12-10-1991 (City Council) Agenda Packet CITY COUNCIL MEETING
MINUTES
November 26 , 1991
The City of Wylie City Council met in regular session on
Tuesday November 26 , 1991 at 7 : 00 P .M. in the Council
Chambers of the Municipal Complex . A quorum was present and
notice of the meeting had been posted in the time and manner
required by law. Those present were Mayor John Akin , Mayor
Pro Tem Jay Davis , Council Members , Jim Swartz , Don Hughes ,
Ortie Messenger and William Martin . Acting City Manager
Carolyn Jones , City Attorney Steve Deiter , City Engineer
Paul Beaver , Finance Director Brady Snellgrove , Building
Official Rick herzberger , Public Works Superintendent Jack
Jones , Public Works Director Bill Flowers , Park Director
Bill Nelson and Secretary Barbara LeCocq . Councilman
Simmons was out due to illness .
Public Works Director Bill Flowers gave the invocation .
Councilman Hughes led the Pledge of Allegiance .
CONSIDER APPROVAL OF MINUTES FROM MEETINGS HELD ON OCTOBER
22 , NOVEMBER 12 , AND NOVEMBER 18 , 1991 : There being no
additions or deletions Councilman Hughes made a motion that
the minutes be approved as presented . Seconded by
Councilman Swartz. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz
in favor , Councilman Martin - in favor , Councilman Hughes -
in favor , Councilman Messenger - in favor . The motion
carried with all in favor .
CONSIDER AUTHORIZATION TO SEEK BIDS FOR REFUSE COLLECTIONS
FOR THE CITY OF WYLIE: Our five year contract with BFI
expires on April 1 , 1992 . Unless we notify BFI that we want
to seek bids our contract will automatically renew for
another five years . Councilman Swartz made a motion that we
seek bids for refuse collection contracts , seconded by
Councilman Martin . The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz
in favor , Councilman Martin - in favor , Councilman Hughes -
in favor , Councilman Messenger - in favor . The motion
carried with all in favor .
CONSIDER INTERLOCAL AGREEMENT ENABLING CITY TO PARTICIPATE
IN COOPERATIVE PURCHASING WITH COLLIN COUNTY GOVERNMENTAL
PURCHASERS FORUM: Councilman Martin made a motion that we
approve the agreement , with additions made by City Attorney ,
to participate in cooperative purchasing with Collin County
Governmental Purchasers Forum. The motion was seconded by
Mayor Pro Tem Davis . The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz
in favor , Councilman Martin - in favor , Councilman Hughes -
in favor , Councilman Messenger - in favor . The motion
carried with all in favor .
CONSIDER APPROVAL OF PAYMENT OF INVOICE #03-028905-001 IN
THE AMOUNT OF $2 , 287 . 75 TO JONES & NEUSE FOR THE THIRD
QUARTER SAMPLING OF MONITOR WELLS AT THE CITY LANDFILL:
Councilman Messenger made a motion that we approve this
invoice for payment , seconded by Mayor Pro Tem Davis . The
vote was as follows : Mayor Akin - in favor , Mayor Pro Tem
Davis - in favor , Councilman Swartz in favor , Councilman
Martin - in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor . The motion carried with all in
favor .
CONSIDER PAYMENT OF INVOICE #91102 ( 348) FROM SHIMEK, JACOBS
& FINKLEA FOR RESEARCH AND MARKET VALUE ANALYSIS OF RIGHT-
OF-WAY PROPERTY ALONG ALANIS LANE, DIRECTLY RELATED TO THE
LANDFILL CLOSURE AND APPROVED THOROUGHFARE PLAN: Councilman
Martin made a motion that we approve payment of this
invoice , seconded by Councilman Swartz. The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor . The motion carried with all in favor .
CONSIDER REOPENING OF ALLEYWAY ON BUTLER STREET NEAR HILLTOP
LANE : Councilman Hughes made a motion that we table this
item and conduct a public hearing on this at the next
meeting . Seconded by Mayor Pro Tem Davis . The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor . The motion carried with all in favor .
CONSIDER AUTHORIZATION TO USE CITY OWNED EQUIPMENT FOR THE
"SHORLINE RE-LEAF PROJECT" AT LAKE LAVON, UNDER THE
SUPERVISION OF THE PARKS DIRECTOR: Councilman Martin made a
motion that we allow use of our equipment for this project ,
seconded by Councilman Messenger . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor ,
Councilman Swartz in favor , Councilman Martin - in favor ,
Councilman Hughes - in favor , Councilman Messenger - in
favor . The motion carried with all in favor .
CONSIDER APPROVAL OF THE DEVELOPMENT PLAN SUBMITTED BY THE
DEVELOPMENT CORPORATION OF WYLIE, INC: Jim Smith , President
of the Development Corporation of Wylie , Inc . made this
presentation . Councilman Hughes made a motion that we
approve the plan submitted by the Development Corporation of
Wylie , Inc . Seconded by Mayor Pro-Tem Davis . The vote was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis -
in favor , Councilman Swartz in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor . The motion carried with all in favor .
CONSIDER APPROVAL OF FINAL PLAT FOR THE TEXAS NATIONAL GUARD
ARMORY: Councilman Messenger made a motion that we approve
the final plat for the Texas National Guard Armory.
Seconded by Councilman Swartz . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor ,
Councilman Swartz in favor , Councilman Martin - in favor ,
Councilman Hughes - in favor , Councilman Messenger - in
favor . The motion carried with all in favor .
CONSIDER APPROVAL OF PRELIMINARY PLAT FOR OAKRIDGE
SUBDIVISION: Councilman Hughes made a motion that we
approve this preliminary plat for Oakridge subdivision .
Seconded by Councilman Messenger . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor ,
Councilman Swartz in favor , Councilman Martin - against ,
Councilman Hughes - in favor , Councilman Messenger - in
favor .
DISCUSS CITY OF WYLIE INTERIM COMBINED STATEMENT OF CASH
RECEIPTS AND DISBURSEMENTS FOR MONTH ENDING OCTOBER, 31 ,
1991 : A presentation was made by the Finance Director . No
action is necessary .
CITIZEN PARTICIPATION: Mayor Akin stated those wishing to
address the Council to come forward at this time and state
their name and address for the records and to keep their
comments within five minutes . In accordance with the Open
Meeting Act , the Council will hear comments of public
interest , but any discussion shall be limited to placing the
item on a future agenda for consideration .
No citizen participation .
RECESSED REGULAR BUSINESS MEETING AND CONVENED COUNCIL INTO
EXECUTIVE SESSION UNDER THE AUTHORITY OF ARTICLE 6252-17
V.A.C .S , SECTION 2 , PARAGRAPH "E" PENDING LITIGATION ,
SOUTHFORK MOBILE HOME PARK VS . CITY OF WYLIE:
RECONVENE OPEN MEETING:
No action was taken in the executive session .
RECESS REGULAR BUSINESS MEETING AND CONVENE COUNCIL INTO
WORK SESSION:
Clean up of S . Ballard St . - Building Official gave a report
on this .
Ordinance regarding Alcoholic Beverages within the City
Limits - City Attorney gave a recommendation on this .
Parking on East Brown Street -
Repairs to A-1 Ambulance Building
Texas Department of Commerce Grant
There being no other business for discussion , a motion was
made to adjourn .
John W. Akin , Mayor
ATTEST:
Barbara LeCocq , Secretary
CALLED CITY COUNCIL MEETING
MINUTES
DECEMBER 3, 1991
The City of Wylie City Council met in called session on
Tuesday , December 3 , 1991 at 8 : 00 A.M. in the City Council
Conference Room of the Municipal Complex . A quorum was
present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
John Akin , Mayor Pro Tem Jay Davis , Council Members Percy
Simmons , Ortie Messenger , Don Hughes and William Martin .
Acting City Manager Carolyn Jones , City Attorney Steve
Deiter , City Engineer Paul Beaver , Public Works
Superintendent Jack Jones , and Secretary Barbara Lecocq .
Mayor Akin called the meeting to order .
DISCUSS AND CONSIDER GRANTING AUTHORIZATION TO SEEK BIDS FOR
THE FINAL PHASE OF CLOSING THE LANDFILL: USE OF GENERAL
CONTRACTOR - TURN KEY JOB AND OR CITY CREWS AND LEASED
EQUIPMENT NEEDED: Councilman Messenger made a motion to
grant authorization to seek bids for a general contractor to
do a turn key job on the landfill closure and also seek bids
to rent equipment and use City force labor to close the
landfill . Councilman Swartz seconded . The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor , and Councilman Simmons - in favor . The motion
carried with all in favor .
CONSIDER APPROVAL OF PAYMENT OF INVOICE NO. 9171 TO
HELMBERGER ASSOCIATES FOR SERVICES RENDERED THROUGH 11-17-91
RELATING TO CLOSURE PLAN FOR WYLIE MUNICIPAL LANDFILL:
Councilman Martin made a motion that approve this invoice
for payment . Seconded by Councilman Simmons ._ The vote was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor , and Councilman Simmons - in favor . The motion
carried with all in favor .
There being no other business for discussion a motion was
made to adjourn the meeting , with all in favor .
John W. Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
To: Carolyn Jones, Acting City Manager
From: Jim Holcomb, Purchasing Agent
Date: December 4, 1991
Subject: 1992 Police Car Bids
I have reviewed the bids submitted through the interlocal cooperative
purchasing agreement with Rockwall , Sachse, Heath, Greenville, Rowlett
and Rockwall County. The lowest responsible and responsive bidder is
Reliable Chevrolet with a bid of $12,637.40 on the Chevrolet Caprice.
Delivery time is 90 to 120 days.
I have also been in contact with HGAC Cooperative Purchasing and the
State General Services Commission. HGAC does not have pricing yet on
1992 police patrol vehicles. The state contract is with Ford at a
unit price of $11,900.00 on the Ford Crown Victoria. The City may
participate in this contract, and any other automated state contracts,
by adopting a resolution for that purpose (see attachments). The GSC
requires an annual participation fee of $125.00.
As you may know, our experience with the 1991 Caprice police units
has been less than satisfactory. There have been numerous and repeated
problems involving the suspension, wheel bearings and brakes and we
have no assurance that the manufacturer has been able to correct
these apparent defects in the 1992 models.
My recommendation is for Council to reject all bids received through
the Rockwall cooperative bid. It is further recommended that Council
adopt the attached resolution- (or a .simtlar version thereof) and
authorize the purchase of two 1992 Crown Victoria police cars through
the state Purchasing and General Services contract. Council has
previously approved an expenditure of $30,000.00 for the two vehicles
and the total cost under the state bid is $23,800.00.
RESOLUTION
STATE OF TEXAS
) TO THE STATE PURCHASING AND
COUNTY OF Collin ) GENERAL SERVICES COMMISSION
WHEREAS, the City Council of Wylie, Texas, pursuant to
the authority granted by Sections 271.081-271.083 Local
Government Code, V.T.C.A. , as amended, desires to
participate in described purchasing programs of the State
Purchasing and General Services Commission, and in the
opinion that participation in these programs will be highly
beneficial to the taxpayers through the anticipated savings
to be realized; now, therefore, be it
RESOLVED, that we request the State Purchasing and
General Services Commission to include its stated need on
the Commission's annual contracts, whereby Jim Holcomb,
Purchasing Agent is authorized and directed to sign and
deliver all necessary requests and other documents in
connection therewith for and on behalf of The City of Wylie,
and we acknowledge obligation to pay participation fees
established by the commission.
I certify that the foregoing is a true and correct copy
of the resolution duly adopted by the City of Wylie, Texas
and that the same now appears of record in my office.
In witness thereof, I have hereunto set my hand and
affixed my official seal this tenth ( 10th) day of December,
1991.
By: City of Wylie
Sample Resolution
The law requires the governing body of each political subdivision to adopt a resolution, similar to this sample.
RESOLUTION
STATE OF TEXAS ) TO THE STATE PURCHASING AND
)
GENERAL SERVICES COMMISSION
COUNTY OF
WHEREAS,the (Commissioner's Court,City Council,School Board,ate.) of (Name of Political Subdivision) ,'xas,
pursuant to the authority granted by Sections 271.081-271.083 Local Oovernment Code, V.T.C.A., as amended, desires to
participate in described purchasing programs of the State Purchasing and General Services Commission, and in the opinion
that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized;
now, therefore, be it
RESOLVED, that we request the State Purchasing and General Services Commission to include its stated need on
the Commission's annual contracts, whereby (Name of official to serve as Agent of Record/Authorized Individual) ,
(Title of Authorized Individual) , is authorized and directed to sign and deliver all necessary requests and other documents in
connection therewith for and on behalf of (Name of Political Subdivision) ,and we acknowledge obligation to pay participa-
tion fees established by the commission.
I certify that the foregoing is a true and correct copy of the resolution duly adopted by the (Commissioner's Court,City
Council, School Board, etc.) of_(Name of Political Subdivision) and that the same now appears of record in my office.
In witness thereof, I have hereunto set my hand and affixed my official seal this day of
, 19
By:
(Signature) (Name of Political Subdivision)
(Name & Title of Governing Body Chairperson) (Signature of Agent of Record)
(Name dt Title of Agent of Record)
aoa-om,
•M
TOTAL P.03
•
MEMORANDUM
TO: Carolyn Jones, Acting City Manager
FROM: Paul D. Beaver , Director of Planning & Engineering 6;)
DATE: December 4, 1991
SUBJECT: Helmberger Associates
Invoice No. 9171A
Services rendered through 12-2-91
Closure Plan for Wylie Municipal Landfill
Attached is invoice #9171A from Helmberger Associates in the
amount of $13, 755. 02 for the Texas Department of Health required
Closure Plan for the Wylie Municipal Landfill . The $46, 500 not to
exceed contract is now 73% complete by dollar amount billed to
date.
Please place this item on the next Council Agenda.
Payment is recommended.
„•
HELMBERGER ASSOCIATES EVOKE
l
HEMHumBERDERWOO,. INO. CIVIL AND ENVIRONMENTAL ENGINEERS
124 1400INER Ao. `11:$780!f981-351 r' TP @
(214)442-7459
City of Wylie INVOICE NO. : 9171A
2000 Highway 78 North PNI : 9171
P.O. Box 428 DATE : DECEMBER 2, 1991
Wylie, Texas 75098
Attn: Mr. Paul Beaver, P.E. , Director of Planning and Engineering
Professional services rendered to date for preparation of the
closure plan for the Wylie Municipal Landfill.
