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FILED

16 CIT 16 NOT 16 TRO ATTY DALLAS COUNTY


12/27/2017 2:00 PM
FELICIA PITRE
DISTRICT CLERK

Angie Avina
DC-17-17570
CAUSE NO. _______________________

THE CITY OF DALLAS, § IN THE DISTRICT COURT


Plaintiff §
§
vs. §
§
DALLAS COUNTY SCHOOLS; §
MIKE MOSES (Chair), In His Official §
Capacity; MICHAEL HINOJOSA, In His §
Official Capacity; MATT BOLES, In His §
Official Capacity; CHUCK YAPLE, In §
His Official Capacity; CELINA MILLER, §
In Her Official Capacity; ROBERT §
DRANSFIELD, In His Official Capacity; § DALLAS COUNTY, TEXAS
JOSE PARRA, In His Official Capacity; §
GREG BUCHANAN, In His Official §
Capacity; KELLIE SPENCER, In Her §
Official Capacity; BRENT RINGO, In His §
Official Capacity; SANDRA HAYES, In §
Her Official Capacity; BOBBY BURNS, §
In His Official Capacity; BOBBY §
LABORDE, In His Official Capacity; §
DEREK CITTY, In His Official Capacity; §
AND ALAN KING, In His Official §
Capacity. §
Defendants § ____ JUDICIAL DISTRICT

THE CITY OF DALLAS’S ORIGINAL PETITION & APPLICATION


FOR TEMPORARY RESTRAINING ORDER, TEMPORARY
INJUNCTION, AND PERMANENT INJUNCTION

Plaintiff, the City of Dallas (“the City”), files this original petition and application for

temporary restraining order, temporary injunction, and permanent injunction against defendants

Dallas County Schools (“DCS”), Mike Moses (Chair), in his official capacity; Michael Hinojosa,

in his official capacity; Matt Boles, in his official capacity; Chuck Yaple, in his official capacity;

Celina Miller, in her official capacity; Robert Dransfield, in his official capacity; Jose Parra, in

his official capacity; Greg Buchanan, in his official capacity; Kellie Spencer, in her official

THE CITY OF DALLAS’S ORIGINAL PETITION & APPLICATION FOR TEMPORARY


RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
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capacity, Brent Ringo, in his official capacity, Sandra Hayes, in her official capacity, Bobby

Burns, in his official capacity, Bobby LaBorde, in his official capacity and Derek Citty, in his

official capacity (collectively, the “Dissolution Committee”), and Alan King, in his official

capacity and alleges as follows:

DISCOVERY CONTROL PLAN

1. The City intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure

190.3 and affirmatively pleads that this suit is not governed by the expedited-actions process in

Texas Rule of Civil Procedure 169 because the City seeks injunctive relief.

OVERVIEW OF CLAIM FOR RELIEF

2. The City brings this suit for emergency injunctive relief to prevent the mid-school-year

discontinuation of the school crossing guard program currently provided and administered by DCS

under a contract with the City. DCS has publicly stated that it plans to stop operating the program

as of January 31, 2018. Ending the program will put the school children of the City of Dallas at

risk of harm.

3. The City asks the Court to enjoin Defendants from discontinuing the City’s school

crossing guard program as set forth in the interlocal agreement between the City and DCS until

July 2018.

4. The City asks the Court to compel defendants to use the funds in the City/DCS joint

escrow account, the City’s child safety trust fund monies, and incoming revenues from the City’s

stop arm camera program to support the school crossing guard program as a transportation service

under the dissolution provisions in S.B. 1566 and S.B. 2065.

THE CITY OF DALLAS’S ORIGINAL PETITION, & APPLICATION FOR TEMPORARY


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5. The City seeks assurance that City funds intended to pay for school crossing guards not

be usurped for purposes other than providing for the safety and welfare of the school children of

Dallas. The City asks the Court to enjoin the distribution of funds from the City’s stop arm camera

program, the City/DCS joint escrow fund, and the City’s Child Safety Trust Fund monies for any

purpose other than continuing the operation of the school crossing guard program through July

2018 and without the City’s express written approval and consent, or alternatively, only by the

Order of this Court.

6. The City asks the Court to require Defendants to provide a full accounting of revenues

and expenditures from the City’s school bus stop-arm camera program, the escrow account, the

trust fund monies, and/or revenues and expenditures for the City’s school crossing guard program.

PARTIES

7. The City is a home-rule municipal corporation situated primarily in Dallas County, Texas,

incorporated and operating under the laws of the State of Texas.

8. DCS is a county school district and political subdivision of the State of Texas. Under

Tex. Civ. Prac. & Rem. Code § 17.024(c), DCS may be served by serving its Interim

Superintendent, Gary Lindsey, at 5151 Samuell Blvd, Dallas, Texas 75228.

9. Mike Moses (Chair) is a member of the DCS Dissolution Committee and may be served

with process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he

may be found. He is named as a party in his official capacity.

10. Matt Boles is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

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11. Chuck Yaple is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

12. Celina Miller is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever she may

be found. She is named as a party in her official capacity.

13. Robert Dransfield is a member of the DCS Dissolution Committee and may be served

with process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he

may be found. He is named as a party in his official capacity.

14. Jose Parra is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

15. Greg Buchanan is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

16. Michael Hinojosa is a member of the DCS Dissolution Committee and may be served

with process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he

may be found. He is named as a party in his official capacity.

17. Kellie Spencer is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever she may

be found. She is named as a party in her official capacity.

THE CITY OF DALLAS’S ORIGINAL PETITION, & APPLICATION FOR TEMPORARY


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18. Brent Ringo is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

19. Sandra Hayes is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever she may

be found. She is named as a party in her official capacity.

20. Bobby Burns is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

21. Bobby LaBorde is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

22. Derek Citty is a member of the DCS Dissolution Committee and may be served with

process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever he may be

found. He is named as a party in his official capacity.

23. Alan King is the Chief Executive Officer of the DCS Dissolution Committee and may be

served with process at DCS’s main offices at 5151 Samuell Blvd., Dallas, Texas 75228 or wherever

he may be found. He is named as a party in his official capacity.

JURISDICTION AND VENUE

24. The City brings this action to obtain declaratory relief, temporary and permanent

injunctive relief, and to recover for breach of contract and/or to recover monies collected pursuant

to DCS administering the City’s school crossing guard program and its stop arm camera program.

THE CITY OF DALLAS’S ORIGINAL PETITION & APPLICATION FOR TEMPORARY


RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
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25. The claims asserted in this lawsuit arise under the laws of the State of Texas. This Court

has jurisdiction pursuant to Sections 24.007, 24.008, and 24.011 of the Texas Government Code.

This Court has subject-matter jurisdiction because the contract claims at issue fall within the

waiver of immunity in Chapter 271, Subchapter I of the Texas Local Government Code. Venue is

proper because all or a substantial part of the events giving rise to this claim occurred in Dallas

County, Texas; DCS’s and the Dissolution Committee’s principal office is located in Dallas

County, Texas; the contracts between the City and DCS were performed in Dallas County; and the

contracts provide for exclusive venue in Dallas County. In addition, the Dissolution Committee

and Alan King are sued in their official capacities and venue is proper against them in Dallas

County because DCS is located in Dallas County.

SOVEREIGN IMMUNITY IS WAIVED OR INAPPLICABLE

26. DCS and the Dissolution Committee are state-created entities. DCS entered into a written

contract with the City to assume the school crossing guard program. Under that contract, the City

provided goods and services including, but not limited to, vehicles, equipment, and materials used

for the program. In addition, the City provided administrative services to DCS, including remitting

and accounting for the City’s child safety trust fund monies and the parties’ joint escrow account,

and other information and data. DCS entered into a written contract with the City to enforce and

administer the City’s school bus stop arm camera ordinance. Under that contract, the City provided

services to DCS including, but not limited to, providing hearing officers and courts to adjudicate

ordinance violations, providing information and data, and the City’s authority to collect fees, fines,

and penalties and through the provision of officers and courts. The contracts were properly

authorized and executed by DCS and the City has performed or was otherwise excused from

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performing. Any condition precedent has been satisfied. Pursuant to Chapter 271, Subchapter I of

the Texas Local Government Code, DCS’s governmental immunity was waived with respect to

each of these contracts and the City seeks the balance due and owed under the contracts.

27. A governmental official has no immunity from a suit in the officer’s official capacity

seeking a declaration that the official has acted outside of his or her constitutional or statutory

authority. See City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009). Therefore, in

addition or in the alternative, the City asserts an ultra vires claim against the Dissolution

Committee and Alan King and seeks declaratory relief as well as temporary and permanent

injunctive relief to prevent the Dissolution Committee from taking illegal action and acting outside

their statutory authority. The Dissolution Committee and Mr. King lack any lawful authority to

cease providing crossing guard services, or to use any of the funds (past, present, or future)

generated by the City’s child safety trust fund remitted to DCS except to maintain the school

crossing guard program.

FACTS

28. Under Texas Local Government Code Chapter 343, the City is responsible for the

provision of school crossing guards to facilitate the safe crossing of streets within the City of Dallas

by children going to school. See Exhibit G. Section 343.014 provides that the governing body of

a municipality “shall provide for the use of school crossing guards” and “shall equip school

crossing guards . . . with all necessary equipment.” Tex. Loc. Gov’t Code § 343.014, See Exhibit

G. The City may contract with one or more school districts to provide school crossing guards.

Id. § 343.012.

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29. Chapter 106 of the Local Government Code requires the collection of certain monies for

children’s safety, including school crossing guards. Id. § 106.001, .002, See Exhibit H. Deposits

of the child safety trust fund monies consist of certain criminal court costs collected, as well as

optional motor vehicle registration fees that may be remitted to the city by a county. Id. § 106.002.

While some counties within the City collect an optional vehicle registration fee for this purpose,

Dallas County does not provide any monies towards the child safety trust fund. This is true even

though Dallas County has the most schools and school children located within the City. Section

106.003 states “[m]oney in this fund shall be used for the purpose of providing school crossing

guard services as provided by Chapter 343.” See Exhibit H.

30. The DCS district provides supporting services and infrastructure, such as school bus

services, to other school districts. In 2012, the City partnered with DCS on two interconnected

public safety programs: the school bus stop arm camera program and the school crossing guard

program. On May 23, 2012, the City passed Ordinance number 28654 (the “Ordinance”), which

amended Chapter 28 of the Dallas City Code to create a civil offense and civil penalty for a vehicle

unlawfully passing a stopped school bus with its stop arm extended and lights flashing and to

provide for photographic enforcement and administrative adjudication of bus stop arm violations.

See Exhibit A-2. As part of the same City Council resolution, the City Manager was directed to

enter into contracts with DCS concerning the two programs. Id.

31. Thus, on May 23, 2012, the City and DCS entered into an interlocal agreement for DCS

to assume the City’s school crossing guard program (the “Crossing Guard ILA”). See Exhibit A.

The Crossing Guard ILA was to be effective from May 23, 2012 for a thirty-year period. See

Exhibit A-1. The services to be provided by each party under the Crossing Guard ILA are set out

in section 3 of the agreement. Id. The City has provided these services. The City has provided

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equipment used by the school crossing guard program to DCS. The City has also provided

administrative support in the collection and distribution of child safety trust fund monies for the

crossing guard program. See Exhibit A. The City collected monies for the child safety trust fund

through fees associated with transportation code violations and motor vehicle registration fees

imposed by Collin and Denton counties, which the City receives. Id. The City deducted 10% for

its administrative costs associated with the crossing guard program and provided DCS with all

remaining child safety trust fund monies to support the cost of the crossing guard program. Id.

DCS agreed to assume the City’s school crossing guard program in accordance with Chapter 343

of the Local Government Code, assume all costs associated with the program, and use its best

efforts to cause Dallas County to adopt the optional vehicle registration fee for the child safety

trust fund. See Exhibit A-1. The City did not and does not receive monies from Dallas County for

the purpose of the child safety trust fund. See Exhibit A.

32. The City and DCS also entered into a second and related interlocal agreement, effective

June 25, 2012, to enforce and administer the school bus stop arm camera program (the “Stop Arm

Camera ILA”). See Exhibit A-2. The services to be provided by each party under the Stop Arm

Camera ILA are set out in section 3 of the agreement. Id. The City designated hearing officers to

administratively adjudicate violations of the stop arm Ordinance, designated municipal courts to

handle appeals from the hearing officers, and jointly developed and implemented a plan with DCS

regarding the stop arm program. See Exhibit A. The term of the agreement was expanded to thirty

years. See Exhibit A-2.

33. The services provided by DCS include purchasing, installing, and operating video

equipment on school buses to capture violations of the Ordinance; designating DCS peace officers

to review recorded images to determine violations; generating citations and notifying vehicle

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owners of violations; collecting and distributing the civil penalties, fines, and costs; providing

reports to the City; providing testimony and evidence at appeal hearings; and jointly developing

and implementing a plan with the City regarding the stop arm program. See Exhibit A-2.

34. Section 4 of the Stop Arm Camera ILA provides that, for each $300 stop arm camera

ticket: (a) DCS would collect and receive the penalties; (b) $50 of each violation collected is to be

deposited into a joint escrow account to cover future unbudgeted expenses incurred by DCS or the

City regarding the stop arm program; (c) $245 of each violation collected is to be retained by DCS

to cover the expense of the program; (d) $5 of each violation collected, up to $100,000 annually,

is to be paid by DCS to the City to cover the City’s operating expenses of the stop arm program;

and (e) if the stop arm revenue collected by DCS exceeds operating expenses for the program, any

additional revenue is to be shared equally between the City and DCS. See Exhibit A-2.

35. Section 4.B. of the Stop Arm Camera ILA was revised on May 13, 2015 in Supplement

2 to read as follows:

$50 of each violation collected shall be deposited into a joint escrow account to
cover future unbudgeted expenses incurred by the City or DCS with respect to
the Stop Arm Camera Program, the Ordinance, or the School Crossing Guard
Program, established between the City and DCS on May 23, 2012, under
authority of Resolution No. 12-1388, adopted by the City Council on May 23,
2012. The escrow account will be a separate bank account maintained by DCS.
At the end of each Fiscal Year, DCS shall account for and report all transactions
in the escrow account to the City. Expenditures may only be made from this
account upon mutual prior written approval from both the DCS Superintendent
and the City Manager or his or her designee(s) of what the expenditures will
entail. In no event shall the balance of the escrow account ever fall below
$250,000.00. Should this agreement terminate or the Stop Arm Camera Program
end, DCS and City shall equally split the receipts in the escrow account after all
previously-approved expenses have been paid in full.

See Exhibit A-4. Supplement 2 to the Stop Arm Camera ILA amended the Stop Arm

Camera ILA so that the escrow funds would support unbudgeted expenses for the crossing guard

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program and include a minimum amount at all times that is to remain in the escrow account. See

Exhibit A.

36. Right now, the school crossing guard program has over 400 school crossing guard

positions for different schools within the City to safeguard the safety of the school children of

Dallas County. Id. The school crossing guard program has been funded by the City’s child safety

trust fund monies, the stop arm camera program, and the escrow account.

37. In the last legislative session, the Texas Legislature enacted two nearly identical acts

concerning DCS, S.B. 2065 and S.B. 1566. See Exhibits E and F. Under these statutes, the voters

of Dallas County were given the option to continue or dissolve DCS. On November 7, the voters

opted for dissolution. Under the terms of the statutes, the Dissolution Committee was appointed

and charged with determining the manner in which the assets and liabilities of DCS are to be

divided or transferred. For contracts for transportation services, the Dissolution Committee is to

wind down the contracts but must continue to provide transportation services to school districts

until the end of the 2017-2018 school year and must “maintain current operations and personnel

needed to provide the transportation services.” Additionally, the Dissolution Committee is to

create a sinking fund and deposit all money received in the abolishment of DCS “for the payment

of all debts” of DCS. The Dissolution Committee ceases to exist only when “all debts” of DCS

“are paid in full and all assets distributed to component school districts.” The Legislature did not

define transportation services in the dissolution statutes, but clearly intended that school crossing

guards were a transportation service since the statutory provisions defining school crossing guards,

for the training of crossing guards, and for violations of crossing guards’ orders are located in the

Transportation Code. See Tex. Trans Code, §§ 541.001, 542.501, 600.004. See Exhibits I, J and

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K. Furthermore, the term transportation is generally defined as the movement of people or goods

from one place or another. See Black’s Dictionary (10th ed. 2014). School crossing guards provide

the critical service of safely transporting children through streets and intersections.

38. On December 11, 2017, City staff met with Alan King and Dissolution Committee staff

to discuss the school crossing guard program currently administered by DCS. At that meeting, the

City learned that the Dissolution Committee intended to stop performing the obligations of DCS

under the Crossing Guard ILA. Also at that meeting, Alan King stated that DCS was still receiving

revenue from the stop arm camera program. See Exhibit A.

39. On December 14, 2017, City Manager T.C. Broadnax sent Alan King a letter in which he

stated the City had confirmed the current balance in the joint escrow account established under the

Stop Arm Camera ILA was $249,496.60, the balance was significantly less than it should be, and

requested that such balance be transferred to the City. The Broadnax letter also requested an

accurate accounting of the amounts owed to the City for the adjudication of the stop arm citations

and a return of equipment provided to DCS for the crossing guard program. See Exhibit B.

40. On December 18, 2017, the Dissolution Committee decided to no longer provide the

school crossing guards after January 31, 2018. See Exhibit A. The City has not received a written

notice of termination of the Crossing Guard ILA per the contract’s terms from the Dissolution

Committee.

41. On December 19, 2017, Alan King sent an email to Mr. Broadnax and others in which he

stated that “the use of available resources is limited by law to the safe and reliable transportation

services for our component districts” and that the City’s requests “do not meet this definition” and

further that he does “not have the authority to disperse or distribute assets in the manner requested.”

See Exhibit C.

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42. A spreadsheet provided by the Dissolution Committee to the City reflected a balance

owed to the City for stop arm citations as of December 11, 2017 of $118,831.64. See Exhibit A-5.

Financial documents publicly provided at the Dissolution Committee’s December meeting(s)

shows that “Current Collections [for stop arm tickets] are around $185,000 per month” and reflects

that actual 2017 revenue from stop arm tickets is $3,549,198.12, with budgeted 2018 revenue from

the program of $2,822,030.00. See Exhibit D.

43. Thus, on information and belief, DCS is continuing to receive revenue from the City’s

stop arm camera ticket program, which is authorized by the City’s Ordinance and which revenue

was intended to support the City’s school crossing guard program. See Exhibit A. That revenue

stream, if it continues to exist, as well as the escrow account and the child safety trust fund monies,

are not the property of DCS or the Dissolution Committee to be disbursed to other creditors of

DCS or to pay ongoing operational expenses of DCS, particularly now that the Dissolution

Committee has announced the discontinuation of the crossing guard program.

44. Plaintiff attaches the exhibits and affidavits and incorporates them in support of this

application for injunctive relief.

COUNT 1 – BREACH OF CONTRACT

45. The City and DCS are parties to two valid, interconnected, and enforceable contracts, the

Crossing Guard ILA and the Stop Arm Camera ILA.

46. The Crossing Guard ILA is a written contract that states the essential terms of the goods

or services to be provided. Those goods or services are described in paragraph 31 of this petition.

The Crossing Guard ILA was properly executed on behalf of DCS by its Superintendent and on

behalf of the City by its City Manager or designee and was approved by the Dallas City Council.

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47. The Stop Arm Camera ILA is a written contract that states the essential terms of the goods

or services to be provided. Those goods or services are described in paragraphs 32 – 34 of this

petition. The Stop Arm ILA and its two supplements were properly executed on behalf of DCS by

its Superintendent and on behalf of the City by its City Manager or designee and were approved

by the Dallas City Council.

48. The City has standing to assert the breach of contract claim.

49. The City has performed its responsibilities under the terms of the contracts.

50. DCS and the Dissolution Committee have informed the City that on January 31, 2018,

defendants will stop providing school crossing guards, thereby breaching DCS’s contractual

obligation to the City under the Crossing Guard ILA. Additionally, Defendants have breached or

will breach the Crossing Guard ILA by: failing to assume all costs of the crossing guard program

for the term of the contract; failing to use child safety trust fund monies remitted to DCS by the

City for the crossing guard program; failing or refusing to return to the City child safety trust fund

monies required to be used for the crossing guard program; and failing or refusing to use funds

generated by enforcing the City’s school bus stop arm camera ordinance for the school crossing

guard program.

51. The Dissolution Committee has also informed the City that it does not intend to refund

or repay any of the funds paid to DCS by the City or obtained through the City’s stop arm camera

or crossing guard programs, and on information and belief, it intends to continue to collect

revenues for violations of the City’s stop arm Ordinance, thereby breaching DCS’s contractual

obligations to the City under the Stop Arm Camera ILA. Additionally, Defendants have breached

or will breach the Stop Arm Camera ILA by: failing to maintain the required balance in the joint

escrow account to cover unbudgeted expenses for the crossing guard program; failing to maintain

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a minimum balance of $250,000 in the joint escrow account; using, transferring, or allocating funds

in the joint escrow account without the prior written approval of the City; using, transferring, or

allocating revenue collected for violations of the City’s stop arm Ordinance for operating expenses

or other expenses or liabilities of DCS and without the City’s approval or consent; failing or

refusing to pay to the City the amounts owed and due to the City from the joint escrow account;

and failing or refusing to pay to the City the amounts owed and due to the City as expenses for

adjudication of the stop arm citations.

52. Defendants’ breaches of the contracts will cause the City injury by creating an unfunded

school crossing guard program, by depriving the City of funds already collected and to be collected

by DCS and Defendants designated for funding the school crossing guard program, by using or

transferring funds required to be held in a joint escrow account and/or returned to the City; and by

failing to give the City sufficient notice to hire an appropriate number of school crossing guards

and to implement a crossing guard program to ensure the safety of the school children of Dallas

County. DCS’s and the Dissolution Committee’s breaches will also cause losses and damages in

the amount of the sums due and owed the City under the contracts.

COUNT 2 – DECLARATORY JUDGMENT

53. This claim also arises under Chapter 37 of the Texas Civil Practice & Remedies Code,

particularly section 37.004(a), and the common law of this state. Section 37.004(a) of the Texas

Civil Practice & Remedies Code provides: “A person . . . whose rights, status, or other legal

relations are affected by a statute, [or] contract, . . . may have determined any question of

construction or validity arising under the . . . statute, [or] contract . . . and obtain a declaration of

rights, status, or other legal relations thereunder.” Section 37.011 of the Texas Civil Practice &

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Remedies Code authorizes the Court to grant supplemental relief in the nature of injunctive relief

if “necessary or proper,” particularly if it appears that a defendant will not comply with the

declaratory judgment.

54. The actions of the Dissolution Committee and Mr. King are contrary to and beyond their

legal authority and/or they have failed to perform a purely ministerial act.

55. The City seeks and is entitled to declarations, either collectively or in the alternative:

A. that, under S.B. 1566 and S.B. 2065, the crossing guard program in the City is a

transportation service and the Dissolution Committee and Mr. King cannot cease

providing crossing guards until July 2018.

B. that, under § 106.003 of the Local Government Code, the Dissolution Committee

and Mr. King may not use, transfer, or otherwise allocate the funds received at any

time from the City’s child safety trust fund for any purpose other than providing

school crossing guard services.

APPLICATION FOR TEMPORARY RESTRAINING ORDER

56. To obtain a temporary injunction, the applicant must plead and prove three specific

elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and

(3) a probable, imminent, and irreparable injury in the interim. Butnaru v. Ford Motor Co., 84

S.W.3d 198, 204 (Tex. 2002).

57. The City asks the Court to enjoin DCS and the Dissolution Committee and its CEO from

discontinuing the City’s school crossing guard program as set forth in the Crossing Guard ILA

until July 2018.

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RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
PAGE 16
58. The City asks the Court to compel DCS and the Dissolution Committee and its CEO to

use the funds in the City/DCS joint escrow account and incoming revenues from the City’s stop

arm camera program to fund the school crossing guard program as a transportation service under

the dissolution provisions in S.B.1566 and S.B. 2065.

59. The City asks the Court to enjoin the distribution of funds from the City’s stop arm camera

program, the City/DCS joint escrow fund, and the City’s Child Safety Trust Fund for any purpose

other than continuing the operation of the school crossing guard program through July 2018 and

without the City’s express written approval and consent, or alternatively, only by the Order of this

Court.

60. It is probable that the City will prevail after a trial on the merits because DCS will be in

breach of the contracts if it does not continue the school crossing guard program, use the funds

remitted to it from the City’s child safety trust fund to pay for the crossing guard program, or stop

collecting revenue from the City’s stop arm camera program and using such revenue for any

purpose without the City’s express approval and consent. It is probable that the City will prevail

after a trial on the merits because the Dissolution Committee and/or Alan King have no discretion

on how to use the funds provided by the City. Any action or use of those funds will be ultra vires.

61. If the City’s application is not granted, harm is imminent because the funding for the

school crossing guard program will be spent on other DCS expenses and the school crossing guard

program will be in jeopardy. The harm is imminent because there is insufficient time to locate,

hire, and fund school crossing guards before the resumption of public school in January 2018.

62. The harm that will result if the temporary restraining order is not issued is irreparable

because the funds allocated for the school crossing guard program will be depleted. The harm is

irreparable because the children of Dallas will not have the benefit of school crossing guards.

THE CITY OF DALLAS’S ORIGINAL PETITION & APPLICATION FOR TEMPORARY


RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
PAGE 17
63. The City has no adequate remedy at law because DCS is insolvent.

64. The City is not required to post bond. However, if such bond is required, the amount

should be minimal because this action is brought in the public’s interest

REQUEST FOR TEMPORARY INJUNCTION

65. The City asks the Court to set its application for temporary injunction for a hearing and,

after the hearing, issue a temporary injunction against DCS, the Dissolution Committee, and its

CEO.

66. The City has joined all indispensable parties under Texas Rule of Civil Procedure 39.

REQUEST FOR PERMANENT INJUNCTION

67. The City asks the Court to set its request for a permanent injunction for a full trial on the

merits and, after the trial, issue a permanent injunction against DCS and the Dissolution Committee

and its CEO.

ATTORNEY’S FEES

68. Pursuant to Section 37.009 of the Texas Civil Practice & Remedies Code, the City

requests that it be awarded recovery of its costs and reasonable and necessary attorneys’ fees as

appropriate for preparation and trial of this matter and all appeals against all defendants.

REQUEST FOR DISCLOSURES

69. The City requests each defendant to disclose in writing all the information described in

Rule 194.2 of the Texas Rules of Civil Procedure to the City within 50 days of service of this

petition.

THE CITY OF DALLAS’S ORIGINAL PETITION, & APPLICATION FOR TEMPORARY


RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
PAGE 18
PRAYER

70. For these reasons, the City asks that defendants be cited to appear and answer and, on

final trial, that the City be awarded a judgment against defendants for the following:

a. Temporary restraining order.

b. Temporary injunction.

c. Permanent injunction.

d. All other relief to which the City is entitled.

Respectfully submitted,

CITY ATTORNEY OF THE CITY OF DALLAS

Larry E. Casto
City Attorney

By s/ Stacy J. Rodriguez
Stacy Jordan Rodriguez
Executive Assistant City Attorney
Texas Bar No. 11016750
Email: stacy.rodriguez@dallascityhall.com

Charles S. Estee
Senior Assistant City Attorney
Texas Bar No. 06673600
Email: charles.estee@dallascityhall.com

Amy I. Messer
Senior Assistant City Attorney
Texas Bar No. 00790705
Email: amy.messer@dallascityhall.com

Sonia T. Ahmed
Assistant City Attorney
THE CITY OF DALLAS’S ORIGINAL PETITION & APPLICATION FOR TEMPORARY
RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
PAGE 19
Texas Bar No. 24082605
Email: sonia.syed@dallascityhall.com

7DN Dallas City Hall


1500 Marilla Street
Dallas, Texas 75201
Telephone: 214-789-6804
Facsimile: 214-670-0622

ATTORNEYS FOR PLAINTIFF

TRANSFER UNDER CIVIL COURTS OF DALLAS COUNTY LOCAL RULE 1.06

I, Stacy J. Rodriguez, certify, that to the best of my knowledge this case is not subject to
transfer under Dallas County Civil Court Local Rule 1.06.
/s/Stacy J. Rodriguez
Stacy J. Rodriguez

CERTIFICATE OF CONFERENCE

An emergency exists of such a nature that further delay would cause imminent, irreparable
harm to the movant because the funding for the school crossing guard program will be spent on
other DCS expenses and the school crossing guard program will be in jeopardy. The harm that will
result if the temporary restraining order is not issued is irreparable because the funds allocated for
the school crossing guard program will be depleted. After filing this action, the law firm of
Thompson and Horton, counsel for the Dissolution Committee, will be contacted by telephone and
a copy of this petition will be emailed to them and advised of any hearing seeking injunctive relief.

/s/Stacy J. Rodriguez
Stacy J. Rodriguez

THE CITY OF DALLAS’S ORIGINAL PETITION, & APPLICATION FOR TEMPORARY


RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION
PAGE 20
Exhibit A
CAUSE NO.
---------
THE CITY OF DALLAS, § IN THE DISTRICT COURT
Plaintiff
Plaintiff §
§
nVS. §
§
DALLAS COUNTY SCHOOLS; §
MIKE MOSES (Chair), In His
(Chair), In Official
His Official §
Capacity;
Capacity; MICHAEL HINOJOSA, In His
In His §
Official Capacity;
Official Capacity; MATT BOLES, In In His
His §
Official Capacity;
Official Capacity; CHUCK YAPLE, In In §
His Official
His Official Capacity;
Capacity; CELINA MILLER, §
In
In Her Official Capacity; ROBERT
Official Capacity; §
DRANSFIELD, In In His
His Official Capacity;
Official Capacity; §
mwmmmmfim@WWWWWWWWWWWWWWWWW
DALLAS
DALLASCOUNTY,TEXAS
COUNTY, TEXAS
JOSE PARRA, In In His
His Official
Official Capacity;
Capacity; §
GREG BUCHANAN, In In His Official
His Official §
Capacity; KELLIE SPENCER, In
Capacity; In Her §
Official Capacity;
Official Capacity; BRENT RINGO, In In His §
Official
Oflicial Capacity;
Capacity; SANDRA HA YES, In
HAYES, In §
Her Official
Official Capacity;
Capacity; BOBBY BURNS, §
In
1n His Official
Official Capacity;
Capacity; BOBBY §
LABORDE, In In His Official Capacity;
His Official Capacity; §
DEREK CITTY, In In His Official
Official Capacity;
Capacity; §
AND ALAN KING, In In His
His Official
Official §
Capacity.
Capacity. §
Defendants
Defendants § JUDICIAL DISTRICT

AFFIDAVIT OF DONZELL GIPSON

STATE OF TEXAS §
§
COUNTY OF DALLAS §

BEFORE ME, the


the undersigned
undersigned authority,
authority, personally
personally appeared
appeared Donzell
Donzell Gipson,
Gipson, who,
who, after
afier

being
being duly
duly sworn,
sworn, deposed upon oath
oath as
as follows:
follows:

My name is
is Donzell Gipson. I
I am over
over the
the age of eighteen,
eighteen, of sound mind,
mind, and am fully
fully

authorized
authorized and
and legally
legally competent
competent to
to make this affidavit. II have
this afiidavit. have personal
personal knowledge of
of the
the facts
facts

stated herein and they


stated herein they are
are all
all true
true and
and correct.
correct.

AFFIDAVIT OF DONZELL GIPSON-


GIPSON Page
Page l1
1.
1. II am employed
employed as
as an
an Assistant
Assistant Director
Director for
for the
the Financial
Financial and
and Contract
Contract Management

Divisions
Divisions of
of the
the Dallas
Dallas Police
Police Department.
Department. My duties
duties include
include overseeing budget, grant,
overseeing budget, grant,

procurement, contracts,
procurement, contracts, fleet
fleet management, and
and quarter-master.
quarter-master. II have personal
personal knowledge of the
ofthe

interlocal
interlocal agreements between the
agreements between the City
City of Dallas (the
ofDallas (the "City")
“City”) and
and Dallas
Dallas County
County Schools
Schools ("DCS")
(“DCS”)

for
for the
the stop
stop arm program
program and
and the
the crossing
crossing guard program.
guard program.

2.
2. The City
City and
and DCS entered
entered into
into an
an interlocal
interlocal agreement
agreement (the
(the "Crossing
“Crossing Guard ILA"),
ILA”),

effective
effective on May 23,
23, 2012,
2012, where DCS assumed
assumed the
the City's
City’s crossing
crossing guard program in
guard program in accordance
accordance

with
with Texas
Texas Local
Local Government Code Chapter
Chapter 343.
343. Attached
Attached Exhibit
Exhibit 1.
l.

3.
3. The City
City and
and DCS entered
entered into
into an
an interlocal
interlocal agreement,
agreement, effective
effective on June
June 25,
25, 2012,
2012, to
t0

enforce
enforce and administer
administer Ordinance
Ordinance Number 28654,
28654, which provides
provides for
for a
a civil penalty for
civil penalty for a
a vehicle
vehicle

that passes aa stopped


that passes stopped school bus with
school bus with its
its stop
stop arm extended
extended and
and lights
lights flashing
flashing in
in violation
violation ofTexas

Transportation
Transportation Code section
section 545.066
545.066 (the
(the "Stop
“Stop Ann
Arm Camera ILA").
ILA”). Attached
Attached Exhibit
Exhibit 2.
2.

4.
4. A first
first supplement
supplement ("Supplement
(“Supplement 1") to
l”) to the
the Stop
Stop Arm Camera ILA was executed by both
executed by both

the
the City
City and
and Dallas
Dallas County
County Schools
Schools on December 3,
3, 2012.
2012. Attached
Attached Exhibit
Exhibit 3.
3.

5.
5. A second
second supplement
supplement ("Supplement
(“Supplement 2")
2”) to
to the
the Stop
Stop Arm Camera ILA was executed by
executed by

both the
both the City
City and
and Dallas
Dallas County
County Schools
Schools on May 13,
13, 2015.
201 5. Attached
Attached Exhibit
Exhibit 4.
4.

6.
6. As part
part of the
the Crossing
Crossing Guard ILA,
ILA, DCS assumed all
all costs
costs associated
associated with
with the
the crossing
crossing

guard pro gram.


guard program.

7.
7. The City provided equipment
City provided used by
equipment used by the
the school
school crossing
crossing guard program to
guard program to DCS. (Exhibit
(Exhibit

1,
1, appendix
appendix A).
A).

8.
8. The City
City also provided administrative
also provided support in
administrative support in the
the collection
collection and
and distribution
distribution of Child
Child

Safety
Safety Trust
Trust Fund monies
monies for
for the
the crossing
crossing guard program.
guard program.

AFFIDAVIT OF DONZELL GIPSON-


GIPSON Page 22
9.
9. The City
City collected
collected monies for
for the
the Child
Child Safety
Safety Trust
Trust Fund through
through fees
fees associated
associated with
with

transportation
transponation code violations
violations and
and motor vehicle
vehicle registration
registration fees
fees imposed by Collin
imposed by Collin and
and Denton

Counties,
Counties, which the
the City
City receives.
receives.

10.
10. The City
City did
did not
not and
and does
does not
not receive
receive monies from
fiom Dallas
Dallas County
County for
for the purpose of the
the purpose the

Child
Child Safety
Safety Trust
Trust Fund.
Fund.

