12/03/2001-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL,
MONDAY, DECEMBER 3, 2001
7900 P.M.
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: November 19, 2001
b) Disbursements
3. Citizen's Input.
4. Consider and Possible Action on Ordinance #12-30-01-Amending the Juvenile Curfew.
5. Consider and Possible Action on Resolution #12-10-01-Declaring the Sanger Courier
as the City's Official Newspaper.
6. Consider and Possible Action to Cast Vote for Representation on the Denton County
Transportation Authority,
7.
9.
10.
Consider and Possible Action on Resolution #12-11-01- Adopting a Policy in Regards
to Racial Profiling.
Discussion of the Metal Building Ordinance.
Any Other Such Matters.
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Adjourn.
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Chavez, City Secretary
Date & Time Posted
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to this
meeting. Please contact the City Secretary's office at (940) 45&7930 for further information.
MINUTES: CITY COUNCIL
NOVEMBER 199 2001
PRESENT: Mayor Tommy Kincaid, Councilman Craig Waggoner, Councilman Joe Higgs,
Councilman Glenn Ervin, Councilman Andy Garza, Councilman Jimmy Evans
ABSENT: Councilman Garza, Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Administrative Assistant/Assistant City Secretary Samantha Renz,
Water/Wastewater Superintendent Eddie Branham, Code Enforcement Officer
Ken Wilson, Dianne Markley, Doug Markley, Shelley Ruland, Linda Guerrero,
Ramon Guerrero, JoNell Carter, Patsy Urban, Marquieta Keith, Albert Keith,
Ralph Cain, Gloria Keen, Sheila Bowles, Gary Bowles, Joey Copeland, Rachel
Dodd, Mike Ange, Rick Spears
1. Mayor called meeting to order, Councilman Waggoner led the invocation, followed by
the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: November 5, 2001
b) Disbursements
Councilman Evans moved to approve the Consent Agenda as presented. Councilman
Higgs seconded. Motion carried unanimously.
3. Citizen's Input.
4. Brief Summary -Steve Taylor, TXU.
Steve Taylor, indicated he did not think anyone wanted to go through what they went
through last year on gas costs. For the winter gas supply, TXU has 3 main objectives,
to meet needs of customers, buy gas at lowest prices, and manage it. Looking at last
years results, there were no gas services interrupted. TXU makes no money off the
price of gas, as gas prices peaked the highest amount customers paid was $7.22 per
MCF, gas prices this year went from $7.22 per MCF to $5.86 to $4.99 , and are now at
$3.84. He wanted to assure council they will have adequate supplies and keep the costs
down.
5. Conduct Public Hearing to Consider a Specific Use Permit for a Gymnastics Training
School on property legally described as Abstract 71A, Burleson Survey, Tract 3.
Property is located at 1010 Cowling Road.
Public Hearing opened.
Rachel Dodd, owner of Tiger Elite, indicated the main reason she started the
gymnastics center was so that the kids didn't have to drive to Denton, and her prices are
lower. She indicated that she teaches kids from ages 3 to 18, and will start an AWStar
team, they go to competitions and football games. She indicated she was looking for
more kids. She indicated it was very safe and just the right size.
Councilman Higgs asked if she had help.
Ms. Dodd indicated she did, and she had about ten (10) years experience as well as CPR
certification.
Ralph Cain, 1010 Cowling Rd., indicated it was his property, and the number one thing
was that it is available, and he would like to lease it for the money. He felt it was a
worthwhile thing. The property is adequate, there is a balcony, restroom facilities, and
he has seen Rachel at work, she is very creative and thorough. He felt it would be both
for the community and for him.
Public Hearing closed.
6. Consider and Possible Action on a Specific Use Permit for a Gymnastics Training
School on property legally described as Abstract 71A, Burleson Survey, Tract 3.
Property is located at 1010 Cowling Road.
Councilman Evans moved to approve the request, Councilman Higgs seconded. Motion
carried unanimously.
7. Conduct Second Public Hearing on Proposed Annexation of the Following Properties:
ABSTRACT 29, R. BEBEE SURVEY, TRACT 67, BEING 63.5 ACRES, LOCATED EAST
ON F.M. 455.