FOR PROFESSIONAL SERVICES RENDERED THROUGH 12-2-91
Direct Salary Expense:
Technician 27.00 Hrs. * $27.32/Hr. = $ 737.64
Clerical 12.00 Hrs. * $24.32/Hr. = $ 291.84
Staff Engineer 87.75 Hrs. * $52.50/Hr. = $ 4,606.88
Principal in Charge 72.00 Hrs. * $80.00/Hr. = $ 5.760.00
Total Direct Salary Expense $11,396.36
Direct Costs:
Travel $356.00 * 1. 15 = $ 409.40
Long Distance Phone Calls $10.00 * 1. 15 = $ 11.50
Plotting & Bluelines $308.72 * 1.15 = $ 355.03
Survey Work 14 hours * $85.00/hr. * 1. 15 = $ 1, 368.50
Contour Divider $161.29 * 1. 15 = $ 185.48
Copies $25.00 * 1. 15 = S 28.75
. Total Direct Cost $ 2,358.66
AMOUNT DUE THIS INVOICE $13,755.02
'If
nv.#9171A
DCH
WHITE-ORIGINAL YELLOW-REMITTANCE COPY PINK-FILE
9
MEMORANDUM
TO: Carolyn Jones, Acting City Manager
FROM: Paul D. Beaver , Director of Planning & Engineering P rj
DATE: December 4, 1991
SUBJECT: Jones & Neuse Pay Estimate
Invoice No. 03-028905-002
October 1991 Services
Groundwater Monitor Well Sampling
Preparation for Materials for Draft Report
Attached is the October invoice from Jones & Neuse in the amount
of $1 , 747. 35 for the State Health Department required third
calendar quarter sampling of monitor wells at the City of Wylie
landfill . This represents 28% completion by dollar amount of the
9-11-91 approved contract.
Please place this item on the next Council Agenda.
Payment is recommended.
November 15, 1991 Invoice No. 03-028905-002
r JONES AND NEUSE, INC.
111811 IH-10 East, Suite 275
Houston, Texas 77029 713-450-1882 Phase I
City of Wylie
PX146
Period of Service: October 1, 1991 through October 31, 1991
Preparation of materials for draft report.
Labor
Env Specialist VI 10.000 hr @ $ 90.00/hr = 900.00
Geologist V 2.000 hr @ $ 85.00/hr = 170.00
Technician VII 4 . 500 hr @ $ 55.00/hr = 247.50
Technician V 2 . 000 hr @ $ 43 .00/hr = 86.00
Clerk III 4.250 hr @ $ 33 . 00/hr = 140.25
1543.75
Expenses
Reproduction 10.60
Telecommunications 11.30
Travel 181.70
203.60
Amount Due This Invoice $ 1747.35
PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1%
PER MONTH WILL BE APPLIED TO AMOUNT DUE.
•
TERMS:Net cash,due on receipt of invoice.Payable in Houston.Harris County,Texas
A t%MONTHLY SERVICE CHARGE(t2%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
N M116ti��C
t . GSA .' GOVERNMENTAL SERVICE AGENCY, INC.
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November 26, 1991
Carolyn Jones
City Secretary
City of Wylie
P. O. Box 428
Wylie,Texas 75098
Dear Ms. Jones:
Please find nine (9) copies of the proposed Wylie Code of Ordinances bound in a three-ring
binders for adoption by the City Council. I have provided you with an extra seven (7) copies
to give to the Mayor and council members. Additionally, I have attached a proposed
ordinance to adopt the new Code of Ordinances for your use.
The new Code does incorporate a significant amount of changes to your existing ordinances as
was discussed with the department heads and the city attorney. Please refer to Section 9 of the
adopting ordinance where these changes have been identified.
Please note that the new Code includes all ordinances provided to me through Ordinance No.
90-19 adopted on October 9, 1991. Because of the time delay on my part in being able to
complete the Code before now due to our excessive workload, I will agree to do your first
supplement to the Code for free. This first supplement shall include all of the ordinances
adopted since Ordinance No. 90-19 and the date the new Code is adopted(or December, 1991
whichever is first). If you will provide these ordinances to me I can begin preparing the Code
supplement now.
Additionally, if you would like to use the existing binders you have in stock for the Code, I
will be glad to provide you with a $10.00 credit for each binder used for a total of a $250
savings. Please let me know if you want me to use your binders or our own binders.
Should you have any questions concerning the Code please do not hesitate to contact me.
Also,please let me know when the new Code will be scheduled for adoption.
Sincerely,
GOVERNMENTAL SERVICE AGENCY, INC.
David K. Lewis
President
Attachment
Lyndon Plaza 10935 Estate Lane, Suite 475 Dallas, Texas 75238 (214) 553-7070 Fax (214) 553-7098
CITY OF WYLIE, TEXAS
ORDINANCE NO.
"ORDINANCE ADOPTING CODE OF ORDINANCES"
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES, ESTABLISHING THE SAME
AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS;
PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY
BE CITED; PROVIDING FOR CATCHLINES OF THE NEW CODE; PROVIDING
FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR THE
NEW CODE; PROVIDING FOR AMENDMENTS OR ADDITIONS TO THE NEW
CODE; PROVIDING FOR THE SUPPLEMENTATION OF THE NEW CODE;
ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE CODE
AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT MORE
THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT
VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY, ZONING,
AND PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF
REFUSE, IN WHICH CASE THE MAXIMUM PENALTY FOR VIOLATION
SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS OF TRAFFIC
LAWS AND ORDINANCES PROVIDED THAT NO PENALTY SHALL BE
GREATER OR LESS THAN THE PENALTY PROVIDED FOR UNDER STATE
LAW; PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE NEW CODE;
PROVIDING FOR THE ADOPTION OF NEW PROVISIONS AND
REGULATIONS INCORPORATED IN SAID CODE OF ORDINANCES
INCLUDING: THE FILING REQUIREMENTS FOR ELDERLY HOMESTEAD
TAX EXEMPTIONS WITH THE COLLIN COUNTY CHIEF APPRAISER;
PROVIDING FOR THE DUE DATE OF PROPERTY TAXES AND
STIPULATING PENALTIES AND INTEREST FOR DELINQUENT TAXES;
PROVIDING FOR AN ADDITIONAL FIFTEEN PERCENT (15%) PENALTY
FOR THE COLLECTION OF DELINQUENT TAXES; DEFINING THE TERM
"HOTEL" TO CORRESPOND TO THE STATE LAW DEFINITION;
PERMITTING THE CITY ATTORNEY TO BRING SUIT AGAINST HOTELS
AND MOTELS FOR NOT FILING TAX REPORTS OR PAYING HOTEL/MOTEL
TAXES AND ENJOINING THE HOTEL OR MOTEL FROM OPERATION;
AUTHORIZING THE PARKS AND RECREATION BOARD TO RECOMMEND
PARKING RESTRICTIONS IN CITY PARKS AND RECREATION OR
COMMUNITY FACILITIES; PROVIDING FOR THE COMPOSITION,
APPOINTMENT AND TERMS OF OFFICE FOR THE PARKS AND
RECREATION BOARD TO BE CONSISTENT WITH CITY CHARTER;
ESTABLISHING A SERVICE CHARGE FOR FALSE BURGLAR ALARMS
AFTER FIVE (5) ALARMS IN PRECEDING TWELVE (12) MONTHS HAS
OCCURRED; REQUIRING ANIMALS TO BE VACCINATED AGAINST
RABIES BY THE AGE OF FOUR (4) MONTHS AND ANNUALLY
THEREAFTER; PROVIDING FOR THE CREATION OF THE CONSTRUCTION
CODE BOARD AND THE NUMBER OF PERSONS SERVING OF THE BOARD;
PROVIDING FOR THE APPOINTMENT AND QUALIFICATIONS OF THE
CONSTRUCTION CODE BOARD; PROHIBITING DISORDERLY CONDUCT
AND INTOXICATED, GROSS-MANNERED OR VULGAR PERSONS OR
PERSONS OF INDECENT CHARACTER AT ANY PUBLIC DANCE OR
PUBLIC DANCE HALL; RESTRICTING THE SALE OF ALCOHOLIC
BEVERAGES IN DANCE HALLS UNLESS HOLDING PRIVATE CLUB
Page 1 of 8
f3
LICENSE; PROVIDING FOR AN APPEALS PROCEDURE WHENEVER DANCE
HALL LICENSE IS DENIED, REVOKED OR SUSPENDED; RESTRICTING
THE SALE OF ALCOHOLIC BEVERAGES IN POOL HALLS UNLESS
HOLDING PRIVATE CLUB LICENSE; PROVIDING FOR THE REVOCATION
OR SUSPENSION OF POOL HALL LICENSES IF PERMISSION TO INSPECT
SUCH ESTABLISHMENTS IS REFUSED AND PROVIDING RECOURSE TO
EVERY REMEDY PROVIDED BY LAW TO SECURE ENTRY; REQUIRING A
CLASS C TEXAS DRIVER'S LICENSE TO OPERATE TAXICAB; PROVIDING
FOR THE REVOCATION OR SUSPENSION OF JUNKYARD AND SALVAGE
YARD LICENSES IF PERMISSION TO INSPECT SUCH ESTABLISHMENTS
IS REFUSED AND PROVIDING RECOURSE TO EVERY REMEDY PROVIDED
BY LAW TO SECURE ENTRY; PROVIDING FOR EXCEPTIONS FOR THE
BURNING OF TRASH, GARBAGE, REFUSE, AND DEBRIS IF PERMIT HAS
BEEN GRANTED BY FIRE MARSHAL OR BY WRITTEN AUTHORITY OF
THE TEXAS AIR CONTROL BOARD; PROVIDING FOR THE
ESTABLISHMENT AND DUTIES OF THE BUREAU OF FIRE PREVENTION
AND PROVIDING THAT IT BE OPERATED UNDER THE SUPERVISION OF
THE FIRE CHIEF AND PROVIDING THE APPOINTMENT OF THE FIRE
MARSHAL BY THE FIRE CHIEF BE SUBJECT TO APPROVAL OF THE CITY
MANAGER; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE FIRE
CODE; PROVIDING THAT THE CITY COUNCIL BE THE SOLE AND
EXCLUSIVE JUDGE IN DETERMINING WHETHER PERSONS ARE
ENTITLED TO ARSON REWARDS; PROVIDING PENALTIES PERTAINING
TO FIREWORKS VIOLATIONS; RESTRICTING FIREWORKS WITHIN FIVE
THOUSAND FEET (5,000') OF CITY LIMITS; DEFINING "AIR
CONTAMINANT" TO COMPLY WITH THE STATE LAW DEFINITION;
MAKING IT UNLAWFUL TO LEAVE DEBRIS AND/OR DIRT ON CITY
STREETS UNLESS ADEQUATE WARNING SIGNS, LIGHTS, DEVICES,
BARRICADES AND CHANNELIZING DEVICES ARE ERECTED AND
MAINTAINED; PROVIDING FOR PROCEDURES AND NOTICE
REQUIREMENTS FOR REPLATS INVOLVING PROPERTY ZONED OR
DEVELOPED AS SINGLE FAMILY OR DUPLEX USES; REQUIRING
EMERGENCY VEHICLES TO USE AUDIBLE AND VISUAL SIGNALS AND
WARNINGS IN ACCORDANCE WITH THE POLICIES OF THE TEXAS
DEPARTMENT OF PUBLIC SAFETY AND SECTION 124 OF THE UNIFORM
ACT REGULATING TRAFFIC ON HIGHWAYS; REGULATING LOADS
PROJECTING BEYOND VEHICLES AND REQUIRING LIGHTS, FLAGS, AND
REFLECTORS; REGULATING THE PASSING OF VEHICLES PROCEEDING
IN THE SAME DIRECTION; ESTABLISHING STREET RENTAL CHARGES
FOR TAXICABS; ESTABLISHING SERVICE CHARGES ON FALSE
BURGLAR ALARMS TO COMPLY WITH STATE LAW; AND ESTABLISHING
CHARGES FOR THE STORAGE OF VEHICLES FOR EACH DAY OR
FRACTION THEREOF TO COMPLY WITH STATE LAW; ADOPTING A NEW
SCHEDULE OF FEES AND CHARGES OF THE CITY OF WYLIE; AND
ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND THE
NEW CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS:
SECTION 1
That the Code of Ordinances consisting of Chapters 1 through 12 and including Appendix
A and B, each inclusive, is hereby adopted and enacted as the Code of Ordinances of the
City of Wylie, Texas, and shall be treated and considered as a new and original
Page 2 of 8
comprehensive ordinance, which shall supersede all other general and permanent
ordinances passed by the City Council on or before October 9, 1990 to the extent provided
herein, except as hereinafter provided for.
SECTION 2
That all provisions of such Code shall be in full force and effect from and after the
day of , 1991, and all ordinances of a general and permanent nature
of the City of Wylie, Texas, enacted on or before and not included in this Code or
recognized and continued in force by reference herein, are hereby repealed from and after
the day of , 1991,except as hereinafter provided.
SECTION 3
That the repeal provided for in Section 2 above shall not affect any of the following:
(a) Any events or act committed or done, or any penalty or forfeiture incurred, or any
contract or right established or occurring before the effective date of this Code.
(b) Any ordinance promising or guaranteeing the payment of money for the City, or
authorizing the issuance of any bonds of the City or any evidence of the City's
indebtedness.
(c) Any contract or obligation assumed by the City.
(d) Any right or franchise granted by the City.
(e) Any ordinance dedicating, naming, establishing, locating, relocating, opening,
paving, widening,vacating, or affecting the right-of-way of any street or public way in
the City.
(f) Any ordinance relating to municipal street maintenance agreements with the State of
Texas.
(g) Any appropriation ordinance or ordinance providing for the levy of taxes or for
adoption of an annual budget.
(h) Any ordinance relating to local improvements and assessments therefor.
(i) Any ordinance annexing territory to the City or discontinuing territory as a part of
the City.
