HomeMy WebLinkAboutResolution 4380-11-2014 A Resolution
NO. 4380-11-2014
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APPOINTING A HEARING OFFICER AND f
SUBSTITUTE HEARING OFFICER FOR THE AUTOMATED `
RED LIGHT ENFORCEMENT PROGRAM 4
WHEREAS, the City's Automated Red Light Camera Enforcement Program was
adopted by City Council on July 31, 2007, (M&C G-15801) to improve safety at red light
controlled intersections and is codified in Chapter 22, Article XII of the Code of the City i
of Fort Worth, Texas ("City Code"); and
WHEREAS, Section 22-366(c) of the City Code requires that City Council appoint
one or more Hearing Officers with the authority to administer oaths, issue orders
compelling the attendance of witnesses and production of documents, and conduct
administrative adjudication hearings requested by individuals who wish to contest the
imposition of a civil penalty; and
WHEREAS, Randall Petersen is a new appointee to the position of Hearing
Officer, and Charles McLure was previously appointed as a Substitute Hearing Officer j
on December 11, 2012, (M&C G-17758) to serve a two year term; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS: i
1. THAT the persons whose names appear below are hereby appointed as Hearing
Officer and Substitute Hearing Officer, respectively, with the authority to administer
oaths, issue orders compelling the attendance of witnesses and production of documents, 4
and conduct administrative adjudication hearings requested by individuals who wish to
contest the imposition of a civil penalty for the terms specified below: `
Name Term Effective Date Term Expiration Date
Randall Petersen November 18, 2014 November 17, 2016
Charles McLure December 11, 2014 December 10, 2016
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2. THAT the City Council has the right to remove any such Hearing Officer or
Substitute Hearing Officer at any time and for any reason prior to the expiration of ;
his term.
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3. THAT this Resolution shall take effect immediately upon its adoption.
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Adopted this 18th day of November, 2014.
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ORDINANCE 17677-07-2007
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AN ORDINANCE PROVIDING FOR THE IMPLEMENTATION OF AN
AUTOMATED RED LIGHT ENFORCEMENT PROGRAM IN THE CITY
OF FORT WORTH, TEXAS THROUGH THE AMENDMENT OF
CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC", OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY
THE ADDITION OF ARTICLE XII, TITLED AUTOMATED RED LIGHT
ENFORCEMENT; IMPOSING A CIVIL PENALTY; PROVIDING THIS
ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABiLrry;
PROVIDING FOR PULICATION AND BECOMING EFFECTIVE THE
DAY AFTER THE SECOND PUBLICATION DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
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That Chapter 22, "Motor Vehicles and Traffic", of the Code of the City of Fort Worth,
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Texas (1986), as amended, is hereby further amended by the addition of Article X11, Automated
Red Light Enforcement, so that said article shall be and read as follows:
ARTICLE XH
AUTOMATED RED LIGHT ENFORCEMENT I
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Section 12.01 -Definitions
In this Article: k
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"Approach" shall mean one direction of travel of up to four contiguous lanes on a road or a
traffic Intersection.
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"City"shall mean the City of Fort Worth,Texas.
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"Contractor" shall mean the contractor hired by the City to install, operate, enforce and j
administer the City's Automated Red Light Enforcement Program.
"Department" shall mean the City of Fort Worth Department of Transportation and Public
Works.
"Intersection" shall mean the place or area where two(2)or more streets intersect.
"Owner" shall mean the Owner of a motor vehicle as shown on the motor vehicle registration
records of the Texas Department of Transportation or the analogous department or agency of
another state or country. The term "Owner" includes (i)a lessee of a motor vehicle under a lease
of six (6) months or more or (ii) the lessee of a motor vehicle rented or leased from a motor
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vehicle rental or leasing company, but does not include the motor vehicle rental or leasing
company itself.
"Photographic Traffic Enforcement System" shall mean a system that: '(1) consists of a
camera and vehicle sensor installed to exclusively work in conjunction with an electrically
operated Traffic Control Signal; and (2) is capable of producing at least two Recorded Images
that depict the license plate attached to the front or rear of a motor vehicle that is not operated in
compliance with the instructions of the Traffic Control Signal.
"Recorded Image" shall mean an image recorded by a photographic or digital traffic
monitoring system that depicts the front or rear of a motor vehicle and is automatically recorded
on a photograph or digital image.