11.
ll. The City
City deducted
deducted 10% for
for its
its administrative
administrative costs
costs associated
associated with
with the
the crossing
crossing guard
guard

program and
program provided
and provided DCS with
with all
all remaining
remaining funds
funds from
fiom the
the Child
Child Safety
Safety Trust
Trust Fund to
to support
support

cost
cost of the crossing
ofthe crossing guard program.
guard program.

12.
12. As part
part of
of the
the Stop
Stop Arm Camera ILA,
ILA, the
the City
City designated
designated hearing
hearing officers
officers to
to

administratively
administratively adjudicate
adjudicate violations
violations of the
the stop
stop arm Ordinance,
Ordinance, designated
designated municipal
municipal courts
courts to
to

handle
handle appeals
appeals from
fiom the
the hearing
hearing officers,
officers, and jointly developed
and jointly developed and
and implemented
implemented a plan with
a plan with DCS

regarding
regarding the
the stop
stop arm program.
program.

13.
l3. As stated
stated in paragraph two of Supplement 22 to
in paragraph to the
the Stop
Stop Arm Camera ILA,
ILA, $50 of
0f each
each

violation
violation of the bus
ofthe bus stop
stop arm,
arm, would be
be collected
collected and
and deposited
deposited into
into a joint escrow
a joint escrow account
account to
to cover
cover

future
future unbudgeted expenses
expenses incurred by the
incurred by the City
City or
or DCS with
with respect
respect to
to Stop
Stop Arm Camera

Program,
Program, the
the Ordinance,
Ordinance, or
or the
the School
School Crossing
Crossing Guard
Guard Program.
Program. Further,
Further, the
the Stop
Stop Arm Camera

ILA states,
states, expenditures
expenditures may only be made from
only be fiom this
this account
account upon mutual prior written
mutual prior written approval
approval

from both the


fi'om both the DCS Superintendent
Superintendent and
and the
the City
City Manager or
or his
his or
or her
her designee(s)
designee(s) of what
what the
the

expenditures
expenditures will
will entail.
entail. Should
Should this
this Agreement terminate
terminate or
or the
the Stop
Stop Arm Camera Program end,
end,

DCS and
and City
City shall
shall equally
equally split
split the
the receipts
receipts in
in the
the escrow
escrow account
account after
after all
all previously-approved
previously-approved

expenses
expenses have been
been paid
paid in
in full.
full.

14.
14. Paragraph
Paragraph two of
0f Supplement
Supplement 2
2 to
to the
the Stop
Stop Arm Camera ILA also
also states
states that
that a
a minimum

balance of $250,000
balance $250,000 is
is to
to remain
remain in
in the
the escrow
escrow account.
account.

AFFIDAVIT OF
0F DONZELL GIPSON-
GIPSON— Page
Page 3
3
15.
15. Supplement 22 to
to the
the Stop
Stop Arm Camera ILA intended
intended to
to amend language
language to
to the
the Stop
Stop Arm

Camera ILA so
so that
that the
the escrow account
account funds
funds would support
support unbudgeted expenses for
for the
the crossing
crossing

guard program and


guard program and include
include a
a minimum amount at
at all
all times
times that
that is
is to
to remain
remain in
in the
the escrow
escrow account.
account.

16.
16. On December 11,
1, 2017,
1201 7, City
City staff
stafi met with Alan King and Dissolution
Dissolution Committee staff to
staffto

discuss the school


discuss the school crossing guard program currently
crossing guard currently administered
administered by
by DCS. At
At that meeting, the
that meeting, the

City
City learned
learned that
that the
the Dissolution
Dissolution Committee intended
intended to
to discontinue the school
discontinue the school crossing
crossing guard

program before
before the end of
the end the school
ofthe school year, and further
year, and further that
that the
the Dissolution
Dissolution Committee intended
intended to
to

stop performing
stop perfonning their
their obligation under the
obligation under the Crossing
Crossing Guard ILA.
ILA. The City
City was also informed that
also informed that

DCS had 404 crossing


had 404 crossing guard
guard positions
positions within
within the City of Dallas
the City Dallas limits.
limits. In
In addition,
addition, a spreadsheet
a spreadsheet

provided by the
provided by the Dissolution
Dissolution Committee to
to the
the City
City reflected
reflected aa balance
balance owed to
to the
the City
City for
for the
the

stop
stop arm program as
as of December 11,
11, 2017
201 7 of
of $118,831.64.
$1 18,83 1 .64. Attached
Attached Exhibit
Exhibit 5.
5.

17.
17. At the
At the December 11,
ll, 2017
201 7 meeting
meeting with
with DCS, Alan King stated
stated that
that DCS was still
still

receiving
receiving revenue
revenue from
fi'om the
the stop
stop arm program.
program.

18.
18. On December 18,
18, 2017, the Dallas
2017, the Dallas County Schools
Schools Dissolution
Dissolution Committee decided
decided to
to

terminate
terminate its responsibilities
its responsibilities under the
the crossing
crossing guard program on
guard program on January
January 31,
31, 2018.
20] 8.

19.
19. On December 19,
19, 2017,
2017, Dallas
Dallas County
County Schools
Schools representative
representative Alan King,
King, notified
notified the City
the City

that
that Dallas
Dallas County
County Schools
Schools would not provide the
not provide the City
City funds
funds in
in the escrow account
the escrow account due to the
due to the

City.
City.

0~~
2w“Donzell
Donzeil Gipson
Grigson

BEFORE ME, the


the undersigned notary, on this
undersigned notary, this ~ a 7day
day of
of December 2017,
2017, personally
personally appeared
appeared

Donzell
Donzell Gipson,
Gipson, known to
to me to
to be
be the
the person
person whose name is
is subscribed
subscribed to
to the
the foregoing
foregoing

AFFIDAVIT OF DONZELL GIPSON-


GIPSON Page
Page 4
instrument
instrument and acknowledged

therein
therein expressed.

MY
expressed.

DEBBIE
Deanne HOSKINS
Hosmns
MY COMMISSION
COMMISSION EXPIRES
Jammie
~26,2018
EXPIRES W
acknow Iedged to
to me that

NOTARY
NOT~
that they

P
executed the
they executed

' tMa;
\

k
the same for

_/ . .
for the
the purposes

LIC IN AND FOR THE STATE OF


purposes and

0F TEXAS
and consideration
consideration

AFFIDAVIT OF
0F DONZELL GIPSON Page
Page 5
5
COUNCIL CHAMBER

12-1388
?'—
May 23, 2012

WHEREAS, DaUas County Schools and the City of Dallas, Texas are each political
subdivisions of the State of Texas; and

WHEREAS, on May 23, 2012, the City Council passed Ordinance No.._——_. 28654 , which
amended Chapter 28 of the Dallas City Code to create a civil offense and a civil penalty
for unlawfully passing a stopped school bus with its stop ann extended and red lights
flashing, with certain defenses and presumptions, and to provide for photographic
enforcement and administrative adjudication of school bus stop ann violations (the
Automated School Bus Stop Arm Enforcement Program); and

WHEREAS, Dallas County Schools owns and operates school buses in the City and
has installed video equipment on those school buses in order to capture potential
violations of Ordinance No. “P—
28654 ; and

WHEREAS, under Texas Local Government Code, Section 343.011 through 343.013, a
municipality with a population of more than 850,000 may contract with one or more
school districts to provide school crossing guards; and

WHEREAS, it has been detennined that it is in the best interest of the citizens of Dallas
for the City and Dallas County Schools to enter into agreements for the enforcement
and administration of the Automated School Bus Stop Ann Enforcement Program
P_—
(established by Ordinance No. 28654 } and for Dallas County Schools to assume
responsibility of the School Crossing Guard Program;

Now, Therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1. That the City Manager Is hereby authorized to enter into (1) an lnter1ocal
Agreement with Dallas County Schools to administer and enforce the Automated
School Bus Stop Ann Enforcement Program (established by Ordinance No. .__—_ -----
28654 );
and (2) an lnter1ocal Agreement with Dallas County Schools to administer the School
Crossing Guard Program.

Section 2. That the City Manager Is hereby authorized to execute the agreements after
they have been approved as to fonn by the City Attorney.

Section 3. That this resolution shall take effect immediately on and after its passage in
accordance with the provisions of the Charter of the City of Dallas, and it is accordingly
so resolved.

APPROVED BY
CITY COUNCIL
Exhibit A-1
MAY 2 3 2012

c?.4?.,
Ac,,.yreecretary
.s
0F TEXAS
STATE OF

0F DALLAS
COUNTY OF

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION OF THE


SCHOOL CROSSING GUARD PROGRAM
BETWEEN
DALLAS COUNTY SCHOOLS
AND
THE CITY OF DALLAS, TEXAS

WHEREAS, DallasDalias County


County Schools
Schools ("DCS'')
(“DCS”) and the City
and the City of
0f Dallas, Texas (the
Dailas, Texas (the "City") are each
“City”) are each
political
political subdivisions
subdivisions of the State
ot’thc State of Texas; and
ofTexas;

WHEREAS. under
WHEREAS, under Texas Local
Local Government Code Chapter
Chapter 343,
343, aa municipality
municipality with
with aa
population of
population than 850,000
of more than 850,000 may contract
contract with one or
with one or more school
school districts
districts to
to provide
provide
school
schoo! crossing
crossing guards;
guards; and

WHEREAS, DCS and and the


the. City
City desire to enter
desire t0 enter into
into an agreement to
an agreement to transfer
transfer the
the City's
City’s School
School
Crossing
Crossing Guard Program t0
to DCS; and

THEREFORE, DCS and


NOW, THEREFORE. the City
and the City enter
enter into
into this
this Agreement pursuant
pursuant to
to the
the authority
authority of
0f
Texas Government Code Chapter
Chapter 791,
791, and
and Texas Local
Local Government
Governmant Code Chapter
Chapter 343,
343, for the
for the
administration
administration of the
the School
School Crossing
Crossing Guard Program.
Program.

1.
l. TERM

This
This Agreement shall be effective
shall be effective May 23,23, 2012
20l2 (the
(the "Effective Date") and shall
“Effective Date”) shall continue
continue for
for a
a
thirty
thirty (30)
(30) year
year period
period from
from through
through June 24,24, 2042 (the
(the "Initial Term"). Prior
“Initial Term”). Prior to
to the
the expiration
expiration of
0f
the
the Initial
Initial Term,
Term, either
either party
party may notify
notify the other in
the other in writing
writing of
0f its desire to
its desire t0 renew this
this Agreement
Agreement
or
0r renegotiate
renegotiate its
its terms.
tenns. Any renewal
renewal requires
requires execution
execution of a a mutually
mutually acceptable
acceptable amendment to t0
the
the Agreement.
Agreement. A renewal
renewal term
term may not not cover
cover more than
than ten
ten ((10)
10) years,
years, and
and the
the total
total period
period of
this
this Agreement,
Agreement, including
including thethe Initial Tenn and
Initial Term and any renewals, may not
any renewals, not exceed
exceed a a maximum
combined period
period of fifty {50)
offifiy (50) years.
years.

2.
2. RELATIONSHIP OF THE PARTIES

Each party
party is
is acting
acting independently
independently of 0f the other, and
the Other, and neither
neither is
is an
an agent,
agent, servant,
servant, employee,
employee, or 0r
joint venture
joint venture partner
paflner of
0f the other.
the other. The patties
parties represent
represent and
and warrant
warrant that
that they
they have,
have. or
0r will
will secure
secure
at their own expense,
at their expense, all
all personnel and consultants
personnel and consultants required to provide
required t0 provide the
the services
services under
under this
this
Agreement and have contracted,
contracted, or0r will
will contract, with any
contract, with any necessary
necessary third-party
third—party vendors
vendors to t0
provide the
provide the services in accordance
services in accordance with
with Section
Section 3
3 herein. No officer
herein. N0 officer or0r member of 0f the
the governing
governing
body of
body the City
0f the or DCS shall
City 0r shall participate
participate in any decision
in any relating to
decision relating to this
this Agreement that
that affects
affects
his
his or her personal
0r her personal interest,
interest, nor
nor shall
shall any
any such
such officer
officcr oror member of the City
0f the City or
or DCS havehave any
any
pecuniary
pecuniary interest
interest in
in this
this Agreement or 0r any
any part
pan thereof
thereof.

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS PAGE 1 l
3.
3. SCOPE OF SERVICES/RESPONSIBILITIES OF THE PARTIES

A. RESPONSIBILITIES OF DCS. DCS agrees to:


t0:

I.
l. Assume thethe City's
City‘s School Crossing Guard Program (the
(the ''Program")
“Program”) in
in

accordance with
with Texas Govemmcm Code Chapter 343 upon execution
Local Government
of this Agreement.
OHhis

2. Offer
Offer at-will
at‘will employment to existing Program employees meeting DCS
to ex1stmg

background check requirements and needs upon execution of 0f this


this Agreement.

As aa part-time
part—time position,
position, the
the School Crossing Guard position
position is
is exempt from

paying
paying Social Security
Social Security and shall continue to be
shall continue to be exempt upon transfer to DCS
transfer to
DCS’
to DCS' 218
pursuant to 21 8 Agreement with
with the
the State
State of Texas exempting part-time
employees from paying
paying Social
Social Security;
Security;

3. Assume all
all costs
costs associated
associated with the
the Program;
Program; and

4. Use its
its best
best efforts
efforts to
t0 cause Dallas
Dallas County to
to adopt the
the state-authorized
state-authorized $1.50
$1 .50
vehicle
vehicle fee
fee for
for the
the Child Safety
Safety Trust
Trust Fund inin accordance with Texas
Transportation
Transportation Code Section
Section 502.403.
502.403,

B. RESPONSIBILITIES OF THE CITY. The City


City agrees to:
to:

I.
1. Distribute
Distribute all
all monies collected
collected from the
the Child Safety
Safety Trust
Trust Fund tot0 DCS in in
accordance with Texas Local Government Code Sections Sections I106.003
06.003 and
343.013,
343.013, not
not to DCS’ costs
to exceed DCS' costs to
to operate
operate the
the Program.
ProgTam. InIn accordance
accordance with
with
Texas Local Government Code Section Section 343.013,
343.013, the
thc City
City may deduct from
the
the Child Safety
Safety Trust
Trust Fund its
its administrative
administrative costs
costs in
in connection with this
this
Agreement, not not to
to exceed ten
ten percent
percent (10%).
(10%). Any surplus
surplus funds
funds from thethe
Child Safety
Safety Trust
Tmst Fund shall
shall be distributed
distributed as
as provided forfor in
in Section
Section 4
herein.
herein.

2. Provide all
all equipment currently
currently used by
by the
the Program to
t0 DCS under mutually
mutually
acceptable
acceptable terms,
terms, as
as further
further outlined
outlined in
in Appendix A.

C. SHARED RESPONSIBILITIES BETWEEN THE CITY AND DCS.

DCS and the the City


City agree to t0 work together
together tot0 mutually
mutually make the the following
following
determinations,
determinations, based solely
solely upon the the safety
safety needs of the the students
students (in
(in the
the event
event
the
the parties
parties are
are unable tot0 come to to agreement as as to
to a
a particular
panicular site,
site, the
the default
default
requirement shall
shall be the
the current
current level,
level, time
time and location
location of service
service in
in each
each such
such
case or,
or. if the particular
ifthe particular site
site is
is not current!
currently y served,
served, at
at a
a level
level comparable to t0 other
other
analogous sites):
sites):

l.
l. Determine
Detcmlinc intersection
intersection selections,
selections, including
including which intersections
intersections will
will remain
open or
0r closed;
closed;
INTERLOCAL AGREEMENT FOR THE ADMINISTRATION
OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS PAGE 22
2.
7 Determine
Dctczminc number of school
school crossing
crossing guards
guards needed per
per intersection;
intersection; and

3.
3‘ Detennine
Determine the
the hours
hours a
a crossing
crossing guard
guard must be
be on
(m post.
post.

4.
4. DISTRIBUTION OF CHILD SAFETY FUND COLLECTIONS

A.
A. In
In accordance
accordance with
with Texas Local
Local Government Code Section
Section I106.003,
06.003, money inin the
the
Child
Child Safety
Safety Trust
Tmst Fund shall
shall be used
used for
for the
the purpose of 0f providing school
school
crossing
crossing guard
guard services
services as
as provided
provided by
by Texas Local
Local Government Code Chapter
Chapter
343.
343. After
After payment
payment of
0f the
the expenses
expenses of
0f the
the Program,
Program, any
any remaining money
("surplus
(“surplus funds")
funds”) in
in the
the Child
Child Safety
Safety Trust
Trust Fund may be used for for programs
designed
designed t0to enhance child
child safety, health, or nutrition,
safety, health, 0r nutrition, including
including child
child abuse
abusc
intervention
intervention and
and prevention
prevention and
and drug and alcohol
alcohol abuse prevention.
prevention.

B. DCS and thethe City


City have
have entered
entered into
into an
an interlocal
interlocal agreement (the
(the "Camera
“Camera ILA")
ILA”)
regarding
regarding the
the Stop Arm Camera Program (the (the "Camera Program")
“Camera Program”) on0n the
the same
date
date as
as this
this Agreement.

1.
l. If
If the
the Child
Child Safety
Safety Trust
Trust Fund in in any
any fiscal
fiscal year
year contains
contains surplus
surplus funds
funds and
the
the Camera ILA is is in
in effect
effect at
at that
that time,
time, such
such surplus
sulplus funds
funds shall
shall first
first be
be used
used
to
to pay
pay DCS and
and the
the City
City for
for any
any otherwise
otherwise non-reimbursed
n0n~reimbursed operating
operating
expenses
expenses of the
the Camera Program that that are
are includable
includahle as
as reimbursable
reimbursable operating
operating
expenses
expenses under
under the
the Camera ILA, ILA, with
with any
any surplus
surplus funds
funds thereafter
thereafter being
being
retained
retained by
by the
the City.
City.

2.
2. If
If the
the Child
Child Safety
Safety Trust
Trust Fund in in any
any fiscal
fiscal year
year contains
contains surplus
suxplus funds
funds and
the
the Camera ILA is is not
not in
in effect
effect at
at that
that time,
time, such surplus
surplus funds
funds shall
shall first
first be
used
used tot0 pay
pay DCS for
for any
any otherwise
othexwise non-reimbursed capital
capital costs
costs of the
the
Camera Program that that are
are included
included asas reimbursable
reimbursable costs
costs under the
the Camera
ILA,
ILA, with
with any
any surplus
surplus funds
funds thereafter
thereafter being
bsing retained
retained by
by the
the City.
City.

C.
C. In
In order
order to
t0 administer
administer the
the terms
tenns of this Agreement, DCS shall
ot‘this shall annually
annually provide
provide
the
the City,
City, prior
prior to
t0 the
the start
start of each
each fiscal
fiscal year,
year, with
with its
its budget
budget for
for the
the Program and,
and,
as
as soon
soon as practicable following
as practicable following the
the end of each
each fiscal
fiscal year,
year. aa report
report of
0f actual
actual
expenses
expenses incurred
incurred in
in connection
connection with
with the
the Program.
Program.

5.
5. TERMINATION

Either party may terminate


Either party terminate this
this Agreement upon breachbreach byby the
the other
other party
party that
that has
has not
not been
been
cured
cured within
within thirty
thirty (30)
(30) days
days after
after receipt
receipt of
0f written
written notice
notice from the
the non-breaching party
party as
as to
t0
such breach.
breach. Either
Either party
pafly may terminate
terminate this
this Agreement at at any
any time
time after
after the
the expiration
expiration of0f
twelve {12)
( 12) months from the the Effective
Effective Date,
Date, upon sixty
sixty (60)
(60) days
days prior
prior written
written notice
notice to
t0 the
the non-
non~
terminating
terminating party.
party. Expiration
Expiration oror termination
termination of this
this Agreement will
will not
not relieve
relieve either
either party
party from
its
its obligations
obligations arising
arising hereunder
hereunder prior
prior to
t0 such
such expiration
expiration or0r termination.
termination. Upon termination
termination of0f this
this

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


0F THE SCHOOL CROSSING GUARD PROGRAM
OF
BETWEEN DCS AND DALLAS PAGE 3
PAGE3
Agreement, all
all Child
Child Safety
Safety Trust
Trust Fund monies accruing
accruing post-termination
post-termination shall
shall be retained
retained by
by
the
the City.
City.

6.
6. NOTICE

Any notice,
notice, demand or 0r request
request required
required or
0r permitted to
to be given under this
this Agreement shall
shall be
deemed given if reduced to writing and delivered in person,
given if reduced t0 writing and delivered in person, shipped by
shipped by overnight delivery by
ovemight delivery by aa
recognized
recognized carrier
carrier such as
as UPS or0r FedEx,
FedEx or 0r deposited
deposited with the
the United States
States Post
Post Office
Office in in the
the
form of certified
certified mail,
mail, postage
postage pre-paid return
return receipt
receipt requested,
requested, to
t0 the
the party
party who isis to
to receive
receive
any
any such notice,
notice, demand or 0r request,
request, at
at the
the respective
respective address
address set
set forth
forth below.
below. Such notice,
notice‘
demand, or
or request
request shall
shall be
be deemed toto have been given upon actual
actual receipt.
receipt.

If
If to
to DCS, to:
to:

Rick D.
D. Sorrells,
Sorrells, Ed.
Ed. D.
D‘
Superintendent
Dallas
Dallas County Schools
612 North Zang Boulevard
Dallas,
Dallas, Texas 75208

If
If to
to the
the City,
City, to:
to:

Dallas
Dallas City
City Manager
Dallas
Dallas City
City Hall
Hall
1500 Marilla
Marilla Street,
Street. 4EN
Dallas,
Dallas, TX 75201

7.
7. LIABILITY

It is
It is understood
understood and agreed
agreed between the the parties
parties that
that each
each party
party hereto
hereto shall
shall be
be responsible
responsible for
for its
its

own actsacts of negligence


negligence in in connection
connection with thisthis Agreement. Where injury injury oror property
property damage
results
results from the joint or
the joint 01' concurrent
concurrent negligence of both parties,
ofboth panics, liability,
liability, if any, shall
ifany, shall be shared
shared by
by
each
each party
party on
0n the
the basis
basis of0f comparative responsibility
responsibility inin accordance
accordance with
With the
the applicable
applicable laws of
the
the State
State of
0f Texas,
Texas, subject
subject to
t0 all
all defenses
defenses available
available to
to them,
them, including
including governmental
governmental immunity.
immunity.
Neither
Neither party
party shall
shall bebe responsible
responsible tot0 the
the other
other party
party for
for any
any negligent
negligent actact or
or omission
omission inin
connection
connection withwith this
this Agreement. These provisions
provisions are
are solely
solely for
for the benefit of
the benefit 0f the
the parties
panics hereto
hereto
and not
not for
for the
the benefit
benefit of 0f any
any person
person or0r entity
entity not
not a
a party
patty hereto;
hereto; nor shall
shall any
any provision
provision herein
herein
be deemed aa waiver of 0f any
any defense
defense available
available by
by law.
law.

8.
8. LAWS AND VENUE
CHOICE OF LA\VS

In providing the
In providing the Services
Services pursuant
pursuant to
lo this
this Agreement, thethe parties
parties must observe
observe and comply with
all
all applicable
applicable federal,
federal, state,
state. and local
local statutes,
statutes, ordinances,
ordinances. rules,
rules, and regulations.
regulations. This
This
Agreement shall
shall be governed by by the
thc laws
laws of
0f the
the State
State of
0f Texas.
Texas. In
In the
the event
event of
0f any
any dispute
dispute that
that
arises
arises pursuant
pursuant to
t0 or
0r in
in connection
connection with this
this Agreement,
Agrccmenl, exclusive
exclusive venue forfor the
the adjudication
adjudication of

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS PAGE 4
PAGE4
such
such dispute
dispute shall
shall lie
lie in
in Dallas
Dallas County,
County, Texas.
Texas. All
All statutes
statutes and laws
laws applicable
applicable to
t0 this
this

Agreement shall
shall apply
apply as
as amended from time to
t0 time.
time.

9.
9. AMENDMENTS AND CHANGES IN
1N THE LAW

This
This Agreement may not not be amended,
amended. modified,
modified, or 0r supplemented unless
unless such amendment,
supplement,
supplement, or or modification
modification is is agreed
agreed tot0 in
in writing
writing and signed
signed by
by each
each of
0f DCS and thethe City.
City,
Any alteration,
alteration, addition,
addition, oror deletion
deletion toto the
the terms
terms of this
this Agreement that
that is
is required
required by
by any
any
change inin federal,
federal, state,
state, or
0r local
local law shall
shall automatically
automatically be deemed incorporated
incomorated herein
herein without
without
written
written amendment to to this
this Agreement, and any any such alteration,
alteration, addition,
addition, or
0r deletion
deletion to
t0 this
this

Agreement shall
shall be effective
effective on the
the date
date such law isis effective.
effective.

10.
10. SEVERABILITY

In
In the
the event
event that
that any part of this
any part this Agreement isis held
held by
by a
a court
court of competent jurisdiction
jurisdiction to
t0 be
be
illegal
illegal or
0r unenforceable,
unenforceable, the
the illegal
illegal or
0r unenforceable
unenforceable portion
portion shall
shall be deemed modified
modified to t0 the
the
extent
extent necessary
necessary tot0 make itit enforceable
enforceable under applicable
applicable law,
law, and the
the remainder of 0f the
the
provisions
provisions inin the
the Agreement shall
shall remain in
in full
full force
force and effect
effect in
in accordance with
With their
their
respective
respective terms.
terms.

11.
ll. ENTIRE AGREEMENT

This
This Agreement represents
represents the
the entire
entire agreement between DCS and thethe City
City with
with respect
respect to
t0 the
the
subject
subject matter
matter hereof,
hereof, and supersedes
supersedes any
any prior
prior or
or contemporaneous agreements,
agreements, whether written
written
or
0r oral,
oral, with respect
respect to
t0 such subject
subject matter.
matter.

12.
12. BINDING EFFECT

This
This Agreement and the the respective
respective rights
rights and obligations
obligations of the
the parties
parties hereto
hereto shall
shall inure
inure to
t0 the
the
benefit
benefit of,
0f, and be binding upon,
upon, the
the parties
parties hereto
hereto and their
their respective
respective successors
successors and
and permitted
permitted
assigns.
assigns;

13.
13. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It
It shall
shall not
not be deemed a a waiver oror default
default under this
this Agreement if if the
the non-defaulting
non-defaulting party
pany fails
fails

to
t0 immediately
immediately declare
declare a a default,
default, or
01‘ either
either party
party delays
delays in
in asserting
asserting any
any right
right hereunder.
hereunder. The
rights
rights and remedies provided under this this Agreement areare cumulative and in in addition
addition to
t0 the
the rights
rights
and remedies either
either patty
pany may have pursuant
pursuant to
to law,
law, statute,
statute, ordinance,
ordinance, or0r otherwise,
otherwise, and
and either
either
party's
party’s use
use of any
any right
right or
or remedy provided for for hereunder will
will not
not preclude
preclude oror be
be deemed to t0
waive such party's
party’s right
right to
to use
use any
any other
other remedy,
remedy, whether hereunder or 0r at
at law or
or equity.
equity. Both
Both
parties
parties hereto
hereto have a a duty
duty tot0 mitigate
mitigate damages incurred
incurred pursuant
pursuant toto this
this Agreement and and
performance hereunder.
hereunder.

[NTERLOCAL AGREEMENT FOR THE ADMINISTRATION


INTERLOCAL
0F THE SCHOOL CROSSING GUARD PROGRAM
OF
BETWEEN DCS AND DALLAS PAGE 5
PAGES
14.
l4. ASSIGNMENT

The parties
parties agree
agree that
that they
they may notnot delegate
delegate the performance of
the perfonnzmce 0f their
their duties
duties hereunder without
the prior written
the prior written consent of the other
ot'the other party.
party. fn
In the
the event
event of any
any approved assignment,
assignment, each party
party
shall
shall remain responsible
responsible for
for its
its respective
respective responsibilities
responsibilities set
set forth
forth in
in Section
Section 33 herein.
herein.

15.
15. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be b6 executed


executed in
in multiple
multiple counterparts,
counterparts, including
including without limitation
limitation facsimile
facsimile
and e-mail counterpatis,
counterpans. each
each of which
Which shall
shall be deemed an original
original and all
all of which together
together
shall
shall constitute
constitute one and the
the same instrument.
instrument. Words of 0f any
any gender used inin this
this Agreement shall
shall
be held
held and construed
construed to
t0 include
include any
any other
other gender,
gender, and any
any words inin the
the singular
singular shall
shall include
include
the
the plural
plural and vice
Vice versa,
versa, unless
unless the
the context
context clearly
clearly requires
requires otherwise.
otherwise. Headings used herein
herein are
are
for
for convenience of 0f reference
reference only
only and shall
shall not
not be considered
considered inin any
any interpretation
interpretation of this
this

Agreement.
Agreement.

16.
l6. SOVEREIGN IMMUNITY

This Agreement is is expressly


expressly made subject
subject to DCS’ and the
t0 DCS' the City's
City’s governmental and sovereign
sovereign
immunity under thethe Texas Civil
Civil Practice
Practice and Remedies Code and all all applicable
applicable federal,
federal, state,
state,

and local
local laws.
laws. The parties
panies hereto
hereto expressly
expressly agree
agree that
that no provision
provision of this Agreement is
ofthis is in
in any
any
way intended
intended to
to constitute
constitute aa waiver of
0f any
any immunities from suit
suit or
or from liability
liability that
that the
the parties
parties
have by
by operation
operation of0f law.
law.

17.
l7. PREVENTION OF FRAUD AND ABUSE

The parties
parties shall
shall establish,
establish, maintain,
maintain, and utilize
utilize internal
internal management procedures
procedures sufficient
sufficient to
t0
provide for
for the
the proper,
proper, effective
effective management of 0f all
all activities
activities funded under this
this Agreement. Any
known or or suspected
suspected incident
incident of
of fraud
fraud or
or abuse
abuse involving DCS’ or
involving DCS' or the
the City's
City‘s- employees or
0r agents
agents
that
that involve
involve funds
funds oror activities
activities under this
this Agreement shall
shall be reported
reported immediately
immediately byby the
the party
patty
that
that becomes aware of 0f the
the incident
incident to
t0 the DC S Board of
the DCS 0f Trustees
Trustees or
0r the
the Dallas
Dallas City
City Manager for
for
appropriate
appropriate action.
action.

18.
l8. FISCAL FUNDING CLAUSE

Notwithstanding any any provision


provision contained herein herein to
t0 the
the contrary,
contrary, the
the obligations
obligations of 0f the
the parties
parties
under this
this Agreement areare expressly
expressly contingent
contingent upon the the availability
availability of funding
funding for
for each
each item
item and
and
obligation
obligation contained herein.
herein. The parties
parties shall
shall make any
any payments required
required under
under this
this Agreement
from current
current revenue available
available to to the
the parties.
parties. fn
In the
the event
event a a party
party is
is unable
unable to to fulfill
fulfill its
its

obligations
obligations under this
this Agreement as as aa result
result of lack
lack ofof sufficient
sufficient funding,
funding, or
or if
if funds
funds become
unavailable,
unavailable, that
that party,
pany, at at its
its sole
sole discretion,
discretion, may provide
provide funds
funds from a a separate
separate source.
source. In In the
the
event that
that a
a party
party is
is unable to t0 fulfill
fulfill its
its obligations
obligations under thisthis Agreement as as a
a result
result of lack
lack of
sufficient
sufficient funding,
funding. the
the other
other party
party may immediately
immediately terminate
terminate this
this Agreement.

19.
19. CONFIDENTIALITY AND RECORDS

[NTERLOCAL AGREEMENT FOR THE ADMINISTRATION


INTERLOCAL
0F THE SCHOOL CROSSING GUARD PROGRAM
OF
BETWEEN DCS AND DALLAS PAGE 6
PAGE6
A.
A. Both
Both parties
parties shall
shall safeguard and adhere
safeguard and adhere to
t0 all
all confidentiality,
confidentiality. privacy,
privacy, and security
security
requirements
requirements under applicable federal,
under applicable federal, state,
state. and local
local laws,
laws, rules,
rules, and regulations
regulations
regarding the
regarding the privacy and security
privacy and security of all info1mation
ofall infoxmation obtained
obtained byby either
either party
party from
the other
the other inin connection
connection with this Agreement and
with this and each respective
respective party's
party’s
performance hereunder.
hereunder.

B.
B. The parties
parties shall only use
shall only use information
information obtained
obtained in
in connection
connection with
With the
the Ordinance
for the
for the purposes
pumoscs of 0f detecting
detecting a violation or
a Violation 0r suspected violation of
suspected Violation 0f Dallas
Dallas City
City
Code Section
Section 28-224
28—224 or
or for
for monitoring safety issues inside
safety issues inside or
0r outside
outside the
the school
school
bus, and
bus, and such
such information
information shall not be
shall not be used for
for general
general surveillance
surveillance purposes.
purposes.

C.
C4 All
All records
records created by DCS or
created by or the
the City pursuant to
City pursuant to this
this Agreement shall belong to
shall belong to
DCS or the City.
0r the City, as
as the
the case
case may be.
be.

20.
20. FORCE MAJEURE

Neither
Neither DCS nor nor the
the City
City shall
shall bebe deemed to t0 bebe in
in violation
violation of this
this Agreement if if either
either party
party is
is

prevented
prevented from performing any
any of
0f its
its obligations
obligations hereunder
hereunder by
by reason
reason of
0f a
a strike;
strike; stoppage of
0f
labor; riot; fire;
labor; riot; fire; flood;
flood; storm; invasion; insurrection;
storm; invasion; insurrection; terrorist
terrorist act;
act; accident;
accident; order
order of court, judge,
court, judge,
or civil
0r civil authority;
authority; government regulation;
regulation; actact of nature;
nature; or any other
0r any other cause
cause reasonably
reasonably beyond the the
nonperforming party's
nonperforming party’s control
control and that that is not attributable
is not attributable to to such nonperforming party's party’s
dereliction 0f
dereliction of duty
duty or negligence hereunder.
0r negligence hereunder. In In the
the event
event of
0f any
any such occurrence,
occurrence, the the time forfor
performance of the nonperforming party's
the nonperforming party’s obligations
obligations or 0r duties
duties shall be suspended until
shall be until such

time
time as
as the
the nonperforming
nonperforming party's
party’s inability
inability to to perform,
perform, provided
provided that
that the
the nonperforming party puny isis

not responsible for


not responsible for such inability
inability tot0 perform,
perform, is is removed.
removed; The party party claiming the the suspension
suspension of
perfonnance shall
performance shall give
give notice
notice of 0f such impediment or or delay
delay inin performance to to the
the other
other party
party
within
within ten
ten (10)
(10) days
days of its
its knowledge
knowledge of
0f the
the occurrence
occurrence of
0f the
the event
event or
0r events
events causing
causing such
nonperfonnance. The nonperforming party
nonpcrformancc. party shall
shall make all all reasonable effo11s t0
reasonable effofls to mitigate
mitigate the
the
effects
effects of any suspension
of'any suspension of 0f its
its performance.
performance.