(j) Any ordinance dedicating or accepting any plat or subdivision in the City.
(k) Any ordinance pertaining to the calling of municipal elections and appointing of
election officers.
(1) Any ordinance adopting personnel policies,procedures,rules and regulations.
(m) Any ordinance establishing rates to be charged by privately or semi-publicly owned
utility companies.
Page 3 of 8
/6-
(n) Any ordinance amending zoning districts, approving planned development
districts, or pertaining to the issuance of specific use permits or the granting of
variances.
(o) Any ordinance enacted after October 9, 1990.
The repeal provided for in Section 2 shall not be construed to revive any ordinance or part
thereof that has been repealed by a subsequent ordinance which is repealed by this
ordinance.
SECTION 4
That whenever in such Code of Ordinances or in any ordinance of the City, an act is
prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or
wherever in such Code or ordinance the doing of an act is required or the failure to do any
act is declared to be unlawful and no specific penalty is provided therefor,the violation of
any such provision of such Code or any such ordinance shall be punished by a fine not
exceeding five hundred dollars($500.00),except for:
(a) violations of municipal ordinances that govern fire safety,zoning and public health
and sanitation including dumping of refuse, in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense, and for
(b) violations of traffic laws and ordinances which are punishable as a Class C
misdemeanor, in which case the maximum fine shall not exceed two hundred dollars
($200.00).
Provided, however,that no penalty shall be greater or less than the penalty provided for the
same or similar offense under the laws of the State of Texas. Each day any violation of
such Code of Ordinances or any ordinance shall continue shall constitute a separate offense
unless otherwise designated. Any violation of any provision of such Code of Ordinances
which constitutes an immediate danger to the health, safety and welfare of the public may
be enjoined in a suit brought by the City for such purposes.
SECTION 5
That any and all amendments and additions to such Code of Ordinances, when passed in
such form as to indicate the intention of the City Council to make the same a part of the
Code of Ordinances, shall be deemed to be incorporated in such Code of Ordinances so that
reference to the "Code of Ordinances of the City of Wylie,Texas," shall be understood and
intended to include such additions and amendments.
SECTION 6
That in case of the amendment of any section of such Code for which penalty is not
provided, the general penalty as provided in Section 4 of this ordinance shall apply to the
section as amended, or, in case such amendment contains provisions for which a penalty,
other than the aforementioned general penalty is provided in another section of the same
chapter,the penalty so provided in such other section shall be held to relate to the section so
amended,unless the penalty is specifically repealed therein.
Page 4 of 8
SECTION 7
That a copy of the Code of Ordinances shall be kept on file in the office of the City
Secretary in looseleaf form. It shall be the express duty of the City Secretary,or someone
authorized by the City Secretary, to insert in the designated places all amendments or
ordinances which indicate the intention of the City Council to make the same a part of such
Code of Ordinances when the same has been printed or reprinted in page form by the
codifier designated by the City Council and to extract from such Code all provisions which
may be from time to time repealed by the City Council. Such copy of such Code shall be
available for all persons desiring to examine the same at any time during regular business
hours.
SECTION 8
That it shall be an offense for any person to change or amend, by additions or deletions,
any part or portion of this Code of Ordinances, or to insert or delete pages or portions
thereof,or to alter or tamper with such Code in any manner whatsoever which will cause a
law of the City of Wylie to be misrepresented thereby. Any person violating this section
shall be punished as a misdemeanor.
SECTION 9
That the following provisions included and as printed in this Code of Ordinances are
hereby adopted by the City Council by reference for inclusion therein:
(1) § 1.00 of Chapter 1, pertaining to the designation of this Code of Ordinances,
providing for the use of catchlines in the Code,providing for definitions and general rules
of construction for the Code, providing for amendments or additions to the Code,
providing for supplementation of the Code,establishing a general penalty for violations of
the Code,and providing that parts of the Code are severable.
(2) § 2.01(b) of Chapter 1, requiring the filing for an elderly homestead exemption with
the chief appraiser of Collin County before May 1.
(3) § 2.03 of Chapter 1,providing for the due date of property taxes levied by the city and
stipulating penalties and interest for delinquent taxes.
(4) § 2.04 of Chapter 1, providing for a 15% additional penalty for the collection of
delinquent taxes to defray the cost of collection by a contracted attorney.
(5) § 4.02 of Chapter 1,providing a definition for hotel to correspond with same definition
as provided by state law.
(6) §4.06 of Chapter 1,providing that the city may bring suit to enjoin hotel or motel from
operation until tax report is filed or hotel/motel taxes are paid.
(7) § 6.02(a) of Chapter 1, authorizing that the Parks and Recreation Board recommend
parking restrictions and hours in city parks,and recreation or community center facilities.
(8) § 7.02 of Chapter 1, providing for the composition, appointment, and terms of office
of the Parks and Recreation Board to be consistent with the city charter.
Page 5 of 8
(9) § 14.05 of Chapter 1, providing for a service charge after five false burglar alarms in
the twelve month period preceding any false burglar alarm.
(10) § 8.00 of Chapter 2, providing that animals required to be vaccinated shall be
vaccinated against rabies by the time the animal is four months of age and annually
thereafter.
(11) § 10.00 of Chapter 2, providing for the quarantining of animals exposed to rabies.
(12) § 16.01 of Chapter 3, providing for the creation of the Construction Code Board and
the number of persons serving on such board.
(13) § 16.02 of Chapter 3, providing for the appointment and qualifications of the
Construction Code Board.
(14) § 5.05 of Chapter 4, prohibiting disorderly conduct in a public dance hall and
prohibiting any intoxicated, gross-mannered or vulgar persons or persons of indecent
character in dance halls and prohibiting indecent dances.
(15) § 5.06 of Chapter 4, restricting the sale of alcoholic beverages in dance halls unless
licensed as a private club.
(16) § 5.07(g) of Chapter 4, providing for an appeals procedure whenever any dance hall
license is denied,revoked, or suspended.
(17) § 6.03 of Chapter 4, restricting the sale of alcoholic beverages in pool halls unless
licensed as a private club.
(18) § 6.04(j) of Chapter 4, providing for the revocation or suspension of pool hall
licenses if permission to inspect pool halls is refused and providing recourse to every
remedy provided by law to secure entry.
(19) § 8.06(c) of Chapter 4,requiring a Class C Texas driver's license to drive a taxicab.
(20) § 11.04(b) of Chapter 4, providing for revocation or suspension of junkyard and
salvage yard licenses if permission to inspect such establishments is refused and providing
recourse to every remedy provided by law to secure entry.
(21) § 1.00(b-d) of Chapter 5, providing for exceptions to burning trash, garbage, refuse
or other debris if permit has been granted by Fire Marshal and pursuant to written authority
from the Texas Air Control Board and providing that such authorization for burning does
not relieve liability.
(22) § 2.02(b) of Chapter 5, providing for the establishment and duties of the Bureau of
Fire Prevention to be operated under the supervision of the Fire Chief and providing that
the Fire Marshal shall be appointed by the Fire Chief subject to approval of the City
Manager.
(23) § 2.09 of Chapter 5,providing for penalties for violations of the fire code.
(24) § 3.00 of Chapter 5, providing that the City Council be the sole and exclusive judge
in determining whether persons are entitled to arson rewards.
(25) § 4.05 of Chapter 5,providing for penalties for violations pertaining to fireworks.
Page 6 of 8
/ 4
(26) §4.06 of Chapter 5,restricting fireworks within five thousand feet of the city limits.
(27) § 1.01 of Chapter 6,providing for the definition of air contaminant as defined by state
law.
(28) § 3.01 of Chapter 7, providing that it is unlawful to leave debris and/or dirt on city
streets unless warning signs, lighting devices, barricades and channelizing devices are
erected and maintained.
(29) § 4.05 of Chapter 9, providing for procedures and notice requirements for replatting
property zoned or developed as single family or duplex uses.
(30) § 5.04(b-c) of Chapter 10,providing that emergency vehicles use audible and visual
signals and warnings in accordance with the policies of the Texas Department of Public
Safety and Section 124 of the Uniform Act Regulating Traffic on Highways.
(31) § 12.00 of Chapter 10 regulating loads projecting beyond any vehicle and specifying
lights, flags, and reflectors.
(32) § 16.02(a) of Chapter 10 regulating the passing of vehicles proceeding in the same
direction.
(33) § 14.00 of Appendix A establishing a street rental charge for the operation of
taxicabs.
(34) § 17.02 of Appendix A establishing the service charge on false burglar alarms.
(35) § 30.02(f) of Appendix A establishing charges for the storage of vehicles per day or
fraction thereof.
(36) Appendix A establishing a new schedule of fees and charges for the city.
SECTION 10
That whenever in such Code provisions, adopted in Section 9 of this ordinance, an act is
prohibited or is made or declared to be unlawful or an offense or an misdemeanor, or
wherever in such Code provisions the doing of an act is required or the failure to do any act
is declared to be unlawful and no specific penalty is provided therefor, the violation of any
such provision shall be punished by a fine not exceeding five hundred dollars ($500.00),
except for violations of municipal ordinances that govern fire safety, zoning and public
health and sanitation including dumping of refuse,in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense and for violations of traffic laws and
ordinances, in which the maximum fine shall be two hundred dollars ($200.00). Provided,
however, that no penalty shall be greater or less than the penalty provided for the same or
similar offense under the laws of the State of Texas. Each day any violation of such Code
provisions shall continue shall constitute a separate offense unless otherwise designated.
Any violation of any provision which constitutes an immediate danger to the health, safety
and welfare of the public may be enjoined in a suit brought by the City for such purposes.
SECTION 11
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of the Code of Ordinances hereby adopted are
severable and, if any phrase, clause, sentence, paragraph, or section shall be declared
Page 7 of 8
unconstitutional by the valid judgment of any court of competent jurisdiction, such
unconstitutionality shall not effect any of the remaining phrases, clauses, sentences,
paragraphs, or sections, since the same would have been enacted by the City Council
without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 12:
That said Code of Ordinances shall be admitted in evidence without further proof and the
City Secretary shall record said Code as adopted in the ordinance records of the City, and
thereafter such record shall serve as a record of the ordinances so codified and it shall not
be necessary in establishing the context of any particular ordinance so codified to go
beyond said record.
SECTION 13:
That all ordinances or parts of ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
SECTION 14:
That this ordinance shall take effect immediately from and after its passage and publication,
as the law in such cases provides.
DULY ADOPTED by the City Council of the City of Wylie,Texas, on the day of
, 1991.
APPROVED:
Mayor,City of Wylie
ATTEST:
City Secretary,City of Wylie
APPROVED AT TO FORM:
City Attorney,City of Wylie
Page 8 of 8
MEMORANDRUM
TO: Carolyn Jones, Accting City Manager
FROM: Brady Snellgrove, Finance Director
RE: Litigation Report - Delinquent and
Bankruptcy Cases
DATE: November 1991
This is a monthly breakdown of the active delinquent tax
suits for collection which are being handled by our tax
collection law firm: Nichols , Jackson, Kirk & Dillard. The
dollar amounts exclude penalty, interest and legal
collection cost assessments .
TYPE OF ACCOUNTS ACCOUNTS CASES BASE AMOUNT
Judgement Cases:
Mobile Homes 64 62 $ 13, 383. 98
Personal Property 10 10 $ 11 , 043. 53
Real Property 21 $ 52 .010 . 58
167 101 $ 76 , 438. 09
Bankruptcy Cases :
Mobile Homes 8 7 $ 1 , 206 . 40
Personal Property 6 4 $ 5, 716. 90
Real Property 24 $ 19, 836. 55
48 31 $ 26, 759 . 85
GRAND TOTALS 215 132 $103 , 197 . 94
*List of accounts are available upon request.
MEMORANDUM
DATE : December 5 , 1991 AP,_
TO : City Council
FROM: Steve Deiter , City Attorney
RE: Personnel Regulation Revisions
I have forwarded herewith for your review and consideration
a "marked up" copy of the proposed changes .
I have attempted to identify any new paragraphs ,
subsections , or sections by writing the word new beside
them. Any of the material which has a line drawn through it
is that which was in the existing policy but will be deleted
under the proposed changes . Any of the text which is
unmarked and which does not have the label "new" beside is
part of the old text which will remain unchanged by the
proposed revisions .
By way of review of the history of these changes I would
advise the Council that the changes come from two separate
sources . One source was the revision of the personnel
regulations concerning vacation time and sick leave by
combining vacation time and sick leave into one and
calling it "personal leave" . Most of these changes are in
Section 5 of the proposed regulations . For further review
of the personal leave revisions I would direct your
attention to the Memo to Bill Dashner from Barbara LeCocq
dated September 4 , 1991 .
The balance of the revisions come from my review of the
regulations . The changes which I am suggesting as a result
of this review are generally to remove the "just cause"
provisions from the personnel regulations . The use of the
term just cause implies that the employee is no longer an
employee at will and could potentially cause the City to
incur liability if an employee was terminated without being
given proper pre-termination and post-termination due
process rights .
I have also changed all of the gender sensitive pronouns in
the regulations to be gender neutral .
Lastly I added a Sexual Harassment policy to the
regulations . It is generally advisable to have the
regulations contain such a policy to attempt to avoid
liability in the event that a victim of sexual harassment
c;
would sue the perpetrator and the City because of the City's
apparent acquiescence in the activity .
For further information and comment on the portion of the
regulations which I have changed I would refer you to my
memorandum sent to Carolyn Jones dated October 4 , 1991 .
Both Barbara and myself will be present at the Council
meeting to discuss and explain these changes and discuss any
questions which the Council might have .
For the administrative standpoint of the Personnel
Department it would be very beneficial to have the new
regulations passed to take effect on January 1 , 1992 . If
the Council approves some or all of the changes I would have
the document retyped and ordinance passed ordaining the
personnel regulations , as amended .
cc : Barbara LeCocq , Personnel
Carolyn Jones , Acting City Manager
SLt:11UN i
General Policy Statements
Section 1-1 : Employment At Will
All employment by the City of Wylie is in the form of an at
will employment meaning that it can be terminated by either
employer or employee at any time for any or no reason ;
nothing in these regulations shall be held to alter the at
will nature of such employment .
