04-13-2004 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, APRIL 13, 2004
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
PROCLAMATIONS&PRESENTATIONS
• Proclamation declaring May 2004 as Motorcycle Safety Awareness Month
• Proclamation declaring April 11-17,2004 as National Public Safety Telecommunications Week
CITIZENS PARTICIPATION
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed
from the Consent Agenda and will be considered separately.
A. Approval of the Minutes from the Wylie City Council Meeting on March 23, 2004 and the Special
Called Meeting on March 30,2004.
B. Consider and act upon a request from Wylie resident Tony Molina to have a Cinco de Mayo event at
Community Park on Sunday,May 9,2004.
C. Consider and act upon approval of an ordinance establishing speed zones on FM 3412 (Brown
Street)from FM 1378 to SH 78.
D. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License
Agreement between the City of Wylie and Dallas Area Rapid Transit for drainage improvements for
the Creek Hollow Subdivision.
INDIVIDUAL CONSIDERATION
1. Consider and act upon a proposal from the Parks and Recreation Board to rename Quail Meadow
Park to"Friendship Park."
Executive Summary
At the August 25, 2003 Parks and Recreation Board Meeting, the board directed staff to explore the possibility of renaming Quail
Meadow Park with the input of Dodd Elementary students. After discussions with Scott Winn, Dodd Principal, Mr. Winn collected
nominations from the students and forwarded them to staff. At the March 23,2004 Park Board Meeting,the board voted 4-1 to rename
Quail Meadow Park to Friendship Park.
2. Consider and act upon approval of the revised Rita and Truett Smith Public Library's Internet Use
Policy to add filtering to the library's computers.
Executive Summary
The Children's Internet Protection Act requires public libraries to install Internet filtering software on all of its computers(public access
and staff)if the library uses federal money(ERATE)to purchase Internet access.(T-1 line) The deadline to have filters in place is July
1, 2004. City Council voted unanimously on March 23, 2004,to install filtering software. Attached is the revised Internet Policy for
Council approval. It was approved by the Library Advisory Board on April 5,2004.
ADJOURNMENT
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
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I certify that this Notice of Meeting was posted` tl i� h f'Oril,2004 at 5:00 p.m.as required by law in accordance with
Section 551.042 of the Texas Government C'4k) a tf that iifi .a0r6priate news media contacted. As a courtesy,this agenda is
also post to the City o ylie Website atv .ct.oylie.t4us '
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The Wylie Municipal Complex is Wheelchairi ce 015ie.. n•itit r`ta'tion or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the' Eeta �at 972/442-8100 or TD 972/442-8170.
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WYLIE CITY COUNCIL
AGENDA ITEM NO. B.
April 13, 2004
Issue
Consider and act upon a request from Wylie resident Tony Molina to have a Cinco de Mayo
event at Community Park on Sunday, May 9, 2004.
Background
Tony Molina has never had an event in a City park before. Mr. Molina wants to host the event to
promote Hispanic culture in Wylie. Mr. Molina discussed his proposal with the Parks and
Recreation Board at the March 22, 2004 meeting. Mr. Molina discussed his experience with
putting these types of events on in other cities such as McKinney, Texas. Mr. Molina also
commented that the event would be low key and community oriented. Parks and Recreation staff
commented that they would work with Mr. Molina on a site plan and assist him in procuring
proper permits. Mr. Molina will charge vendors to participate in the event, that revenue will be
used to pay for entertainment.
Financial Considerations
N/A
Other Considerations
Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to
solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes,
fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city
park or recreation or community center facility; provided, however, that this section shall not
apply to any person, organizations, filiiis or corporations, or the agents of any person, or
organization, film or corporation, or employees of any person who are recommended by the
parks and recreation board and approved by the city council to operate a concession or
concessions for the sale of specified goods, wares, and merchandise within the city park or
recreation or community center facilities of the city.
Board/Commission Recommendation
The Parks and Recreation Board unanimously approved the request at their meeting, March 22,
2004.
Staff Recommendation
Staff recommends approving the request.
Attachments
Parks and Recreation Vendor Request Form
Prepared by Reviewed by Finance City Manager Approval
CITY RFtYLIEI
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CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM
NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION
Name Tony Molina Location Community Park
Address 602 E.Oak Street Date(s) May 9,2004
Phone No. 214-551-4894 Start Time 1:00 PM
Alternate Phone No. 972-727-7300 End Time 9:00 PM
Contact Person Name Number of Individuals Vending Items 20 tentavely
Address Target Audience everyone
Phone No. Anticipated Number in Attendance at Event 200
Alternate Phone No. Specific Items to be Sold
Emergency Contact Name nacho,cokes,sno cones,fajitas,pop corn,pickles,hot dogs,
Address hats,toys
Phone No.