ABSTRACT 29, R. BEBEE SURVEY, TRACT 68, BEING 66.5 ACRES, LOCATED EAST
ON F.M. 455.
ABSTRACT 29, R. BEBEE SURVEY, TRACT 64, BEING 134.64 ACR4ES, LOCATED
EAST ON F.M. 455. (SABLE)
MEADOWLANDS ADDITION, LOTS 1 THRU 14. (JENNIFER CIRCLE)
ONE MILE WEST ON F.M. 455 R.O.W.
ONE MILE EAST ON F.M. 455 R.O.W.
ONE MILE NORTH ON IH-35 R.O.W.
PH opened.
l;luu;3
Diane Markley, indicated when they lived in the City of Denton, they searched and
found the perfect spot to live. She indicated they have 2 acres, and a pond, which they
have to keep snakes away from. The reason they were able to do it because they could
keep it safe, which requires firing a fire arm, which can not be done in the City limits.
The other reason they wanted to live outside of the City limits is because they do
wildlife rescue, to be brought into the city, this would be asking them to change a huge
part of their life. The investments were made to put in their own services and they do
not need the city services, the lots are larger than the regular city lots which will cause
them to pay higher city taxes. She felt that the city should annex properties without
homes before the people have made their lives there. She asked that they drop the
Meadowlands Addition from the agenda.
Sheila Bowles, indicated they don't want to be annexed, mainly because of their quality
of life. She indicated the they are already in the E.T.J., and the City does not have to
annex them. She felt they were good community people that promote Sanger as a
positive thing, and if the Council disregards all of that, and devalues there life style,
they should remember that you reap what you sow, she asked that they please consider
it carefully, and asked them not to take in Meadowlands.
Mike Ange,11307 Jennifer Circle, felt it was an unfair financial burden, the City would
be taking their money, and the residents wouldn't be getting any benefits.
Linda Guerrero,11403 Jennifer Circle, been there for ten years, indicated the school
taxes and county taxes are increasing, she indicated she has not been told why the
council wants them so badly. This community has shown up to oppose this on two
occasions. She asked that they please remove Meadowlands Addition from the
annexation plan.
Doug Markley,11466 Jennifer Circle, indicated he felt the same. There is nothing the
city can offer them that they don't already have. He indicated there were others who
would not speak that were also opposed to it. He hoped the Council would vote to not
annex the property.
Rick Spears, Lois Road, indicated he did not want his property annexed either. He
spoke in opposition of the annexation of Meadowlands for his friends.
Jo Nell Carter,11252 Jennifer Circle, asked the Council to just vote no.
Ramon Guerrero, 11493 Jennifer Circle, indicated at the last meeting the Council
indicated there wasn't anything they could do. The thing they could do is not annex
them. They came here to be in a Country setting. What message are you sending to
future residents who what to be in the country.
Gary Bowles, 11437 Jennifer Circle, does not want to be annexed into the City limits
due to squelching some of their freedom. Did not feel this would help them in anyway
to be in the city limits, he indicated he understood why the City would want to extend,
but hoped they wouldn't bring Meadowlands in.
Joey Copeland, 3892 Grimley Ln, felt it would be in best interest of the City to extend
the E.T.J., and not to annex people who do not want to be annexed.
Mayor indicated they could not expand the E.T.J. without moving the City Limits.
Public Hearing closed.
8. Consider and Possible Action on Resolution #11-08-01 -Authorizing Mayor to Sign
GNB Note for Completion of the Water Well,
City Secretary indicated staff had tried to call the bank; however, they did not get a
hold of Vickie; however, the City Manger had spoken to her and indicated the rate
would be 5% initially.
Councilman Waggoner moved to approve Resolution #11-08-01, Councilman Evans
seconded. Motion carried unanimously.
9, Consider and Possible Action on Resolution #11-09-01 -Authorizing Mayor to Sign
GNB Note for Purchase of the Porter Building,
Councilman Waggoner moved to approve Resolution #11-09-01, Councilman Evans
seconded. Motion carried unanimously.