21.
2 l. SIGNATORY AUTHORITY

The person or persons


person 0r persons signing
signing and
and executing this Agreement on behalf
executing this behalf of the
the City
City has
has been duly
duly
authorized by City
authorized by City Council
Council Resolution
Resolution No.
N0. 12- 1388 to
t0 execute
execute this
this Agreement on
0n behalf
behalf of the
the
City
City and to validly and
to validly and legally bind the
legally bind the City
City to
to all terms, conditions,
all terms, conditions, performances,
performances, and
provisions set
provisions set forth
forth herein.
herein. The person
person or
0r persons
persons signing
signing and executing
executing this
this Agreement on 0n
behalf of DCS has
behalfof been duly
has been duly authorized
authorized by
by action
action of
0f the
the DCS Board of
0f Trustees
Trustees to
t0 execute
execute this
this
Agreement on behalf
behalf of0f DCS and to validly and
10 validly and legally
legally bind DCS to to all
all terms, conditions,
terms, conditions,
performances,
perfotmances, and provisions set
and provisions set forth
forth herein.
herein.

[SIGNATURE PAGE FOLLOWS]

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


TIIE SCHOOL CROSSING GUARD PROGRAM
OF THE
BETWEEN DCS AND DALLAS PAGE 7
PAGE7
IN WITNESS WHEREOF, the parties hereto
the parties hereto have executed
executed this
this Interlocal
Interlocal Agreement for
for the
the
Administration of
Administration the School
ofthe Crossing Guard Program
School Crossing Program between
between Dallas
Dallas County
County Schools
Schools and the
and the
City
City of Dallas, Texas effective
0f Dallas, effective as
as of
0f the
the Effective Date.
Effective Date.

DALLAS COUNTY SCHOOLS


By:
By:

Title:
flmfl
/9l~ 4 ~ I
Name: Rick
Rick D.
D. Sorrells,
W0
Ed. D.
Sorrells. Ed.
Title: Superintendent
Superintendent
D.

Date:
Date: July 18,
18, 2012

THE CITY OF DALLAS, TEXAS

Recommended By:
By:

ZPo,6,,--
fl /--
David 0.
David O. Brown
Chief of Police
ChiefofPolice

APPROVED AS TO FROM: CITY OF DALLAS


THOMAS P.
P. PERKINS, JR.
JR. MARY K. SUHM
MARYK.
City
City Attorney
Attorney City
City

B
Assistant City Attomey stant City Manager

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS
DA LLAS PAGE 8
PAGES
Appendix A

1.
1. For good
For good and valuable consideration
and valuable consideration as provided in
as provided in the Agreement, the
the Agreement, the City
City shall
shall provide
provide all
all

equipment Currently
equipment currently used
used by
by the
the Program to
t0 DCS in
in order
order for
for DCS t0
to operate
operate the
the Program.
Program.
Such equipment shall
shall include:
include:

a. The
a. The vehicles
vehicles listed
listed in
in Exhibit
Exhibit I hereto,
hereto, which shall
l be leased
shall bc leased by
by the
thc City
City to
to DCS on
0n
the terms
thc terms set
set forth
forth in
in Section 2 of
Section 2 Appendix A;
oprpendix A;

b. Computer equipment used


uscd by
by the
the Crossing
Crossing Guard Manager and Supervisors;
Supervisors;

c. Crossing
Crossing Guard Manager and
and Supervisor
Supervisor uniforms;
unifomls; and

d. Crossing
Crossing Guard equipment:

1. School
School Patrol
i. "STOP" signs
Patrol "STOP" signs and
and flags,
flags,
11.
ii. School Patrol baseball
School Patrol baseball caps,
caps,
m. School Patrol
iii‘ Patrol Ponchos w/ reflective
reflective markings/letter,
markingS/Ietter,
1v.
iv‘ School Patrol
Patrol S/S
S/S - lime-yellow,
- lime-yellow,
v. School
V. School Patrol
Patrol US
L/S -~ lime-yellow,
lime-yellow,
v1.
vi. School
School Patrol
Patrol winter
winter coats,
coats.
vn.
vii. School
School Patrol
Patrol rain paint, and
rain paint‘
vu1.
viii. Vest reflective.
Vest reflective.

2.
2. The vehicles listed in
vehicles listed Exhibit 1 hereto
in Exhibit hereto shall
1 shall be
be leased
leased by
by the
the City to DCS on
City to 0n the
the following
following
terms:
terms:

a. Vehicles
Vehicles will
will remain
remain an
an asset
asset of the
the City
City and
and shall be returned
shall be to the
returned t0 the City
City upon
termination of this
temn'nation this Agreement or
0r upon the
the end
end of the
the useful
useful life
life of
0f the
the vehicle,
vehicle, as
as
determined by
determined by DCS.

b. City decals with


City decals with equipment numbers will
will remain on the
the front driver and
front dn'ver and passenger
passenger
doors of
doors of each
each vehicle.
vehicle.

c. An annual
annual inventory
inventory of
0f the
the vehicles will be
vehicles will be conducted by
by the
the City's
City’s Police
Police
Department.
Department.

d. DCS shall
shall be responsible
responsible for
for insuring
insuring and
and maintaining
maintaining the vehicles.
the vehicles.

1.
i. The City
City will
will continue
continue maintenance of the vehicles through
the vehicles through September
September 30,
30,
2012.
2012.

11.
ii; Except asas set
set forth
forth above, the City
above, the City will
will not
not be
be responsible
responsible for
for any
any
maintenance,
maintenance, repair,
repair, damage, or
0r insurance
insurance for
for the
the vehicles,
vehicles, nor
nor will the City
Will the City
provide
provide a
a replacement vehicle
vehicle for
for any reason.
any reason.

INTERLOCAL AGREEMENT FOR THE ADMINISTR.\TION


ADMINISTRATION
OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS PAGE 9
PAGE9
111.
iii. DCS shall
shall submit
submit monthly maintenance and
monthly maintenance and repair
repair records
records on
0n each
each vehicle
vehicle to:
to:

City
City of Dallas Building
0f Dallas Building and Equipment Services
Services Department
3202 Canton St.
St. Dallas,
Dallas, Texas 75226
Texas 75226
Attention: Assistant
Attention: Assistant Director
Director of
of Fleet
Fleet Management

e.
C. Natural gas
Natural gas vehicles be fueled
vehicles may be by DCS at
fueled by at one of
of the
the City's
City's five
five (5)
(5) service
service
centers.
centers.

1.
i. Each vehicle
vehicle isis equipped
equipped with
with aa fueling device (VDM or
fueling device 0r VIB),
VIB), which will
will
allow access
allow access to
t0 the
the City's
City’s fueling
fueling pumps.

11.
ii. DCS shall
shall reimburse
reimburse the
the City
City for its actual
for its actual costs
costs for
for such
such fuel
fuel usage on a
a
monthly
monthlybasis.
basis.

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


OF THE SCHOOL CROSSING GUARD PROGRAM
BETWEEN DCS AND DALLAS PAGE 10
10
Appendix A

Exhibit
Exhibit 1
l

School
Crossing
Guard Non-
Fleet
Fleet
LIC.
LIC.
EQUIPMENT#
EQUIPMENT # ORG ASSIGMENT PLATE YEAR MAKE Model
School
1029 2158
21 58 Crossing 794-748 2000 FORD F150
F1 50
School
4011
4011 2158
21 58 Crossing HKY-802 2000 HONDA CIVIC
School
4033 2158
21 58 Crossing 094-VHV 2000 HONDA CIVIC
School
School .

4045 2158 Crossina


Crossing 031-XDS 2000 HONDA CIVIC
School
4060 2158 Crossina
Crossing 577-XGM 2000 HONDA CIVIC
School
4155
41 55 2158 Crossina
Crossing 063-XDZ 2000 HONDA CIVIC
School
5008 2158 Crossina
Crossing 268-BBZ
ZGB-BBZ 2000 FORD TAURUS
School
8006 2158
21 58 Crossina
Crossing 791-597 2000 FORD EXPLORER

INTERLOCAL AGREEMENT FOR THE ADMINISTRATION


OF THE SCHOOL CROSSING GUARD PROGRAM
PROGILXM
BETWEEN DCS AND DALLAS PAGE 11
11
STATE OF TEXAS

COUNTY OF DALLAS

INTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER


ORDINANCE NUMBER 28654
BETWEEN
DALLAS COUNTY SCHOOLS
AND
THE CITY OF DALLAS, TEXAS

WHEREAS, DallasDallas County Schools


Schools ("DCS")
(“DCS”) and the
the City
City of Dallas,
Dallas, Texas (the
(the "City")
“City”) are
are each
each
political
political subdivisions
subdivisions of the
the State
State of Texas; and
ofTexas;

WHEREAS, the thc City


City has passed Ordinance number 28654,
28654, which provides
provides for
for a
a civil
civil penalty
penalty
for
for a
a vehicle
vehicle that
that passes
passes a
a stopped school
school bus with its
its stop
stop arm extended and lights
lights flashing
flashing in
in
Violation of
violation 0f Texas Transportation
Transportation Code Section
Section 545.066,
545.066, which has
has been codified
codified inin the
the Dallas
Dallas
City Code at
City at Chapter 28,
28, Article
Aniclc XX (the
(the "Ordinance");
“Ordinance”); and

WHEREAS, DCS owns and operatesoperates school buses in


in the
the City
City and has
has installed
installed video
video equipment
on those
those school buses
school buses in
in order
order to
to capture potential
capture violations of the
potential violations the Ordinance;
Ordinance; and

WHEREAS, DCS and the the City


City desire
desire to
t0 enter
enter into
into this
this Agreement in
in order
order to
t0 enforce
enforce and
administer
administer the
the Ordinance (the
(the "Stop
“Stop Arm Camera Program").
Program”).

NOW, THEREFORE, DCS and the the City


City enter
enter into
into this
this Agreement pursuant
pursuant to
to the
the authority
authority of
0f
the
the Texas Government Code,
Code, Chapter 791,
791, the
the Interlocal
Interlocal Cooperation Act, as
Act, as amended, for
for the
the
enforcement and administration
administration of the
the Ordinance forfor the
the mutual consideration
consideration stated
stated herein:
herein:

1.
l. TERM

This Agreement shallshall be effective


effective June 25,
25‘ 2012 (the
(the "Effective
“Effective Date") and and shall
shall continue
continue for
for a
a
three
three (3)
(3) year
year period
period from through June 24,
24, 2015 (the
(the "Initial
“Initial Term").
Teml”) Prior
Prior to
t0 the
the expiration
expiration of
of
the
the Initial
Initial Term, either
either party
party may notify
notify the
the other
other in
in writing
writing of
0f its
its desire
desire to
t0 renew this
this Agreement
or
0r renegotiate
renegotiate its
its terms.
terms. Any renewal requires
requires execution
execution ofof a
a mutually
mutually acceptable
acceptable amendment to t0
the
the Agreement.
Agreement,

2.
2. RELATIONSHIP OF THE PARTIES

Each party
party is
is acting
acting independently
indcpcndently of0f the
the other,
other, and neither
neither is
is an
an agent,
agent, servant,
servant, employee,
employee, or 0r
joint partner of
joint venture partner the other.
Ofthe other. The parties
parties represent
represent and warrant
warrant that
that they
they have,
have, or
0r will
will secure
secure
at
at their
their own expense,
expense, all
all personnel
personnel and consultants
consultants required
required tot0 provide
provide thethe services
sewices under this this
Agreement and have contracted,
contracted, or
or will
will contract,
contract, with
with any
any necessary
necessary third-party
third-pal‘ty vendors
vendors to to
provide the
the services
services in
in accordance
accordance with
with Section
Section 3
3 herein.
herein. No
N0 officer
officer or 0r member of the governing
ofthe governing
body of the City
0fthe 0r DCS shall
City or shall participate
participate in
in any
any decision
decision relating
relating to
to this
this Agreement that
that affects
affects

INTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER I


l

ORDINANCE NUMBER 28654

Exhibit A-2
BETWEEN DCS AND DALLAS
his
his or
0r her
her personal
personal interest,
interest, nor
nor shall
shall any
any such
such officer
officer or
0r member of
0f the
the City
City or
0r DCS have any
any
pecuniary
pecuniary interest
interest in
in this
this Agreement or0r any
any part
part thereof.
thereof

3.
3. 0F SERVICES/RESPONSIBILITIES OF THE PARTIES
SCOPE OF

A.
A. RESPONSIBILITIES OF DCS. DCS agrees to:
to:

I.
i. Purchase,
Purchase, install
install and operate
operate video
Video equipment capable
capable of
0f capturing
capturing potential
potential
violations
violations of
of the
the Ordinance
Ordinance on
0n certain
certain school
school buses
buses operated
operated by
by DCS within
within the
the
City
City (the
(the "Video Equipment");
Equipment"):

2.
iv Designate
Designate DCS peacepeace officer(s)
officer(s) to
t0 act
act as
as enforcement
enforcement officer(s)
officer(s) to
t0 review
recorded
recorded images
images from the
the Video Equipment to to determine
determine potential
potential violations
violations and
issue
issue citations
citations in
in accordance
accordance with
with applicable
applicable provisions
provisions of
0f Dallas
Dallas City
City Code
Coda
Sections
Sections 28-222
28~222 and 28-224;

3.
3‘ Generate citations
citations and notify
notify vehicle
vehicle owners of 0f violations
violations and any
any delinquencies
delinquencies
and penalties
penalties inin accordance
accordance with
with applicable
applicable provisions
provisions of0f Dallas
Dallas City
City Code
Sections
Sections 28-225,
28*225, 28-226,
28-226, and 28-230. In In connection
connection with
with this
this Paragraph
Paragraph 3,
3, DCS
shall
shall provide
provide the
the vehicle
vehicle owner with
with aa copy
copy of the
the recorded
recorded image of0f the
the violation
violation
at
at the
the time
time the
the vehicle
vehicle owner is
is notified
notified of0f the
the citation;
citation;

4.
4. Collect
Collect any
any civil
civil fines,
fines, penalties,
penalties, and costs
costs assessed
assessed under the
the Ordinance,
Ordinance, and
distribute
distribute such
such fines,
fines, penalties,
penalties” and costs
costs in
in accordance
accordance with applicable
applicable provisions
provisions
of
0f Dallas
Dallas City
City Code Sections
Sections 28-227,
28-227, 28-231,
28’231, 28-233,
28-233‘ and 28-234
28~234 and the
the fee
fee
structure
structure set
set forth
forth in
in Section
Section 66 herein.
herein. In
in connection
connection with
with this
this Paragraph
Paragraph 4,
4. DCS
shall:
shall:

a.
a. Provide
Provide aa collection
collection agent
agent in
in near
near proximity
proximity to
t0 where adjudication
adjudication process
process
is
is held;
held and
and
z

b.
b. Provide
Provide refunds
refunds as
as applicable;
applicable;

5.
5, Provide
Provide monthly
monthly reports
repons to
to the
the City
City detailing
detailing the
the number of 0f violations
Violations and
and
citations
citations issued
issued and amount of fines,
fines, penalties,
penalties, and costs
costs collected
callected each month;

6.
6. Provide
Provide monthly reports
reports of
0f actual
actual Stop
Stop Arm Camera Program expenses and
revenue
revcnue collected
collected as
as well
well as projected revenue and expenses
as projected expenses for the Stop Aim
for the Arm
Camera Program;
Program;

7.
7. Periodically
Periodically brief
brief the
the City's
City‘s municipal judges and
municipal judges and municipal
municipal prosecutors
prosecutors
regarding
regarding the
the video
video footage
footage and
and recorded
recorded images and other
other information
information required
required
for purposes of enforcement
for purpos¢s 0f enforcement of the
ofthe Ordinance;
Ordinance;

8.
8. Provide
Provide testimony
testimony and
and video
Video evidence
evidence of
0f violations
violations when requested
requested during
during any
any
appeal;
appeal;

INTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER 22


ORDINANCE NUMBER 28654
BETWEEN DCS
D§§S AND DALLAS
9.
9. Respond tot0 Public
Public Information Act requests
requests concerning the
the Stop Alm
Ann Camera
Program, to
to the
the extent
extent the
the request
request seeks
seeks information in DCS” possession and not
in DCS' not
City
City records;
records; and

IIO.
0. Jointly
Jointly develop a plan with the
a plan thc City
City to
t0 communicate all all aspects
aspects of the Ordinance
of'thc
and Stop
Stop Arm Camera Program to lo the
the citizens
citizens of Dallas,
Dallas‘ and implement thethe
developed plan.
plan.

B.
B. RESPONSIBILITIES OF THE CITY. The City
City agrees
agrees to:
to:

1.
l. Designate hearing
hearing officers
officers to
t0 administratively
administratively adjudicate violations
Violations of
0f the
the
Ordinance byby mail and in
in person in
in accordance with applicable
applicable provisions
provisions in
in
Dallas
Dallas City
City Code Sections
Sections 28-223,
28-223, 28-224, 28-227, 28-228,
28—228, 28-229, and 28-230;
28—230;

2.
2. Designate municipal court(s)
court(s) to
to handle
handle appeals
appeals from the
the hearing
hearing officers
officers in
in
accordance with Dallas
Dallas City
City Code Section
Section 28-232;
28—232;

3.
3. Provide monthly reports
reports to
t0 DCS detailing
detailing the
the number of01‘ citations
citations appealed to
to a
a
hearing officer
hearing officer and/or municipal court
and/or municipal court and the status and outcome of
the status 0f those
those
appeals;
appeals;

4.
4. Jointly
Jointly develop aa plan
plan with DCS to
t0 communicate all
all aspects
aspects of the
the Ordinance and
Stop Arm Camera Program to to the
the citizens
citizens of
0f Dallas,
Dallas. and implement the the
developed plan.
plan.

4.
4. DISTRIBUTION OF FINES, PENAL TIES, AND COSTS
PENALTIES,

All
All civil
Civil fines,
fines, penalties,
penalties, and costs
costs assessed
assessed under the
the Ordinance shall
shall be distributed
distributed in
in the
the
following
following manner:

A. DCS shall
shall initially
initially receive
receive all
all penalties
penalties collected
collected under Dallas
Dallas City
City Code Section
Section 28-
231 (c).

23 I(c).

B.
B. $50 of each violation
violation collected
collected shall
shall be deposited
deposited into
into a
a joint
joint escrow account
account to
to cover
cover
future
future unbudgeted expenses incurred
incurred by
by the
the City
City or
0r DCS with respect
respect to
to the
the Stop Arm
Camera Program or0r the
the Ordinance.
Ordinance.

C. $245 of
C. 0f each violation
violation collected
collected shall
shall be retained
retained by
by DCS, not
not to
t0 exceed DCS’ total
exceed DCS' total

operating
operating expenses and capital
capital costs
costs of
0f the
the Stop Arm Camera Program.
Program. The amount
per
per violation
violation and the
the maximum amount to t0 be
be retained
retained by
by DCS shall
shall be
be subject
subject to
t0
semi-annual review and adjustment upon the
semi—annual the mutual agreement of the parties
ot‘the panies if actual
ifactual
expenses are
are different
different than budgeted expenses.
expenses.

D. $5
$5 of each violation
Ofcach Violation collected,
collectcd‘ up to
t0 $100,000 per
per annum, shall
shall be
be paid
paid over tot0 the
the
City
City to
t0 cover its
its operating
operating expenses of0f the
the Stop
Stop Arm Camera Program.
Program. The amount
per
pcr violation
violation and the
the annual amount indicated
indicated shall
shall be
be subject
subject to
t0 semi-annual
semi-annual review
review
INTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER 33
ORDINANCE NUMBER 28654
BETWEEN DCS AND DALLAS
and adjustment
adjustment upon the
the mutual agreement of
0f the
the parties
panics if
if actual
actual expenses are
are
different
different than
than budgeted expenses.
expenses.

E. If revenue
E. [f revenue collected
collected by
by DCS exceeds
exceeds operating
operating expenses
expenses for
for the
the Stop Arm Camera
Program cited
cited in
in Paragraphs
Paragraphs C and D above,
above, as
as adjusted,
adjusted, any
any additional revenue
additional revenue shall
shall

be
be shared
shared equally
equally between DCS and thethe City.
City.

F.
F. The capital
capital costs
costs used
uscd for
for this
this Agreement shall
shall reflect
reflect only
only the
the proportionate
proportionate cost cost of
0f
the
thc Stop
Stop Ann
Arm Camera Program that that as
as nearly
nearly as
as possible
possible approximates the the proportion
of DCS‘ fleet
of DCS' fleet that
that is
is utilized
utilized within
within the
the corporate
corporate boundaries
boundaries of thethe City.
City. Also,
Also, the
the
parties agree
panics agree that
that the capital costs
the capital costs for
for purposes
purposes of this
this Agreement (i)
(i) shall
shall not
not include
include
any
any costs
costs associated
associated exclusively
exclusively with
with camera systems
systems inside
inside the
the buses,
buses, and (ii)(ii) shall
shall
include
include 50% of any costs
ofany costs that
that cannot
cannot bebe deemed to t0 be associated
associated exclusively
exclusively with the the
Stop
Stop Arm Camera Program or 0r exclusively
exclusively with
with camera systems
systems inside
inside the
the buses.
buses.

G. Budgets and allocations


allocations of operating
operating expenses used forfor this
this Agreement shall
shall be
adjusted
adjusted from time
time to
to time
time to
to reflect
reflect added cities
cities and/or
and/or school
school districts
districts that
that may
share
share in
in those
those expenses
expenses asas well
well as
as savings
savings achieved from time to t0 time byby DCS
through
through its
its use
use of
0f third-party
third—party vendors.
vendors.

5.
5. PEACE OFFICERS

For purposes
purposes of0f this
[his Agreement,
Agreement, DCS peace officers
officers shall
shall be considered,
considered, and have thethe same
jurisdictional limits
jurisdictional limits and
and authority
authority as,
as, Dallas
Dallas peace
peace officers
officers in order
in order to review violations and issue
t0 review Violations issue
citations
citations in
in accordance
accordance with
with applicable
applicable provisions
provisions of Dallas
Dallas City
City Code Sections
Sections 28-222 and 28-28-
224.
224. DCS shall
shall at
at all
all times
times remain responsible
responsible for
for employing,
employing, compensating,
compensating, assigning,
assigning, training,
training,
managing,
managing, dismissing,
dismissing, and
and disciplining
disciplining such
such DCS peace
peace officers.
officers.

6.
6. TERMINATION

Either party may terminate


Either party terminate this
this Agreement upon breachbreach byby the
the other
other party
party that
that has
has not
not been
cured
cured within
within thirty
th‘iny (30)
(30) days
days after
after receipt
receipt of
0f written
written notice
notice from thethe non-breaching partyparty as
as to
to

such breach. Either


such breach. Either party
pany may terminate
terminate this
this Agreement at
at any
any time after
after the
the expiration
expiration of
0f
twelve
twelve (12)
( 12) months from
from the
the Effective
Effective Date,
Date, upon sixty
sixty ((60)
60) days
days prior
prior written
written notice
notice tot0 the
the non-
terminating
terminating party.
party. Expiration
Expiration or0r termination
termination of
0f this
this Agreement willwill not
not relieve
relieve either
either party
party from
its
its obligations
obligations arising
arising hereunder
hereunder prior
prior to
t0 such expiration
expiration oror termination.
termination.

7.
7. NOTICE

Any notice,
notice. demand or or request
request required
required oror permitted
permitted to
to be
be given
given under this
this Agreement shall
shall be
be
deemed given
given if
if reduced
reduced to to writing
writing and
and delivered
delivered in
in person,
person, shipped by by overnight
ovemight delivery
delivery byby aa
reco!:,rnized
recognized carrier
carrier such
such asas UPS or0r FedEx,
FedEx. or 0r deposited
deposited with
with the
the United
United States
States Post
Post Office
Ofiice in in the
the
form of certified
ceflified mail,
mail. postage
postage pre-paid
pre—paid return
return receipt
receipt requested,
requested, to
t0 the
the party
pany who is is to
t0 receive
receive
any
any such
such notice,
notice, demand or or request,
request, at
at the
the respective
respective address
address set
set forth
forth below.
below. Such notice,
notice,
demand, or 0r request
request shall
shall be deemed to to have been given upon actual
actual receipt.
receipt.

[NTERLOCAL AGREEMENT TO
INTERLOCAL T0 ENFORCE AND ADMINISTER 4
ORDINANCE NUMBER 28654
BETWEEN DCS AND DALLAS
If
If to
to DCS, to:
t0:

Rick D.
D. Sorrells,
Sorrells, Ed.D.
EdD.
Superintendent
Superintendent
Dallas
Dallas County Schools
612
6] 2 North Zang Boulevard
Dallas,
Dallas, Texas 75208

If to the
lfto the City,
City, to:
t0:

City
City Manager
Dallas
Dallas City
City Hall,
Hall, 4EN
1500 Marilla
Marilla Street
Street
Dallas,
Dallas, TX 75201 ‘

8. LIABILITY

A. It
It is
‘is understood and agreed between the the parties
parties that
that each party
pany hereto
hereto shall
shall be responsible
responsible
for
for its
its own acts
acts of
0f negligence
negligence in in connection
connection with this this Agreement. Where injury
injury or0r
property
property damage results
results from the joint or
the joint 0r concurrent
concurrent negligence
negligence of0f both parties,
parties, liability,
liability,

if
if any,
any, shall
shall be shared
shared by by each
each party
party on the the basis
basis of0f comparative responsibility
responsibility in in
accordance
accordance with with the
the applicable
applicable laws of 0f the
the State
State of0f Texas,
Texas, subject
subject toto all
all defenses
defenses
available
available to t0 them,
them, including
including governmental immunity.
immunity. Neither
Neither party
party shall
shall be
be responsible
responsible
to
to the
the other
other party
party for
for any
any negligent
negligent actact or
or omission in in connection
connection with this
this Agreement.
These provisions
provisions are
are solely
solely for
for the
the benefit
benefit of the parties
ot‘the parties hereto
hereto and not
not for
for the
the benefit
benefit of
any
any person or 0r entity
entity not
not aa party
patty hereto;
hereto; nor
nor shall
shall any
any provision
provision herein
herein be deemed a a waiver
of any defense available by
0f any defense available by law. law.

B. The parties
. parties agree
agree that
that the
the City
City and DCS shall
shall first
first utilize
utilize the
the escrow fund
fund described
described in
in
Section
Section 4B above in in the
the event
event of any
any unbudgeted expenses regarding
regarding the
the Stop Arm
Camera Program or or the
the Ordinance.
Ordinance. Thereafter,
Thereafter, the
the City
City and DCS shall
shall bear
bear their
their own
unbudgeted expenses
expenses related
related to
t0 the Stop Arm
the Stop Ann Camera Program or or the
the Ordinance;
Ordinance;
provided,
provided, however, thethc City
City shall
shall not
not bear
bear any
any unbudgeted expenses in in excess
excess of all
all

cumulative monies received by by the


the City
City under this
this Agreement and DCS shall shall bear
bear such
excess
excess unbudgeted expenses.
expenses.

9.
9. CHOICE OF LAWS AND VENUE

In
In providing the
the Services
Services pursuant
pursuant to
l0 this
this Agreement, the the parties
parties must observe
observe and comply with
all
all applicable
applicable federal,
federal, state,
state. and local
local statutes,
statutes, ordinances,
ordinances, rules,
rules, and regulations.
regulations. This
This
Agreement shall
shall be governed by by the
the laws
laws of the State
Ofthe State of Texas. In
ofTexas. In the
the event
event of
0f any
any dispute
dispute that
that
arises
arises pursuant
pursuant to
t0 or
or in
in connection with thisthis Agreement, exclusive
exclusive venue forfor the
the adjudication
adjudication of
0f
such dispute
dispute shall
shall lie
lie in
in Dallas
Dallas County,
County, Texas.
Texas. All
AI] statutes
statutes and laws
laws applicable
applicable to
t0 this
this
Agreement shall
shall apply
apply asas amended from time to t0 time.
time.

[NTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER


INTERLOCAL 5
ORDINANCE NUMBER 28654
DCS AND DALLAS
BETWEEN DCSAND
10.
10. AMENDMENTS AND CHANGES IN THE LAW

This Agreement may not not be amended, modified,


modified, or or supplemented unless
unless such amendment,
supplement,
supplement, or 0r modification
modification is is agreed
agreed tot0 in
in writing
writing and signed
signed by
by each of
0f DCS and thethe City.
City.
Any alteration,
alteration, addition,
addition. oror deletion
deletion toto the
the terms
terms of
0f this
this Agreement that
that is
is required
required by
by any
any
change inin federal,
federal, state,
state, or
0r local
local law
law shall
shall automatically
automatically be deemed incorporated
incorporated herein
herein without
written
written amendment to t0 this
this Agreement, and any any such alteration,
alteration, addition,
addition, or
0r deletion
deletion to
to this
this

Agreement shall
shall be effective
effective on
0n the
the date
date such law isis effective.
effective.

11.
ll. SEVERABILITY

In
In the
the event
event that
that any part of
any part 0f this
[his Agreement isis held
held by
by aa court
court of
0f competent jurisdiction
jurisdiction to
to be
illegal
illegal or
or unenforceable,
unenforceable, the
the illegal
illegal or
0r unenforceable
unenforceable portion
portion shall
shall be
be deemed modified
modified to t0 the
the
extent
extent necessary
necessary tot0 make it enforceable
itenforceable under applicable
applicable law,
law, and
and the
the remainder of 0f the
the
provisions
provisions inin the
the Agreement shall
shall remain in
in full
full force
force and effect
effect in
in accordance
accordance with
With their
their
respective
respective terms.
tenns.

12.
12. ENTIRE AGREEMENT

This Agreement represents


represents the
thc entire
entire agreement between DCS and thethe City
City with respect
respect to
t0 the
the
subject
subject matter
matter hereof,
hereof. and supersedes
supersedes any
any prior
pfior or
or contemporaneous agreements,
agreements, whether written
written
or
01' oral,
oral. with
with respect
respect to
t0 such
such subject
subject matter.
matter.

13.
13. BINDING EFFECT

This Agreement and the tht: respective


respective rights
rights and obligations
obligations of
0f the
the parties
parties hereto
hereto shall
shall inure
inure to
t0 the
the
benefit
benefit of,
0f, and be binding
binding upon,
upon, the
the parties
parties hereto
hereto and their
their respective
respective successors
successors and permitted
permitted
assigns.
assigns.

14.
l4. DEFAULT/CUMULATIVE RIGHTS/MITIGATION

It shall
It shall not
not be deemed a a waiver or0r default
default under this
this Agreement if if the
the non-defaulting
n0n~defaulting party
party fails
fails

to
to immediately declare
declare aa default,
default, or
or either
either party
party delays
delays inin asserting
asserting any
any right
right hereunder.
hereunder. The
rights
rights and remedies provided under this this Agreement arearc cumulative and in in addition
addition to
t0 the
the rights
rights
and remedies either
either party
party may have pursuant
pursuant to
to law,
law, statute,
statute, ordinance,
ordinance. or 0r otherwise,
othexwisc, and either
either
party's use
party’s use of any
any right
right or
or remedy provided for for hereunder willwill not
not preclude
preclude or 0r be
be deemed to to
waive such party's
party’s right
right to
t0 use
use any
any other
other remedy,
remedy, whether hereunder or 0r at
at law or
0r equity.
equity. Both
parties
parties hereto
hereto have
havc aa duty
duty tot0 mitigate
mitigate damages incurred
incurred pursuant
pursuant to t0 this
this Agreement and

perfonnance
perfonnancc hereunder.
hereunder.

15.
15. ASSIGNMENT

The parties
parties agree
agree that
that they
they may delegate
delegate the
the performance of0f their
their duties
duties hereunder
hereunder by
by contracting
contracting
with third-party
third-pany entities
entities in
in accordance with applicable
applicable procurement and other other laws,
laws, but
but each
party
party remains responsible
responsible forFor their
their respective
respective responsibilities
responsibilities set
set forth
forth in
in Section
Section 3
3 herein.
herein.

[NTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER


INTERLOCAL 66
ORDINANCE NUMBER 28654
BETWEEN DCS AND DALLAS
16.
16. COUNTERPARTS, NUMBER/GENDER AND HEADINGS

This Agreement may be


This Agreement be executed
executed in
in multiple
multiple countexparts,
counterparts, including
including without limitation facsimile
without limitation facsimile
and
and e-mail
e-mail counterparts,
counterpans, each
each of which shall
0f which shall be
be deemed an an original
original and all
all of which together
together
shall
shall constitute one and
constitute one the same instrument.
and the instrument. Words 0f of any
any gender used in
gender used in this
this Agreement shall
shall
be held
be held and
and construed to include
construed to any other
include any other gender, and any
gender, and words in
any words the singular
in the shall include
singular shall include
the plural
the plural and
and vice versa, unless
vice versa‘ unless the
the context
context clearly requires otherwise.
clearly requires Headings used
otherwise. Headings used herein are
herein are
for convenience 0f
for convenience of reference
refercnce only
only and shall not be
shall 1101 be considered
considered in in any
any interpretation
interpretation 0fof this
this
Agreement.

17.
l7. SOVEREIGN IMMUNITY

This
This Agreement is is expressly
expressly made subject to DCS’
subject to DCS' and
and the
the City's governmental and sovereign
City’s governmental sovereign
immunity under
under the
the Texas
Texas Civil
Civil Practice
Practice and
and Remedies Code and all applicable federal,
all applicable state,
federal, state,
and local
local laws.
laws. The panics
parties hereto
hereto expressly
expressly agree that no provision
agree that provision of this
this Agreement is is in any
in any
way intended
intended to
to constitute
constitute aa waiver
waiver of any immunities
of any immunities from
from suit or from
suit or from liability that the
liability that the panies
parties
have by
have by operation
operation of0f law.
law.

18.
18. PREVENTION OF FRAUD AND ABUSE

The parties
panies shall
shall establish,
establish, maintain, and utilize
maintain, and utilize internal
internal management procedures
procedures sufficient
sufficient to
to

provide for
provide the proper,
for the proper, effective of all
effective management 0f activities
all activities funded under this
fimdcd under this Agreement.
Agreement. Any
known or
0r suspected incident of
suspected incident of fraud
fraud or
or abuse involving DCS’
abuse involving DCS' or
or the
the City's employees 0r
City‘s employees or agents
agents
that involve
that involve funds or activities
funds 0r activities under
under this
this Agreement shall
shall be
be reported
reported immediately by the
immediately by the party
party
that becomes aware 0fthe
that becomes of the incident to the
incident t0 the DCS Board of Trustees 0r
ofTrustees or the
the Dallas
Dallas City
City Manager for
for
appropriate action.
appropriate action.

19.
l9. FISCAL FUNDING CLAUSE

Notwithstanding any
Notwithstanding provision contained
any provision contained herein to the
herein to the contrary, the obligations
contrary, the obligations of
0f the parties
the parties
under this
under this Agreement are
are expressly
expressly contingent
contingent upon the
the availability
availability of
0f funding
funding for each item
for each and
item and
obligation contained
obligation contained herein.
herein. parties shall
The panies shall make any
any payments
payments required
required under this
this Agreement
from current
current revenue
revenue available
available to to the parties. In
the panics. In the
the event
event a party is
a party is unable
unable t0to fulfill
fulfill its
its
obligations under
obligations this
under this Agreement as a result
as a result of lack of
0f lack 0f sufficient
sufficient funding,
funding, 0r or if
if funds
funds become
unavailable, that
unavailable, that party,
party, atat its
its sole discretion, may provide
sole discretion, provide funds
funds from
from aa separate source or
separate source or may
otherwise
otherwise terminate this Agreement by
terminate this by written
written notice
notice toto the
the other
other party
pany atat the
thc earliest possible
earliest possible
time prior
time prior to
to the
the end
end 0fthe
of the fiscal
fiscal year; provided, however,
year; provided. however, the terminating party
the terminating party shall be required
shall be required
to pay
t0 pay any
any expenses already incurred
expenses already pursuant t0
incurred pursuant to this
this Agreement
Agreement as of the
as 0f the time
time the
the terminating
terminating
party provides
party such notice.
provides such notice In [n the event that
the event that aa party
party is
is unable
unable tot0 fulfill its obligations
fulfill its obligations under
under this
this

Agreement as a result
as a result of
of lack
lack of sufficient
sufficient funding,
funding, the
the other party may immediately
other party immediately terminate
terminate
this
this Agreement.

INTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER 7


7
ORDINANCE NUMBER 28654
28654
BETWEEN DCS AND DALLAS
20.
20. CONFIDENTIALITY AND RECORDS

A. Both
A. Both parties
parties shall
shall safeguard
safeguard and adhere t0
and adhere to all confidentiality,
all privacy, and security
confidentiality, privacy, security
requirements under
requirements under applicable
applicable federal,
federal, state, and local
state. and local laws, rules, and
laws, rules, and regulations
regulations
regarding the
regarding the privacy
privacy and
and security of all information
security ofall information obtained by either
obtained by either party
party from the
from the
other
other in connection with
in connection this Agreement and each
with this each respective
respective party’s
party's performance
performance
hereunder.
hereunder.

B.
B. The panies
parties shall only use
shall only use information obtained in
infonnation obtained in connection
connection with
with the
the Ordinance
Ordinance for
for
the purposes
the purposes of detecting aa violation
of detecting violation or suspected Violation
0r suspected violation of
of Dallas
Dallas City
City Code
Section
Section 28-224
28—224 0ror for monitoring safety
for monitoring safety issues
issues inside or outside
inside 0r the school
outside the bus, and
school bus, and
such information
such information shall
shall not be used
not be used for
for general
general surveillance purposes.
suwcillance purposes.

C. All records
C. All records created
created byby DCS or the City
or the pursuant to
City pursuant to this
this Agreement shall belong to
shall belong to
DCS 0ror the
the City, as the
City, as the case
case may be.
be.

21.
21. FORCE MAJEURE

Neither
Neither DCS nor
nor the
the City
City shall be deemed t0
shall be to bc
be in
in violation of this Agreement ifcither
Violation 0fthis if either party
party is
is

prevented from
prevented from performing
performing any its obligations
any of its obligations hereunder by
by reason
reason 0f
of aa strike; stoppage of
strike; stoppage 0f
labor;
labor; riot;
riot; fire;
fire; flood;
flood; storm; invasion; insurrection;
storm; invasion; insurrection; terrorist
tcrrorist act; accident; order
act; accident; order of court, judge,
0f court, judge,
or civil
0r civil authority;
authority; government regulation;
regulation; act
act of nature; 0r
0f nature; or any other cause
any other cause reasonably beyond the
reasonably beyond the
nonperforming party’s
nonperforming party's control
control andand that is not
that is not attributable
attributable to such nonperforming
t0 such nonperforming party's
party’s
dereliction of
dereliction of duty
duty or negligence hereunder.
0r negligence hereunder. In In the event of any
the event 0f any such
such occurrence,
occurrence, the time
the time for
for
performance
performance of the nonperforming party's
of the obligations or
party’s obligations or duties
duties shall be suspended until
shall be until such
time as the
time as the nonperforming
nonperforming party’s
party's inability to perform,
inability to perform, provided that the
provided that the nonperforming party is
nonperf'orming party is
not responsible for such inability
not responsible for such inability to
to perform,
perform, is
is removed. The party
party claiming
claiming the
the suspension
suspension of
0f
performance shall
performance give notice
shall give notice of such
such impediment or delay in
0r delay in performance to to the
the other
other party
party
within ten
within ten (10) days of
(10) days its knowledge 0f
0f its of the
the occurrence
occurrence of the event
0f the event 0ror events
events causing such
causing such
nonperformance.
nonperformance. The nonperforming
nonperforming party
party shall
shall make all reasonable efforts
all reasonable to mitigate
efforts t0 mitigate the
the
effects of any
effects any suspension of its performance.
suspension ofits performance.

22.
22. SIGNATORY AUTHORITY

The person
person 0r
or persons
persons signing and executing
signing and this Agreement on
executing this on behalf
behalf of the City
Ofthe City has
has bccn
been duly
duly
authorized by City
authorized by City Council Resolution N0.
Council Resolution No. 12- 1388 to execute
1388 to this Agreement on behalf
execute this behalf of
of the
the
City
City and to validly
and to validly and
and legally
legally bind
bind the
the City
City to all terms,
to all terms, conditions,
conditions‘ performances,
performances, and
provisions set
provisions set forth herein. The
forth herein. 'l‘he person
person or persons signing
0r persons signing and executing this
and executing Agreement on
this Agrcement

behalf
behalf of
0f DCS has been duly
has been duly authorized
authorized byby action
action of
of the
the DCS Board
Board 0fof Trustees
Trustees toto execute
execute this
this
Agreement on behalf of
0n behalf of DCS andand to
t0 validly and legally
validly and legally bind
bind DCS to to all
all terms,
terms, conditions.
conditions,
performances, and
perfonnances. provisions set
and provisions set forth
forth herein.
herein.

[SIGNATURE PAGE FOLLOWS]

lNTERLOCAL AGREEMENT TO ENFORCE AND ADMINISTER


[NTERLOCAL 8
8
NUM BER 28654
ORDINANCE NUMBER 28654
BETWEEN DCS AND DALLAS
VVHEREOF‘ the
IN WITNESS WHEREOF, the parties
parties hereto
hereto have
have executed
executed this
this Interlocal
Interlocal Agreement to
t0

Enforce
Enforce and Administer Ordinance Number 28654 Between Dallas Dallas County Schools and the
the City
City
of
0f Dallas,
Dallas, Texas effective
effective as
as of the Effective
OfthC Effective Date.
Date.

DALLAS COUNTY SCHOOLS

By:_;&
By: flaflfl
__fl_/J_~---
Name: Rick D.
Title:
..
D. Sorrells,
W/
Sorrells. Ed.
Title: Superintendent
Superintendent
Ed. D.
D.

Date:
Date: July 18,
18, 2012

THE CITY OF DALLAS, TEXAS

Recommended By:
By:

fl/ajM
~0-3~
David 0.
O. Brown
Chief
Chief of
0f Police
Police

APPROVED AS TO FROM: CITY OF DALLAS


THOMAS P.
P. PERKINS,
PERKINS. JR.
JR. MARY K. SUHM
MARYK.SUHM
City
City Attorney
Attorney City
City Manager

BY %
Assistant City Attorney

B
Assistant City Manager

INTERLOCAL AGREEMENT TOT0 ENFORCE AND ADMINISTER 9


ORDINANCE NUMBER 28654
BETWEEN DCS AND DALLAS
COUNCIL CHAMBER

12-1388
1 2—1 388
23, 2012
May 23,

WHEREAS, Dallas
Daflas County
County Schools and the
the City
City of
of Dallas,
Dallas. Texas are
are each political
political
subdivisions
subdivisions of
of the
the State
State of Texas; and

WHEREAS, on May 23, 23. 2012,


2012. the
the City Council passed Ordinance No. 28654 , which
City Council ,

amended Chapter 28 of of the


the Dallas
Dallas City
City Code to
to create
create a civil
civi! offense and a civil
civil penalty
penalty
for
for unlawfully
unlawfully passing
passing a stopped school
school bus with
with its
its stop
stop arm extended and red
red lights
lights
flashing, with
flashing, with certain
certain defenses and presumptions,
presumptions. and to
to provide
provide for
for photographic
photographic
enforcement and administrative
administrative adjudication
adjudication of
of school
school bus stopstop arm violations
violations (the
(the
Automated
Automazed School Bus Stop Arm Enforcement Program);
Program); and

WHEREAS, Dallas
Dallas County Schools owns and operates school buses in
in the
the City
City and
has installed
installed video
video equipment on those
those school
school buses in
in order
Older to
to capture
capture potential
potential
violations
violations of
of Ordinance No. 28654
28655 ; and ;

WHEREAS, under Texas Local Local Government Code,


Code. Section
Section 343.011 through
through 343.013,
343.01 3, a
municipality with
municipality with a population of more than 850,000 may contract
population of contract with
with one or
or more
school
school districts
districts to
to provide
provide school
school crossing
crossing guards;
guards; and

WHEREAS, itit has been determined thatthat it is


is in
in the
'rt
the best
best interest
interest of
of the
the citizens
citizens of
of Dallas
Dallas
for
for the
the City
City and Dallas
Dallas County Schools toto enter into
into agreements forfor the
the enforcement
and administration
administration of
of the Automated School Bus Stop Arm Enforcement Program
(established
(established byby Ordinance No.
No. 28654 } and for )
for Dallas
Dallas County Schools to to assume
responsibility
responsibility of
of the School Crossing Guard Program;
Program:

Now, Therefore,
Therefore,

BE IT
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1.
1. That
That the
the City
City Manager is
is hereby
hereby authorized
authorized to
to enter
enter into
into (1}
(1) an lnterlocal
Intedocal
Agreement with
with Dallas
Dallas County Schools toto administer
administer and enforce
enforce the
the Automated
School Bus Stop Arm
Ann Enforcement Program ((established
established by
by Ordinance No.
No. 28654
28654 ););
and (2)
(2) an lnterlocal
Intedocal Agreement with
with Dallas
Dallas County Schools toto administer
administer the
the School
Crossing
Crossing Guard Program.

2. That the
Section 2. the City
City Manager is
is hereby
hereby authorized
authorized to
to execute
execute the
the agreements after
after
they
they have been approved as to
to form by
by the
the City
City Attorney.
Attorney.

3. That this
Section 3. this resolution
tesolution shall
shall take effect
effect immediately on and after
after its
its passage in
in
accordance with
with the
the provisions
provisions of
of the Charter of
of the
the City
City of
of Dallas,
Dallas, and it
it is
is accordingly
accordingly
so resolved.
resolved.

APPROVED BY
CITY COUNCIL

MAY 233 2012


MAY 2 2012

~~d..,
r4144»
City Secretary
City Secretary
121387

5/4/2012
5/4/201 2

ORDINANCE N2. N2 8 6655 4


ordinance adding
An ordinance Article XX ((composed
adding Article composed of
0f Sections
Sections 28-220 through
through 28-234) to CHAPTER
28—234) t0

28,
28, “MOTOR VEHICLES AND TRAFFIC," of
"MOTOR 0f the
the Dallas
Dallas City
City Code,
Code, as
as amended;
amended; defining
defining

terms; creating
terms; creating a civil
civil offense
offense for
for a
a school bus stop
school bus stop arm violation
violation involving a camera-enforced
involving a camera—cnforced

school bus; providing


school bus; providing defenses
defenses and
and presumptions; providing requirements,
presumptions; providing procedures, and
requirements, procedures, and fees
fees

relating to
relating to the
the administrative adjudication of aa civil
administrative adjudication civil school
school bus stop
bus stop arm violation;
Violation; providing
providing for
for

an appeal
appeal to
to municipal court; providing powers,
court; providing powers, duties,
duties, and functions
functions of
of the
the director,
director,

enforcement officers,
officers, and hearing
hearing officers; providing for
officers; providing for the
the imposition,
imposition, collection,
collection, and
and

disposition
disposition of civil
civil fines,
fines, penalties,
penalties, and costs
costs for
for a
a civil
civil school
school bus
bus stop
stop arm violation; providing
violation; providing

for
for a
a civil
civil fine
fine of
of $300;
$300; providing
providing a
a saving
saving clause;
clause; providing
providing a
a severability
scverability clause;
clause; and
and providing
providing

an
an effective date.
effective date.

WHEREAS, Section
WHEREAS. Section 545.066 of
0f the
thc Texas Transportation
Transportation Code creates a criminal
creates a criminal

offense
offense for
for passing
passing a
a stopped
stopped school
school bus
bus that
that is
is operating certain Visual
operating certain visual signals
signals (including
(including red
red

flashing
flashing lights
lights and
and extended
extended stop
stop arms)
arms) while
while loading and unloading
loading and unloading students;
students; and
and

WHEREAS, the
the City
city council has determined
council has that each
detennined that each day
day hundreds
hundreds of
0f motor
motor vehicles
vehicles

unlawfully
unlawfully pass
pass stopped
stopped school
school buses
buses that
that are
are operating
operating visual
Visual signals while loading
signals while loading and
and

unloading students
unloading students in
in the
the city;
city; and
and

WHEREAS, the unlawful passmg


the unlawfiJ] passing of
0f such
such stopped
stopped school
school buses
buses by
by motor vehicles
vehicles

endangers students,
students, drivers,
drivers, and the public; creates
the public; creates a
a high
high risk
risk of
of bodily
bodily injury,
injury, death,
death. and
and

property damage; and


property and increases
increases the risk of
the risk 0f accidents to which
accidents t0 which the
the city
city must
must respond
respond at the
at the

expense of its taxpayers:


()fits and
taxpayers: and
12138
1213877
28654
WHEREAS, the
the city
city council
council finds
finds that
that camera enforcement of school
school bus stop
stop arm

violations
violations has been shown to
has been t0 effectively
effectively reduce
reduce the
thc number of motor vehicles
vehicles unlawfully
unlawfully passing

stopped
stopped school
school buses
buses displaying
displaying the
the required
required visual
Visual signals;
signals; and

WHEREAS, the
the city
city council
council believes
believes that
that establishing
establishing a
a program providing
providing for
for the
the

photographic
photographic enforcement
enforcement and administrative
administrative adjudication
adjudication of
0f school
school bus stop
stop arm violations
violations and

the
the imposition
imposition of
of civil
civil fines
fines for
for those
those violations
violations would reduce
reduce the
the number of
0f motor vehicles
vehicles

unlawfully
unlawfully passing
passing a
a stopped
stopped school
school bus,
bus, thereby
thereby reducing
reducing the
the risks
risks associated
associated with
with such

violations,
violations, and would further
further the
the public
public health,
health, safety,
safety, and welfare;
welfare; and

WHEREAS, the
the city
city council
council wishes
wishes to
t0 establish
establish such
such a
a program pursuant
pursuant to
t0 its
its home rule
rule

authority
authority and the
the authority
authority granted
granted under Section
Section 542.202 of the
the Texas Transportation
Transponation Code,

which allows
allows a
a city
city to
to provide
provide for
for civil
civil enforcement of
of certain
certain traffic
traffic regulations
regulations within
within its
its

jurisdiction and
jurisdiction and in
in the
the reasonable
reasonable exercise
exercise of
0f its
its police
police power;
power; Now, therefore,
therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1.
l. That
That CHAPTER 28, “MOTOR VEHICLES AND TRAFFIC," of
28, "MOTOR the Dallas
0fthc Dallas

City
City Code,
Code, as
as amended,
amended, is
is amended by
by adding
adding Article
Article XX, "Photographic
"Photographic Enforcement and

Administrative
Administrative Adjudication
Adjudication of
0f School
School Bus Stop
Stop Arm Violations,"
Violations,” (composed of Sections
Sections 28-

220 through
through 28-234)
28-234) to
t0 read
read as
as follows:
follows:

“ARTICLE XX.
"ARTICLE

PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE


ADJUDICATION OF SCHOOL BUS STOP ARM VIOLATIONS.

Division 1. Generallv.
Division 1. Generallv.

SEC. 28-220. DEFINITIONS.

In
In this
this article:
article:

2
k)
28654 12138
1213877
(1)
(l) AUTOMATED SCHOOL BUS STOP ARM ENFORCEMENT
PROGRAM means the the installation
installation of
0f photographic
photographic school
school bus stop
stop arm enforcement systems on
school
school buses
buses operated
operated within
within the
the city
city for
for the
the purpose
purpose of
0f reducing
reducing school
school bus stop
stop arm violations
violations
and
and injuries
injuries to
t0 students
students citywide.
citywide

(2)
(2) CAMERA—ENFORCED SCHOOL BUS means aa school
CAMERA-ENFORCED school bus
bus equipped
with
with a
a photographic
photographic school
school bus
bus stop
stop arm enforcement system.
svstcm.

(3)
(3) DATE OF ISSUANCE means the the date
date that
that a
a civil
civil school
school bus stop
stop arm
citation
citation is
is mailed
mailed in
in accordance
accordance with
with this
this article.
article.

(4)
(4) DEPARTMENT means the the department
department of
of the
the city
city designated
designated by
bv the
the city
city
manager to
to enforce
enforce and
and administer
administer this
this article,
article. or
or the
thc department's
department's designated
designated representative.
remsentative.

(5)
(5) DIRECTOR means the
the director
director of
0f the
the department or
0r the
the director's
director’s
authorized
authorized representative.
representative.

(6)
16) OWNER means:
means:

(A)
(A) the
the owner of a
a motor vehicle
vehicle as
as shown on0n the
the motor vehicle
vehicle
registration
registration records
records of
0f the
the Texas Department of Transportation
Transportation or
or the
the analogous
analogous department or
or
agency
agency of
0f another
another state
state or
or country;
country;

(B)
(B) the
the person
person named under
under Section
Section 28-224(d)
28-224(d) or
or (g)
(g) as
as the
the lessee
lessee of
the
the motor vehicle
vehicle at
at the
the time
time of a
a school
school bus
bus stop
stop arm violation;
violation; or
0r

(C)
(C) the
the person
person named under
under Section
Section 28-224(h)
28-224(h) as
as holding
holding legal
legal title
title to
t0
the
the motor vehicle
vehicle at
at the
the time
time of a
a school
school bus stop
stop arm violation.
violation.

(7)
(7) PHOTOGRAPHIC SCHOOL BUS STOP ARM ENFORCEMENT
SYSTEM means aa system
system that:
that:

(A)
(A) consists
consists of cameras installed
installed on the
the exterior
exterior of a
a school
school bus that
that
work inin conjunction
conjunction with
with an
an automatic
automatic stop
stop arm on
0n the
the school
school bus,
bus, which stop
stop ann,
arm, along
along with
with
flashing
flashing warning lights
lights and
and other
other equipment required
required byby Section
Section 547.70l(c)
547.701(c) of the
the Texas
Transportation
Transpoxtation Code,
Code, asas amended,
amended, warns drivers
dn‘vcrs that
that the
the school
school bus
bus is stopped
1's
stopped for
for the
the purpose
purpose of
of
loading
loading or
or unloading
unloading students;
students; and

(B)
(B) is
is capable
capable of0f producing
producing aa recorded
recorded image depicting
depicting the
the license
license
plate
plate attached
attached to
t0 the
the front
front or
0r the
the rear
rear of
ofaa motor vehicle
vehicle that
that passes
passes the
the school
school bus in
in violation
violation of
0f
Section
Section 28-224 of this article.
ofthis article.

(8)
(8) RECORDED IMAGE means aa photographic
photographic or
0r digital
digital image recorded
recorded by
by
aa photographic
photographic school
school bus
bus stop
stop arm enforcement
enforcement system
system that
that depicts
depicts the
the front
front or
0r the
the rear
rear of
0f a
a
motor vehicle.
vehicle.

3
28654 12138
1213877
(9)
(9) SCHOOL BUS hashas the meaning given
thc meaning that term
given that term in
in Section
Section 541.201
541,201 of the
the
Texas Transportation
Transportation Code, as amended.
Code, as amended

(10)
(10) SCHOOL BUS STOP ARM VIOLATION or or CIVIL SCHOOL BUS
ARM VIOLATION means aa violation
STOP ARM violation of Section 28-224 of
ofSection this article.
ofthis article.

(11)
(1 1) SCHOOL BUS STOP ARM CITATION or 0r CIVIL SCHOOL BUS STOP
ARM CITATION means aa citation
citation for
for a
a school
school bus
bus stop arm violation
stop am: violation issued
issued under
under this
this article.
article.

28-221.
SEC. 28-221. GENERAL AUTHORITY AND DUTIES OF THE DIRECTOR AND
DEPARTMENT.

The department
department is is responsible
responsible for
for the
the enforcement
enforcement and
and administration
administration of0f this
this article.
article. The

director shall implement


director shall implement and enforce this article
enforce this and may by
aniclc and by written
written order
order establish
establish such
such rules
rules or
or
regulations, not
regulations. not inconsistent with this
inconsistent with this article.
article. as
as the
the director
director determines
determines areare necessary
necessary to to
discharge
discharge the
the director's
director’s duties
duties under or to
under 0r effect the policy of this article.
t0 effect the policy of this article.

SEC. 28-222.
28-222. ENFORCEMENT OFFICERS -- POWERS,
POWERS. DUTIES, AND
FUNCTIONS.

(a)
(a) The city
city manager or0r aa designated
designated representative
representative shall
shall appoint
anpoint enforcement
enforcement
officers to
officers to issue
issuecivil
civil school
school bus
bus stop
stop arm citations.
citations.

(b)
(b) An enforcement
enforcement officer
officer shall
shall have the
the following
following powers,
powers, duties,
duties, and
and functions:
functions:

(1)
(1) To review recorded
T0 review recorded images
images from
from the photographic school
the photographic school bus
bus stop
stop arm
enforcement system
system to
to determine whether aa school
detelmine whether bus stop
school bus arm violation
stop arm Violation has
has occurred.
occurred.

(2)
(2) To order
T0 order a
a school
school bus
bus stop arm citation
stojLaml to be
citation t0 be issued
issued based
based on evidence
evidence
from the
the recorded
recorded images.
images.

(3)
(i) To void recorded images
void recorded images due to
to lack
lack of
0f evidence
evidence or due to
0r due knowledge that
to knowledge that
aa defense
defense described
described in
in Section
Section 28-224 applies.
applies.

(4)
(4) To
T0 issue warnings in
issue warnings in lieu
lieu of citations during
0f citations during acceptance testing of
acceptance testing of the
the
photographic school
photographic bus stop
school bus stop arm enforcement
enforcement system or
svstcm 0r at
at any
any other
other time prescribed by
time prescribed the
by the
director.
director.

SEC. 28—223.
28-223. HEARING OFFICERS -- POWERS, DUTIES, AND FUNCTIONS.
POWERS. DUTIES.

(a)
(a) The city
city council
council shall
shall designate hearing officers
designate hearing officers from
from a a list
list of
of persons
persons
recommended by the city
by the manager, or
city manager, a designated
or a designated representative,
representative‘ to
t0 administratively
administratively adjudicate
adiudicate
all
all school bus stop
school bus stop ann
arm violations
Violations for
for which aa civil
civil school
school bus
bus stop
stop arm citation has
arm citation has been
been issued.
issued.

(b)
(b1 A hearing
hearing officer
officer shall have the
shall have the following
following powers,
powers duties,
duties, and
and functions:
functions:

(1)
i 1
'2
k To administer oaths.
Igidminismngama.

4
28654 12138
1213877
(2)
(2) To
T0 accept
accept admissions
admissions to,
t0. and
and to
t0 hear
hcar and determine
determine contests
contests of,
0f, school
school bus
stop
stop arm violations
violations under
under this
this article.
article.

(3)
(3) To issue
issue orders
orders compelling
compelling the attendance of
the attendance of witnesses
witnesses and the
the production
production
of
0f documents,
documents, which
which orders
orders may be
be enforced by aa municipal
enforced by court.
municipal court,

((4)
4) To
T0 assess
assess civil
civil fines, penalties, and
fines, penalties, and other
other costs
costs for
for a
a school
school bus stop
stop arm
violation in
violation in accordance
accordance with
with Section
Section 28-231 of this article.
28—231 ofthis article.

(5)
(5) To waive
T0 waive penalties
penalties assessed
assessed for
for a
a school bus stop
school bus stop arm violation
violation in
in
accordance
accordance with
with Section
Section 28-231
28—231 of
0f this
this article.
anicle‘

Division
Division 2.
2. Enforcement of
of School Bus Stop arm Violations
Violations as
as Civil
Civil Offenses.
Offenses.

SEC. 28-224.
28-224. SCHOOL BUS STOP ARlVl
ARM VIOLATIONS AS CIVIL OFFENSES;
DEFENSES; PRESUMPTIONS.

(a)
(a) The owner ofof aa motor
motor vehicle
vehicle that
that is
is operated
operated in violation of Section
in violation Section 545.066 of
the
the Texas Transportation
Transportation Code,
Code. as
as amended,
amended. bv by passing
passing a a stopped camera-enforced school
stopped camera—enforced school bus
bus
displaying
displaying the visual signals
the visual required by
signals required by Section
Section 547.701(c)
547.701(C) of the Texas Transportation
0f the Transportation Code,
Code‘
as
as amended, commits aa civil
amendedi commits civil offense
offense and is liable
and is liable for
for a civil fine
a civil fine under
under this
this article.
article.

(b)
(b1 It is
It a defense
is a defense to
to a
a charge
charge of
of a
a school
school bus
bus stop
stop arm violation
violation under this
this section
section
that:

((1)
1) the
the school
school bus
bus was not
not operating
operating the
the visual
visual signals
signals required
required by Section
Section
547. 701(c) of
547.701(c) 0f the
the Texas Transportation
Transportation Code,
Code. as amended;
as amended;

(2)
(2) the
the operator
operator of the motor
0f the motor vehicle
vehicle was acting
acting in
in compliance with the
the lawful
lawfill
order
order or direction of
0r direction a peace officer;
0f a peace officer;

(3)
(3) the
the operator
operator of the motor vehicle
0f the vehicle was in
in the process of
the process passing the
0f passing the school
school
bus before
bus before the
the school
school bus
bus operated
operated aa visual
visual signal described by
signal descn'bed by Section
Section 547.701(c)
547.701(c) of the
the Texas
Transportation
Transportation Code, as amended;
Code. as amended;

(4)
(4) the operator of
the operator 0f the motor vehicle
the motor vehicle passed
passed the
the stopped
stopped school
school bus
bus so
so as
as to
to
yield the right
yield the light of
0f way to
to an
an immediately
immediately approaching
approaching authorized
authorized emergency
emergency vehicle;
vehicle;

(5)
(5) the
the motor vehicle
vehicle was being
being operated
operated as
as an authorized emergency
an authorized emergencv vehicle
vehicle
under Chapter 546 of the
the Texas Transportation
Transportation Code, as amended, and the
Code, as the operator
operator was acting
acting in
in
compliance with
with that chapter;
that chapter;

(6)
(6) the motor
the motor vehicle
vehicle was aa stolen
stolen vehicle being operated
vehicle being operated byby aa person
person other
other
than
than the
the vehicle's
vehicle’s owner without
without the
the consent
consent of the vehicle
0f the vehicle owner and proof
proof is
is submitted
submitted to
t0 the
the
hearing
hearing officer that the
officer that the theft
theft of
of the
the motor vehicle had been
vehicle had been timely
timely reported
reported to
to the
the appropriate
appropriate law
law
enforcement
grlfiqnggpcnt agencv;
agencv;

5
12138
1218877
28654
(7)
7)
( the license
thc license plate depicted in
plate depicted in the recorded image of the
the recorded the school
school bus stop
stop arm
violation
Violation was aa stolen
stolen plate
plate being
being displayed
displayed on a a motor vehicle
vehicle other
other than
than the
the motor vehicle
vehicle for
for
which
which the
thc plate
plate had been issued
had been issued and
and proof
proof is
is submitted
submitted to the hearing
t0 the hearing officer
officer that
that the theft of the
the thefi the
license plate had
license plate had been
been timely
timely reported to the
reported to the appropriate
appropriate law enforcement agency;
agency; oror

(8)
(8) the presence of
thc presence 0f ice,
ice, snow,
snow, unusual
unusual amounts of
0f rain,
rain, or
0r other unusually
other unusually
hazardous road
hazardous road conditions
conditions existed
existed that would have made compliance with
that with this
this section
section more
dangerous
dangerous under
under the
the circumstances
Circumstances than
than non-compliance.
non—compliance.

(c)
(c) It
It is presumed that
is presumed that the registered owner of
the registered the vehicle
0f the vehicle depicted
depicted in the recorded
in the recorded
image of
image 0f a
a school bus stop
school bus stop arm violation
violation for
for which aa school
school bus stop
stop arm citation
citation is
is issued
issued is
is the
ths
person
person who committed
committed the the school
school bus
bus stop
stop arm violation.
violation. Proof of
0f ownership may be
ownership maV be made by by aa
computer-generated record
computer—generated record 0f thc of the registration
registration of the
of the vehicle
vehicle with
with the
the Texas Department
Department of
0f
Transportation
Transportation showing the the name of0f the person to
the person to whom state
state license
license plates
plates were issued.
issued. This
This
proof
proof isis prima
prima facie
facie evidence
evidence of the ownership of
0f the 0f the
the vehicle
vehicle bvby the person to
the person t0 whom the the
certificate
certificate of registration was issued.
ofregistration issued.

(d)
(d) A vehicle
vehicle owner who is is in
in the
the business
business of
0f selling,
selling, renting,
renting, or
or leasing
leasing vehicles
vehicles will
will
not
not be
be liable
liable for the civil
for the civil school
school bus
bus stop
stop arm fines, penalties, and costs
fines penalties, imposed bv
costs imposed by the city on
the city 0n aa
vehicle for
vehicle for sale
sale or
or aa rented
rented or
0r leased
leased vehicle
vehicle if
if the
the vehicle
vehicle owner presents
presents evidence
evidence establishing
establishing
that the
that the vehicle
vehicle depicted
depicted in in the recorded image was at
the recorded the time
at thc time of
0f the
thc alleged violation being
alleged violation being
rented, leased,
rented. leased, or
0r test
test driven by another
driven bv another person.
person. Evidence sufficient
sufficient to
t0 establish
establish that the vehicle
that the vehicle
being rented,
was being leased, or
rented, leased. 0r test
test driven
driven includes:
includes:

(1)
( l) the true name,
the true name, address,
address, and
and driver's
driver’s license
license number and state
numbcr and state of
of issuance
issuance
of the person renting, leasing,
0f the person renting leasing. oror test
tcst driving the
driving the vehicle
vehicle at
at the
thc time
time the
the recorded
recorded image of the
0f the
school
school bus
bus stop
stop arm violation
violation was taken;
taken; or
or

(2)
(2) aa true
true copy of
0f the
the lease
lease or rental agreement
0r rental in effect
111 effect at
at the
the time
time the
the
recorded image of the
recorded the school
school bus
bus stop
stop arm violation
violation was taken.
taken.

(e)
(e) Evidence presented
presented under Subsection
Subsection (d)
(d) of this
this section must be presented
section must presented
through oral
through testimony 0r
oral testimony or by
by affidavit
affidavit under penalty
penalty of perjury. Evidence through
0f periury. through oral
oral testimony
testimonv
must be
must presented at
be presented at the
the administrative
administrative adjudication
adjudication hearing.
hearing. Evidence by
bV affidavit
affidavit under
penalty
penalty of perjury may be
0f perjury be presented
presented by
by mail.
mail.

(t)
(t) If the
If the owner of of aa vehicle
vehicle presents
presents evidence
evidence under Subsections
Subsections (d) (d) and
and (e)
('e) of
0f this
this
section
section establishing
establishing thatthat the vehicle depicted
the vehicle depicted in
in the recorded image was being
the recorded being rented, leased, or
rented, leased, 0r
test
test driven
driven atat the
the time
time of the violation,
Ofthe Violation, the
the owner may not be held
not be held liable
liable for
for civil
civil school bus stop
school bus stop
arm fines, penalties, and
fines, penalties and costs,
costs, and the
the director
director shall
shall send
send the
the school
school bus
bus stop
stop arm citation
citation to
t0 the
the
test driver
test driver or
0r lessee
lessse who is is presumed to t0 have committed the the school
school bus
bus stop
stop arm violation.
violation. An
owner of
owncr 0f a vehicle who fails
a vehicle fails to
t0 comply with
with Subsections
Subsections (d)(d) or
0r (e)
(e) of
0f this
this section
section will be treated
will be treated
as any other
as any vehicle owner and
other vehicle and will
will be liable
liable for the school
for the school bus
bus stop
stop arm violation.
violation.

f)
28654
28654 12138
1213877
(g)
(g) If, at the
If at the time
time the
the recorded
recorded image of of the
the school bus stop
school bus stop arm violation
violation was taken,
taken,
the vehicle depicted
the vehicle depicted inin the recorded image was owned by aa person
the recorded person in
in the
the business
business of renting or
0f renting 0r
leasing
leasing motor vehicles
vehicles and the the vehicle
vehicle was being rented 0r
being rented or leased
Iemed to
t0 an
an individual,
individual, thethe vehicle
vehicle
owner shall,
shall, within
within 30 calendar
calendar days
days after
afier the
the date
date the
the school bus stop
school bus stop arm citation
citation is
is received,
received,
provide
provide to the department
t0 the depanmcnt the thc name and address
address of
0f the
the individual
individual who was renting
renting or
0r leasing the
leasing the
motor vehicle
vehicle depicted
depicted in in the recorded image and
the recorded and aa statement
statement of
of the period during which that
the period dun‘ng that
individual
individual was renting
renting oror leasing
leasing the vehicle. This
the vehicle. information must
This infomation must be provided regardless
be provided regardless of
whether
whether thethe person provides evidence
person provides under Subsections
evidence under Subsections (d) and (e)
(d) and (e) of this
this section
section that
that the
the
vehicle
vehicle was being rented, leased,
being rented; leased; or
0r test driven at
test driven at the time of the
the time the school bus stop
school bus stop arm violation.
violation.

(h)
(h) A registered
registered owner named in in the
the school
school bus
bus stop
stop arm
ann citation
Citation who did did not
not hold
hold
legal
legal title
title to
to the
the motor vehicle
vehicle atat the
the time
time of
of a
a school bus stop
school bus stop arm violation will not
violation will not be
be liable
liable for
for
the
the civil
civil school
school bus
bus stop
stop arm
ann fines,
fines, penalties,
penalties. and
and costs
costs imposed by
bV the
the city
city on
0n that
that vehicle
vehicle if
if the
the
registered owner presents
registered presents evidence
evidence establishing
establishing that
that another
another person
person held
held legal
legal title to the
title to the vehicle
vehicle
at the time
at the time the recorded image of
the recorded 0f the
the school
school busbus stop
stop arm violation
violation was taken.
taken. Evidence
sufficient
sufficient to to establish that the
establish that vehicle was owned by
the vehicle another person
by another person at
at the
the time
time of
of the
the school
school bus
bus
stop
stop arm violation
violation includes:
includes:

(l}
( 1) the true
the true name,
name. address,
address and driver's
driver's license
license number and state
state of issuance
issuance
of
of the
thc person
person who held
held legal
legal title
title to
t0 the
the vehicle
vehicle at the time
at the time the
the recorded
recorded image of
of the
the school bus
school bus
stop
stop arm violation
violation was taken;
taken; or
0r

(2)
(2) aa true copy of
true copy any purchase
0f any purchase or
or sale
sale documentation (including proof of
(including proof 0f
transfer of title)
transfer 0f title) showing the the name of0f the
the person
person who held
held title
title to
l0 the
the vehicle at the
vehicle at the time
time the
the
recorded image of
recorded of the
the school
school bus
bus stop
stop arm violation
violation was taken
taken {that person's address
(that person’s must also
address must also
be provided
provided if
if not contained in
not contained in the
the documentation).
documentation).