Alternate Phone No.
Helpful Information
The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities,
and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact
the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine
the food preparation and food storage equipment to assure the health and safety of customers.
Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle, sell or offer to sell
any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city
park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or
corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the
parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,
and merchandise within the city park or recreation or community center facilities of the city.
WYLIE CITY COUNCIL
AGENDA ITEM NO. C.
April 13, 2004
Issue
Consider and act upon approval of an ordinance establishing speed zones on FM 3412 (Brown
Street) from FM 1378 to SH 78.
Background
The Texas Department of Transportation has submitted a speed zone study for FM 3412 which
will extend the school zone to just west of Westgate Way. The proposed ordinance will adopt
the study and establish speed zones along Brown Street as shown on the attached display.
Other Considerations
N/A
Financial Consideration
TxDOT will furnish and install the necessary signs.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed Ordinance.
Attachments
Ordinance
Letter from TxDOT
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO. 2004-12
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE
MAXIMUM SPEED LIMIT ON FM 3412 PROCEEDING FROM FM 1378 TO
SH 78, WITH SUCH STREEET BEING LOCATED IN THE CITY OF
WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR
NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE
INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR
SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever
the governing body of the municipality shall determine upon the basis of an engineering and traffic
investigation that any prima facie speed therein set forth is greater or less than is reasonable or
prudent under the conditions found to exist at any intersection or other place or upon any part of
a street or highway within the City of Wylie, Texas, taking into consideration the width and
condition of the pavement and other circumstances on such portion of said street or highway, as
well as the usual traffic thereon, said governing body may determine and declare a reasonable and
prudent prima facie speed limit thereon by the passage of an ordinance, which shall be effective
when appropriate signs giving notice thereof are erected at such intersection or other place or part
of the street or highway; and
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") finds it is necessary
for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed
for FM 3412 proceeding from FM 1378 to SH 78.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering
and traffic investigation heretofore made, and as authorized by the provisions of§545.356
of the Texas Transportation Code, the prima facie speed limit for FM 3412 proceeding
from FM 1378 to SH 78 shall be as indicated on the attached display.
SECTION 3: Placement of Signs. The City Manager or his/her designated
representative is hereby authorized and directed to cause the placement of signs on FM
3412 proceeding from FM 1378 to SH 78 indicating the maximum speed allowed. The
signs shall be placed at the most advantageous points to be conspicuous to approaching
Ordinance#2004-12
ORDINANCE ESTABLISHING SPEED LIMIT
Page 1
vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on
permanent buildings or walls or as approved by the City Manager or his/her designated
representative. The sign shall in no way be obstructed from view, and shall comply with
applicable state laws.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One
Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 13th day of April, 2004.
JOHN MONDY, Mayor
ATTESTED AND CORRECTLY
RECORDED:
CAROLE EHRLICH, City Secretary
Date of Publication: 04-21-04
Ordinance#2004-12
ORDINANCE ESTABLISHING SPEED LIMIT
Page 2
WYLIE CITY COUNCIL
AGENDA ITEM NO. D.
April 13, 2004
Issue
Consider and act upon the approval of a resolution authorizing the Mayor to execute a License
Agreement between the City and Dallas Area Rapid Transit for drainage improvements for the
Creek Hollow Subdivision.
Background
The proposed resolution will authorize the Mayor to execute a License Agreement with DART
for the installation of rip-rap and erosion protection in the DART right-of-way for a stoim
sewer discharge for the Creek Hollow Subdivision. The proposed improvements will be
installed by the subdivision contractor at no charge to the City.
Other Considerations
N/A
Financial Consideration
There is no annual charge for these improvements.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed Resolution.
Attachments
Resolution
License Agreement
Prepared by Reviewed by Finance City Manager Approval
RESOLUTION NO. 2004-11 (R)
WHEREAS, the City of Wylie desires to enter into a License Agreement for the purposes of
constructing, installing, maintaining, and operating four (4) 72-inch RCP for storm water, (the
"Permitted Improvement") crossing the Cotton Belt Line, 905 feet east of Commerce Drive at
approximately Mile Post 580.55, Wylie, Collin County, Texas.
