TO REMOVE THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY FROM HILLCREST WEST A DISTANCE OF 215 FEET; AMENDING SECTION 12.05.003 (c) TO PROHIBIT PARKING IN ALLEYS OR ALLEY RIGHTS-OF-WAY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE AND FOR THE ERECTION OF SIGNS. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February 2012. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY Page 47 of 93 Page 48 of 93 Page 49 of 93 Page 50 of 93 Page 51 of 93 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY FOR A DISTANCE OF 215 FEET WEST OF HILLCREST, AND ON DUBLIN STREET OR AIRLINE ROAD FROM SMU BOULEVARD TO MOCKINGBIRD LANE AT ANY TIME; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle on the south side of the 3400 block of Normandy for a distance of 215 feet west of Hillcrest and on Dublin Street or Airline Road between SMU Boulevard and Mockingbird Lane at any time. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. Page 52 of 93 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February 2012. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ ELIZABETH SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/2-15-12/54027) Page 53 of 93 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY FOR A DISTANCE OF 215 FEET WEST OF HILLCREST, AND ON DUBLIN STREET OR AIRLINE ROAD FROM SMU BOULEVARD TO MOCKINGBIRD LANE AT ANY TIME; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February 2012. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY Page 54 of 93 Page 55 of 93 Page 56 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector SUBJECT:CONSIDERANDACT:onapprovalofminutesoftheFebruary7,2012City Council Meeting BACKGROUND: MeetingminutesareattachedfortheCouncil'srevi ew. ATTACHMENTS: Feb7,2012CityCouncilMtgMin Page 57 of 93 MINUTES AGENDA #2829 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL TUESDAY, FEBRUARY 7, 2012, 5:00 P.M. 4:00 - 4:30 P.M.: THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION UNDER TGC SECTION 551.072 TO DELIBERATE A POSSIBLE REAL ESTATE TRANSACTION FOR PROPERTY LOCATED AT 7305 TURTLE CREEK BLVD. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, FIRST FLOOR, CITY HALL. The Executive Session began at 4:00 and was attended by Mayor Davis, Mayor Pro Tempore Jerry Grable, Councilmembers Begert, Clark and Stewart, and City Attorney Dillard. Staff present included City Manager Bob Livingston, Parks Director Gerry Bradley, Assistant Director of Public Works Jacob Speer and City Secretary Liz Spector. No action was taken. The meeting adjourned at 4:30. 4:30 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. The Council met in an open work session for staff briefings of agenda items. No actions were taken. The Regular City Council Meeting was called into session at 5:00 p.m. in the Council Chamber at City Hall. Present were Councilmember Begert, Councilmember Clark, Mayor Pro Tem Grable, Mayor Davis, and Councilmember Stewart. Also in attendance were City Attorney Dillard, and City Manager Livingston. Mayor Davis asked the Boy Scouts in attendance to assist George Ertle lead the Pledge of Allegiance. After the pledge the scouts introduced themselves. They were William Hunt, Trevor Burke, Eric Martin, and Wilson Jacobson from Troop 730 and James Flegu from Troop 82. All of the scouts were attending the meeting as part of the requirement to obtain their Citizenship in the Community merit badges. City Manager Livingston introduced staff in attendance as: Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Chief of Police Gary Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Assistant to the City Manager George Ertle, Director of Finance Kent Austin, Assistant Director of Public Works Jacob Speer, Director of Community Development Robbie Corder, Director of Parks Gerry Bradley, Purchasing Agent Christine Green, Emergency Dispatcher Wilford Davis, and Fire I. CALL TO ORDER A. INVOCATION: Assistant to the City Manager George Ertle B. PLEDGE OF ALLEGIANCE: Asst. to the City Manager George Ertle / Boy Scouts C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston Page 58 of 93 Chief Randy Howell. Chief Howell introduced several of his staff who were attending the meeting. They were Devin Penny, Phil Tanner, Marty Corn, Jason Salisbury, Dustin Lewis, Cecil Barton, Rusty Massey, Paul Falkenhagen, Brad Zwaska and Jim Stroope. Fire Chief Howell introduced recently retired Battalion Chief Jim Stroope and Driver/Engineer Phil Tanner. Mr. Stroope was hired October 28, 