(i)
(i) Evidence presented
presented under
under Subsection
Subsection (h)
(h) of
0f this
this section
section must bebe presented
presented >

through
through oral
oral testimony
testimony or
or by affidavit under
by affidavit under penalty
penalty of
of perjury.
perjury. Evidence through
through oral
oral testimony
testimony
must be presented at
be presented at the
the administrative
administrative adjudication
adjudication hearing.
hearing. Evidence by
bV affidavit
affidavit under
under
penalty of
penalty perjury may be
ofperiurv be presented
presented by mail.
mail.

(j)
(i) If the
If the registered
registered owner named in in the
the violation
violation complies with Subsections
complies with Subsections (h)(m and
(i)
(i) of this
Ofthis section,
section, the
the registered
registered owner may not
not be
be held
held liable
liable for
for civil
civil school
school bus
bus stop
stop arm fines,
fines,
penalties,
penalties, and costs,
costs. and
and the
the director
director shall
shall send
send the
the school
school bus
bus stop
stop arm citation to the
citation to the person
person
who held
held legal
legal title
title to
to the
the vehicle
vehicle at the time
at the time the recorded image of
the recorded 0f the
the school bus stop
school bus arm
stop am1
violation taken. A registered
violation was taken. registered owner named in the school
in the bus stop
school bus stop ann
arm citation
citation who fails to
fails to
comply with
with Subsections
Subsections (h) (h) and
and (i)
(i) of this
0fthis section
section will
will be
be treated
treated as
as any
anV other
other vehicle
vehicle owner and
and
will
will be
be liable
liable for
for the
the school
school bus
bus stop
stop arm violation.
violation.

SEC. 28-225.
28—225. CITATIONSLFORM.
CIVIL SCHOOL BUS STOP ARM CIT A TIO NS; FORM.

(a)
(a) A civil
Civil school
school bus
bus stop
stop arm citation serves
am] citation serves as the summons and
as the and complaint
complaint for
for
purposes
pumoses of this article;
0f this article.

(b)
(b) The school bus stop
school bus stop ann
arm citation
citation must be
be on a
a form prescn'bed
prescribed by the flircctor
by thg director and
and
must include
include the
the following
following information:
information:

7
«l
28654 12138
1218877
(1)
('1) The name and address
address of
0f the
the owner of
0f the
the vehicle
vehicle involved m
in the
the
violation.
xiglaAtim

(2)
(2) A description
description of the violation alleged.
thc violation alleged.

(3)
(3) The date and time
date and time of the violation
0f the violation and the
the location
location of
of the
the school bus where
school bus
the violation occurred.
the violation occurred.

(4)
(4) The citation
citation issuance
issuance date.
date.

(5)
(5) The registration
registration number displayed
displayed 0n
on the
the license
license plate
plate of the vehicle
the vehicle
involved
involved in
in the violation.
the violation.

((6)
6) A copy
copy of
0f a recorded image of the
a recorded thc violation
violation that
that includes
includes aa depiction
depiction of
the registration
the displayed on the
registration number displayed the license
license plate of
plate 0f the vehicle involved in the
the vehicle involved in thc violation.
violation.

(7)
(7) The amount of the civil
0fthe civil fine
fine to
t0 be imposed for
for the
the violation.
Violation.

(8)
(8) The date by which
date by the civil
Which the civil fine
fine must be paid
paid or the request
0r the request for
for an
an
administrative adjudication hearing
administrative adiudication hearing must be made.

(9)
(9) A statement
statement that,
that, in
in lieu
lieu of
0f requesting
requesting an administrative
administrative adjudication
adiudication
hearing,
hearing, the
the person
person named in
in the
the school
school bus stop
stop arm
ann citation
citation may pay
paV the
the civil
civil fine
fine in person or
in person or
by
bv mail at an address
mail at address designated
designated 0non the
the citation.
citation.

(10)
(10) A notification
notification that
that the
the vehicle
vehicle owner has
has the
the right
right to contest the
t0 contest the imposition
imposition
of the
of the civil fine
fine in
civil in an
an administrative adjudication hearing by submitting a written
administrative adjudication written request
request for an
for an
administrative adjudication
administrative adjudication hearing
hearing within
within 303O calendar
calendar days
days after the
afier the date the school
date the bus stop
school bus stop
arm citation
citation is
is issued.
issued.

(11)
(11) A notification
notification thatthat any request bV
any request by the
the vehicle
vehicle owner to have the
t0 have the
enforcement
enforcement officer,
officer. or
0r other
other authorized
authorized person
person who issued
issued the
the citation,
citation, present
present at
at the
the hearing
hearing
must be
must be made inin writing
writing asas part
part of the
the written
written request
request for
for an
an administrative
administrative adjudication
adjudication hearing
hearing
under Paragraph
under Paragraph (('10)
I 0) 0f
of this
this subsection that failure
subsection and that to timely
failure t0 timely make thisthis request
request constitutes
constitutes aa
waiver of
waiver the vehicle
0f the vehicle owner's
owner’s right
right to
t0 require
require the presence of
the presence 0f the
the enforcement officer
officer or01‘ other
other
authorized person at
authorized gerson at the
the hearing.
hearing

(12)
(12) A notification
notification that
that failure to pay
failure t0 Dav the
the civil
civil fine
fine oror to timely request
t0 timelv req uest an
an
administrative
administrative adjudication hearing is
adiudication hearing is considered
considered an admission
admission of liability for
0f liability for the
the school
school bus stop
stop
arm
arm violation,
violation is
is a waiver of the
a waiver the person's
person’s right to appeal
right to appeal the
the imposition
imposition of the civil
0fthc civil fine,
fine, and
and will
will
result
result in
in the
the assessment
assessment of appropriate
appropriate civil
civil fines, penalties, and costs.
fines, penalties costs‘

(13)
(13) A statement
statement that the person will
that the will incur
incur a
a late penalty if
late payment penalty the person
if the person
fails
fails to pay the
t0 Dav the civil
civil fine
fine or
0r request
request an administrative adjudication hearing
administrative adiudicatien hearing within
within 30 calendar
calendar
days after
days the date
after the date of issuance of
Ofissurmce the school
offhe school bus stop
stop arm citation.
Citation.

8
28654 12138
1213877
(14)
{ l4) A notification
notification that
that an arrest
arrest warrant may not be issued
maxnot issued for
for failure
failure to
to timely
pay
pay the
the civil
civil fines,
fines. penalties,
penalties, and costs
costs and that
that the
the imposition of
0f the
the civil
civil penalty
penalty may not be
recorded
recorded on the
the vehicle
vehicle owner's
owner’s driving
driving record.
record.

(c)
(c) The original
original or
0r any copy of
ofaa civil
civil school
school bus stop
stop ann
arm citation
citation is
is a
a record
record kept in
in

the
the ordinary
ordinary course
course of city
city business
business and is
is prima facie
facic evidence of
0f the
thc facts
facts contained inin the
the
citation.
citation.

SEC. 28-226. SERVICE OF A CIVIL SCHOOL BUS STOP ARM CITATION.

(a)
(a1 In
In order
order to
to impose aa civil
civil fine
fine under this
this article,
article, the
the director
director shall
shall send
send aa school
school
bus stop
stop arm citation
citation to
t0 the
the owner of thethe motor vehicle
vehicle involved in in the
the school bus stop arm
violation
violation within
within 30 calendar
calendar days
days after
after the
the date
date the
the violation
violation isis alleged
alleged to
to have occurred.
occurred. The
citation
citation must be sent,
sent, by United States
States mail,
mail. to:
t0:

(1)
(1) the
the owner's address
address as
as shown on the
the registration
registration records
records of
0f the
the Texas
Department of Transportation;
Transportation;

(2)
(2) if
if the
the vehicle
vehicle is
is registered
registered in
in another
another state
state or
or country,
country, the
the owner's
owner’s address
as
as shown on
0n the
the motor vehicle
vehicle registration
registration records
records of
of the
the department or0r agency of the
the other
other state
state
or
or country
countrv analogous
analogous to
to the
the Texas Department of Transportation;
Transportatiog;

(3)
L3) if
if the
the owner presents
nresents evidence
evidence or 0r information
information under Section
Section 28-224(d)
28—224(d) or
0r
(g)
(g) that
that the
the vehicle
vehicle was being
being rented,
rented, leased,
leased. or
or test
test driven
driven at
at the
the time of the
the school
school bus
bus stop
stop ann
arm
violation,
violation. the
the address
address provided
provided by the
the seller
seller or
or lessor
lessor under Section
Section 28-224(d) or
or (g);
(2); or
0r

(4)
(4) if
if the
the registered
registered owner presents
presents evidence
evidence under Section
Section 28-224(h)
28-224(h) that
that
another
another person had legal
legal title
titlc to
to the
thc vehicle
vehicle at
at the
the time
time of the school
Ofthe school bus stop
stop arm violation,
violation. the
the
address
address provided under Section
Section 28-224(h).
28-224(h).

(b)
(b) A school
school bus
bus stop
stop arm citation
citation is
is presumed to
to have been received
received on the
the fifth
fifih day
dav
after
afier the
the date
date the
the citation
citation is
is mailed.
mailed.

SEC. 28-227. ANSWERING A CIVIL SCHOOL BUS STOP ARM CITATION.

(a)
(a) A vehicle
vehicle owner who has been issued
issued a
a civil
civil school
school bus stop
stop arm citation
citation shall,
shall,

either
either personally
personally or0r through
through a a representative,
representative, answer to
t0 the
the charge
charge of the
the school
school bus stop
stop arm
30mth
violation
violation by
by the
the date
date shown on 0n the
thc citation,
Citation, which date
date may not
not be earlier
earlier than
than the
the 30 day after
afier
the
the date
date the
the citation
citation is
is issued.
issuedA An answer maymav be
be made in
in any
any of the following
Ofthe following ways:
ways:

(1)
( 1) An admission
admission of
0f liability
liabilitv with
with a
a payment of the
the applicable
applicable civil
civil fine,
fine, and
any
any additional
additional penalties
penalties and costs.
costs.

(2)
{2) A request
request to
t0 schedule an
an administrative
administrative adjudication
adjudication hearing
hean'nu to
to either
either deny
liability
liability or
0r admit liability
liability with
with an
an explanation
explanation before
before a
a hearing
hearing officer.
officer.

9
28654 121387
(3)
('3) A denial
denial of
0f liability
liability accompanied by by an
an affidavit
affidavit under penalty
penalty of
0f perjury
perjury
presenting
presenting evidence under Section
evidence Section 28-224 that
that the vehicle depicted
the vehicle in the
depicted in the recorded
recorded image was at
at
the
the time
time of the school
0f the bus stop
school bus stop arm
ann violation
violation being rented, leased,
being rented. leased, or test driven.
or test driven.

((4)
4) A denial
denial of liability
liability accompanied bybV an
an affidavit
affidavit under
under penalty
penalty of perjury
of perjury
presenting evidence
presenting evidence under Section
Section 28-224 that
28—224 the person
that the person named in in the
the school bus stop
school bus stop arm
arm
citation
Citation was not
not the
the owner of
0f the
the vehicle
vehicle depicted
depicted in the recorded
in the recorded image at at the
the time
time of the
0f the
violation.
violation.

(5)
(5) A request
request for permission from aa hearing
for permission hearing officer to adjudicate
officer to adjudicate by
bv mail.
mail.

(b)
(h) Payment of the
the civil
civil fine
fine and anv
any additional
additional penalties
penalties and
and costs
costs may be
be made in
in
person or
person 0r by
bv mailing
mailing the
the school
school bus stop
stop arm citation
citation to
to the
the address
address shown on
0n the
the citation,
citation,
accompanied by payment
payment of
0f the
the amount shown on the citation.
0n thc citation. Payment by
by mail
mail may be
be made
only by
only by money order
order or
or check.
check. Payment
Pavment of the
the civil
civil fine
fine and
and all
all penalties
penalties and
and costs assessed
costs assessed
under this
under this article
article operates
operates as
as a
a final
final disposition
disposition of
0f the
the school bus stop
school bus stop arm violation
violation charge,
charge,
except
except when payment is
is made to
t0 reset
reset a
a scheduled
scheduled hearing
hearing as
as allowed under Section
Section 28-229.
28—229.

SEC. 28-228.
28-228. ADJUDICATION BY MAIL.

(a)
(a) If a vehicle
If a vehicle owner charged with
with aa school
school bus stop
stop arm violation shows good
ann violation good cause
cause
for
for not attending aa hearing,
not attending hearing, either
either personally
personally or
0r through
through a representative, the
a representativa the hearing officer may
hearing officer
permit the
permit the matter
matter toto be adjudicated
adjudicated by
bv mail,
mail. which adjudication
adjudication must bcbe completed
completed within
within 90
90
calendar
calendar days
daxs after
after the
the date
date of issuance
issuance of
0f the
the school bus stop
school bus stop arm citation.
citation.

(b)
(b) Letters,
Letters, memoranda, affidavits,
affidavits, photographs,
photographs, and other
other documentary
documentarv materials
materials
will be admissible
will be admissible as
as evidence
evidence for the purposes
for the purposes of adjudication by mail.
adiudication by mail. The hearing officer may
hearing officer
exclude
exclude from consideration
consideration any material that
any material that is
is not
not relevant
relevant to
t0 the
the adjudication
adjudication of the alleged
of the alleged
violation.
Violation.

(c)
(c) Failure of
Failure 0f the
thc vehicle
vehicle owner to t0 proceed
proceed with
with anan adjudication
adiudication byby mail
mail after
after
requesting
requesting and receiving
receiving permission
permission t0to adjudicate
adiudicate by mail is
by mail is an
an admission
admission of liability for
0f liability for the
the
school
school bus stop violation and will
stop arm violation Will subject the owner to
subject the the appropriate
t0 the appropriate civil
civil fines,
fines, penalties,
penalties,
and
and costs
costs assessed by the
assessed by the hearing officer.
hearing officer.

(d)
(d) If a
If a hearing
hearing officer
officer determines
determines that
that adjudication
adjudication cannot
cannot proceed
proceed by
by mail,
mail. the
the
hearing
hearing officer
officer shall
shall advise
advise the
the vehicle
vehicle owner by
bV first class mail
first class mail that
that the
the owner must
must appear
appear to
to
answer the
the charge at aa hearing.
charge at hearing.

SEC. 28-229.
28-229. HEARINGS FOR DISPOSITION OF A SCHOOL BUS STOP ARM
CITATION; CITATION AND PHOTOGRAPHIC RECORDED
IMAGES AS PRIMA F ACIE EVIDENCE.
FACIE

(a)
(a) Every hearing
hearing for
for the
the adjudication
adjudication of
0f a
a school bus stop
school bus stop arm violation
violation charge under
charge under
th
this
this article
article must be held
held before a hearing
before a hearing officer
officer not
not later
later than
than the
the 30
30m day
day after the department
aficr the department
receives
receives a request
21 request for
for an
an administrative adjudication hearing.
administrative adjudication hearing. The director
director shall
shall notify,
natify, in
in writing,
writing,
the
the person requesting aa hearing
pcrsongpqucsting hearing of the
the date,
date time, and location
time, and location of
of the
the hearing.
hearing.

10
10
28654 121387
i2138’7

(b)
(b) A person
person may make aa request
maLmake request t0to reset
reset a
a scheduled
scheduled administrative adjudication
administrative adiudication
hearing.
hearing. A scheduled
scheduled administrative
administrative adjudication
adjudication hearing
hearing may not not be
be reset
reset more than once unless
than once unless
the
the vehicle pays to
vehicle owner pays to the
the director
director an
an amount equal
equal to
t0 the
the applicable
applicable civil
civil fine
fine for
for the
the school
school
bus stop
bus stop arm violation.
violation, with
with any additional
additional penalties
penalties and costs.
costs. The director
director shall
shall issue
issue a
a receipt
receipt
for
for any
any amounts paid
paid under this
this subsection.
subsection. After
After presentation
presentation of
of the
thc receipt,
receipt, all
all amounts paid
paid
will be refunded
Will refunded t0to the vehicle owner if
the vehicle if the hearing officer, or
the heafingofficer, or a
a municipal
municipal court
coun on appeal,
appeal, finds
finds
that the
that the owner is
is not liable for
not liable for the
the school bus stop
school bus stop arm violation.
violation.

(c)
(c) At aa hearing,
hearing, the
the civil
civil school bus stop
school bus stop arm citation
Citation and
and the
the recorded
recorded images
produced by the the photographic
photographic school
school bus stop
stop arm enforcement
enforcement system
svstem are
are prima facie
pn'ma facie proof
proof of
the school
the school bus stopstop arm violation,
violation and the the enforcement
enforcement officer
officer or other authorized
0r other authorized person
person who
issued the citation
issued the citation is not required
is not required t0
to be
be present
present unless
unless requested
requested by the vehicle
by the vehicle owner charged
charged or
0r
by
by the
the hearing
hearing officer.
officer. A vehicle
vehicle owner's
owner’s request
request to
t0 have
have the
the enforcement
enforcement officer,
officer, or
or other
other
authorized
authorized person who issued issued the
the citation,
citation, present
present at the hearing
at the hearing must be be in
in writing
writing and
and received
received
by
bv the hearing officer
thc hearing officer as as part
part of the
thc person's
person’s request
request for
for an
an administrative
administrative adjudication
adjudication hearing.
healing.
Failure
Failure to timely make this
to timely this request
request constitutes
constitutes a waiver of
a waiver of the vehicle owner’s
the vehicle owner's right
right to
to require the
require the
presence of
presence 0f the
the enforcement officer
Officer oror other
other authorized person at
authorized person at the hearing.
the hearing.

(d)
(d) At aa hearing.
hearing, the
the hearing
hearing officer
officer shall
shall hear
hear and consider
consider evidence
evidence presented
presented by the
the
city
citv and by thethe vehicle
vehicle owner.
owner. The formal
fonnal rules
rules of
0f evidence
evidence do not apply
d0 not apply to
t0 a hearing under
a hearing under this
this
article, and the
article. hearing officer
the hearing officer shall
shall make a decision based
a decision based upon a a preponderance
preponderance of0f the
the evidence
evidence
presented
presented at at the
the hearing,
hearing, after giving due weight to
afier giving t0 all presumptions and
a1] presumptions and prima facie evidence
facie evidence
established
established byby this article 0r
this article or other
other applicable
applicable law.
law.

(e)
(e) At aa hearing, the reliability
hearing, the reliability of
of the
the photographic
photographic school
school bus
bus stop
stop arm enforcement
enforcement
system used t0 to produce the recorded images
the recorded images of thethe school
school bus
bus stop
stop arm violation
violation may be be attested
attested
to
to by affidavit
affidavit of an officer
officer or
0r employee of the the city,
city, or
0r of the entity
0f the with which the
entity with the city
city contracts
contracts
to install
t0 install or
0r operate the system,
operate the system. who is is responsible
responsible forfor inspecting
inspecting and maintaining the
and maintaining the system.
system An
affidavit
affidavit of0f an officer
officer or0r employee of0f the
the city that alleges
city that alleges aa school
school bus
bus stop
stop arm violation
violation based
based
on an inspection
0n inspection of 0f the
the pertinent recorded images
pertinent recorded images is is admissible
admissible inin a proceeding under
a proceeding under this
this article,
article,
is
is evidence
evidence of 0f the
the facts contained in
facts contained the affidavit,
in the affidavit, and is prima
and is prima facie
facie evidence
evidence of0f the
the violation
violation
alleged
allcgcd in the school
in thc school bus
bus stop citation.
stop arm citation.

(f)
(f) At the
the conclusion of
0f the hearing, the
the healing. the hearing
hearing officer
officer shall
shall immediately
immediately render
render an
order
order or
or decision,
decision, either
either by:
by:

((1)
1) finding
finding the
the vehicle
vehicle owner liable
liable for
for the
the school bus stop
school bus stop arm violation,
violation,
assessing
assessing the
the applicable
applicable civil
civil fine
fine and any penalties and other
penalties and other costs
costs in
in accordance
accordance with
with this
this
article, and notifying
article, notifying the
the owner of the right
ofthe right to
to appeal
appeal to municipal court;
t0 municipal or
court; 0r

(2)
(2) finding
finding the vehicle owner not
the vehicle not liable
liable for
for the
the school
school bus
bus stop
stop arm violation.
violation.

(g)
(g) An order
order of a hearing officer
a hearing be in
officer must be in writing
writing, signed,
signed, and
and dated
dated by the hearing
by the hearing
officer
officer and filed
filed with the
the department in
in a
a separate
separate index
index and file. The order
file. The order may bebe recorded
recorded
using
using computer printouts, microfilm, microfiche,
printouts. microfilm, microfiche; or
or similar
similar data
data processing
processing, techniques.
techniques.

11
11
28654 M3877
12138
SEC. 28-230.
28-230. T0 ANSWER A CIVIL SCHOOL BUS STOP ARM
FAILURE TO
0R APPEAR AT A HEARING.
CITATION OR

(a)
(a) The
Thc failure
failure of
0f a
a vehicle
vehicle owner charged with aa school
charged with school bus
bus stop violation to
stop arm violation to
answer toto the
the charge
charge within
within 30 calendar
calendar days after the date of issuance of the school bus stop
days afier the date ofissuance Ofthe school bus stop 211m arm
citation
citation or
0r to
t0 appear
appear at any hearing,
at any hearing, including
including a hearing on appeal,
a hearing appeal, when required
required to
to appear
appear is
is an
an
admission
admission of of liability
liability for
for the
the school bus stop
school bus stop arm violation,
violation, and
and the
the hearing
hearing officer,
officer, or the
0r the
municipal court
municipal court in
in the case of
the case 0f an
an appeal,
appeal, shall
shall issue
issue an
an order
order of0f liability
liability and
and assess
assess against the
against the
the appropriate
owner the appropriate civil fines,
civil penalties, and
fineSLDenaltics, and other
other costs.
costs.

(b)
(b) Within seven
seven calendar
calendar days after filing
days afier filing an order of
an order of liability
liability issued
issued under
under this
this
section,
section. a hearing officer
a hearing officer oror the
the entity
entity with
with which thethe city
city contracts,
contracts, shall
shall notify
notify the
the vehicle
vehicle
owner inin writing
writing of
of the
the order.
order. The notice
notice must be be sent
sent by
bV United
United States
States mail
mail to the address
t0 the address
required
required for
for service
service of a citation
of a citation under
under Section
Section 28-226
28—226 oror to
t0 the
the address
address of the vehicle
0f the vehicle owner last
last
known tot0 the hearing officer.
the hearing officer. The notice must include
notice must include aa statement
statement of:
0f:

(1)
( l) the
thc amount of the civil
0f the civil fines, penalties, and
fines, penalties, and costs
costs assessed;
assessed; and
and

(2)
(2) the
the right
right to appeal to
to appeal t0 municipal
municipal court.
court.

(c)
(c) Regardless
Regardless of
0f any
any other
other provision
provision ofof this
this article,
article, a
a person
person who receives a school
receives a school
bus stop
bus stop arm citation
citation and
and who fails to timely
fails t0 pay the
timely pay the civil
civil fine or fails
fine 0r to timely
fails to timely request
request an
an
administrative
administrative adjudication
adjudication hearing
hearing is
is still entitled to
still entitled to an
an administrative
administrative adjudication
adiudication hearing
hearing if:
if:

(1)
(1) the person submits
the pcrsen submits tot0 the hearing officer
the hearing officer aa written
written request
request for
for a
a hearing,
hearing,
accompanied by by an
an affidavit, that attests to the date
affidavit, that attests t0 the date on which
Which the person received the school bus
the person received the school bus
stop
stop arm citation;
citation; and
and

(2)
(2) the
the written request and affidavit
written request affidavit are
are submitted
submitted to the hearing
t0 the hearing officer
officer within
within
30 calendar
calendar days
daVS after the date
after thc datc the
thc person
person received
received the
the school
school bus
bus stop
stop arm
am] citation.
citation.

SEC. 28-231.
28—231. CIVIL FINES FOR SCHOOL BUS STOP ARM VIOLATIONS;
PENAL TIES AND OTHER COSTS.
PENALTIES

(a)
(a) If
If a civil fine
a civil fine is
is assessed
assessed under
under this
this article,
article, it
it must be
be in
in accordance
accordance with
with this
this
section A fine
section. fine may notnot be
be waived or0r modified
modified byby aa hearing officer, or
hearing officer, or by
bV aa municipal
municipal court
court on
on
appeal,
appeal, when a a vehicle
vehicle owner is is found
found liable
liable for
for aa school
school bus
bus stop
stop arm violation,
violation, except that
except that
additional penalties
additional penalties and
and other
other costs may be
costs mav be added
added in
in accordance
accordance with this section.
with this section.

(b)
(b) The owner ofofaa motor
motor vehicle
vehicle liable
liable for
for a
a school bus stop
school bus stop arm violation
violation shall pay aa
shall pay
civil
civil fine
fine of
0f $300 for
for each violation.
each violation.

(c)
(c) An additional
Au additional $25
$25 late
late payment penalty
penalty will
will be
be assessed if the
assessed if the vehicle
vehicle owner fails
fails

g;

(!)
(1) answer aa school bus stop
school bus stop arm citation
citation within
within 30
30 calendar
calendar davs
davs after
afler its
its date
date
of issuance;
of‘issuance'

12
28654 121387
121887
(2)
(2L appear
appear at aa hearing
at hearing scheduled
scheduled to
to adjudicate
adiudicatc the
the school bus stop
school bus stop arm
violation
violation charge;
charge; or
0r

(3)
(3) after being found
after being found liable,
liable, pay
pay all
all civil
civil fines, penalties, fees,
fines, penalties, fees, and costs
costs
assessed for
assessed for a
a school
school bus
bus stop
stop arm violation within
ann Violation within the time designated
the time by the
bv
designated the hearing
hearing officer,
officer, or
0r
by the municipal
by the court on appeal.
municipal court appeal.

(d)
(d) A penalty
penalty assessed
assessed under Subsection
Subsection (c)
(c) of
0f this
this section
section may be be waived by
bv aa
hearing
hearing officer,
officer, or
or by
by aa municipal
municipal court
court on
0n appeal,
appeal, if the vehicle
if the vehicle owner can
can establish
establish that:
that:

(l)
( l) through
through no fault
fault of
0f the
the owner:

(A)
(A) no notice
n0 notice of
0f the
the school bus stop
school bus stop arm violation
violation was received
received as
as
required
reguircd by this article;
bx this article;

(B)
(B) no notice
notice of
0f the
the hearing
hearing officer's
officer’s order received as
order was received as required
required by
bv
this article; or
this article; 0r

(C)
(C) payment of
0f the
the civil
civil fine
finc assessed
assessed for
for the
the school
school bus
bus stop
stop arm
violation
violation was not posted in
not posted in a
a timely manner; or
timely manner; 0r

(2)
(2) the penalty
the penalty was assessed
assessed in
in error.
error.

SEC. 28-232.
28-232. APPEAL FROM HEARING.

(a)
(a) A vehicle
vehicle owner determined by aa hearing
hearing officer
officer at an administrative
at an adjudication
administrative adjudication
hearing to
hearing be liable
t0 be liable for a school
for a school bus stop
stop arm violation
violation may appeal this determination
appeal this determination to the
t0 the
municipal court
municipal court by filing
filing an appeal
appeal petition, along with
petition. along with a
a filing
filing fee
fee of $15,
$15, with
with the municipal
the municipal
st
court clerk or
coun clerk or aa deputy
deputy clerk
clerk before
before the
the 31
3 l" calendar
calendar day
day after
aficr the
the date
date the hearing officer's
the hearing officer’s order
order
is entered
is entered with the department. If
the department. the hearing officer's
If the order is
officer‘s order is reversed.
reversed, the
the $15
$15 filing
filing fee will
fee will
be returned
be returned by the
the city
cityto
t0 the
the appellant.
appellant.

(b)
(b) Upon receipt
receipt of an
an appeal
appeal petition,
petition, the municipal court
the municipal court clerk
clerk or
or deputy
deputy clerk
clerk shall
shall
schedule
schedule an an appeal
appeal hearing and notify
notify all
all parties
parties of
0f the
the date,
date, time,
time, and location
location of
of the
the hearing.
hearing.
The enforcement officer
officer 0ror other
other authorized person who issued
authorized person the civil
issued the civil school bus stop
school bus stop arm
citation
citation is not required
is not required to
to be present
present atat the
the appeal
appeal hearing
hearing unless requested by the
unless requested the vehicle
vehicle owner
charged.
charged; A vehicle
vehicle owner's
owner’s request
request tot0 have the
the enforcement officer,
officer, oror other authorized person
other authorized person
who issued
issued the
the citation, present at
citation. present at the
the appeal
appeal hearing
hearing must be in in writing
writing and
and made as part of
as part 0f the
the
appeal petition.
appeal petition. Failure
Failure to
to timely
timely make thisthis request
request constitutes
constitutes a a waiver
waiver ofof the
the vehicle
vehicle owner's
owner‘s
right to
right require the
to require the presence
presence of the enforcement
0f the enforcement officer
officer oror other
other authorized
authorized person
person at
at the
the appeal
appeal
hearing.
hearing.

(c)
(c) The apgeal
appeal hearing
hearing must bebe aa trial
trial de
de novo in
in municipal
municipal court
court and
and is
is a
a civil
civil
proceeding.
proceeding. The decision
decision of the municipal
Ofthe municipal court
court is
is final.
final.

!3
28654 121387
(d)
(d) Service
Service of
of notice
notice of appeal
appeal under this
this section
section stays
stays the
the enforcement and collection
collection
of any
any civil
civil fines,
fines, penalties,
penalties. and
and costs
costs ordered
ordered by
by the
the hearing
hearing officer.
officer. An appeal
appeal petition
petition must be
accompanied by aa notarized
notarized statement
statement in
in which the
the vehicle
vehicle owner agrees
agLees to to pay all
all civil
civil fines,
fines,
penalties,
penaltiesL and costs
costs ordered
ordered bybv the
the hearing
hearing officer,
officer if if the
the person is is still
still found liable
liable by the
the
municipal
municipal court
coun upon appeal.
appeal.

(e)
(£1 At an appeal
appeal hearing,
hearing, the
the civil
civil school
school bus stop
stop arm
ann citation
citation and the
the recorded
images produced bV by the
the photographic
photographic school
school bus stop
stop ann
arm enforcement system
svstem are
are prima
pm’ma facie
facic
proof
proof of
of the
thc school
school bus
bus stop
stop arm violation,
violation and the the enforcement
enforcement officer
officer oror other
other authorized
authon‘zed
person
person who issued
issued the
the citation
citation is
is not
not required
required to
t0 be present
present unless
unless requested
requested by
bv the
the vehicle
vehicle
owner.
owner.

(f)
(f) At an
an appeal
anneal hearing,
hearing, the
the reliability
reliability of
of the
the photographic
photographic school
school bus stopstop ann
arm
enforcement
enforcement system
system used
used tot0 produce
produce the
the recorded
recorded images
images of the
thc school
school bus stop
stop arm violation
violation
may be attested
attested to
t0 by
bV affidavit
affidavit of of an
an officer
officer oror employee
employee ofof the
the city,
city, or
or of
0f the
the entity
entity with which
the city
the city contracts
contracts toto install
install or
or operate
operate the
the system,
system. who is is responsible
responsible forfor inspecting
inspecting and
maintaining
maintaining the system An affidavit
the system. affidavit of0f an
an officer
officer or0r employee of 0f the
the city
city that
that alleges
alleges aa school
bus stop
stop violation
violation based on an an inspection
inspection of0f the
the pertinent
pertinent recorded
recorded images is is admissible in in a
proceeding
proceeding under
under this
this article,
article‘ is
is evidence
evidence of
of the
the facts
facts contained
contained in the
in the affidavit,
affidavit, and is prim a facie
and is pn'ma facie
evidence of
0f the
the violation
violation alleged
alleged inin the
the school
school bus stop
stop ann
arm citation.
citation.

SEC. 28-233.
28—233. EFFECT OF LIABILITY; EXCLUSION OF CIVIL REMEDY;
ENFORCEMENT.

(a)
(a) The imposition
imposition of a a civil
Civil fine
fine under this
this article
article is
is not
not aa conviction or
or criminal
criminal
offense
offense and may
mav not
not be considered
considered a a conviction
conviction or
0r criminal
criminal offense
offense for
for any purpose.
purpose. Failure
Failure to
t0
timely
timely pay
pav aa civil
civil fine
fine under this
this article
article may notnot result
result in
in an
an arrest
arrest warrant
warrant being issued
issued for
for the
the
vehicle
vehicle owner and may
maV not
not be recorded
recorded on 0n the
the owner's
owner’s driving
driving record.
record.

(b)
(b) A civil
civil fine
fine may notnot be imposed under this
this article
article on
0n the
the owner of0f a motor vehicle
vehicle
if
if the
the operator
operator of
0f the
the vehicle
vehicle was arrested
arrested or
0r was issued
issued aa criminal
criminal citation
citation by aa peace officer
officer
under Section
Section 545.066 of the thc Texas Transportation
Transportation Code,
Code, asas amended, forfor the
the school
school bus stop
stoD
arm violation
violation recorded
recorded by thethe photographic
photggraphic school
school bus
bus stop
stop arm enforcement system.
system.

(c)
(C) The city
city attorney
attorney is
is authorized
authorized to
t0 file
file suit
suit or
0r take
take other
Other action
action to
t0 collect
collect any civil
civil

fines,
fines, penalties,
penalties and costs
costs assessed
assessed under this
this article.
article.

SEC. 28-234.
28-234. DISPOSITION
DISPOSITION OF CIVIL FINES,
FINES. PENALTIES,
PENALTIES. AND COSTS
ASSESSED FOR SCHOOL BUS STOP ARM VIOLATIONS.

Civil
Civil fines, penalties, and
fines, penalties, and costs
costs assessed
assessed under this
this article
article must be used to
to fund the
the
automated school bus stop
stop arm enforcement program,
program, other
other programs designed to
t0 further
further student
student
safety,
safety, and other
other traffic
traffic safety
safety projects
proiects and
and improvements."

14
28654 12138
1213877
SECTION 2.
2. That CHAPTER 28
That 28 of
0f the
the Dallas
Dallas City
City Code,
Code, as
as amended, will
will remain
remain in
in

full force and effect,


filll force effect, save
save and
and except
except as
as amended by
by this
this ordinance.
ordinance. Any proceeding,
proceeding, Civil
civil or
0r

criminal, based upon events


criminal, based events that
that occurred
occurred prior
prior to
t0 the
the effective
effective date
date of
of this ordinance are
this ordinance are saved,
saved,

and the
the former
fonner law is continued in
is continued in effect
effect for that purpose.
for that purpose.

SECTION 3.
3. That
That the terms and
the terms and provisions
provisions of this ordinance
0f this ordinance are
arc severable
scvcrable and are
and are

governed by
by Section
Section 1-4
1-4 of
0f CHAPTER 1 ofthc
of tho Dallas
1 City Code,
Dallas City Code, as
as amended.

SECTION 4.
4. That this ordinance will
this ordinance will take
take effect
effect on
0n June 25,
25, 2012,
2012, and it
it is
is accordingly
accordingly

so ordained.
so ordained.

APPROVED AS TO FORM:

THOMAS P.

By
B #7
P. PERKINS.
PERKINS, JR.,

y0mey i i j ~ z
Cf't/ATV?