Section 1-2 : Non Contractual Relationship
The regulations herein provided are merely general
1 guidelines which the City may unilaterally rescind or modify
0 at any time without notice . The regulations are not
intended to be nor shall they be held to be a contractual
obligation .
Section 1 . 3 : Written Statements to Control
\,...21
The statements and provisions of this manual shall control
over any contradictory statements , written or otherwise ,
made by any supervisors of the City ; any agreements or
assurances concerning the terms , conditions or duration of
any individual' s employment is not binding unless the same
is in writing and signed by some designated official of the
City .
SECTION.kf a.
PERSONNEL
SECTION 1-1: Director of Personnel
The Director of Personnel shall be appointed by the City
Manager and shall be charged with the responsibility for
implementation and operation of these regulations. He/She
shall make timely and informative reports to the City
Manager on the overall status of personnel and the
occurrences within his/her department' s area of
responsibility. He/she shall be responsible to the City
Manager for making recommendations of policy necessary to
keep the personnel regulations of the city in conformity to
current federal regulations and state statutes. He/she
shall be required annually to submit to the City Manager an
overall statement of salary structure to include
compensation and benefits and the changes which may be
appropriate in either . This report shall be delivered in
the preliminary stages of the annual budget preparation so
that these recommendations may be considered in time to be
incorporated in the annual budget.
SECTION 1-2: Department Heads
For the purpose of these personnel regulations, those
employees who meet the criteria of department heads are as
follows :
Chief of Police
City Engineer
City Secretary
Code Enforcement Officer
Finance Director
Fire Chief
Library Director
Park Director
Personnel Director
Public Works Director
Public Works Superintendent
.rci 1UN L
EMPLOYEE SELECTION
SECTION 2-1 : Non-discrimination
Employees will be selected solely on the basis of their
relevant qualifications for the specific position for which
they are being considered. Selections will be made without
regard to the applicant' s political or religious opinions or
affiliations or race, color, national origin, marital
status, or other non-merit factors . Age, sex and physical
disability will not be considered in selections except where
specific age , sex or physical requirements constitute a bona
fide occupational qualification necessary for proper and
efficient administration.
SECTION 2-2 : Advertisement of Vacancies
Job opportunity announcements will be advertised in any
newspaper with local circulation for at least two issues,
one of which will be weekend when possible.
SECTION 2-3 : Filing of Applications
A. Persons seeking employment with the City of Wylie
will be required to complete, sign and file, with
the Personnel Office, an application for
employment which is available at the Personnel
Office. Current employees who are seeking
transfer or promotion to a posted position will
also be required to fill out the same application.
Applications will be accepted only if a vacancy
has occurred and has been advertised .
B . After the announced deadline for the acceptance of
applications, all applications received for a
position will be reviewed by the Personnel
Director . All applications will be submitted to
the respective department head for reviewing
and/or interviewing so that he may make the final
selection.
SECTION 2-5: Grounds for Rejection of Application
A. Applicant lacks the minimum requirements listed in
the job description;
B. Applicant is physically or mentally incapable of
performing the specific duty requirements of the
job;
C. Applicant has made false or misleading statements
or attempted to deceive or falsify information
contained in his application;
D. Applicant is addicted to the use of narcotics or
alcoholic beverages;
E. Nepotism - Applicant has a relative currently
employed by the city in the same department or in
a position which will require frequent interaction
4
between the new employee and the relative or in a
position which could influence the new employee' s
pay , performance evaluation , separation , promotion
or tenure. For the purpose of this section, a
relative shall be defined as someone related
within the second degree by blood or the second
degree by marriage to the applicant . In addition,
applicants may be subject to prohibitions of Art .
5996a , Vernon ' s Texas Civil Statutes .
F. Volunteer fire personnel shall be exempt from the
nepotism provision .
G. Investigation of applicant ' s police record
indicates a history of past conviction of a crime
that directly relates to the area of employment,
i .e. DWI to driving city vehicles , or theft to
handling city money; or a felony or crime
involving moral turpitude .
H . All applicants must sign a release form granting
permission for the City to receive past history
from the Texas Industrial Accident Board.
SECTION 2-6 : Interviews
Interviews will be structured and conducted in such a manner
as to appraise each applicant ' s personal fitness for the
position, ability to get along with people, and other
personal and temperamental qualifications . Any testing
relative to the position will be given at the time of
interview or proper notice will be given to applicant of
date, time, and location of testing .
SECTION 2-7 : Rating and Evaluation
Rating and evaluation of education, training and experience
will be based upon information in the application form and
such other data as may be secured through the interview or
from other sources which may be subject to investigation as
to truth and completeness.
SECTION 2-8 : Selection Review
As a result of these selection techniques the appropriate
department head shall make the preliminary selection of the
most qualified applicant. After that selection, and prior
to hiring, the department head and applicant will meet with
the City Manager .
SECTION 2-9 : Medical Examination
Before beginning work and after preliminary selection, each
prospective permanent employee who has been chosen for
employment will be required to undergo a medical examination
and drug screening test by a physician designated by the
city. No one who is given a medical examination will be
employed unless the examining physician certifies that.theatplkaht
• meets the minimum standards of physical fitness required for
the position and the drug screen test is negative . The cost
of the physical will be borne by the city.
G
PROBATIONARY PERIOD
SECTION 3= • Probationary Period
Every person appoi gd to a permanent position he
service of the City of lie will be required complete
successfully a probationary riod of six ths. A ninety
day probationary period may be rated to a returning
employee who has been previo em eqy d by the City of
Wylie and who resigned _in-'good standing .. fin evaluation of
the employee is erfory at the end of eac obationary
period regar1est of whether it is the initial pe ' d or a
subsequent-Period . This evaluation requirement also app p
to those eligible for rehire.
f i e�a�i1N�
PERIOD
SECTION 3 - 1 : O ` k4
Pimbarionary Period
Every person
with the exception of sworn ersonnel and
firefighters appointed to a t pos tion in the
service of the City of Wylie will be required to complete a
I.Jaav curb ry period of ninety ( 90) days . At the end of the
ninety ( 90) day period , aW mandatory evaluation will be made .
At the discretion of the department head o,r supervisor , up
to ninety ( 90) days may be added to the `� ~ %'
f o r a total �a�a�#.e.n �a�e -e -a•r`T' P e r i o d
F m ary period not to exceed one hundred
eighty ( 180) days . ° �.M
An evaluat n'� a
of the employee w�//lrn�WO4'
of
each }ix°o `� �'� periodregardless of whether it at theisendthe
initial period or a subsequent period . This evaluation
requirement also applies to those for rehire .
SWORN PERSONNEL: Sworn personnel ( ??Q�-�l`�i� ce officers , etc . )
will be required to complete a p ��
nary period of one
hundred eighty ( 180) days . Such period to begin
after receiving certification .
FIREFIGHTERS: Firefighters will be required to complete a
-r-e-ba-tt rar-y period of one hundred eighty ( 180) days . Such
kki,ev ,r-a-b f-y period to begin after the successful completion
of the training school .
SECTION 3-2 : Purpose
Each department will use the bat-i-ene►r y period to closely
observe and evaluate the work of the new employee, to
estimate future potential and to encourage -*is effective
adjustment to the job and the service of the city.
Department heads will retain only those employees who meet
an acceptable s n tadard of work during the -@--oba-t-ienar-yo:,en}ukcA
period. The--p�-e1tat4enary period may be extended by the
department head for a period of thre (3) months with full
benefits during the extension of -p3eb§4 ieharg-y period, if the
department head determines that additional time is required
to properly observe and evaluate the employee.
SECTION 3-3 : Termination of Employment
A new employee may be dismissed at any time during the
1r.,e, -Probat-i-enary period when, in the judgment of the department
head , the quality of the employee's work does not merit
continuations of service and the department head has the
approval of the City Manager ; el 44\e.
She -e'-p ba- ena-r-y employee be found to be in violation
6
of any of the aforementioned grounds for rejection (see
section 2-5 ) the department head , with the City Manager ' s
approval , may terminate the employee? of fo- cfr t•ed,con1-
AN lt/ri ocieh*z 4-0.
-} employee terminated/for mny reason is not
entitled to any review, redress , grievance procedure, or
accruals of vacation time. r�or Shad k 1v�„e A `'copeth�
e.. p lory t ,�o rh t�,e C�1 a a
SECTION 3-4 : City Equipment
When any employee must use any City issued equipment,
tools , uniforms, or other supplies , the5 must first sign the
appropriate form denoting his possession of the equipment .
A signature will also be required when any equipment, tools,
uniforms, or other supplies are transferred from one
department to another department .
SECT ten) 3 S •
;-Employment At Will : Nothing in
Q. ;t this section shall be taken or interpreted to alter the at
t�+ W Will status of all city employees regardless of whether they
have successfully completed an orientation period or not .'
SECTION 4
WAGE AND SALARY ADMINISTRATION
SECTION 4-1 : Classification and Compensation Plan
A. The plan of classification and compensation of
positions will be considered an integral portion
of these personnel regulations. A classification
and compensation plan will be prepared by the
office of the City Manager . This plan will be
reviewed annually.
B. The classification and compensation plan consists
of grouping of positions in the city according to
type of work, difficulty, responsibility and
pertinent wage schedules . The wage schedules
consist of listings of all jobs covered by the
classification plan together with corresponding
rates of pay in effect .
SECTION 4-2 : Continuous Study of Salary Rates
Prior to the preparation of each annual budget, the office
of the City Manager will review and analyze the prevailing rates of pay for similar public and private employment in
the area and at large, cost of living factors, budget
effects of alternative applications of the pay plan and such
other factors as may be of assistance in recommending
changes in the plan. On the basis of this information, 4hecl, V e u ty
shall recommend blanket changes in the compensation plan or
changes in salary ranges for individual positions as is
6
necessary to keep the compensation plan current, uniform,
equitable and competitive with other employers of the same
class personnel . ' Recommended changes in the compensation
plan shall become effective upon City Council approval.
SECTION 4-3 : Pay Increases
The compensation plan is designed to provide for pay
increases to employees, to reward ability and efficiency and
to compensate increased value to the city.
A. Increases will be granted by the City Manager only
upon recommendation of supervisors or department
heads , who will give full and careful
consideration to the ability, attendance,
attitude, efficiency and production records of
their employees before making recommendations1
atoktk
oH•tr QpuckWt 61. Wt„kLV. vv.wt ht c e0.4„,oc-1
at pry 1/4..zr * Q SVp i or.c cittafE"M` 1‘. 5 .
Increases may be advanced or withheld in cases of
superior or inferior performance.
B. •creases are calculated on a percentage • i
wit the limits of the pay range and a based
on the otal score of the performance - , aluation.
A perform. - e evaluation will • given upon
completion of 4 days - • - of service,
during which time e emplo is not eligible for
a pay increase. A - -c• • • performance evaluation
will be given upon ,`sful completion of 180
days (six months) period. Performance
evaluations be given - reafter a.0 the
individual ' - anniversary date. Inc : . ses are made
on a 1 - it basis only and no increas- need be
awa • ed upon successful completion the
pf obationary period.
B . Increases are calculated on a percentage basis
within the limits of the pay range and are based
on the total score of the performance evaluation .
A performance evaluation wit o,be given upon
Neu) completion of the `' period .
Thereafter , performance evaluations will be given
on°r~4 ndividual's anniversary date . Increases
are made on a merit basis only . Increases upon
• successful completion of the of period ,
are not automatic .
C. Increases shall take effect at the beginning of
the next pay period after being approved by the
City Manager.
D. The City shall from time to time recognize those
employees who are working toward improvement of
their job skills .
SECTION 4-4 : Reduction in Pa
co M wt t ages
A depart en - hed may reduce the pay of an employee at any
time for - GN A written statement of the reasons for
the reduction ' shall be furnished to the employee and a copy
shall be made a part of -h-i- `'personnel records. The written
- statement shall set a date, time, and place for a hearing to
be conducted by the department head at which time the
employee may appear to respond to, or defend against such
•
stated reasons for the reduction. Reduction in pay shall
stay within the pay range for each group unless exceptional
circumstances justify otherwise. No reduction shall deprive
an employee of consideration for pay increases at a later
date. The employee may appeal the decision of the '
department head to the City Manager within five (5) working
days after the decision of the department head is furnished
to the employee in writing .
SECTION 4-5: Overtime Pay
A. A . employee, who is required by his supervisor
war in excess of eighty (80) hours in a
perio• , hall receive compensation for a ours
actually ^ ' rked in excess of eighty • one work
period, at • rate of one and one- • • 1f (1-1/2 )
times the regu - r hourly rate - - which he is
employed , except • r employes ho are subject to
an eighty four (8 • hou work period. Any
personnel who is requir by his supervisor to
work in excess of eig - fo . (84) hours in a work
period, shall rec- ' • e compens• ion for all hours
actually worked in excess of e ' ahty four in one
work period a rate of one and on -half (1-1/2)
times the egular hourly rate at wh ' h he is
employ-. . A work period is two weeks days)
fro , 2 :01 A.M. Monday through 12 :00 Midni . of I
- - second Sunday thereafter.
I
A . An employee who is required , by the supervisor to
work in excess of forty (40) hours in a work
period , shall receive compensation for all hours
/ actually worked at a rate of one and one-half ( 1- O d
0401(:c 1/2) times the employee's regular hourly rate .
Dispatchers ( 12 hour shifts) and firefighters ( 24
hour shifts) are exempt from this provision. The
' �; .i pay period is for two weeks ( 14) days from 12: 01 am
.4 Monday through 12 : 00 Midnight of the second Sunda
/
f a thereafter .
B. No payment will be made for overtime that has not
been certified by the appropriate department head.
C. employee who is required by his supervisor
wear pager in excess of forty (40) ho n a
work wee or call-out duty, will be pensated
for a minimu f eight (8) hou regular pay
whether he is ac ly call o work or not. If
any hourly employee, on direction of his
supervisor , is c d t work he shall be
compensated fo ours worked a rate of one and
one half ' es his regular hourly e. This
subse n applies to all department except
ce department and fire department .
C . CALL-OUT .PAY: If any employee is ' called back to
work after leaving for the day, that employee will N a W receive a minimum of two ( 2) hours of overtime ( 1- 'v
1/2 times the regular rate ) for each instance in
which the employee has to return to the job site .
