HomeMy WebLinkAbout19967 ORD - 09/08/1987AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 39, PERSONNEL,
BY ADDING A SECTION 39-18, RESIDENCY OF OFFICERS AND
EMPLOYEES; PROVIDING FOR SEVERANCE.
WHEREAS, the 70th Texas Legislature during its 1987 Regular Session
passed, and the Governor signed into law, House Bill 824; and
WHEREAS, House Bill 824 generally prohibits cities from requiring
residency within the municipal limits as a condition of employment, but permits
the governing body of a city to prescribe reasonable standards within which
employees who reside outside the municipal limits must respond to a civil
emergency; and
WHEREAS, the City Council finds that the City of Corpus Christi has
been and will be, exposed to hurricanes, storms, fires, civil disorders, serious
crimes, public utility outages, and other civil emergencies; and
WHEREAS, the City Council finds that in order for the City of Corpus
Christi to meet its obligation on behalf of the public as a whole to protect
life and property during and after civil emergencies, firefighters, police
officers, and all other city employees must be available on short notice for
duty related to such civil emergencies; and
WHEREAS, the City Council, after having duly considered the gravity of
civil emergencies which could arise and the need of the public for prompt and
effective response thereto, specifically finds that a reasonable time for
response by city employees in the event of a civil emergency is 60 minutes
traveling time from their residence to City Hall. -•
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Corpus Christi City Code, Chapter 39, Personnel,
is hereby amended by adding a new Section 39-18, Residency of officers and
employees, to read as follows:
Sec. 39-18. Residency of officers and employees.
(a) City employees may reside outside the city limits.
Employees shall, however, reside in such a location as
to be able to reach City Hall within 60 minutes, by
traveling in an automobile at posted speeds in ordinary
weekday traffic.
06P.069.01
_19967 MICROFILMED
(b) The City Manager is authorized to permit exceptions to
the residency requirements in this section pursuant to
written guidelines promulgated by the City Manager
which establish good cause for exceptions and objective
criteria for deciding whether to grant exceptions.
Such good cause and criteria shall include but not be
limited to considerations of the distance and traveling
time from the residence to the city limits and City
Hall, special circumstances of the applicant due to
family or other factors which cause residency
requirements to place a substantially greater hardship
upon the applicant than upon city employees generally,
and the importance of the particular applicant's job to
the public during a civil emergency.
(c) The City Manager shall establish a time period not
exceeding six months within which the requirements of
this section must be met by new employees and officers,
newly promoted officers, employees and officers whose
exception has been terminated, and others whose change
in status brings them under this section.
(d) As used in this section, "reside" means routine bodily
presence and physical habitation of the location,
except for temporary departures such as vacation or
business trips, and includes but is not limited to
sleeping at the location each night proceeding a
workday.
(e) As used in this section, "ordinary weekday traffic,"
means traffic on weekdays, excluding holidays, based
upon the employee's arrival at City Hall at 8:00 a.m.
In case of dispute over a particular residence, the
City Manager shall cause a test to be made for five
consecutive weekdays over a one week period, and the
average determined shall be final.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
06P.069.01
That the foregoing ordinance was
second reading on this the as
fallowing vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoing
third reading on t
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
That the foregoingn
this the day
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
hisinthe
ordance) Als
wa
read for the first time and passed to
day of ,(l�4A" , 19 8% , by
read
day
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
for t,be second time
of „,4(eITYLIJJUL)
Cl if Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
ordi nce was read for the third time
of ,�J�m QJL'D, 19 k'7 , by the
Clif Moss
Bill Pruet
'Mary Rhodes
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the day of
ATTEST:
City Secretary
Vvf,
its
the
and Sassed to its
, 19 rj , by the
and passed finally on
following vote:
A P OVED: 7
DAY OF , 19Zf
Ci y Attorney
99.044.01
MA
THE CITY OF CORPUS CHRISTI, TEXAS
19967