Passed
Passed
JR., City
City Attorney
Attorney

3 2-0fl
mm 2232912
MAY
--------------

LC/DCC/00523A

I5
15
COUNCIL CHAMBER

122369
322869
September 26, 2012
Se tember26

WHEREAS, under Texas Local Local Government Code,


Code, Section
Section 343.011 through 343.013,
343.011 through 343.013, a
a
municipality with a population
municipality with population of
of more than
than 850,000
850,000 may contract
contract with
with one or
or more
school
schoo! districts
districts to
to provide
provide school
schoo! crossing
crossing guards;
guards; and

WHEREAS, under Texas Local


Loca! Government,
Government, Section
Section 343.013,
343.013, a
a municipality
municipahty may
deduct the administrative
deduct the administrative cost
cost of
of contracting
contracting for
for school
school crossing
crossing guard service
service that
that do
not
not exceed 10% of
of funds
funds available;
available; and

WHEREAS, on May 23, 23, 2012, the City


2012, the City Manager entered
entered into
into (1)
(1) an lnterlocal
Intertocai
Agreement with
with Dallas
Dallas County Schools to
County Schools to administer
administer and enforce
enforce the
the Automated
School Bus Stop
Stop Arm Enforcement Program (established
(estabfished by
by Ordinance No.
No. 28654);
28654);
(2) an lnterlocal
and (2) with Dallas
lnterlocal Agreement with Dallas County
County Schools
Schoois to
to administer the School
administer the
Crossing
Crossing Guard Program;
Program; and

WHEREAS, it is
itis in
in the
the best
best interest
interest of
of the
the City
City to
to retain
retain 10% of
of administrative fees for
administrative fees for
the
the cost
cost of
of contracting
contracting the
the school
schoo! crossing guard program and to
crossing guard to pay
pay 90% ofof child
child
safety
safety funds
funds collected
conected toto Dallas
Dallas County
County Schools
Schools for
for providing
providing school
school crossing guard
crossing guard
program services;
services;

NOW, THEREFORE,

BE IT
lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1.1. That


That the
the City
City Manager be be and
and is
is hereby
hereby authorized
authorized to
t0 expend funds to to
Dallas
Dallas County Schools
Schools for
for monies collected
coHected for the Child
for the Child Safety
Safety Fund toto be used inin

accordance with
with Texas Local
Loca! Government Code Sections 106.003
Sections 1064003 and 343.013 for
for the
the
School
School Crossing
Crossing Guard Program in in an
an amount not to exceed
not to exceed 90% ofof the
the annual
annual amount
of
of the
the monies collected
collected in
in the
the Child
Child Safety
Safety Fund.
Fund.

Section 2.2. That


That the
the City
City Controller
Controller be
be and
and is
is hereby
hereby authorized
authorized toto pay for these
pay for these
services from Fund 0001,
services from Dept DPD, Unit
0001, Dept Unit 2127,
2127, Object
Object 3070,
3070, various
various encumbrance
numbers, vendor number 349114,
numbers, vendor 349114, not to exceed
not to exceed $978,261,
$978,261, oror 90% 0f of the
the annual
annual
amount ofof the
the monies collected
collected in
in the
the Child
Child Safety
Safety Fund.
Fund.

3. That
Section 3. That this
this resolution
resoiutton shall
shall take
take effect
effect immediately
immediately from
from and after
after its
its passage

in
m accordance withwith the
the provisions
provisions ofof the
the Charter of the
Charter of the City
City of
of Dallas,
Danes, and it is
itis

accordingly
accordingly so
so resolved.
resolved
APPROVED
PPROVED BY
By
CITY COUNCIL
?:m'
1

SEP
SE? 2
2 6
s 2012
20:2
1

i
E

Exhibit A-3
STA TE OF TEXAS
STATE xx SUPPLEMENTAL AGREEMENT NO. l l

COUNTY OF DALLAS xx TO INTERLOCAL


INTERLOC AL AGREEMENT
BETWEEN CITY OF DALLAS AND
DALLAS COUNTY SCHOOLS

THIS SUPPLEMENTAL AGREEMENT NO. I to to that


that certain
I certain INTERLOCAL AGREEMENT
BETWEEN CITY OF DALLAS AND DALLAS COUNTY SCHOOLS executed by the
cxccutad by the City
City
Manager under
under the
the authority
authority of
0f Resolution
Resolution No.
No. 12-1388.
124388‘ adopted
adopted by
by the
the City
City Council
Council on
0n May 23.
23.
2012.
2012, ("the
(“the Contract"). by and between
Contract”), by between the
the CITY OF DALLAS.
DALLAS”, TEXAS, aa Texas municipal
municipai
corporation,
corporation? hereinafter
hereinafter called
called "CITY,"
“CITY,” and DALLAS COUNTY SCHOOLS. SCHOOLEL aa political
political
subdivision
subdivision of
0f the
the State
State of Texas.
Texas. with
with offices
offices; at
at 612 North Zang Boulevard.
North Boulevard, Dallas.
Dallas. Texas
75208.
75208. hereinafter
hcreinafmr called “DCS,” evidences
called "DCS," evidences the
the fiJllowing:
fbllowing:

I.
L Section
Section 4.B.
4B. of the Contract
of‘the Contract is
is amended as
as follows:
follows:

4.
4. DISTRIBUTION
DISTRKBUTION OF FINES, PENALTIES, AND COSTS

All
AH civil
civil fines, penalties. and costs
fines, penaltiés, costs assessed under the
assessed under the Ordinance shall be distributed
shall be distributed in
in
the
the fr)llowing
fbllowing manner:

B.
B, $50 of0f each
each violation
violation collected
collected shall be deposited
shall be deposited into
into a joint escrow account
a joint account to t0
cover
cover future
future unbudgeted expenses
expenses incurred
incurred byby the
the City 0r DCS with
City or with respect
respect to10 the
the
Stop Arm Camera Program or 0r the
the Ordinance.
Ordinance. The escrow accountaccount will
win be be aa
separate
separate bank account maintained by by DCS. At the the end of each Fiscal
ofcach Fiscal Year.
Year, DCS
shall
sha)! account for for and report
report all
all transactions
transactions in in the
the escrow account
account to10 the
the City.
City.
Expenditures may only only bebe made fromfmm this
this account
account upon mutual priorprior written
written
approval from both the DCS Superintendent
both the Superintendent and the the City
City Manager or 0r his
his or
0r her
her
designee(s)
design€e(s) of 0f what
What the
the expenditures
expenditures will
will entail.
entail. Should this
this Agreement tem1inate
terminate
or
01‘ the
the Stop Ann Arm Camera Program end, end$ DCS and the the City
City will
will equally
equally split
split the
the
receipts
receipts inin the
the escrow account
account after
after all
all previously
previously approved expenses
expenses have been
been
paid in
paid in full.
full.

2.
pd
All
AH other
other terms, provisions. conditions.
terms, provisians, conditions, and obligations
obligations of the Contract
Ofthe Contract between thethe CITY
and DCS shall
shall remain in
in full
full force
force and effect,
effect, and said
said Contract,
Contract, asa3 same may have been
been
previously amended, and this
previously this Supplemental Agreement No. No. 1 shall be construed
shall be.
I construed together
together
as
as a
a single
single contractual
cuntractual agreement.
agreement,
EXECUTED this this the
the 5
:3 “M day of ~L.fMbf
()f’AQggflfiV/L$r , 2012. by CITY, signing by and
through its City
(‘in Manager,
Manager. duly
duiy authorized to Nu ==·~~~·IL'·
to execute same by Resolution No. Q’Qfiég, adopted
by
by the
the City
City Council on
0n @kmézr
~tllMf.ler
’’’’’ u,
35,309' ,_ and by
by DCS,
DCS. acting
acting through its
its duly
duly authorized
official.
official,

Recommended By-
By: DALLAS COUNTY SCHOOLS:
SC HOOLS:

Chief
QMK
David 0.
0A Brown
Brawn
of Police
Chiefof
,,,,,
BY a,fl /JWIZ%////
!o~t1tj'/I;
,19/6
Rick D. Sorrells,
Sorrells, Ed.
Superintendent
D.
Ed. D.

APPROVED AS TO FORM:
THOMAS P. PK PERKINS, JR.
JR.
City
City Attorney

Assistant City Attorney 3f A_w m City Managsr


150881
May 13,
13 2015

WHEREAS, Dallas
Dallas County Schools and the
the City
City of
of Dallas,
Dallas, Texas are
are each political
political
subdivisions of
subdivisions of the
the State
State of
of Texas; and

WHEREAS, on May 23, 23, 2012,


2012, the
the City
City Council passed Ordinance No. No. 28654,
28654, which
amended Chapter 28 of of the
the Dallas
Dallas City
City Code to
to create
create aa civil
civii offense
offense and aa civil
civil penalty
penalty
for
for unlawfully
unlawfully passing a stopped school
schoo! bus with
with its stop arm extended and red
its stop red lights
Sights
flashing,
flashing, with
with certain
certain defenses and presumptions, and to to provide
provide for
for photographic
enforcement and administrative
administrative adjudication
adjudication of
of school
schooi bus stop stop arm violations
violations (The
(The
School
School Bus Stop Arm Enforcement Program);
Program); and

WHEREAS, DallasDaHas County Schools


Schoois owns and operates school
school buses in
in the
the City
City and
installed video equipment on those school
has installed schooI buses in
in order
order to
to capture
capture potential
potential
Violations of Ordinance No.
violations of No. 28654; and

WHEREAS, it was determined on May 23,


it 23, 2012, to
to be in
in the
the best interest
interest of
of the
the citizens
citizens
of
of Dallas
Dalias for the City
for the City and Dallas County Schools to
DaHas Schools to enter into agreements for
enter into for the
the
enforcement and administration
administration of
0f the
the School Bus Stop Arm Enforcement Program and
for
for Dallas
Dallas County Schools to responsibility of
to assume responsibility of the
the School Crossing
Crossing Guard
Program byby Resolution
Resoiution No. 12-1388;
12-1 388; and

WHEREAS, the the City


City and Dallas
Dallas County Schools wish to to extend the
the term
term of
of the
the Stop
Arm Camera Program and provideprovide for
for the
the release
release of
of funds from the
the escrow account
under certain
certain circumstances.
circumstances,

Now, Therefore,

BE IT
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

Section 1. 1. That the


the City
City Manager is is hereby
hereby authorized
authorized to
to enter
enter into
into a
a renewal
renewal of
of the
the
lnterlocal
Interloca! Agreement (ILA)
(ILA) with
with Dallas
Dallas County Schools (DCS)
(DCS) to
to administer
administer and enforce
enforce
the
the Stop Arm Camera Program, for for the period of
the period of June 25,
25, 2015 through
through May 13,
13, 2040.
2040,

2. That the
Section 2. the Chief
Chief Financial
Financial Officer
Officer is
is hereby
hereby authorized
authorized to
t0 disburse
disburse funds
funds from
from
the
the escrow account for for certain
certain expenses associated
associated with
with the
the operation
operation ofof the
the School
Crossing
Crossing Guard Program as long long as a a minimum of 0f $250,000
$250,000 isis maintained
maintained in
in the
the
account
account at
at all
a" times.
times.

3. That the
Section 3. the City
City Manager is
is hereby authorized
authorized to
to execute
execute the
the supplemental
supplemental
agreements after
after it has been approved as to
it to form by
by the
the City
City Attorney.
Attorney,

4. That this
Section 4. this resolution
resolution shall
shall take
take effect
effect immediately
immediately from and after
after its
its passage

in
in accordance with
with the provisions
provisions of
of the
the Charter ofof the
the City
City of
0f Dallas,
Dallas, and it is
it is

accordingly
accordingly so resolved.
resolved.

Exhibit A-4
ST ATE OF TEXAS
STATE §
§ SUPPLEMENT
SUPPLEMENTALAL AGREEMENT NO. 22
§
§ TO INTERLOCAL AGREEMENT BETWEEN
COUNTY OF DALLAS §
§ CITY OF DALLAS AND DALLAS COUNTY
SCHOOLS

THIS SUPPLEMENT
SUPPLEMENTAL AL AGREEMENT NO. 22 t0 to that
that certain
certain Interlocal
Interlocal Agreamént,
Agreement,
executed
executed by
by the
the City
City Manager under
under the
the authority
authority of Resolution N0.
0f Resolution No. 12-1388, adopted by
124388, adopted by the
the
Dallas
Dallas City
City Council
Council on
0n May 23,
23, 2012 ("the
(“the Agreement"),
Agreement”), by
by and
and between
between the
the CITY OF
DALLAS, aa Texas municipal
municipal corporation,
corporation, hereinafter
hereinafter called
called "City," and DALLAS COUNTY
“City,” and
SCHOOLS, aa political
political subdivision
subdivision of
0f the
tha State
State of
of Texas, with offices
Texas, with offices located
located at
at 612
612 North
North Zang
Zang
Boulevard,
Boulevard, Dallas,
Dallas, Texas 75208,
75208, hereinafter
hereinafter called
called "DCS," evidences
“DCS,” the following:
evidences the following:

l.
l. Section
Section 1 of
10f the
the Agreement entitled
entitled "Term" is ravised
“Term” is revised t0
to read
read as
as follows:
follows:

"This
“This Agreement is is effective
effective June 25, 2012 (the
25, 2012 (the "Effective Date") and
“Effective Date”) and shall
shall
remain
remain in
in force
force until
until May 13,
13, 2040."
2040.”

2.
2. Section
Section 4.B.
4B. of
0f the
the Agreement is
is revised to read
revised t0 read as
as follows:
follows:

"$50
“$50 of
0f each violation
Violation collected
collected shall be deposited
shall be into aa joint
deposited into joint escrow
escrow account
account t0to
cover future
future unbudgeted expenses incurredincurred byby the
the City
City 0r
or DCS withwith respect
respect t0 to the
the
Stop Arm Camera Program, the the Ordinance,
Ordinance, 0r or the
the School
School Crossing
Crossing Guard
Program, established
established between the the City
City and DCS 0n on May 23,
23, 2012,
2012, under
under authority
authority
of
0f Resolution No.N0. 12-1388, adopted by by the
the City
City Council
Council 0n on May 23, 23, 2012.
2012. The
escrow account
account will
will be
be aa separate
separate bank account maintained by
account maintained by DCS. At At the
the end
end 0f
of
each Fiscal
Fiscal Year,
Year, DCS shall
shall account
account for
for and report
report all
all transactions
transactions in in the
the escrow
escrow
account tot0 the
the City.
City. Expenditures may only only bebe made from this this account
account upon
mutual prior
prior written
written approval from both the DCS Superintendent
both the Superintendent and and the
the City
City
Manager or 0r his
his or
0r her
her designee(s)
designeeCs) of the expenditures
0f what the expenditures willwill entail.
entail. In
In n0
no event
event
shall
shall the
the balance of 0f the
the escrow account ever fall below $250,000.00.
ever fall $250,000.00. Should
Should thisthis
Agreement terminate
terminate or0r the
the Stop Arm Camera Program end, end, DCS and and City
City shall
shall
equally
equally split
split the
the receipts
receipts inin the
the escrow account after after all
all previously—approved
previously-approved
expenses have been
bean paid
paid in
in full."
full.”

3.
3 All
All other
other terms,
terms provisions,
prmisions conditions,
conditions and obligatiens
obligations 0f
of the
the Agreement between
between
City
City and DCS shall
shall remain inin full
full force
force and effect,
affect and said Agreement, as
said Agreement as same may haw
have been
been
previously
prexiously amended, and this
this Supplemental Agreement N0
Supplamental No. 22 shall
shall be
be construed
construed together
together as
as aa
single
single contractual
contractual agreement.
agreement.

EXECUTED this this the


the 13th
13th day
day of
0f May, 2015,
2015 by
by City, through its
City signing by and through its City
City Manager,
Manager,
duly
duly authorized to
[0 execute same by
by Resolution
Resoiution No.
N0 1
1—5 flégg
--=--""--.._.__, adopted
adopted by
by the
the City
City Council
Council
on
0n May 13,
13, 2015,
2015 and by DCS acting
by DCS, acting through its
its duly
duly authorized officials.
authorized Officmm

SUPPLEMENTAL AGREEMENT NO. T0 INTERLOCAL AGREEMENT


2 TO
N0. 2
0F DALLAS AND DALLAS COUNTY SCHOOLS
BETWEEN CITY OF
Page 11 of
0f 2
APPROVED AS TO FORM: CITY OF DALLAS
WARREN M. S. S. ERNST A.C.
AC. GONZALEZ
City
City Attorney
Attorney City
City Manager

,qfwi
BY fiamyfgg
f
A??ngé 3 3 I f;

Assistant
Assistant City
City Manager

ATTEST: DALLAS COUNTY SCHOOLS

BY
V/f/m?
x v r m f if;

BY _ _ _ _ _ _ _ _ _ _ _ __ fléfixflffi
-
_

BY /,
,

VJ fig;
:2

Rick 13. Sorrengfid. D.


Name: _ _ _ _ _ _ _ _ _ _ __
Name: Superintendent
Superintendent

Title:
Tide: - - - - - - - - - - - - -

ITRON,
ITRON‘ INC
INCL
SUPPLEM
SUPPLEMENTAL ENTAL AGREEMENT NC}; T0 MAINTENANCE AGREEMENT
NO. 33 TO
Pagx: 2
Page 0f 2
3 of 3
G/L Account of Revenues Due to Stop Arm Participating Markets
As Of December 11, 2017

Year Fund Fund Title Account Account Title Amount


2018 4708 SAFETY PARTNERSHIP 2123903 ADMIN HEARING - COPPELL 2,875.00
2018 4708 SAFETY PARTNERSHIP 2123913 ADMIN HEARING - LANCASTER 1,000.00
2018 4708 SAFETY PARTNERSHIP 2123922 ADMIN HEARING - CARROLLTO 3,875.00
2018 4708 SAFETY PARTNERSHIP 2123939 ADMIN HEARING - FARMERS B 825.00
2018 4708 SAFETY PARTNERSHIP 2124000 DUE TO OTHERS - STOP ARM 251.34
2018 4708 SAFETY PARTNERSHIP 2124020 DUE TO DALLAS 118,831.64
2018 4708 SAFETY PARTNERSHIP 2124030 DUE TO FMS, INC (ROYALTY) -
2018 4708 SAFETY PARTNERSHIP 2124035 DUE TO FMS' CEO (ROYALTY) -
2018 4708 SAFETY PARTNERSHIP 2124040 ESCROW-STOP ARM VIOLATION -
2018 4708 SAFETY PARTNERSHIP 2124060 DUE TO AMS - STOP ARM -
2018 4708 SAFETY PARTNERSHIP 2124903 DUE TO COPPELL 9,026.67
2018 4708 SAFETY PARTNERSHIP 2124913 DUE TO LANCASTER 3,783.23
2018 4708 SAFETY PARTNERSHIP 2124922 DUE TO CARROLLTON 39,403.41
2018 4708 SAFETY PARTNERSHIP 2124939 DUE TO FARMERS BRANCH 7,126.55
2018 4708 SAFETY PARTNERSHIP 2125903 DUE TO COPPELL ISD 13,666.98
2018 4708 SAFETY PARTNERSHIP 2125913 DUE TO LANCASTER ISD 4,228.89
2018 4708 SAFETY PARTNERSHIP 2125922 DUE TO CFB ISD 26,601.86
2018 4718 STOP ARM OUT OF CTY 2012B 2123752 ADMIN HEARING - ELGIN 575.00
2018 4718 STOP ARM OUT OF CTY 2012B 2123753 ADMIN HEARING - SCHULENBU 25.00
2018 4718 STOP ARM OUT OF CTY 2012B 2123917 ADMIN HEARING - SOCORRO 1,500.00
2018 4718 STOP ARM OUT OF CTY 2012B 2123924 ADMIN HEARING - WORTHAM -
2018 4718 STOP ARM OUT OF CTY 2012B 2123925 ADMIN HEARING - BUCKHOLTS -
2018 4718 STOP ARM OUT OF CTY 2012B 2123941 ADMIN HEARING - WEST LAKE 175.00
2018 4718 STOP ARM OUT OF CTY 2012B 2124000 DUE TO OTHERS - STOP ARM -
2018 4718 STOP ARM OUT OF CTY 2012B 2124010 DUE TO SAN MARCOS 79,787.56
2018 4718 STOP ARM OUT OF CTY 2012B 2124030 DUE TO FMS, INC (ROYALTY) -
2018 4718 STOP ARM OUT OF CTY 2012B 2124035 DUE TO FMS' CEO (ROYALTY) -
2018 4718 STOP ARM OUT OF CTY 2012B 2124050 DUE TO SAN MARCOS CISD 84,194.46
2018 4718 STOP ARM OUT OF CTY 2012B 2124060 DUE TO AMS - STOP ARM -
2018 4718 STOP ARM OUT OF CTY 2012B 2124100 DUE TO OTHERS - REFUNDS -
2018 4718 STOP ARM OUT OF CTY 2012B 2124752 DUE TO ELGIN 2,750.27
2018 4718 STOP ARM OUT OF CTY 2012B 2124753 DUE TO SCHULENBURG 187.50
2018 4718 STOP ARM OUT OF CTY 2012B 2124917 DUE TO SOCORRO 9,026.90
2018 4718 STOP ARM OUT OF CTY 2012B 2124924 DUE TO WORTHAM 60.00
2018 4718 STOP ARM OUT OF CTY 2012B 2124925 DUE TO BUCKHOLTS 60.00
2018 4718 STOP ARM OUT OF CTY 2012B 2124941 DUE TO WEST LAKE HILLS 780.00
2018 4718 STOP ARM OUT OF CTY 2012B 2125752 DUE TO ELGIN ISD 1,898.15
2018 4718 STOP ARM OUT OF CTY 2012B 2125753 DUE TO SCHULENBG ISD 187.50
2018 4718 STOP ARM OUT OF CTY 2012B 2125917 DUE TO SOCORRO ISD 9,026.90
2018 4718 STOP ARM OUT OF CTY 2012B 2125924 DUE TO WORTHAM ISD 37.50
2018 4718 STOP ARM OUT OF CTY 2012B 2125925 DUE TO BUCKHOLTS ISD 37.50
2018 4718 STOP ARM OUT OF CTY 2012B 2125941 DUE TO EANES ISD 487.50

422,292.31

Exhibit A-5
‘91
Exhibit B
I

City of Dallas

December 14, 2017

Via Certified Mail and Email

Mr. Alan King, CEO


Dallas County Schools Dissolution Committee
5151 Samuell Blvd.
Dallas, Texas 75228

Re: Interlocal Agreement for the Administration of the School Crossing Guard Program
(“Crossing Guard ILA”) and Interlocal Agreement to Enforce and Administer Ordinance
Number 28654 (“Stop Arm Camera Program ILA”), both between Dallas County Schools
(“DCS”) and the City of Dallas (“City”), dated May 23, 2012, as amended May 13, 2015

Dear Mr. King:

Thank you and your team for meeting with City Staff on Monday regarding the School Crossing
Guard Program currently administered by DCS. As a result of our discussion, it is our
understanding that the Dissolution Committee has determined that since DCS no longer exists, that
the ILA’s described above no longer exist. You advised our team that the Dissolution Committee
Board will be asked to make a decision on Monday, December 18th to no longer fund the school
crossing guard program after January 31, 2018. As a result, the City is having to take
extraordinarily quick action on options to continue the program, including seeking direction from
the City Council.

We confirmed Monday afternoon that the Bank of America joint escrow account that was set up
under Section 4B of the Stop Arm Camera ILA, and should, per the amended agreement have a
minimum deposit of $774,850.00, only has a current deposit of $249,496.69. The amount owed
to the City from the escrow exceeds $387,000, so the City expects that the entire amount of the
account held for the dissolved ILA, currently $249,496.69, will be transferred to the City
immediately. The City is also owed the agreed upon City expenses for the adjudication of the stop
arm citations and requests an accurate accounting of the amounts owed so that it can file its claim
for payment.

The City also requests that all of the equipment provided by the City to DCS in 2012 for the school
crossing guard program described in Appendix A of the School Crossing Guard ILA, as well as
all new equipment purchased by DCS, including vehicles, computer equipment, software used to
manage schedules, signs, caps, reflective ponchos, winter coats, rain coats, reflective vests, or any

CITY MANAGER’S OFFICE 1500 MARILLA ST., 4EN DALLAS, TX 75201 214-670-3297
Mr. Alan King, CEO
Dallas County Schools Dissolution Committee
December 14, 2017
Page 2

other equipment that is used for the school crossing guard program, be transferred to the City as
soon as possible.

Lastly, the City has made all of its required payments of the monies collected from the Child Safety
Trust Fund to DCS for the operation of the school crossing guard program, but since the
Dissolution Committee intends to cease the program, the City will retain any current and future
amounts in Child Safety Trust Fund fees collected.

As Staff discussed during the meeting, it will not be possible for us to brief the Dallas City Council
until Wednesday, January 3, 2018. I am respectfully requesting that you be present to answer any
questions that the City Council may have about the School Crossing Guard Program.

Again, thank you for taking the time to meet with my team. I know that you and your team have
tremendous challenges as it relates to the dissolution of DCS. The City will continue to work with
the Dissolution Committee to obtain the best possible outcome for Dallas school children. We
appreciate your candor and your continued best efforts as we work together to resolve this
situation.

%
Sincerely,

T.C. Broadnax
City Manager

C: Larry Casto, City Attorney, City of Dallas


Carlos G. Lopez, Esquire
Thompson & Horton
Ross Tower
500 North Akard Street, Suite 3150
Dallas, Texas 75201-3302
clopez@thlaw.com

CITY MANAGER’S OFFICE 1500 MARILLA ST., 4EN DALLAS, TX 75201 214-670-3297
CITY MANAGER’S OFFICE 1500 MARILLA ST., 4EN DALLAS, TX 75201 214-670-3297
Exhibit C

From: Alan King [mailto:aking@dcschools.com]


Sent: Tuesday, December 19, 2017 8:30 AM
To: Broadnax, TC <TC.Broadnax@dallascityhall.com>
Cc: Casto, Larry <Larry.Casto@dallascityhall.com>; clopez@thlaw.com; Tolbert, Kimberly
<k.bizortolbert@dallascityhall.com>; Richard Coulter <rcoulter@dcschools.com>; David Thompson
<dthompson@thompsonhorton.com>
Subject: RE: ILA School Crossing Guard Program

As explained to your team Monday of last week, the Dissolution Committee for the Former Board of
Dallas School Trustees is in serious financial condition and the use of available resources is  limited
by law to the safe and reliable transportation services for our component districts. Your requests
below do not meet this definition and I do not have the authority to disperse or distribute assets in
the manner requested. I have forwarded your requests to the our attorney and I am waiting on his
recommendation.

Once your organization makes a commitment to assume the crossing guard service,  I will ask the
dissolution committee for approval to distribute related assets to the city. I will also provide any
accounting information which is readily available for the stop arm program.

I will not be available for you council meeting. However I will gladly answer any questions you might
have.

Mid-year adjustments put a strain on everyone, especially the 400 employees we will be releasing on
January 31, 2018. Unfortunately, the adoption of a budget by the previous administration and board
with an operating deficit of $8 million, inflated revenues of $6 million and a total unrestricted fund
balance with a deficit at June  30, 2017 leaves us with no good choices.

Please let me know if you have any questions.


From: Broadnax, TC [mailto:TC.Broadnax@dallascityhall.com]
Sent: Thursday, December 14, 2017 4:02 PM
To: Alan King <aking@dcschools.com>
Cc: Casto, Larry <Larry.Casto@dallascityhall.com>; clopez@thlaw.com; Tolbert, Kimberly
<k.bizortolbert@dallascityhall.com>
Subject: ILA School Crossing Guard Program
 
Dear Mr. King:
 
Thank you and your team for meeting with City Staff on Monday regarding the School
Crossing Guard Program currently administered by DCS.  As a result of our
discussion, it is our understanding that the Dissolution Committee has determined
that since DCS no longer exists, that the ILA’s described above no longer exist.  You
advised our team that the Dissolution Committee Board will be asked to make a
decision on Monday, December 18th to no longer fund the school crossing guard
program after January 31, 2018.  As a result, the City is having to take extraordinarily
quick action on options to continue the program, including seeking direction from the
City Council. 
 
We confirmed Monday afternoon that the Bank of America joint escrow account that
was set up under Section 4B of the Stop Arm Camera ILA, and should, per the
amended agreement have a minimum deposit of $774,850.00, only has a current
deposit of $249,496.69.  The amount owed to the City from the escrow exceeds
$387,000, so the City expects that the entire amount of the account held for the
dissolved ILA, currently $249,496.69, will be transferred to the City immediately.  The
City is also owed the agreed upon City expenses for the adjudication of the stop arm
citations and requests an accurate accounting of the amounts owed so that it can file
its claim for payment.
 
The City also requests that all of the equipment provided by the City to DCS in 2012
for the school crossing guard program described in Appendix A of the School
Crossing Guard ILA, as well as all new equipment purchased by DCS, including
vehicles, computer equipment, software used to manage schedules, signs, caps,
reflective ponchos, winter coats, rain coats, reflective vests, or any other equipment
that is used for the school crossing guard program, be transferred to the City as soon
as possible.
 
Lastly, the City has made all of its required payments of the monies collected from the
Child Safety Trust Fund to DCS for the operation of the school crossing guard
program, but since the Dissolution Committee intends to cease the program, the City
will retain any current and future amounts in Child Safety Trust Fund fees collected.
 
As Staff discussed during the meeting, it will not be possible for us to brief the Dallas
City Council until Wednesday, January 3, 2018.  I am respectfully requesting that you
be present to answer any questions that the City Council may have about the School
Crossing Guard Program.
 
Again, thank you for taking the time to meet with my team.  I know that you and your
team have tremendous challenges as it relates to the dissolution of DCS.  The City
will continue to work with the Dissolution Committee to obtain the best possible
outcome for Dallas school children.  We appreciate your candor and your continued
best efforts as we work together to resolve this situation.
 
In the Spirit of Excellence!!
 

  T.C. Broadnax
  City Manager
  City of Dallas | DallasCityNews.net
  City Manager’s Office
  1500 Marilla St., 4EN
  Dallas, TX 75201
  O:  214-670-3297 |  F:  214-670-3946
 tc.broadnax@dallascityhall.com

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Exhibit D

Dissolution Committee
Financial Update
109

December 4, 2017
Revenue included in 2017-18 Budget
• Revenue from tickets paid in Dallas County has been decreased by
$727,000.
• Current Collections are around $185,000 per month; so further
reductions will be required.
150

• It appear that citations are being issued by a vendor who is not under
contact with DCS.
DALLAS COUNTY SCHOOLS
REVENUE COMPARISON REPORT
Fiscal Years 2014 Thru 2017 & Year 2018 Budget

FUND - - - - - TITLE - - - - - ACTUAL 2014 ACTUAL 2015 ACTUAL 2016 ACTUAL 2017 2018 BUDGET INC (DEC)
Total In County Stop Arm 7,133,662.33 6,196,573.69 1,675,152.27 3,549,198.12 2,822,030.00

In County Stop Arm Revenue


8,000,000.00

7,000,000.00

6,000,000.00
151

5,000,000.00

4,000,000.00

3,000,000.00

2,000,000.00

1,000,000.00

-
ACTUAL 2014 ACTUAL 2015 ACTUAL 2016 ACTUAL 2017 2018 BUDGET
Exhibit E

S.B.ANo.A2065

1 AN ACT

2 relating to the licensing and regulation of certain occupations and

3 activities.

4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

5 ARTICLE 1. VEHICLE PROTECTION PRODUCTS

6 SECTIONA1.001.AASection 17.45, Business & Commerce Code, is

7 amended by adding Subdivisions (14), (15), and (16) to read as

8 follows:

9 (14)AA"Vehicle protection product":

10 (A)AAmeans a product or system, including a

11 written warranty:

12 (i)AAthat is:

13 (a)AAinstalled on or applied to a

14 vehicle; and

15 (b)AAdesigned to prevent loss of or

16 damage to a vehicle from a specific cause; and

17 (ii)AAunder which, after installation or

18 application of the product or system described by Subparagraph (i),

19 if loss or damage results from the failure of the product or system

20 to perform as represented in the warranty, the warrantor, to the

21 extent agreed on as part of the warranty, is required to pay

22 expenses to the person in this state who purchases or otherwise

23 possesses the product or system for the loss of or damage to the

24 vehicle; and

1
S.B.ANo.A2065

1 article, the presiding officer of the Texas Commission of Licensing

2 and Regulation shall appoint new members to the board in a manner

3 that reflects the changes in law made by this article.

4 (c)AAThe changes in law made by this article to Section

5 2308.255, Occupations Code, do not apply to the booting of a vehicle

6 pursuant to a standing written agreement between a booting company

7 and a parking facility owner entered into before the effective date

8 of this article. The booting of a vehicle pursuant to a standing

9 written agreement entered into before the effective date of this

10 article is governed by the law as it existed immediately before the

11 effective date of this article, and that law is continued in effect

12 for that purpose.

13 SECTIONA14.014.AAExcept as otherwise provided by this

14 article, this article takes effect immediately if this Act receives

15 a vote of two-thirds of all the members elected to each house, as

16 provided by Section 39, Article III, Texas Constitution. If this

17 Act does not receive the vote necessary for immediate effect, this

18 article takes effect September 1, 2017.

19 ARTICLE 15. CERTAIN LOCAL TRANSPORTATION ENTITIES AND CONTRACTS

20 SECTIONA15.001.AA(a)AAThis article applies only to a county

21 board of education, board of county trustees, or office of county

22 school superintendent that provides transportation services in a

23 county with a population of 2.2 million or more.

24 (b)AAIf on the effective date of this Act there is an existing

25 contract for transportation services to which a county board of

26 education, board of county trustees, or office of county school

27 superintendent is a party, it shall be wound down in the manner

64
S.B.ANo.A2065

1 described by Subsections (c)-(r) of this section.

2 (c)AAEach county board of education, board of county school

3 trustees, and office of county school superintendent in a county

4 with a population of 2.2 million or more and that is adjacent to a

5 county with a population of more than 800,000 is abolished

6 effective November 15, 2017, unless the continuation of the county

7 board of education, board of county school trustees, and office of

8 county school superintendent is approved by a majority of voters at

9 an election held on the November 2017 uniform election date in the

10 county in which the county board of education, board of county

11 school trustees, and office of county school superintendent are

12 located. Subsections (d)-(s) of this section do not take effect in

13 a county if the continuation of the county board of education, board

14 of county school trustees, and office of county school

15 superintendent is approved at the election held in the county under

16 this subsection.

17 (d)AANot later than November 15, 2017, a dissolution

18 committee shall be formed for each county board of education or

19 board of county school trustees to be abolished as provided by

20 Subsection (c) of this section. The dissolution committee is

21 responsible for all financial decisions for each county board of

22 education or board of county school trustees abolished by this Act,

23 including asset distribution and payment of all debt obligations.

24 (e)AAA dissolution committee required by this Act shall be

25 appointed by the comptroller and include:

26 (1)AAone financial advisor;

27 (2)AAthe superintendent of the participating component

65
S.B.ANo.A2065

1 school district with the largest number of students in average

2 daily attendance or the superintendent ’s designee;

3 (3)AAone certified public accountant;

4 (4)AAone auditor who holds a license or other

5 professional credential; and

6 (5)AAone bond counsel who holds a license or other

7 professional credential.