D. ds will not be c or
overtime nor wil compensatory
D. Exempt (salaried) employees will not be
compensated for overtime . No compensatory time to fle0
will be given to exempt employees .
SECTION 4-6: Method of Payment
City employees will be paid on a bi-weekly basis. Paydays
will be every other Wednesday. Attendance records and other
payroll information shall be forwarded to the Payroll Clerk
not later than 12:00 noon on the Monday following the weeks
50
9
reported . All payment shall be made by the City of Wylie by
bonded check.
SECTION 4-7 : Termination Pay
A. A self-terminating employee shall be required to
wait for t74111A final paycheck until the next
regularly scheduled payday. A terminated ( fired )
employee may pick up 'his check on the fourth
regular work day following termination.
B . A self-terminating employee shall receive payment
for all earned but uused accumulated vacation
time , provided 4-hee0a4= submitted a notice of no
less than two weeks . Under no circumstances shall
an employee be paid for earned but unused sick
leave .
C. When an employment relationship is terminated , an
employee must be fully compensated for all unused
comp time accumulated . The rate of compensation
for each comp time hour in this situation must be
the greater of : (1 ) the average regular rate for
the last three years of employment; or (2) the
regular rate earned at the time of termination.
D. An employee who leaves the service of the city
(regardless of reason) must obtain f-hliirt f inal
paycheck from the personnel office. At that time,
tfiej will have to account for any and all city
property assigned to-th' 1n, clear all accounts under
44.61( 4s control and complete an exit interview.
Failure to complete this exit procedure will
result in non-payment of the last paycheck and
non-completion of the paperwork necessary to
return to the employee +41-4 ' accumulated monies in
the Texas Municipal Retirement System. 1
O r,nn t c.ain
E . When an employee's service with the city in
terminated in good standing , following the
// successful completion of the unary period ,
the employee will receive compensation for all
unused personal leave accrued . (See Section 5-4I)
When the termination is by voluntary resignation
of the employee , the employee shall give the City
written notice two weeks' prior to date of
1vpiJ separation . Acceptance of a shorter period of
advance notice must be approved by the City
Manager .
Leaving the employment of the City voluntarily
without the above described written notice will
make that individual ineligible for rehire by the
City . Exceptions will be handled on an individual
basis and reviewed by the City Manager for
approval .
9
SECTION 4-8 : Seasonal and Temporary Employees
A. Temporary employees will be paid at an hourly rate
determined by the department head and the office
of the City Manager . They are not eligible for
standard full-time employee benefits provided by
the city. Seasonal employees who are employed
only during certain months of the year will be
considered temporary employees.
B. Any employee changed from temporary to permanent
status shall be given full benefits effective on
the date he became a permanent employee. The
effective date of this change is considered to be
the employee ' s anniversary date.
SECTION 4-9: Garnishing of Wages
It shall be the policy of this city that no deduction from,
or garnishment of wages shall be allowed with the exception
of (1 ) levy of pay by the federal government for the purpose
of repaying tax debts to the Internal Revenue Service or (2 )
court orders, such as child support payments . These
exceptions will not be allowed without proper certification.
SECTION 5
ATTENDANCE/LEAVE/BENEFITS
SECTION 5-1 : Hours of Work
The hours during which city offices and departments are open
for business will be determined by the City Manager . Being
late to a specified duty station may be grounds for
dismissal (see section 6-7) .
SECTION 5-2 : Attendance
Employees will be required to be at their places of work in
accordance with the hours established by the City Manager
and department regulations . All departments will maintain
attendance records of employees . Poor work attendance,
without excuse, may be grounds for dismissal , or employee
may be subject to a watch program for one year . (See
section 6-6) .
SECTION 5-3 : Holidays
A• Th lowing holidays a a official
holidays for , ees . If the holiday falls
on Satur , it. will be on the preceding
ay. If the holiday falls on Sun ay, '
3 o1
h\ " days include :
1 . `NYear ' s Day Janua
2 . Mem ial Day La Monday in May
3 . Independence Day ,"1st. ulyMonday in Sept.
4 . Labor Da •
5 . Thanksgivi • Day 4th Thursday in Nov .
6 . Friday follow_ _., Thanksgiving
7 . Christmas December 24
8 . Christm. - gay December 25
9 . 1 Pe. ::• nal holidays to - taken after the
c . pletion of one year conti . •us service and
only with prior approval of depar •• -nt head .
A . The following holidays are declared official
holidays for City employees . If the holiday falls
falls
on Saturday , it will be observed on the preceding
l
Friday . If the holiday falls on Sunday , it wild
be observed on the following Monday •
holidays include :
1 . New Year ' s Day January 1Last Monday in May
�� 2 . Memorial Day ly 4
Ju
3 . Independence Day Jusl Monday in Sept
4 . Labor Day 4th Thurs . in Nov .
5 . Thanksgiving Day ivin
6 . Friday following Thanksgiving
December 24
7 . Christmas Eve December 25
8 . Christmas Day be observed on
(The Christmas Eve Holiday may
ahsdo
n the
falls . )
day of of thehe aftereek on which Christmas
be
B . Te nd or seasonal e
e a °
employees , or employeesSfAii
13 . /'Temporary and/or seasonal emploesrem l oyees 1
^� / who have not completed their probationary
will not be eligible for paid holidays .
�. N e�l c k
empldyee who is absent without authimmediately
C. e on the
or vac leave
preceding or f 1 holiday will lose pay for
the y as well as pAY
An employee who is absent without immthoaield
C . working
Personal Leave on the aY
y
l or following a holiday will lose pay forQW preceding pay
holiday as well as p Y for that day .
ee who is req�a
o work on a ay
D. An em an alto a day f or wil be pa
wil be 9 r tare for the�tim irked .
2 times his e on a
is scheduled
o work
o
D . Any employee ,willbew paid at the regular rate for the
holiday will p (double pay for the
hours worked plus thr Holiday
Those employees whose scheduled
hol worked ) . Holiday will be paid for the
"daayy o off" falls on a will affect primarily
Holiday . This provision t from
.1,� Firefighters are exemp
/� Police Personnel .
this provision .
4 additional days
Holidays . These
Ff per on is leaverinei lieu ve °of ur ( in accordance
of personal
additional days off to be scheduled
with departmental policy . t
. s service, ex
11 employees in the c c ill
E. rt- ime employees ,
t ` orary , seasonal and 1 vacs on day (8 h urs) ,
nted one additi urs shi who
ex welve (12) tion ay s , 10
excep mployees o
will be ranted e additional va ick
hours , if he loyee has not used y
eick leave
or injury 1 e benefits in a one yea
• 11 have the`opt4on
a. ibn�for
F. e s .:
sick time w - c7.3
A. All employees in the city ' s service, exc- • t
temporary , seasonal and part-time employees ; 11
. - allowed vacation leave with pay after / the
co ' letion of one year of employment , at t rate
of - ' ghty (80) hours per year , except employees
who , rk twelve hour shifts , which will ►e at the i
rate o eighty four.. (84 ) hours per year .
B. Employees who have completed_ , five ( years of
!\
continuous .ervice with the city w ' 1 be granted
one hundred twenty (120) hours of paid vacation
per year , ex -pt departments rn w lve 12) h hour
shifts which w ' ll be at e one '
twenty six (12 ) hours per y - ar .
C. Employees who ha e compl - ed twelve (12) years of
continuous service with he city will be granted
one hundred sixty (1 . 0) ours of paid vacation per
year , except depart • nts on twelve (12) hour
shifts which will b: . t the rate of one hundred
sixty eight (168) he rs ,er year .
D. Employees who h. a complet -d twenty (20) years of
continuous serv ' e with the city will be granted
two hundred 00) hours of paid vacation per
year , except departments on twelve (12) hour
110 rf
� shifts which will be at the r . te of two hundred
Q Y �� ten (210) ours per year .
A 1 0 E. Absence ' ue to sickness , injury or • isability in
t� excess • f that hereinafter authorize, for such
e`e , purpos - may , at the request of employee . nd at the
Al � ,1 disc - tion of the department head, b- charged
1" aga nst vacation leave .
.i1( ii,, E. . ch department or division head will sch -dule
1 ndividual vacation leaves at the request of he
1
1 employee insofar as is possible, taking i o
i consideration the employee' s seniority and th.
operating requirements of the department .
G . During the vacation herein provided for, suchhe
-mployee will be entitled to full pay
p_ iod at his regular rate of compensation.
H . In t - event that one or more paid legal hol ' •ays,
as set forth in section 5-3 falls duri g the
vacation •eriod herein provided, then a • in that
event , the vacation period will be e tended one
work day for each holiday.
I . Vacation time - - rned during one . nniversary year
must be taken du ' ng the foil . ing year . Under
special circiimstanc: s, permi - ion may be granted
by the City Manager to ca y over vacation time
from one year to the Wowing year , but such
carry ovef vacation ma iot be in excess of forty
(40) hours .
J . When an employe - s service with the city is
terminated in god standing fol •wing a minimum of
one year ' s e - oyment , the emplo -e shall receive
componsatio for unused vacation 1 - - ve accrued at
- a rate based on years of service a • work week
standard : . When such termination is b voluntary
resign - ion of the employee, the empioy:e shall
1 give he city at least two weeks written n• ice.
1
3 V
12
in the opinion of the de empio tendance on th p�rtme �-�" an
•
beneficial to c s necessary or
approval ity Manage the employee may, upon
eu of vacation leave time.
ve compensation
r----77iECTION 5 - 4 : PERSONAL LEAVE
i'
A . The purpose of this policy is to establish a
program of personal leave which replaces previous
policies which included vacation, sick leave and
personal holiday . Other types of leave such as
Holidays and Military Leave are not affected by
this policy . All departments are participants in
this policy and shall be governed by its
provisions .
1
B. Personal Leave shall be accrued by employees on a
pay period basis . See Schedule "A" for rates of
accrual for regular full time employees , Schedule
"B" for Dispatch personnel and Schedule "C" for
Fire Personnel .
SCHEDULE "A"
Maximum Hours
Years of Tenure Accrued Rate Per Pay Carried to next
with City Period (hours/days) Fiscal Year
HOURS DAYSi,J;,4, HOURS DAYS
0 - 4th year 6 . 77 22 (41 240 30
5th - 9th year
8 . 31 27 F 320 , 40
1 10th - 14th year 8 . 92 29 400 50
Neal 15th and over 9 .85 32 480 60
SCHEDULE "B" (Dispatch )
HOURS SHIFTS HOURS SHIFTS
0 - 4th year 7 . 11 15 240 20
5th - 9th year 8 . 73 19 324 27
10th - 14th year 9 . 37 20 420 35
1
1 15th and over 9 .85 10 .25 480 40
1
SCHEDULE "C" - (Fire Personnel)
0 - 4th year 10 . 15 11 360 15
5th - 9th year 12 .46 13 . 5 480 20
10th - 14th year 13 . 385 14 . 5 600 25
15th and over 14 . 77 16 720 30
C . Upon implementation of this policy , all previously
accrued vacation leave will be converted on a one
to one basis . All accrued sick leave will be
retained as sick leave and may be used whenever
the employee is ill or has been injured off the
job . .'.5s
D . Upon LetIIIi. IlAl1.L)II OI. I ( l !. L1'Illt'III , dO uWIrr „yi•U wr r L
be paid for all accrued Personal Leave at the
employee ' s rate of pay at time of termination or
retirement .
E . Personal Leave will begin to accrue at the end of
the first full pay period of employment .
F . New employees will not be allowed to use any
accrued Personal Leave except in cases of illness ,
until the successful completion of the ..-p•r-o-ba-
G . Personal Leave is an earned benefit and shall be
viewed as such . It is made available to eligible
employees in order to provide vacation leave ,
leave for illness , personal business leave and
family l.e .ve away from '•'ork without loss of
compensation .
li . The City recognizes the importance of employees
having time away from work ; therefore , employees
will be required to use at least ten ( 10) days of
Personal Leave during the Fiscal Year . Failure to
use the minimum required leave will result in the
difference between the amount used and the minimum
required usage being deducted from accumulated
Personal Leave on October 1 , of the following
year . All such deductions will be made prior to
determining the required leave usage for the
following year . Exceptions will be made only
after reviewing individual situations and must
have the approval of the City Manager .
The maximum amount of Personal Leave which can be
used by an employee in any Fiscal Year shall be
limited to no more than one hundred twenty ( 120)
0e0) hours or fifteen ( 15 ) consecutive working days for
vacation purposes unless a written request is
submitted to the City Manager for advance
approval . This limitation does not apply to the
use of Personal Leave due to illness or injury .
I • Most employees that were in service with the City
prior to the effective date of this policy have
accrued Sick Leave as noted in Section 5-C . This
previously accrued Sick Leave may be used for any
illness or off-the-job injury . It cannot be used
as Personal Leave time and will not be paid by the
City at time of termination .
Tic CI . r•CSfefv1 tfr-t c 1 -?u JrtHO� c.. •ut•rtr,oe ult.o
're vtoJc1. keer.f4 Slck lrau t or 41rCPSSilP USe Uf Atio•, /Lett r.
(1,1 C 'plv ee. SJf� QJPS' `'� Ct 0oreu..1•'1..S100,5A ��OC
Ices fo�i;`J61014 Of tierce's etritul h.R-.t 4 et.d gF /41-
euJ. atktfMl,.s 14tI tval b«A) e444$ ilk yi,.e �4eh•tl
rr
+.ken In o aeie wli Ser'/Joi rr?t of s'sr eerg iof
J • Employees will be allowed to take only those leave
hours that are shown as available on the Personal
Leave report as recorded and retained by the
Personnel Department . Employees will be furnished
a print-out of their accrued Personal Leave hours
on a regular basis .
K . For unsched ed Personal Leave such as
emergencies , illness , etc . , the employee must
notify b 4.04. e-r supervisor as early as is practical
on the first day of each unscheduled leave , and
thereafter as the Supervisor requires .
V "
L . Whenever possible , the Department Head or
immediate Supervisor will schedule Personal Leave
(///(-
as nearly as is possible to accomodate the request
of the employee . However , the Department Head or
Supervisor must give consideration to the ability
of the remaining staff to perform the work of the
department .