WHEREAS, the City Council of the City of Wylie has determined the need exits for the approval
of this License Agreement to allow for the installation of four (4) 72-inch RCP for storm water
as previously described; and
WHEREAS, the City Council of the City of Wylie does hereby approve the License Agreement
for the purposes of constructing, installing, maintaining, and operating four (4) 72-inch RCP for
storm water, (the "Permitted Improvement") crossing the Cotton Belt Line, 905 feet east of
Commerce Drive at approximately Mile Post 580.55, Wylie, Collin County, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, that the Mayor is authorized to sign the Standard Construction Agreement and
Contractor's Right of Entry.
APPROVED:
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
April 13, 2004
Issue
Consider and act upon a proposal from the Parks and Recreation Board to rename Quail Meadow Park to
"Friendship Park."
Background
Per a directive given to staff by the Park Board at the August 25, 2003 meeting, staff contacted Principal
Scott Winn at Dodd Elementary to discuss a process of renaming Quail Meadow Park involving the
children of Dodd Elementary. Park name nominations were collected by Principal Winn and forwarded
to staff. Staff gave the list of names to the Parks and Recreation Board at the January 26, 2004 meeting to
review, and the item would be addressed at the next meeting. Due to a large agenda for the February
meeting, the item was moved to the March 22, 2004 meeting. Per the Park Naming Policy, the
recommended name is to be forwarded to the City Council for approval. Upon approval of the name, the
participants from Dodd Elementary would be given a plaque recognizing their achievement. The Park
and Recreation Board discussed the nominations at the March 22, 2004 meeting and selected "Friendship
Park"as a possible new name for the existing park.
Financial Considerations
N/A
Other Considerations
Park Naming Policy excerpt:
Section 1. POLICY ADMINISTRATION
Subsection:
1. The park and recreation board ("board") will be responsible for recommending a name for municipal
parks and park facilities.
2. The board shall be responsible for research, study and recommendation of a proposed name to the city
council. Rationale for the recommended name shall be given in writing and accompany the
recommendation.
3. The recommended name will be forwarded to the city council for its consideration and approval.
Board/Commission Recommendation
The Parks and Recreation Board voted at its March 23, 2004 meeting to recommend renaming Quail
Meadow Park to "Friendship Park,"with a vote of 4-1. Dan Chesnut, Anne Hiney, Frankie Delgado, and
Jamie VanEaton voting for and David Willey voting against.
Staff Recommendation
N/A
Attachments
Resolution
Park Naming Policy
List of submitted names from Dodd Elementary
Prepared by Reviewed by Finance City Manager Approval
RESOLUTION NO. 2004-12 (RI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS RENAMING QUAIL MEADOW PARK TO FRIENDSHIP PARK.
WHEREAS, the City of Wylie wishes to honor the idea of friendship; and
WHEREAS "Friendship Park" was a name submitted by the students of Dodd
Elementary and recommended by the Parks and Recreation Board.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie,
Texas:
THAT Quail Meadow Park be renamed "Friendship Park."
Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 13th Day
of April, 2004.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, Secretary
Quail Meadow Park
Name Suggestions
GRADE TEACHER NAME
Kindergarten Kelley, Jennifer The Pirate Park
Kindergarten Kilgore, Melissa The American Park
Kindergarten Nichols, Jan Rainbow Park
1st Brown, Sarah Polar Park
1st Carpenter, Melissa Butterfly Park
1st Saunders, D. D. Pirates Playland
2'' Hodge, Jennifer Mighty Grounds Party Park
2'' Page, Shirl Pirate City
2'' Sherrin, Lori K.N.D. (Kids Next Door)Park
2'' Swan, Nancy The Children's Place
3ra Burdett, Dana Mini-Pirates Park
3ra Tigert, Jessica Scottsdale Park
4th Pearce, Joni Meadow Park
4th Williams, Myra Pirate Park
Larsens Hallelujah Park
Brantley Friendship Park
CITY OF WYLIE PARKS AND RECREATION DEPARTMENT
PARK AND PARK FACILITY NAMING POLICY
POLICY ADMINISTRATION
1. The park and recreation board ("board"), will be responsible for
recommending a name for municipal parks and park facilities.
2. The board shall be responsible for research, study and recommendation
of a proposed name to the city council. Rationale for the recommended
name shall be given in writing and accompany the recommendation.
3. The recommended name will be forwarded to the city council for its
consideration and approval.