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"Traffic Control Signal" as defined by Texas Transportation Code, Section 541.304, means a
manual,electric,or mechanical device that alternately directs traffic to stop and to proceed.
Section 12.02 -Imposition of Civil Penalty for Creating Dangerous Intersections
A. A vehicle that proceeds into an Intersection, when the Traffic Control Signal for that
vehicle's direction of travel is emitting a steady red signal, damages the public by I
endangering vehicle operators and pedestrians alike, by decreasing the efficiency of
traffic control and traffic flow effort, and by increasing the number of serious accidents to
which public safety agencies must respond at the expense of the taxpayers.
B. The Owner of a motor vehicle is liable to the City for a civil penalty if, while facing only
a steady red signal displayed by an electrically operated traffic-control signal operated in
the City of Fort Worth, the vehicle is operated in violation of the instructions of that
traffic-control signal, as specified by Texas Transportation Code Section 544.007(d). i
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C. The civil penalty for which the Owner is liable for each violation is seventy-five dollars
($75.00).
D. An Owner who fails to timely pay the civil penalty shall be subject to a late payment
penalty of twenty-five dollars($25.00).
Section 12.03-Enforcement; Procedures
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A. The Department is responsible for the enforcement and administration of this Article.
Upon authorization of the City Council of the City of Fort Worth, a Contractor will be
hired to perform these functions.
B. Before a civil penalty may be imposed under this Article, the Contractor shall mail a
notice of violation to the Owner of the motor vehicle liable for the civil penalty not later
than the 30th day after the date the violation is alleged to have occurred to:
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I. The Owner's address as shown on the registration records of the Texas Department of
Transportation or; i
2. If the vehicle is registered in another state or country, the Owner's address as shown i
on the motor vehicle registration records of the department or agency of the other
state or country analogous to the Texas Department of Transportation.
C. A notice of violation issued under this Article shall contain the following: i
1. A description of the violation alleged;
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2. The location of the Intersection where the violation occurred;
3. The date and time of the violation; '
4. The name and address of the Owner of the vehicle involved in the violation; ;
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5. The registration number displayed on the license plate of the vehicle involved in the
violation;
6. A copy of a Recorded Image of the violation limited solely to a depiction of the area
of the registration number displayed on the license plate of the vehicle involved in the
violation;
7. The amount of the civil penalty for which the Owner is liable;
8. The number of days the person has in which to pay or contest the imposition of the
civil penalty and a statement that the person incurs a late payment penalty if the civil
penalty is not paid or imposition of the penalty is not contested within that period.
Said number of days cannot be less than 30 days after the date the notice was mailed;
9. A statement that the Owner of the vehicle in the notice of violation may elect to pay
the civil penalty sent to a specified address instead of appearing at the time and place
of the administrative adjudication hearing; and
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10.Information that informs the person named in the notice of violation:
a. of the Owner's right to contest the imposition of the civil penalty against the
person in an administrative adjudication;
b. that imposition of the civil penalty may be contested by submitting a written
request for an administrative adjudication hearing before the expiration of the
period specified under Subsection 8 of this Section;
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c. that failure to pay the civil penalty or to contest liability for the penalty in a timely r
manner is an admission of liability and a waiver of the Owner's right to appeal the
imposition of the civil penalty;
d. that failure to appear at an administrative adjudication hearing after having
requested a hearing is an admission of liability and a waiver of the Owner's right
to appeal the imposition of the civil penalty;
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e. that failure to pay the civil penalty within the time allowed shall result in the
imposition of a Iate payment penalty of twenty-five dollars ($25.00); and I
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f that if the Owner fails to timely pay the amount of the civil penalty, an arrest
warrant may not be issued for the Owner, and the imposition of the civil penalty
may not be recorded on the Owner's driving record.
D. A notice of violation under this Article is presumed to have been received on the fifth day
after the date the notice of violation is mailed. i
E. In lieu of issuing a notice of violation, the Contractor may mail a warning notice to the
Owner. i
Section 12.04-Admission of Liability
A person who fails to pay the civil penalty or to contest liability for the penalty in a timely
manner or who requests an administrative adjudication hearing to contest the imposition of the
civil penalty against the person and fails to appear at that hearing is considered to:
1. admit liability for the fulll amount of the civil penalty stated in the notice of violation i
mailed to the person; and
2. waive the person's right to appeal the imposition of the civil penalty.