Requests for use of Personal Leave for other than
emergency situations will be made in writing to
the Department Head , using a form provided by the
Personnel Department . The form must be signed by
the employee , approved by the Department Head or
Supervisor and forwarded to the Personnel
Department for approval . The employee will be
notified of approval or denial in a timely manner .
M. Approval and usage of Personal Leave may be taken
in one ( 1 ) hour increments ; usage of increments of
less than one ( 1 ) hour will not be permitted . Any
absence of less than ( 1 ) hour may be made up with
the approval of the Department Head or Supervisor .
0°.4))
N . A break in employment of more than one ( 1 ) year
will cancel previous employment credit toward
leave eligibility .
0 . Employees with adjusted employment dates due to
transfer , layoff ,etc . , will be regarded as having
continuous service and will accrue Personal Leave
accordingly . The adjusted employment date will be
considered as a new date of employment only for
performance�QQ evaluation purposes .
t 11�Nt�
P . part-time employees , extra help or
temporary employees shall not earn Personal Leave
and will not be entitled to leave pay upon
separation .
Q . P.a-e-me-nent , full-time employees who terminate before
the end of a pay period will -not earn Personal
Leave for that pay period .
R . Official holidays occurring while an employee is
on npprnved leave are considered as paid holidays
and do not affect leave balance .
SECTION 5-5: Sick Leave
All employees in the city ' s service, exce- t
temporary , part-time and seasonal employees 1
'e entitled to sick leave after satisf . tory
c . .. .letion of the probationary period f. lowing
ini ' al employment. Employees will no receive
pay f. the first day of absence due r"o illness.
However , they shall -have the optio . to use a
personal ' ' liday • credit or vacati , credit , if
eligible fo 6uch credit , for ts - first day of
absence . Sick eave credit wil accrue, from date
of employment , . t the rate • ' eight (8) hours
leave;With pay for -ach com• eted month of service
upon satisfactory omp/:' ion of probationary
period . f
9(1 B. Unused sick leave c '-dit . y be accumulated up to
iQto a maximum of nine , ndred si y (960) hours.
P C. Employees abse • from work on legal holidays,
)1,
dur
ing sick leave, vacation, or disability
Q arising fr . injuries,..sustained in he course of
their em• oyment, €6r all authorized leaves of
`e c' absence ith pay- and for authorized leav - without
�Q, . pay f• not over ten (10) days in any one • lendar
yea shall continue to accumulate sick lea e at
it' kkfk t• - regularly prescribed rate during such abs - •ce
a • s though they were on duty, subject to the
:'/ maximum limitation herein provided.
• • "" `"'t'luyQu eiiyiule LUr sick leave with pay may
uge such sick leave , upon approval of his
department or office head , for absence due to
personal illness, doctor or dentist appointments.
Sick leave may not be used by the employee to
attend to personal business or for family members '
illness . Any employ6--on sick leave will inform
his immediate ervisor 'of, the fact and the '�
reason there s a as soon as pbsglble and failure
to do so yei-thin a reasonable time fiey.be, cause for
denial a pay for the period of absence. The f
department head may require a doctor 's certificate
•-bore approving sick leave with pay. ` �.
E, Administrative leave of up to three daym will be
ranted for death in employees' immediate fa.4ly.
( ouse, , mother , father, sister, • other,
gran _ arents , or mother in-law, fath: in-law,
sister -law, brother in-law, or gr : 'parents in-
laws) . special cases, ext . time can be
granted, if ecessary, upon . - 'royal by the City
Manager .
F. Absences for a fra io• or part of a day that are
chargeable to sick 1 - .ye in accordance with these
provisions will b - cha ged proportionately in an
amount not smal r than four (4 ) hours . Absences
for a fraction/or part of a ay that are in an
amount amalle than four (4 ) ha' a may be made up
on another day with approval of the department
head. /
G. Sick/leave credits may not be transferred fr one
ep floyee to another .
SECTION 5 - 5 : Administrative Leave
Administrative leave of up to three days will be
granted for death in an employee's immediate
1�� family . ( Spouse , mother , father , sister , brother ,
grandparents , mother-in-law, father-in-law,
sister-in-law, brother-in-law or grandparents-in-
law. ) Additional leave time may be granted with
the approval of the City Manager .
SECTION 5-6 : Leave for Hazardous Weather Conditions
An employee who fails to report to work for scheduled work
hours during hazardous weather conditions, such as icy '
roads, may at his option use vacation time credit, if
eligible for such time, in order to receive payment for that
time. An employee must call • supervisor when he/she
is not going to make it in. Sick time credit shall not be
used.
1
SECTION 5-7 : Occupational Disability or Injury Leave
(Worker 's Compensation)
A. A - ployee disabled as a result o an injury on
the Jo ' which is covered by Worke s Compensation
shall be ' ranted injury leave th pay at his
regular sala for seven (7) orking days. This
injury leave 'all not be charged to sick or
vacation leave.
B. After the aforement • .ed seven (7) days, the
employee shall be . id • e difference between his
regular salary and any Worker' s Compensation
payments receiv - • for such • ury for six months.
After six mo - hs the injured -mployee will be
reviewed a . : at this time m: only receive
worker ' s •mpensation payments, depe ; ng upon the
outcome .f the review. The employee sh • be paid
an amo t equal to the Workman' s Compe . tion
allo : nce, less deductions, for six mon 's
fo owing the initial seven days. The employe -
w' ll • 'eive Worker 's Compensation payments only
th eafter until the employee has been on leave
for a tal of six months. After six months,..-t-he--
employee mu eturn to work or shall be--tiplaced
and will receive o further_..-cThipensation or
benefits from the City.__. 11__injured leave status
is subject to_Dev-rew and me opinion at any
time . _And'its status may be chang ect to
,the-decision of the City Manager .
1 . '''An employee, while on occupational disability
in IIr eave, shall continue to ea ation
and sick at the re rate for the
six months. There , he employee will no
longer earn v on a ick leave credits,
and after, x months of su eave, will be
reqqui- a- to return to work after proval
of- attending physician or be terminate .
SECTION 5 - 7 : Occupational Disability or Injury Leave
(Worker's Compensation)
A. An employee disabled as a result of an injury on
the job which is covered by Worker's Compensation
shall be granted injury leave with pay at his
regular salary for ten ( 10) working days . This
injury leave shall not be charged to Personal
� Leave .0 ..4
B. After the aforementioned ten ( 10) days , the
\\\—..7.!, employee shall be paid the difference between his
regular salary and any Worker's Compensation
payments received for such injury for six (6)
months . After six months the injured employee i
will be reviewed and at this time may only receive
Worker's Compensation payments , depending upon the
outcome of the review. The employee shall be paid
an amount equal to the Worker's Compensation
allowance , less deductions , for six months
following the initial ten ( 10) days . The employee
will receive Worker's Compensation payments only
thereafter until the employee has been on leave
for a total of six months . After six months , the
employee must return to work or shall be replaced
and will receive no further compensation or
benefits from the City . This injured leave status
is subject to review and medical opinion at any
time . Status may be changed subject ' to the
decision of the City Manager .
1 . An employee , will on occupational disability
injury leave , continue to earn Personal Leave
at the regular rate for the six months .
Thereafter , the employee will no longer earn
Personal Leave credits , and, after six months
of such leave , will be required to return to
work with the approval of the attending
physician or be terminated .
2 . An employee shall report injuries incurred in
the line of duty immediately to his foreman
I or supervisor , and file an accident report
with Personnel Director .
I 3 . When an employee suffers injury or death on
the job, the Personnel Director shall
complete an accident report immediately on
1 forms provided by Worker' s Compensation and
submit it to Worker ' s Compensation as
directed , and retain one copy in the
personnel files. o +h. eC4A6\
kt.e
C. Any exceptions to -tbis policy must 6e approved by
the City Manager and City Council .
receiving or continuing to receive salary
continuation payments, the director of personnel
may require an injured employee to submit to
examination and treatment, at the City' s expense,
by a physician approved by the personnel
department . An injured employee forfeits all
rights to salary continuation payments if he
refuses to submit to an examination or to any
diagnostic test, x-ray, surgical procedure, or
other treatment prescribed or recommended by the
city-designated physician as medically necessary
or indicated to diagnose, treat, or cure the
employee' s injured condition.
E. Medical statement required . All salary
continuation payments must be supported by a
medical statement from the treating physician,
whether partial or full-day leave is granted .
F . An injured employee forfeits all rights to any
salary continuation payments to which -hey would
normally ' have been entitled, if I : �l1,�J
(1 ) engages in work, whether part-time or full-
time, for pay or as a volunteer, for himself v.t 4oW5AF'
o kfor any other person, firm or corporation, while
receiving salary continuation payments;
(2 ) terminates employment for any reason while
receiving salary continuation payments;
(3) fails or refuses to comply with the treating
physicians ' s instructions or advice regarding
treatment of the injured condition;
(4 ) fails to act in a manner which is conducive
to being off work convalescing from a job-related
injury;
(5) refuses to perform light, partial , or part-
time duty when authorized by the treating
physician;
(6) refuses to accept or perform a different job
with the city that, in the opinion of the treating
physician, is within the employee' s physical
capacity and for which the employee is qualified
or will be trained;
+he,It
(7 ) represents >re injured condition, physical
incapacity, or disability as worse than it is
while receiving salary continuation payments; or
(8) refuses to return to regular duty after being
released for regular duty by the treating
physician.
G. Use of. vacation and sick leave. The director of
personnel must be notified of any denial of salary
continuation payments. An employee who is denied
salary continuation payments, or who has exhausted
salary continuation payments while receiving
worker ' s compensation payments, may take .b4-s-' ''r 'i
accrued sick leave and vacation leave, but only in
the amount necessary to make up the difference
between worker' s compensation payments and hire- eltbf
regular rate of pay.
I . When an employee classified as a full-time employee
is eligible for salary continuation payments, the
supervisor for such employee may require the
employee to perform light, partial or part-time
Li/i
WuLK when authorizeu by the treating puyslclan.
Whenever the salary continuation payments are
discontinued for any reason, the employee shall no
longer be permitted to perform light, partial or
part-time work with the City as long as the
employee is classified as a permanent, full-time
employee.
J. Payment of benefits. An employee enrolled in a
health benefits plan who is placed on leave
• without pay status under this Act may elect to
continue health benefits enrollment while on leave
without pay status and may arrange to pay into the
Texas Municipal Retirement System of Texas,
through the city, the total contribution for
enrollment . I ._
K. Tr ' nation for cause or layoff. This Act
not prec an employee from being to ed for
cause. An ee termi for cause
associated with on-the- . jury is not entitled
to relief found i s ordin This Act does
not preclud employee from being minated
duri official reduction-in-force du
get reductions.
"Termination for reasons other than injury or
disability. This section does not preclude an employee
from being terminated for reasons other than their
disability or continued injury , as otherwise allowed by
these regulations . An employee terminated for any such
other reason , even if the same is associated with an on
the job injury is not entitled to the relief found in
this seerin., . Th4a aenrinn a,..... ..... _ -.-
SECTION 5-8 : Jury Service or Court Leave
Employees who are required by due process of law to render
jury service or court service will be expected to perform
these duties and will be paid in full for days in which they
are in court. Court service does not apply to personal
court dates .
SECTION 5-9: Military Leave
Employees will be allowed leave for military duties upon
presentation of military orders in accordance with federal
and state statutes.
SECTION 5-10 : Travel Expenses
Travel policy has been established by resolution. Please
see Exhibit "e". .410014010611gb#
SECTION 5-11: Leave of Absence
The City Manager may grant a permanent employee leave
without pay when requested by the employee' s department head
for a period not to exceed one (1) year when such leave will
not adversely affect the city. A leave of absence does not
obligate the city to guarantee re-employment at the same or
similar level as prior to the leave. Approved leave of
absence will not constitute a break in service; however , the
time off will not be accrued time toward longevity or
promotion and no sick or vacation time will be earned during
this period.
SECTION 5-12: Effect of Leave
When any leave of absence without pay exceeds two (2) weeks
in any month, service credit for all employment privileges
will cease until active employment is resumed .
SECTION 5-13 : Voting Privileges
All employees entitled and registered to vote in national ,
state, county or municipal elections shall be allowed
sufficient time off with pay to exercise this privilege, as
determined by individual department heads.
47/
SECTION 5-14 : Social Security Coverage
The Social Security Act provides a plan for benefits to
workers and their survivors . In accordance with this plan,
the city contributes an amount equal to that paid by each
employee. The contributions are made to a federal fund from
which benefits are paid in the event of the employee' s
death, retirement or disability.
SECTION 5-15 : Group Insurance
In order to encourage an employee to provide greater
security for the entire family (as well as the employee) in
time of sickness, the city sponsors a group life and health
insurance plan . The city pays for the portion of the health
and life insurance premium required to cover the employee
and if the employee , ate ption , pays for the portion of
the health premium required t cover the dependents the city
will pay a portion of this . This policy is effective
immediately. ,644
SECTION 5-16: Retirement System
A. All regular full-time employees with the City of
Wylie are required to enroll in the Texas
Municipal Retirement System as a condition of
their employment if they meet TMRS guidelines for
enrollment .
B. Each member will deposit (by payroll deduction)
with TMRS approximately five percent (5%) of his
monthly salary. The city will deposit in the
system an amount that shall be allocated each year
by the hudget .
(1 ) The member must have at least ten years of
creditable TMRS service and have been
employed by a participating city or cities
for ten or more years .
(2 ) The military service being purchased must
have been performed as active duty in the
Armed Forces of the United States (or its
auxiliaries) or in the Armed Forces Reserve
of the United States (or its auxiliaries)
during a period of organized conflict or
crisis . Military service performed between
April 6 , 1917 and November 11 , 1919 , or
between October 16, 1940 and October 31 , 1974
shall be recognized as military service
performed during period of organized conflict
or crisis under this provision.
(3) The employee' s release from active duty must
have been upon terms other than dishonorable.
An employee who is, or will be, eligible to
receive any retirement pay or pension from
the United States based upon twenty (20) or
more years of active duty or equivalent will
not be eligible for Military Service Credit .