4. Municipal parks and park facilities shall be named immediately prior to or
during development, generally not later than 60 days after acquisition or
commencement of construction or at the earliest possible date.
5. A park name or park facility name may be changed no more frequently
than once every ten years.
II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES
1. Names of municipal parks and facilities should be familiar to the majority
of citizens, easy to recall, unique and lasting.
2. The following guidelines are listed in order of importance. Municipal parks
and facilities shall be named:
a) By outstanding and/or predominate physical characteristics of the
land such as:
1. Those naturally occurring, such as forested areas, streams,
rivers, lakes and creeks;
2. Manmade features such as subdivisions, streets,
office/industrial or commercial complexes;
3. Landmark significance, such as an identifiable manmade or
naturally occurring monument;
4. Historical significance, such as the names of early residents
or citizens and/or a significant event.
b) In honor of a living or deceased national, state, or community
leader.
c) Based on the activity, event, or function of the land.
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2.
April 13, 2004
Issue
Consider and act upon approval of the revised Rita and Truett Smith Public Library's Internet Use
Policy to add filtering to the Library's computers.
Background
The Children's Internet Protection Act(CIPA)and the Neighborhood Children's Internet Protection
Act(NCIPA)passed Congress in December of 2000. Both were part of a large federal appropriations
measure(PL 106-554). The Federal Communications Commission released its regulations for CIPA
and NCIPA in April 5, 2001. In March 2001 several groups, including the American Library
Association (ALA) and the American Civil Liberties Union (ACLU), filed suit to prevent the
enforcement of CIPA's filtering requirement in public libraries. A trial was held in March 2002 in
federal district court in Philadelphia. On May 31, 2002,the CIPA filtering mandate for public libraries
was declared unconstitutional on first amendment grounds by the district court. The U.S. Justice
Department appealed the district court's decision to the U.S. Supreme Court. On June 23, 2003,the
Supreme Court announced its decision to overturn the May 2002 decision and uphold the Children's
Internet Protection Act (CIPA).
Council voted on March 23, 2004, to filter the Library's computers. This will allow the Library to
meet CIPA guidelines and continue to receive the ERATE discounts.
Other Considerations
The City Attorney reviewed the language that was added the Library's policy.
Financial Consideration
According to the USAC (Universal Services Administrative Company) Schools and Libraries
division,-the Library will receive$3500 in discounts. The discounts are for the internet access lines
and regular phone service. (Note: Discounts will change once the DSL line is installed.)
Board/Commission Recommendation
The Board approved the revised policy on April 5, 2004.
Staff Recommendation
Staff recommends adoption of the revised policy.
Attachments
Revised Internet Policy
Minor Release Form
Adult Release Form
Prepared by Reviewed by Finance City Manager Approval
COMPUTER/INTERNET POLICY RELEASE FORM
(Adults)
ADULT PATRONS:
The undersigned acknowledges that he/she has read, understands, agrees to
and will comply with the Smith Public Library Computer and Internet Policy.
By signing below, you choose to access the Internet stations provided by the
Smith Public Library. You also agree to all terms and conditions of the Smith
Public Library Computer and Internet Usage policy; and you agree that you are
fully responsible for any and all information you accesses on the Internet. The
Smith Public Library has the ability to provide filters on computers accessed by
its users; however, these filters have limitations and may not be able to screen
and filter all age inappropriate or offensive material. You also understand that,
whether you choose to have your access filtered or not, the Smith Public Library
is in no way responsible for the content on any website that might be accessed
on the Internet and you agree to waive and release the Smith Public Library and
the City of Wylie, and anyone acting on their behalf from any and all claims or
causes of action that may arise out of your access to the Internet.
Filters are provided as a default setting on the computers at the Smith Public
Library; however, you may choose to have those filters removed by indicating
below that you wish unfiltered access to the internet.
The Library will provide anti-glare peripheral vision screens. These screens do
not provide complete privacy.
I would like my access to the internet to be filtered / unfiltered (circle one).
Adult's Name (Please Print) Library Card No.
Signature
Date
COMPUTER/INTERNET POLICY RELEASE FORM
(Minors)
Parent or Legal Guardian
The undersigned acknowledges that he/she has read, understands, agrees to
and will comply with the Smith Public Library Computer and Internet Policy.