10. Any Other Such Matters.
a) City Manager indicated there was a letter in the packet form Mr. Gossett to Tod
Tieszen on the Quail Run property, he asked if they had questions.
He indicated one of the things in the letter is concrete streets vs. asphalt streets, the
developer feels that cost for concrete streets is astronomical. The cost estimates for the
high school are virtually the same price as concrete streets. He indicated he felt the
requirement for concrete would help out in the future.
)Councilman Evans asked if anything had been done with the duplex in Sanger South.
City Secretary indicated both properties are for sale.
City Manager indicated it has gone through the court and was found guilty.
c) Councilman Evans asked John Henderson about Fourth Street from Willow to Wood,
and if there was a time frame on getting it fixed.
John indicated the weather is holding them up, he will get to it as soon as he can.
d) Councilman Garza asked about Ralph Amyx drainage.
City Secretary indicated during the staff meeting this morning she was advised that it
was completed.
Discussion.
Councilman Garza asked if we had secured an easement.
City Manager indicated they had not but they would.
City Secretary will talk to Ralph Amyx regarding the easement.
11. Meeting Adjourned.
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November 295 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #4 -Juvenile Curfew
The Ordinance is attached. The City Prosecutor, Ric Gonzales, revised the ordinance for us making
it legal and allowing for a curfew for all seven days.
r
CITY OF SANGER, TEXAS
ORDINANCE No. #12-30-01
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 7, ARTICLE 7.601 AND REMOVING ARTICLE
7.603(C) OF THE CITY OF SANGER CODE OF ORDINANCES; AND
PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION I
THAT CHAPTER 7, ARTICLE 7.601 OF THE CITY OF SANGER CODE OF ORDINANCES IS
HEREBY AMENDED TO READ AS FOLLOWS:
7.601 Definitions
a. Curfew Hours
1. 11:00 p.m. on Sunday. Monday, Tuesday, Wednesday. or Thursday, until
6:00 a.m. of the following day; and
2. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
b. Emergency. Unforseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a ure, a natural
disaster, an automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of life.
c. Establishment. Any privately -owned place of business operated for a profit to which
the public is invited; including but not limited to any place of amusement or
entertainment.
d. Guardian.
1. A person who, under court order, is the guardian of the person of a
minor; or
2. A public or private agency with whom a minor has been placed by a
court.
e. Minor. Any person under 17 years of age.
f Operator. Any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term includes members or partners
of an association or partnership and the officers of a corporation.
g. Parent. A person who is:
1. A natural parent, adoptive parent, or step-parent of another person; or
2. At least 18 years of age and authorized by a parent or guardian to have the
care and custody of a minor.
h. Public Place. Any place in which the public or substantial group of the public has
access and includes, but is not limited to, streets, highways, and the common areas
of schools, hospitals, apartment houses, office buildings, transport facilities, and
shops.
i. Remain.
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
j. Serious Bodily Injur,v. Bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss or impairment of
the function of any bodily member or organ.
SECTION II
AND THAT CHAPTER 7, ARTICLE 7.603(C) OF THE CITY OF SANGER CODE OF
ORDINANCES IS HEREBY REMOVED FROM TIC CODE.
SECTION III
All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict,
hereby repealed.
SECTION IV
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
r• } r
remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION V
This Ordinance will take effect immediately from and after its passage and the publication
of the caption as the law in such cases provides.
PASSED AND APPROVED this 3rd day of December, 2001, by the City Council of the City
of Sanger, Texas.
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
November 29, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #5
The proposed Resolution is attached. In our recodi41 fication of the City Code, Kirk Franklin with
Franklin Legal recommended the Council adopt this resolution.
RESOLUTION #12-10-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, DECLARING AN OFFICIAL NEWSPAPER FOR THE CITY OF
SANGER PUBLICATIONS;
WHEREAS, the City of Sanger regularly publishes all public notices in the Sanger
Courier; and
WHEREAS, the City Council of the City of Sanger has agreed that the Sanger Courier
is the Official Newspaper for Publications by the City of Sanger;
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, THAT:
The Sanger Courier is the official newspaper for the City of Sanger
PASSED ,APPROVED AND ADOPTED this the 3rd day of December, 2001.
