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Home My WebLink AboutCC 1981-03-23 Agendas MARCH 23, 1981 .6e, sir Manch 3, 7981 g'. Chances W. wittiams P.O. Box 18609 Fact Wotth, Texas 76718 Dean Sin: I would apptecinte cm/ much being peaced on gout agenda Oat the meeting o4 Macch 9, 7981. My puerpooe Ainz this &quest ie to obtain a van,iance to the bn.icb ondinance 1.04 goa muttt-4amiey apartment units to be conotaucted by out company. Sincenety, Ticeti l.. Bob Ash Pne6.ideivt Penma-Steel ConAicuctton Co., Inc. BA/we City of ~rth Rich1and.Hills, Texas ___ ~I 0/ _ I \! ~ March 6, 1981 Mr. Bob Ash, President Perma-Steel Construction Company 7434 Tower Street Fort Wo~th, Texas 76118 Dear Mr. Ash: Reference your letter of March 3, 1981, requesting to be placed on the City Council agenda, the following information is needed: 1. The address where the multi-family units are to be built. 2. Proposed plans and number of units. 3. Type of construction material. 4. Any other information pertinent to this construction. I need this information before your request can be considered by the Ci ty Counci 1.. jrn (817) 281-0041 / 7301 N.E. LOOP 820 / P. O. BOX 13305 / NORTH RICHLAND HILLS, TEXAS 76118 Match 11, 7981 Mt. Charts W. Williams City Manager Notth Richland Hitt6, Texas 16718 'Nat Mr. Wittiams: Re6erence gout tettet 06 Match 6, 1987, the 6otiowing it6okmatun ih herewith submitted: 1. One set o6 peaty with plot plan and matctiat6 lint indicating addtes6 o6 proposed multi.-6amly units. We propose to begun with two 121 Soul-ptex units and continue construction untie the entice tract ih developed. A6 in out pteviou5 appearance be6oke the cowncit, We propose to use conctete tee shakes on the side walk areas. 7h6e will tequite a vrv&(aue to ordinance 1.04. I would ve.ty much appreciate being able to bring this 'request be6o&e the connote at the cattiest possible date. Sine e try, DC Bob Ash Ptehident Petma-Steet Cennt:act.ion, Inc. 6A/wl rH~ Form 2005 VA Form 26-1852 Rev. 2/74 o Proposed Construciïon o Under Construction u. s. DEPARTMENT Of HOUSING AHO UlM.. DEVELOPMENT fEDERAL HOUSING AOMlHi~' TRA TION Po, aêeN'.CC ..,ilrer ~( cat~,,~ c:opia, lor. ma, be ..panted alona abov.: fold. Sup!. C'o..plc¡.;ed .1Mee. c:oal'Che, in or..'.al cwdcr. Form Appl"oved. · OMB No. 63-R0055 DESCRIPTION OF MATERIALS No. (To be inlel1cd by FHA or VA) Property address Mortgagor or Sponsor Confrador or Build.,. City Stale (Name J (Åddlal) (Name) (Addraaj ~ INSTRUCTIONS 1. For additional infonnation on how tlus form is to be submitted, unless ~red, then the minimum acceptable will be assumed, Work number of copies, etc., see the instJUctions applicable to the FHA exceeding minimum ~rements cannot be considered wùess specifically Application for Mortgage Insurance or VA Re<J1est for Detennination of clelicribed. Reasonable Value, as the case may be. -t. .II1clucle no alteJDa<es, "or elJlal" phrases, or contradictory items. 2. Describe aU materials and equipment to be u:;ed, whether or not (Consideration of a request for acceptance of substitute materials or shown on the drawings, by madcing 1111 X in each appropriate check-box equipment is not thereby precluded.) and entering the infonnation callt'd for in each spøce. If space is ~. Include signatures required at the end of this form. inadequate, enter "See misc." ar"j describe W1der item Z7 or on an b._ The constJUction shall be completed in cornp1i::mce with the related attached lIheeL 1HE USE OF PAI.~T ~AINlNG MORE 1HAN FIVE- drawinþ and Specifications, as amended during processin¡¡o. The specifica- TEN"IHS OF ONE PERCENT lEAD BY WElGlT IS PRQfiB(1ED. tion" include this Description of Materials and awlicable Minimum Pro- 3. Work not specifically de"ç"bt,d or shown will not be considered perty Standards. ._ 1. DCA VA TION: Bearing lOiI, Iype 2. FOUNDATIONS: 3rClc7e as re7u¡red Footings: concrete mix Foundation wall: material 5 sa c /( I ntcrior foundation wall: mate..-iai II Columna: maleriaJ and size. Girden: materia! and sius _ 8ueinent entrance areaway ___ Water~ · OOG"p0fr.,,~~h.://~?~ TrrßÚte proI«&ioa ---':..~Jl 6"0/1 Buemendeu apace: ground covet SprciaJ 1oundatioDl Additional informatioa: ~. _ . ..1. ¡ atrrngtb ,.i Rri 1forcinc t.Y'ifl/7~/r. ml X Reh~lOrcinl S(:(! p/qrzS /I If P~y four,datioa waD CQncY-ðf~ ' Pien: material and ~inrorc~nl Silla: material WiDdowareawaY' Foocins draW ; in~1ation ; foundAtion venti 3. CHlMNlYS; Maaerial -- Pr.,tabricaled (_~ "''¡,iu ) Flue lininl: lnale ria I 'ic¡;¡~ fI~ aize VenIt (1ftIII""/ ;uu/ 'tel): P'. Of pt' hrac.er ~___ Additional iAfOnnaûon: _~ 4. fllEPLACES: Type: a lOUd furl; O,..-burning; I:!f'dñ:ulator (.,..¡~ IIi',,} l-k,) Fireplace: fu.ång ; linin" __._. Addiciona) information: s. IX1BIOI WALLS: 2,J1 X ð"p· / II .. . 15 Pb/t Wood frame: wood gr.de,~ ~.ies Y.? oY"..JY l.i2 Ie; o.c. "ftr"Comer braciq. BuJld1nc paper Of' felt _ __ L / .:/1 24-" ~ Sheathin! S TY /"'0 oa ""- .: dlicknns -'~_; width . ; L.':J lOlid; 0 apaced N o. c.; 0 dil.paI: Sidins -. ; I"ade -- '-; type ; aize ; expoIW'e N; raatc:.'ÎnI Shincla ; grade ; type ; lize ; rxpOlW'e N; WlrtlÌftg Stucco -' tlùc~ - -~. Lath~ ; weipa Mamnry vcnee. Cc)/fvr~~4 stone- ~ ~ 5:1' ~f', UluebWOOc(ðr anj/e Due ftaahiD¡ I .L" L_ ",. ~~-:-, .L....L____ ",' facinl m&ltTiaJ . MUDIU'y: 0 IOlid 0 faced 0 atw'tJc.cocdj Iota wa:& IßlClUleu ..wq U1_....... . BKkup m.-.eria.1 ; ,~ ": bonding Door ail.. Window úlb Uatcb Due Rubin! _ . Inlerior .....facn: dAm~ti¡'~ _ coat.; .,t._ , _ . ; furrins. ,. Addiaianal inJOrmatioo\: fJof; On? ,'(2/t::It,'! ~ ~~ con~f. ~~qd~ rdcl J:Y<?od .' ~ !3 £xaerÎOr paintiu,: malerw _O//Þ?lse Or I ! ~}~ Dt::v~eNC:./,~(;!q· d i..- III, ff. tG) /U,!:f,JÓofcoaal_ Gable wall cooatruction: 0 ...me ." main wall.; ~ OIher CQnllruction J/~ r~!;WOO ~ '/ ¡(:2 _ t:7 :s _ G .C. __ 6. FLOOR FRAMING: JeonGia": WOCMJ. ¡raDde, and lP«ftin rbt' ~_ It n-/ .-- t dO(her ._... 0 If. -, -= j brid&in's-eé - /yl~h1 #- z ; an.~~:..__ 4 C:R1e aIab: b.u("mrnt oor; !P'ii..1 oar; L:'~ ;~un ~upparocu; Ie "IUPpa.';.; mm ~......;. .._..__ _ ftiab-c:ia, 'iJf 5 bar.s f:i> , CJ.. 0, c · e. n·:. anaub tlOQ ; ,,,em branc: Fill under .lab: malt" rial S a IJ d _; Ihiebeaa 4 Additional i nfonna tit'" : , FireølKe ß~ aiu ,-; )¥&l.er ~Ier - . 1 ; h\~nh Aah d~Jmp and clean-out ; manlel ib.. 7. SUUI.OOIuNG: (DelCTibe u. il;;.;orillfl lor '¡ ~;ial flcOl'l unci.,. item 2 I.) t.faaerial: srade and lpecåe-s_ Laid: 0 fint lloor; 0 IIrCOftd ftoo'r; 0 attie -_ sq. ft.; 0 dia¡onal; 0 rilht aD(lea. ; 4Lze ; type Ad; itional information: .. RNSH FI.OOIJNG: (Wood only. o..a;be oft.... fir-sit flooring unci.,. i, iìIfI 2 J .J LocA TlON R()()WI GRADe Fine "001' a ;; rooJ??~ /.:- Second floor Attic 11001' ~ I. n. Additional inlOrmalion: s,r.a&.:;;; THICItNUI WICT;"i Ik.oo. PArLa F~UH ~.~'= i¡!.f On -o¿Zt7 oyer- coacn::le:_ s / DESCRIPTION ~F 1M TERIAlS 9. PARTITION FRAMING: - DESCRIPTION OF MA TERJALS Sl_~ Y.l?or¡;Ÿ- 21/¡(4~/~IIO.C. Studs: wood, grade, and species Tal .ize and .pacing _ Additional information:. 7) 10. CHUNG fRAMING: 18 X 4' LA 7/1 on .s;lßt::1 rY"é/Q1e (S~e dera/I Joists: wood, grade, and species Other Additional information: Other Bridging 11. ROOF FRAMING: sle~/ /'rai'n~ (See c/ðfa,! J Raftrrs: wood, grade, and species ¡(oof troue. (see deLad): grade and species Additional information: 12. ROOFING: II l'x4¿ - 24o.c. ; 0 solid; 0 spaced _ H o.c. U nderla y Built-up roohng . Flashing: m~terial ga /~ I ran Additional information: ; size ; type ~ weight or thickness _; size ; fastening na / / ~ number of plies ; suñacing material ; gage or weight . Z 6 ; 0 gravel stops; 0 snow guarda 13. GUmRS AND DOWNSPOUTS: , Gutters: material ; gage or weight Downspouts: material ; gage or weight Downspouts connected to: O.~torm sewer; 0 sanitary sewer; 0 dry-well. Additional information: ; size ; shape ; size ; shape o Splash blocks: material and iize - ; number 14. LATH AND PLASTER Lath 0 walls, 0 ceilings: material ; weight or ¡hickneu P1a.stey coats _; finish Dry ·wall 0"" walls. Œ(cejlings: matc.-rial $.h t: t: f roc I<. _; thickneu 1/2 ~ ; finish L... e )( fu r~ Joint treatment rC/p~ /~ b~d,~ 4 r~bM 15. DECORATING: (Point, wallpaper, etc.) ROOMS WALL FINISH ~IA TUIAL AND APruCA nON CuuNG FINISH MATr.alAL ANÒ ArPUCATION II ðlr~.or It II // II /1 /I I 1/ /¡ Additional information: 16. INTERIOR DooR~,AND TRIM: / Doors: type !Z:.. c. ~¿¡nt: Door trim: type" .;;fo~1< ; matc.-rial ~ Fànish: doors sf;.·n varnIsh 0,. /t3C t:/ðr Other trim (IItm. ~j'Pt cJnd /c)(ulw1I) Additional inforn1at¡un: ___ 17. WINDOWS: A / , \V.iOcJOWS.: l)'f>t' 5eeplt:1l?$ ¡make.- (f/ðnco ði"'ðf. ; ")it ter}.t I !.JVhJlnp)?')· ¡'lashthicÀness Class: gradt' 0.5. ð. ; 0 lash wdghts; 0 balances. type rr/(:;r/(:Jn. ¡ head fla¡hingL~/f Trim! Iypt' sfool d A prrl!2..-; material JV.¡D. Paint enan7(~1 j number coats !J WC'athrrslripping: 'ype.L::i6_-L..9øs/t;.~1 ; material WOO/ t/ tl/(/.n?/~~n? Storm sash, number Scrt't'Os: 0 full; 0 half; t)' µr ; numœr i screen cloth ma&erial Basemenl windows: t~·pe - -; fnalerw 1; acreens, number Special windows e Additional information: t::Ih eX!. doars i 11. ENTRANCES AND EXTERIOR DETAIL: see . Main entrance door: mate-ria: Ty.,P1'!. :t ¡width P¿t:ln ; thickness /~ ". Frame: material w.p. ; thickness_" Other entrance doors: matt'ri..1 PL/Je ; width.r /I. ¡ thickness~lI. Frame: material Ii ; thickness_" Head flashing G. I. '2 G;; 3t:f· _ Weatherstripping: type s'pr/-!?!¡ bro"z~ j saddles oa/< Screen doors: thicknr!s .L.f4..:'; numbc.-r -_; ICreen clolh material gt:1 Iv: Storm doors: thickness _ "; number Combination stonn and scrl'en doors: &hickness _ It; number _ t screen cloth maCt~rial Shuuers: 0 hinged~ ~fixed. Railings . J Attic Iouven Exterior millwork: gradr and 'l""jes......ß.i:z.e. (Sðe plt:1I'1s...) Paint r::.nam7 Additional information: 19. CAIINETS AND INTERIOR DETAIL: Þ.' . S ~~ ~ /I Kitchen cabinrts, wall units: I,natc.-rial P Ir.~i? t:?r A /Iih . i lineal feel of shelves "R/øn..$. shelf widtJ" II (2 Base units: lTIaterial £j"::&h Or Ash ; COunter top For.m~c..4 OY" ~9- ¡ edging .:sa~~ ~~~~;:b:~n::~ s:;~I~in :~¿Ið/~~t~1s -~, Fi~; of cabinets ; ~~~~~ 41 ~~c~pe~~r ~;'~~/tì, Additional information: J/4.r!l:¡/~(' % -;:;-e ~:~%q ~-fMar¡i~~llb"4/J ~ 4/1~pbs~. 20. STAIRS: Base: type 4. h A ,/- /3~1I v/rc or /'fSn ; thickness _ 76 S':fCI<. j "",!"al 1f~~' e_t:Jn'Je/ .J.2 ~f~ _ t material ; size ; trim .: ; Storm s.uh, number ; number coats ..3 T R I::. \OS RISERS STRING!' HA~&)IlAIL B"LliIT£kS STAlk ~t.ltt:r¡aJ Thickness M...t('rÏ4kJ ThtckneM M~te.ul Size M4atrrÏ4kJ Siu ~tC'Tt&J Sâze Baxment Main Attic , - Disappearing: make and modclnumtxar Additional information: :,"'....,,_..:,~ 21. .. SPECIAl R.ooRS AND WAINSCOT: LocATION MA 1"U1AL, Cot.ç>a, 8o.:~)aa, Sau, GAG I. ETC. THa.I.IHOLD W ALL BAlE U ~Df.UlboJl ;\<fA 1'UJAL MATDIAL MA'fE.IUAL /I /I H&lCHT HtlGHT HIJCHT IN SHOW1!JlS Ovr... Tua (FaOM FLOCk) R K¡tc~n' Æ Bath S I i Bathroom acceuoriel: 0 Receued; material Additional information: ; number __; 0 Attached; materia) ; number 22. PLUMBING: FIXTUU Nuwau LocATIOM SiDk Lavatory Water cloeet II Bathtub 1/ Shower over tubð. I Stall .bower ð. ß II Laundry trays Mn·. Fuerou 1D&M1'1"CATION No. Slza CoLoa a t!/. l::t.æ( CurWD rod ð(!:(Door ~Sbowe~' pan: material ¿ead Water lupply: á"public; 0 community Iystem; 0 iDdividual (privaee) ayatem. * Sewage dispo&al: Œ(public; 0 community Iystem; 0 individual (private) Iystem.* *Slaow and dnm'he inJiuiJUlJI sysUm ;11 comþ~u tÚtQil ill MþtufIú ...." tuIIi sþ«JfiaJlitJIU «&fWd;", ÛÞ 'If'Mirwmmls. Houle drain (imide): r!f cast iron; 0 tile; 0 oth~r Ho aewer (ouuide): ~ cut iron; 0 tile; 0 other Walei' piping: 0 galvanized atcd; [!1' copper tubinl; 0 «her . So ~ Sill COCD, nwnber S(!!(!!. ,p/arIS Domatic wakr heater: typeatlÆ·r~COý"d t; make and model ~ C 5Z-Z!?S; heating capacity 3 o. 2 gph. 100· 1Ùe. SIOnoF~: material I· ; C&p5City 6.2 gallom. Gu ICrvice: 0 utility company; 0 liq. peL ¡;u; 0 otbet Gas piping: 0 cooking; 0 'hoUle heating. Footing dram. connected to: 0 .tarm 1eWU; 0 &&DÏ&ary 1IeWer; 0 dry weU. Sump pUmp; make and model i CApachy . n . ; di8cha.r¡el into u. HEATING: (S~~ hegli'?:J ., 4. c. b3t?vl~.!/ o"¿h~rs.J [J Hot water. 0 Steam. 0 Vapor. 0 O.-ae.p.pe 'YI~. [J Two-pipe lyacem. [J R.adåaton. 0 Coavccton. 0 Bueboard radiatiOo. Make &Ad model Radiant panel: 0 8001 i 0 wall; 0 ceiling. Panel c:oål: material o Circulator. 0 Return pump. Make and model ; capacity gp.¡n. Botler: make and model Output Druh.; nee ra~ing Drub. Additional information: Warm air: 0 Gravity. 0 Forced. Type of Iytt<:m _. Duct material: supply Fumace: make and model Additional information: o Space heater; 0 floor furnace; 0 wall he..ter. Input Make, model ~ttml: ~keand ty~ Additional infonnadon: Fuel: 0 Coal; 0 oil; 0 gUt 0 liq. pet. gal; 0 electric; 0 other Additional information: Firing equipment furnished teparately: 0 au burner, c~\'enåoa type. 0 Stoker: hopper foed 0; bin feed 0 Oil burner: 0 preaaure atomizing; 0 vaporizing Make and model 1\ddhional ¡nronn.tion: EIecÞic heating IYllem: type Input wan.; @ . ~It'j output Additional information: _'V-'''- . , Ventilating eqwpmenl:r~. fran, make and model ')¡('/1"a;u~ .,R e- ~q. Or f'-4(/~/- .; capacity /2 50 kuc:hC:4 exh<aual ran. n.~ke .HId model &fon_~ ~-¿~. '~~) Other healing, ventilating"or cooling rquipmet.1 Nvl-one CJ~ ~. !vi - tó&f6.¡f . ~ q Z. if ¿ ; return Inlulation . _ Input , thickneu Btuh.; output o Outlide air intale. Btuh. Btub.; output Additional information: Btuh.; number units ; storage capacity Control "'''' ........ BCuh. c:fin~ -~ 24. ELECTRIC WIRING: Service: ~ overhead; 0 wlderground. Pantl: 0 rUle box; l!r'circuit-breaker; make Wiring: 0 conduit: 0 armored cable; ~nonmdallic cable; d knob and tube; 0 other Special outlets: ~range; 0 water heater; 0 other o Doorbrll. ~Clúmes. Puah-bunon l~tiOlu /ronl door ;V¿/h?n~ Additional inronnation: AMP', ~. ".. J'?t! r No. circuit. COQ!ð 25. UGHTING RXTURES: s¡::.~ Total number of fixtu~ ¿:JlanS / . Nontypical installation Additional information: "-'0 TOI&l ~lo\vance ~r fixtures, typical installation, S--.. 800 - -............... 3 DESCRIPTION OF MATERIALS DESCRIPTION OF 1M TERJAlS 26. INSULATION: I..ocA T10N I Tttx:uI.. .. MA'IUIAL. TYra. MIlD t.ta"1"MOO (w INlTALLATION V A lOa BAaluu Roof Ccilinl Wall f100r HARDWARE: (man, malr8tial, and finis".' Wðls~r or o/(lt:1/ rantJi!!. 27. MlSœJ.ANI:OUS: (Oescribe any main dwalJing material., eqùlpment, '" corulrucliol1 items not shown elsewhere; or use fo provide adcitional information whe,. ".. .pace pI'O~ided was inadequate. Always ,..lwenct/ by item number to correspond to numbering used on 1Iti. formJ I3q¡l-¡/~s ~~t:/ir~¡:¡/h~~ð"'~ ~a!~ yf::,,,,IS aret/sec(. ªr!f~r ~ 1L~J/e~7~?r7b oc/Tsid~ . POlGES: 411 Concr~/<:;. .·-;/ctb Conslr-ucf/oYJ'-:>4n1e as hO¿lse -IACIS: ~ c~J?creles/¿¡/; - -Jt;p xG? /~co Wlr~ rnðsh GAIA_: WALKS AND D"~An: _ Driveway: width D' ~ n ; baN' material 2.Ø... r) vi ; thickneu 4 "; surfacing material Front walk: wid,h / 51 : material cone Y<~ f~; thickness -4...... Service walk: width 3/ sCf1)I: mat~rial COY1c~(!,f~ _; treads /2 ...; riIen G H. Ch~k walla co n c r <::, f ~ ; thickne. u .4- " ; material COne.; thickneu~" 0''" ONSITE IMPlOYEMØlTS: ( Sþ«!b .11 ,xI"i., . If' il'. i "'þ'.w"""/ ..., t/"n-ilH" ,lHwlr,,,. i.lilt/i,., ii,,,,, 111(/1 ., "1f1U1UI1 I''''ii". t/,.¡"." "rwl ""'. "/o¡lfi,,, IWlIIt. J;"". ,.ililfl', ."d .'""-'.1 ,trllll.",.) ~aYd -k_j¿t: /~ydfg.d Ór~dðcL C1l"'ad~ . ~ /f!:.-f dr-¿-¡,;, Ø'U;AL-I /-ypm ht:7~st'!. v LANDSCANfQ, PLANTING, AND FlNliH iHÃDlNOt (A"H'.A. t¥ /. A. ðnlfJ) TopIOil " chit.: 0 fronc yard: LJ akAe )'.u-da; [J rat yard &0 (cct behind main buUdin,. ....w'" (I~. .~, or iþriu"J: C !'ront yard - ; [J ... yard. ; .a rear y.m _ Ptantins: [J a. aptCUì~ and .hown on drawå.1p; 0 at follow.: .' . I ShIIde trea, deciduou.. 2 H cali,.-.. E~1'¡RaI trees. Low ftowmn, arm, deciduous., __' 10--..' E\'er¡reen abnibl~ High-srowins ahrubs. deciduous, _ _' IO--+-' ViDea, 2-year Medium-srowin, ahrube, deciduOUl, __' 10 _ ' Low-lrowinl .hruba. deciduous, __. 10_' ID&NTlftCATlON.- Thil -exhibit ahaJJ be idcntifid by the 1Îp&þU'e of the builder, or IJXIGIOC'. and/or the propoaed mOl1Psor if the latter' Î.I known at the time of application. " , 10 'to " B " B. '. B " B. Date Sisnat~ PItA Porm 200S VA Form 26-11!2 SilMtUte . . . FETITIOIV We, the undersigned homeowners and taxpayers residing on Rumfield, Eden, and Kirk Lane in the city of North Richland Hills, Texas, do hereby respectfully submit to the City Council of this city, our protest to the action of the Zoning Commission in granting a change from Agricultural to Fì-12 One F'amily zoning on the property at the northeast corner of the Rumfield- Kirk intersection. We feel it is in the highest and best interest of the property owners of this area that this zoning be denied. f'Tame i Ý){/~' , n·~ '<~fvv-;' lJ-(};{ /(); ßUv4 , ,/ /\ .,~·~~t···· fl' f /i~.: ð (. ,..I ri,,/) .-£-~(. ......--.'. 7 ~ . ',,' /' ,I) /) (' (.)' l-'t.... S. ~. .....-<-....... 1 .I ,. "l· ) /.. . P ." '//j':¿¿/ ,./-:/-ft' ~~/,t-t/-j / ;éév/:,;? . ,rl~ y ~¿,/ éf ' /1./,'" ./. .~ . . . .,..,. .' ,j...... « __/;1./ ,,"t'~b.. C;q.~¿< 1~" , /' / 6.,..-tf' F"" "'1f-µ"/:;'~' . ~.<~/' .~. ./11 ~~# /? ''''1''1/( a~1 ,¡. ',(/ "./.., c..i-' t' ,J. .,../ ,~~ í E~[ Lk_ I .. .' / / ( .~ //" /'/ t ,,;' )t / " i /, ¡\ ß ,./'/><.1, :"'. {' , /:<1/ '.l:,.",f-,.,,-c;/-~, "- /'-"¿." t /"'\/ ~/ L· "~'- i I v /1 / '¿A .'\ ,l'.. ¡ .1 .', ,.1 £... / //,//¿'ll:r~ 00'0::" £.#,1.-'1 þ'V/ r· ..; , Address ~/ ( , /' .f . / I ./ l/ ,./'1 ,) \1 ~,//f '1/ ,if ,'; i t,\,Ú~ÎIZYA.f! l' .r") .' / r'1 " /' ¡f ,7 / Ix '{,<-N~~(,cl:/ (, :...... ð& !~/w ?~e' ) Z:;" / j " t~/ '-1 '/ .-' (("~"/ r_¥'~"'" /-' ~~f /;1 ,l-:"l~;7 l~/lyl ,'-~7 ,;-' /1 ¿~/ T ,7 /1 ¿- ß·"J Il~ 7 3 05- {:'fætA._ ¡/(!¿V I /,,:>1 ,/ ,/.,¡,~ f __/.'-,1' .. ,,/ ¿-.... ¿. t /'-~. , ..I'~l '7 / .:> I .. /' i I .. I I -7 3/~~ ~') G' i '~. ¡/I} .. t..," .Æ>---- '1 . ¡{:./ C I Size of house & Property ,s / {) c:: 17 r.)' C[ Crr..s~ L:<-" /L~ /1/1> 1)~tJ-- ~ (". c.. ':....<. /þ 'i/):::2 /-' .<1 .--;;) ¿..- / Þ/·"~,.; .-' "I . (,/'{/ I , l-léY¿? >___1¿1VÚ / lle,rc- I /ìé.f{£· ,I / "Þ- ?:. 0- ·C ,:-.,,2.--(; '\ /':' ~ ~., "'''. Y'" C~-"",,~ _J I y::..;r- ;J ~ ""...... ",,:::1 )'" ....... .... 1 ¡ f ; r '-"_. " ~ L¡p \..- /./ /I"')~' (' / C. í.. ) ./ "2 ¿).:;."J D DATE: r1arch 18, 1981 , Building on Grapevine Highway SUBJECT: Address: 8013 Grapevine Hwy., Lot 12 Block 23 Clearview Addition DEPARTMENT: Inspections BACKGROUND: This building was permitted 7-22-80 to be built for a upholstery shop. There have been only three inspections to this date. one for pier holes~ one for foundation, and one for rouqh-in plumbinq. Construction has stopped and they are having an estate sale in the building. The Building Inspector has left a red tag on the premises to cease all operations and to notify- the city's Inseection Department for an inspection and concerning finishing the building. K ~/ ~, . Bill Rice CITY COUNCIL ACTION REQUIRED: BUDGETED ITEM: YES NO ACCOUNT NUMBER: ------------------------------------------------------------------------------- ·7 1-1 E ~<.LG$'TJCí\l /913.-....2 (<..,1 ,'9 ....:) . L( P' ,fS, 'Y 1:3,:Z c {~-- {.;- If r / , rn fZ -s l3 Ý /~I µ ';9 'r '7 ff ¿ ~3 - . 5" - S' I rn ¡q. ¿ or I N Cr- --,.-'- ---'-...'..__u.____ . -- -- '..-.--.-.........-.-...-. ..--- -~-~---- - - .- ( . e ( e ( e ìvlINUTES OF THE REGULAR 1vŒETING OF THE ZONING BOARD OF ADJUSTHENT OF THE CITY OF NORTH RICHLAND HILLS~ TEXAS~ MARCH 12, 1981, 7:00 P.M. CALL TO ORDER The Chairman~ H. B. Helton~ called the meeting to order at 7:10 P. M. ROLL CALL PRESEN.T: CHAIRMAN SECRETARY ALTERNArrE Þ1EMBERS J. B. Helton Jack Roseberry ìvIartin Erck Bill Stinnnel CONSIDERATION OF THE MINUTES OF FEBRUARY 12, 1981 Mr. Roseberry moved, seconded by Mr. Helton~ to approve the minutes as written. The motion carried 2-0 with Mr. Erck and Mr. Stimmel abstaining since they were not pre- sent at the January meeting and the following vote \.¡as recorded: Roseberry, yea, and Mr. Helton~ yea. NEW BUSINESS BA 81-2 APPROVED Request of Clarence H. Dixon~ Jr. to vary from the Zoning Ordinance #179 on Tract 2A2C~ Abstract 146, William D. Barnes Survey~ to be allowed to build on two acres in Agricultural zoning without being required to put i~ the street until such time he subdivides said property or until the area around develops. This property is located south of Sayers Lane, approximately 84 feet west of where the existing paved road stops, and is bounded on the south by Crestwood Estates. Mr. Dixon came fo~vard. He said that prior to buying this two acre tract, he came in and discussed with Mrs. 'Calvert the possibility of being allowed to build without having to put in the street. Mr. Dixon said Mrs. Calvert told him she would check into it and send him a letter. He said he received the letter stating it was okay. Mr. Dixon said that about two weeks ago he came in to see about the water and sewer and was told he would have to put in the road. Page 2 Z B A ~linutes 1vlarch 12, 1981 (. 1-Ir. Roseberry asked \.¡hy Mr. Dixon was given a letter saying he did 'not have to put in the street before he CQùld build and then was told. different later.' l-lrs. Calver t said :t.