By signing below, you choose whether to allow your child to access the Internet
stations provided by the Smith Public Library. You also agree to all terms and
conditions of the Smith Public Library Computer and Internet Usage policy; and
you agree that you are fully responsible for your child and any and all
information your child accesses on the Internet. Although the Smith Public
Library provides filters on computers accessed by minors, these filters have
limitations and may not be able to screen and filter all age inappropriate or
offensive material. You also understand the Smith Public Library is in no way
responsible for the content on any website that might be accessed on the
Internet and you agree to waive and release the Smith Public Library and the
City of Wylie, and anyone acting on their behalf from any and all claims or
causes of action that may arise out of you or your child's access to the Internet.
The Library will provide anti-glare peripheral vision screens. These screens do
not provide complete privacy.
Child's Name (Please Print) Library Card No.
My child may /may not access the Internet at the Library.
Parent or Legal Guardian's Name (Please Print) Library Card No.
Parent or Legal Guardian's Signature
Date
APPROVED BY THE LIBRARY ADVISORY BOARD
ON APRIL 5, 2004
INTERNET ACCEPTABLE USE POLICY
PURPOSE
The Rita and Truett Smith Public Library offers access to the Internet to further the library's mission by providing a
broad range of information sources.
The Internet takes you outside Library walls and into an electronic world of information which has all of the excitement
and risks of the world at large. Much of the information you find may be valuable, but not all Internet resources are
reliable, current, or accurate. You may find opinions, ideas and images which are controversial, divergent, inflammatory,
and offensive. By providing access, the library does not endorse or sanction the content or point of view of information
or commentary found on the Internet.
Technology Protection Measures
The Library, either by itself or in combination with its Internet access provider, will install filtering software or other
technologies on all library computers with Internet access, and will enforce the operation of same during any use of those
computers, to prevent minors from accessing visual depictions that are(1) obscene, (2) child pornography, or(3)harmful
to minors.
The term "harmful to minors" is defined by the Communications Act of 1934 (47 USC Section 254 [h][7]), as meaning
any picture, image, graphic image file, or other visual depiction that :
• taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
• depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual
or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd
exhibition of the genitals;
• taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
Filtering software is not foolproof. It diminishes the likelihood that searchers will inadvertently retrieve text or images
that they may find offensive, but does not eliminate that possibility. Filters often block access to sites that users would
consider both inoffensive and useful.
If you do not find what you need, please do not hesitate to ask a librarian for help. Technology protection measures may
be disabled by a library staff member, as necessary, for bona fide research or other lawful purposes by people aged 18
and older.
INTERNET FUNCTIONS NOT SUPPORTED
The Library does not provide electronic mail accounts.
1
Responsibilities of Library Staff and Users
Library staff will not monitor a user's Internet use, except for length of use in order to ensure equal opportunity of access
for everyone. The user, or the parent of a minor, is responsible for his or her Internet session at all times.
The Library reserves the right to terminate an Internet session that disrupts library services or that involves user behavior
that violates the Library's policies.
Parents, not library staff, are responsible for their minor children's use of the Library's resources and facilities. (Minors
are defined in this policy as children and young people under the age of 18 years.) Parents who believe that their children
cannot responsibly use the Library's Internet access are requested to monitor their children's Internet use.
LIBRARY STAFF GUIDELINES
• Staff members may not systematically employ system resources for the purpose of personal commercial gain.
• Electronic communications and publications originating from Library systems are considered to
be representative of the Library. Staff are to adhere to Library guidelines in this policy.
Supervising Children's Use
1) The Internet is a global entity with a highly diverse user population and information content. Library patrons use it at
their own risk. Many sites carry sexually explicit and other types of information which may be controversial or
inappropriate. Parents or legal guardians are responsible for monitoring the Internet activity of their children. Any
material that contains child pornography, obscene or other illegal activities (criminal offenses) are prohibited by Texas
State and Federal Laws.
2) Access, use, or dissemination of information via the Internet in the Library is the responsibility of the user. In the case of
minors, it is a joint responsibility of the user and the parent or legal guardian.
3) The public library, unlike schools, does not serve in loco parentis (in place of a parent). Librarians cannot act in the
place of parents in providing constant care and supervision of children as they explore the Internet. The responsibility for
what minors read or view on the Internet rests with parents or legal guardians.
4) The following are recommended guidelines for parents and legal guardians to ensure that children have positive online
experiences, whether at home or in the library. Explore the wide range of available information and tell your children
about sites you consider inappropriate for them.
• Encourage children to use sites recommended on the Library's Kid's Page and to avoid sites you
consider unsuitable.
• Instruct children NEVER to give out personal information(name, address, password, telephone number,
credit card number) online.