1974 and retired January 13, 2012 with over 37 years of service to the City. Mr. Tanner was hired December 15, 1980 and retired January 11, 2012 with 31 years of service to the City. Mayor Davis presented each of the men with a framed plaque and a check in honor of their retirement. The Highland Park High School Student Council will conduct a 5k run and after party at Goar Park to raise funds for the Tree of Life Children’s Academy in Zambia. The event is approved for Saturday, April 14, 2012, starting at 7:00 a.m. and concluding in Goar Park at approximately noon. During the work session the Council requested staff waive the $500 park reservation fee for this event. This vehicle purchase, a 2012 John Deere 315SJ Backhoe for the Infrastructure Maintenance Division, is an early replacement (by one year) of a 1998 John Deere Backhoe and will be purchased via a BuyBoard contract through RDO Equipment for a total cost of $109,425.11. Councilmember Stewart made a motion to approve the Consent Agenda pursuant to waiver of the $500 park rental fee for the Highland Park High School student council. Councilmember Clark seconded, and the motion carried unanimously. Director of Parks Gerry Bradley addressed the Council. He stated that in 2009 the Capital Projects Review Committee along with the Council approved the expenditure of funds to renovate the Curtis Park bridge which had fallen into disrepair. Mr. Bradley said that the approved budget in 2009 was $50,000. Mr. Bradley said work has begun on that project and the actual costs will exceed the budgeted amount by $4,650. He said the renovations to the II. AWARDS AND RECOGNITION A. RETIREMENT: Recognition of Battalion Chief Jim Stroope with 37 years of service and Driver/Engineer Phil Tanner with 31 years of service III. CONSENT AGENDA A. CONSIDER AND ACT: on a request by Highland Park High School Student Council to conduct a 5K benefit run B. CONSIDER AND ACT: on the BuyBoard Cooperative Purchase of a 2012 John Deere 315SJ Backhoe for the Infrastructure Maintenance Division C. CONSIDER AND ACT: on approval of minutes of the January 17, 2012 City Council Meeting IV. MAIN AGENDA A. CONSIDER AND ACT: on funding request for renovations to the Curtis Park Bridge Page 59 of 93 bridge are needed for safety and aesthetic reasons and asked the Council to approve the additional funds to complete the project. Mr. Bradley said that staff identified savings in other capital projects in the 2011/12 budget which will make up the cost difference and he asked the City Council to utilize those savings to support the bridge renovation. Councilmember Clark asked if the ponding problem on the bridge walking surface will be resolved with this renovation. Mr. Bradley said a portion of the cap was removed to create a center point grade which will allow water to run off the surface to alleviate surface ponding. Mr. Bradley mentioned that to his knowledge, the bridge has not been renovated in its 75 years of existence. Councilmember Clark made a motion to approve the request for additional funds for renovations to the Curtis Park Bridge in the amount of $4,650. Councilmember Begert seconded, and the motion carried unanimously. City Manager Livingston introduced the final item on the agenda. He stated it is a license agreement with George Bush Presidential Foundation to allow their use of specific City rights-of-way for service items such as electrical conduit, irrigation lines, and drainage lines to transport harvested rainwater to the planned cistern. Mr. Livingston said this is a routine item and staff recommends approval. Councilmember Stewart made a motion to approve a license agreement with the George W. Bush Presidential Foundation for placement of certain private facilities within the City’s rights-of-way. Mayor Pro Tem Grable seconded, and the motion carried unanimously. There were no requests to address the Council under Items from the Floor and Mayor Davis adjourned the meeting. Considered and approved this 21st day of February, 2012. ___________________________________ W. Richard Davis, Mayor ATTEST: _______________________________ Elizabeth Spector, City Secretary B. CONSIDER AND ACT: on a license agreement with the George W. Bush Presidential Foundation for placement of private facilities within the City’s rights-of-way V. ITEMS FROM THE FLOOR Page 60 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onanordinanceorderingtheMay12,2012General MunicipalElectionandgivingauthoritytoenterin