¡hen Mr. Dixon firs t came in she talked with the Assistant City Manager, Dennis Horvath, about Mr. Dixon's problem and they agreed to let him build without having to put in the street at this time; then when he came in to talk to Mr. Bronstad, Director of Utilities, about the water and sewer, Mr. Bronstad said he would have to put in the street. Mrs. Calvert stated that' Þk. Bronstad said it had always been the policy of the city to require the subject put in the street before he builds. Mrs. Calvert said she again talked with the Assistant City Manager and they decided to have Mr. Dixon appear before this Board for this variance so there would be no problems. ( Mr. Helton asked about the upkeep of the street. Mr. Rice said the city does not want. to be held responsible for the maintenance of the street. Mr. Roseberry said if this is a city street and Mr. Dixon pays city taxes, why wouldn't the city maintai~ it. Mrs. Calvert said this is not a dedicated street, it is an easement. o Mr. Roseberry asked Mr. Dixon if he would agree to signing a covenant. Mr. Dixon said he would be glad to sign a covenant with the city. Mr. Stimmel asked at what time would this area be deemed as deve,loped. . I ~ c e ( e ( e Page 3 __ Z B A }linutes ì-Iarch 12> 1981 Mr. Rice said it would be when the city feels it necessary to meet the needs of that area. Mr. Roseberry said the city requires a developer put in the streets when he develops an area. ~lr. Erek asked :t-lr. Dixon if he had any plans to subdivide this property. Mr. Dixon said he did not intend to subdivide it. Mr. Roseberry said he was sure the City Staff had that stated in Mr. Dixon's request for their protection. Mrs. Calvert said that was correct. The Chairman called for anyone wishing to speak in favor of or in opposition to this request to please corne forward. There being no one wishing to speak, the Chairman closed the public hearing. Mr. Roseberry made a motion to approve BA 81-2 with the stipulation that in the covenant that Mr. Dixon signs with the city agreeing to pay his pro rata when the streets are put in that he would incorporate in it that he would also be willing at such time to dedicate that property in front as a street without cost or charge to the city. This motion was seconded by Mr. Stimmel. The motion carried 4-0 with the following vote recorded: Roseberry, yea, Stimmel, yea, Erck, yea, and Helton, yea. Mr. Dixon asked if he could ask another request. He said the existing street (Sayers Lane) was extended several feet beyond the water and sewer lines in error. Mr. Dixon said he will have to dig up some of the existing street. He said the cheapest he. could find to replace the road was $2000 ,and he would like to not be required to fix the road back. Page 4 Z B A ~linutes ~iarch 12, 1981 c· OLD BUSINESS ADJOURNMENT SECRETARY ZONING BOARD OF ADJUS~ŒNT / ( . \, Mr. Helton said this Board would not have jurisdiction over that request. None. The meeting adj~urned at 7:30 P. M. CHAIRMAN ZONING BOARD OF ADJUSTIlENT e TEXAS ~c l··" ~ ~C··' T··':O ;1 C: ~(~'.' fI ~)fit March 4, 1981 Mr. Chuck Williams, City Manager City of North Richland Hills 7301 N. E. Loop 820 Fort Worth, Texas 76118 Dear Chuck, )I '{]!b SERVICE COMPANY I have sent personal thank you letters to the companies in North Richland Hills that voluntarily reduced their load at TESCOls request 0n February 11, 1981. Due to their efforts and other customers load reduction, we were able to avoid a brownout or blackout. e . In my efforts to keep you and the other City Officials informed, attached is an internal News Report which outlines the reasons for our system capacity problems in more detail. Chuck, thanks again and if I can be of service at any time, please call. RL F / j d Attch: e Sincerely, ¡¿/.:/~ R. L. Fain P. o. aOX:.)7D ~ R T V/ 0 F' T H ..,. :: ,)t, .:..:.~ "1 Ö1 ,~) · TEL E:. P H 0 ~~ E (B '1 7) 3:3 <3 ._ '::-) 4. 1 1 .,..".,c ~ ,/ .'. . tesco roundup u.. NEWS REPORT TEXAS ELECTRIC SERVICE-COMPANY J .' REDUCTIONS BY CUSTOMERS AVERTED SHORTAGES On.Wednesday, February 11, the service area of the TU operating companies experienced extremely cold weather and high winds. The· low temperature of 10 degrees (with the wind chill factor of -20 degrees) was an all-time low for the date, breaking the previous record of 15 degrees, set in 1905. The high tempera- ture of the day was only 28 degrees.' Because of the large-demand for natural gas created by heating load anth~ commercial fuel 'gas suppliers· systems, those suppliers curtailed gas'deliveries to TU power plants by 65 percent Tuesday evening (February 10) and \.¡ent"to 100 p~rcent ~urtailment at 5 a.m. Wednesday. The TU companies are able to burn fuel oil as an emergency fuel supply, but the changeover to oil from gas was,hampered by frozen controls and frozen valves at the plants. : . .: '---,."'" At 6:12 a.m., the situation became critical when a malfunction caused a 515-MW unit totrîp off...a loss of generating capability at a time of a very rapid increase in system load requirements. A system alert had been declared several hours earlier at 3 a.m., and company management personnel were monitoring the situation carefully~-· It was now obvious that power use' by customers was increas ing at a rate that waul d cause system electrical load to· exceed generating capability by 8 a.m. Thus, the decisian was made at 6:17 a.m. to appeal -to customers for voluntary redúcti înelectricity . use to avoid a brownout:or blackout. · '," , The public appeal was carried by radio and televisionstation~' as the .lead story on the 6: 30 a.m. news. ,', :"',~, ,','-', . ><h' " ,,4., ;.-' , :.:.' ';!' . \'~, .. .' '_., .' . 1': ' ~ -~',::~.. ", .',' ..... .,:,,,. ':,~"'~ ~ t .'\- ~.'~"'~-",."'~~,'.>-'" '!,.~ . In addition, a direct request for' voluntary reducfion was"made by'te'lephone to .certain of " our large customers·'at the same, time radio and television stations were be i n 9 con ta c t e do"'" .:·i¡:". .}/;>.¡:'i~Ji:'i'~~J\.;. ":', . :-,' , ,: ,'" ">', ';: ,'. .~ .', '. ; ·The response by customers ~Ji1S' If!1mediate anci very e'ffective." The ;t~ate :at '¡:~hich load was increasing began ,to slow" and a ~erious power shortage was avoided. The cooperation of· the customers in meeting this request gave t!1eTU companies the time necessary to stabilize operating conditions.' . , 2-18-80 , - A peak load of 9,630 MW was reached at 9 a.m. Projections indicated would have reached 10,450 MW if voluntary curtailment h~d .not been The attached graphs depict what occurred No . 1 4 e FEBRUARY 11 J 1981 11000 10800 10600 10400 10200 10000 9800 9600 9400 e 9200 ~ :E 9000 8800 8600 8400 8200 , 8000 7800 7600 7400 O~ . MN 1 e . I I I I I I I I I I , . I , , I I I I I I I I I TEXAS UTILITIES COMPANY SYSTEM GENERATING CAPABILITY AND POWER RECEIVED FROM OTHER UTILITY COMPANIES \ \ \ \ \ \ \ \ \ " PROJECTED DEMAND " ~ PRIOR TO '~ PUBLIC APPEAL , , , , , , , " , , " " I ACTUAL ~ T.U. SYSTEM DEMAND 2..11..81 I 2 I 3 I 4 I 5 I 6 I 7 I 8 I 9 I 10 I 11 , . N I 1 I 2 I 3 TIME (HOURS) · A vertica' line indicates a time at which generating capability was changed due to (1) a generating unit malfunctioning causing its "tripping" or instantaneous removal from service or (2) the startup of a generating unit or a shipment of power from another utiiity system. This point, at 6: 12 am, was the critical time as explained in the attached article. 10800 10600 10400 10200 10000 9800 9600 9400 9200 9000 8800 86'00 8400 8200 8000 7800 7600 3: :æ 7400 7200 7000 6800 6600 6400 6200 6000 5800 5600 5400 5200 5000 4800 4600 4400 of MN , . , - --.... " --''II. I ' I \ I \ I , , , , \ I \ , \ I \ , \ I \ I \ I \ , , , , , , l ' , , , , ',~ , " , ~- PROJECTED DEMAND PRIOR TO PUBLIC APPEAL ACTUAL T.U. SYSTEM DEMAND 2·11-81 ~ ACTUAL T.U. SYSTEM DEMAND 2·1Q.81 i I . I ~ 2 3 4 5 6 7 8 9 10 11 N 1 2 3 I \ j . e e e !I- .. ~ ¡7 /~ì -:iJ. "It I , ~ --..... i r KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas March 11, 1981 . Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Re: 3-902, CITY OF NORTH RICHLAND HILLS, HOLIDAY WEST ADDITION, SECTION III, DRAINAGE STUDY In accordance with your instructions, we have completed our study of the effect of streèt improvements on Rufe Snow upon off-site drainage improvements required through Holiday West and offer the following comments: Exhibit 1, attached, is a copy of the drainage area map prepared by the Developers of Holiday West Addition, Section III, which shows the drainage areas included in the storm sewer system design required for development of this addition, which has been approved by you and part of which is presently under construction. This storm sewer system has been designed to handle only runoff east of Rufe Snow. Our drainage study conducted in connection with improvements to Rufe Snow, based on detailed field data and topographic studies, revealed that approximately 30 acres west of Rufe Snow presently drains eastward across Rufe Snow through Holiday West to Calloway Branch. This additional drainage area has been shown cross- hatched on Exhibit 1. Exhibit 2 is a typical cross-section of Rufe Snow between Buenos Aires and Trinidad Drive which shows that the area west of Rufe Snow in this vicinity drains to a roadside ditch along the west side of Rufe Snow. Our profile data along Rufe Snow also shows that there are low points just south of Buenos Aires and just north of Trinidad Drive which force the west side ditch stormwater overflow east across Rufe Snow onto Holiday West. We have designed underground storm drains in Rufe Snow to pick up this additional drainage area west of Rufe Snow and convey it in proposed off-site storm sewers in Trinidad Drive and Buenos Aires which would tie into the storm sewers to be constructed for development of Holiday West. We have performed claculations, shown in Exhibit 3, which indicate that oversizing of some of the storm drains in Holiday West will be required to handle runoff from the additional area west of Rufe Snow based on five (5) year frequency design criteria as prescribed in your subdivision ordinance. ~ 1 \ " , Page 2 -- 3-902, DRAINAGE STUDY We have prepared estimates, shown in Exhibit 4, of the cost of oversizing . some of the storm drains, yet to be constructed, in Holiday West as required to handle the additional runoff created by improvements on Rufe Snow. If you require the Developers of Holiday l~est to oversize their storm sewers, . as outlined herein because of increased runoff produced by the construction of Rufe Snow, then you may wish to apply these oversizing costs as a credit against assessment charges to the Holiday West Developers for curb and gutter, paving and drainage along Rufe Snow in accordance with your assessment policy. The actual amount of any such credit should be based on the as-built storm drain construction costs resulting frorn the oversizing requirements. We will be happy to meet with you and the Ci ty staff, at your conveni ence, along with the Holiday West Developers to answer any questions you may have concerning this matter. RWA:bvg Attachments cc: Mr. Charles W. Williams, City Manager r~r. Dennis Horvath, Assistant City Manager Mr. Allen Bronstad, Director of Utilities ~><._"----,,,,._...-,"'---'~'--' 1- ¥7·~.:~~·: t-·- :...:..' "'-. .:::. -~ '.'-= e :;,t.;::-:.:;,) '~~" ~oA : ~_.. .~:~~; ~. ..:.~ ~ . 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E -r- rø rø Q) OJE 0 s-cn S-:::s ::s::s ::so u I-w I-ø ø a:) cae ~. ....... e TO: 'Chuck Williams, City Manager DATE March 16, 1981 FROM: Wanda Calvert, Planning and Zoning Coordinator SUBJECT: Zoning Cases to be heard by the City Council March 23, 1981 PZ 81-2 APPROVED BY P & Z (15 were contacted) Request of Amon T. ·Adcock (W.A.H. Corp.) to rezone a portion of Tract 8, Abstract 321~ Wm. Cox Survey, from its present classification of Agriculture to a proposed classification of IF-9-1500. This property is located on the south side of Starnes Road, approximatley 1630 feet west of Smithfield Road, and bounded on the south by Briarwood Estates. PZ 81-3 Previously requested IF-9-1600 zoning, but p & Z Approved IF-12-1800 (9 were contacted) Request of J. E. Brannon to rezone Tract 18, Abstract 1266, S. Richardson Survey, from its present classification of Agriculture to a proposed classification of IF-12-1800. This property is located on the north side of Rumfield Road and bounded on the west by Kirk Lane. e e A e e e ~ DATE: March 16, 1981 SUBJECT: PI- 81-2 Zoning Request from Agriculture to IF-9-1500 DEPARTMENT: Planning and Zoning BACKGROUND: This prop~rty is located on the south side of Starnes Road, approximately 1630 feet west of Smithfield Road, and bounded on the south by Briarwood Estates. The addition to the north of this property, Kingswood Estates, is zoned IF-9, and also the addition to the south, Briarwood Estates, is IF-g. The Planning and Zoning Commission recommended approval of t~e zoning request. ~ CITY COUNCIL ACTION REQUIRED: Approval or Denial of zoning request. BUDGETED ITEM: YES NO,X ACCOUNT NUMBER: N/A ~-~~---~--~-------~-~------~------.~------~~~-----~--~-~-~-~--~----~---~-~-~--~- .....--. . ~ -----" '., .... ~ Page 8 '( P & Z Minutes February 26, 1981 ( ,. Ee Mr. Swift presented a letter in answer to the Engineer's comments of 2-11-81 11-12-80 regarding said property. He said they understand the cuI de sac · long; however, an emergency access ase- ment has been provided., Mr. Swi said fire hydrants will be install as needed to accommodate businesses. e said a more detailed topographic map included in these final plans. ..; e Mr. Swift said the are in'agreement with the Engineer's 1 ter and the revised final plat submitte his evening complies with the Enginee s comments. th asked Mr. Swift if he could ite plan ready before the council s this request. Mr. Jess P~ideaux came forward. He said he has site plans available now. The Chairman called fo~ anyone wishing to speak in favor of or in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the public hearing. Mr. Bowen moved, seconded by Mr. Tucker, to approve PS 81-8 subject to the Engineer's comments of February 11, 1981 and November 12, 1980. This motion carried 3-0. PZ 81-1 WITHDRAWN This request, was withdrawn since ,it did not comply with Ordinance #490. PZ 81-2 Request of Amon T. Adcock (W.A~H. Corp.) to rezone a portion of Tract 8, Abstract 321, Wm..Cox Survey, from its present classification of Agriculture to a proposed classification of' 1F-9-1500. This property is located on the south side of Starnes Road, approximately 1630 feet west of Smithfield Road and bounded on the south by Briarwood Estates. (e .. , 1 Page 9 {~ P & Z Minutes ~. February 26, 1981 . ~ PZ 81-2 APPROVED PZ 81-3 ~ ( Jack Angel came forward to repre3ent Mr. Adcock and W. A. H. Corp. He said this property is south of Starnes Road and north of Briarwood Estates. Mr. Angel presented a large drawing of what they plan to do. Mr. Bowen said the drawing showed.Multi- Family zoning to the east. Mr. Angel said that was in error, there was a strip of Agricultural zoning between their property and the Multi-Family zoning. The Chairman called for anyone wishing to speak ,in favor of or in opposition to this request to please come forward. There being nö one wishing to speak~ the 'Chairman closed the public hearing. Mr. Snyder asked Mr. Angel if they had consulted the property owners to the east about an outlet. Mr. Angel said they had not because they would have an outlet to the west. Mr. Tucker moved, seconded by Mr. Bowen~ to approve PZ 81-2 as requested. This motion carried 3-0. Request of J. E. Brannon to rezone 18, Abstract 1266,. S. Richardson S from its present c1assificati f Agriculture to a propose assification of 1F-9-1600. This property of Rumfiel by Ki north side the west J. E. Brannon came forward. He said he has 2.5 acres which he would like to rezone from Agriculture to IF-9. Mr. Brannon said this zoning would be consistant with the develop- ment in the area at this time. MI. Tucker asked Mr. Brannon if he planned to have all 9500 sq. ft. lots. e -- e . ( (/ \. KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas February 11, 1981 Planning & Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 Subject: 3-002, CITY OF NORTH RICHLAND HILLS, ZONING PLAT REVIEW, PZ 81-2 AG. TO IF-9-1500 We have received the subject zoning case for our review and find that we could adequately locate this property on the zoning map should it be passed by both the Planning & Zoning Commission and the City Council. RICHARD W. ALBIN, RWA/l jc cc: Mr. Dennis Horvath, Assistant City Manager 550 FIRST STATE BANK BLDG. · BEDFORD. TEXAS 76021- 817/283-6211· METRO/267-3367 ~ ," ,.. e ,~. ORDINANCE· NO. AN ~ORDINANCÊ REZONING PROPERTY. IN ACCORDANCE . WITH, ARTICLE XXIX CHANGES AND AMENDMENTS.. , SECTION 1 OF ORDINANCE 1179. ZONING ORDlNANC~ Of 'THE' ·CITY· OF NORTH' RtCHLAND HILLS,. T,EXAS.' . PASSED, APPROVED. AND ADOPTED: BY THE'PLANNING AND IOHtNG.·COfiMIsStOK AND THE CITY COUNCIL OF ~ ,THE CITY OF NORTK RÌCHlAND HILL$. NOVEMBER. 13. 1~7 t AS AMENDED' JANUARY ,27» 1975 . ' - ' AFTER APPROPRIATE' NOTICE AND PUBLIC HEARING THE FOLLOWING. RECOMMENDATION IS SUBMITTED· TÒ THE CITY COUNCIL OF THECITV'· OF NORTH RlqlLAND lULLS BY rHE PLANNING AND ZONINGCott11SSION:. .' . ..' · RESOLVED that on case No. PZ 81-2' the fOlloW1,ng descriÞë<Î property sha1". . be rezoned from A ricÜl tu're : . . ., :.' . . . ...... , ... . , : . .. ..:. . ···to .., . ~.,.. . . . . . . . .'. I. . . . . . . . . . . . . . . . . . . ,. . '. . · . . . .,. ... 1-F-9-1500 . ....... " .' , 1 ... . ' BEING 11.792 acres of land out of the William Cox Survey, Tarrant County, Texas and descri bed by metes, and bounds as' fo 11 OWS; BEGINNING at an'iron pin for corner in the South line of Starnes Road, said point being 592.1:feet East and 25.0 feet South 01 degrees 32 minutes East· . from the Southwest corner of the W.' D. Barnes Survey; , . e THENCE South. 01 degrees 32mi nutes East, 1302. 85 feet to. an iron pin for corner; THENCE South 89 degr~es 25 minutes East, 371~8 feet to an iron pin for corner; THENCE North 00 degrees 24 minutes 22 seconds East, 1306.2 feet to an iron pin for corner in the South line of Starnes Road; . . e THENCE West along the South line of Starnes Road, 415.9·feet' to the poin.t of beginning and' ccintaining 11.792 acres of land. , . I .. . ) e ~" e e fiåge 2 \ . This próperty is located . on the south side of Starnes Road. aDpfpximðte1y . 1630 feet west of Smithfield Road andbounded.on the south by Briarwood Estates... ' . ....f. .~ APPROVED BY THE PLANNING AND. ZONING C~ISSION THIS 26th fEBRUARY.. 1981. -DAY OF , ~,. '?J' ' ... '-@r ~ ~~-~. , ',' ", -- 9-'r:, ' . - ", . ... . · / f}"7'-"f..ß ../) ~ SEC~fARY ~NING AND ZONìNG 5510 . ' . BE IT ,ORDAINED "BY THE CITY COUNCIL 'OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ IS' KEREBY' REZON~D . , THIS" DAY OF » 1919. MAYOR DICK-FARAH , CITY OF NORTH RICHlAND'HILLS~ ATTEST: . - . ,éITY SECRETARY JEÁNETTE MOORE CITY OF NORTH RICHLAND HILLS . APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY . CITY OF NORTH RICHLAND HILLS j / .."..... .. ...... _.' '. . - -".'.. -........... ........... ..-............. -. .....' .......'... ..~....,.- ... .. '. ........ -.-..-. '''~'''.' .- "'- - -. ..... ...- ... ~... . -... . -.;..... . . e e e '. DATE: March 16, 1981 SUBJECT: PZ- 81-3 Zoning request from Agriculture to IF-12-1800 DEPARTMENT: Planning and Zoning BACKGROUND: This property is located on the north side of Rumfield Road and bounded on the west by Kirk Lane. The owner requested IF-9~1600, but there were severål neighbors who were not happy with the small lots. Þ10st of the property owners within 200 feet of this property have from l~ to 3 acre tracts. The owner agreed to change the request to IF-12-1800. The owner was not aware that the old City Master Plan showed Eden Road extending farther north. The Planning and Zoning Commission recommended approval of IF-12-1800 zoning. CITY COUNCIL ACTION REQUIRED: Approval or Denial of zoninq request. BUDGETED ITEM: YES NO X ACCOUNT NUMBER: N/A ~----~---~-----~---~-~~-~---~~------~~---~--~~--~----~-~--~-~~~---~----~--~~-~- :~ ,J . I ¡ '" Page 9 .P & Z Minutes February 26, ,1981 '( ( J 11"& 11IrlL'-- ....l~-\'''~I~\ò>j.1r1....~~~......P'.iI!'J.,~~,,1Æ.'''A... i ~' 'IIì1 61'¡¡. . Jack Angel came forward to repre3ent Mr. Adcock and W. A. H. Corp. He this property is south of Starnes and north of Brianvood Estates. of --: Mr. Angel presented a what they plan to do. Mr. Bowen said the dr ng showed,Multi- Family zoning to tho /' eas t . Mr. Angel sai. was in error ~ there was a s triI?, . ~f Agricul tural zoning between their pr 'erty and the Multi-Family zoning. - Th .- hairman called for anyone wishing to eak.in favor of or in opposition to this . request to please come forward. There being no one wishing to speak~ the Chairman closed the public hearing. Mr. Snyder asked Mr. Angel if they had consulted the property o~vners to the east about an outlet. Mr. Angel said they had not because they would have an outlet to the west. PZ 81-2 APPROVED Mr. Tucker moved, seconded by Mr. Bowen, to approve PZ 81-2 as requested. This motion carried 3-0. PZ 81-3 Request of J. E." Brannon to rezone Tract 18~ Abstract 1266, S. Richardson Survey~ from its present classification of \ Agriculture to a /:~sed clas.. SifiC, a."tion J of IF-9-1600. ,_.' ._~'~_.___"_---'-- This property is located on the north side of Rumfield Road and bounded on the west by Kirk Lane. J. E. Brannon came forward. He said he has 2.5 acres whi~h he would like to rezone from Agriculture to IF-9. Mr. Brannon said this zoning would be consistant with the develop- ment in the area at this time. '. Mr. Tucker asked Mr. Brannon if he planned to have all 9500 sq. ft. lots. Page 10 p & Z Minutes' February 26, 1981 { , ( ( ( \ l'~' ~ \{ ~? Mr. Brannon said that more than half of the lots would be 10,000 sq. ft. Mr. Horvath asked Mr. Brannon if he was aware that the old Master Plan of the City of North Richland Hills shows Eden Road extending due nort~ to intersect with Kirk Lane. :.,. Mr. Brannon said he was not aware of this. Mr. Horvath said Mr. Snyder is not very far along with his study, but he might like to comment on this. Mr. Snyder said Mr. Brannon needs to keep in mind the city might require some right of way for this extension. He said he. had just started on a 9 month study of the city and could not say just now whether the road would be extended or not. Mr. Brannon said he would like to mention there are some streets that are in dire need of improvement in this a!ea. The Chairman called for anyone wishing to speak in favor of this request to please come forward. There being no one wishing to speak in favor of this request, the Chairman called for any- one wishing to speak in opposition to come forward. Mr. O. G. Tobias, 8800 Rumfield Road, came forward. He said he lives across the street from the property in question. Mr. Tobias said the houses on Eden Road and Kirk Lane are all on much larger lots. He s,åid the streets are not such to accommodate anymore traffic, and the water supply is terrible. Mr. ,Tobias said he was sure that in time, they would be required to tie into the city sewer. ~' -,--,----- --'----~';;.-'- ..J - ,-~" ~:: ,->L.