8 (f)AAA dissolution committee created under this Act is

9 subject to the open meetings requirements under Chapter 551,

10 Government Code, and public information requirements under Chapter

11 552, Government Code.

12 (g)AAMembers of a dissolution committee may not receive

13 compensation but are entitled to reimbursement for actual and

14 necessary expenses incurred in performing the functions of the

15 dissolution committee.

16 (h)AASubject to the other requirements of this Act, the

17 dissolution committee shall determine the manner in which all

18 assets, liabilities, contracts, and services of the county board of

19 education or board of county school trustees abolished by this Act

20 are divided, transferred, or discontinued. The dissolution

21 committee shall create a sinking fund to deposit all money received

22 in the abolishment of each county board of education or board of

23 county school trustees for the payment of all debts of the county

24 board of education or board of county school trustees.

25 (i)AAThe dissolution committee shall continue providing

26 transportation services to participating component school

27 districts for the 2017-2018 school year. The dissolution committee

66
S.B.ANo.A2065

1 shall maintain current operations and personnel needed to provide

2 the transportation services.

3 (j)AAAt the end of the 2017-2018 school year all school

4 buses, vehicles, and bus service centers shall be transferred to

5 participating component school districts in proportionate shares

6 equal to the proportion that the membership in each district bears

7 to total membership in the county as of September 1, 2018, at no

8 cost to the districts.

9 (k)AAThe dissolution committee may employ for the 2017-2018

10 school year one person to assist in the abolishment of the county

11 board of education or board of county school trustees.

12 (l)AAOn November 15, 2017, the participating component

13 school district with the largest number of students in average

14 daily attendance has the right of first refusal to buy, at fair

15 market value, the administrative building of the county board of

16 education or board of county school trustees.

17 (m)AAAn ad valorem tax assessed by a county board of

18 education or board of county school trustees shall continue to be

19 assessed by the county on behalf of the board for the purpose of

20 paying the principal of and interest on any bonds issued by the

21 county board of education or board of county school trustees until

22 all bonds are paid in full. This subsection applies only to a bond

23 issued before the effective date of this Act for which the tax

24 receipts were obligated. On payment of all bonds issued by the

25 county board of education or board of county school trustees the ad

26 valorem tax may not be assessed.

27 (n)AAIn the manner provided by rule of the commissioner of

67
S.B.ANo.A2065

1 education, the county shall collect and use any delinquent taxes

2 imposed by or on behalf of the county board of education or board of

3 county school trustees.

4 (o)AAThe dissolution committee shall distribute the assets

5 remaining after discharge of the liabilities of the county board of

6 education or board of county school trustees to the component

7 school districts in the county in proportionate shares equal to the

8 proportion that the membership in each district bears to total

9 membership in the county as of September 1, 2017. The dissolution

10 committee shall liquidate board assets as necessary to discharge

11 board liabilities and facilitate the distribution of assets. A

12 person authorized by the dissolution committee shall execute any

13 documents necessary to complete the transfer of assets,

14 liabilities, or contracts.

15 (p)AAThe dissolution committee shall encourage the component

16 school districts to:

17 (1)AAcontinue sharing services received through the

18 county board of education or board of county school trustees; and

19 (2)AAgive preference to private sector contractors to

20 continue services provided by the county board of education or

21 board of county school trustees.

22 (q)AAThe chief financial officer and financial advisor for

23 the county board of education or board of county school trustees

24 shall provide assistance to the dissolution committee in abolishing

25 the county board of education or board of county school trustees.

26 (r)AAThe Texas Education Agency shall provide assistance to a

27 dissolution committee in the distribution of assets, liabilities,

68
S.B.ANo.A2065

1 contracts, and services of a county board of education or board of

2 county school trustees abolished by this Act.

3 (s)AAAny dissolution committee created as provided by this

4 Act is abolished on the date all debt obligations of the county

5 board of education or board of county school trustees are paid in

6 full and all assets distributed to component school districts.

7 SECTIONA15.002.AAChapter 266 (S.B. 394), Acts of the 40th

8 Legislature, Regular Session, 1927 (Article 2700a, Vernon ’s Texas

9 Civil Statutes), is repealed.

10 ARTICLE 16. REGISTRATION OF MARKS

11 SECTION 16.001.AASection 16.051(a), Business & Commerce

12 Code, is amended to read as follows:

13 (a)AAA mark that distinguishes an applicant ’s goods or

14 services from those of others is registrable unless the mark:

15 (1)AAconsists of or comprises matter that is immoral,

16 deceptive, or scandalous;

17 (2)AAconsists of or comprises matter that may

18 disparage, falsely suggest a connection with, or bring into

19 contempt or disrepute:

20 (A)AAa person, whether living or dead;

21 (B)AAan institution;

22 (C)AAa belief; or

23 (D)AAa national symbol;

24 (3)AAdepicts, comprises, or simulates the flag, the

25 coat of arms, the seal, the geographic outline, or other insignia

26 of:

27 (A)AAthe United States;

69
Exhibit F

S.B.ANo.A1566

1 AN ACT

2 relating to certain powers and duties of the board of trustees of an

3 independent school district and the governing body of an

4 open-enrollment charter school and to abolishing certain county

5 boards of education, boards of county school trustees, and offices

6 of county school superintendent.

7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

8 SECTIONA1.AASection 11.151, Education Code, is amending by

9 adding Subsection (f) to read as follows:

10 (f)AAFor purposes of this section, a county board of

11 education, as defined by a board of county school trustees, and

12 office of county school superintendent in a county with a

13 population of 2.2 million or more and that is adjacent to a county

14 with a population of more than 800,000 are included within the

15 definition of a school district and subject to the oversight of the

16 agency.

17 SECTIONA2.AASection 11.1511, Education Code, is amended by

18 adding Subsection (d) to read as follows:

19 (d)AAThe board may require a school district ’s chief business

20 official or curriculum director or a person holding an equivalent

21 position to appear at an executive session of the board or to

22 testify at a public hearing held by the board. A superintendent may

23 not interfere with an appearance or testimony required by the board

24 under this subsection.

1
S.B.ANo.A1566

1 SECTIONA3.AASection 11.1512, Education Code, is amended by

2 amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3),

3 and (g) to read as follows:

4 (c)AAA member of the board of trustees of the district, when

5 acting in the member ’s official capacity, has an inherent right of

6 access to information, documents, and records maintained by the

7 district, and the district shall provide the information,

8 documents, and records to the member without requiring the member

9 to submit a public information request under Chapter 552,

10 Government Code. The district shall provide the information,

11 documents, and records to the member without regard to whether the

12 requested items are the subject of or relate to an item listed on an

13 agenda for an upcoming meeting. The district may withhold or redact

14 information, a document, or a record requested by a member of the

15 board to the extent that the item is excepted from disclosure or is

16 confidential under Chapter 552, Government Code, or other law.

17 [This subsection does not require the district to provide

18 information, documents, and records that are not subject to

19 disclosure under the Family Educational Rights and Privacy Act of

20 1974 (20 U.S.C. Section 1232g).]

21 (c-1)AAExcept as otherwise provided by this subsection, a

22 district shall provide a member of the board of trustees with

23 information, documents, and records requested under Subsection (c)

24 not later than the 20th business day after the date the district

25 receives the request. The district may take a reasonable

26 additional period of time, not to exceed the 30th business day after

27 the date the district receives the request, to respond to a request

2
S.B.ANo.A1566

1 if compliance by the 20th business day would be unduly burdensome

2 given the amount, age, or location of the requested information.

3 The district shall inform the trustee of the reason for the delay in

4 providing the requested information and the date by which the

5 information will be provided.

6 (c-2)AAIf a district does not provide requested information

7 to a member of the board of trustees in the time required under

8 Subsection (c-1), the member may bring suit against the district

9 for appropriate injunctive relief. A member who prevails in a suit

10 under this subsection is entitled to recover court costs and

11 reasonable attorney ’s fees. The district shall pay the costs and

12 fees from the budget of the superintendent ’s office.

13 (c-3)AAA board member shall maintain the confidentiality of

14 information, documents, and records received under Subsection (c)

15 as required by the Family Educational Rights and Privacy Act of 1974

16 (20 U.S.C. Section 1232g) and any other applicable privacy laws.

17 (g)AAA district shall create a policy on visits to a district

18 campus or other facility by a member of the board of trustees of the

19 district.

20 SECTIONA4.AASubchapter D, Chapter 11, Education Code, is

21 amended by adding Sections 11.1515 and 11.1516 to read as follows:

22 Sec.A11.1515.AAOVERSIGHT OF ACADEMIC ACHIEVEMENT. The board

23 of trustees of an independent school district or the governing body

24 of an open-enrollment charter school shall provide oversight

25 regarding student academic achievement and strategic leadership

26 for maximizing student performance.

27 Sec.A11.1516.AADISTRICT DATA ON ACADEMIC ACHIEVEMENT.

3
S.B.ANo.A1566

1 (a)AAOn request by the board of trustees of an independent school

2 district, the agency shall create an Internet website that members

3 of the board may use to review campus and district academic

4 achievement data. The website must also be made available to

5 campuses in a similar manner that access is provided to the board.

6 (b)AAThe Internet website must:

7 (1)AAinclude district information, disaggregated by

8 campus, grade, sex, race, academic quarter or semester, as

9 applicable, and school year, regarding the following:

10 (A)AAstudent academic achievement and growth;

11 (B)AAteacher and student attendance; and

12 (C)AAstudent discipline records; and

13 (2)AAbe updated at least once each quarter of the school

14 year.

15 (c)AAThe commissioner shall provide information that permits

16 a board member to compare the district ’s academic performance with

17 the academic performance of other districts of similar size and

18 racial and economic demographics.

19 (d)AAA district must provide requested information to the

20 commissioner for the creation of an Internet website under this

21 section.

22 (e)AAConfidential information received by the commissioner

23 under this section from a district remains confidential. The

24 commissioner shall design the Internet website to ensure that:

25 (1)AApublic information is made available to the

26 public; and

27 (2)AAinformation submitted by districts noted as

4
S.B.ANo.A1566

1 confidential is not made available to the public.

2 (f)AAA request for public information under this section

3 shall be submitted to the district that provides the agency with the

4 information. The agency may not release information submitted by a

5 district that is noted as confidential information.

6 (g)AAThe agency may contract with a private entity as

7 necessary to implement this section.

8 (h)AAThe commissioner may adopt rules for the implementation

9 of this section.

10 SECTIONA5.AASection 11.159, Education Code, is amended by

11 amending Subsection (b) and adding Subsections (c) and (d) to read

12 as follows:

13 (b)AAA trustee must complete any training required by the

14 State Board of Education. The minutes of the last regular meeting

15 of the board of trustees held before an election of trustees [during

16 a calendar year] must reflect whether each trustee has met or is

17 deficient [delinquent] in meeting the training required for the

18 trustee [to be completed] as of the first anniversary of the date of

19 the trustee ’s election or appointment [date of the meeting]. If the

20 minutes reflect that a trustee is deficient, the district shall

21 post the minutes on the district ’s Internet website within 10

22 business days of the meeting and maintain the posting until the

23 trustee meets the requirements.

24 (c)AAThe State Board of Education shall require a trustee to

25 complete at least three hours of training every two years on

26 evaluating student academic performance. The training must be

27 research-based and designed to support the oversight role of the

5
S.B.ANo.A1566

1 board of trustees under Section 11.1515. A candidate for trustee

2 may complete the training up to one year before the candidate is

3 elected. A new trustee shall complete the training within 120 days

4 after the date of the trustee ’s election or appointment. A

5 returning trustee shall complete the training by the second

6 anniversary of the completion of the trustee ’s previous training.

7 (d)AAA trustee or candidate for trustee may complete training

8 required under Subsection (c) at a regional education service

9 center or through another authorized provider. A provider must

10 certify the completion of the training by a trustee or candidate.

11 SECTIONA6.AASubchapter D, Chapter 11, Education Code, is

12 amended by adding Section 11.182 to read as follows:

13 Sec.A11.182.AABOARD IMPROVEMENT AND EVALUATION TOOL.

14 (a)AAThe commissioner shall develop a board of trustees improvement

15 and evaluation tool. The evaluation tool must be research-based

16 and designed to assist a school district in improving board

17 oversight and academic achievement.

18 (b)AAA board of trustees may determine whether to use the

19 evaluation tool, except as required by Section 39.102(a).

20 SECTIONA7.AAChapter 12A, Education Code, is amended by

21 adding Section 12A.0071 to read as follows:

22 Sec.A12A.0071.AAPOSTING OF LOCAL INNOVATION PLAN. (a)AAA

23 school district designated as a district of innovation shall ensure

24 that a copy of the district ’s current local innovation plan is

25 available to the public by posting and maintaining the plan in a

26 prominent location on the district ’s Internet website.

27 (b)AANot later than the 15th day after the date on which the

6
S.B.ANo.A1566

1 board of trustees adopts a proposed local innovation plan, adopts a

2 proposed amendment of a local innovation plan, or renews a local

3 innovation plan, the district shall provide a copy of the current

4 local innovation plan to the agency. The agency shall promptly post

5 the current local innovation plan on the agency ’s Internet website.

6 SECTIONA8.AASubchapter C, Chapter 25, Education Code, is

7 amended by adding Section 25.0822 to read as follows:

8 Sec.A25.0822.AAPATRIOTIC SOCIETY ACCESS TO STUDENTS.

9 (a)AAIn this section, "patriotic society" means a youth membership

10 organization listed in Title 36 of the United States Code with an

11 educational purpose that promotes patriotism and civic

12 involvement.

13 (b)AAAt the beginning of each school year, the board of

14 trustees of an independent school district shall adopt a policy to

15 allow the principal of a public school campus to provide

16 representatives of a patriotic society with the opportunity to

17 speak to students during regular school hours about membership in

18 the society and the ways in which membership may promote a student ’s

19 educational interest and level of civic involvement, leading to the

20 student ’s increased potential for self-improvement and ability to

21 contribute to improving the student ’s school and community.

22 (c)AAThe board policy shall give a principal complete

23 discretion over the specific date and time of the opportunity

24 required to be provided under this section, except that the policy

25 shall allow the principal to limit:

26 (1)AAthe opportunity provided to a patriotic society to

27 a single school day; and

7
S.B.ANo.A1566

1 (2)AAany presentation made to students as a result of

2 the opportunity to 10 minutes in length.

3 SECTIONA9.AASection 26.011, Education Code, is amended to

4 read as follows:

5 Sec.A26.011.AACOMPLAINTS. (a)AAThe board of trustees of

6 each school district shall adopt a grievance procedure under which

7 the board shall address each complaint that the board receives

8 concerning violation of a right guaranteed by this chapter.

9 (b)AAThe board of trustees of a school district is not

10 required by Subsection (a) or Section 11.1511(b)(13) to address a

11 complaint that the board receives concerning a student ’s

12 participation in an extracurricular activity that does not involve

13 a violation of a right guaranteed by this chapter. This subsection

14 does not affect a claim brought by a parent under the Individuals

15 with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or

16 a successor federal statute addressing special education services

17 for a child with a disability.

18 SECTIONA10.AASection 29.918, Education Code, is amended by

19 adding Subsections (d), (e), and (f) to read as follows:

20 (d)AAA school district or open-enrollment charter school to

21 which this section applies shall, in its plan submitted under

22 Subsection (a):

23 (1)AAdesign a dropout recovery plan that includes

24 career and technology education courses or technology applications

25 courses that lead to industry or career certification;

26 (2)AAintegrate into the dropout recovery plan

27 research-based strategies to assist students in becoming able

8
S.B.ANo.A1566

1 academically to pursue postsecondary education, including:

2 (A)AAhigh-quality, college readiness instruction

3 with strong academic and social supports;

4 (B)AAsecondary to postsecondary bridging that

5 builds college readiness skills, provides a plan for college

6 completion, and ensures transition counseling; and

7 (C)AAinformation concerning appropriate supports

8 available in the first year of postsecondary enrollment to ensure

9 postsecondary persistence and success, to the extent funds are

10 available for the purpose; and

11 (3)AAplan to offer advanced academic and transition

12 opportunities, including dual credit courses and college

13 preparatory courses, such as advanced placement courses.

14 (e)AAA school district to which this section applies may

15 enter into a partnership with a public junior college in accordance

16 with Section 29.402 in order to fulfill a plan submitted under

17 Subsection (a).

18 (f)AAAny program designed to fulfill a plan submitted under

19 Subsection (a) must comply with the requirements of Sections

20 29.081(e) and (f).

21 SECTIONA11.AASubchapter Z, Chapter 33, Education Code, is

22 amended by adding Section 33.9031 to read as follows:

23 Sec.A33.9031.AABEFORE-SCHOOL AND AFTER-SCHOOL PROGRAMS.

24 (a)AAThe board of trustees of a school district may establish

25 before-school or after-school programs for students enrolled in

26 elementary or middle school grades. A program established under

27 this section may operate before, after, or before and after school

9
S.B.ANo.A1566

1 hours.

2 (b)AAA student is eligible to participate in a school

3 district ’s before-school or after-school program if the student:

4 (1)AAis enrolled in a public or private school; or

5 (2)AAresides within the boundaries of the school

6 district.

7 (c)AAA school district shall conduct a request for proposals

8 procurement process to enable the district to determine if

9 contracting with a child-care facility that provides a

10 before-school or after-school program, as defined by Section

11 42.002, Human Resources Code, to provide the district ’s

12 before-school or after-school program would serve the district ’s

13 best interests. Following the request for proposals procurement

14 process, the district may enter into a contract with a child-care

15 facility or implement a before-school or after-school program

16 operated by the district. If the district enters into a contract

17 with a child-care facility, the contract must comply with the

18 requirements of Section 44.031 and may not exceed a term of three

19 years.

20 (d)AAThe board of trustees of a school district may adopt

21 rules in accordance with Section 11.165 to provide access to school

22 campuses before or after school hours for the purpose of providing a

23 before-school or after-school program.

24 SECTIONA12.AASection 33.908, Education Code, is amended to

25 read as follows:

26 Sec.A33.908.AAGRACE PERIOD POLICY FOR EXHAUSTED OR

27 INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of

10
S.B.ANo.A1566

1 a [A] school district that allows students to use a prepaid meal

2 card or account to purchase meals served at schools in the district

3 [the school] shall adopt a grace period policy regarding the use of

4 the cards or accounts. The policy:

5 (1)AAmust allow a student whose meal card or account

6 balance is exhausted or insufficient to continue, for a period

7 determined by the board [district], to purchase meals by:

8 (A)AAaccumulating a negative balance on the

9 student ’s card or account; or

10 (B)AAotherwise receiving an extension of credit

11 from the district;

12 (2)AAmust require the district to notify the parent of

13 or person standing in parental relation to the student that the

14 student ’s meal card or account balance is exhausted;

15 (3)AAmay not permit the district to charge a fee or

16 interest in connection with meals purchased under Subdivision (1);

17 and

18 (4)AAmay permit the district to set a schedule for

19 repayment on the account balance as part of the notice to the parent

20 or person standing in parental relation to the student.

21 SECTIONA13.AASubchapter C, Chapter 37, Education Code, is

22 amended by adding Section 37.0815 to read as follows:

23 Sec.A37.0815.AATRANSPORTATION OR STORAGE OF FIREARM AND

24 AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a)AAA school

25 district or open-enrollment charter school may not prohibit a

26 person, including a school employee, who holds a license to carry a

27 handgun under Subchapter H, Chapter 411, Government Code, from

11
S.B.ANo.A1566

1 transporting or storing a handgun or other firearm or ammunition in

2 a locked, privately owned or leased motor vehicle in a parking lot,

3 parking garage, or other parking area provided by the district or

4 charter school, provided that the handgun, firearm, or ammunition

5 is not in plain view.

6 (b)AAThis section does not authorize a person to possess,

7 transport, or store a handgun, a firearm, or ammunition in

8 violation of Section 37.125 of this code, Section 46.03 or 46.035,

9 Penal Code, or other law.

10 SECTIONA14.AASubchapter A, Chapter 38, Education Code, is

11 amended by adding Section 38.031 to read as follows:

12 Sec.A38.031.AANOTICE OF LICE. (a)AAThe board of trustees of

13 an independent school district shall adopt a policy requiring a

14 school nurse of a public elementary school who determines or

15 otherwise becomes aware that a child enrolled in the school has lice

16 shall provide written or electronic notice of that fact to:

17 (1)AAthe parent of the child with lice as soon as

18 practicable but not later than 48 hours after the administrator or

19 nurse, as applicable, determines or becomes aware of that fact; and

20 (2)AAthe parent of each child assigned to the same

21 classroom as the child with lice not later than the fifth school day

22 after the date on which the administrator or nurse, as applicable,

23 determines or becomes aware of that fact.

24 (b)AAThe notice provided under Subsection (a):

25 (1)AAmust include the recommendations of the Centers

26 for Disease Control and Prevention for the treatment and prevention

27 of lice; and

12
S.B.ANo.A1566

1 (2)AAif the notice is provided under Subsection (a)(2),

2 may not identify the child with lice.

3 (c)AAThe commissioner shall adopt rules as necessary to

4 implement this section in a manner that complies with federal law

5 regarding confidentiality of student medical or educational

6 information, including the Health Insurance Portability and

7 Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the

8 Family Educational Rights and Privacy Act of 1974 (20 U.S.C.

9 Section 1232g), and any state law relating to the privacy of student

10 information.

11 SECTIONA15.AASection 39.102(a), Education Code, is amended

12 to read as follows:

13 (a)AAIf a school district does not satisfy the accreditation

14 criteria under Section 39.052, the academic performance standards

15 under Section 39.053 or 39.054, or any financial accountability

16 standard as determined by commissioner rule, or if considered

17 appropriate by the commissioner on the basis of a special

18 accreditation investigation under Section 39.057, the commissioner

19 shall take any of the following actions to the extent the

20 commissioner determines necessary:

21 (1)AAissue public notice of the deficiency to the board

22 of trustees;

23 (2)AAorder a hearing conducted by the board of trustees

24 of the district for the purpose of notifying the public of the

25 insufficient performance, the improvements in performance expected

26 by the agency, and the interventions and sanctions that may be

27 imposed under this section if the performance does not improve;

13
S.B.ANo.A1566

1 (3)AAorder the preparation of a student achievement

2 improvement plan that addresses each academic achievement

3 indicator under Section 39.053(c) for which the district ’s

4 performance is insufficient, the submission of the plan to the

5 commissioner for approval, and implementation of the plan;

6 (4)AAorder a hearing to be held before the commissioner

7 or the commissioner ’s designee at which the president of the board

8 of trustees of the district and the superintendent shall appear and

9 explain the district ’s low performance, lack of improvement, and

10 plans for improvement;

11 (5)AAarrange a monitoring review of the district;

12 (6)AAappoint an agency monitor to participate in and

13 report to the agency on the activities of the board of trustees or

14 the superintendent;

15 (7)AAappoint a conservator to oversee the operations of

16 the district;

17 (8)AAappoint a management team to direct the operations

18 of the district in areas of insufficient performance or require the

19 district to obtain certain services under a contract with another

20 person;

21 (9)AAif a district has a current accreditation status

22 of accredited-warned or accredited-probation, fails to satisfy any

23 standard under Section 39.054(e), or fails to satisfy financial

24 accountability standards as determined by commissioner rule,

25 appoint a board of managers to exercise the powers and duties of the

26 board of trustees;

27 (10)AAif for two consecutive school years, including

14
S.B.ANo.A1566

1 the current school year, a district has received an accreditation

2 status of accredited-warned or accredited-probation, has failed to

3 satisfy any standard under Section 39.054(e), or has failed to

4 satisfy financial accountability standards as determined by

5 commissioner rule, revoke the district ’s accreditation and:

6 (A)AAorder closure of the district and annex the

7 district to one or more adjoining districts under Section 13.054;

8 or

9 (B)AAin the case of a home-rule school district or

10 open-enrollment charter school, order closure of all programs

11 operated under the district ’s or school ’s charter; [or]

12 (11)AAif a district has failed to satisfy any standard

13 under Section 39.054(e) due to the district ’s dropout rates, impose

14 sanctions designed to improve high school completion rates,

15 including:

16 (A)AAordering the development of a dropout

17 prevention plan for approval by the commissioner;

18 (B)AArestructuring the district or appropriate

19 school campuses to improve identification of and service to

20 students who are at risk of dropping out of school, as defined by

21 Section 29.081;

22 (C)AAordering lower student-to-counselor ratios

23 on school campuses with high dropout rates; and

24 (D)AAordering the use of any other intervention

25 strategy effective in reducing dropout rates, including mentor

26 programs and flexible class scheduling; or

27 (12)AAorder the use of the board improvement and

15
S.B.ANo.A1566

1 evaluation tool as provided by Section 11.182.

2 SECTIONA16.AASection 39.107(b-1), Education Code, is amended

3 to read as follows:

4 (b-1)AAA campus turnaround plan must include:

5 (1)AAa detailed description of the academic programs to

6 be offered at the campus, including instructional methods, length

7 of school day and school year, academic credit and promotion

8 criteria, and programs to serve special student populations;

9 (2)AAthe term of the charter, if a district charter is

10 to be granted for the campus under Section 12.0522;

11 (3)AAwritten comments from the campus-level committee

12 established under Section 11.251, if applicable, parents, and

13 teachers at the campus; [and]

14 (4)AAa detailed description of the budget, staffing,

15 and financial resources required to implement the plan, including

16 any supplemental resources to be provided by the district or other

17 identified sources; and

18 (5)AAa detailed description for developing and

19 supporting the oversight of academic achievement and student

20 performance by the board of trustees under Section 11.1515.

21 SECTIONA17.AAA person serving on the board of trustees of a

22 school district on the effective date of this Act must complete the

23 training required by Section 11.159(c), Education Code, as added by

24 this Act, not later than September 1, 2018.

25 SECTIONA18.AA(a)AAEach county board of education, board of

26 county school trustees, and office of county school superintendent

27 in a county with a population of 2.2 million or more and that is

16
S.B.ANo.A1566

1 adjacent to a county with a population of more than 800,000 is

2 abolished effective November 15, 2017, unless the continuation of

3 the county board of education, board of county school trustees, and

4 office of county school superintendent is approved by a majority of

5 voters at an election held on the November 2017 uniform election

6 date in the county in which the county board of education, board of

7 county school trustees, and office of county school superintendent

8 are located. Subsections (b)-(q) of this section do not take effect

9 in a county if the continuation of the county board of education,

10 board of county school trustees, and office of county school

11 superintendent is approved at the election held in the county under

12 this subsection.

13 (a-1)AAIn an election held in a county under Subsection (a)

14 of this section, the ballot shall be printed to permit voting for or

15 against the proposition: "Authorizing the continued operation of

16 the county board of education, board of county school trustees, and

17 office of the county school superintendent in ____ County and the

18 collection of the ____ County school equalization ad valorem tax."

19 (b)AANot later than November 15, 2017, a dissolution

20 committee shall be formed for each county board of education or

21 board of county school trustees to be abolished as provided by

22 Subsection (a) of this section. The dissolution committee is

23 responsible for all financial decisions for each county board of

24 education or board of county school trustees abolished by this Act,

25 including asset distribution and payment of all debt obligations.

26 (c)AAA dissolution committee required by this Act shall be

27 appointed by the comptroller and include:

17
S.B.ANo.A1566

1 (1)AAone financial advisor;

2 (2)AAthe superintendent or the superintendent ’s

3 designee of each participating component school district that

4 chooses to participate in the dissolution committee;

5 (3)AAone certified public accountant;

6 (4)AAone auditor who holds a license or other

7 professional credential;

8 (5)AAone bond counsel who holds a license or other

9 professional credential; and

10 (6)AAone additional representative appointed by the

11 commissioner of education.

12 (d)AAA dissolution committee created under this Act is

13 subject to the open meetings requirements under Chapter 551,

14 Government Code, and public information requirements under Chapter

15 552, Government Code.

16 (e)AAMembers of a dissolution committee may not receive

17 compensation but are entitled to reimbursement for actual and

18 necessary expenses incurred in performing the functions of the

19 dissolution committee.

20 (f)AASubject to the other requirements of this Act, the

21 dissolution committee shall determine the manner in which all

22 assets, liabilities, contracts, and services of the county board of

23 education or board of county school trustees abolished by this Act

24 are divided, transferred, or discontinued. The dissolution

25 committee shall create a sinking fund to deposit all money received

26 in the abolishment of each county board of education or board of

27 county school trustees for the payment of all debts of the county

18
S.B.ANo.A1566

1 board of education or board of county school trustees.

2 (g)AAThe dissolution committee shall continue providing

3 transportation services to participating component school

4 districts for the 2017-2018 school year. The dissolution committee

5 shall maintain current operations and personnel needed to provide

6 the transportation services.

7 (h)AAAt the end of the 2017-2018 school year all school

8 buses, vehicles, and bus service centers shall be transferred to

9 participating component school districts in proportionate shares

10 equal to the amount of buses currently assigned to each district.

11 The dissolution committee shall audit and confirm assignment of

12 buses by vehicle identification numbers or some other agreed upon

13 means assigned to applicable districts. Final distribution and

14 assignment of these assets will be not later than September 1, 2018,

15 at no cost to the districts.

16 (i)AAThe dissolution committee may employ for the 2017-2018

17 school year one person to assist in the abolishment of the county

18 board of education or board of county school trustees.

19 (j)AAOn November 15, 2017, the participating component

20 school district with the largest number of students in average

21 daily attendance has the right of first refusal to buy, at fair

22 market value, the administrative building of the county board of

23 education or board of county school trustees.

24 (k)AAAn ad valorem tax assessed by a county board of

25 education or board of county school trustees shall continue to be

26 assessed by the county on behalf of the board for the purpose of

27 paying the principal of and interest on any bonds issued by the

19
S.B.ANo.A1566

1 county board of education or board of county school trustees until

2 all bonds are paid in full. This subsection applies only to a bond

3 issued before the effective date of this Act for which the tax

4 receipts were obligated. On payment of all bonds issued by the

5 county board of education or board of county school trustees the ad

6 valorem tax may not be assessed.

7 (l)AAIn the manner provided by rule of the commissioner of

8 education, the county shall collect and use any delinquent taxes

9 imposed by or on behalf of the county board of education or board of

10 county school trustees.

11 (m)AAThe dissolution committee shall distribute the assets

12 remaining after discharge of the liabilities of the county board of

13 education or board of county school trustees to the component

14 school districts in the county in proportionate shares equal to the

15 proportion that the amount of money a district has submitted to the

16 county board of education or board of county school trustees has to

17 the total amount of money submitted by all districts. The

18 dissolution committee shall liquidate board assets as necessary to

19 discharge board liabilities and facilitate the distribution of

20 assets. A person authorized by the dissolution committee shall

21 execute any documents necessary to complete the transfer of assets,

22 liabilities, or contracts.

23 (n)AAThe dissolution committee shall encourage the component

24 school districts to:

25 (1)AAcontinue sharing services received through the

26 county board of education or board of county school trustees; and

27 (2)AAgive preference to private sector contractors to

20
S.B.ANo.A1566

1 continue services provided by the county board of education or

2 board of county school trustees.

3 (o)AAThe chief financial officer and financial advisor for

4 the county board of education or board of county school trustees

5 shall provide assistance to the dissolution committee in abolishing

6 the county board of education or board of county school trustees.

7 (p)AAThe Texas Education Agency shall provide assistance to a

8 dissolution committee in the distribution of assets, liabilities,

9 contracts, and services of a county board of education or board of

10 county school trustees abolished by this Act.

11 (q)AAAny dissolution committee created as provided by this

12 Act is abolished on the date all debt obligations of the county

13 board of education or board of county school trustees are paid in

14 full and all assets distributed to component school districts.

15 SECTIONA19.AAChapter 266 (S.B. 394), Acts of the 40th

16 Legislature, Regular Session, 1927 (Article 2700a, Vernon ’s Texas

17 Civil Statutes), is repealed.

18 SECTIONA20.AASection 25.0822, Education Code, as added by

19 this Act, applies beginning with the 2017-2018 school year.

20 SECTIONA21.AASection 38.031, Education Code, as added by

21 this Act, applies beginning with the 2017-2018 school year.

22 SECTIONA22.AAThis Act takes effect September 1, 2017.

21
S.B.ANo.A1566

______________________________AAAA______________________________
President of the SenateAAAAAAAAAAAAASpeaker of the House

I hereby certify that S.B.ANo.A1566 passed the Senate on

April 26, 2017, by the following vote: YeasA29, NaysA2; and that

the Senate concurred in House amendments on May 27, 2017, by the

following vote: YeasA26, NaysA5.

______________________________
AAAASecretary of the Senate

I hereby certify that S.B.ANo.A1566 passed the House, with

amendments, on May 24, 2017, by the following vote: YeasA138,

NaysA4, one present not voting.

______________________________
AAAAChief Clerk of the House

Approved:

______________________________
AAAAAAAAAAAAADate

______________________________
AAAAAAAAAAAGovernor

22
12/27/2017 LOCAL GOVERNMENT CODE CHAPTER 343. MUNICIPAL PROVISION OF SCHOOL CROSSING GUARDS

Exhibit G
LOCAL GOVERNMENT CODE

TITLE ll. PUBLIC SAFETY

SUBTITLE A. MUNICIPAL PUBLIC SAFETY

CHAPTER 343. MUNICIPAL PROVISION OF SCHOOL CROSSING GUARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 343.001. DEFINITION. In this chapter, "school crossing guard"


has the meaning assigned by Section 541.001, Transportation Code.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.224, eff. Sept. 1, 1997.

Sec. 343.002. DESIGNATION OF GOVERNMENTAL FUNCTION. The employment,


training, and location of school crossing guards by a political
equipping,
subdivision is a governmental function.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.

SUBCHAPTER B. PROVISIONS APPLICABLE TO MUNICIPALITIES WITH A POPULATION OF


MORE THAN 850,000

Sec. 343.011. APPLICATION. This subchapter applies only to a


municipality with a population of more than 850,000.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.

Sec. 343.012. CONTRACT WITH SCHOOL DISTRICTS. (a) The municipality


may contract with one or more school districts to provide school crossing
guards.
(b) Under a contract,district may provide school crossing
a school
guard services to an area of the municipality that is not a part of the
school district.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.

Sec. 343.013. DEDUCTIONS FROM CHILD SAFETY TRUST FUND. (a) After
contracting with a school district, the municipality may deduct from a
child safety trust fund established under Chapter 106 the administrative
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12/27/2017 LOCAL GOVERNMENT CODE CHAPTER 343. MUNICIPAL PROVISION 0F SCHOOL CROSSING GUARDS

cost of contracting for school crossing guard services and distributing the
funds to the school district.
(b) The administrative costs may not exceed lO percent of the funds
available for school crossing guard services.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. l, 1995.

Sec. 343.014. PROVISION OF SCHOOL CROSSING GUARDS. (a) The


governing body of the municipality shall determine the number of school
crossing guards needed by the municipality and shall provide for the use of
school crossing guards to facilitate the safe crossing of streets in the
municipality by children going to or leaving a public, parochial, or
private elementary or secondary school.
(b) In making the determination of the need for school crossing
guards, the municipality shall consider the recommendations of schools and
traffic safety experts.
(c) The municipality shall equip school crossing guards that it
employs or has under its jurisdiction with all necessary equipment.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. l, 1995.