Likewise, any employee who has been granted
military service credit by any other public
retirement system or program under the laws
of the State of Texas, shall not be eligible
for Military Service Credit in TMRS.
Credit and make the required deposits to the
System within one year after the effective
date of adoption of the ordinance allowing
such credit, or within one year after the
date the person making such application
first ' becomes eligible for such credit,
whichever date is later . A member with I
qualified military service who cannot
purchase Military Service Credit within one
year of the city' s adoption (because he does
not yet have 10 years of creditable TMRS I
- service) , will have to purchase his Military
Service Credit within one year of the time he
completes ten years of creditable service, or
lose his eligibility to do so. i
19
(5) A member who meets all of the qualifications
for Military Service Credit receives such
credit by making application to the System on
form TMRS-34 , Application for Military
Service Credit . A photocopy of the member' s
military service record and discharge status,
certified by the city official designated by
ordinance to certify official TMRS forms,
must be submitted with the Application for
Military Service Credit .
(6) Along with the Application for Military
Service Credit, the member must submit a
deposit equal to $15 .00 for each month of
military service being purchased . The city
will also submit a deposit, depending on the
city' s matching ratio in effect at that time,
equal to (100%, 150%, or 200%) of the deposit
. made by the member . A qualified member may
purchase any amount of Military Service
Credit he is entitled to receive, up to a
maximum of five years (60 months) . If a
member elects to purchase less than the full .
amount of Military Service Credit he is ' I
entitled to, they may not purchase any
additional Military Service Credit at a
future date.
(7 ) The number of months of Military Service
Credit purchased by a member is used to II
satisfy the vesting and/or retirement
eligibility provisions of the TMRS Act.
However , Military Service Credit is not 'II
included in the calculation of Update Service
Credit .
D. If an employee leaves the service of the city,
whether by resignation or dismissal, before
reaching the date of his retirem t, they may
withdraw the amount of depositstheyhaUmade to the •
TMRS plus credited interest , /subject to the
prevailing rules of the Texas Municipal Retirement
System. 1I
I
SECTION 5-17 : Retirement Date
A11 t retire n . ter than age seventy (70)
except that the f _ er, after consultation with the
City Council , may p ove---.. ear extensions of
mandatory retir t upon presentation ... department
head ' s rec ndation and a doctor ' s certificate's al
f itn7
ok4WM .
AA", \s. rod \ kj \
SECTION 6 •
RESPONSIBILITY, DISCIPLINE, AND GRIEVANCE PROCEDURE
GENERAL POLICY STATEMENT
EN PERFORMANCE, ATTITUDE, PRODUCTION OR PERS E STANDARD,T
OF MPLOYEE FALLS BELOW AN AC THE DEFICIENCIES
SUPERVISORS DINT OUT AT THE TIME THEY A . WARNING IN SUFFICIENT TIME
FOR IMPROVEM LL PRECEDE FOR SCIPLINE, BUT NOTHING
IN T SECTION WILL PREVENT IMMEDT MAL ACTION
EVER SUCH ACTION IS IN THE BEST INTEREST OF THE
"The performance of all employees , including their attitude ,
production , and personal conduct is to be maintained at an
acceptable level as determined by their supervisors . In the
event any supervisor determines that the employee's
performance is below the accepted level in any given area
the supervisor is encouraged , but shall not be required , to
point out such deficiency in writing , contemporaneously with
the observance of the deficiency for the purpose of allowing
a( the employee to correct the deficiency prior to formal
,•` discipline ; provided however , that nothing in this general
policy statement nor any of the other subsections of this
\\\\\\
section shall prevent any department head from taking
immediate formal disciplinary action including without
limitation demotion and termination , when such action is
determined by the department head , and/or the City Manager
to be in the best interest of the City , and such right to
take immediate action is hereby preserved ."
SECTION 6-1 : Working
Relationships \\ \
to maintain high
It will be the duty of each employeend economy in his work
efficiency eisisors
standards of cooperation,
Department heads and sup
for the City
organize and direct the work of their units to achieve
will 9
d0. these objectives.
SECTION 6-2 : Outside Employment II
of Wylie will not be permitted to
An employee of the City conflicts i
engage
in outside employment where such employment '`
orinperformance of duties with the city.
or interferes with the p rtment head of such outside ,li
An employee shall inform his titahe position. I
employment prior to accepting 1
SECTION 6-3 : Political Activity Employees are
A. Political Activities Limited -legal right to vote
encouraged to exercise theirrublicly using their
but shall refrain from p
positions as a public employee to influence for or
against any
candidate for public office.
candidate for
B . Any employee choosing to become a
Council of the City of Wylie shall leave
the City on an extended leave of
the service of thtymust leave the position
absence. The employeefiling as a candidate
immediately upon formally employee will
for that office. On that date,
ther so long as the
be allowed to draw vacation pay thereafter ,r the
employee has vacation leave;
employee will be on leave of absence without
eaay.
The employee may return only i ng wins the
def
in the election.
If the employee '
election, the employee must resign immediately.
Zl•
C. Under no circumstances will any city :employee be
allowed to campaign for any candidate, even ;
himself , during normal work hours or Al any City
of Wylie place of work, whether i-h n or off
duty at the time. Nor will any/employee be
allowed to represent themselves, using their city
employment, title, uniform or authority as
supporting any candidate for political office.
Violation of this provision will be sufficient
grounds for immediate dismissal .
•
SECTION 6-4 : Disciplinary Procedure; Appeal
A. Supervisors, or the app opriate level of
departmental authority , will , ith the approval of
the personnel director , notify an employee in
writing of :
1: ' The reason(s) for any disciplinary action
proposed to be taken against the employee;
2 .' The type of action being proposed, i .e.
suspension, dismissal, etc. ;
3'.• The rules (s) or regulation (s) allegedly
" violated, i .e. Personnel Policy section 6-7 B
9;
4•.• The date, time, and place of a hearing of the
evidence of violation and the employee's
response by the department head;
5'.' The employee' s right to appeal the department
" head ' s decision, if necessary within five
• days, to the City Manager; and v
6'.' The finality of the department head' s
" decision if not appealed.
E. If the disciplinary action is sustained, the
written decision of the department head or City
Manager, whichever is final , shall be placed in
the employee' s permanent personnel file.
•
C. If appealed, the final decision shall be handed
down by the City Manager .
i
SECTION 6-5: Suspension n� d taidOes 1
A. In the interest good discipline, a department
head may, for/Any of the reasons set out in
Section 6-7 0/recommend suspension of an employee
without pay for any length of time up to a maximum
of ten (10) days. •
4-‘/V
22
B. During investigation, hearing or trial of an
employee on ' any criminal charge, when suspension
would be in the best interest of the city, an
employee may be suspended , with pay, at the
recommendation of his department head and with
approval of the City Manager.
tit..SECTION 6-6 : Demotion ,' ,.�/ -
� ,�,� �i'+t..
v.t�)G�Oy{.i� 'r
A. An employee of the city may be demoted f_c-erre—bf •
the- grounds for dismissal set out_.irr'Se`ction 6-7B, I�
, ►. in the ' _ An employee
who is so demot ven notice in writing
d "". by the ment head and all eme- s shall be
ap ed by the City Manager.
"A. An employee who is found to be in violation of any
rules or policies of the City or engaging in other
misconduct will be subject to appropriate
N�� disciplinary action being taken by the department head
with the approval of the City Manager ; such action may
include , without limitation , demotions in position and
or pay ."
B. An employee may request or accept voluntary
demotion when assignment to a less difficult or
responsible work would be to the employee' s
advantage and in the interest of the city and
would be demoted with current rate of pay.
SECTION 6-7 : Dismissal
A. A department head , with approval of the City
Manage nay-____11_i iss an employee, at any time, i
o� fo -ease scertained after careful and
3 factua consideration. A regular employee shall
il
qw"6 be given two weeks written notice before dismissal
if the facts of the case allow this transition
period to be extended . All reasons for dismissal '.
shall be explained to the employee. A terminated ! , ,
employee may appeal the dismissal to the City i
Manager . II
B. Grounds for dismissal for an employee may include ;l
but are not limited to: ;I
1 . Use of intoxicants while on duty , or �
reporting for duty while under the influence
of intoxicants. i
2. Abuse of controlled substance while on duty, I
or reporting for duty while under the .
influence of a controlled substance. i
3 . Conviction of a felony (a plea of Nolo
Contendere will be considered a conviction
for the purpose of this section) ; or crimes ;
involving moral turpitude which would
include, but not be limited to such
misdemeanors as public intoxication and
disorderly conduct. I
1
4 . Absence without leave for three (3) I
consecutive working days or more;
5 . Refusal to obey a just order ;
6 . Willful or reckless misuse, destruction,
theft , or conversion of city property,
whether on or off duty;
7 . Falsification of official documents or
records ; i
8 . Habitual absenteeism; ;
9 . Substandard performance or unwillingness to
perform the duties of the position;
10 . Violation of the ordinances of the City of
Wylie or of these rules; �;
11 . Non-compliance to the "GENERAL POLICY
I
STATEMENT" (refer to section 6 ) ;
12 . Non-compliance with any written or
established departmental policy;
13 . Repeated or habitual tardiness . - I
1
fir " 14 . Any reason or no reason RR deemed appropriate by
...."0.
�r the department head and the City Manager ."
"Nothing in this section shall alter 'the at will
employment status of the employee and theabove
ove
enumerated items shall not be the only grounds
dismissal ."
SECTioN b-8 : Grievance Procedure rievance
shhall have the rig
ee_� who have any complaint or g
A . . ht to present their grievance to
a and their department
their immediate supervisor ,
head .
desire to formally appeal a
B. Should an employee department head, the
grievance decisioshall the of tsubmit to the Personnel
Director ,a
ggrieed party request for the convening of a
Board
Appeal .a writtenThe employee ' must specify if
Board of legal counsel . Upon
he/she will be represented
the Personnel Director
by receipt of this request ,
will notify the city' s legalshall
counsel a board and and to sha ll
assemble, as quickly as practicable,
be
convened at a time and date convenient to all
parties . This board shall be made up of three (3)
be selected by the
members . One member is to another member is to
employee convening the board,
be selected by the Personnel Directoro and
shall
t s
close as is practical be currently ded by
city in a capacity similar tothi that
seof the
aggrieved party .
If possible,
ion
should be from a different department and a
( ZT
24
volunteer . The third member will preside over the
grievance procedure and shall be a department or
division head (other than the concerned party)
whose name shall come from an alphabetical listing
on a rotation basis.
C. The decision of this appeal board shall be
presented in a sealed envelope to the City Manager
for b►z review and final approval .
A
p\Q� "Nothing in this section shall alter the at will
1v employment status of any employees and likewise nothing
herein shall create a contract between the City of
Wylie and employees .
SECTION 7 y
•
MISCELLANEOUS PROVISIONS
SECTION 7-1 : Operation of Motorized Equipment
A. All drivers of motorized vehicles and equipment
owned by or used by the City of Wylie shall be
responsible for maintaining the standards of
operation of such motor vehicles and shall be
required to obey all traffic rules and regulations
prescribed by law. All drivers must have a
current valid driver' s license, and should use
every safety measure to prevent accidents.
B. It shall be the duty and responsibility of all
operators of motor equipment to report to the
supervisor any defect in the mechanical equipment
when same occurs and to use every precaution to
prevent additional property loss expense, or
recurrence of such condition .
C. The use of city vehicles is to be limited to city
business only unless otherwise designated by the
City Manager. Under no circumstance should anyone
except city employees and individuals involved in
the conduct of normal Police Department operations
be a passenger in city owned vehicles, except in
accordance with Police Department Operational
Policy 12-1 and approval from the Chief of Police.
Should any city employee be involved in special
circumstances that -he1 feel, should be exception to
the non-passenger rule, said employee shall
request consideration by the City Manager, in
writing , prior to violating this provision. This
exception, if granted, shall be retained in the
personnel file of the concerned employee until
such time as the matter is reviewed or no longer
necessary.
64?
•
25
b. An operator of motorized equipment used in the
service of the city who becomes involved in any
accident shall be subject to a hearing before the
accident review board for an investigation into
such accident .
E. An operator of motorized equipment used in the
service of the city who violates these regulations
or becomes involved in any accident shall be
ferMlroho+\ subject to suspension or other disciplinary action,inckAlr,
if, upon investigation, it is determined that the �1
employee is responsible for such action or through
carelessness or recklessness, the employee
contributed to the cause of the accident. Any
accident involving a city owned vehicle should be
reported immediately to the office of the City
Manager on the appropriate form.
SECTION 7-2: Departmental Policies
Each department may establish policies and procedures within
the department that do not conflict with the intent of these
policies, except Police Department and Fire Department.
SECTION 8
EMPLOYEE'S RIGHTS
SECTION 8-1 : Employee's Rights
A. Employees have the right to state grievances to
their supervisors without fear of reprisal.
B. Employees have the right to review the contents of
their own personnel file.
C.
Employees have the right to make application for
other jobs in the city as the position becomes
available.
D. Employees have the right to review under
supervision, their own payroll records.
E. Employees have the right and are encouraged to
make suggestions to their supervisors on ways and
means to improve city functions.
1/9
26
F. Employees have the right to participate in
political activities subject to the guidelines
specified in Section 6-3 of the Personnel
Regulations.
G. No rule contained herein or adopted pursuant
hereto shall cause to be created for any employee
of the city a property right to continued
employment.
SECTION 9
EMPLOYEE EVALUATION
SECTION 9-1 : Employee Evaluation
In accordance with Article IV, Section 7 C (5) , of the City
Charter , an oral and written evaluation will be completed on
an annual basis for all city employees by their immediate
supervisor , including evaluation of the city manager by the
city council .
SECTION 10
SUBSTANCE ABUSE POLICY
SECTION 10-1- Purpose
It is the policy of the City of Wylie to maintain a work
environment free from the use, possession, and effect of
controlled substances and alcoholic beverages. The City of
Wylie recognizes that drugs and alcohol impair employee
judgment, which may result in increased safety risks,
hazards to the public, employee injuries, faulty decision-
making , and reduced productivity. Therefore, the City of
Wylie expects all employees to be in a state of mind and
physical condition fit to complete their assigned duties
safely and competently during work hours.