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
November 29, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Denton Transportation Authority Rep.
City Manager has recommended the Council cast votes for George Purefoy of Frisco for this Board.
�-� ��
v' �_� ...
ti%T 1 N46 T rr
SCOTT ARIVIEY
Denton County Judge
November 21, 2001
City of Sanger
The Honorable Tommy Kincaid
PO Box 578
Sanger, Texas 76266
Re: Denton County Transportation Authority Ballot for Election to the Interim Executive Committee
Dear Mayor Kincaid:
As a result of the adoption by the Denton County Commissioners Court of a Resolution of
Designation on October 16, 2001 pursuant to HB 3323, (Act of May 25, 2001, 77th Leg., R.S.), I
forwarded to you a nomination form for the purpose of nominating an individual to represent your
municipality on the Interim Executive Committee of the Denton County Transportation Authority. The
nomination form was sent to every municipality in the county with a population of more than 500, but
less than 12,000. The nomination forms were to be returned to the County on or before November 16,
2001.
Pursuant to the provisions of the statute, those individuals who were nominated, have had their
names placed on the official ballot enclosed herein.
Each municipality in the county with a population of more than 500 but less than 12,000 is
entitled to cast one vote. Please cast the vote of the municipality by placing an "X" beside the name you
wish to vote for. You may vote for only one person. To be valid, your ballot must be returned and
received in the office of the County Judge of Denton County on or before the close of business December
11, 2001. The ballot should bear attestation by the City Secretary that the ballot cast is the vote of the
governing body.
While most municipalities will have an opportunity to cast their ballot at regularly scheduled
meetings, some cities may require a special meeting if they desire to cast a ballot that will be counted
before the deadline. Please r:member that the ballot MUST BE RECEIVED IN THE OFFICE OF
THE COUNTY JUDGE ON OR BEFORE DECEMBER 11, 2001. That will allow us to announce the
results and permit the three members selected from among those nominated, to attend the Interim
Executive Committee on December 13, 2001, hosted by the Town of Flower Mound.
Sincerely yours,
Scott Armey
Denton County Judge
Enclosures
Courthouse -on -the -Square • 110 West Hickory •Denton, Texas 76201
(940)349-2R20 • 1-R00-346-16R9 •Fax (9401349-2R21 • www.dentoncountv.com
Ballot* For
Denton County transportation Authority
Interim Executive Committee
Vote for only one, by placing an "X" next to the Individual selected.
Name
Jerry Alford
Beverly Foley
Ed Hardy
Del Knowler
Jason Pierce
Jeffrey Price
George Ptcrefoy
Torn Spencer
Richard Tucker
Bill Waltzer
Richard Wilkinson
Nominating_City_
Pilot Poirt�
Trophy Club
Corinth
Bartonville
Aubrey
Hickory Creek
Frisco
Shady Shores
Argyle, Double Oak, Justin, Northlake
Roanoke
Ponder
Attest:
I, ,City Secretary do hereby certify and attest that the above
vote cast for representation on the Denton County Transportation Authority is the vote of the
governing body of the municipality.
City Secretary
*TO BE VALID the Denton County Judges Office must receive the
ballot no later than 5:00 pm, December 11, 2001.
Please return to:
Denton County Judge Scott Armey
110 W. Hickory
Denton, Texas 76201
Phone: 94M4M820
Fax: 940-34M821
November 295 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Item #7 -Resolution 12-11-01
Attached is the Proposed Resolution on this item.
Senate Bill 1074, enacted by the 77`h Texas Legislature and effective September 1, 2001requires
each law enforcement agency in the state to adopt a racial profiling policy not later than January
1, 2002.
r',
RESOLUTION #12-11-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, ADOPTING A POLICY ON RACIAL PROFILING;
WHEREAS, Senate Bill 1074, enacted by theTexas Legislature and effective
September 1, 2001requires each law enforcement agency in the state to adopt a racial
profiling policy not later than January 1, 2002.