toanelectionservicescontract withtheDallasCountyElectionsAdministrator(DCE A) BACKGROUND: AGeneralElectionisbeingorderedforSaturday,M ay12,2012toelectaMayorandfour Councilmembersfortwo-yearterms.TheElectionDaypollingplacewillbe atHighlandParkMiddle School,3555Granada,inUniversityParkfrom7:00 a.m.to7:00p.m. ThisordinancealsoauthorizestheMayorandCityS ecretarytoexecuteajointelectionagreement andelectionservicescontractwithDallasCountyE lectionsAdministrator(DCEA).Pursuantto TexasElectionCode,Section271,weareconducting theelectionjointlywiththeHighlandPark IndependentSchoolDistrict,theTownofHighlandP ark,andtheDallasCountyParkCities MunicipalUtilityDistrict.Attherequestofthe DCEA,allParkCitiesentitieswillbeonthecount y- widejointelectioncontractwithotherDallasCoun tycities,townsandschooldistricts. ThiscontractauthorizestheDCEAtocoordinate,su perviseandhandleallaspectsofthejointelectio n includingbutnotlimitedtoequipment(andallman datoryequipmenttesting),supplies,services (includingappointmentofelectionworkers)andadm inistrativecosts.TheCityisresponsiblefor preparation,adoptionandpublicationofallrequir edelectionorders,resolutionsornotices.TheCi ty Secretarywillrequestpre-clearancefromtheDepar tmentofJusticeonceanyprecinctchangesare finalizedbythestate. AsdesignatedinthecontractwithDCEA,thecosts oftheelectionwillbesharedbyallparticipating entitiesbasedonpopulation.Anamountequaltoo ne-halfoftheestimatedcostisrequiredtobe depositedwiththeDallasCountyTreasurernolater thanMarch23,2012.Atthistime,Dallas Countycannotprovideacostestimatebecauseofun certaintyofprecinctinformationduetolitigated redistricting.ThepreviousGeneralElectionofMa y8,2010,wascontractedwithDallasCountyfora totalcostof$7,734.24.Ianticipatethecostfor theupcomingelectiontobecomparable.Anemail fromToniPippins-Pools,theDCEA,discussingthese issuesisattachedforyourreview.Asagreed inanAugust2011jointmeetingwiththeDCEA,all participatingentitieswillberesponsiblefor additionalequipmentrentalcostsduetoSB100whet hertheyareabletocanceltheirelectionsor not.Assoonasupdatedcostinformationbecomesa vailable,IwillinformtheCouncil. RECOMMENDATION: Staffrecommendsadoptingthisordinanceandgiving theMayorandCitySecretaryauthorityto acceptthetermsofthecontractgenerallyinthef ormattachedandapproveanyminorchangesthat mayoccurwiththeDallasCountyElectionsAdminist ratorforassistanceinconductingthejoint election. Page 61 of 93 FUNDINGSOURCE: 01-02-7432ExecutiveDepartment ATTACHMENTS: Ordinanceordering2012Election DraftDCEAContract2012.02.06 Pippins-Pooleemail2012.02.17 Page 62 of 93 ORDINANCE NO. 12/ ______ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING A GENERAL MUNICIPAL ELECTION ON SATURDAY, MAY 12, 2012, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR (4) CITY COUNCIL MEMBERS; CREATING A SINGLE ELECTION PRECINCT; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE AN ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the provisions of the City’s Charter, it is necessary that the City Council of the City of University Park, Texas call a General Municipal Election for the purpose of electing a Mayor and four (4) City Council Members; WHEREAS, Section 41.001(a) of the Texas Election Code, as amended, provides for a general election of City Officials to be held on uniform election dates; the second Saturday in May or the first Tuesday after the first Monday in November; WHEREAS, Section 11.0581(a) of the Texas Education Code requires independent school districts (ISDs) to conduct their general election for trustees on the same date as the election for the members of the governing body of a municipality located in the school district; the general election for state and county officers, or the election for the members of the governing body of a hospital district; and, WHEREAS, Section 271 of the Texas Election Code authorizes the elections ordered by the authorities of two or more political subdivisions that are to be held on the same day in all or part of the same county to be held jointly in the election precincts that can be served by common polling places. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That a General Municipal Election be and the same is hereby ordered to be held on the second Saturday in May 2012, the same being May 12, 2012, for the purpose of electing, at large, a Mayor and four (4) Council Members for the City of University Park, Texas, for a two-year term as heretofore established by the City Charter. SECTION 2. That said election shall be held in accordance with the Election Code of the State of Texas, the statutes of the State of Texas, and the Charter and ordinances of the City of University Park, Texas, and shall be in conformity with the procedures set forth herein. SECTION 3. That the election shall be held jointly with the Highland Park Independent School District, the Town of Highland Park, and the Dallas County Park Cities Municipal Utility District, and other Dallas County governmental entities on May 12, 2012, pursuant to Section 11 of the Texas Education Code and Section 271 of the Texas Election Code. The costs of said election shall be shared by the governmental entities as set forth in the Election Services Contract attached hereto as Exhibit A and made part hereof for all purposes. The Contract is hereby approved subject to non-substantive changes approved by the Mayor and/or City Secretary. Page 63 of 93 SECTION 4. That a single election precinct is hereby created, which shall consist of the territory located within the corporate limits of the City of University Park, Texas, including all or part of Dallas County precincts 1206, 1207, 1208, 1215, 1216, 1217, and 1218. Redistricting is under legal review at the state level, therefore, the precinct numbers may change. The proposed change will be a numerical change from the current numbering structure, to 2220, 2221, 2222, 2223, 2224, 2225 and 2226 and will have no impact on the voters of the City. The official polling place for voting on Election Day shall be the Highland Park Middle School, 3555 Granada Avenue, University Park, Texas. All resident, qualified voters of the City of University Park, Texas shall be permitted to vote in said election. In addition, the election materials as outlined in Section 272.005, Texas Election Code, shall be printed in both English and Spanish for use at the polling places during Early Voting and on Election Day. SECTION 5. That the polling place for said election shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 6. That Toni Pippins-Poole, Dallas County Elections Administrator, is appointed the Early Voting Clerk for all of the participating political subdivisions in compliance with Sections 271.006 of the Texas Elections Code. SECTION 7. That in compliance with Section 85.004 of the Texas Election Code, early voting by personal appearance shall be conducted at various Dallas County polling locations, including a branch location at University Park City Hall. Said branch polling place shall be open from 8:00 a.m. to 4:30 p.m. beginning Monday, April 30, 2012, and continuing through Friday, May 4, 2012; and from 7:00 a.m. to 7:00 p.m. beginning on Monday, May 7, and ending Tuesday, May 8, 2012. SECTION 8. The Mayor and City Secretary are authorized to sign the Election Services Contract on behalf of the City. The City Secretary is authorized to prepare a Notice of Election as prescribed by the Texas Election Code, to be posted not later than April 20, 2012, and published in accordance with the provisions of the Code and the Charter one time no earlier than April 12 and no later than May 2, 2012. SECTION 9. That this ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED AND APPROVED by the City Council of the City of University Park on this the 21st day of February 2012. APPROVED: ____________________________ W. Richard Davis Mayor APPROVED AS TO FORM ATTEST: ____________________________ _____________________________ Robert L. Dillard, III Elizabeth Spector City Attorney City Secretary Page 64 of 93 Page 65 of 93 Page 66 of 93 Page 67 of 93 Page 68 of 93 Page 69 of 93 Page 70 of 93 Page 71 of 93 Page 72 of 93 Page 73 of 93 Page 74 of 93 Page 75 of 93 Page 76 of 93 Page 77 of 93 Page 78 of 93 Page 79 of 93 Page 80 of 93 Page 81 of 93 Page 82 of 93 From: Toni Pippins-Poole [mailto:Toni.Pippins-Poole@dallascounty.org] Sent: Thursday, February 16, 2012 5:07 PM Subject: May 12 Joint Elections-   Dear All,    I have received many questions as to how the new scheduled Primary date of May 29th will affect the Joint elections. So  far it will not affect our administration of your May 12th election.   However, with the delay in the receiving the maps  until March 3rd, there will be  a delay in providing you with your precinct numbers. Several cities and school districts did  provide us with their new redistricting plans and we will continue to work on making those updates.  