--- Mr. Tobias said he would like to suggest to the Commission that they turn down this request. !J. Page 11 ~( p & Z Minutes February 26, 1981 t('" ~\ ,e (~ Mr. Bowen asked Mr. Tobias if he would show where his property was on the plat. Mr. N. L. Jordan, 800 Kirk Lane, came forward. He stated he lives just north of this property. Mr. Jordan said th~y all have 3 to 5 acre tracts and don't feel they should allow these small homes around them. Mr. Jordan said they do have 'some problems with septic tanks in this area. He said he does not feel the Commission should grant this request. Mr. Bowen asked Mr. Jordan'where his property was in conjunction with Mr. Brannon's. Mr. ~erwyn Caswell, 8900 Kirk Lane, came forward. He said the septic tanks would be a problem and the streets are already a problem. - ( Mr. Caswell said when he bought his property, there was a deed restriction of no smaller than 1 acre lots and 1800 sq. ft. homes. Mr. Snyder asked about the sizes of the homes in the area. Mr. Caswell said there were some 2000 sq. ft. but most were 1800 sq. ft. He said he believed they were building some on Kirk Lane that were smaller. Mr. Brannon said this development would be much better than in Meadowview Estates in which 165 lots are being laid out, some smaller than his. ~ ( Mr. Brannon also stated there would be no s~ptic tanks 'in any of thes'e houses, they would be on city sewer. ____---> --:---~F~~ -- , Mr. Brannon said he had this prope~ty up for sale for two years and had no inquiry from any of these neighbors. He said now they. can look out their window and see a weed patch instead of a nice development. Page 12 P &Z Minutes February 26~ 1981 ~ ~. j ( ( ( ¿( \ (/' '-l .Mr. Snyder asked Mr. Brannon if he has a design for the development. Mr. Brannon said he might build him a home on one of the lots. He said the tract is not large enough for Agricultural use. Mr. Brannon said he p,lans to have 9 lots. Mr. Snyder'said his comment"was for his study_. He said he needs to know what size lots and houses Mr. Brannon is planning. Mr. Snyder said the city will need to be sure they have adequate service for this area. Mr. Brannon said he brought the preliminary plat in tonig?t to Mrs. Calvert. Mrs. Calvert gave each Commission member a copy of Mr. Brannon's preliminary plat. Mr. Greenfield said if Eden Road is ex- tended, r-lr. Brannon would have to scrap 3 lots. Mr. Brannon said if this happens~ he would have to alter his plat. Mr. Snyder asked Mr. Brannon what his time- table was. Mr. Brannon said he has no timetable. - Mr. Bowen asked Mr. Brannon if he would consider larger lots. Mr. Brannon asked if he meant IF-l2 zoning., Mr. Bowen said that was correct. Mr. Brannon said he could~ but he felt the IF-9 was more feasible. He said he could sell this tract now to someone and they could put a shack on it with a bobwire fence around it since it is zoned Agriculture. Mr. Snyder asked Mr. Brannon what he would like to do. , . . e ( Page 13 {( p & Z Minutes February 26, 1981 L'; ',¿ Mr. Brannon said he would rather have the IF-9 zoning, but would agree to IF-12. Mr. Bowen said he would like to ask the people if they would agree to the IF-12. Mr. Tobias said he would not object to the larger lots and larger homes> but would rather it stay one tract. Mr. Jordan said he would like to see one nice home built on this tract'. Mr. Caswell said he thinks there should not be more than two homes on this tract. Mr. Tobias said the feeling of the neighbors is they had rather not have more than two homes on this , tract. He said he has 9 acres, but most of the other neighbors have from 1~ to 3 acre trac ts .' e ( Mr. Bowen said he sympathizes with these people and he would feel better with the IF-12 as opposed to IF-9 ~oning. Mr. Tucker said he feels the days of l~ to 2 acre tracts are in the past; ranchetts are nice, but very few people have that kind of money. He said he would feel better with the larger lots. Mr. Snyder said he was inclined- to believe the larger zoning would be compatible with the area and it would not harm the surround~ ing area. Mr. Tucker said if there were 5 lots instead of 9, the land would be easier to sell. Mr. Greenfield asked Mr. Brannon his feelings on fewer lots. Mr. Brannon said he would agree to the IF-12 zoning. He said small lots are selling for $12,000 to $15,000. He said he would also have to take into consideration the extension of Eden Road.. e ( ~ 4 I( Page 1 p & Z l-linutes February 26, 1981 i,( ( Mr. Greenfield asked Mr. Brannon what size lot he was planning to keep for himself. Mr. Brannon said he would like to have one that was from 95 ft. to 120 ft. deep. Mr. Bowen said IF-12 zoning requires a minimum of 1800 sq. ft. houses. Mr. Brannon said that would be fine. PZ 81-3 APPROVED Mr. Bowen moved, seconded by Mr. Tucker, to approve PZ 81-3 contingent on the request being changed to IF-12-1800. This motion carried 3-0. ADJOU~lENT The meeting adjourned at 9:35 P. M. CHAI&~N PLANNING AND ZONING CO~fMISSION ( "- SECRETARY PLANNING AND ZONING' CO}lliISSION ( e· e e L 'À_ -...t' ( ORDINANCE'NO. AN ,ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH, ARTICLE XXIX CHANGES AND AMENDMENTS.. , SECTION 1 OF ORDINANCE 1179. lOH.IHG ORDr"A1~CE OF 'THE ,CITY, OF NORTH RtCHLAND HILLS, TEXAS, . PASSED. APPROVED~ AND ADOPTED,' BY THE' P'LANNING AND IONING.C0M4ISSION AND THE CITY COUNCIL OF' ,THE t,ITY OF NORTH. RiCHLAND HILL$, NOVEmER 13. 1967. AS AMENDEO'JANUARY.27, 1915 ' . AFTER APPROPRIATE' NOTlèE AND PUBLIC HEARING THE FOLLOWING. RECOMMENDATION IS SUBMITTED· TO THE CITY COUNCIL OF THE CITY OF NORTK R!CtlLANDfULLS BY THE PLANNING AND ZONINGCOMMISSION~' .' . RESOLVED that on Case No. PZ . 81-'3 the following described propeñy shal'. be rezòned from. A ~ r i c ~ 1. t ~ r~ .- . :: : .: ":,:. : : : :':.: : : : : : : .- : : :.: ~: .::- . '. to IF-12~lROO ' ALL that certain tract or parcel of land l'ying and bei~g situated in the, s. Richardson Survey,.Ab·stra'ct 1266, Tarrant County, Texas, and being part of that certain 5.58 acre tract recorded in Volume 5498, Page 506, Deed Records, Tarrant County, Texas, and bei ng further' descri bed' by metes a.nq bounds as . '. fo 11 ows : BEGINNING at.a set steel rod for the Southwest corner of. said 5.58 atre tract, said "point being at the intersection of the North right-of-way line of Rumfield Road wi th "the East ri ght-of-way 1 i ne of Ki'rk Lane; THENCE Nofth 0 degrees 08 minutes West, 294.48 fee~ with said East right-of-w~y line and the West line'of said 5.58 acre tract to an existing steel' rqd; THENCE South 89.degrees 41 minutes 58 seconds East, '388.23 feet, departin"gfrom said East right-6f-way line and the West line of said 5.58 acre tract, to an existing steel rod in the 'East line of said 5.58 acre tract; THENCE South. 0 degrees 06 minutes 24 seconds East, 285.70 feet with the East line of said 5.58 acre tract to an existing steel rod for the Southeast corner of said 5..58 acre· tract in the North right-of-way line of Rumfield Road;, THENCE South 89 degree 00 minutes 08 seconds West, 388,.13 feet with said North right-of-way line and South line of said 5.58 acre tract to the'place of begirining ðnd containing 2.585 acres of land. / e e e ,P·ag~ 2 " . This próperty is located· on the ·Nortn side of Rumfield Road and bounded on the West by KirkcLane. APPROVED BY THE PLANNING AND. ZONING COMMISSION THIS FEBRUARY, 1981 26th (kt 'DAY OF . . Cor+tISSION <---;r;-; ~/~ . (if? (-;J¡~ SECdrTÁRV PlÃNNiNG AND ZONING COMMISSION . 8E IT ORDAINED BY THE CITY COUNCIL ·OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ ' IS HEREBY REZONED THIS' . DAY OF MAYOR DICK FA RAM , CITY OF NORTH RICHLAND'HILLS' ATTEST: . CITV SECRETARY JEANETTE MOORE ,CITY OF NORTH RICHLAND HILLS . APPROVED AS TO FORM AND lEGALITY' CITY ATTORNEY CITY OF NORTH RICHlAND HILLS / _.. - ,...-.. ....,..þ.--_.. .-".. .. . - . e e e DATE: SUBJECT: Confirmation of Appoin~~~nt to Civil Service I , ' , DEPARTMENT: r.i~jl Sprvjc~ BACKGROUND: Mr ~Ji~ Rams~y ha~ resign~d from the Civil Service r.nmmi~sion Mayor Faram has appointed Mr. Bob Shelton to the Commìssion CITY COUNCIL ACTION REQUIRED: Approve/Deny BUDGETED ITEM: YES NO AGCOUNT NUMBER: ------------------------------------------------------------------------------- . o· _,....... e e e DATE: 3-19-81 f .. SUBJECT: Insurance Bids DEPARTMENT: BACKGROUND: Administration The insurance bids were presented at the worksession March 4th. The Public Officials insuranc~ was to expire March 10, 1981. This: was added as an emergency item on the March 9th Council Agenda. The bid was awarded to Crawford, Mitchell, Thomas & Frymark. Since this bid was awarded to that company, the proposal they made for Police Professional Lfabilty is. approximately $897.26 less;than ortginally an One and approximately $972.04 less for Plan Two. Thomas & Fr mark. id for Gene~al Liability and Automobile Alexander & Alexander (present insruance carrier) bid for General Liability and 'Automobile Liability for Proposal A is $48,579, Proposal B is $40,864.98. Alexander & Alexander did not bid on the Police Professional Liabilty. See attached bids. ----- CITY COUNCIL ACTION REQUIRED: Approve/dis~pprove BUDGETED ITEM: YES NO ACCOUNT NUMBER: -----------------------------~----------------------------~------~------------~ - #. --- -- - . t ( e re (e . -. Alexander & Alexander of Texas, Inc. Suite 100 6100 \'Vestern Place P,O. Box 2950 Fort Worth, Texas 76113 Telephone 817 737·4000 TWX 910-893-5029 AI~xander Mexander February 19, 1981 Ms. Jeanette Moore City Secretary Municipal Complex 7301 NE Loop 820 P. O. Box 13305 North Richland Hills, TX 76118 Re: Insurance Bid Comprehensive General/Automobile Liability Hartford Casualty Insurance Company Policy No. 46PNC642180 Dear Ms. Moore: We are pleased to submit the enclosed premium bid proposals for renewal of the City's comprehensive general and automobile liability coverage. Proposal "A" is with the Hartford Casualty Insurance Company, which has provided your coverage for the past three years. The Hartford Group has a branch office in Dallas and a claims office in Fort Worth. Their claims adjuster has worked very closely with your city staff, providing you with prompt and efficient claim service. The Hartford Casualty Insurance Company's policyholders rating in the 1980 A. M. Best Company guide is A and their Financial Rating is Class XN. The financial rating exceeds the requirements of your bid specifications. Proposal "B" is with The North-West Insurance Company. This company has a service office in St. Louis, Missouri, and their claims would be handled by Jordan Claims Service of Fort Worth. The North-West Insurance Company currently has a policyholders rating in the A~ M. Best Company guide of A and a Financial Rating of Class X. Our agency writes a number of accounts with The North-West Insurance Com an , including Tarrant County's liability covera e. We wanted to submit this 1 to you even though the financial~ êting is a little below that requi~ in your bid ~peCificatio~s._________~_----/ We appreciate the opportunity of bidding this renewal coverage for you and would be happy to furnish any additional information you may desire. ruly yours, /~ ww ( e (e (e PROPOSAL "A" GENERAL LIABILITY COVERAGE LIMITS Bodily Injury $300,000 each occurrence 300,000 aggregate Property Damage 25,000 each occurrence 25,000 aggregate Personal Injury (Group A, B, & C with Exclusion "cn deleted) PREMIU M v' $30,467 5,953 6,380 $42,800 7,062 $35,738 4,191 $31,547 Total Less Premium Discount Net Premium Less Estimated Dividend Estimated Net Premium Includes Products Coverage on Water Sales. The State Board of Insurance has not published the experience modifier for the renewal policy. A credit or debit will apply to the above premium when modifier is published. AUTOMOBILE LIABILITY COVERAGE LIMITS Bodily Injury $100,000 each person 300,000 each occurrence 25,000 each occurrence Property Damage Uninsured Motorists Bodily Injury 10,000 each person 20,000 each occurrence 5,000 each occurrence Property Damage Total Less Premium Discount Net Premium Less Estimated Dividend Estimated Net Premium PREMIUM $10,212 9,959 385 154 $20,710 1,573 $19,137 2,105 $17,032 Includes Non-owned and Hired Automobile Coverage. The Automobile Experience Modifier has not been published by the State Board of Insurance. A credit or debit modifier will be applied to the above premium when published. General Liability and Automobile Estimated Net Premium $48.579 AI~xander Mexander . l6: ( e PROPOSAL "B" THE NORTH-WEST INSURANCE COMPANY GENERAL LIABILITY _/ COVERAGE LIMITS PREMIUM Bodily Injury $300,000 each occurrence 300,000 aggregate 25,000 each occurrence 25,000 aggregate $24,169.00 Included Included Property Damage Personal Injury (Group A, B, & C with Exclusion "C" deleted) Included Estimated Net Premium $24,169.00 The State Board of Insurance has not published the experience modifier for the renewal policy. A credit or debit will apply to the above premium when modifier is published. AUTOMOBILE LIABILITY COVERAGE LIMITS PREMIUM . Bodily Injury $100,000 each person $15,181.00 300,000 each occurrence Included Property Damage 25,000 each occurrence Included Uninsured Motorists Bodily Injury 10,000 each person Included 20,000 each occurrence Included Property Damage 5,000 each occurrence Included $15,181.00 Includes Non-owned and Hired Automobile Coverage. The Automobile Experience Modifier has not been published by the State Board of Insurance. A credit or debit modifier will be applied to the above premium when published. General Liability and Automobile Estimated Net Premium $39,350.00 State Tax 3.85% 1,514.98 $40.864.98 ( , e AI~xander ~exander .~~.r~~\''¡:~!f,~'l.~·f#.Ø!,,,,~,,,....~'~~~t~~.~.'-~J~L~W,!,J,:ro!'J';1~ e COMPREHENSIVE GENERAL LIABILITY COVERAGE ./' , i " .1 , '. : GARRIER: INSURANCE COMPANY OF NORTH AMERICA (INA) ( ,.. .' " ,,, . . ~. \ ' . , " . . , " , '. , . , , . .' .' Limits of ~iability '" t· , , . . . . , . ~ ". ... 300~OOO 2?,OOO : I ' , , " .' Bodily Injury Liability Property Damage Liabili~~ , . .. , . , . . ,COVERAGES INCLUDE: . . ," . . , , ; ; ~, " , ! ! ; ; : , Compreh~nsive General·' Liability in~luding Streets, Roads & Highways Products Coverage for City Waterworks Undergroun~ Property Damage , Personal Inju.ry Coverflge"~'{~xcludes Police Department. Pleas see pag~ 2 '·for,'. Personal Injury .. .-coverage on Police ; .',j: .. . , .' ¡ . , . . , " , . , . _. ANNUAL PREMIUM (Includi~g Premium Discount) $33, 765 Expected :Dividend to be returned at the end of the ,P,olicy.Period - 4,268 or. '.' .., , . " J. , , "1- $29,497 . , ·1 > NET,' PR.FJYIIUM·A~TER PIVIDENP ..' . . 1 ..' , ., :.:<' , .. ',:i . j ..:' .;, '. ,J.f n : ; y" L , lô ¡':-: ., :< ,,;i': :;'>' ,>U.> '¡... ; rf,:c (:-:,1 :t, /L, ',' ;";';':)' :;'~\:" J";." :~¡""" ·?'t~I'Ji;: <~', ;",.)..,~ :;¡>~~( , . ' f~': :;; .~: ; ¡ ~ .~:'" :+ ~:.::¡:V~~ '/;:; \..'>.:, : ';·r;.·:t:: ·;C ',.~', . '." .... ,-$ ,'-; ""'.! .\.~:".{.:. .,;H:;,.: .'~ : ,'. d,.. ,..;~ ,<' /; J:"~;>'; ;. ::;;' ".:.¡:Ä ,,;:,..·";;,.1 i:f:;~:.,·J ; . .,:(¡ ';;~.7';;r ':;: ::" X':; .:.'..;,:, :~,.---:~;J; ';,' '~";:: ,.,. "',i'::' :'! i" 'i"~'¡Sf~¡;; ;',q; ;;;: ;;. ¡.<t,:~ <, h> ,'L:' " J:"\ .If::;' . 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".::! ;. ;,.; :,; " " . ( , , '. " , ; ". It /, : , . , , .1, '. , . '. . 0-: i.,: , . . . - , ,} .'f i .'\ f :'~ , , . ,', - I', ' , ' J; , J - '. ..... .,.j:'::'"" ¡ ,::.~.~.': :'::'.,}, . ,:~t ,¡".;' '..' <.: " ".,."~":J ,; . :,: "':;1. ; ./, í;,,~.'~ ·c., ¡':' '.'co' .iÌ. 1'., ,I ",...'. o. ¡... ..,;'..., .:..:.. s- ',,. .\" ; . . :\ì-;i~;:": ;,:. ..c :L~, .,. ¡.'. .., .. J ,,~:~.: ';. :::, t.. '. .., ;",'. '" '.. ,::. 0' ",..¡ . , . . J .' ~ ~: . ~ , , . ' e e .,. nC'~'l~ 'j J~?P)~~f;~ . "~ ~,,*,'Urø..lílf4n: --.. WN<'!I~_Uilf1'lla_ ~.",..... ..... -qe~n;ww JHI¡'V~f7 1 fiJ .iII!I!!!·~",. jbllil ·1~1I'9~.~""'· "IQII!>¥¥>;~ J U ~"UIiO 1Ii1liilU.'liiJWiØPPf·ßí& 1 "P.l' Vi.~!r.~' Crawford, Mitchell, Thomas & Frymark Agency, Inc. 403 N Sylvania Suite 11 Fort Worth TX 7611 J POLICE PROFESSIONAL LIABILlrY (Personal Injury Coverage) CARRIER: VŒSTERl\f WORLD I~!3URANCE CO!vIPANY INC. PLP~ 1 PLAN 2 A. M. Best Rating A Limits of Liability 100,000/300,000 Bodily In.jury 500,000 Personal Injury a) NO DEDUCTIBLE b) $500 DEDUCTIBLE AN~NU.ÞL PREMTITIIIJ $8,075·38 $7)671.61 Limits of Liability 300,000/500,000 Bodil~' Injury 500}O~J Personal Injury a) NO DEDUCTIBLE b) $ 500 DEDUCTIBLE $8,748.32 $8, 310. 91 COVERAGE: False arrest, erroneous service of civil papers, false imprisonment) malicious prosecution, libel, slander) defambti~~ of character, violation ~f property rights, and assualt and battery, ir co~mitted 'lhile making or attempting to make an arrest or while resisting an overt attempt to escape by' a person under ar~est before such person has been or could have been brought before a magistrate or like official authorized to hold a preliminary hearing, provided that no act shall be deemed to be or restùt in personal injury ~~less committed in the regular course of duty by the insured. r~~~:::·~~. ..:~«j~:, . , . '~. !.,,: 1(~'i::':" '; s: " "".-:;. ~ .. .. ~ I,. :} . 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" ~~ e INSURANCE AND FINANCIAL SERVICES 1901 NORTH COLLINS, P. O. BOX 1148 ARLINGTON, TEXAS 76010 817 -461-2711 ,/ PROPOSAL FOR GENERAL LIABILITY INSU~iCE AND AUTOMOBILE LIABILITY INSURAl\ICE FOR THE ·C:I:TY :OF N·ORTHRI·CHLAND HI'LLS',' 'TEXAS. BIDDING COMPANY: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE RATING BY BEST CO.: A+ XIV (EFFECTIVE APRIL 1980) COMPREHENSIVE AUTO~10BILE LIABILITY 100,000 ea. person 300,000 ea. occurance Bobily Injury 25,000 ea. occurance Property Damage UNI.NSURED, UNDERINSURED MOT·ORIST PROTECTION 10,000 ea. person 20,000 ea. occurance Bodily Injury e 5,000 ea. occurance Property Damage THIS BID IS A GROSS BID WITH NO CALCULATIONS MADE FOR THE NEW EXPERIENCE MODIFIERS WHICH WILL APPLY FOR THE TERM. THESE MODIFIERS WILL BE APPLIED RETROACTIVE TO THE POLICY DATE WHEN RECEIVED. A TEN PERCENT DIVIDEND (10%) PAYABLE AFTER FINAL AUDIT, IS TO APPLY. $36,450.00 COMPREHENSIVE GENERAL LIABILITY P·ERSONAL'INJURY· ·P'ROTE'CTI'ON $300,000 ea. occurance. $300,000 aggregate Bodily Injury same limit~ ~s CGL with a 25~ part1c1pat1on on the 1nsured's part. $ 25,000 ea. occurance. 25,000 aggregate Property Damage THIS BID IS A GROSS BID WITH NO CALCULATIONS MADE FOR THE NEW EXPERIENCE MODIFIERS WHICH WILL APPLY FOR THE TERM. THESE MODIFIERS WILL BE APPLIED RETROACTIVE TO THE POLICY DATE WHEN RECEIVED. A TEN PERCENT (10%) DIVIDEND PAYABLE AFTER FINAL AUDIT~IS TO APPLY. $ 20,698 e Submitted, ~ ) EXPLANATION OF COVERAGES QUOTED: Comprehensive General Liability includes the following: e 1. Government Class Code # 91252 (this is the new method of rating put into effect by the State Board of Insurance effective 6/1/80) 2,. Waterworks Class Code 49411 ,/ 3. Streets, roads, and highways (within corporate City Limts) Clas~ Code # 931518 4. Underground Coverage included 5. . Water Works Products Class Code # 49411 6. Boats~-{not for hire) Class Code # 446158 (if any b~sis) 7. Owners, Contractors, Prot~ctive (If any basis) 8. Premises Medical Payments $1,000. each, person/$10)OOO. each accident Comprehensive Automobile Liability Includes~the following: Bodily Injury: $100,000. each person 300,000. each occurrence e Property Damage: 25,000. each occurrence. This is a firm bid for all the coverages you have included on your Invitation to bid sheet. The Experience modifier has not been applied to premium since it is not yet available. We suggest that if you do not have it, you should have at least 10/20/5 Uninsured/Underinsured Motorists coverage on your Auto Liability Policy. Premium would be $ 546.00 additional. We also understand that you presently have Personal Injury Liability on the Comprehensive General Liability that was not on the bid sheet. The Aetna can provide this coverage for you, but cannot quote on it until they have the inspection made and the loss: information for the- past three years, thus it is not included in the bid. Thank you for the opportunity to bid on your Comprehens.ive General Liability and Comprehensive Automobile Liabi~ity Insurance. Addie White Meyerson-Riley Insurance e law ,. .. e CITY OF NORTH RICHLAND HILLS, TEXAS INSURANCE BID CO:MPREHENISVE GENERAL LIABILITY & COMPREHENSIVE AUTOMOBILE LIABILITY e TERM--FEBRUARY 24, 1981 to FEBRUARY 24) 1982 Presented by MEYERSON-RILEY INS'URANCE Addie Whi te 316 Bailey Fort Worth, Texas 76107 Phone:332-8189 e4tP ~Pá ~-~ß~ COMPLETE INSU RANCE SERVICE e f817) 332-8189 RES.: f817) 246-2528 31SBAILEY FORT WORTH. TEX AS 76107 ...... e INSURANCE BID COVER SHEET CITY OF NORTH RICHLAND HILLS, TEXAS TERM--12:01.A.M. February 24, 1981 to 12:01 A.M. February 24, 1982 SUBMITTED BY: Meyerson-Riley Insurance 316 Bailey, Fort Worth, Texas 76107 Addie White--Phone: 332-8189 or Residence 246-2528 COMPANY: THE AETNA CASUALTY & SURETY COMPANY of Hartford, Connecticut C01~REHENSIVE GENERAL LIABILITY COVERAGES e TOTAL PREMIUM PREMIUM $ 56,708.00 15,118.00 $ 71,826.00 Bodily Injury: 300,000.00 Each Occurrence 300,000.00 Aggregate Property Damage: 25,000.00 Each Occurrence 25,000.00 Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY COVERAGES TOTAL PREMIUM PREMIUM $ 9,290.00 9,~17.00 $ 18,407.00 Bodily Injury: 100,000.00 Each person 300,000.00 Each Occurrence Property' Damage: 25,000.00 Each Occurrence COMBINED TOTAL PREMIUM $ 90,233.00 This bid is subject to Aetna Casualty & Surety Company Underwriting. Explanation of coverages on next page. - - e e I I DATE: 3-19-81 SUBJECT: . Fire Code - Ordinance DEPARTMENT: BACKGROUND: 1 Fire , This ordinance has been thoroughly researched by Chief Gertz~ Staff and various members of the Council. It is the consensus of the Staff and Council that this code should be adopted. CITY COUNCIL ACTION REQUIRED: Approve/deny BUDGETED ITEM: YES N/A NO r-J/A AGCOUNT NUMBER: - -~--- - - -- --- -------- - -- - ---- --.-- - -- - --- --- e e e City of JX6rth Rich1and Hills, Texas ,\~,,,' (-;-1 --~"7),~-Zè:~~ Stan R. Gertz Fire Chief FIRE DEPARTMENT March 10, 1981 To: ~1r. Charles ~~!