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Section 12.05-Presumption
A. It is presumed that the Owner of the motor vehicle committed the violation alleged in the
notice of violation mailed to the person if the motor vehicle depicted in a photograph or
digital image taken by a Photographic Traffic Enforcement System belongs to the Owner
of the motor vehicle.
B. If, at the time of the violation alleged in the notice of violation, the motor vehicle
depicted in the Recorded Image was owned by a person in the business of selling,
renting, or leasing motor vehicles or by a person who was not the person named in the
notice of violation, the presumption under Subsection A is rebutted on the presentation of i
evidence establishing that the vehicle was at that time:
1. being test driven by another person;
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2. being rented or leased by the Owner to another person;or I
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3. owned by a person who was not the person named in the notice of violation. j
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C. Notwithstanding Subsections A and B of this Section 12.05, the presentation of evidence
under Subsection B by a person who is in the business of selling, renting, or leasing
motor vehicles or did not own the vehicle at the time of the violation must be made by j
affidavit, through testimony at the administrative adjudication hearing provided for under
this Ordinance, or by a written declaration under penalty of perjury. The affidavit or I
written declaration may be submitted by mail to the address specified on the notice of
violation in the same manner prescribed in the written request for administrative hearing i
procedure.
D. If the presumption established by Subsection A is rebutted under Subsection B, a civil
penalty may not be imposed on the owner of the vehicle or the person named in the
notice of violation,as applicable.
E. If, at the time of the violation alleged in the notice of violation, the motor vehicle 4
depicted in the Recorded Image was owned by a person in the business of renting or i
leasing motor vehicles and the vehicle was being rented or leased to an individual, the I
Owner shall provide to the Contractor the name and address of the individual who was
renting or leasing the motor vehicle depicted in the Recorded Image and a statement of
the period during which that individual was renting or leasing the vehicle. The Owner
shall provide the information required by this Subsection not later than the 30a' day after
the date the notice of violation is received. If the Owner provides the required 1
information, it is presumed that the individual renting or leasing the motor vehicle
committed the violation alleged in the notice of violation and the Contractor may send a
notice of violation to that individual at the address provided by the Owner.
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Section 12.06-Administrative Adjudication Hearing
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A. A person who receives a notice of violation under this Article may contest the imposition
of the civil penalty specified in the notice of violation by filing a written request for an
administrative adjudication hearing. The request for a hearing must be filed on or before
the date specified in the notice of violation, which may not be earlier than the 3& day {
after the date the notice of violation was mailed.
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B. On receipt of a timely request for an administrative adjudication hearing, the City shall
notify the person of the date and time of the hearing. Said hearing must be held within
forty-five(45)days after the receipt of a timely filed request.
C. The City Council of the City of Fort Worth will appoint a hearings officer(s) with
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authority to administer oaths and issue orders compelling the attendance of witnesses and
the production of documents. A designated hearings officer shall conduct the
administrative adjudication hearing.
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D. In an administrative adjudication hearing,the issue must be proven by a preponderance of
the evidence.
E. The reliability of the Photographic Traffic Enforcement System used to produce the 4
Recorded Image of the motor vehicle involved in the violation may be attested to by
affidavit of an officer or employee of the City or of the Contractor who is responsible for
inspecting and maintaining the system. i
F. An affidavit of an officer or employee of the City or the Contractor that alleges a
violation based on an inspection of the applicable Recorded Image is:
1. admissible in the administrative adjudication hearing and in an appeal under Section
12.08 of this Article; and
2. evidence of the facts contained in the affidavit.
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G. At the conclusion of the administrative adjudication hearing, the hearing officer shall
enter a finding of liability for the civil penalty or a finding of no liability for the civil
penalty. A .finding under this Subsection G must be in writing and be signed and dated
by the hearing officer.
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H. A finding of liability for a civil penalty must specify the amount of the civil penalty for
which the person is liable. If the hearing officer enters a finding of no liability, a civil
penalty for the violation may not be imposed against the person.
I. A person who is found liable for a civil penalty after an administrative adjudication
hearing shall pay the civil penalty within thirty(30)calendar days of the hearing.