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12/27/2017 LOCAL GOVERNMENT CODE CHAPTER 106. MUNICIPAL CHILD SAFETY TRUST FUND

Exhibit H
LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE A. MUNICIPAL FINANCES

CHAPTER 106. MUNICIPAL CHILD SAFETY TRUST FUND

Sec. 106.001. CREATION OF CHILD SAFETY TRUST FUND IN CERTAIN


MUNICIPALITIES. A child safety trust fund shall be created in the treasury
of a municipality with a population of more than 850,000.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.01, eff. Sept. 1, 1995.

Sec. 106.002. DEPOSITS TO FUND. The following money shall be


deposited in the fund:
(1) court costs collected under Article 102.014, Code of Criminal
Procedure; and
(2) optional motor vehicle registration fees remitted to the
municipality by the county under Section 502.403, Transportation Code.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.01, eff. Sept. l, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.214, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 12.001, eff.
September 1, 2013.

Sec. 106.003. USE OF FUND. (a) Money in the fund shall be used for
the purpose of providing school crossing guard services as provided by
Chapter 343.
(b) After payment of the expenses of the school crossing guard
services, any remaining money in the fund may be used for programs designed
to enhance child safety, health, or nutrition, including child abuse
intervention and prevention and drug and alcohol abuse prevention.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.01, eff. Sept. l, 1995.

Sec. 106.004. AUDIT. (a) Money collected under this chapter is


subject to audit by the comptroller.
(b) Money expended under this chapter is subject to audit in the same
manner as other funds expended by a county or municipality.
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12/27/2017 LOCAL GOVERNMENT CODE CHAPTER 106. MUNICIPAL CHILD SAFETY TRUST FUND

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.01, eff. Sept. l, 1995.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

Exhibit I
TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 541. DEFINITIONS

SUBCHAPTER A. PERSONS AND GOVERNMENTAL AUTHORITIES

Sec. 541.001. PERSONS. In this subtitle:


(1) "Operator" means, as used in reference to a vehicle, a person
who drives or has physical control of a vehicle.
(2) "Owner" means, as used in reference to a vehicle, a person
who has a property interest in or title to a vehicle. The term:
(A) includes a person entitled to use and possess a vehicle
subject to a security interest; and
(B) excludes a lienholder and a lessee whose lease is not
intended as security.
(3) "Pedestrian" means a person on foot.
(4) "Person" means an individual, firm, partnership, association,
or corporation.
(5) "School crossing guard" means a responsible person who is at
least 18 years of age and is designated by a local authority to direct
traffic in a school crossing zone for the protection of children going to
or leaving a school.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts
1997, 75th Leg., ch. 165, Sec. 30.103, eff. Sept. l, 1997.

Sec. 541.002. GOVERNMENTAL AUTHORITIES. In this subtitle:


(l) "Department" means the Department of Public Safety acting
directly or through its authorized officers and agents.
(2) "Director" means the public safety director.
(3) "Local authority" means:
(A) a county, municipality, or other local entity authorized
to enact traffic laws under the laws of this state; or
(B) a school district created under the laws of this state
only when it is designating school crossing guards for schools operated by
the district.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

(4) "Police officer" means an officer authorized to direct


traffic or arrest persons who violate traffic regulations.
(5) "State" has the meaning assigned by Section 311.005,
Government Code, and includes a province of Canada.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. PROPERTY AREAS

Sec. 541.101. METROPOLITAN AREA. In this subtitle, "metropolitan


area" means an area that:
(1) contains at least one municipality with a population of at
least 100,000; and
(2) includes the adjacent municipalities and unincorporated urban
districts.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. 541.102. RESTRICTED DISTRICTS. In this subtitle:


(1) "Business district" means the territory adjacent to and
including a highway if buildings used for business or industrial purposes,
including a building used as a hotel, bank, office building, public
building, or railroad station:
(A) are located Within a 600-foot segment along the highway;
and
(B) within that segment the buildings occupy at least 300
feet of frontage:
(i) on one side of the highway; or
collectively on both sides of the highway.
(ii)

(2) "Residence district" means the territory, other than a


business district, adjacent to and including a highway, if at least 300
feet of the highway frontage is primarily improved with:
(A) residences; or
(B) buildings used for business purposes and residences.
(3) "Urban district" means the territory adjacent to and
including a highway, if the territory:
(A) is not in a municipality; and
(B) is improved with structures that are used for business,
industry, or dwelling houses and located at intervals of less than 100 feet
for a distance of at least one-quarter mile on either side of the highway.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. VEHICLES, RAIL TRANSPORTATION, AND EQUIPMENT

Sec. 541.201. VEHICLES. In this subtitle:


(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;
public or private ambulance operated by a person who
(B) a
has been issued a license by the Department of State Health Services;
(C) an emergency medical services vehicle:
authorized under an emergency medical services
(i)

provider license issued by the Department of State Health Services under


Chapter 773, Health and Safety Code; and
(ii) operating under a contract with an emergency
services district that requires the emergency medical services provider to
respond to emergency calls with the vehicle;
(D) a municipal department or public service corporation
emergency vehicle that has been designated or authorized by the governing
body of a municipality;
(E) a county—owned or county—leased emergency management
vehicle that has been designated or authorized by the commissioners court;
(F) a vehicle that has been designated by the department
under Section 546.0065;
(G) a private vehicle of a volunteer firefighter or a

certified emergency medical services employee or volunteer when responding


to a fire alarm or medical emergency;
(H) an industrial emergency response vehicle, including an
industrial ambulance, when responding to an emergency, but only if the
vehicle is operated in compliance with criteria in effect September l,

1989, and established by the predecessor of the Texas Industrial Emergency


Services Board of the State Firemen's and Fire Marshals' Association of
Texas;
(I) a vehicle of a blood bank or tissue bank, accredited or
approved under the laws of this state or the United States, when making
emergency deliveries of blood, drugs, medicines, or organs;
(J) a vehicle used for law enforcement purposes that is owned
or leased by a federal governmental entity; or
(K) a private vehicle of an employee or volunteer of a county
emergency management division in a county with a population of more than

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

46,500 and less than 48,000 that is designated as an authorized emergency


vehicle by the commissioners court of that county.
(2) "Bicycle" means a device that a person may ride and that is
propelled by human power and has two tandem wheels at least one of which is
more than l4 inches in diameter.
(3) "Bus" means:
(A) a motor vehicle used to transport persons and designed to
accommodate more than lO passengers, including the operator; or
(B) a motor vehicle, other than a taxicab, designed and used
to transport persons for compensation.
(4) "Farm tractor" means a motor vehicle designed and used
primarily as a farm implement to draw an implement of husbandry, including
a plow or a mowing machine.
(5) "House trailer" means a trailer or semitrailer, other than a
towable recreational vehicle, that:
(A) is transportable on a highway in one or more sections;
(B) is less than 45 feet in length, excluding tow bar, while
in the traveling mode;
(C) is built on a permanent chassis;
(D) is designed to be used as a dwelling or for commercial
purposes if connected to required utilities; and
(E) includes plumbing, heating, air—conditioning, and
electrical systems.
(6) "Implement of husbandry" means:
(A) a vehicle, other than a passenger car or truck, that is
designed and adapted for use as a farm implement, machinery, or tool for
tilling the soil;
(B) a towed vehicle that transports to the field and spreads
fertilizer or agricultural chemicals; or
(C) a motor vehicle designed and adapted to deliver feed to
livestock.
(7) "Light truck" means a truck, including a pickup truck, panel
delivery truck, or carryall truck, that has a manufacturer's rated carrying
capacity of 2,000 pounds or less.
(8) "Moped" means a motor-driven cycle that cannot attain a speed
in one mile of more than 3O miles per hour and the engine of which:
(A) cannot produce more than two-brake horsepower; and
(B) if an internal combustion engine, has a piston
displacement of 50 cubic centimeters or less and connects to a power drive
system that does not require the operator to shift gears.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

"Motorcycle" means a motor vehicle, other than a tractor,


(9)

that is equipped with a rider's saddle and designed to have when propelled
not more than three wheels on the ground.
(10) "Motor-driven cycle" means a motorcycle equipped with a
motor that has an engine piston displacement of 250 cubic centimeters or
less. The term does not include an electric bicycle.
(11) "Motor vehicle" means a self-propelled vehicle or a vehicle
that is propelled by electric power from overhead trolley wires. The term
does not include an electric bicycle or an electric personal assistive
mobility device, as defined by Section 551.201.
(ll—a) "Multifunction school activity bus" means a motor vehicle
that was manufactured in compliance with the federal motor vehicle safety
standards for school buses in effect on the date of manufacture other than
the standards requiring the bus to display alternately flashing red lights
and to be equipped with movable stop arms, and that is used to transport
preprimary, primary, or secondary students on a school—related activity
trip other than on routes to and from school. The term does not include a
school bus, a school activity bus, a school—chartered bus, or a bus
operated by a mass transit authority.
(12) "Passenger car" means a motor vehicle, other than a
motorcycle, used to transport persons and designed to accommodate 10 or
fewer passengers, including the operator.
(13) "Pole trailer" means a vehicle without motive power:
designed to be drawn by another vehicle and secured to
(A)

the other vehicle by pole, reach, boom, or other security device; and
(B) ordinarily used to transport a long or irregularly shaped
load, including poles, pipes, or structural members, generally capable of
sustaining themselves as beams between the supporting connections.
(l3—a) "Police vehicle" means a vehicle used by a peace officer,
as defined by Article 2.12, Code of Criminal Procedure, for law enforcement
purposes that:
(A) is owned or leased by a governmental entity;
(B) is owned or leased by the police department of a private
institution of higher education that commissions peace officers under
Section 51.212, Education Code; or
(C) is:
(i) a private vehicle owned or leased by the peace
officer; and
approved for use for law enforcement purposes by
(ii)
the head of the law enforcement agency that employs the peace officer, or

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

by that person's designee, provided that use of the private vehicle must,
if applicable, comply With any rule adopted by the commissioners court of a
county under Section 170.001, Local Government Code, and that the private
vehicle may not be considered an authorized emergency vehicle for exemption
purposes under Section 228.054, 284.070, 366.178, or 370.177,
Transportation Code, unless the vehicle is marked.
(14) "Road tractor" means a motor vehicle designed and used to
draw another vehicle but not constructed to carry a load independently or a
part of the weight of the other vehicle or its load.
(15) "School activity bus" means a bus designed to accommodate
more than 15 passengers, including the operator, that is owned, operated,
rented, or leased by a school district, county school, open—enrollment
charter school, regional education service center, or shared services
arrangement and that is used to transport public school students on a
school-related activity trip, other than on routes to and from school. The
term does not include a chartered bus, a bus operated by a mass transit
authority, a school bus, or a multifunction school activity bus.
(16) "School bus" means a motor vehicle that was manufactured in
compliance with the federal motor vehicle safety standards for school buses
in effect on the date of manufacture and that is used to transport pre-
primary, primary, or secondary students on a route to or from school or on
a school-related activity trip other than on routes to and from school. The
term does not include a school-chartered bus or a bus operated by a mass
transit authority.
(17) "Semitrailer" means a vehicle with or without motive power,
other than a pole trailer:
designed to be drawn by a motor vehicle and to transport
(A)

persons or property; and


(B) constructed so that part of the vehicle's weight and load
rests on or is carried by another vehicle.
(18) "Special mobile equipment" means a vehicle that is not
designed or used primarily to transport persons or property and that is
only incidentally operated on a highway. The term:
(A) includes ditchdigging apparatus, well boring apparatus,
and road construction and maintenance machinery, including an asphalt
spreader, bituminous mixer, bucket loader, tractor other than a truck
tractor, ditcher, levelling grader, finishing machine, motor grader, road
roller, earth-moving carryall and scraper, power shovel or
scarifier,
dragline, or self-propelled crane and earth-moving equipment; and

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(B) excludes a vehicle that is designed to transport persons


or property and that has machinery attached, including a house trailer,
dump truck, truck-mounted transit mixer, crane, and shovel.
(19) "Towable recreational vehicle" means a nonmotorized vehicle
that:
(A) is designed:
(i) to be towable by a motor vehicle; and
(ii) for temporary human habitation for uses including
recreational camping or seasonal use;
(B) ispermanently built on a single chassis;
(C) may contain one or more life-support systems; and
may be used permanently or temporarily for advertising,
(D)

selling, displaying, or promoting merchandise or services, but is not used


for transporting property for hire or for distribution by a private
carrier.
(20) "Trailer" means a vehicle, other than a pole trailer, with
or without motive power:
designed to be drawn by a motor vehicle and to transport
(A)

persons or property; and


(B) constructed so that no part of the vehicle's weight and
load rests on the motor vehicle.
(21) "Truck" means a motor vehicle designed, used, or maintained
primarily to transport property.
(22) "Truck tractor" means a motor vehicle designed and used
primarily to draw another vehicle but not constructed to carry a load other
than a part of the weight of the other vehicle and its load.
(23) "Vehicle" means a device that can be used to transport or
draw persons or property on a highway. The term does not include:
(A) a device exclusively used on stationary rails or tracks;
or
(B) manufactured housing as that term is defined by Chapter
1201, Occupations Code.
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric motor,
exclusively or in combination with the application of human power;
(B) cannot attain a speed of more than 20 miles per hour
without the application of human power; and
(C) does not exceed a weight of lOO pounds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by
Acts, 75th Leg., ch. 1020, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th
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Leg., ch. 1438, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 663,
Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 797, Sec. 3, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1085, Sec. 5, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1318, Sec. 2, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1276, Sec. 14A.833, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 558 (H.B. 1267), Sec. 3, eff. September l,

2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. ll), Sec. 4.06, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 923 (H.B. 3190), Sec. 2, eff.
September 1, 2007.
Acts 2009, Slst Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.20, eff.
September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 17 (S.B. 223), Sec. l, eff. May 10,
2013.
Acts 2013, 83rd Leg., R.S., Ch. 254 (H.B. 567), Sec. 1, eff. June l4,
2013.
Acts 2013, 83rd Leg., R.S., Ch. 275 (H.B. 802), Sec. 1, eff. June l4,
2013.
Acts 2013, 83rd Leg., R.S., Ch. 630 (S.B. 1917), Sec. 1, eff. June l4,
2013.
Acts 2015, 84th Leg., R.S., Ch. 78 (S.B. 971), Sec. l, eff. September
1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 17.007, eff.
September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 969 (S.B. 2076), Sec. 25, eff.
September 1, 2017.

Sec. 541.202. RAIL TRANSPORTATION. In this subtitle:


(l) "Railroad" means a carrier that operates cars, other than
streetcars, on stationary rails to transport persons or property.
(2) "Railroad train" means a steam engine or electric or other
motor with or without an attached car operated on rails, other than a
streetcar.
(3) "Streetcar" means a car, other than a railroad train, used to
transport persons or property and operated on rails located primarily
within a municipality.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

Sec. 541.203. EQUIPMENT. In this subtitle:


(l) "Exhaust emission system" means a motor vehicle engine
modification designed to control or reduce the emission of substances from
a motor vehicle or motor vehicle engine, of a model year of 1968 or later,
and installed on or incorporated in a motor vehicle or motor vehicle engine
in compliance with requirements imposed by the Motor Vehicle Air Pollution
Control Act (42 U.S.C. Section 1857 et seq.) or other applicable law.

(2) "Metal tire" includes a tire the surface of which in contact


with the highway is wholly or partly made of metal or other hard,
nonresilient material.
(3) "Muffler" means a device that reduces noise using:
(A) a mechanical design, including a series of chambers or
baffle plates, to receive exhaust gas from an internal combustion engine;
or
(B) turbine wheels to receive exhaust gas from a diesel
engine.
(4) "Solid tire" includes only a tire that:
(A) is made of rubber or another resilient material; and
(B) does not use compressed air to support its load.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

SUBCHAPTER D. TRAFFIC, TRAFFIC AREAS, AND TRAFFIC CONTROL

Sec. 541.301. TRAFFIC. In this subtitle "traffic" means pedestrians,


ridden or herded animals, and conveyances, including vehicles and
streetcars, singly or together while using a highway for the purposes of
travel.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. 541.302. TRAFFIC AREAS. In this subtitle:


(l) "Alley" means a street that:
(A) is not usedprimarily for through traffic; and
(B) provides access to rear entrances of buildings or lots
along a street.
(2) "Crosswalk" means:
(A) the portion of a roadway, including an intersection,
designated as a pedestrian crossing by surface markings, including lines;
OI
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(B) the portion of a roadway at an intersection that is


within the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway.
(3) "Freeway" means a divided, controlled-access highway for
through traffic.
(4) "Freeway main lane" means a freeway lane having an
uninterrupted flow of through traffic.
(5) "Highway or street" means the width between the boundary
lines of a publicly maintained way any part of which is open to the public
for vehicular travel.
(6) "Improved shoulder" means a paved shoulder.
(7) "Laned roadway" means a roadway that is divided into at least
two clearly marked lanes for vehicular travel.
(8) "Limited—access or controlled-access highway" means a highway
or roadway to which:
(A) persons, including owners or occupants of abutting real
property, have no right of access; and
access by persons to enter or exit the highway or roadway
(B)

is restricted under law except at a place and in the manner determined by


the authority that has jurisdiction over the highway or roadway.
(9) "Private road or driveway" means a privately owned way or
place used for vehicular travel and used only by the owner and persons who
have the owner's express or implied permission.
(lO) "Ramp" means an interconnecting roadway of a traffic
interchange, or a connecting roadway between highways at different levels
or between parallel highways, that allows a vehicle to enter or exit a
roadway.
(ll) "Roadway" means the portion of a highway, other than the
berm or shoulder, that is improved, designed, or ordinarily used for
vehicular travel. If a highway includes at least two separate roadways,
the term applies to each roadway separately.
(12) "Safety zone" means the area in a roadway officially
designated for exclusive pedestrian use and that is protected or so marked
or indicated by adequate signs as to be plainly visible at all times while
so designated.
(l3) "School crossing zone" means a reduced—speed zone designated
on a street by a local authority to facilitate safe crossing of the street
by children going to or leaving a public or private elementary or secondary
school during the time the reduced speed limit applies.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

(l4) "School crosswalk" means a crosswalk designated on a street


by a local authority to facilitate safe crossing of the street by children
going to or leaving a public or private elementary or secondary school.
(15) "Shoulder" means the portion of a highway that is:
(A) adjacent to the roadway;
(B) designed or ordinarily used for parking;
distinguished from the roadway by different design,
(C)

construction, or marking; and


(D) not intended for normal vehicular travel.
(l6) "Sidewalk" means the portion of a street that is:
(A) between a curb or lateral line of a roadway and the
adjacent property line; and
(B) intended for pedestrian use.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. 541.303. INTERSECTION. (a) In this subtitle, "intersection"


means the common area at the junction of two highways, other than the
junction of an alley and a highway.
(b) The dimensions of an intersection include only the common area:
within the connection of the lateral curb lines or, in the
(l)

absence of curb lines, the lateral boundary lines of the roadways of


intersecting highways that join at approximate right angles; or
(2) at the place where vehicles could collide if traveling on
roadways of intersecting highways that join at any angle other than an
approximate right angle.
(c) Each junction of each roadway of a highway that includes two
roadways at least 3O feet apart with the roadway of an intersecting
highway, including each roadway of an intersecting highway that includes
two roadways at least 3O feet apart, is a separate intersection.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. 541.304. TRAFFIC CONTROL. In this subtitle:


(l) "Official traffic—control device" means a sign, signal,
marking, or device that is:
(A) consistent with this subtitle;
(B) placed or erected by a public body or officer having
jurisdiction; and
(C) used to regulate, warn, or guide traffic.

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12/27/2017 TRANSPORTATION CODE CHAPTER 541. DEFINITIONS

(2) "Railroad sign or signal" means a sign, signal, or device


erected by a railroad, public body, or public officer to notify traffic of
railroad tracks or an approaching railroad train.
(3) "Traffic—control signal" means a manual, electric, or
mechanical device that alternately directs traffic to stop and to proceed.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

SUBCHAPTER E. MISCELLANEOUS TERMS

Sec. MISCELLANEOUS TERMS.


541.401. In this subtitle:
(l) "Daytime" means the period beginning one—half hour before
sunrise and ending one—half hour after sunset.
(2) "Explosive" means a chemical compound or mechanical mixture
that:
(A) is commonly intended for use or used to produce an
explosion; and
(B) contains ingredients, which may include oxidizing or
combustive units, in packing, proportions, or quantities that, if ignited
by fire, friction, concussion, percussion, or detonator, could suddenly
generate highly heated gases that could damage surrounding objects or
destroy life or limb.
(3) "Flammable liquid" means a liquid that has a flash point of
not more than 7O degrees Fahrenheit as determined by a tagliabue or
equivalent closed-cup test device.
(4) "Gross vehicle weight" means the weight of a vehicle and the
weight of its load.
(5) "Nighttime" means the period beginning one—half hour after
sunset and ending one—half hour before sunrise.
(6) "Park" or "parking" means to stand an occupied or unoccupied
vehicle, other than temporarily while loading or unloading merchandise or
passengers.
(7) "Personal injury" means an injury to any part of the human
body and that requires treatment.
(8) "Right—of—way" means the right of one vehicle or pedestrian
to proceed in a lawful manner in preference to another vehicle or
pedestrian that is approaching from a direction, at a speed, and within a
proximity that could cause a collision unless one grants precedence to the
other.
(9) "Stand" or "standing" means to halt an occupied or unoccupied
vehicle, other than temporarily while receiving or discharging passengers.
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(lO) "Stop" or "stopping" means:


(A) when required, to completely cease movement; and
(B) when prohibited, to halt, including momentarily halting,
an occupied or unoccupied vehicle, unless necessary to avoid conflict with
other traffic or to comply with the directions of a police officer or a
traffic—control sign or signal.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

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12/27/2017 TRANSPORTATION CODE CHAPTER 542. GENERAL PROVISIONS

Exhibit J
TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 542. GENERAL PROVISIONS

SUBCHAPTER A. APPLICABILITY

Sec. 542.001. VEHICLES ON HIGHWAYS. A provision of this subtitle


relating to the operation of a vehicle applies only to the operation of a
vehicle on a highway unless the provision specifically applies to a
different place.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.002. GOVERNMENT VEHICLES. A provision of this subtitle


applicable to an operator of a vehicle applies to the operator of a vehicle
owned or operated by the United States, this state, or a political
subdivision of this state, except as specifically provided otherwise by
this subtitle for an authorized emergency vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.003. ANIMALS AND ANIMAL—DRAWN VEHICLES. A person riding an


animal on a roadway or operating a vehicle drawn by an animal on a roadway
has the rights and duties applicable to the operator of a vehicle under
this subtitle, except a right or duty that by its nature cannot apply to a
person riding an animal or operating a vehicle drawn by an animal.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. 542.004. PERSONS AND EQUIPMENT ENGAGED IN WORK ON HIGHWAY


SURFACE. This subtitle does not apply to a person, team, motor vehicle, or
other equipment engaged in work on a highway unless the provision is
specifically made applicable, but does apply to those persons and vehicles
while traveling to or from that work.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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(1) purchasing or leasing equipment that is part of or used in


connection with the photographic traffic signal enforcement system in the
local authority;
(2) installing the photographic traffic signal enforcement system
at sites in the local authority, including the costs of installing cameras,
flashes, computer equipment, loop sensors, detectors, utility lines, data
lines, poles and mounts, networking equipment, and associated labor costs;
(3) operating the photographic traffic signal enforcement system
in the local authority, including the costs of creating, distributing, and
delivering violation notices, review of violations conducted by employees
of the local authority, the processing of fine payments and collections,
and the costs associated with administrative adjudications and appeals; and
(4) maintaining the general upkeep and functioning of the
photographic traffic signal enforcement system.
(e) Chapter 133, Local Government Code, applies to fee revenue
described by Subsection (c)(l).
(f) If under Section 133.059, Local Government Code, the comptroller
conducts an audit of a local authority and determines that the local
authority retained more than the amounts authorized by this section or
failed to deposit amounts as required by this section, the comptroller may
impose a penalty on the local authority equal to twice the amount the local
authority:
(1) retained in excess of the amount authorized by this section;
or
(2) failed to deposit as required by this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 9, eff.
September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 38, eff. September
1, 2015.

SUBCHAPTER E. MISCELLANEOUS

Sec. 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS AND TO SCHOOL


CROSSING GUARDS. A person may not wilfully fail or refuse to comply with a
lawful order or direction of:
(1) a police officer; or
(2) a school crossing guard who:
(A) is performing crossing guard duties in a school crosswalk
to stop and yield to a pedestrian; or

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(B) has been trained under Section 600.004 and is directing


traffic in a school crossing zone.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts
1999, 76th Leg., ch. 724, Sec. 1, eff. Aug. 30, 1999.

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12/27/2017 TRANSPORTATION CODE CHAPTER 600. MISCELLANEOUS PROVISIONS

Exhibit
TRANSPORTATION CODE
K
TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 600. MISCELLANEOUS PROVISIONS

Sec. 600.001. REMOVING MATERIAL FROM HIGHWAY. (a) A person who


drops or permits to be dropped or thrown on a highway destructive or
injurious material shall immediately remove the material or cause it to be
removed.
(b) A person who removes a wrecked or damaged vehicle from a highway
shall remove glass or another injurious substance dropped on the highway
from the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 600.002. IDENTIFICATION REQUIRED FOR VEHICLE NEAR MEXICAN


BORDER. On demand of a peace officer within 250 feet of the Mexican border
at a checkpoint authorized by Section 411.0095, Government Code, as added
by Chapter 497, Acts of the 73rd Legislature, Regular Session, 1993, the
driver of a vehicle shall produce a driver's license and proof of
compliance with Chapter 601.

Acts 1995, 74th Leg., ch. 165, Sec. l, eff. Sept. l, 1995.

Sec. ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY PRIVATE


600.003.
INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "private or
independent institution of higher education" has the meaning assigned by
Section 61.003(15), Education Code.
(b) A private or independent institution of higher education may
enforce a traffic law of this state under Chapter 545 restricting or
prohibiting the operation or movement of vehicles on a road of the
institution if:
(1) the road of the institution is open to the public at the time
the traffic law is enforced;
(2) the governing body of the institution adopts a regulation to
enforce the traffic law; and
(3) the restriction or prohibition on the operation and movement
of vehicles adopted by the institution:
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posted by means of a sign, marking, signal, or other


(A) is
device visible to and, if it contains writing, able to be read by an
operator of a vehicle to whom the restriction or prohibition applies in the
same manner as a similar restriction or prohibition on the operation and
movement of vehicles would be posted by a municipality; and
(B) has been approved by:
(i) the commissioners court of the county in which the
applicable road of the institution is located, if the road is located in
the unincorporated area of a county; or
(ii) the governing body of the municipality in which the
applicable road of the institution is located, if the road is located in a
municipality.
(c) Campus security personnel of the institution commissioned under
Section 51.212, Education Code, are authorized to enforce the provisions of
this section and have the authority to issue and use traffic tickets and
summons in a form prescribed by the Texas Department of Public Safety to
enforce this chapter only on the property of the institution that
commissioned the campus security personnel under Section 51.212, Education
Code.
(d) The same procedures that apply to a traffic ticket or summons by
a commissioned peace officer of an institution of higher education under
Sections 51.206 and 51.210, Education Code, also apply to a ticket or
summons issued under this section.
(e) The governing body of the municipality or the commissioners court
of the county that approves the enforcement of traffic laws under
Subsection (b) shall also determine the disposition of funds collected
under this section from any fees or fines from the enforcement of a traffic
law of this state.

Added by Acts 1997, 75th Leg., ch. 620, Sec. 1, eff. Sept. 1, 1997.

Sec. 600.004. TRAINING OF SCHOOL CROSSING GUARD. (a) A local


authority may authorize a school crossing guard to direct traffic in a
school crossing zone if the guard successfully completes a training program
in traffic direction as defined by the basic peace officer course
curriculum established by the Commission on Law Enforcement Standards and
Education.
(b) A school crossing guard trained under this section:
(1) is not a peace officer; and

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(2) may not carry a weapon while directing traffic in a school


crossing zone.

Added by Acts 1999, 76th Leg., ch. 724, Sec. 2, eff. Aug. 30, 1999.

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CAUSE NO.

THE CITY OF DALLAS, IN THE DISTRICT COURT


Plaintiff

VS.

DALLAS COUNTY SCHOOLS;


MIKE MOSES (Chair), In His Official
Capacity; MICHAEL HINOJOSA, In His
Official Capacity; MATT BOLES, In His
Official Capacity; CHUCK YAPLE, In
His Official Capacity; CELINA MILLER,
In Her Official Capacity; ROBERT
DRANSFIELD, In His Official Capacity; DALLAS COUNTY, TEXAS
JOSE PARRA, In His Official Capacity;
WWWOWWWWDWW@mmwammmmmmmmmmm

GREG BUCHANAN, In His Official


Capacity; KELLIE SPENCER, In Her
Official Capacity; BRENT RINGO, In His
Official Capacity; SANDRA HAYES, In
Her Official Capacity; BOBBY BURNS,
In His Ofl'lcial Capacity; BOBBY
LABORDE, In His Official Capacity;
DEREK CITTY, In His Official Capacity;
AND ALAN KING, In His Official
Capacity.
Defendants JUDICIAL DISTRICT

AFFIDAVIT 0F SONIA T. SYED {AHMED}

STATE OF TEXAS

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, personally appeared Sonia T. Syed (Ahmed),

who, afier being duly sworn, deposed upon oath as follows:

My name is Sonia T. Syed (Ahmed). I am over the age of eighteen, of sound mind, and

am fi111y authorized and legally competent to make this affidavit. I am an attorney licensed to

practice law in the State of Texas and before this Coun. I am competent to testify, I have personal

knowledge of the matters stated herein, and they are true and correct. I am one of the attorneys

AFFIDAVIT OF SONIA T‘ SYED— Page l


representing the City of Dallas (“City”) in this lawsuit and I have been an assistant city attorney

for the City 0f Dallas since 2013.

I am familiar with the Dallas County’s School’s (“DCS”) website at

http:/.-"www.dcschools.com/ and have performed internet searches regarding the records

maintained 0n the DCS’s website. Attached as Exhibit D to the City of Dallas’s Original Petition

& Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction
is a true and correct copy of documents obtained through DCS’s website.

Attached as Exhibits E and F to the City of Dallas’s Original Petition & Application for

Temporary Restraining Order, Temporary Injunction, and Permanent Injunction are true and

correct copies ofexcerpts OfSenate Bills 2065 and 1566.

Attached as Exhibits G, H, I, J and K to the City ofDallas’s Original Petition & Application

for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction are true and

correct copies ofrelevant excerpts 0fthe following statutes:

1. Texas Local Government Code Chapter §106 and §343.

2. Texas Transportation Code Chapters §54l, §542.501, and §600.

Funher, Affiant sayeth not. —-——


__-——-

Sonia T. Syed (Ahmed)

BEFORE ME, the undersigned notary, on this


2,74)“
day of December 2017, personally appeared

Sonia T. Syed (Ahmed), known to me to be the person whose name is subscribed to the foregoing

instrument and acknowledged to me that they executed the same for the purposes and consideration

therein expressed

__._
NOTARY PUBLIC IN
Jt A Wk
AND FOR THE
_m
STATE OF TEXA
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AFFIDAVIT OF SONIA T. SYED— Page 2


Notary Public
STATE 0F TEXAS I

Comm Ex. 10-24-2018


DC-1 7-1 7570
CAUSE NO.

THE CITY OF DALLAS, IN THE DISTRICT COURT


Plaintiff

vs.

DALLAS COUNTY SCHOOLS;


MIKE MOSES (Chair), In His Official
Capacity; MICHAEL HINOJOSA, In His
Official Capacity; MATT BOLES, In His
Official Capacity; CHUCK YAPLE, In
His Official Capacity; CELINA MILLER,
In Her Official Capacity; ROBERT
DRANSFIELD, In His Official Capacity; DALLAS COUNTY, TEXAS
JOSE PARRA, In His Official Capacity;
GREG BUCHANAN, In His Official WWDCOOOODOO'Jmwmmmmmmmmmmmmmmmmmm

Capacity; KELLIE SPENCER, In Her


Official Capacity; BRENT RINGO, In His
Official Capacity; SANDRA HAYES, In
Her Official Capacity; BOBBY BURNS,
In His Official Capacity; BOBBY
LABORDE, In His Official Capacity;
DEREK CITTY, In His Official Capacity;
AND ALAN KING, In His Official
Capacity.
IL
Defendants "’3 JUDICIAL DISTRICT

TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR


TEMPORARY INJUNCTION
On this day, came to be heard City 0f Dallas’ (the “City”) application for temporary

restraining order. Stacy Rodriguez, Charles Estee, and Sonia Ahmed, attorneys for the City,

appeared in person. Dallas County Schools (“DCS”) ”), Mike Moses (Chair), in his official

capacity; Michael Hinojosa, in his official capacity; Matt Boles, in his official capacity; Chuck

Yaple, in his official capacity; Celina Miller, in her official capacity; Robert Dransfield, in his

official capacity; Jose Parra, in his official capacity; Greg Buchanan, in his official capacity;

Kellie Spencer, in‘her official capacity, Brent Ringo, in his official capacity, Sandra Hayes, in

her official capacity, Bobby Burns, in his official capacity, Bobby LaBorde, in his official
capacity and Derek Citty, in his official capacity (collectively, the “Dissolution Committee”),

and Alan King, in his official capacity and were served and notified by the City and did/did not

appear.

The Court, having considered the original petition and application for temporary restraining

order, orders the following:

«pregam- to support the school crossing guard program as a transportation service under the

dissolution provisions in S.B. 1566 and S.B. 2065.

lt is ORDERED that Defendants are enjoined from distributing filnds from n..- am...“ ... mum...
lmm--—--‘ll""!1'li

“unan-flgggfi-anaa-m-E——"-—-----**""'--"--:---» the City’s child safety trust fund monies

for any purpose other than continuing operation of the school crossing guard program Without

the City’s express written approval and consent until further order ofthe Court.

It is ORDERED that Defendants will preserve, protect all document and information relating

t0 revenues and expenditures from the City’s school bus stop—arm camera program, the escrow

account, the trust fund monies and/or revenues and expenditures from the City’s school crossing

guard program until further order ofthe Court.

It is ORDERED that the clerk shall issue notice t0 DCS and Mike Moses (Chair), in his
official capacity; Michael Hinojosa, in his official capacity; Matt Boles, in his official capacity;

Chuck Yaple, in his official capacity; Celina Miller, in her official capacity; Robert Dransfield,

in his official capacity; Jose Parra, in his official capacity; Greg Buchanan, in his official

capacity; Kellie Spencer, in her official capacity, Brent Ringo, in his official capacity, Sandra

Hayes, in her official capacity, Bobby Burns, in his official capacity, Bobby LaBorde, in his

official capacity and Derek Citty, in his official capacity (collectively, the “Dissolution

Committee”), and Alan King, in his official capacity of the hearing 0n City’s application for

temporary injunction. The purpose 0fthis hearing shall be to determine Whether this temporary

restraining order along with other Violations listed and alleged in the Petition, should be made a

temporary injunction pending a full trial on the merits.

No bond is necessary to be posted by the City.

This Order expires on SMNWZ i I

,
2018 and the hearing on the City’s application
30/
for temporary injunction is set for the H
/
(s
day of SAWM7 ,
2018 at g ‘Jm
Signed 0n D461m’b‘fl’i. ?‘g ,
2018 at Z
30 .m. pm.—

,/

PRESIDING IUDGEfl—7