î11iams, City ~lanager From: Stan Gertz, Fire Chief Ref: Updating of Fire Code Please place the attached copy of the updated fire code on the next available council agenda. This proposed ordinance will bring ordinanace #653 up to date for quick-easy reference to builders comming into this city and in sure the existing buildings are safe for the public. I have worked with various members of the city council at different times to insure the wording of this proposed ordinance is acceptable to members of the council to insure swift passage of this ordinance. I want to thank you for the assistance in helping in this matter. If you have any questions concerning this proposed ordinance, please feel free to contact me. Than Q Gertz Fire Chief (817) 281-0041 / 4101 MORGAN CIRCLE / P. O. BOX 13305 I NORTH RICHLAND HilLS, TEXAS 76118 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ADOPTING A FIRE PREVENTION CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION. ESTABLISHING A BUREAU OF FIRE PREVENTION; ESTABLISHING APPEAL PROCEDURES. PROVIDING FOR A PENALTY OR A FINE NOT LESS THAN $25.00 NOR MORE THAN $200.00 FOR FIRE LANE VIOLATION; PROVIDING FOR A PENALTY OF A FINE NOT LESS THAN $50.00 NOR MORE THAN $200.00 FOR VIOLATION OF ANY OTHER PORTION OF ORDINANCE NO. ; ADOPTING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: - Section 1. An ordinance to provide the City of North Richland Hills~ Texas~ with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation~ use~ and maintenance of equipment; regulating the use of structures~ premises~ and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of the objects. e This code shall be known as the City of North ~ichland Hills Fire Prevention Code. This code adoptes the Fire Prevention Code of the National Fire Protection Associating~ NFPA No. 1 and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Associating and listed in Annex A and B of the NFPA Fire Prevention Code and being particularly the first addition thereof~ save and accept those portions such as are hereinafter deleted~ modified~ or amended by Section 18 of this ordinance. The same are hereby adopted and incorporated as fully as if set out at length herein. Not less than two copies of the adopted issue of the Fire Prevention Code of the National Fire Protection Associating, NFPA No. l~ and the adopted standards and codes of the National Fire Codes shall be filed in the office of the City Secretary and the provisions thereof shall be con- trolling limits of the City of North Richland Hills~ Texas. Section 2. It shall be unlawful for any person to violate this ordinance~ to permit or maintain such a violation~ to refuse to obey any provision thereof, or fail to refuse to comply with any such provision or regulation except as variation may be allowed by the action of the Fire Marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others. Section 3. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of North Richland Hills which is hereby established and which shall be operated under the supervision of the City Manager or Fire Chief. The City Manager of the City of North Richland Hills shall appoint the Fire Marshal either/or ~ examination or intervi~ for determining his qualifications and shall on the authority of the City Manager assure and accomplish the duties of Fire Marshal. e The City Manager of the City of North Richland Hills shall also appoint a Chief of Department of Arson Prevention either/or by examination or interview. The Chief of Department of Arson Prevention shall work under the direction and report directly to the Fire Marshal. 1- The Fire Marhsal will be the administrator of the Bureau of Fire Prevention and shall be responsible for the direct administration and enforcement to the Fire Prevention Code of the National Fire Protection Association, NFPA No.1 as may be set forth by the City Manager or Fire Chief of the City of North Richland Hills. The Fire Chief of the City of North Richland Hills, Fire Department may also designate such number of Technical Inspectors or Investigators as shall from time to time be authorized by the City Manager, City Council of the City of North Richland Hills. Such Technical Inspectors and/or Investigators ~hall be selected through an examination and interview to determine their fitness for the position and comply with the Texas Commission on ,Fire Protection Personnel Standards and Education. Section 4. It shall be the duty of the officers of the bureau of Fire Prevention to enforce all laws and ordinances of North Richland Hills, covering the following: 1. The prevention of fires; 2. The storage and use ofexpJosives and flammables; 3. The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment; 4. The maintenance and regulation of fire escapes; 5. The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live, or congregate, from time to time, for any purposes; 6. The investigation of the cause, origin, and circumstances of fires; 7. The maintenance of fire cause and loss records. The shall have such other powers and perform such other duties as are set forth in other sections of this ordinance, and as may be conferred and imposed from time to time by law. The Fire Chief of North Richland Hills Fire· Department may delegate any of his powers or duties under this ordinance to the Fire Marshal. Section 5. It shall be the duty of the Fire Marsha' of the City of North Richland Hills, Fire Department to investigate and to recommend to the North Richland Hills City Council such additional ordinances, or amendments to existing ordinances, as he may deem necessary for safeguarding life and property against fire. ' ~ Section 6. - The City Manager or Fire Chief of the City of North Richland Hills shall prepare instructions for the Fire Marshal and his assistants, and forms for their use in the reports required by this ordinance. Section 7. The Bureau of Fire Prevention shall investigate the cause, orlgln, and circumstances of every fire occurring in the City of North Richland Hills by'which property has been destroyed or damaged and, so far as possible, determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The Fire Marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the Bureau of Fire Prevention within Three (3) days after the occurrence of the same by the Fire Department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Fire Marshal of the City of North Richland Hills, and shall contain a statement of all facts relating to the cause, origin, and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death, or rescue of persons. e Section 8. Before permits may be issued as required by this Code, the Fire Marshal or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings, or storage places to be used for any such purposes. Section 9. The Fire Marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. Section 10. e Whenever any inspector, as defined above, shall find in any building, or upon any premises or other places, combustible or explosive matter or dangerous accummulations or rubbish or unnecessary accummulation of waste paper, boxed, shavings, or any highly flammable materials especially liable to fire, and which is so situated as to endanger property; or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to the appeals procedure provided for in the Fire Prevention Code of the National Fire Protection Association. NFPA No.1. Any owner or occupant failing to comply with such order within a reasonable period after the service of the said order shall be liable to penalties as hereinafter provided. Section 11. The Fire Marshal shall compile and keep a record of all fires and of all facts concerning the same, including injuries, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by Technical Inspectors . under the provisions of this ordinance. All such records shall be public. Section 12. . The Fire Marshal shall make an annual report of the activities of the Bureau of Fire Prevention and shall transmit this report to the Chief Officer of the City of North Richland Hills through the City Manager or Fire Chief of the City of North Richland HIlls. The report shall contain all proceedings under the Fire Prevention Code ,of the National Fire Protection Association, NFPA No.1, with such statistics as the Fire Chief may wish to include therein. Section 13. The City Manager or Fire Chief of the City of North Richland Hills or the Fire Marshal shall also recommend any amendments to the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, or ordinance which, in his judgement, shall be desirable. Section 14. The provisions of the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, shall apply equally to both public and private property, and shall apply to all structures and their occupancies, except as otherwise specified. Section 15. This act shall be deemed in exercise of the police powers of the City of North Rich1and Hills for the preservation and protection of the public health, peace, safety, and welfare, and all provision of the Fire Prevention Code of the National Fire Protection Association, NFPA No. l~ shall be liberally construed for that purpose. Section 16. Any person who shall violate any of the provisions of the Code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of a'ny , details, statements, specificatio~s, or plans submitted or approved thereunder; or shall operate not in accordnance with the provisions any certificate, permit, or approval issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine not less than Fifty Dollars ($50.00) nor more than Two-Hundred Dollars ($200.00). ' 5 e The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required .to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforcement removal of prohibited conditions. Section 17. Appeals of the decisio~s made by the Fire Marshal in the interpretation of the National Fire Protection Association, NFPA No.1 and its enforcement shall be appealed to the Fire Chief. The decisions of Fire Chief, if still found unsatisfactory to the builder. tenant or occupant, may be appealed to the City Manager. Section 18. The Fire Prevention Code of the National Fire Protection Association, NFPA No.1, is amended and changed in the following respects: Appendix D, Section 16, Penalty for Fire Lane violation shall be not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). Section 19. e The fOllowing Appendices of the Fire Prevention Code of the National Fire Protection Association, NFPA No.1, are hereby included as a 'part of North Richland Hills Fire Prevention Code save and except those :portions which are deleted, modified or amended by Section 18 of this Ordinance. The same are hereby adopted and incorporated as fully as set out at length herein. Annex A Each of the following codes and standards, published by the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210 is adopted in its entirety as a supplement and addition to the Code text of the Fire Prevention Code of the National Protection Association as if the same were incorporated and set forth at length therein. NFPA codes and standards that are current as of April 1,1980 are adopted. The adopting of the printed volumes of the National Fire Codes which contain the following NFPA codes and standards shall be deemed as meeting the intent of this Section. In this situation the edition of the applicable individual NFPA code or standard will be as printed in the adopted volumes. NFPA No. General Fire Protection 70 768 National Electrical Code (1978 and all revisions) Standard for the Safe Use of Electricity in Patient Care Areas of Health Care Facilities e 6 NFPA No. General Fire Protection 78 701 Lightoiñ9.',Protectior.Þ Côde :1. Standard Methods of Fire Tests for Flame-Resistant Textiles and Films 702 Standard for Classification of the Flammability of Hearing Apparel Occupancy Protection 32 76A Standard for Drycleaning Plants Standard for Essential Electrical Systems for Health Care Facilities 87 Standard for the Construction and Protection of Piers and Wharves 101 Code for Safety to Life fran Fire in Buildings and Structures 102 Standard for Tents, Grandstands and Air-Supported Structures Used for Places of Assembly Flammable and Combustible Liquids Flammable and Combustible Liquids Code Standard for the Installation of Oil Burning Equipment Standard on Basic Classification of Flammable and Combustible Liquids Standard Procedures for Cleaning and Safeguarding Small Tanks ~nd Containers 30 31 321 327 385 Recommended Regulatory Standard for Tank Vehicles for Flammable and Combustible Liquids Standard for Portable Shipping Tanks Standard for Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Projects 386 395 50 50A Compressed and Liquefied Gases Standard for Bulk Oxygen Systems at Consumer Sites Standard for- Gaseous Hydrogen Systems at Consumer Sites 7 NFPA No. Compressed and Liquefied Gases e SOB Standard for Liquefied Hydrogen Systems at Consumer Sites 51A 56A Standard for Acetylene Cylinder Charging Plants Standard for the Use of Inhalation Anesthetics (Flammable and Nonflammable) Standard for Inhalation Therapy 568 56F 58 Standard for Nonflammable Medical Gas Systems Standard for the Storage and Handling of Liquefied! Petroleum Gases 59 Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Plants Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) 59A Hazardous Materials and Processes 33 Standard for Spray Application Using Flammable and Combustible Materials e 35 Standard for Dip Tanks Containing Flammable or Combustible Liquids Standard for the Manufacture of Organic Coatings Standard for Solvent Extraction Plants 34 36 40 Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film 41L 42 Code of Model Rocketry Standard for the Storage, Handling and Use of Pyroxylin Plastic in Factories 43 Standard for the Storage and Sales of Pyroxylin Plastic in Warehouses and Wholesale, Jobbing and Retail Stores 43A Code for the Storage of Liquids and Solid Oxidizing Materials' 44A Code for the Manufacture, Storage and Transportation of Fireworks - 48 Standard for the Storage, Handling and Processing of Magnesium 51 Standard for the Installation and Operation of Oxygen Fuel Gas Systems for Welding and 'Cutting NFPA No. Hazardous Materials and Processes 518 Standard for Fire Prevention in Use of Cutting and Welding Processes 56C 57 61A Safety Standard for Hospital Laboratories Standard for Fumigation Standard for the Prevention of Dust Explosions in Starch Factories 618 Standard for the Prevention of Fire and Dust Explosions in Grain Elevators and Bulk Grain Handling Facilities 61C Standard for the Prevention of Dust Explosions in Flour and Feed r~i 11 s 61D Standard for the Milling of Agricultural Commodities for Human Consumption 62 Standard for the Prevention of Dust Explosions in the Production, Packaging and Handling of Pulverized Sugar and Cocoa 65 481 Standard for the Processing and Finishing of Aluminum Standard for the Production, Processing, Handling and Storage of Titanium 490 495 Code for the Storage of Ammonium Nitrate 651 Code for the Manufacturing, Transportation, Storage and Use of Explosive Materials Standard for the Prevention of Dust Explosions in the Man~facture of Aluminum or Magnesium Powder 655 656 Standard for the Prevention of Oust Explosions in Coal Preparation Plants Standard for the Prevention of Dust Explosions in the Plastics Industry Standard for the Prevention of Sulfur Fires and Explosions 653 654 664 Standard for the Prevention of Dust Ignitions in Spice Grinding Plants Standard,for the Prevention of Dust Explosions in Confectionery Manufacturing Plants Standard for the Prevention of Oust Explosions in Woodworking and Wood Flour Manufacturing Plants 657 NFPA No. 88A e 88B 302 303 306 312, 407 Transportati on Standard for Parking Structures Standard for Repair Garages Fire Protection Standard for Motor Craft (Pleasure and Commercial) Fire Protection Standard for Marinas and Boat yards Standard for the Control of Gas Hazards on Vessels to be Repaired Standard for Fire Protection of Vessels During Construction, Repair, and Lay-Up Standard for Aircraft Fuel Servicing Including Aircraft and Fueling Hose, Aircraft Fuel Servicing Tank Vehicles, and Airport Fixed Fueling Systems 408 409 415 416 e 417 418 498 501A 5018 501C Standard on Aircraft Hand Fire Extinguishers Standard on Aircraft Hangars Standard on Ai rcraft Fueling Ramp Drainage Standard on Construction and Protection Airport Terminal Buildings Standard on Construction and Protection of Aircraft Loading Walkways Standard on Roof-Top Heliport Construction and Protection Standard for Explosive Motor Vehicle Terminals Standard for Mobile Home Parks Standard for Mobile Homes 5010 505 Standard for Recreational Vehicles (Travel Trailers, Camping Trailers, Truck Campers, Motor Homes) Installation of Plumbing, Heating and Electrical Systems Standard for Recreational Vehicle Parks Standard for Type Designations Areas of Use, Maintenance and Operation of Powered Industrial Trucks 513 Standard for Motor Freight Terminals -- . 11 llA Fire Extinguishing Systems Standard for Foam Extinguishing Systems Standard for High Expansion Foam Systems (Expansion Ratios fram 100:0 to 100:1) NFPA No. 22 24 26 Standard on Synthetic Foam and Combined Agent Systems Standard on Carbon Di oxi de Exti ngui s'hi ng Systems Standard on Halongenated Fire Extinguishing Agent Systems - Halon 1301 Standard on Halongenated Fire Extinguishing Agent Systems - Halon 1211 Standard for the Installation of Sprinkler Systems Standard for the Installation of Standpipes and Hose Systems Standard for \~ater Spray Fixed Systerns for Fire Protecti,on Standard for the Installation of Foam-Water Sprinkler Systems and Foam-Water Spray Systems Standard for Dry Chemical Extinguishing Systems Standard on Wetting Agents Standard for the Installation of Centrifugal Fire Pumps Standard for the Operation and Maintenance of National Standard Steam Fire Pumps Standard for Water Tanks for Private Fire Protection llB 12 12A 12B 13 14 15 16 17 18 20 21 Standard for Outside Protection 194 Standard for the Supervision of Valves Controlling Water Supplies for Fire Protection Standard for Screw Threads and Gaskets for Fire Hose Connections 196 198 Standard for Fire Hose Standard for Care of Fire Hose (Including Couplings and Nozzels) , , ., NFPA No. Portable Fire Extinguishers e 10 Standard for the Installation, Maintenance and Use of Portable Fire Extinguishers Fire Warning Systems 71 Standard for the Installation, Maintenance and Use of Central Station Signaling Systems for Guard, Fire Alarm, and Supervisory Service 72C Standard for the Installation, Maintenance and Use of Remote Station Protective Signaling Systems Standard on Automatic Fire Detectors 72E 73 Standard for the Installation, Maintenance and Use of Municipal Fire Alarm Systems Storage 81 231 2318 e 231C 232 Standard for Fur Storage, Fumigation and Cleaning Standard for Indoor General Storage Standard for Storage of Cellular Rubber and Plastics Material Standard for Rack Storage of Materials Standard for the Protection of Records Building and Construction and Facilities 37 Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines 54 560 56E 60 National Fuel Gas Code 66 Standard for Hyperbaric Facilities Standard for Hypobaric Facilities Standard for the Insta llati on and Operati.on of Pulverized Fuel Systems Standard for Pneumatic Conveying Systems for Handling Feed, Flour, Grain-and Other Agricultural Dusts e 12 NFPA No. Building Construction and Facilities 69 75 Standard on Explosion Prevention Systems 79 80 82 85 Standard for the Protection of Electronic Computer/Data Processing Equipment Electrical Standard for Metalworking Machine Tools Standard for Fire Doors and Windows Standard on Rubbish Handling and Incinerators Standard for Prevention of Furnace Explosions in Fuel Oil and Natural Gas-Fired Watertube Boiler-Furnaces with One Burner 85B Standard for the Prevention of Furnace Explosions in Natural Gas-Fired Multiple Burner Boiler-Furnaces Standard for Prevention of Furriace Exolosions in Fuel Oil-Fired Multiple Burner Boiler-Furnaces 850 85E Standard for Prevention of Furnace Explosions in Pulverized Coal-Fired Multiple Burner Boil'er-Furnaces 86A Standard for Ovens and Furnaces, Design, Location and Equipment 86B Standard for Industrial Furnaces, Design, Location and Equipment Standard for Industrial Furnaces Using a Special Processing Atmosphere Standard for the Installation of Air-Conditioning and Ventilation Systems Standard for the Installation of Residence Type Warm Air Heating and Air-Conditioning Systems Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, Vapor Removal or Conveying 86C 90A 90B 91 96 Standard for the Installation of Equipment for the Removal of Smoke and Grease-laden Vapors from Commercial Cooking Equipment 211 Standard for Chimneys, Fireplaces and Vents 214 Standard on Water Cooling 'Towers 220 Standard Types of Building Construction 224 Standard for Homes and Camps in Forest Areas ,~ NFPA No. 241 e 251 252 255 256 257 493 496 703 Building and Construction and Facilities Standard for Safeguarding Building Construction and Semolition Operations Standard f1ethods of Fire Test of Building Construction and Materials Standard Methods of Fire Tests of Door Assemblies Methods of Test of Surface Burning Characteristics of Burning Materials, Methods of Fire Tests of Roof Covering Standard for Fire Test of Window Assemblies Standard for Intrinsically Safe Process Control Equipment for Use in Class 1 Hazardous Locations Standard for Purged and Pressurized Enclosures for Electrical Equipment in Hazardous Locations Standard for Treatments of Building Materials e e 14 ~ Appendix A PARKING OF DANGEROUS VEHICLES All motor vehicles or vehicles which carry or transport any flammable liquids, explosives, chemicals, radioactive material, or nuclear materials, shall not be parked within 150 feet of any commercial~ single or two family or multi-family buildings, unless said vehicle is in the process of loading or unloading its cargo. ~ e Appendix B WOOD SHINGLES OR SHAKES It shall be in violation of this ordinance to use any wood shingles as part of the construction material on structures classified as multi-family (including duplexes) or commercial building. All single family dwellings uSing wood shingles or shakes shall be treated with a fire retardant chemical to meet Class C fire resistant requirements of the National Fire Protection Association No. 256. Existing wood shingles or shakes roofs may be repaired with wood shingles or shakes providing the area repaired does not exceed twenty- five percent (25%) of the entire area of the roof. Otherwise the entire roof shall be replaced with material specified in this appendix or code. All ordinances or parts of this ordinance in conflict with this ordinance are hereby repealed. e e Appendix C 1. Requi red access for Fi re Apparatus, means Fi re 1 anes, roads, paths or other passage of fire apparatus through congested areas (both built-up and wildland) will be identified by either red lines 411 in width or signs stating No Parking- Fire Lane. 2. Trash Dumsters will not be placed within: (a) Twenty feet of a structure (b) Twenty feet of a parked behicle 3. Boiler and/or Furnace rooms will: (a) Be kept clean and free of com~ustible material (b) Not to be used for storage of any type (c) Not to be used as work or maintenance shop Cd) Not to be used as janitorial shop 4. Fire Hydrants will have a clearance of fifteen feet at all times. 