Those entities that  have not received their DOJ approval for their redistricting plans must contact us with a decision on the correct lines to  use for the May Joint by March 3rd. If we receive the maps as planned, we will provide you with precinct numbers, maps  and polling locations by March 26th. Before this date, you will have to rely on your map to assist any candidate or  voters  with district questions.  Regarding your election cost and the contract, you should be receiving your contract  during the  week of February 20th with all changes requested and the estimated election cost. Current precincts will not  be listed, however your  cost will be base upon last year precincts so that we may stay on track.  You may send your  deposits in by March 23rd. Any adjustment needed to the election cost will be determined when we finalize the  contract. As you recall, we discussed in our August meeting that we would be limited to 39 early voting locations and  participants would be limited to that number of locations due to limited available DCED equipment and the rentals. For  those entities that are asking for additional early voting locations that were not on the original list in August, I will have  to review that list to determine which ones can be replaced, if possible, to accommodate your request.    Although the Primary date will not affect the May 12th election date, it will affect the runoff date that was listed in your  materials.  DCED will have to change the runoff date to June 23rd.  This is the earliest date that we can administer the  Joint Runoff Elections. From our discussion in August regarding conducting your elections, to keep the cost low, we  agreed to rent a limited amount of equipment with the understanding that some of Dallas County election equipment  would be used to supplement the total equipment needed for the Joint Elections. For this reason, retrieving the  equipment used on May 29th will be difficult, in such a short time period, to be prepared for the runoff elections if we  maintained a June 16th date.      I would like to apologize for the delay and uncertainty of details for your election that has been caused from the  redistricting process. We thank you for your understanding and patience.   These are not ordinary times, but we are not ordinary people.    Should you have additional questions that were not addressed, do not hesitate to contact me.  Thanks  Toni      Toni Pippins‐Poole,CERA,CCPA  Elections Administrator  Dallas County Elections Department  2377 N. Stemmons Frwy., Suite 820  Dallas, Texas   75207  214.819.6335   ¬ 214.819.6382   Voter Registration. The "IN" thing.  "COUNT ME IN"      Page 83 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:CONSIDERANDACT:onordinancedecreasingtheOver-65andDisabled HomesteadExemptionfrom$280,000to$275,000 BACKGROUND: Eachyearsince2008,theUPCityCouncilhasmodif iedtheCity’sover-65anddisabledhomestead exemptiontomaintainanamountbasedon25%ofthe averagesingle-familyhomevalue.After risingfrom$50,000to$250,000initially,andthen to$297,000in2010,theexemptionwaslowered to$280,000in2011.Thiswasadirectreflection ofthedecreaseintheaverageSFhomevaluein 2010. In2011,homevaluesagainfell,althoughonlyby2 %.Theattachedmemodiscussesfurtherthebasis forreducingtheexemptionfrom$280,000to$275,00 0.TheFinanceAdvisoryCommitteediscussed thechangeattheirFebruary9,2012,meetingandv otedinfavorofthechange. RECOMMENDATION: ToremainconsistentwiththeCity’spoliciesandp astpractices,CitystaffandtheFinanceAdvisory Committeerecommendreducingtheover-65anddisabl edhomesteadexemptionfrom$280,000to $275,000.IftheCityCouncilapprovestheordinan ceestablishingthisamount,staffwill communicatethechangetotheDallasCentralApprai salDistrictforinclusionincomputationofthe 2012certifiedtaxroll. ATTACHMENTS: Ordinanceamendingover-65anddisabledhomesteade xemption MemotoFinanceAdvisoryCommitteere.over-65exem ption Page 84 of 93 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TO PROVIDE AN EXEMPTION ON THE RESIDENCE HOMESTEAD OF AN INDIVIDUAL WHO IS DISABLED OR AN INDIVIDUAL WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER IN THE AMOUNT OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00) ON THE ASSESSED VALUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to set the exemption from taxation of a portion of the appraised value of a residence homestead of an individual who is sixty-five years of age or older or an individual who is disabled, as authorized by the Tax Code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby established for the tax year 2012 an exemption from taxation of two hundred seventy five thousand dollars ($275,000.00) of the appraised value of the residence homestead of an individual who is sixty-five years of age or older or an individual who is disabled. “Disabled” means a person having a disability for purposes of payment of disability insurance benefits under the Federal Old Age Survivors and Disability Insurance Act. SECTION 2. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February, 2012. APPROVED: ________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY Page 85 of 93 S:\FINANCE\AUSTIN\Finance Adv Cmte\2012\FAC memo over-65 exemption 02-06-2012.docx 9:08 AM 02/07/12 1 DATE: February 6, 2012 TO: Finance Advisory Committee FROM: Kent R. Austin, Director of Finance SUBJECT: Updating of Over-65 property tax homestead exemption Introduction Beginning in 2008, the UP City Council modified the City’s over-65 and disabled homestead exemption annually to maintain an amount based on 25% of the average single- family home value. This practice is consistent with the policy described in section 4-2-2 of the City’s Financial Management Policies: 4-2-2 Property tax policies The City will levy the lowest tax rate on the broadest tax base. Exemptions will be provided to home owners, senior citizens (age 65 years and over), and disabled citizens. The homestead exemption shall be equal to 20% of a property value. Additionally, the City Council will review the senior citizen and disabled persons homestead exemptions with a goal to maintain a tax benefit of approximately 25% of the average single-family home value. For the past four years, the exemption has been changed as follows:: Tax Year/Fiscal Year Date modified Prior year average SF home value Exemption amount 2008 / FY2009 2/26/2008$1,064,621$250,000 2009 / FY2010 3/3/2009 $1,183,170$295,000 2010 / FY2011 3/2/2010 $1,189,311$297,000 2011 / FY2012 3/1/2011 $1,120,199$280,000 Page 86 of 93 S:\FINANCE\AUSTIN\Finance Adv Cmte\2012\FAC memo over-65 exemption 02-06-2012.docx 9:08 AM 02/07/12 2 Updating of over-65 and disabled homestead exemption Action is needed now to update the exemption for 2012. The average SF home value in UP fell last year for the second time since the early 1990s. Multiplying last year’s average SF home value of $1,093,015 by 25% yields $273,254, or $275,000 rounded, as displayed in the table below. The impact of this 1.7% reduction on the average over-65 taxpayer depends on what happens with the overall tax base. If the total tax base and tax rate remain unchanged, then decreasing the over-65 and disabled homestead exemption from $280,000 to $275,000 will actually shift $15,593 in property taxes from under-65 taxpayers to over-65 taxpayers. This means an additional $14 in City taxes for the average over-65 taxpayer. 2010 2011 2012 ActualActualProposedChange $Change % Total taxable base 5,707,112,954$ 5,568,088,524$ 5,568,088,524$ -$ 0.0% Total Residential A11 market value6,134,207,860$ 5,971,142,920$ 5,971,142,920$ -$ 0.0% Total Residential A11 parcels5,476 5,463 5,463 - 0.0% Average SF home market value$1,120,199$1,093,015$1,093,015-$ 0.0% Over-65 & disabled computationFY2011FY2012FY2013 Prior year avg. SF home value $1,189,311$1,120,199$1,093,015($27,183)-2.3% Over-65 exemption (25% of avg SF)$297,000$280,000 $275,000 ($5,000)-1.7% Tax impact Avg SF home market value $1,120,199$1,093,015$1,093,015 $00.0% Less 20% homestead exemption($224,040)($218,603)($218,603)$00.0% Less over-65 homestead exemption($297,000)($280,000)($275,000)$5,000-1.7% Avg SF home taxable value $599,159$594,412$599,412$5,0000.8% Average SF over-65 tax bill $1,668 $1,655 $1,669 $140.8% Change in Avg SF over-65 tax bill ($74)($13)$14 Tax loss & impact on under-65 No. of eligible parcels 1,160 1,120 1,120 - 0.0% Tax base loss$344,520,000$313,600,000$308,000,000($5,600,000)-1.6% Tax rate per $100 0.278450.278450.278450.000000.0% Tax revenue loss $959,316$873,219$857,626($15,593)-1.6% Total parcels 8,339 8,339 8,339 - 0.0% No. of under-65 parcels7,179 7,219 7,219 - 0.0% Tax impact per under-65 parcel $133.63$120.96$118.80 ($2.16)-1.6% Page 87 of 93 S:\FINANCE\AUSTIN\Finance Adv Cmte\2012\FAC memo over-65 exemption 02-06-2012.docx 9:08 AM 02/07/12 3 If property values overall fall 1% or 3%, the impact of the reduced over-65 exemption will be as follows: 1% Decrease3% Decrease in Taxable Basein Taxable Base Total taxable base5,512,407,639$ 5,401,045,868$ Total Residential A11 market value5,911,431,491$ 5,792,008,632$ Total Residential A11 