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, THAT THE CITY OF SANGER HEREBY ADOPTS THE FOLLOWING
ACIAL PROFILING POLICY. R
I. Policy and Purpose
This Racial Profiling is adopted in compliance with the requirements of Articles 2.131 through
2.136, Texas Code of Criminal Procedure, which prohibits Texas peace officers from engaging
in racial profiling.
II. Definitions
a. 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. Racial profiling pertains to
persons who are viewed as suspects or of criminal behavior. The term is not relevant as it
pertains to witnesses, complainants, persons needing assistance, or other citizen contacts.
b. Race or Ethnicity: means of a particular descent, including Caucasian, African, Hispanic,
Asian, or Native American descent.
c. Acts Constituting Racial Profiling: are acts initiating law enforcement action, such as a
traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an
individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes,
rather than upon the individual's behavior, information identifying the individual as having
possibly engaged in criminal activity, or other lawful reasons for the law enforcement action.
d. Pedestrian Stop: means an interaction between a peace officer and an individual who is
being detained for the purposes of a criminal investigation in which the individual is not
under arrest.
e. Traffic Stop: means the stopping of a motor vehicle by a peace officer for an alleged violation
of law or ordinance regulating traffic.
III. Prohibition
Peace officers of the City of Sanger are strictly prohibited from engaging in racial profiling.
The
prohibition against racial profiling does not preclude the use of race, ethnicity, or national
origin
as factors in a detention decision by a peace officer. Race, ethnicity, or national origin may be
legitimate factors in such a decision when used as part of a description of a suspect or witness
for whom a peace officer is searching.
IV. Complaint Process and Public Education
Any persons who believes that a peace officer employed by the City has engaged in racial
profiling with respect to that person may file a complaint with the City, and no person shall
be discouraged, intimidated, or coerced from filing such a complaint, or be discriminated
against because they have filed such a complaint.
The City shall accept and investigate citizen complaints alleging racial profiling by its peace
officers. Such complaints shall be in writing, or the city employee, officer, or official receiving
the complaint should reduce the same to writing, and should include the time, place, and details
A the incident of alleged racial profiling, the identity or description of the peace officer or
officers involved, and the identity and manner of contacting the complainant.
Any peace officer, city employee, or city official who receives a citizen complaint alleging
racial profiling shall forward the complain to the Chief of Police within 12 hours of receipt of
the complaint. Receipt of each complaint shall be acknowledged to the complainant in writing,
all such complaints shall be reviewed and investigated to the complainant in writing, all such
complaints shall be reviewed and investigated by the Sergeant within a reasonable period of
time, and the results of the Sergeant's review and investigation shall be fled with the Chief of
Police and with the complainant.
In investigating a complaint alleging racial prof ling, the Chief of Police shall seek to determine
iI the officer who is subject of the complaint has engaged in a pattern of racial profiling that
includes multiple acts constituting racial profiling for which there is no reasonable, credible
explanation based on established police and law enforcement procedures. A single act
constituting racial profiling may not be considered a pattern of racial profiling, and shall not
be grounds for corrective action.
In the event that a complaint of racial profiling fled by an individual involves an occurrence
that was recorded on audio or video, the Chief shall ,upon commencement of the investigation
of the complaint and upon written request of the officer, promptly provide a copy of the
recording to the peace officer that is a subject of the complaint.
The police department of the City of Sanger shall provide education to the public concerning
the racial profiling complaint process. A summary of the public education efforts made during
the preceding year shall be included with annual report filed with the governing body of the
City of Sanger under Part VI below.
V. Corrective Action
Any peace officer who is found ,after investigation, to have engaged in racial profiling in
violation of this policy shall be subject to corrective action, which may include reprimand;
diversity, sensitivity or other appropriate training or counseling; paid or unpaid suspension;
termination of employment, or other appropriate action as determined by the Chief of Police.
VII. Audio and Video Equipment
(a) The Chief of Police of the City of Sanger shall, immediately upon enactment of this policy,
commence examination of the feasibility of installing video camera equipment and transmitter
-activated equipment in each City motor vehicle regularly used to make traffic stops, and shall
report shall include funding options available to the City, including any funding available
through the Department of Public Safety.