5. Parking of flammable loaded or unloaded tank vehicles is prohibited on city streets or residential areas. Tank vehicles will not be parked in public garages. Permissible parking locations for tank vehicles may be requested as property zoned for aboveground oil storage, for example, the ordinary bulk oil plant, should be a location where tank vehicles can be parked without any undue increase in hazard to the public. All tank vehicle parking ~ust be approved by the Fire Chief or Fire Marshal. 6. NFPA 101 Section 4-115, all buildings which have sleeping ·accommodations will have smoke detectors installed and in operating condttion at all times. Ii e Appendix 0 FIRE SAFETY REGULATIONS It shall be illegal for any person to throw or place, or cause to be thrown or placed, any lighted match, cigar, cigarette, matches, or other flaming or glowing substance or thing substance or thing on anY,surface or article where it may cause or start a fire. Any person who deliberately, or through negligence, sets fire to or causes the burning of any bedding, furniture, rug, curtain, drape, or other combustible material in such a manner to endanger the safety of any person or property shall be deemed to be in violation of Ordinance No. , of the City of North Richland Hills. e e e e e I r , . t:~...:'~ DATE: 3-19-81 SUBJECT: 19~1 rnlJnty Fjrp Protprtjon r:Ontrñct~, DEPARTMENT: BACKGROUND: Fir~ ~ City Manag~r Th~ Staff recorrmends thi s i tern be den; ed due to' the rPñ~ons statpn in Chief Gertz memo. CITY COUNCIL ACTION REQUIRED: Approve/deny BUDGETED ITEM: YES N/A NO N/A AGCOUNT NUMBER: ---,.-~-- - - - - - - - - -~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'- - - -~ - - - - - - - - - - -- - - - - - - - - City-of JX9rth Richland Hills, Texas j ,\ '§j' ¡~~f FIRE DEPARTMENT ~---==-~i,:'--,-~ Ø1i ¡~~ V Stan R. Gertz Fire Chief March 9, 1981 To: Charles Williams, ctty Manager From: Stan Gertz, Fire Chief Re: 1981 County Fire Protection Contracts. - Attached is a copy of the 1981 Tarrant County Fire Protection Contract. This contract could and would obligate the City of North Richland Hills to provide fire protection service for un-incorporated areas of Tarrant Coun~. Also we would provide ambulance service for un-incorporated areas of the county as well as other cities. This reimbursement is not a set amount as the total amount ($120,000.) wi'll be devided amoung tb.irty two (32) fire departments based on the number of calls answered, It is my opinion this contract should be rejected as follows: 1. We are presently entered into a mutual aid contract with the N/E citi'es of Tarrant County. 2. The fìre protection for our city is satisfactory without obligat- ing us to cities more than two miles away. 3. Our ambulance service is furnished by our citizens tax money and we are presently stretched to the limit. For these reasons I feel it is best to reject this county contract. If you have any questions concerning this matter please feel free to call me. - Thank 0, ~ertz Fire Chief (817) 281-0041 / 4101 MORGAN CIRCLE / P. O. BOX 13305 / NORTH RICHLAND HILLS, TEXAS 76118 ¡) ~ /~d./ ~ e RAY REYNOLDS Fire Marshal . TARRANT COUNTY FORT WORTH, TEXAS 76111 -March 2·~" 1981 2750 PREMIER ST. (817) 831-3511 MEMO TO: ATTENTION: SUBJECT: Tarrant County Fi re ~partments Fi re Chief 1981 County Fire Protection Contracts Attached please find 3 copies of the 1981 County Fire Pr.otection e Contract, which has Exhibit "A" attached to it. Also, a letter from this offi ce is attached regarding the Rules & Reporti ng Requi rements. These contracts should be kept intact as received. All 3 copies need to be signed and all 3 copies returned to this offi ce - address above. After we have processed them and they have been signed by the Conmissioners' Court we will forward you a copy for your fi lee Please call this office if you have any questions. Your cooperation is appreciated. Si nce re ly t TARRANT COUNTY -'. a¿?¿¡:~¿~ ay R 0 · ars 1 e RR:es Attachrœnts ~ t THE STATE OF TEXAS § e COUNTY OF TARRANT § THIS CONTRACT Al~D e e AGREEMENT made and,entered into by and between the County of Tarrãnt dnd State of Texas acting herein by and through its Conunissioners' Court, hereinafter referred to as COUNTY, and the Ci ty of I~ORTH RICHLAND HILLS, Texas, a Municipal Corporation, acting by and through its Mayor, hereinafter referred to as CITY: WITNESSETH: The above named CITY has a full time professional fire department and has by resolution of its City Council authorized a contract between said CITY and COUNTY for fire protection service to real and personal property located outside of the boundaries of said CITY and within such distances as the fire department of said CITY may reasonably be expected to reach and render service in case of fire, which service it hereby agrees to provide under the terms of this Contract, and said COUNTY hereby agrees to pay in accordance with the method of distribution and payment set forth in Exhibit "A", attached hereto, to said CITY for the providing of such services to the unincorporated areas of the COUNTY. IT IS AGREED AND UNDERSTOOD that the CITY'S primary obligation lies .to those residents who live within its own boundaries and th,e CITY assumes no liabili ty under .this Contract fo:r damages to real or personal property by reason of delay in response or failure to respond to any particular call for its services. IT IS SPECIFICALLY UNDERSTOOD by both parties hereto that in no event shall the COUNTY be obl~ áted to payout a sum totaling in excess of the amount budgeted by COUNTY for fire protection service to the unincorporated areas, the amount so budgeted for the year 1981 being the sum of One Hundred Twenty Thousand and no one hundreds ($120,000.00) dollars. COUNTY shall be under no obl~ ñtion with respect to providing fire fighting equipment or any other expense incidental to the carrying out of this Contract, and shall have no right, title, or interest in and to the fire fighting equipment belonging to CITY. e e e This Contract shall be ln force and effect for one year, beginning December 1, 1980, and ending November 30, 1981, and the payments to be made to the participating fire departments for fire protectiön service rendered under this Contract shall be allocated, as per the attached formula, for the months of December, 1980 through November, 1981. The funds to be paid by said COUNTY for the fire fighting services of such CITY outside of the limits of such CITY shall be paid out of the general fund of TARRANT COUNTY, and shall be paid to the CITY as provided in the attached Exhibit "A". Whenever the CITY or fire department above is responding to a call outside of the city limits of the CITY or the normal jurisdictional limits of the fire department, as the case may be, it shall operate under the fire code which is in effect within the city limits of such CITY or fire department. Any fire marshals, investigators, or other arson personnel who respond from TARRANT C GUN TY to a fire scene \vh i c h is under the control of a CITY or fire department named herein, whether within or without the city limits, shall be governed by the fire code of the CITY within whose limits the fire department normally operates. The parties hereto further agree that the COUNTY will pay to CITY at a rate of not to exceed Twenty Five Dollars ($25.00) for emergency ambulance service to the area for which fire service is herein provided for. The COUNTY has, for the year 1981, budgeted the sum of Twelve Thousand Dollars ($12,000.00) for such ambulance service to the unincorporated areas of TARRANT COUNTY which sum shall be paid to the .participating CITIES on a per response fractional basis in the event there are more of Four Hundred Eighty qualifying emergency ambulance calls made to unincorporated areas of TARRANT COUNTY during the year 1981. In no event shall the payment per response exceed $25.00 nor shall the cumulative payments made for emergency ambulance service to the unincorporated areas exceed the budgeted sum of Twelve Thousand Dollars ($12,000.00). Page Two .- - -.-- -- ......- - ~ ----. . ---_.......--_._~-' .-" ---""'~'...... ........._.......... J"_ ..._".~._-'--,_.~-....-..~ ........ Emergency ambulance responses entitled to reimbursement e under this Contract shall consist of those responses made to calls for emergency ambulance service to the CITY as well as responses to fire department emergency calls which result in the ambulance or rescue unit being utilized to make an emergency ambulance run to a hospital or a clinic for the purpose of trans- porting a person in need of medical attention. The payment provided for in connection with fire responses and emergency ambulance service shall be in accordance with rules and reporting requirements promulgated by the Tarrant County Fire Marshal and shall be limited to those fire responses and emergency aniliulance service calls that are certified to as being qualifying by the appropriate police department, fire department or sheriff's department personnel. e WITNESS THE SIGNATURES of the respective parties hereto day of , 19 this the TARRANT COUNTY, acting by and through its Commissioners' Court BY: ¡..fIKE ÞI0NCRIEF County Judge R. T. ANDERSEN Commissioner Precinct N,umber One R. L. 1--1EBUS Commissioner Precinct Number Two ·e A. LYN GREGORY Commissioner Precinct Number Three B. D.. GRIFFI!~ Commissioner Precinct Number Four CITY OF NORTH RICHLAND HILLS BY: ~layor ATTEST: City Secretary Page Three - _. '~......'...'''-- -.,. -----~-...,._._-_.,- EXI·IIBIT "A" The distribution or allocation of the funds budgeted by the e County of Tarrant for fire protection in the unincorporated areas of·the County shall be calculated or determined as follows:. from the total sum budgeted by Tarrant County for unincorp- orated area fire protection shall first be deducted the sum of the payments made equal to Z.S % of said County budget which is I to be paid to the six (6) unincorporated area volunteer fire departments immediately upon the execution of this contract. The total sum budgeted by County shall b.e divided by the e total number of fire responses made by all' contracting fire departments to determine the per r~sponse allocation chargable against the unincorporated area volunteer' fire departments- receiving lump sum payments. This per response allocation shall then be divided into the lump sum payment to determine the number of calls made by unincorpora te.d volunteer.. fire ·-departmen ts whicl1 are covered by the lump sum payment, before such unincorporated volunteer fire departments are entitled to share in the balance e of the County's budgeted amount. The balance, after' deductiòn of the total of the lump sum , payments paid to ,the unincorporated volunteer fire departments, remaining of the total. sum budgeted by the County shal~ then be divided by· the total number of unincorporated area fire responses made'by departments not receiving lump sum payments plus the total of responses made by unincorporated area volunteer fire departments in excess of the number covered by the lump sum payments to determine the per response allocation, if any, to be paid to each participating fire department at the end of the year. This method of calculating the amount paid to the various fire departments in Tarrant County for unincorporated ~rea fire A B A-B= C call responses can be expressed þy the follo~ing formula: Sum budgeted by Tarrant County for unincorporated area fire .p~otection; Total of.lump sum payments made to un,incorporated area volunteer fire departments, 6x (2.5% of A); Balance remaining to be distributed upon a per response basis to all participating fire departments; ~ ....,:...A.:."'......--..,-......... ._.....~ '. ,.____ _.--.._._,.__.._.....__.......---_ ..,...........--...--,..-~-'-..":"'.~..~ ......-. -... - ---.. -...--........... ............. '_u ...... 'D e A .. if = E 2.5% A E =F G G-F=H J C H+J=K , Total responses made by participating fire departments to unincorporated areas of Tarrant County; Per response allocation for determining number of responses covered by lump sum payment.; N~ of responses by each unincorporated volunteer fire departments covered by lump sum payment; Total number or responses made to unincorporated areas by each unincorporated area volunteer fire department; Number of responses to·be paid for over number covered by lump sum payments to unincorporated volunteer fire departments; . - ¡. .. ., Number of responses made to uninc'orporated areas by fire departments not receivi'ng lump sum ,páyments; Per response allocation to b~'paid to al1·~epartments at year t· 5 end. e KxH or KxJ=Arnount to be paid at year end to each department. , . e . ' . ~ Exhibit "A" - Page Two . _.._._....~., ';", _',____. ............... .'H_-- ......___..._,-:""'-....-..-.., ". ......_A___- ~..._"~_'...._. ..-" __-..-..._....~_..~'.. -.--,.-".-....,..... e TARRANT CO UNTY FORT \VORTH, TEXAS 76111 2750 PREMIER ST. (817) 831-3511 RAY REYNOLDS Fire Marshal SUBJECf: RUµ:S & REPORTING IlliQUI iŒMENTS FOR EMERŒNCY FI RE & AMBULANCE RESPQ~SES The following information is provided in regards to the rules and reporting requirements for Emergency Fire and Ambulance responses. , I. FIRE RESPOOSE. "Whenever fire equipment responds to any emergency call to the County areas it shall be classified as a fire protection response EXCEPT in the follow- ing cases: 3. Controlled bµming stand-bys. 4. Requested ·stand-bys when an emergency does not occur duri~g the . stand-by . It II. E~RGENCX AMBULANCE RESPOOSE. Anytime an ambulance receives a call for emergency service and makes that run, this is considered an emergency ambulance rtD1. 1. AnDulance type responses. 2. Responses to incorporated area. 1. When an ambulance accompanies the Fire Department (responds with) on a call this is Naf considered an emergency ambulance respœse. If, however, after arri ving on. the sceen, the anDulance JUkes an emergency run to a hospital or e clinic, then that would be considered an emergency ambulance run. 2. When a Rescue Unit runs with the Fire Department to the scene of an emergency this is NOT considered an emergency ambulance response even if the Rescue Uni t administm aid, but if the Rescue Unit acts in the capacity of -an Ambulance, that is, it makes an emergency run to a hospi tal or a clinic, then that would be consid- ered an emergencr ambulance rtUl. III. The response forms used for certifying the County Fire and Ambulance responses are presently being furnished to your Fire Department by my office. When additional report forms are needed simply contact my office and they will send you a supply. "!bese response report forms need to be filled out and sent to my office prior to the lOth of the following month to be eligible for the end of the year payments. IV . The Emergency Ambulance Services for which payment shall be made to tmincorporated . mas of the County are those services which are provided by your city or community to its residents. "!be ooly requirement my office will need is to have the response certified as an emergency by having a Police or Fire Officer sign the copy of the response report that is sent to my office. Sincerely, TARRANT COUNTY 1YZ/~~' . . e e e e e e SUBJECT: Perma-Steel Constuction (Mr. Bob Ash) to build multi~family units and use concrete tile, shakes on the side walls DEPARTMENT: Buildinq Inspection BACKGROUND: Mr. Bob Ash is asking for a variance to the Brick Ordinance. .Mr. Ash proposes to build two (2) four-plex units on Flory Street in the I--~'---·_-'-'-'··'--·-·--- -. 3900~4000 block. .'Mr. Ash wishes to use concrete ti~le shakes on the side walls. Plot plans ava'ilable in the Pre Council room. J~~/¿ CITY COUNCIL ACTION REQUIRED: Approve/disapprove BUDGETED ITEM: YES NO A~COUNT NUMBER: .. .. - -... .... . - -, .. - .... .. -- - -- - -------..--.--- --- ---- ..--------....... -- -- ~ . e e e fvffL. Chcvæe.6 w. w~~ P.O. Box 18609 Fo~ (~oJr..th, TexM 76118 VeaJt Sht: ~ ,Ølll.?1 ~-'7' fACVteh 3, 1981 I would appJteeme VeAfj mueh búng plaeed on fjOUlt a.gen.da nOlT.. .th.e meeting 06 MaJtM 9, 1981. lvly puJtpO-6 e nOlT.. thi6Jte.qUe..6t L6 to obtain a va/lÁ,anc.e to the bltiek oJtdina.nee 1 ~ 04 bOlT.. mulli-6a.mi.1.y apaJdme.nt uYÚ;t6 .to be. eon.6.tJtueted by OWL eompany. S£neeJtely, ~~ tLL 80 b A6 h PJte..6¡dent PeJuna-Steei Con.ó.tJtud..£OYl. Co., Inc.. BA/wt ~ e City of JKðrth Rich1and.Hills, Texas JJIYL- ~/~ " ~ March 6, 1981 Mr. Bob Ash, President Perma-Steel Construction Company 7434 Tower Street Fort Wo~th, Texas 76118 Dear Mr. Ash: e Reference your letter of March 3, 1981, requesting to be placed on the City Council agenda, the following information is needed: 1. The address where the multi-family units are to be ,built. 2. Proposed plans and number of units. 3. Type of construction material. 4. Any other information pertinent to this construction. I need this information before your request can be considered by the City Council. It e e e ~ MIL. ChaJLle,6 w. W~a.rn/.) Cay Manag eJt N oJt:th R,ieÝLtand H~, T e.Xlt6 7 6 11 8 VeaJL MIL. W~: MaJteh 11, 19 81 Re6eJtenee tjOWt le:t:teJt 06 MCVlC.h 6, 1.981, t.he áollow.£ng ,in 6 0 Jr.Jna.:Uó n Á.Å heJte.w-U:h.6 u.bmU:.t.ed : 1 . One.6 et 06 ptaM wah plot. plan and mateJÚai,6 W;t h1.clic.aling adciJLeó.6 06 pJtopo.6e.d mul;t[-6a.mtly u.ni.t6. We pJtopO.6e to begin wah two (2) 6o~-piex unith and eontinue eOn6.tJtud..£on unt,i1, the enthte. tJc.aet L6 de.veloped. A.6 in Ot.Vl pJtevÆoU6 appeaJtan.c.e be60Jte ;the eounill, we pJtopO.6 e. to u..6 e. eoncJtete. t:J.,le. .6 hake,6 on. :the .6Á.,de ~tJalR.. CVl.eaó. Th"ú will JtequÅÄ.e a. v~nc.e :to oJtdinanee. 1.04. I woui..d veJtlj mu.c.h appJteúate búng able. to biting :thi6 Jtequ.eÁ:t beáoJte. :the c.ouneÆ.! at :the. eaJtt,i,eót po.6.6Á.,ble date.. BA/wi S£neeJte.ly, ~()1- C-L Bob A6h PJt~¡dent PeJuna.-Stee1. COn6tJtueüón, Inc.. . ' F H·~, F'.,if m ~~ () 0 :) VA Form :26-ïHS~ Hev.2/7-1 ;. ¡: .),; ;¡\:- ~'\~'~..;s;,.;c k --1:,H~: sr :~Å TI (:)of / or '".;. :..u ja ~~ ... j W.,,: { .r f lit ì,....~;.;. C~ ;.'_"J. f-H..Ã ..)a1 be 1k:';).Är~~~J a1on;l aa.vv.: totlt. 5t:.sph compl~u-d aø.c.4'tt t04cib.rr in oriaiðal Oi'd*r. Form :\ppro'.,cd O~IB No. 63-HOOSS . .' . o Pro"posEtd Construction DESCRIPTION Of MA TER!ALS No~ (To be ¡naMed by FHA DC' VA) . ~ Under Construction ~perly ocJdreu CiJy Stole Mortgogor or Sponsor Contrador or Builder (Name) tAddrus) (~amc ) ( A.ddrc:u) INSTRUCTIONS 1. For additional information on how tlus fonn b to be submitted, unless required, then the minimum acceptable will be assumed. Work number of <:opies, etc., see the instn1<.:tions applicable to the FHA exceeding minimum requirements cannot be considered unless specifically Applicatim for Mortgage Insurance or VA Request for Determination of ~i:it.TÌbed. Reasonable Value, as the case may be. 4. Include no alternates, "or e~al" phrases, or contradic'ory items.' 2. Describe 8lI materials and L-qu.í¡:ment to be used, whether or not (Consideration of a request for acœptance of substitute materials or shown on the dr"wings. by madc:ing ..... X in each appropriate check-box equ.í¡::ment is not thereby precluded.) and entering the information callt>d for in each space. If sp"ce is 5. Include signatures required at the end of this form. . ÎnMde~ate, enter "See misc." iII..j describe under item 'J:1 or on an 6.. The construction shall be completed in con:pli:Jnce with the related att..ched sheet. lHE USE OF PAI."JT CONTAINING MORE THAN FIVE- drø~ and specifications, as amended during prcx:essing¡. The specific¡¡.. TEN"nIS OF ONE PERCENT l.EAD BY WE1G1T IS PHOHœl'IED. tion" includ~ t/ùs Description of Materials and awlicable Minimum Pro- 3. Work not ~peciCícaIJy dê~Ç11bt:.-d or shown will not be considered perty Standards.. . 1. EXCA V Ano.~: Bearing lOiI, Iypc 2. FOUHOATIONS: !J r-Clde as rej'//¡red Footings: concrete mix F oundAcion wall: material 5 sac k.. I nteråor fouoo.lion w..U: m4(e,.ial II Columna: m.~ri&l and sizes Gilden: fn&tcri.aJ and aiza 8ueinent entrance a~away ~V&terproofìng · OQG ?O~ð~hylt:..!Je; Trrmite prokCb,on -'-Cf:&l~ 60/1 Baaemendeu apace: ground cOVC'. Spt"Cw "foun<btiona ^dditi~l infOl"tnaltoo: ~ . L. i strength pli Rei ,ûorcinl ty.q/J:5t..r. J11n<. Rei.ufOtcing Set:: p!c,ns ð 11 PaJ:Iy fou~ walJ COJ?cY'"e¡'~ " Piers: I1Yterial and reinfor-cing Sill.: nuterial Wmdowa.reaways Footing drains ; Uh4J Ia I ÍOC1 ; foundAtion venU 3. CHtMHEYS: Maim.! Flue linin!: ma~n.1 V C'nÞ (mtlJlTÙl t»J S'.(I): pi, or ø" h~.kr ---:-_ Additionaj Ùúormaûon: _ '" ____... , Pr:: €a briuled (mea"" tlltJ J Ù:,I) tlea~ ft~ aiu Fireø1aœ ftu~ ,iu ; )Va¡,er ~Ier . " 4. filEPLAæ: Type: cr .,1åd fud; [) s.u..buming; Œrcircu1Alot ( I~.¡.u 1i,..J si(., ) Fire~: facing ; lånin" Addiûona1 inIormation: 5. EX1BUOI W AW: -2 if X Ö" . /J · II ,.. # I' . I Wood frame: wood grad~. ~ ap«íes y'P Or- /'"Ir (:t] /0 o.c. "ŒrCor-ner bncing. Buildin¡ ~per« felt J!:;) t'~/r Shealhing St-y ".OTÒa",,-; lbiclcrwu / I ; width 2~ ; [!( GOlKt; 0 spaced H o. c.; 0 .:Ii.ApL1LI; Sidín&· ; grade - ; type ; .iu ; eJl:jJ(»W"e H; faalCõ1ing Shin&lea ; grade ; type ; size ; expcaW"e "; Cacn:r¡ing Scucco._. lbic~ ~ . . l..ath~ ; wei¡bl ~vmæ. Culfvr~d 5fz;J;?e, . Lf-'f!?~1'1't', l:ulIeb#'OodorQn,jle ~ftaahi4.J Muonry: 0 IIOlid 0 faoed 0 ..ucc:ocd; IoUI wa.!1 thicknfta H; r.acinS thKkneaa H; "cinS marn-i.aJ · &ckup nu&criaJ ; <JùckDea ": bondinS Door ail!. Window sill. LiJùeb Bue ftaabin« _. Interior ...,.f&c.es: cb.m~fi?{. _ COóIt.1 A ; furring ~ilÎonaJ inJOrmatioo\: fJ0rT01?? ,D/4f·'!·w b~ eonsi-. .;'rødó reel J?'ood . £XlerÎor pllintin,: matn-UJ all b4St!: 01",/ 7Jex - Devoe or: ~'( . num~ of coal. .3 Cable wall COIUlruclion: 0 same .oa main waUs; ®~her COI1acruc:IÏOn 3/ð/,?~'jØood X;/IA' ~ 2Hb~ffs ¡G) / G II a.c. 6. FLOOR fRA.MJNG: Join.: wooJ, i'nadc, and specin . _ i 0Ù1n' _ _; bridgjn, .: I If . Concrete JlAb: 0 balr-ment tloor; r!1flrJl floor; (!( ;round aupporled; 0 aelf'lupponiØff; mix see Ir~m Z reiøb-dølf T3bar$r;i?/a"o.c.e./tv.. j.·uuLaIÏOn. ; ,nembnuu: Fill WIder lI!.b: malt'rial Sand ; Ihickneas 4 Addition.t1 infonnali_: , 1 ; h..2nh Aan d1jmp and clan-ouc . ; mantel ........,. -- - ......-r-........-- ~ Ib. ~- ; ãnchon ; dúckneaa 4 , ~ H; 7. ~ (D.sai!