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Section 12.07-Untimely Request for Administrative Adjudication Bearing
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Notwithstanding any other provision of this Article, a person who receives a notice of violation
under this Article and who fails to timely pay the amount of the civil penalty or fails to timely
request an administrative adjudication hearing is entitled to an administrative adjudication
hearing if:
1. the.person submits a written request for the hearing to the designated hearing officer, y
accompanied by an affidavit that attests to the date on which the person received the
notice of violation; and j
2. the written request and affidavit are submitted to the hearing officer within the same
number of days after the date the person received the notice of violation as specified
under Section 12.03.
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Section 12.08-Appeal 1
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A. An Owner determined by a hearing officer to be liable for a civil penalty may appeal that
determination to a City of Fort Worth Municipal Court Judge by filing an appeal petition
with the court's clerk
B. The petition must be:
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1. filed before the 31't day after the date on which the administrative adjudication
hearing officer entered the finding or liability for the civil penalty; and j
2. accompanied by payment of the costs required by law for the court.
C. The court clerk shall schedule a hearing and notify the Owner and the appropriate
Department or Contractor of the date,time, and place of the hearing.
D. An appeal stays enforcement and collection of the civil penalty imposed against the
Owner. The Owner shall file a notarized statement of personal financial obligation to
perfect the Owner's appeal.
E. An appeal under this Subsection 12.08 shall be determined by the court by trial de novo.
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Section 12.09-Delinquent Penalty
A. If an Owner is delinquent in the payment of a civil penalty imposed under this Article,
the Contractor will pursue collection of the penalty.
B. Pursuant to Texas Transportation Code Chapter 707, if an Owner is delinquent in the
payment of a civil penalty imposed, the county assessor-collector of the Texas
Department of Transportation may refuse to register a motor vehicle alleged to have been
involved in the violation.
Section 12.10-Effect of Liability; Exclusion of Civil Remedy; Suit for Collection-
A. The imposition of a civil penalty under this Article is not a conviction and may not be
considered a conviction for any purpose.
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B. The Contractor may not impose a civil penalty under this Article on the Owner of a motor
vehicle if the operator of the vehicle was arrested or was issued a citation and notice to
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appear by a peace officer for a violation of Section 544.007(d) of the Texas G
Transportation Code recorded by the traffic-control signal monitoring system. ;
C. The City Attorney is authorized to file suit to enforce collection of a civil penalty
imposed under this Article.
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Section 12.11—Deposit of Revenue; Deductions;Uses
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A. Not later than the 60th day after the end of a fiscal year, after deducting amounts
authorized by Subsection B to retain,the City shall:
1. send 50 percent of the revenue derived from civil penalties collected under this
Article to the comptroller for deposit to the credit of the regional trauma account '
established under Section 782.002,Health and Safety Code; and
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2. deposit the remainder of the revenue in a special account in the City's treasury
that may be used only to fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and traffic
enforcement. i
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B. The City may retain an amount necessary to cover the costs of:
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1. purchasing or leasing equipment that is part of or used in connection with the
Photographic Traffic Signal Enforcement System;
2. installing the Photographic Traffic Signal Enforcement System at sites in the City,
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; 1
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3. operating the Photographic Traffic Signal Enforcement System in the City,
including the costs of creating, distributing, and delivering violation notices,
review of violations conducted by employees of the City, 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. I
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2.
This Ordinance shall be cumulative of all other provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
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Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event conflicting provisions of such ordinances and such Code are hereby repealed.
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3.
It is hereby declared to be the intention of the City Council that the sections,paragraphs,
sentences, clauses and phrases of this Ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not i
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
,
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Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph
OT section.
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4.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause and effective date of this Ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local
Government Code. This Ordinance shall take effect upon adoption and publication as required
by law. The effective date of this Ordinance shall'be the day after the date of the second
publication.
APPROVED TO FORM AND—LEGALITY:
Assistant City 0216Y
Le�
Date:
ADOPTED:JuIv 31 2007
EFFECTIVE: acul
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City of Fort Worth, Texas
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Mayor and Council Communication
COUNCIL ACTION: Approved on 7/31/2007 -Ordinance No. 17677-07-2007
DATE: Tuesday, July 31, 2007
LOG NAME: 20REDLIGHTORD REFERENCE NO.: G-15801
SUBJECT:
Adopt an Ordinance Amending Chapter 22, "Motor Vehicles and Traffic"; by Adding a New Article
X11 titled "Automated Red Light Enforcement'; Providing for the Implementation of a Red Light
Enforcement Program; Imposing a Civil Penalty of $75 Per Violation and a $25 Late Payment
Penalty; Providing that the Ordinance is Cumulative; Providing for Severability; Providing for 4
Publication and Becoming Effective the Day after the Second Publication Date
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 22, "Motor ;
Vehicles and Traffic"; by adding a new Article XII titled "Automated Red Light Enforcement"; providing for
the implementation of a Red Light Enforcement Program; imposing a civil penalty of$75 per violation and a
$25 late payment penalty; providing that the ordinance is cumulative; providing for severability; providing for
publication and becoming effective the day after the second publication date.
