G-07-09-13-10E1 - 9/13/2007 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1, SECTION 1.1000.1,
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, IMPOSING CERTAIN RESPONSE TIME REQUIREMENTS
FOR POLICE PERSONNEL, FIRE PERSONNEL, AND PUBLIC
SAFETY PERSONNEL; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
WHEREAS, the City Council determines that there is a need
for sworn police officers, fire fighters who are entitled to
civil service status under Chapter 143 of the Local Government
Code, and certain other designated city personnel to be readily
available for emergency situations; and
WHEREAS, in order to be readily available to respond to
emergencies, the aforesaid personnel must be able to present
themselves in a very rapid manner to emergency scenes and
situations; and
WHEREAS, the City Council determines that there is an
additional need for immediate backup responses when major
emergency incidents occur; and
WHEREAS, the City Council determines that forty-five (45)
minutes is the reasonable response time for the aforesaid
personnel to be required to respond to emergency notifications;
and
WHEREAS, as used in this ordinance, the term "reside" shall
have the legal definition meaning the place where the City
employee has his/her true, fixed and permanent home and principal
place of residence, and to which whenever he/she is absent,
he/she has the intention of returning; Now, Therefore
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 1, Section 1 . 1001 . 1, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended by adding
paragraph (3) which shall read as follows :
(3) Response Time Requirements
In response to the City's need to have its licensed police officers readily available for
emergency situations, all licensed police officers hired on or after October 1, 2007 must certify
to the Chief of Police, not later than 120 days after the person's hire date with the City, that
he/she resides and has his/her true, fixed and permanent principal home within a forty-five (45)
minute response time location of the City's designated Emergency Operations Center; and
further that he/she agrees to continue to reside within such forty-five (45) minute response time
location for his/her duration of employment with the City, or be subject to dismissal from
employment.
II.
That Chapter 1, Section 1 . 1002 . 1, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended by adding
paragraph (6) which shall read as follows :
(6) Response Time Requirements
In response to the City's need to have its certified fire fighters readily available for emergency
situations, all certified fire fighters hired on or after September 24, 2007 must certify to the
Fire Chief, not later than 120 days after the person's hire date with the City, that he/she
resides and has his/her true, fixed and permanent principal home within a forty-five (45)
minute response time location of the City's designated Emergency Operations Center; and
further that he/she agrees to continue to reside within such forty-five (45) minute response time
location for his/her duration of employment with the City, or be subject to dismissal from
employment.
III.
That Chapter 1, Section 1 . 1008 . 1, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended by adding
paragraph (3) which shall read as follows :
(3) Response Time Requirements
In response to the City's need to have certain personnel readily available for emergency
situations, all personnel in the Water/Wastewater Utility Department hired on or after October
1, 2007 which are required to do so by the Water/Wastewater Utility Director must certify to
the Water/Wastewater Utility Director, not later than 120 days after the person's hire date with
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the City, that he/she resides and has his/her true, fixed and permanent principal home within a
forty-five (45) minute response time location of the City's designated Emergency Operations
Center; and further that he/she agrees to continue to reside within such forty-five (45) minute
response time location for his/her duration of employment with the City, or be subject to
dismissal from employment.
IV.
That Chapter 1, Section 1 . 1009 . 1, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended by adding
paragraph (3) which shall read as follows :
(3) Response Time Requirements
In response to the City's need to have certain personnel readily available for emergency
situations, all personnel in the Transportation Services Department hired on or after October 1,
2007 which are required to do so by the Transportation Services Director must certify to the
Transportation Services Director, not later than 120 days after the person's hire date with the
City, that he/she resides and has his/her true, fixed and permanent principal home within a
forty-five (45) minute response time location of the City's designated Emergency Operations
Center; and further that he/she agrees to continue to reside within such forty-five (45) minute
response time location for his/her duration of employment with the City, or be subject to
dismissal from employment.
V.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at
which this Ordinance was adopted was posted and that such meeting
was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
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(xL ,t. (t tt_puc-
READ and APPROVED-1on first reading this the day
of2007 .
READ, APPROVED and ADOPTED on second reading this the
day of , 2007 .
NY LL, Mayor
City of Round Rock, Texas
A FST: .
( I� k. »
CHRISTINE R. MARTINEZ, City Sec tary
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DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: 10E1. Consider an ordinance amending Chapter 1, Section 1.10001, Code
of Ordinances, to impose certain response time requirements for
licensed police personnel, certified fire personnel and certain
designated utility and transportation personnel. (First Reading)
Department: Human Resources
Staff Resource: Teresa S. Bledsoe, Director of Human Resources
Justification:
This ordinance will provide a response time requirement of 45 minutes to sworn members of
the Fire and Police Department and certain designated City personnel. This requirement are
designed to ensure that sufficient personnel and equipment are available to respond to,
mitigate and recover from emergency situations that arise due to man-made and/or natural
disasters.
Funding: N/A
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Consistent with Section 150 of the Texas Local Government Code the City can not require
residency within the city as a condition of employment. However, the governing body of a
municipality may prescribe reasonable standards with respect to the time within which
municipal employees who reside outside the municipal limits must respond to a civil
emergency the standards may not be imposed retroactively on any person in the employ of
the municipality at the time the standards are adopted.
Public Comment: N/A