Tuesday, October 8, 2019

CITY OF AUSTIN LAW DEPARTMENT TO ME: CITY HAS NO RECORD OF ANY POINT OF ENTRY FROM ANY ABUTTING UNIT OR NEARBY UNIT INTO ANY OF MY RESPECTIVE RENTAL-APARTMENT UNITS IN AUSTIN, TEXAS, EVER SINCE APRIL 1, 2011


From: John McMillan
To: leticia.acosta@austintexas.gov ; Martin Jason [APD] ; margaret.moore@traviscountytx.gov ; Darla Dixon ; sally.hernandez@traviscountytx.gov ; Travis County Judge Sarah Eckhardt ; Kirk Watson ; John Hitzelberg ; rafael.kianes@austintexas.gov ; Rey Arellano ; spencer.cronk@austintexas.gov ; City of Austin Interim City Attorney Anne Morgan ; Rep. Sheryl Cole (2019 CentralTX) ; Travis County Commissioner Jeff Travillion (2017) ; U.S. Rep. Lloyd Doggett (2015) ; Texas DPS Office of General Counsel ; CountyAttorneyDavidEscamilla ; central_texas@cruz.senate.gov ; Governor's Office of Texas Open Records Administrator ; Texas Legal ; ACLU ; Office for Victims of Crime (U.S. DOJ) ; Fbinaa Info ; Texas Rangers Division of DPS ; U.S. Department of Homeland Security ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Jeff Pender ; Gerald Daugherty ; District 4 ; Texasadvocacyproject Info ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Travis County Commissioner Brigid Shea ; Joyfulheartfoundation Info ; Justin Holland ; Attorney Cousin Jack Dane ; Rainn Info ; marcos.johnson@austintexas.gov ; David Maxwell ; Jackson Anna ; shawn.dick@wilco.org ; Gina Hinojosa ; patsy.spaw@senate.texas.gov ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Williamson County (TX) Attorney (2016) ; Piper Stege Nelson ; Safeaustin Info ; Doc Webmaster ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Williamson County Sheriff Chody 2018 ; sarah@nshhcoalition.org ; Austin Mayor Steve Adler ; michael@dell.com ; Michael Eveleth ; RCEW Info ; Sociology Prof. Jim Nolan West Va. University ; Cousin Jim Dane ; Christian Hawley ; texasrealtors ; Austin Board of Realtors-Govt. Relations

Sent: Tuesday, October 8, 2019, 02:01:46 AM CDT
Subject: Fw: [Austin Public Records Center] :: X004118-100319

A respectful FYI to each of you on the following official response to my October 2, 2019-dated Public Information Request (below) to the City Austin that referred to a possible City of Austin-authorized point of entry from an abutting or nearby rental unit into one or more of the respective rental-housing units where I myself have resided as a rent-paying official tenant in Austin, Texas, during the multi-year period ever since April 1, 2011.

The following (see below on this) are noteworthy statements from the City of Austin Law Department's official response to me yesterday (October 7, 2019) on this subject:

"The only way (City) Code (Department) would have entered an apartment is with permission or a warrant. For such we do not have any responsive information....Regarding the portion of your request about unauthorized access into your apartment, there is no responsive documents."

As always, I myself, John Kevin McMillan, would welcome any and all government-provided surveillance, including from outside of or inside my current apartment unit using infrared-photograph technology or any other authorized form of technology, of any and all possible points of entry into my current rental apartment unit, Apt. 2418 in Building 17 at Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin, that are ever identified at any time by any law-enforcement agency or other government agency, or by any realtor or tenant or other individual or group of individuals.


Sincerely and Best Wishes,
John Kevin McMillan, a gainfully employed, dependably civil and law-abiding and honest, longstanding criminal-law complainant and self-identified-continuous-personal-injury-crimes victim in Austin, Texas.
Home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
______________
----- Forwarded Message -----
From: Austin Public Records Center
To: mcmillanj@att.net
Sent: Monday, October 7, 2019, 10:45:14 AM CDT
Subject: [Austin Public Records Center] :: X004118-100319


--- Please respond above this line ---







Re: Public Information Request of October 03, 2019, Reference # X004118-100319

Dear John McMillan,

The City of Austin received a public information request from you on October 03, 2019, to request copies of records pertaining to the following:

“301 West 2nd Street, Austin, TX 78701.Office phone: (512) 974-2220.Office FAX: 512-974-2405.
October 2, 2019
Dear Open Records Coordinator for the City Government of Austin,
This is a Texas Open Records request in which I seek to obtain from the City Government of Austin a copy
of any and all records referring to any occasion since April 1, 2011, in which the City of Austin Code Department has ever at any time directly authorized or knowingly permitted --- whether for a cited temporary time period or otherwise --- the presence of an already-existing point of entry, or planned construction of a new point of entry, into any of the following rental-housing units that occurred or originated either directly from an abutting rental unit or from a rental unit or storage-space unit situated either below or above any of the following specifically-cited rental units:
---Pebble Creek Apartments, 8805 North Plaza Drive, Apartment 2418 (a second-floor,
east-facing unit in the northern wing of Building 17), Austin, TX 78753.