parcels 5,463 5,463 Average SF home market value 1,082,085$ 1,060,225$ Over-65 & disabled computationFY2013 FY2013 Prior year avg. SF home value$1,093,015$1,093,015 Over-65 exemption (25% of avg SF)$275,000$275,000 Tax impact Avg SF home market value$1,082,085$1,060,225 Less 20% homestead exemption ($216,417)($212,045) Less over-65 homestead exemption($275,000)($275,000) Avg SF home taxable value $590,668$573,180 Average SF over-65 tax bill$1,661$1,644 Change in Avg SF over-65 tax bill $6 ($11) Tax loss & impact on under-65 No. of eligible parcels1,120 1,120 Tax base loss $308,000,000$308,000,000 Tax rate per $100 0.28123 0.28680 Tax revenue loss $866,202$883,355 Total parcels 8,339 8,339 No. of under-65 parcels7,219 7,219 Tax impact per under-65 parcel$119.99 $122.37 Conclusion To remain consistent with the City’s policies and past practices, the over-65 and disabled homestead exemption should be decreased from $280,000 to $275,000. This change requires City Council action by ordinance. If approved, the change will be communicated to the Dallas Central Appraisal District for inclusion in computation of the 2012 certified tax roll. Page 88 of 93 AGENDAMEMO (2/21/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentR.Austin,DirectorofFinance SUBJECT:CONSIDERANDACT:onaresolutionsuspendingtheeffectivedateofAt mos Energyrateincreaserequest BACKGROUND: IncludedontheFebruary21CityCouncilmeetingag endaisaresolutionsuspendingtheeffective dateofarateincreaserequestbyAtmosEnergyMid -TexDivision.Thisactionisrecommendedby theAtmosCitiesSteeringCommittee(ACSC),whichn ownumbers154cities. Astheattacheddocumentsexplain,thislatestfili ngbyAtmosseeksasystem-wideincreaseof$49 million(11.94%excludinggascosts),whichwouldr aiseratesforaverageresidentialcustomersby 13.6%.Thestructureoftherateswouldalsochange : Approvaloftheattachedresolutionwouldsuspendt heeffectivedateoftheAtmosrequestbyupto90 days.Asalways,thistimeprovidesACSCattorneys andconsultantstostudytherequest.Themodel staffreportfromthelawfirmofLloydGosselinkp rovidesmoredetailsonthecontentandreasoning oftheresolution. RateR —ResidentialSales TypeofCharge Existing Proposed Monthlycustomercharge $7.50 $18.00 ConsumptionperCcfcharge $0.25116 $0.07091 RECOMMENDATION: Citystaffrecommendsapprovaloftheresolutionsu spendingtheeffectivedateofthegasrate increase.Atmosisawareoftheproposedactionand issupportive.IfnoactionistakenbytheCity CouncilbeforeMarch6,2012,therateincreasewil ltakeeffectasoriginallyproposed. ATTACHMENTS: ResolutionsuspendingeffectivedateofAtmosrate increase Modelstaffreport,Atmosrateincreaserequest Page 89 of 93 1790958 1 RESOLUTION NO. ____________________ RESOLUTION OF THE CITY OF UNIVERSITY PARK SUSPENDING THE MARCH 6, 2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION (“ATMOS MID-TEX”) REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND OTHER CITIES IN THE ATMOS MID-TEX SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC’S LEGAL COUNSEL WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), pursuant to Gas Utility Regulatory Act § 104.102 filed with the City of University Park, Texas (“City”), a Statement of Intent to change gas rates in all municipalities exercising original jurisdiction within its Mid-Tex Division service area, effective March 6, 2012; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, §104.001 et seq. of GURA has exclusive original jurisdiction over Atmos Mid-Tex’s rates, operations, and services within the City; and WHEREAS, in order to maximize the efficient use of resources and expertise, it is reasonable for the City to maintain its involvement in the Atmos Cities Steering Committee (“ACSC”) and to cooperate with the more than 150 similarly situated city members of ACSC and other city participants in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its requested increase in rates; and WHEREAS, it is not possible for the City to complete its review of Atmos Mid-Tex’s filing by March 6, 2012; and Page 90 of 93 1790958 2 WHEREAS, the City will need an adequate amount of time to review and evaluate Atmos Mid-Tex’s rate application to enable the City to adopt a final decision as a local regulatory authority with regard to Atmos Mid-Tex’s requested rate increase; and WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days; and WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. That the March 6, 2012, effective date of the rate request submitted by Atmos Mid-Tex on January 31, 2012, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 2. That the City is authorized to cooperate with ACSC and its member cities in the Mid-Tex service area and under the direction of the ACSC Executive Committee to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission. 