DISCUSSION:
Adoption of the ordinance is required before the City of Fort Worth can establish and implement an
automatic red light camera enforcement program in an effort to improve safety at red light controlled
intersections. A separate Mayor and Council Communication seeking authorization to contract with a
vendor for the provision of turn-Ivey services related to camera installations, operation, maintenance, i
program enforcement and administration services will be submitted for City Council consideration.
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The Transportation and Public Works Department recommends approval of the attached ordinance due to 1
the following safety concerns: i
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- 15 percent of all accidents in intersections are due to red light running i
-22 percent of all accidents combined in the United States are caused by drivers running red lights
-Texas ranks fourth highest in red light crash fatalities
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-Nationally 180,000 injuries and 900 deaths occur each year as a result of red light violations
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FISCAL INFORMATION/CERTIFICATION:
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Logname:20REDLIGHTORD Page I of 2
The Finance Director certifies that this action will have no material effect on City funds. i
TO Fu
nd/AccountiCenters FROM Fund/Account/Centers
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Submitted for City Manager's Office by: Marc A. Ott(8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Randy Burkett(8774) l
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Logname: 20REDLIGHTORD Page 2 of 2
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City of Fort Worth, Texas
Mayor and Council Communication
711711 7312 1
. COUNCIL ACTION Approved on 11/1 8/201,4 ReswluU6 n No. 4380=11'-2014 .
DATE: Tuesday, November 18, 2014 REFERENCE NO.: **G-18361
LOG NAME: 20HEARINGOFC
SUBJECT:
Adopt Resolution Appointing Randall Petersen as Hearing Officer and Reappointing Charles McLure as
Substitute Hearing Officer for the Automated Red Light Enforcement Program Pursuant to Chapter 22,
Article XII, Section 22-366(c) of the Code of the City of Fort Worth, Texas with the Authority to Administer
Oaths, Issue Orders Compelling the Attendance of Witnesses and the Production of Documents and to
Conduct Administrative Hearings (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution appointing Randall Petersen as
Hearing Officer and reappointing Charles McLure as substitute Hearing Officer for the automated Red
Light Enforcement Program pursuant to Chapter 22, Article XII, Section 22-366(c) of the Code of the City
of Fort Worth, Texas with the authority to administer oaths, issue orders compelling the attendance of
witnesses and the production of documents and to conduct administrative hearings.
DISCUSSION:
The City's Automated Red Light Camera Enforcement Program was adopted by Council on July 31, 2007,
(M&C G-15801) to improve safety at red light controlled intersections and is codified in Chapter 22, Article
XII of the Code of the City of Fort Worth, Texas (City Code). Section 22-366(c) of the City Code requires
that City Council appoint one or more Hearing Officers with the authority to administer oaths, issue orders
compelling the attendance of witnesses and production of documents and conduct administrative
adjudication hearings requested by individuals who wish to contest the imposition of a civil penalty.
Randall Petersen will serve as the primary Hearing Officer, and Charles McLure will serve as the
Substitute Hearing Officer when Randall Petersen is unavailable. Randall Petersen will serve a two year
term effective November 18, 2014 through November 17, 2016. Charles McLure was previously +
appointed as a Substitute Hearing Officer on December 11, 2012, (M&C G-17758) to serve a two year
term. This reappointment will appoint Charles McLure as the Substitute Hearing Officer for a term
effective December 11, 2014 through December 10, 2016. The City Council has the right to remove any
such Hearing Officer or Substitute Hearing Officer at any time and for any reason prior to the expiration of
his term.
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FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers #
CERTIFICATIONS:
Logname: 20HEARINGOFC Page 1 of 2
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Fernando Costa (6122)
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Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Alonzo Linan (7861)
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Logname: 20HEARINGOFC Page 2 of 2