>. u~d100ring lor sJ4·¡;jol floors undM item 2J.) ~!Iii.I~: grade and Ipec¡~1 Laid: 0 lint floor; 0 :oecond floor; 0 allie _ aq. fl.; 0 diaSOI\AI; 0 riSbl angles. ; ¡~ ; type Ad(:itional information: · ftNflSH R.OOWNG: (Wood only. D.scrib. otr..... ¡¡,Ùh flooring under ;;1Im 2J.) LocA T10H Roow.a GaAo.t s,-.cu.-s TtOCXHua W'O")"H 1k.Þo. P Arl.a FU-UH (:!'"". CO /?c rc: I~ Fine "ocr a h rooms Second floor At(jc ftcor )ìof t. fi. AdditionAl inJOnnAtiOl1: ;:IInft,'~ A Fwm,26-1852 .,,-~ DESCRJPTlON OF MATERIALS . ..,.......---- .,¡...-....- -' _._.--.~.,-_.~,_...--~......-...--- _. ~ _. .-.- '_.' ~.--...--~, ....., ~-._--'-. "'-- -_. ., DESCRIPTION OF MA TElilAlS , ~ ' 9.Þ PA.R.TITION FRAMING: ¡; U 4'h) /I sfd. VI? or ,y .ize and srucing 2)( ~/G Of/C. Other Studs: wood, g'(ade, and species .-- _~~~I~~l~=;~;::. /" X. 41 LA 7/1 OJ? Sl8el rr-¿¡n1e (See. deJa/I) Joists: wood, grade, and spccir:s Other Bridging Additional inform~tion: . 11. ROOf FRAMING: slee/ /rqn?t:; (See del-trul . ~ftt'rs: "'°ood. grade, and species . . oof tnwel (see dewl): grade and species Addition.ãL injormation: II /'x4¿ - '24o.c. .; 0 solid; 0 spaced_" o.c. ; size ; type , . weight or ùùckncss_; size ; fastening naIl ~ numœr of plies ; surfacing material ; gage or weight ' '2 G ; 0 gravel stops; 0 snow guarda ~ . ~. t: 13. GUTTERS AND DOWNSPOUTS: . Gutters: mal~rial ; gage or weight Downspouts: mater,al ; gage or weight Downspouts connected to: O.~torm s~wer; 0 sanitary sewer; 0 dry-well_ Additional information: ; size ; shape ; size ' ; ~hape o Splash blocks: material and šize ; number eo 14. ·LATH AND PLASTER Lath 0 waUs, 0 cdlings: malerial ; weighl or thickness Plastc2 coals -i finish Dry-wall !!( walls, [!(cejlings: malerial $h ~ ~ f roc I< _; thickness I/Z.' i finish Lex. fOY'e Joint Irealment TCl?~ / bed/ t/ rehecl 15. DECORATING: (Point, wallpaper, etc.) , '. ROOMS WALL FINISH l\.IATUIAL AND APrUCATlON CuuNC FINISH MATr.aLAL ANÒ ArPUCATION 1/ ð I rç}:¿.or c: /1 // , (t // b # Additional information: 16. INTERIOR DOOR~/AND TRIM: / Doors: type lZ:.. C. ,pant: , Door trin}: lyPf' ~fQ~1< ; malt>rial ~ Fånish: doors Sfain ¢ v.t:{rnish Or- /gcqG!éJr O,her train ('1"". ~)'" Clnd /C)((JI lUll ) AdditionAl inforn\atåun: __ 17. WINDOWS: 11 I ' WioLlows: I)'(X' 5(!!~ pJÇL~ ¡make /f/enco or e.r. i O}}lerJaI 11t/Hnnu/'YJ i'IaShlhic),:eu C1as$: graùt' D. 5. ð. ; 0 lash w~jghu; 0 balances. type r Y/ c f /on, ; h.ud fta.¡hing L(;./f Trim: IY~ 51-00/ é ApÞ':t212..-; ma~rÎ31 JIY.¡=>. Paint enan?~/ ; num~r coats .3 W«-ath('rstr¡pp,ng: ty~ r1h_._£g4S I<t:: I . materiafWOOl1 Ci/t/.I??//Jvn:' Storm sash, number ScrC"t'ns; 0 full; 0 half~ t)'}X : num~t i screen cloth material Basement w indowl: t)ope _; rnaterw ; screens. number Spec¡al windows e s Additional information: t:I~ ~xl. doors i 11. ENTRANCES AND EXTERIOR DETAIL: se~ /~ . Main enlrance door: m.·uf'ria: TY¡Ol'!:..:t j widlh "p/an i thickness ~". Frame: material w..p. ; thickneSl_" Other cntrant:e doors: matt"råal P / I'?e ; width /1,; thickness ~". Frame: matcrial II - thicknC$1 " Head flashing G.:!. 20 34. Weathenlripping: t)'pe ~pr/~ brol?z~ ¡saddles oqk - Screen doors: Ihicknf'!' .L£ís..."; number i tercen cloth material :Jf1 /1/.' Slorm doors: Ihickneu _"; number _Combi~t¡on storm and SCll'",n doors: thickness _"; number _, SCrtt, n cloth malerial ~huuers: 0 hinged; Œr'tixcd. Ra,lings ' 'Attic louvers EXlerior millwork: grade and ~I-"~(.if's p/nd. (Sð~ "pla,,9,) Pain: r:::.nCll"J?ðt Additional inform.uion: 19. CABINETS AND INTERIOR DETAIL: · S~~ Kitch,;n cabinets, wall unils: ¡;nalnioll· 13/r:::h Or Ash . i lineal feet of .helve. ~/.qI1:>' .helf widl" II {211 Base unilt: material ,8/t::J:-.h or As b i counler lop rorm~c4 01"" (29- ¡edging .¿t:I~~ Back and end splash ....:2flrne- . Finish of cabinets SInn? ¿ L¡;:¡c?u~".oY' 1.f1Yn/sh Medicine c.abaneu: makr ~ Sð/f!:,ctt:.cI . model Oth~r. C'ab¡~("ts and. built-in furnà~, un; PI/?<:' ~~~ /f,/trl-ns) , . _ _~ _; ~ _ Additional mrormatlon: J/¿¡I'?I'iI(!!.L m bøve. _:m~~ Iz,P.s (Øt:1y.6i~ o¡Dl,ò/Ja!., J¥(¡t.h 4/1_"i;P4?sh. 20. STAIRS: Base: type ß.. h A ,/- /, 3~/I LJ';'-C 01" /fSn . i thickncs:a _ :7~ ;¡r::c/<. ; ~eÑI -:::. p, e!2t:!J1?1el @ c/d'. ; si ze ; material ~t.1t("rial Thickness ~i..,tC'rial Thicknae M-tcrùl Siu ~trr~1 Sâ.ze l\.t~'t'.I'ial B\LL$T£k-S .- ; trim ; Storm s.a.sh. num her ; number ~u ..3 T tH, \ us RISI:JU ST1l1NG' H^"U"'-\IL , ST^IK Siu Baxmenl Main Attic Dis.ap~aring: rnak(- and model .nurnlx.-r AddÏlional information: 21. !~iOÂ!. R.CO~5 A:~¿'(¡ W.AiN$CO~f: '. ~.---'--.: . ~.;:==-¡ ~. ·%:~~L ..-1r- ' :.. U~Dl..~j;;. ~(Â~Jú:\L ~>noN MA TU..lAL., Ccx.Q~ Bowp,. Sn.u.. CAJJI. Ere. :2 e~ Kitch<:'n BAth 5 ~ II /I ä '< ~ Hr.JCHT Ih:JCHT Ovt:Jl "Cu. H!JCHT IN SHOW!.JU (F}(o\f FLOe,,) ~~~.-.. , Bathroom acceuoriea: 0 Recessed; m&teri~ Additional infonnation: ; number _ _; 0 Atuc}:led; nu.teri4l1 ; number 22.' PWMaING: ftxTUk.& as e/. N U"'N~ l...oc4 "nC:.1f Mn-I FIXT\J.~ IœHT1I1CATJOH No. Sua Cc4..c« Sink Lavatory W a to" cl~( Bathtub Shower over lubß St&ll shower ß Laundry tra ya p II a ð£!{Curuin rod ~M'Dooc ~Sbowe( pan: material L.e4d . Water aupply: Œ('public; 0 community .ystem; 0 iÐdividual (priYaJe) ty.tem.* Sewage dispo&al: £!(public; 0 community .ystem; 0 individual (private) .~.* *Shaw and dnm·bl individual -!)Istnlt ;11 comþùu 1Úlð.;1 Ì1t SIþíU"aû ~I tuJ sÞ«i/¡aJ·iOlU 1Uc«t/iJtI 4) rHpJ.;nmmls. Houte drain (inside): £!( CUI iron; 0 lile; 0 ~r H,i7 aewer (ouuide): á'" c.ut iron; 0 tile; 0 ochc:t Water piping: 0 galvanized ICed; [!( copper tubing, 0 other J<.. So . ~t::. Sill c.oclu. nwnber S e!! e. ¡.olql'"lS Domeati~w.ter heater: typc¿loÆ..rðco, (w.(!/ , ~ and model ~ t:l '(; CII. !?2-ZRS¡ heating capacity .s :;) o. 2 gph. 100· 1Ùe. Stor~ W1k: material G / c? 5 J¡;, e d ; CApäãCtty ,2 g.sll{)tu. Gu ICrvicc: 0 utility com~y; 0 liq. pèL ~;u; 0 oIbet Gu. piping: 0 C&'.XWUng; 0 'hoUle b(':.At¡n~. Footing d~in.. connectdl to: 0 storm sew-er; 0 ....a.niJAry ~; 0 dry well. Sump Pump; make and model : c..apachy T ; diac}w-gel in to 23. HEAiJNG: (St:"~ hðQli;zj' ~ .d. c. h!J~v~.6.:;1 o~he.,s.) o lUx wAter. 0 Steam. 0 Vapor. 0 O''lC-p,pe aYlten1. 0 Two-pipe: Iystem. o IUdi.&l.On. 0 CoI'lvectol'L 0 B.aeboard radialioo. MAke and model Iù.dwlC panel: 0 800.. 0 wall; 0 ~1ing. Panel ccil: material o Circulator. 0 Retum pump. ~take and model Boiler: make and model Addåtåon.al in formatåoo : Output : upACity .Btuh.; net ra~ing gp.¡n. Drub. Warm ai..: 0 Gravity. 0 Forad. Type of .Ylt~m D~c rn3terial: supply Furnace: make and model Additional, informali~n: o Space heater; 0 ftoor furnace;' 0 wall he..tet'. Input Makt:. model Controls: make and typet Additao.,..I information: a Fuel: 0 Coal; 0 oil; 0 gaa; 0 liq. pet. ga.; 0 electric; 0 other . Addition.a.l information: Firing equipmenr furnished aeparately: 0 Gu bunter. c:)4venioa type. 0 Stoker: hopper feed 0; bin feed 0 Oil bumer: 0 preaaure atomizing; 0 vaporixing Make and model ¡\ddicional in fonnatiol1 : Electric heating .y.u~m: type Addhional information: _ Venûlating eqwpment:yoofran. make and m,~el kitcheø exh..iwI f.an. ITa ~kc . ~d model V ~ n Oth~r heating, venti....ting.. or cooling equipmer.t AI {..I !-One: or eq. ; return Inauiaôon _ Input , thickness Btuh.; output o Outside air ¡lltal:C. Btuh. Btuh.; output Addibonal information: Bcuh.; number units ; storage capacity Control Input waUl, @ ._ ~lt.; ØUlput Béuiï. ; ca~ty /250 cJin. 24. aEC1'R1C WIRING: Servk:e: Œ( overhead; 0 un derðTOUnd. PAn~l: 0 rUle box; £!r'cÎI'cuit-brcaker; make Wiring: 0 conduit: 0 armored cable; rB"'nonmdallic c~ble; d knob and tube; 0 ot~ Special outlets: £!( range; 0 water heater; 0 Gth~r o Doorbell. ~Chimes. Push-button locations /rol'Jl door ;V¿lIo/?~ Additiorul infonnation: AMP', ,. l'?t!1r No. cirGulu COdd . ....- 25. UGH11NG RxruW: S~~ Total number of fixtu~ /Pla nS To<&1 allo\vance ~r fixturC:S. typicaJ ¡rutaUation, S Non typic.al in.staU~tion Addi bonal information: 800 o~ . . .. r ;.t 3 I DESCRIPTION OF MATERIALS ~.-',"","I-:'.""" ~~<'r"_,,,,:......,...,..~~,r~. .~. _. ._~ ~ ,_.....>I.._'................,;.~..........~....._._....___...-.-_"~.___..... " .___..... -,-__...-_ .v~_"",,"·.~ _..._. ~_~._,....-....."'._. ___-._ _.6_ _ ........___---._..~_ _._.,....___~ ~.._ .,þ. _.~.._.~.___-,..,_. __ _..___. _......,........ -,......_._ _.,... ...~_'..._.... __.....,...._......'0ft.7-"...,.... D ¿ S c:r~i? '1'1 () ~".J C f ¡·0v;.. f ~.'~,~)-\.:,.s 26. ~íNSÚLAnorJ: . b'q'~ ~- ~--- ~ #.-,.~................-,,-- LOt!A no.. TKk1M..... MA n.JtJAL. 'l'tn. ~ þ þ..h:1"1+00 C)tI/ II'ttT A lLA TtON VA l'O« &.u.la Roof e:1ing Wall Floor .....RDW~. (moJc., moleriol, onJ finish.' J1/e/5~r or O/C/'::¡/ -~':'-~ SPECIAL EQUIPMENT: (Stot. moNrial 01' mox., mod., and quantity. Includa on'y equipmant and opplioncfi' which or. accapt- obI. by local law, cu. 10m and oppljcobl. FHA .tanJørch. Do not incJudo item, which, by ostobli,hed custon1, or. Jupplied by ibitod by low from bocoming realty.) ec; · s. l1Iu/on~ 5 / L hs ¢ Uas/~y IJe Tt!Jor/'7. 308 $1'32 ooð7 27. MISCEUANJ:OUS: (o..cribe any moin, d~¡nu materia'" .J~t, CT COIUIrucnort ¡"'ms not shown .ls.whéiNl; or us. to provide adcitionol ;nformalion wh.,.. th. .pac. pTO~idttd wa. ;nøclfKJuot.. Always ",""ncw by it-.m number to correspond to nu mb.ring , used ' on tNs formJ ' /.3q f'l/~s "'~C/ireclh/hó~e ~a}~e. ýcr¡ls Cfre C/sec/. d.rb'~r ~ bß t':e!2ftcl_'1h ovrs/ile e. . POloæS: 411 Concy~/~ :;-Ictb Conslr-ucf/oYj SC/;?,?é'! as hoose TERRACES: 1i COJ"'Jcrele. s/':q6 lGII J< G,:/ /0,,/0 W/r~ J??ðsh GAIAGëS: WALKS AND D~V£WAYS: Driveway: widlh b7;;", ; ba~ materiAl2B..n d : thkkncu 4- If; surfacing material . Fronl walk: widrhl 5' : m.,ma1COY)c.Y(~f~; thiclu\eSl-4.H. Servke wAlk: wid,h 3/ SltpI: material ConcY-ef-~ _; treads /2 H; rUen (õ N. Ch~k w~u. CO" c r ~ f e. ; thickness 4- " ; materiAl cone.; thickncu~ " orNEI ONSITE IMPaO~IS: (SJHtif1 .11 ,~II';" Ø/ll;l~ i"'þ,,,II,,,,,ttIS 1101 tI,(YiÑIJ ,lHwA/~, ¡'.clil.i,., il,/IU lilt/' øs 1t1IUUtuJ/ "oJiifl. ¿,¡Jilt.'" Slrw/UTII, ~/1I;f;"IIlJtt/Û,J~II", 'Ø'-/Ù'lS, .ltd tltrl'ldr;Jlltwtl."I.) _ ~ayd Iz:, pc: /~vt:/~d d :Jr~ded' . C¡~acl~ '"TO I(':,f d;-¿:¡,;' aWA'-I /-YQJ'Y) n~us~ .,,/ v ' I LANDSCAHroIO,PLANnNO, AND FlNI;H GaADtNO: (RfI.A. 4 /. A. ðÞ1l:J) TopIOil " chit": 0 front yard: D .kle y.u'da; 0 rear yard to (eet behind m.a1n buUdln.. Law", (INtÙJ, soíIJÞJ, ØI I¡""U'J): 0 fron' yard - : 0 ,lkIe yard. : D rear yard Plantin¡: 0 A' Ipc-c¡fird and ahown on drAwåa,p; 0 AI follows: / stwde t~ deciduoul.. Z H cali.xr. Low ftowmn. treu, dec,duOUl, __' 10_' High-Srowins .hruha, deciduous, _ _. 10_____' Mcdium-growinJ .hruba~ dccid uow , ___' &0_' -_ Low·Srowi-nS .hrub., deciduous, __' 10_' ID&HT1nCATIOH.-'J:ñil ·exhibic .hAlI be idcntHì<:tl by the aigoature ~/the builder, or IpGðJCr. and/or the proposed mongagor if the latter' ia known at the time of application. ¡ ~ ::.' E ver¡reoea Creet. Ever¡ree n shNt.. Vines. :I-year f 10 , to '.8'& B. I, B at B. DAte Sipalun' ~form2005 I. A Form 26-1152 S¡,n.-Ature . _.. _....-...-._ --,._~.-.,--.....c_ _ ~....._,._"._ '~_~.. ._.T ..- - .-..-...,-.--.-. .--. _. ->~""'., # ._~~ ..,. . '.... -...... ~ '. -.-.-.....-- -....-.._""' .......-......... _._.~, ,.,....,... .~._.-..:.. -'......,._._,,;''".~ e· ~ ,,~ ~ , Art~ 1: .69 -7 {, CITIES, TOWNS AND VILLAGES Title 28 " additional to those granted by other la\vs--Severability Sec. . O. he powers conferred by this Act shall be in addition and supplemel1 ry to, and the limitations by this Act shall not affect the powers conferred by any other general, special, or local' law · If anyone or more 'sections _ or provisions of this Act, or the application thereof to any person or circumstance, shall ever be held by any court of competent jurisdiction to be invalid, the remaining provisions of this Act and the application thereof to persons or circumstances other than those to which it. is held to be invalid, shall not be affected thereby, it being the inten- tion of this legislature to enact the remaining provisions of this Act not- withstanding such invalidity. Acts 1979, 66th Leg., p. 2186, ch. 835, eff. June· 14, 1979. Title of Act: characteristics of a corporation's bonds': An Act authorizing cities and counties to providing for exemption from taxationaf create and utilize public nonprofit corpora- properties of a corporation; enacting other tlons for the purpose of providing a means provisions relating to the subject; provid- of financing the cost of residential owner- ing for the cumulative effect of the act; ship and development that will provide de- providing a severability clause; and de- cent, safe, and sanitary housing for resi- claring an emergency. Acts 1979, .66th dents; defining terms; prescribing. the Leg., p. 2186. ch. 835.' ',,~.. procedure for the creation, organization, Library References .' and dissolution of a corporation; prescrib- Corporations ~4, 18, 370(1). ing the powers of a corporation: providing C.J.S. Corporations §§ 23 et seq.. for the issuance, payment, security, and seq., 941. , . CHAPTER TWENTY -TWO-CIVIL SERVICE . , .' FIRE~IEN AND POLICEMEX Art. .- 1269n. PoUtical campaigns; coercing po- liceman or fireman [New]. 12690. T,vo platoon fire system and hours of labor in certain counties. 1269p. Hours of labor and vacations of firemen and policemen in certain cities. _ Art. 1269q. COlnpensatlon of firemen Heemen In certain cities. 1269r. Compensation of, t'iren1en and- ltcernen for court appearances.; 1269s. Defense of civil suits against peace officers [New]. . . FIREl\IEN AND POLICE~IEN Art. 1269m.· Firemen's and Policemen's Civil Service . '10,0.00 ,\ * * *. *, * '* * * * Definitions See: _2. By the term "Firemanu is meant any member of partment appointed to such position in substantial compliance' provisions of Sections, 9, 10 and 11 of this Act, or entitled to Status under Section 24 of this A'ct~·-. The term includes firemen form fire suppression, fire prevention, fire training, fire fire maintenance, fire communications, fire medical fire photography, or fire administration. By the term meant any member of the Police Department appointed to in substantial compliance ,vith the provisions of Sections 9, 1Q, this Act, or entitled to Civil Service Status under Section 24 of By the term'UCommission" as used herein is meant the Policemen's. Civil Service Commission.. The term "Director" tor of Firemen's and Policemen's Civil Service., . Sec. 2 amended by Acts 1979,..66th Leg., p. 1856,' ch. 753, § 1, 1979. -' ' ' 260 " . Title '28 'CITIES, TOWN * "., *' * *'; * > . , Investigations Sec. 5a. The Co -". · report upon aU mmlSSJOn may visions of this Amatters touching, t and shaH ascerta~~ and th~ rules a are being obeyed whe~her this A by any Commissi' Such l~1Vestigatio ~hecourse of one~ desIgnated by sioner shaH ha~~c~~nvestigation th attendance of ·t ' power to admi uments and WI nesses and the pro th ' accounts t·· e deposition f. per aInIng to in the manne/ ;{ltn~sses residing \ the court of ori~ne:tr1bed b~ I~w fo States; and th and unlImIted ju hereunder shane hoaths administered by a magistrate ina~~ t~e ~a~e force any person so s b s JUdIcIal capaci shall be deemed U I!0enaed to comply Sec. 5a amende: ~lOlation of this Act, 1~ 1979. . Y Acts 1979~' 66th .. .;.i'· , S· . ' . .'~" ,.PubJic ref] ec. 5b. The C·· ' t!tat come before it o~mIssI~n .shaH kel rIng Commissio .',. ommlsslon decis issued. by the;ers. .~ AU rules, opiniol shall be retained Om~!tsion shaH be WJ Sec. 5b added b °An 1 e by the Commiss 1979. . Y cts 1979, 66th L ~. e g. J '* *' * ) ~.. * '. * *' ", Classj lfcatfo~ ~i tfreme T~xt of seêti ",educational inct! _ 89, § 1 . on as amended by A( . Sec~ .'8~"· The' Co .. . fIremen and police - t:nm1Sslon shall pro anee.of the' City C men: Su.ch cJassifiè¡ Jative;:··body, sh~lIr .ouncIJ: or legislative I classification. presçrlbe by ordinanc~ . No' classification n ... . ' In such cities, sh II ow In. eXIstence dance with th'ep:O . eyer be filled exc;p shall be paid th' . VIs.lons of this Jaw. J. fOllowing.. types :fsame ,salary and in ad~ (2) seniority p . pay that they may be pay. This shalfY' t (3) . educational incE tin~ some person n~ror::;event the Head of a hIgher classificati . t the next lower el the . ~ead of the D on emporarily, bu t a POsItIon plus his o:partmen~ shaH bepaic thereof. The t '. n ongevJty pay durin() b r . emporary perf e Y a person \.vho h " ormance of o~ this Act shaH nas not been Promoted in cI,es shall"be fiHede~er e construed to pI nIshed by'the CO .Y .perm~nen~ appoin1 CUrs. ·r.. - . ~mlsS.,10n W. Ithin n· t , "" /'...... '. Ine y (~ 261 aitle28 rability .an addition and not affect the a\v. If anyone tion thereof to rt of competent . is Act and the those to which . eing the inten- :0£ this Act not- rporation's bonds: from taxation ot n' enacting other :e ~ubject; provid- ·effect of the act: clause; and de- Acts 1979. 66th, 10(1). i 23 et seQ.. 52 et ':~.. and po- firenren and po- t a ppea.rances. t Its against peaot ove.r ... "''''the Fire De- nee \vith the 'Civil Sen"ico :i. en who per-- ty education. "y technol~,?·, 01 iceman' 1. .:- uch po~ition ~ 10 and 1 t of " of this .\ct. ;·rernen's And "'means Dirc-c- TitJe '28 CITIES, TOWNS AND VILLAGES Art. 1269m ,* * * *,., * *- * * * * , Investigations and Inspections .- Sec, 5a. The COlnmission may make investigations concerning, and report upon aH matters touching, the enforcement and effect of the pro- visions of this Act, and the rules and regulations prescribed hereunder; and shaH ascertain whether this Act and all such ruJes and reguJations are being obeyed. Such investigations may be made by the Commission or by any Commissioner designated by the Commission for that purpose. In the course of. such investigation the Commission or designatedCommis_ sioner shaH have the power to administer oaths, subpoena and require the attendance of witnesses and the producing by them of books, papers, doc- uments, and accounts pertaining to the investigation, and also to cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for Jike depositions in civi) actions in the court of originaJ and unlimited jurisdiction to civil suits of the United States; and the oaths administered hereunder and the subpoenas issued hereunder sha)) have the same force and effect as the oaths 'administered by a magistrate in his jUdicial capacity; and the faiJure upon the part of any person so subpoenaed to comply with the provisions of this Section shaH be deemed a violation of this Act, and punishable as such. . . Sec, 5a amended by Acts 1979, 66th Leg., p: 1856, ch. 753, § .1, eff. Sept. I, 1979. " . . '. - , Pub1ic 'records Sec. 5b. The Commission shaH keep records of aH hearings or cases that come before it. Commission decisions shaJl be signed by the concur- ring- Commissioners. 'All rules, opinions, directives, decisions, and orders issued. by the Commission shall be written and are public records that shaH be retained on file by the Commission. Sec, 5b added by. Acts 1979, 66th Leg., p: 1857, ch. 753, § 2, eft. Sept.. 1, 1979. . , . "; '* * * * * * ,', * * * * C)assiff~ation ot firemen and poUcenÍen; . : educatfonaJ Jncentlve pay . ,,:. . Text of section as amended by Acts 1979, 66th, Leg"p. 152,.ch,. . 83, § 1.. .. . . _, . . Sec.B. '. The Commission shaH provide qfor the . classification . of aU firemèri and policemen. Such classification shall be provided by ordin- ancê of the City Council, or lEigislative body. .. Said City Council, or legis- Jativebody, shaH presçribe by ordinance the number of Positions of each classification. '. ,. . No classification now in. existence, or that may be hereafter created in such cities, shall ever be filled except by examination held in accord- dance with the provisions of this law, AH persons in each Classification shaU be paid the same salary and in addition thereto be p~1Ïd any of the foHowing types of pay that they may be entitled to: (1) longevity pay; (2) seniority pay; (3) educational incentive pay; or (4) assignment pay. This shaH not prevent the Head of such Department from designa-:- ting some person from the next lower cJassification to fill a position in a higher classification temporarily, but any such person so designated by the Head of the Department shall be paid the base salary of such higher Position plus his own longevity pay during the time he performs the duties thereof. The temporary performance of the duties of any such position by a person who has not been promoted in accordance with the provisions of this Act shaH never be construed to promote such person. AU vacan- cies shall be fiUed by permanent appointment from eligibility lists fUr- nished by the Commission within ninety (90) days after such vacancy oc- curs. "J ., ,. " 261 . * * . . . . Art.; 126901 CITIES, TOWNS AND VILLAGES Title 28 Firemen and policemen shall be classified as above provided, and shall be under civil service protection except the Chief or H'ead of such Fire Department or Police Department, by whatever name he may be known.' .- Said, Chiefs or Department Heads shall'be appointed by the Ch ief Executive, and confirmed by the City Councilor legislative body except in cities ,where the Department Heads are elected. In those cities having elective Fire and Police Commissioners the appointments for Chiefs and Heads of those Departments shall be' made by the respective Fire or Police Commissioners in whose Department the vacancy exists, and such appo~ntment~, ~haIl be ~onfirme~ by the City Council, or legislative body. Said City Councilor legislative body may authorize educational in- centive pay. in addition to regular pay for policemen and firemen with- in each classification, who have succes.sfully completed courses in an accredited college or university, provided that such courses are applicable toward a degree in law enforcement-police science and include· the core curriculum in law enforcement or are applicable toward a degree in fire science. An accredited college or university, as that term is used herein, shall mean any college or university accredited by the .nationally recog- nized accrediting agency and the state board of education in the state wherein said college or university is located and approved or certified by the Texas Commission on La\v Enforcement Office~ Standards and Ed- ucation as teaching.. the core curriculum or its equivalent or, in the case' of fire science degree courses, approved or certified by the Texas Com- mission on Fire Protection, Personnel Standards, and Education. Core curriculum in law enforcement, as used' herein, shall mean those courses in law enforcement education as approved by the Coordinating Board, Texas College and University System and the Texas Commission on Law Enforcement Officer Standards and Education. . Sec.' 8 amended by Acts 1973, 63rd Leg., p. 300, ch. 140, § 1, eff. May 21, 1973; Acts 1979, 66th Leg., p. 152, ch. 83, § 1, eff. April 26, 1979. Classification o~ firelnen and policelne~; educational incentive pay Text of section as amended by Acts 1979, 66th Leg., p. 1857, 'ck. 759, § 9 ' , Sec. 8. The Commission shall provide for thecJassification of all firemen and policemen. 