(b) In the event that the findings of such examination support the installation of such
equipment, the governing body shall consider and take action on installing the equipment,
applying for funding to secure and install such equipment, or such other action as the
governing body considers appropriate. In the event the examination does not support installing
such equipment, the Chief of Police of the City shall periodically update the governing body
on such feasibility.
(c) In the event that the governing body determines that funds are needed in order to install
the equipment, it shall pass a resolution certifying that fact to the Department of Public Safety.
On receipt of either sufficient funds or video and audio equipment, the governing body shall
install video and transmitter -activated equipment in each motor vehicle regularly used to make
traffic stops, and shall install transmitter -activated equipment on each motorcycle regularly
used to make traffic stops, and the governing body shall pass a resolution certifying to the
Department of Public Safety that such equipment has been installed and is being used to record
each traffic and pedestrian stop made by a peace officer employed by the City that is capable
of being recorded by video and audio or audio equipment, as appropriate.
VIII. Review of Video and Audio Documentation -Standards
In the event that audio and video equipment is install, each audio and video recording shall be
retained for a minimum period of ninety (90) days unless a complaint is filed alleging that a
peace officer of the City has engaged in racial profiling with respect to a traffic or pedestrian
stop, in which case the recording shall be retained until final disposition of the complaint.
In conjunction with preparation of the annual report required under Part VI above, the Chief
of Police shall periodically conduct reviews of arandomly-selected sampling of video and audio
recordings made recently by peace officers employed by the City in order to determine if
patterns of racial profiling exist.
In reviewing audio and video recordings the Chief shall seek to determine if the officer who
is involved therein has engaged in a pattern of racial profiling that includes multiple acts
constituting racial profiling for which there is no reasonable, credible explanation based on
established police and law enforcement procedures. A single act constituting racial profiling
may not be grounds for corrective action.
IX. Collection, Compilation, Analysis, and Reporting Requirements in Absence of Either Audio
and Video Equipment or Non -Funding Certification by the Governing Body.
(a) In addition to the annual report required when citations are issued and arrests made, and
so long as the City of Sanger has not equipped all motor vehicles and motorcycles regularly
used to make traffic and pedestrian stops with audio and video equipment, as applicable, and
so long as the City has not or is not able to certify to the Department of Public Safety that it
needs funds for such audio and video equipment but has not received such funds, then each
peace officer to the City shall make the following report for each traffic and pedestrian stoop:
(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 peace officer to the
best of his or her ability;
(2) the traffic law or ordinances alleged to have been violated or the suspected offense;
(3) whether the officer conducted a search as a result of the stop, and, if so, whether the
person detained consented to the search;
(4) whether any contraband was discovered in the course of the search and the type of
contraband discovered;
(5) whether probable cause to search existed and the facts supporting the existence of
that probable cause;
(6) whether the officer made an arrest as a result of the stop or the search, including
a statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or statement of the violation charged.
(b) The information in each report shall be analyzed and compiled in a report that covers the
period January 1 through December 31 of each year, and shall be submitted to the governing
body of the City of Sanger no later than March 1 of the following year. Each such report shall
include:
(1) A comparative analysis of the information compiled by each officer under Part IX
A. determine the prevalence of racial profiling by peace officers employed by the
City; and
B. examine the disposition of traffic and pedestrian stops made by officers
employed by the City, including searches resulting from such stops; and
(2) information relating to each complaint filed with the City alleging that a peace
officer employed by the City had engaged in racial profiling.
(c) The report required by the Part IX may not include identifying information about a peace
officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested
by an officer.
(d) The compilation of information, analysis, and report required by this Part IX shall not be
required for any calendar year during which (1) the City has equipped all motor vehicles and
motorcycles regularly used to make traffic and pedestrian stops with audio and video
equipment, and each traffic and pedestrian stop made by a peace officer employed by the City
that is capable of being recorded by video and audio or audio equipment, as appropriate, has
been so recorded; or (2) The City has certified to the Department of Public Safety that is needs
funds for such audio and video equipment, as described in Part VH(c) above, but has not
received such funds,.
X. Peace Officer and Police Chief Training
(a) Each peace officer employed by the City shall complete the comprehensive education and
training program on racial profiling established by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) not later than the second
anniversary of the date of the officer was licensed, the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier. A person who on September
1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer
license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and
education program on racial profiling not later than September 1, 2003.