• Teach children to be good online consumers. As with print information, consider the source, date, and
accuracy of online information.
2
RULES FOR INTERNET ACCESS
Users may not:
• Use the workstations to gain access to the Library's networks or computer systems or to any other network or computer
system.
• Obstruct other people's work by consuming gratuitously large amounts of system resources or by deliberately crashing any
Library computer system.
• Violate the system security of the library's computers or any computer access through the library's equipment.
• Make any attempt to cause degradation of system performance.
• Use any Library workstation for any illegal or criminal purpose.
• Engage in any activity which is deliberately and maliciously offensive, libelous, or slanderous.
• Use impolite or abusive language.
• Interfere with the operation of any computer, alter, damage, or destroy computer programs without the effective
consent of the owner or licensee of those resources. These acts may be considered a misdemeanor or felony crime
under the Texas Penal Code(SECTION 1. Title 7, Chapter 33, Section 33.02a).
• Save or download files to the hard drive(drive C).
• Employ Library systems to falsely identify them, falsely represent themselves, the Library or any of its policies,
services or practices, or otherwise commit forgery or fraud.
• Employ Library systems for the purpose of libel, slander, or any form of harassment.
• Violate Copy-right laws.
• Violate software licenses or agreements.
• Use the computer for any commercial activity.
A violation of these guidelines may result in revocation of access privileges to the library computers and/or the Smith
Public Library. Users are liable for any damages or other court imposed remedies as a result of:
• Violation of copyright laws
• Violation of software license or agreement.
• Violation of any state or federal law or local ordinance.
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• Destruction of or damage to equipment, software or data access to the library workstations or equipment
belonging to the library.
• Violation of the system security of the library's computers or any computer access through the library's
equipment.
• Disruption of network services.
• Any other matter prohibited by this policy.
• A violation of these guidelines may result in revocation of access privileges to the library computers and/or the
Smith Public Library.
The City of Wylie and the Rita and Truett Smith Public Library are not responsible for the loss of any data or damage
or liability that may occur from your use of the Library's computer.
INTERNET USAGE GUIDELINES
• Access: Anyone wishing to access the Internet from a library computer dedicated to the Internet must present his or her
own current library card and leave it with a staff member for the duration of the session. Patrons are requested to sign at the
information desk. Patrons must read and accept the Internet Policy and Guidelines before going forward and accessing the
Internet. Youth under 18 years of age will be required to have parental or guardian permission to access the Internet. While
the Library will make every effort to ensure that the use of the Internet is consistent with the Mission statement, parents are
encouraged to work closely with their children in selecting material that is consistent with personal and family values and
boundaries.
• Time: Users are limited to 30 minutes at a time if others are waiting. If no one is waiting, and the other Internet workstation
is not in use, the person may stay on until all computers are in use. In addition, users are limited to a total of one hour per
day.
• Printing: Printing is allowed, but counts as part of the time limit. It costs 10 cents per page for black and white copies.
Color copies are not available.
• Downloading/Saving Information: Users are allowed to download and save information. How-ever, the diskette must be
purchased from the Friends of the Library at the circulation desk. They may not bring in their own diskettes. This is an
effort to prevent viruses. The floppy drive is locked. A library employee can assist you with use of the drive.
• Hardware/software: Only library-supplied hardware and software can be used on library computers.
• Noise/Crowd Control: To cut down on noise and crow-ding, no more than three people at a time may cluster around a single
Internet workstation. The library reserves the right to lower that limit to two or even one person at a time when necessary.
Disclaimers
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While the Library endeavors to provide access to information of the highest quality, the Library specifically disclaims
any warrant as to the information's accuracy, timeliness, authoritativeness, usefulness or fitness for a particular purpose.
The Library will have no liability for direct, indirect or consequential damages related to the use of information
accessed through the Library's Internet service.
The Library, having installed and enforced the operation of filtering software in compliance with the Children's Internet
Protection Act, will have no liability for damages related to the operation of, or failure of, the filtering software, or for its circumvention 1
COPYRIGHT
erschirmer(a)yahoo.com
Copy-right Law prohibits the unauthorized reproduction or distribution of copyrighted materials, except as permitted by the
principles of"fair use". Users may not copy or distribute electronic materials (including electronic mail, text, images,
programs or data)without the explicit permission of the copyright holder. Any responsibility for any consequences of
copyright infringement lies with the user; the Library expressly disclaims any liability or responsibility resulting from such
use.
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