---Village Oaks Apartments, 10926 Jollyville Road, Apartment 1609 (a east-facing third-floor unit in the southeastern wing of Building 16), Austin, TX 78759.
---Village Oaks Apartments, 10926 Jollyville Road, Apartment 902 (a west-facing second floor unit in the southern wing of Building 9), Austin, TX 78759.

---Crossland Economy Studios (Extended Stay America), Apartment or Room 133, a ground-floor, southeastern-wing unit at 12621 Hymeadow Road, Austin, TX 78729.
---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325 (a second-floor, south-facing unit in the western wing of Building 3), Austin, Texas, 78759.
My legal name is John Kevin McMillan.
During the above-cited time period ever since April 1, 2011, I resided as a rent-paying official tenant or rent-paying management-approved occupant in each of the above-cited respective rental-housing units in Austin, Texas.

Thank you in a advance for your prompt
and very thorough reply letter providing me with any and all responsive documents.
Sincerely and Best Wishes, John Kevin McMillan, a longtime
complainant in the still-active APD Sex Crimes Case 16-1340923, an alleged continuous and still-continuing daily and year-round and multi-year personal-injury-crimes APD case in which identification of the possible respective points of entry that were allegedly
used by alleged trespassers into one or more of my locked or bolt-locked rental-apartment units ever since the year 2016 has been cited to me by APD officers as a major source of difficulty for crime investigators in that particular still-unsolved case.In December of 2015, a staff
member for ADT home-security services did helpfully inform me on the telephone during a time period when I resided in Apartment 902 at Village Oaks Apartments in Austin, that the bedroom-wall vibrations in the video clips that my ADT surveillance cameras were
automatically generating for me during my bedtime hours inside my private locked bedroom of my and my one total roommate's two-bedroom apartment unit at that time,
comprised tangible evidence to that ADT staff member that the walls abutting my locked bedroom were apparently moving during my sleeping hours.To quote verbatim from a December 30, 2015, crime report that I wrote and e-mailed on that same
date to APD Sex Crimes Unit Detective Brian Narciso:"A male adult representative for ADT Pulse operations in Rochester, New York, who stated his first
name as 'Andrew', stated to me on the telephone at about 2:15 p.m. December 14, 2015, that any images I obtain through my ADT Pulse motion-sensitive infrared cameras inside my locked private bedroom that show vibrations or apparent motion in the walls during
my sleeping hours, are compelling evidence that 'the wall is moving, ' Andrew stated to me."
__________My current home address for myself, public-information requestor John Kevin McMillan: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.Cell phone: (512) 993-7305.My Blog: http://www.johnkevinmcmillan.blogspot.com”

In order for the City of Austin to begin processing your request, we need additional clarification.

We looked up the addresses and there have only been a couple of cases at the listed units, for code violations such as no water or lack of heat that affected multiple units. Reading the whole request, we are understanding your concern to be about someone accessing your apartment. The only way Code would have entered an apartment is with permission or a warrant. For such we do not have any responsive information. For clarification purposes, are you wishing for the documents regarding the code violations regarding utilities? Regarding the portion of your request about unauthorized access into your apartment, there is no responsive documents.

If you would like for the City of Austin to proceed with your public information request, please provide clarifications within sixty (60) calendar days from 10/07/2019. Otherwise, the City of Austin will consider your request closed.

You may provide a response to the City of Austin by any of the following methods:
by responding to this email or
by regular mail to City of Austin Law Department P.O. Box 1088, Austin, TX 78767

Upon receipt of your clarification, the City of Austin will further respond to your Public Information Act Request as required by law, including providing you with an estimate of costs associated with producing the requested records.

If you have any questions, please contact my office at (512) 974-2268.
Thank you for contacting the City of Austin.


PIR Team
City of Austin- Law Department
(512) 974-2268

To monitor the progress or update this request please log into the



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