SECTION 10-2 DEFINITIONS
"Controlled Substance" has the meaning assigned by 41 U.S.C.
and 802 and includes all substances listed in Schedules I
through V as may be revised from time to time under the Code
of Federal Regulations, being 21 C.F .R. 1308 , and as those
terms are defined in Article 4476-15 & 102 (4) Vernon' s
Annotated Civil Statutes.
"Drug" means any substance other than alcohol that is a
controlled substance as previously defined in this section.
27
"Medical Practitioner" means a licensed doctor of medicine
or osteopathy or a doctor of dental surgery authorized to
practice in the State of Texas.
"Reasonable Cause" means that the City Manager, Personnel
Director , or Department Head believes that the actions,
appearance or conduct of an employee on duty is defined as
indicative of the use of controlled substances .
SECTION 10-3 Pre-employment Substance Screening 44 j�;%'i
In order to maintain a safe and drug-free work environment
for its employees, the City of Wylie will not hire
applicants for employment who are involved in abuse of
controlled substances or alcoholic beverages. All
applicants for any City positions are required to submit to
a drug screening test prior to an employment offer , prior to
becoming an active employee . Such pre-employment alcohol
and drug testing may involve the applicant providing a urine
specimen, blood sample or participating in other medical
tests. This testing will be done by the City' s designated
physician/medical practitioner at the time a pre-employment
physical is given. At the time of drug screen, the
applicant will be informed of the testing procedure and
consequences of positive results. The applicant will be
required to sign a consent release form acknowledging
Ae,R er understanding of the test , authorizing the
diagnostic procedure, and releasing the test results to the
City. Any applicant who refuses to sign the consent release
form or refuses to undergo the drug screening will not be
considered for employment, since drug screening is an
integral part of the procedures used to determine
suitability for employment. Positive test specimens will
automatically be retested using a different testing method
on the same sample. If the second test confirms the
positive test result, the applicant will be disqualified
from consideration for City employment for twelve (12)
months . After the twelve (12) month period the applicant
may reapply, but will . again be required to submit to the
normal selection process, including testing for controlled
substances and alcoholic beverages.
SECTION 10-4 Substance Abuse Policy for Current Employees
The sale or unlawful manufacture, possession, distribution,
and/or use of controlled substances or alcoholic beverages
by an employee while on duty or during lunch and other
breaks or at any time while the employee is on a City work
site or on duty is absolutely prohibited and constitutes
cause for discipline in accordance with -Section 6, including
dismissal .
28
The appropriate law enforcement agency will be notified of
any such sale, distribution, and/or use of illegal
substances by employees . Any employee who is arrested for a
drug related crime under a state or federal criminal drug
statute for violations occurring on or off duty must report
their arrest within three (3) days. All employees who are
using a prescription or non-prescription drug which may in
any way impact their job performance must notify their
supervisor in writing as to the possible effects of such
medication on the performance of their assigned duties and
related physical /mental capability. The Department Head
may require a doctor ' s statement if the employee indicates
that there is a need to use the prescription drug for an
extended period.
SECTION 10-5 Employee Assistance
It is the City' s desire to help locate assistance to those
employees who voluntarily request assistance with personal
alcohol or drug dependency problems . Employees are
responsible for acknowledging their substance abuse problem
and for seeking and accepting counseling or rehabilitation
assistance before it impairs their performance or conduct
and jeopardizes their employment . If an employee has a
substance abuse problem, the employee must first contact
46R ' nee supervisor and request counseling and possible
referral for appropriate treatment. Employees who need to
enter Substance Abuse Treatment Program will be allowed to
choose their own program, provided it is submitted to the
Personnel Director for review, approval and monitoring.
When possible and appropriate, employees will be referred to
less expensive out-patient treatment programs . Time off
without pay may be authorized in accordance with the City ' s
personnel policy on leaves of absence, if needed, up to 30
days. In most cases, participating employees will be
returned to their former or comparable position when
treatment is successfully completed . Some of the costs of
the treatment may be covered by the City' s health insurance
plan. Continued employment is contingent on the employee' s
participation in any non-work time follow-up counseling or
after care treatment programs. Any employee who has
participated in an approved treatment program will be tested 5
on an unannounced basis during the twelve (12) month period
following the employee 's return to work. A positive test,
admission of current alcohol, or illegal drug use or
dependency, refusal to consent to a test, or non-
participation in the approved aftercare program will result
in discipline in accordance with Section 6 .
29
SECTION 10-6 Alcohol and Substance Testing - procedural
Requirements
The City may conduct unannounced searches or inspections of
City owned property where there is reasonable suspicion of
the presence of alcohol or controlled substances . These may
include , but are not limited to, lockers , offices, tool
chests , and desks located on said City property , work sites,
and City owned vehicles.
When the City Manager or Personnel Director has a reasonable
suspicion that an employee, at work or when reporting to
work, is under the influence of alcohol or a controlled
substance, or is abusing alcohol or a controlled substance, (o
and appears to be impaired or unfit for duty, A-he s-herl-1 a�PcQ
shu<< be require4the ewe to submit to a drug/alcohol test.
Impairment is defined as being unable to perform their
duties safely and competently due to use of alcohol or
controlled substances. Reasonable suspicion is a belief
based on objective facts sufficient to lead a reasonably
prudent person to suspect that an employee is under the
influence of drugs or alcohol so that the empl
to perform the functions of the job is paired or the
employee' s ability to perform r job is reduced.
Observations which constitute a factual basis for
determining reasonable suspicion may include, but are not
limited to: odor of alcoholic beverage , erratic behavior ,
violent mood swings, excessive absenteeism including
tardiness, a medical emergency that can be attributed to
drug use , physical on-the-job evidence of drug use,
documented deterioration in the employee' s job performance,
or an accident which is caused by the apparent action
r
inaction of the employee.
The Department Head or Supervisor will submit information to
the City Manager or Personnel Director which describes the
incident, in writing , documenting the circumstances leading
to the conclusion that a drug test is necessary. Such
documentation will include the date, time, place,
description of incident, and statements wit paraphernalia,
Any
other evidence such as drugs , drug
containers , etc. will be collected . After documenting the
incident, the Department Head will contact the City Manager
and Personnel Director to determine if drug testing is
appropriate and to arrange for testing . If drug testing is
appropriate, the Supervisor or Department Head will
transport the employee to the drug specimen collection
facility. The type of drug/alcohol test may be based on a
urine, blood, or other type of sample as appropriate and
which is medically accepted and reliable. After testing,
the employee will be transported home by h-isfhgr' supervisor
or by a relative and told, not to report to/work until the
results of the test are known.
e•aR
Sexual Harassment
Section 10- 1 . Policy
It is the policy of the City of Wylie to maintain a
work environment which is free from sexual harassment .
e(A) Therefore , sexual harassment of one employee by another
will not be tolerated and will subject the perpetrator
to appropriate discipline .
Section 10-2 Definition .
The term "sexual harassment" means unwelcome sexual
advances , requests for sexual favors , or other verbal
or physical conduct of a sexual nature , submission to
which is made a term or condition of a person' s
exercise or enjoyment of any right , privilege , power ,
or immunity , either expressly or implicitly , with
regard to employment .
Section 10-3 Reporting , Investigation
A) Reports of sexual harassment shall be made to
the employee' s (victim' s) immediate supervisor . In the
event the person perpetrating the sexual harassment is
the employee' s immediate supervisor the employee may
report the harassment to the City Manager , unless and
in such event the City Manager is the alleged
perpetrator , in which case the report shall me made to
the Personnel Director .
B) All reports will be promptly investigated in
as confidential manner as possible by the person
receiving the same , and in all events , the City Manager
shall be advised of the report and the findings of the
• investigation .
C) No employee shall be subject to any
retaliation or reprisal for the reports of sexual
harassment which are made in good faith .
D) Any employee who knowingly or maliciously
makes a false sexual harassment complaint or report
shall be subject to appropriate disciplinary action ."
SECTION 11
•
Should any paragraph, sentence, subdivision , clause, phrase
or section of this polccy be adjudged or held to be
unconstitutional , illegal or invalid, the same shall not
affect the validity of this policy as a whole or any part of
the provision thereof other than the part so decided to be
invalid , illegal or unconstitutional and shall not affect
the validity of the remaining portions of this policy.
SECTION 12
This policy shall take effect immediately upon its adoption.
PASSED AND APPROVED AS AMENDED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS ON THIS THE,21TH DAY OF AU4U rViectior 0.1
7 ' ' ,2/ C��G
• John W. Akin, Mayor'
ATTEST: 2,is t if
`` , I�tllll�(111Jyph
,(
Carolyn es, y Secretaryik
MEMORANDUM
DATE: December 6 , 1991
TO: City Council
FROM: Steve Deiter , City Atto =•
RE : Acquisition of Real Estatfe�essary to Close
Landfill
As the Council is well aware it is necessary for the City to
acquire portions of certa n tracts of real estate from
private owners along the north side of the landfill to
comply with the mandated closure plan .
At this time negotiations with the subject landowners are on
going . However , with the time constraints that the City is
under to close the landfill we will not be able to carry on
purchase negotiations over a long period of time .
Furthermore in the event the negotiations would break down
the City needs to be in a position to go ahead and institute
eminent domain proceedings to acquire the needed property .
Prior to institution of an eminent domain proceeding it is
necessary for the City Council to pass an ordinance which
determines the necessity for the taking , authorizing
negotiations for the purchase of the property and further
authorizing institution of the eminent domain proceedings in
the even the negotiations are not successful .
I am forwarding herewith for your consideration passage at
the December 10 Council meeting an ordinance which
accomplishes the purposes referenced in the preceding
paragraph . I would suggest that the ordinance be passed at
this time as a precautionary measure to assure the City that
has all options available if and when the negotiation
process breakdowns .
Passage of the ordinance does not mean that these will be
eminent domain proceedings . Rather , as stated in the
language of the ordinance , it merely authorizes one to be
filed , at some future point , if and when the negotiation
process breaks down .
Incident to the ordinance the Council may want to be briefed
concerning what negotiation has gone on thus far and may
also want to authorize certain maximum prices which it would
be willing to pay for the properties being purchased . I
suggest that the briefing and price discussions be conducted
in executive session pursuant to the specific exception to
the Texas Open Meetings . Act .
It would be necessary to include Paul Beaver in the
executive session as he is involved in the negotiation
process .
Should any of you have any questions on this prior to the
Council meeting please do not hesitate to contact me .
cc : Carolyn Jones , Acting City Manager
Paul Beaver , City Engineer
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS DETERMING A PUBLIC NEED
AND NECESSITY FOR THE ACQUISITION OF THE FEE SIMPLE TITLE TO
CERTAIN TRACTS OF REAL ESTATE LOCATED IN THE E. C. DAVIDSON
SURVEY, ABSTRACT NO. IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS , FOR THE PURPOSE OF CLOSING THE WYLIE MUNICIPAL
SANITARY LANDFILL AND RELOCATING ALANIS ROAD INCIDENT TO SUCH
CLOSING, ALL AS REQUIRED BY ORDER OF THE TEXAS WATER COMMISSION
AND FOR FURTHER MUNICIPAL PURPOSES ASSOCIATED THEREWITH;
AUTHORIZING THE CITY ATTORNEY PROCEEDING IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS , the City of Wylie , Texas has been mandated by the
Texas Water Commission to close and seal its Municipal Sanitary
Landfill in accordance with the closure plan which has been
approved by the said Texas Water Commission ; and
WHEREAS , in order to comply with the aforesaid order the
City will need to acquire certain limited amounts of real
property lying along the North edge of the said Landfill for the
purpose of relocating the existing Alanis Lane and for the
further purpose of properly sealing the said Landfill , and ;
WHEREAS , the City Council of the City of Wylie , Texas ,
having considered the matter has determined that their is a
public necessity for the welfare of the City of Wylie and the
public at large to acquire certain real property for right-of-
way , utility easements , road relocation , and associated Municipal
purposes ; and
WHEREAS , in accordance with the above the City Council of
the City of Wylie , Texas , hereby finds that it is in the public
interest to acquire the fee simple title to the real estate
hereafter described for the above stated Municipal purposes ; and
WHEREAS , the real property to be acquired for such purposes
consists of three separate tracts , located in the E. C. Davidson
Survey, Abstract No . , in the City of Wylie , Collin
County, Texas , consists of approximately acres and is more
particularly described in Exhibit A attached hereto and made a
part hereof by reference ( the "property" ) ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS , as follows :
Section 1 .
The City Council hereby finds and determines that it is necessary
for the welfare of the City and its citizens and is in the public
interest to acquire the fee simple title to the property for road
relocation , right-of-way , utility, Landfill Closure , and
associated Municipal purposes .
Section 2 .
The City Manager , Acting City Manager , or their designee is
hereby authorized on behalf of the City to attempt to agree to
damages and compensation to be paid to the owners of the
property. If the City Manager or their designee determines that
an agreement for damages and compensation cannot be reached then
the City Attorney , or his designee , is hereby authorized to file
or cause to be filed against the owners and interested parties of
the property , a proceeding in eminent domain to acquire the fee
simple title to the property .
Section 3 .
It is the expressed intent of the City Council that this
ordinance shall authorize the condemnation for all property
required for the City to completely and satisfactorily close the
sanitary landfill site in full compliance with the Texas Water
Commission order and mandate , specifically including , without
limitation the expressed purposes incident thereto as hereinabove
enumerated . If is later determined that there are any errors or
discrepancies contained in the description of the property
effected hereby or if later surveys contain more accurate revised
descriptions , the City Attorney or his designee , is authorized to
have such errors corrected and revisions made without the
necessity of obtaining a new City Council ordinance authorizing
the condemnation of the corrected or revised property .
Section 4 .
The findings of fact or recitations and provisions as set forth
in the preamble of this ordinance are adopted and fully made a
part of the body of this ordinance , as if the same were fully
set forth herein .
Section 5 .
This ordinance shall become effective immediately from and after
its approval .
DULY PASSED AND APPROVED , by the City Council of the City of
Wylie , Texas , this day of December , 1991 .
John Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
APPROVED AS TO FORM:
Steven P. Deiter , City Attorney