'Such classification shall be provided by ordi- nance of the City Council, or legislative body. Said City Council, or legis- lativebody, shall prescrib~ by ordinance, the number of positions of each classification. . , No classification now in existence, or that may be hereafter created in such èities, shall ever be fi]]ed except by examination held in accordance with the provisions of this law. . All persons in each classification shall be paid the same salary and in addition thereto be paid any longevity, senior- ity, educational incentive pay, or certification pay that he may be entitled to. This shall not prevent the Head of such' Department from designating . some person' from the next lower classification to fiB a position in a high- er classification temporarily, but any such person so designated by the ,Head of the Department shall be paid the base salary of such higher posi- ' tion plus his own longevity pay during the time he performs the duties thereof. The temporary performance of the duties of any such position by a person who has not been promoted in accordance with the provisions of this Aet shall never be construed to promote such person. All vacan- cies shaH be filled by permanent appointment from eligibility lists fur- nished by the Commission within sixty (60) days after such vacancy oc- curs. If no list is in existence, the vacancies shall be filled from a list 262 .. - -- ~ ,.' .- _.~... .--.-----."-.-- -..-.-- ------~-- ;which the :vacancy oce -,:J, Firemen ?~(' be under ci 'U_:( D,cpartment '":,, ' Said Chi ,;~.,' ècu ti ve, and ,~,'"',::,i,',~..,',·,1,,.-,'~, ~'" ',CÏ ti e~ w h e.re ., It.f~;:electlve FJre, I;{i: Heads of tho '" ~~;, Commissione~' ~t,c-':ments shaH ; ,~,..-:,. The City j-,,~..'," incentive pa ,.;':,~' has s uccessf J.;" jf the criteri :~:.> wri ting, and ,b{~_ criteria. If a' "" fy themseJve City Council . those firemen I: mission on F- '" men meeting Law Enforce ; Sec. 8 amend ' ~ , 1973; Acts 1 Sec. SA. I Sept. 1, 1979. . .1 Se~. 8B. ~ accordIng to t , r¿!~~~o;:¥ , . of the fire de .~ for the assign' '(b) In thi (1) "Emer department \v portation for (2) "HeJic who pilots heJi (3) "Bomb' rnent who is a, detection, hand (4) uSpecia' police departm squad and actu weapons and ta (c) In an. to the most ree authorize assig and special \\~e an amount and signment pay s of the police de . bIe for the assi Sec. 8B added 1979. , , f t f î' f r f l j VILLAGES - Title 28 ssifAs above provided, and cept~ Chief or Head of such by whatever name he may be hall be appointed by the Chief uncil or legislative body exc~pt elected. In those citie~ haVIng he appointments' for Chle~s ~nd adc by the respective FIre or ent the vacancy exi~ts, ~nd such City Councilor legIslatIve body. y m~y authorize ed~cational.in- or policemen and fIremen .wlth- ssfully completed courses~n an that such courses are applIcable lice science and incl~de' th~ c~re pplicable toward a degree In fl.re rsity as that term is ,used hereIn, credited by the .nationally recog- board of education ~n th~ ~t~te ocated and approved, or certIfIed cement Officer. Standards and Ed- or its equivalent or, in the case d or certified by the Texas Com- Standards, and Education.· Core . herein shall mean those courses 'oved' b; the Coordinating Board, nd, the 'Texas Commission on Law ucation. , ' 1 ., .' ch. 140, § 1, eff. May.2 , , § . April 26, 1~79. nen; educational incenti~e pay cts1979, .66th Leg., p. 1857, 'ch. ovide for the 'classification of a~l ication', shall be provide.d by or~l- e body. Said City CouncIl, or legls- nce the numper of positions of, each or that may be hereafter created in by examination he~d. in .accordance ersons in each clasSIficatIon shal~ be hereto be paid any longevity, se~Ior- ificationpay that he may be .entlt~ed f such' Department from desIgnatIng sification to fill a position in a high- y such 'person so designa!ed by th.e , the base salary of such hIgher pO.Sl- ingthe time he perfor~s the d~t!es e of the duties of any such PO~l~lon ed in accordance with the provIsIons to promote such per~o?., AI.l vacan- ppointment from eligIbIlIty lIsts fur- xty,(60) days after such vacancy ~c- vacancies shall be filled from ~ list 62 . . '"'" ~ . .,~ ~.~: " .~7X~,~~~.~l.~~,·· - ~. i(.':';..\,; ..Aò(,w Title 28 CITIES, TOWNS AND VILLAGES Art. ',1269R1 which the Commission shall provide within ninety (90) days after the vacancy occurs. Firemen and policemen shall be classified as above providedl and shall be under ,civil service protection except the Chief or Head of such Fire Department or Police Department, by whatever name he may be known. Said Chiefs or ,'Department Heads shall be appointed by the Chief Ex- ecutive, and confirmed by the City Council or legislative body except in cities where the Department I-Ieads are èlected. In those cities having elective Fire and Police Commissioners the appointments for, Chiefs and Heads of those Departments shall be made by the respective Fire or Polièe Commissioners in whose Department the vacancy èxists, ·and such appoint- ments shall 'be confirmed by the City Council or legislative body.' The City Council or legislative body of a- 'city may authorize educational incentive 'pay in. addition to regular pay for a fireman or policeman who ,- has successfully completed courses at an accredited college .or university if the criteria for the educational incentive pay is' clearly established, fs in writing, and is applied equally to all firemen or policemen meeting., the criteria. If all firemen or policemen are ,afforded an opportunity to quali~ fy themselves· for certification, certification pay may be'aúthorizéd by the City Co~ncil or legislative bpdy of the city in addition to 'regular pay' for those firemen meeting, the require·ments for certification set by the Com-' mission on Fire Protection Personnel Standards and Education or 'police::' men meeting the requirements for certification sèt by the Commissiòn on Law, Enforcement Officer Standards and Educatio'n.,-, .' - ,'- ,. Sec. 8 am~ndedby Acts 1973, 63rd Leg., p. 300, ,ch. 140~, § 1, eff. l\Iay" ..21, . 1973; Acts 1979, 66th Leg., p. .1857, ch.. 753,' § 3, eff. Sept. ,1, 1979. Sec. SA. Repealed by Act~ 1979, 66th Leg.;,p. '1868, ch. 753,§ 12, eff. Sept. .1, 1979. .',' " . .. Cities of 1,200,000 or. nl01'e; assignnlent pa)9 . . Sec. SH. (a) In any city having a popu-!ation of '1,200,000 or more, according to the most recent federal census, the citycoun'cil'or legislative body may authorize assignment pay for emergency ambulance attendants in an amount and payable under conditions· as set by ordinance. ',The as- signment pay shall be in addition to the regular pay received by members of the fire department. The chief- of the firedepartment.is not ·eligible for the 'assignment pay authorized by this' section., . --;.,"; '(b) In this section: ", (1) "Emergency ambulance attendant" imeans a member ··of the fire. department \vho provides emergency medical. care and emergenèy:trans- portation for members of the public...' " , '... ' :, -' (2) "Helicopter personnel" means a member of the ,police 'department who pilots helicopters or rides as an observer in helicopters. (3) "Bomb'squad personnel" means a member· of the police depart- ment who is assigned to the bomb squad and actually participates in the detection, handling, or disarming of explosive devices or rnaterials~: ,..: (4) "Special weapons and tactics personnel" means' a member of the police department 'who is assigned to the 'specialweapons, and tactics squad and actually performs, the duties' and responsibilities of the special weapons and tactics squad. : (c) In any city having a population of 1,200,000 or more aècording to the most recent federal census, the city council or legislative body may authorize assignment pay' for helicopter personnel, bomb squad personnel, and special weapons and tactics personnel. Assignment pay shall be in an amount and payable under conditions as set by ordinance. Th~'as- signment pay shall be in addition. to the regular pay received by members of the police department. The chief of the police department. is not eligi- , bIe for the assignment pay authorized by this section. Sec. 8B added by Acts 1979, 66th Leg., p. 153,ch. 83, § 2, eff.' April 2&, 1979. .. t, 263 ,. ...-.... .-...........~'-,~"'/IIJ!.J"~!-1;'~1.";" ....~~,\f>-; ..-~ ~'-~'If):.....'þ... ......~:'_..~4~~' > . 'T' . 'IT .,,: .' " ,," . ,.~. - . ',",' , ., ^. . . : ",>,,' ,.' <:;.,..... ...j. " . . ~~. ~. : ' , .)' '.' :.: J > :i) 'A, '("i{ ... . " ê: ';,(.~;;¡.~~ .;,"';;' .::,'.' "~':;:I~ff~' ~Þ'1r ~'?-le: :.:;'.'" :y, \'?':'. !{' .'~ ~ "K.' 'i",<'., ,. :f ~(':.') 'f)III,III>~ ::-'. ~ ~~ ~ .J i¡f; ,~.~ ",'/: '"\'.'~rfi~~}~~;~~ :·:ft":·::<· 'è·~t ;;" ), .~;¡~ >. :-¡' . ",.;; .~ ~';~ ,,:';,;;:,,; :,.;;? h',. x:<; .,;:t2\~~>r :d. ,:.,:.: i1Ji '. ·~';>',<t!'';' -,c;1..::;~,:: ; ~ \;2~'\~ \.. ~~:',~;;~,~~ liiil ..:; ~}~., ..: >; ~\~t~~~ :;: ::t: >. '~;:; " ,¡ " . · .:;y;, ':'¡;:;¡~';''.\/' 3 :.'~ ;;:; '·';:¡.i::"", é".'J!. -\\.t ~~,... 4 ~.:'>, .-;/\., 'v:. \.~ . :::Y:",:'{ , ~; ~'" ?;~'. . .;ê;:~, ~ 1"'.,. )~';,,~;,:, .., i :f::t~;:':X ,;,; .~"'~ }/>.,:., ...., " <-, .',. ',.:" '..(: ~. ~ . ò: .... Art. 1269rn CITIES, TOWNS AND VILLAGES Title 28 . , EXaInination for eligibilit.y 1ists Sec. 9. The Commission shall make provisions 'for open, competitive and free examinations Jor persons making proper application and meet- ing the requirements as herein prescribed. All eJigibility. lists for ap- pJicants for original positions in the Fire and Police Departments· shall be created only as a result of such examinations, and no appointments shall ever be made for any position in such Departments except as a result of. such examination, which shall be based on the applicant's knowledge of and qualifications for fire fighting and \\york in the Fire Department, or for police work and work in the Police Department, as shown by com- petitive examinations in the presence of all applicants for such, position, and shall provide for thorough inquiry into the applicant's general edu- cation and mental ability. Fire Department entrance examinations' may be given at different locations if all applicants are given ·the same ex- amination and -examined in the presence of other applicants. An appli- cant- may not take' the examination more than once for each eligibility list.. An applicant may not take an e~amination .unless at least one (1) , other applicant being tested is present. i" . - . . An applicant who has' served in t1}e armed for'ces' òf the United States and who reeeived an honorable discharge shall receive five (5) points in addition tóhis competitive grades. . The Commission shaH keep all eligibility lists for applicants for orig- inal positions in the Fire' Department or' Police. Department· in effect f~r not les~. than six' (6) months nor more than t\velve (12). mon'ths unless the names of all applicants have been referred to the appropriate De- partment.·· The Commission shall give a ne\v 'examination' at the end of the twelve (12) month period or sooner, if appJicable, or if all names on the list have been referred to the appropriate Department~ :The Commission shall determine. how long each eligibility list shall remain in effect with- in the six (6) -to twelve (12) month period and shall include this informa- tion ·on the eligibility .announcement. - ,. " , '.' Appropriate' physical examinations shall be required of all applicants for-beginning .orpromotional positions, and the examinations shall be given by-a physician appointed by the Commission and paid by such city; and in the event of rejection ,by such physician, the applicant may caU for further examination by a board of three (3) physicians' appointed by the Commission;' but at the expense of,the applicant, whose findings shall . be finaL The .age and physical requirements shall- be se~ by the Com- mission in accordance with provisions of this law and shall be the same foz: all applicants. _ " . ., 'No person shall be certified as eligible for a ,beginning position with a Fire Department who' has reached his, thirty-sixth birthday. ~:, No person shall be certified as eligible for a beginning position with a Police De- partment who has reached his thirty-sixth birthday· unless the applicant has at least five (5) years prior experience as a peace officer. No person shall be certified as eligible for a beginning position with a Police Depart- ment who' has reached his forty-fifth birthday. All police officers and firemen coming under this Act must be able to -intelligently read and write the Eng1ish language. When' a question arises as to whether a fireman or policeman is suf- ficiently physically fit to continue his duties, the employee shall submit a report from his personal physician to the Corl1mission. If the Com- mission, the head of the Department, or the employee questions the re- port, the Commission shall appoint a physician to examine the employee and to submit a'report to the Commission, to the head of the Department, and to the employee. If the appointed physician's report disagrees with. the report 'of the employee's personal phy~ician, the Commission shall ap- 264 i:,: ~;.i;" ~':; J ~'." I,. -B'''< :z:,<; ~~; :,A ".j,:¡ :. :' ;i t~(·~~ ,:,' ';j,: '..... >':;;..... :~; ¡;,~:,: . -'i rl~~¡il::;\·::,- ;.:.~ [·.c, : "..) i {f~ 'i;'" . ';" t') fk.~>~. ~:': . :::"~ ~',. .'. .' ';";"',; ..)~; ;',' ;;. " ",: >;'\., > :< ..t. ;, ',' .~ ~~. 1; ..' ...... ..'...... ,Ji.J 1:~"",, :;; :~,:~< ':':<} :r .,.~ ':,' :--¡;-: ,.:, ,<'" )". ,-....; "..{ t ; >; t~:,i ~2~..!~':~tt~~ ." '.'<,: ;:";'. <);. i; ~~ ;: ~.;-;. -:.,; j hi~ ,.,'} )~ ;, ,>- ;~ ' ::: .: ~ ¡.': ~} " :':j' .' ~;- ;~ ~F ;i;t j' ~~;;: :~ t: i~ k >t' - :. '. ',1 . "~¡ <, 'I.} -, ~'; 7. '.: .~~t ,/ '. .:~~7f~~;. "i~,.:~~}:,~ ,;:!.,~! ;':(~J:A;~ . :,;i:~T~i" .t;. ~.. + ~~':~ ~;.~ . ':' .¡ ..,. . . qr~t~'~'~~';;Í'0.~(~1;~:t~~~E~,:t~~~?~!;~:~,;~?;;t?:~~":.,Y"!+tM~~~~~;:#~. .' , , ". '... - . . . ". ". . , .:. ", '.~' :'. ." ..C"';- _._~.;..~ ','i" __.....~~ It i~j I ~.:.,~ ~~ .. ~;1 I:J . ri i;.; ï ~ ~ ~J '¡å '~ I ~ Title 2~ point a finding~ The cog. paid by A fi~ by a fir' ered fro ability 1>; \vise qu~ that he } sion. Sec. 9 ari 1971; Ai 1979, 66t] * :.,; Sec. 1" nlent or r of one (1 man, Po1i period, it ~ ment or p Firemen 0 in complia lations of :<~ probationa served the ' compliance' shall auton have fuH c except thatj ·ment, excep: by the Coml vided hereizi A J 1 of fie shall be est" provided ho e~tab1ish a ] VJce benefit, substantia] (- Act, or entit Sec. 12 anler' 1979. ~' h ",: Elnp Sec. 12A. ~ from joining ··not joining 31 retention of a Sec. 12A add~ '1979. i~. ~.; r;,. Sec. 13. J tion and at le~ motion, the Ct cated in the nt' and in plain vi' ..,' , ~".. ,;: t::~ Title 28 VILLAGES obil.Sts ..' Of r open competitive PrOVISIons 0 , d t 1· t· n mee- ng proper app lca 10~ a, b d All eligibility lIsts for ap- e ·d Police Departments shall be t~n and no appointm, ents shall Ions, 't result Departments e~cep, as a sed on the applIcant s knowledge d' T k in the Fire Department, n wor ,,- b om ce D'epartment, as shown y.c . - f all applicants for such, posItIon, into the applicant's .~en~~·al, edu- tment entr~nce examInations may pplicants are,qgiven the same e~- ce of other' applicants. A,? .a~~II- than once for each elIgIbIlIty o~e . tl.on Unless 'at" least one (1) amIna ,.' armed f~rces Öf the United .Stat~s ge>.shaU receive five (5) pomts m °bT~Y lists for applicants for orig- lo;~olice Department· in effect/or . 'than' twelve (12), month~ un ess e " Prlate De- n 11eferred to ~he appro, f th '. to 't the end 0 e a ne\v'eXamlna Ion a th f applicable, or if, 'all names O.D ° e t ·Th CommIssIon iate Departmen.' e . it. shall remain in e!f:ct wIth- · y shall' include, thIS Inform a- rlO shall b~requir~dof all a'PPlican~s d: the, examiriations shall. e ns, an , ·d b h CIty· Commission' and pal. Y suc cali h physician, the applIcant ~ay f three (3) physicians ~pp~lllte~h~Í1 f.the applicant, whose fmdmgs C m- uirementsshall be set by the 0 e 18 of this.la'w a~d ,shall be the sam ,", ,~' '. · °th a ibIe for a ;beginning posItIon WI ' g 'b· thd Y " No person is thirty-sixth Ir a.' . D '. · . .. ·th a polIce e- eglnnIng' posItIon WI . nt '-sixth hirthday unle~s the appl~~=on rience as a peace OffIcer. . No p art- inning'position with a police Dep h birthday.··.: b bIe to oming under this ~ct must e a lish language. . ". is suf- ether a' fireman or polIceman b ï his duties, the e~pl~ye~ ~~a~~:uc:~_ · an to' the CommIsSion.. e re- nt, or the employee ~uestlons ~hloyee a physician to examIne the e P t ission, tÕ the. head of the. Dep.a~;~~~h ted physician's report .dl~agl ehal1 ap- al phy~icianJ the CommIssIon s 264. Title 28 CITIES, TO\VNS AND VILLAGES Art. 12691D point a board of three (3) physicians to examine, the employee. Their findings as to the employee's fitness for duty shall determine the issue. The cost of the services of the employee's personal physician shaH be paid by the employee. All other costs shall be paid by the city.' ' A fireman or policeman \\Tho has been certified by a physician selected by a firemen's or policemen's relief .or retirement fund as having recov- ered from a disability for which he has been receiving a monthly dis- ability pension shall, with the approval of the Commission and if other- wise qualified, be eligible for reappointment to the classified position that ,he held as of the. date that he qualified for a monthly disability pen- sion. Sec. 9 ame'nded by Acts 1971, 62nd Leg., p. 939, ch. 150, § 1, eff. May 11, 1971; Acts 1977, 65th Leg., p. 1130, ch. 424, § 1, eff. Aug. 29, 1971; Acts 1979, 66th Leg., p. 1858, ch. 753, § 4, eff. Sept. 1, 1979. . . Sec. 12. . A person who has recei~ed appointment to the Fire Depart- . ment or Police Department hereunder,. shall serve a probationary peri(jd of one (1) year from date of employment with the Depal'"tment as a Fire- man, PoHceman, or trainee in an academy. During such probationary period, it shall be the duty of the Fire Chief or head of the Fire Depart- ment or Police Chief or head of the Police Department to discharge all Firemen or Policemen whose appointments were not regular, or not made in compliance with the provisions of this Act, or of the rules 'or regu- lations of the Commission, and to eliminate ·from the payroI1s any such probationary employee. When .Firemen or Policemen, however, have served the fun probationary period, having been appointed in substantial compliance with Sections 9, 10, and 11 of this Act and not otherwise, they shall automatically become fuJI-fledged civil service employees and shall have full civil service protection. All positions in the Fire Department, except that of Chief or-head of the Department, and in the Police Depart- ment, except that of Chief or head of the Department, shall be classified by, the Commission and the positions filled from the eligibility lists as pro- vided herein. - All ·offices and positions in the Fire Department or Police Department shall be established by ordinance of the City Council Ol~' governing body, provided ho\\~ever that the failure of a City Council or governing body to establish a position by ordinance shall not result in the loss of Civil Ser- vice benefits under this Act by any person appointed to such position in substantial compliance with the provisions of Sections 9, 10 and 11 of this Act, or entitled to Civil Service Status under Section 24 of'this Act. Sec. 12 amended by Acts 1979, 66th Leg., p. 1858, ch. 753, § 4, eff. Sept. 1, 1979. '~I.: ~, ~ l I, I ~'. I té' 'I -: í I t~. ~:Jf I~ l ';' * '* '* '* * ,', '* * * * J,, * ,Proba~ionary and' fuIl-fledged firemen ~l1d policenlen ~i I ~ ¡ i. 'I'· ~ :; \ . ,'. I'· Sec. 12A. An employee who is on probation may not be prohibjted ~'- from joining or required to join an employee organization. Joining or ~f not joining an employee organization is not a ground for retention or non- i~~ retention of an employee who is serving a probationary period. if:· Sec. 12A added by Acts 1979, 66th Leg., p. 1860, ch. 753, § 5, eff. Sept. 1, ~~~;:<-'1979. tr . . Notice of examinations ;¡j,' Sec. 13. At least ten (10) days in advance of any entrance examina- Wb1: tion and at least thirty (30) days in advance of any examination for pro- ;J~:':." 'motion, the Commission shaH cause to be posted on a bulletin board 10- ;~ cated in the main lobby of the city hall, and the office of the Commission, Rand in plain view, a notice of such e:~mination, and said notice shall show ....,..y.... !;'".....~~~ (,,-:-..1f;«j"4.i f.rr."""""'l''' "'.. "'~"'.I'."~ '1~",,'"'-': ~...+-vt"'- :oJ"O;T",...?it~" "'~C:""""',f r ,j if?, ~~~.. Emplo)'ee ,organization nlelnbership requiren1ents prohibited '," ' J'" ,'" I '·.,.L 'J '1 '.', .:~ ,.':'1:.; . .",'. '. r ",. '. ,.^ ,,,' . fr"" ..ç. ".~(;!' J;"d,"" :,.*.,i'~;:?>¡!,:", > ;.;))),;: \'~5; ;'.;{~ :.:4;,? ;,~;;·l '~':\;"<:: ,,:' ,:·1" \. ::ê .,iZ~ :,':,;,j? ;i{".; c;';} ,};i::T':, ~.~·:¡.:;;¡f ~ !.,,:'" ~';\; k~' .'~'; ',./ ':>;.;:'~':~::~~,..'-. C'': ':¡~~i...' ,~. ,~£ i,{::!-'..("i < ~~.>...~,,:.. \~.;. '; ~ ',,:": ".i, !t I~ .l\ ;.;~ ·1l'k I.',; ,.' ',~/-:.;;.,.~ ...;,."<;,,,; ':,' ,;;.' . '", :;':'.."1, .h:..-:>': :;' ~';;_: ,...,:"''":' ,:(~' ;,:~ ;.h:·~.:~ r~:';:~"1, ;;:~,.~.:::_; ;,:' ;~.:"/"~ "'>1 ,; ,.;\ k ,::;;,~:t'~;'~1'.-¡l,'j : ;'.,' [iii '>;,4'" ',,' .::",~:·,~;-."I ('" :':~<. ~.:, :." i j:;,1>" ~.