3. That the City’s reasonable rate case expenses shall be reimbursed by Atmos. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Atmos, care of David Park, Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this __________ day of ___________________, 2012. _________________________________ Mayor ATTEST: __________________________________ City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney Page 91 of 93 1790994.1 MODEL STAFF REPORT SUPPORTING RESOLUTION SUSPENDING ATMOS MID-TEX’S PROPOSED MARCH 6, 2012 EFFECTIVE DATE FOR A RATE INCREASE The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid- Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”). On or about January 31, 2012, Atmos Mid-Tex filed with the City a Statement of Intent to increase rates within the City. Background In 2003, TXU Gas filed a statewide rate case which became known at the Railroad Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program (“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division. Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September, 2007. As part of Cities’ Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism (“RRM”) and was intended as an expedited but comprehensive rate review that included a number of fixed values and constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of last year to further extend the RRM process, but no agreement was reached. Atmos has expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised RRM process. Enclosed are frequently asked questions (“FAQ”) on ACSC and the RRM ratemaking process. Discussion and Purpose Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf. The law provides that a rate request made by a gas utility cannot become effective until at least 35 days following the filing of the application to change rates. Atmos has proposed an effective date of March 6, 2012. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action Page 92 of 93 1790994.1 regarding the filing before the effective date, Atmos’ rate request is deemed administratively approved. The purpose of the resolution is to extend the effective date of Atmos Mid-Tex’s proposed rate increase to give the City time to review the rate-filing package. The resolution suspends the March 6, 2012 effective date of the Company’s rate increase for the maximum period permitted by law to allow the City, working in conjunction with the other ACSC cities, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy to pursue, including settlement and ultimately to approve reasonable rates. Explanation of “Be It Resolved Paragraphs” Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate change would otherwise be effective so long as the City has a legitimate purpose. Time to study and investigate the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as the “maximum period allowed by law” rather than ending by a specific date. This is because the Company controls the effective date and can extend its effective date and, therefore, extend the deadline for final city action to increase the time that the City retains jurisdiction (for example, if necessary to reach settlement on the case). If the suspension period is not otherwise extended by the Company, the City must take final action on Atmos Mid-Tex’s request to raise rates by June 4, 2012. Section 2. This provision recognizes the City’s membership in ACSC and authorizes the City to participate with other similarly situated cities served by Atmos Mid-Tex in order to more efficiently represent the interests of the City and its citizens. Section 3. By law, the Company must reimburse the cities for their reasonable rate case expenses. Legal counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will then seek reimbursement from Atmos Mid-Tex. The City will not incur liability for payment of rate case expenses by adopting a suspension resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Atmos Mid-Tex’s designated representative and counsel for ACSC will be notified of the City’s action by sending a copy of the approved and signed resolution to certain designated individuals. Recommendation The City Staff recommends adoption of the resolution suspending the effective date of Atmos Mid-Tex’s proposed rate increase. Page 93 of 93