(b) The Chief of Police shall, in completing the training required by Section 96.641, Texas
Education Code, complete the program on racial profiling established by the Bill Blackwood
Law Enforcement Management Institute of Texas.
PASSED ,APPROVED AND ADOPTED this the 3''a day of December, 2001.
Tommy Kincaid, Mayor
ATTEST:
Rosalie Chavez, City Secretary
November 29, 2001
To: Honorable Mayor and City Council
Fr: Rose Chavez, City Secretary/Assistant City Manager
Re: Metal Building Ordinance
Staff is asking direction from the Council regarding the metal building ordinance. In researching
the requirements of other cities, we have found that they are all very different.
The City of Denton is in the process of implementing an ordinance that will require all metal
buildings on a major thoroughfare or 250' from a major thoroughfare to be bricked on the front and
both sides.
The City of Corinth prohibits metal buildings in all commercial zoning. They will allow them in
Industrial; however they require them to be some type of masonry on all sides facing any public
street.
The City of Gainesville does not require any masonry or have any regulations regarding metal
buildings.
The City of Coppell allows metal buildings; however requires them to be 80%masonry material.
There are several cities that have not yet responded to our inquiries.
In discussing this, staff has come up with several ideas/possibilities for the ordinance:
— Take Industrial Zoning out of the current ordinance and allow metal buildings without
requiring them to be bricked, and require all metal buildings in commercial zoning to be
bricked on the front and both sides; or
— Take Industrial out of the current ordinance and require all metal buildings in commercial
zoning to be bricked on all sides facing any street; or
— A percentage requirement on all metal buildings;
These are some suggestions; however, as stated we are looking for direction on this.
" i, f` ! i1
November 12, 2001
Mayor and other Council Members
201 Bolivar Street
P.O. Box 1729
Sanger, TX. 76266
Mr. Ervin,
I think that besides doing the lane for the new high school, they should look into putting a
sidewalk or blacktop walkways to Fifth Street, as some of the kids walk to school as they
do now and 455 is too busy for kids to walk on the road.
Even now some of the some kids at the high school walk in the middle of the street. I
was thinking about this, I hope you do too.
Thanks
Vv r i-5 5 ;M(V\0� S
Jack Smith
City Manager
201 Bolivar, P.O. Box 1729
Sanger, Tx 76266
Dear Jack:
As we conclude the preliminary study for the City of Sanger, we would like to meet with
you and the City Council to discuss the results. Traditionally, this works best by meeting
with two council members at a time. These meetings are informal, in a standard question
and answer setting and last roughly 30 minutes each.
We would like to schedule these meetings on the 4'� and Sth of December, beginning in
the afternoon. I will call on Monday the 3rd to discuss the exact meeting times.
If you have any questions about the meetings or these times are not suitable, please call
me at 972.948.3692.
Regards,
Tim Evans
Government Account Executive
Johnson Controls, Inc.
Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN CERTAIN POLITICAL
SUBDIVISIONS.
(a) In this section, "political subdivision" means:
(1) An affected county; or
(2) Any political subdivision other than a school district in a non -attainment area
or in an affected county.
(b) Each political subdivision shall implement all energy efficiency measures that meet
the standards established for a contract for energy conservation measures under Section
302.004(b), Local Government Code, in order to reduce electricity consumption by the
existing facilities of the political subdivision.
(c) Each political subdivision shall establish a goal to reduce the electric consumption by
the political subdivision by five percent each year for five years, beginning January 1,
2002.
(d) A political subdivision that does not attain the goals under Subsection (c) must
include in the report required by Subsection (e) justification that the political subdivision
has already implemented all available measures.
(e) A political subdivision annually shall report to the State Energy Conservation Office,
on forms provided by that office, regarding the political subdivision's efforts and progress
under assistance and information to political subdivisions to help the political
subdivisions meet the goals set under this section
Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION
The State Energy Conservation Office annually shall provide the commission with an
evaluation of the effectiveness of state and political subdivision energy efficiency
programs, including programs under this chapter