<.:£ '~'" ,\' ·'k" i: """:: ~;:.. d1';:<"':' y. ','" , "i'.".',,;,·,· (,x Art. 1269rn CITIES, TO'VNS AND VILLAGES Title 28 the position to be filled or for \vhich examination is fo be held, with date, time, and place thereof, and in case of examination for promotion, copies of such notice shall be furnished in quantities sufficient for posting in the various stations or subdepartments in' ,\\Thich position is to be filled. No one under eighteen (18) years of ag~ shall take any entrance exami- nation, and appointees to the Police and Fire Department 'shall not have reached their thirty-sixth birthday for entrance into the Fire Department or Police . Department. The results of each examination for promotion shall be posted on a bulletin board located in the main lobby of the city hall by the Commission 'within twenty-four (24) hours after such exami- nation. Sec. .1ä amended by Acts· 1979, 66th Leg., p.' '1860, ch. 753, § 6, eff. Sept. 1, 1979.' . ,:..~.i.-;,ZC ":;."~;:~. "c.. 'i"<~;' ,'_' ,:¡,)" ,'Y :r' ~\: ~> ~'% ~~. .,..;." :.,.".,,;. . . . . , , , PrODlotions; filling vacancies Sec. 14.. The Commission shall make rules, and regulations governing promotions and shall hold promotional examinations to provide eligibility lists for 'each 'classification in the Police and ·Fire Departments, which examinations shall be held substantially under' the fol1owingrequire- ments: ., ¡, .....~,' " '.\ .~." "'. ;: J.e; ~ ~§1:' ( ";, ^"";:;~š~l~~ "·','~'U;:':;: . " '~r",,-;.. '·c.·... ,.~ :t~.,y i.;~t.~' .g .:..i:/ c,.~. '> , '< ~~,\~ '..)~¡,~ '.~:~i ,. .d"';,:" ::~ ,! . .. ~ Text of s?:tbsection A as amended by Acts 1979, 66th Leg., p. 54.q., " : . ck. 258, § l' , .' , . ~;'.' . . ' . ~ A. '(1) All promotional examinations shall be open to'all policemen who have held a continuous position for two (2) years or more immediate- ly prior to the e'xamination in the' classification imn1ediately below iIi sal- ary of that classification for \vhich the examination is to beheld. In police departments that have adopted a classification plan that classifies positions on the basis of similarity in duties and' responsibilities, all pro- motional examinations shall be open to a policeman \vho has held a con- tinuous position for two (2) years or more immediately prior to the exam- ination at the next lower paygrade, . if it exists, in the classification for which the promotional examination is being offered. . When there is not a sufficient number of members in ·thenext low,er position with two (2) years service in that position to provide an adequate number of persons to take the examination, the Commission may extend the examination to the members in the second lower position in salary to that for \\'hich the exam- ination is to be held. .. (2) All promotional' examinations shall be open to all firemen who have ever held a continuous position' for two· (2) years or 'more in the classification immediately below in salary of that classification for ,vhich the examination is to be held. In fire departments that have adopted a classification plan that classifies positions on the basis of similarity in duties and responsibilities, all promotional examinations shall be open to a fireman \vho has ever held a continuous position for two (2) years or more at the next lo\ver paygrade, if it exists, in the classification for which the promotional examination is being offered. This section shall be. con- strÙed so as to allow the lateral crossover between classes. When there is not a sufficient number of Dlen1bers in the next lower position with two (2) years service in that position to provide an adequate number of per- 'sons to take the examination, the Commission may extend the examination to the members in the second lower position in salary to that for which the examination is to be held. !:~:.,' ;\ :]1 :~, ~'::':.' ,;t*;j' /""~ '\2';-;~: .'^ ~:. :'L~{· ,,:~.~~l:;;;· ~~: "i~ '''~,>, '.' . . cê;',:">'~ '~'. '~'.,:~ '" " " , ' '~¡'~'." " ':. " ;\;-.~;. '. :, ..... .;>,;t" c 'j; <~..,:, . '. ». ',' ':;~¡ .,~&:: :á~" s>·,,::.,~; .c,5' , ,~/'.~~r~, '.'- }~ :;~ . .;.~ :;U;,' ':"':~1 .' ~~{ .._.:~·i';' ,~, ,.. ~; , ....... . ~;.J. ." ",:·~·.~t ' 'Þ~~\.;i '. v -;,. *,.,~ It .;~ ?S~:~~·~· "",il . :/j' > ;.~~~:. ;': .~ .... '.' ;';.. ~'~i ~':;~\~) :~': t 'J~~>' ~,;^': ,ti:,~ ;;" ~. ~ " <.,.'~. ;~, ',t ,':;' i~; {~!:~:~:.~~ ~I~~~':; ~~~1~'· i':~·'{·~ I i~};· ¡ :.< ~l~f': I. .. ~. ~ ." ~.; : [.".' ", '. ~; ~~A ,'- Text of.subsection A as amended by ACt8197.9,66th Leg., p. 1856,. ek. 753, § 7.. A. (1) AIl promotional examination's shall be open to all policemen who have Þ.eld a continuous position for two (2) years' or more immediately 266 -- " ,"',~ ~;"". . ;~~~¿; " )~~ ¡ ~t!7'-"'''~¿~~fÆ~:'p~ ~\r .;j";"'- ...,,7': ~,i'~::;5:."; .~;~'.~:.':¥;.. ~:":~é ,.,. ,. ~'<~';< ~':r '~T':> ",' . }1;.: , .. . '>~~~T~' ,~;~;.. ..~., '.; ,''''::~': ;:::~';~';cp .. ....<;.,:.':::" .j': '".;:<, '''','' , 'T"· ~,,' ;'x, ;.;:".,. .,' '."<",;:".';,:~ ,t . . ,., -~~~..;.,,' - .. ',,{;::7 .",'; -. "~ ! ¡ Title 2 .j prior t ary, th departt sitions: motion' tinuou& aminat'. which a suffi years' Æ to takel membe~ still an; to the ~' the eXal (2) p haveev classific the eXal cJassifie: duties aJ fireman more at promotio strued ti enough r that pas. aminatio' position '~ ficient n1 bers in tÎ nation isl B. E' ity in his man shal fied poJic' C. TH . 4i semI-ann~ Fire Dep~ members 1 vide a cOli or poIice~ port, mak~ ment shalt . D. (1 the preS€I1 tireIy in " of the que manner th pJeted imrr pared so a tion and fi which is a available t¡ shall be bai courses giv tional exad . '.' In a notIce t 4 t :' ~. ;, ,\ ~ f .~ ~~ "", ~ ';) i ¡~ '~ ~ j ;; ~,;' :,. ~ 1 veGES Title 28 ination is fo be held, with date, amination for promotion, copies tities sufficient for posting in ',vhich position is to be filled. shall take any entrance exami- Fire Department 'shall not have ranee into the Fire Department ach examination for, promotion ed in the' main lobby of the city ur (24)' hours after 'such exami- ., p. 1860, ch. 7~3, §, 6, eff. Sept. vacancies rules and regulations governing xaminations to provide eligibility ce and Fire Departments, which ly under the following. require- y' Acts. 19,79, 66th Leg., p. 54l¡, ns shall be open to all policemen two (2) years or more in1mediate- .fication immediately below in sal- e examination is to be held. In cl.ication plan that classifies uti d responsibilities, all pro- a p Iceman who has held a con- ore immediately prior to the exam- it exists in the classification for eing offe'red. When there is not a next low",er position with two (2) e an adequate number of persons to may extend the examination to the salary to that for which the exam- shall be open to 'all firemen ,vho for two, (2) 'years or more in ~he lary of that classification for whIch .e departn1ents that hav~ 3:do~ted. a itions on the basis of sImIlarIty In ional examinations shall be open to uous position for two (2)' years. or exists, in the classification for WhICh offered. This· section shall be co~- over between classes. When there IS in the next lower position with tVw·O provide an adequate n~mber ?f p.er- mission may extend the examlnat~on position in salary to that for WhiCh d by Acts 1979, .66th Leg., p. 1856, ons shall be open to all policemen who tw.) years or more immediatelY 66 Title 28' CITIES, TOWNS AND VILLAGES Art. 1269rn prior to the examination in the classification immediately below, in sal- ary, that classification for \vhich the examination is to be held. In police d~I?artments that have adopted a classification plan that classifies po- sltI~ns on the .bas~s of similarity in duties' and responsibilities, all pro- .motIonal examInations shall be open to a policeman, who has held a con- tin,;lOU~ position for two (2) years or more immediately prior to the. ex- am:natlon at the next lower paygrade,if it exists, in the classification for WhICh the .promotional examination is being offered. When there is not a sufficient number of members in the next lower position with two (2) years' service in that position to provide an adequate number of persóns to take the examination, the Commission shall open the examination to members in that position \vith less than two (2) years' service.. If there is still an insufficient number, the Commission may extend the examination to the members in the second lower position in salary to, that for which the examination is to be held.' ' ': . ',' '., , (2) All promotional examinations shall be open to all firemen who have. eyer .hel~ a co~tinuous position for two (2) years or more. in, the clasSIficatIon ImmedIately below, in salary, that classification for which the e?,~mi1!ation is being held. In fire departments that have adopted a cla~slflcatIon plan. t~~~ classifies po~itions on the basis of similarity in d~tles and responsIbIlItIes, all promotIonal examinations shall be open to a fIreman who has ever held a continuous position .for two (2) years or more a~ the next lower paygrade, if it exists, in the class for which the promotIonaÍ examination is being offered. This section may riot be con- strued to prohibit lateral crossover bet\,·een classes. If there are not enough ~~mbers in t~e next lower position \vith two (2) years' service .in that posItIon to provIde an adequate number of persons to take the ex- amination, the Commission may open t.he examination to members in that p~~ition with less than two (2) years' service. If there is still an insuf- fIcIent number, the Commission may extend the examination to the mem- bers in the second lower position in salary to that for \vhich the exami- nation is to be held with two (2) years' service in that position. ' . ~. ~ach fireman shall be given one (1) point for each year of senior- Ity In hIS Department, but never to exceed ten (10) points. Each police- man shall be given one (1) point for each year of seniority as a classi- fied police officer in his Department, but never to exceed ten (10) points. C. The Commission may formulate proper procedure and rules for se.mi-annual efficiency reports and grade of each member of the Police or FIre Departments. If the Commission compiles efficiency reports for n:embers of the Police or Fire Department, the' Commission shall pro- vIde a. copy of a mem.be~'s efficiency report to the member. Any fireman ,or pohceman may, \vlthln ten (10) days after receiving his efficiency re- port, make a statement in writing about the efficiency report. The state- ment shall be placed in his personnel file with the efficiency report. D. (1) (a) All applicants shall be given an identical examfnation in the presence of each other, which promotional e~amination shall be en- tirely in ,vri~ing and no part of which shall be by oral interview, and all of the questIons asked therein shall be prepared and composed in such- a mannel: that ~he grading of the examination papers can be pron1ptly com- pleted ImmedIately after the holding of the examination and shall be pre- p.ared so as to test the kno\vledge of the applicants concerning informa- t101! a~d facts, and all of said questions. shall be based upon material Whl~h IS a reasonably current publication and has been made reasonably avaIlable to all members of the Fire or Police Department involved and shall beb!1sed upon the duties of the, position sought and upon any study c?urses glv~n br such D~partmental Schools of Instruction. All promo- tIonal examInatIon questIons must be taken from sources that are listed in a notice that is posted by the Commission at least thirty (30) days be- 267 },~. -,.-!,........ /'I':{~ '.,'"õ'; .~!>.-..~;~~ 1"""<f.,Jo,.~~ I' I 1-· ;~"~:?ZI:., " ;.;. ~:.,.. . '::~f':~:-.·,· <: ,,'} ,¡. :f:','~ ~;. i':" ..'.' .."'", .....;:: .... "'. . f':'< .... ;.~ ¡', . ~i";': ,. ·7~... ~':' '.0 C' ·>;.r:, ,..;' :;:' . c';'; :. ,.~: ;. ~, .:.:' ,.. ,', ",'. .'¡, ;:~,. ::, ~ ..Ii "" .. t, ~, . ~: ,.... .'¡ ~. ~:. i·.·. ~, '.. ~, dO lit· . ..}·~~f~' " :~,\ t'::':¿,' ,''-fj. ",r .~¡t'\; ,\;W~, \\ ;- 0)\ :il'\,;"", ~?,} ;':.,.¡.~ ''Of ", <:\i: ~r;:;. .:../ ,,~'.~; . .: :.{~ ~:";i',;~""\j,;'7'['f' :;f~ ;¡ >;.;~ ' 'j .,., :,; ç, /'\ '~'" '»';~ ':,.'....;,\ ;,':/,';> ,..,,: ;r·....·\ }'}.. '''., . ':c" ,"'", ,';;' ;...,'> ,:':'~~ß ';-; . ~.'~~ ,:;i.~ .:,..," :'~:' ;r"< ~é:~,i.~. .:< '.. r.~~,! < t:9 ~ç¡, ,,;' , ~.' . ~:.. :;,'::: }:'~¡r~¡ .".~ ~>y lLt ~~, \;: i,f :;,¡?' Y:';,:'~ .,/'.:.f:~;>" ( ,",;,-, <>:i" .::'¡ . ',,:;~<~? ." r!,··t: ':....;-. .," . .: {.;; I:,:;' '.':~<.~::~~,; , , ;;....~,.., ,,'h') "y, . ,', .,;'" :',' .'.:~~ \ ~ ie.. ',~:~ ;J: ! ..,J' ..~'"Y:;: ':"<f'~ \' .\il r:~ ;';>~~; ;'</~"". ;) i~-;:ii; ;. 'i, .,,~.,~:,(~ ,:{ ~h'~' '.' <:('\;J.. {t.,: ~ ';.;~.+: !é'.~"'; . ': ',. .~.~.. .." , ':'<':'\~ i j ! 'if ¡ . <i.'J ¡ . '':'' /; t' <"t~ . . '~ ....., .,¿,:2P:; ',~:, . ;':~.:~;';.::~' I ':. ,;;.,.;i '~'" 'i:~.l to. :':!'r~"" ::::·E~?· "f ¡ ." ;¡'. ",t ( . .</,0 ,,:.::.~: \"( ;.·è,~ ~~. i, :'~'i,,! ' .,~.~;, '!;¡ I ·;f'.;~~~"ièè Ii ;;.:-; ,!~' '.. ·:/h,.; .' :~.{~~ ··r'.·;··,: '~',:.,' .~, I :~: ~ :'T;~ ':. !::;. ~.~<. '. f.' . :.:~';~r > ,'. ;;~~'. .'0~" f;}.,X , :':>:,':i~H< .~~ < -- ': it;: ;,"! , ..~. 'A " . ,;. ,'. '. :' - . " ... .. ,.. /~. . , . .::'\:. ,;.,:,::':. . , :;~~::.~';, .:i;: ú; .,~ ;. .~;\:,. '. .~':.. I. .: ,"'" ".' ,!'''', ."'··'c;';'. .:.. . ", Art. 1269nt CITIES, TOWNS AND VILLAGES Title 28 fore'the date of the examination. Firemen or policemen may suggest source materials for pron10tional examinations. The notice required by Section 13 of this Act may include the name of each source used and the number of questions taken from each source. The Commission may in- clude the chapter of· each source. When one of the applicants taking an examination for promotion has completed his answers, the grading of such examination shall begin, and aU of the examination papers shall be grad- ed as they are completed, at the place where the examination is given and in the presence of anr applicants who wish to remain during the grading. (b) The Director is responsible for the preparation and security of all promotional examinations. The fairness of the competitive promotion- al examinations is the responsibility of the Commission, the ,Director, and any municipal employee involved in the preparation or administration of the examination. A person who knowingly or intentionany reveals' any part of a promotional examination to an unauthorized person or a person who knowingly or intentionally receives from an unauthorized person any part of a promotional examination commits, a misdemeanor and shall be fined not less than One Thousand Dollars <$1,000) or imprisoned for not more than one (1) year in the county jail or both. " (2) The grade which shaH be placed on the eligibiJity list for each po- liceman applicant shaH be computed by adding such policeman appJicant's points for seniority to his grade on such ,"'ritten examination. Grades on such written examinations shall be based upon a maximum grade of one hundred (100) points and shaH be determined. entirely by the correctness of each applicant's answers to such questions. The minimum passing score for the written examination is seventy (70) points. (3) The grade which shall be placed on the eligibility list for each fireman applicant shall be computed by adding the fireman applicant's points for seniority to' his grade on the written examination. Grades on the written examination shall be' based on a maximum grade of one hun- ,dred (100) points and shaH be determined entirely by~ the correctness of each fireman applicant's answers to the questions. The minimum passing score for the written examination is seventy (70) 'points. ' (4) Each applicant shall have the opportunity. to examine the source materials, his examination, and his answers thereto together" ,vith the grading thereof and if dissatisfied shall, vlithin five (5) working days, ap- peal the same to the Commission for revie,v in accordance with the pro- visions of this Act. (5) No fireman shall be e1igible for promotion unless he has served in such Department for at least two (2) years at any time prior to the day of such promotional examination in the next lower position or other posi- tions specified by the Commission, and no person with less than four (4) years' actual service in such Department shall be eligible for promotion to the rank, of captain or its equivalent. No policeman shall be' eligible for promotion unless the policeman has served in the Department for at least two (2) years immediately preceding the date of the promotional examination in the next lower position 'or other positions specified by the Commission, and no person with less than four (4) years' actual service in the Department shall be eligible for promotion to the rank of captain or its equivalent. Provided, however, that the requirement of two (2) years' service in,the Fire Department at any time prior to the day of pro- motional examination sha] I not be applicable to those persons recalled on . active military duty for a period not to exceed tVlenty-four (24) months. The Police Department's requirement of two (2) years' service immedi- ately preceding the date of the promotional examination does not apply to persons recalled to active military duty for a period not to exceed t,venty- four (24) months.' Such persons shall be entitled to have time spent on active military duty considered as duty in the Department concerned. 268 . '" . .'. "'. 'i:~ ·"ce,· - " .':" ;'¡;";':'. ....' , ..., ". ." . . . 'è';' " ".'> .-:~, '[" ~, 21 .. if :~m! I I M i4 ~¡¡j ~ ~ :,~".,'~y~; <~0'~,;.i< ----.. Title 28 HO,\\Tever t\\t"eIve (i2 turning to in a promo tial for bri (6) No .< the Fire D~ '.' . who is not Personnel ~ lent as det~' five (5) yea pointment n ..... for certifict dards and } mined by th ¡; forcement 0 .. E. (1) person to fi .' fy to the He: . grades on sli< quested to b bility Jist, al, ment, and th the highest ~w a vaHd·reaso 1 { shaH, before of the higher be valid and,~ :: of such rejec~ (2) The nl to the Head ot (3) times \\~ite> Commission, f promotional e) less exhausted' new examinati . F. The Cc gibiJity lists w'. . occurs, or ne\~ ~/' istence. If an'ii teñ (10) days; ment the name certified name date the vacanc G. In the E or by increase ", tion in accordar Sec. 14, subsec. eff. -June 14, j( p. 2073, ch. 824 Acts 1977, 65t~' subsec. A amen. 27, 1979. Arne) Sept. 1, 1979. ' ~., Sec. 14A. 200,000 or more, sus, a11 members , ...'<';:-: . AN.LLAGES Title 28 emen or policemen may suggest nations. The notice required by ame of each source used and the ource. The Commission may in- one of the applicants taking an his anS\\1ers, the grading of such xamination papers shall be grad- here the examination is given and ish to remain during the grading. the preparation" and security of ness of the competitive promotion- the Commission, the ,Director, and preparation or administration of ingly or intentionally reveals· any n unauthorized person or a person from an unauthorized person any mits, a misdemeanor and shall be ars ($1,000) or imprisoned for not 1 or both. d on the eligibility list for each po- T adding such policeman applicant's h ,vritten examination. 'Grades on sed upon a maximum grade of on~ ermined, entirely by the correctness questions. The minimum passing enty (70) points.' ced on the eligibility list for each by adding the fireman applicant's he,.' en examination. Grades on d o. aximum grade of one hun- ined entirely by the 'correctness of e questions. Thè minimum passing venty (70) ·points. opportunity. to' examine the source answers thereto together \vith the all within five (5) working days, ap- r~vie'v in accordance ,,'ith the pro- or promotion unless he has served in ) years at any time prior to the dar he next lower position or other POSl- nd no person with less than four ~ 4) ment shall be eligible for promotIon lent. No policeman' shall be" e~igible has served' in the Department for at eceding the date of the promotional on '0r other positions specified by ~he s than four (4) years' actual servl:e for promotion to the rank of capta1n er that the requirement ·of two (2) , nt at any time prior to the day of pro- pplicable to those persons recalled on ot to exceed t\venty-four (24) months. ~nt of two (2) years' service ilnmedi- rnotiònal"'examination does not apply to duty for a period not to exceed t\venty- )hall be entitled to have time spent on lS dlin the Department concerned. 268 ''·It:!· ... '¿f '.,::,;" Title 28 CITIES, TO'VNS AND VILLAGES Art. 1269m However, any person whose absence for active military duty exceeds t\vel~Te (12) months, shall be required to serve ninety (90) days upon re- turnIng to the Department before he shall become e]igible to participate in a promotional examination, such period of time to be considered essen- tial for bringing him up to date on equipment and techniques. (6) No person shall be eligible for appointment as Chief or Head of the Fire Department of any city coming under the provisions of this Act who is not eligible for certification by, the Commission on F'ire Protection Personnel Standards and Education at the intermediate level or its equiva- lent as determined by that Commission and who has not served at least· five (5) years as a fully' paid fireman. No person may be eligible, for ap- pointment as Chief or Head of the Police Department who is not eligible for certification by the Commission on Law Enforcement Officer Stan- dards and Education at the intermediate level or its equivalent as deter- mined by that Commission and who has not served as a bona fide law en- forcement officer for five (5) years. ' E. (1) Upon'\\·ritten request by the Heads of the Departments for a person to fill a vacancy in any classification, the Commission s.hall certi- fy to the Head of the Department the three (3) names having the highest grades on· such eligibility list for such classification for the vacancy re- quested to be filled. If fewer than three (3) names remain on the eligi- bi1ity list, all the names must be submitted to the Head of the Depart- ment, and the Head of such Department shall appoint the person having the highest'~grade, except where such Head of the Department shall have a va1id· reason for not appointing such highest name, and in such ,cases he shall, before such appointment, file his reasons in writing, for rejection of the higher name or names, with the Commission, which reasons shall be valid and subject to review by the Commission upon the application of such rejected person. , (2) The name of each person on the eligibility lists shall be submitted to the Head of the Department three (3) times; and if passed over three (3) times with written reasons .filed thereafter and not set aside by the Commission, he shall thereafter be dropped from the eligibility list. All promotional eligibility lists shall remain in existence for one (1) year un- less exhausted, and at the expiratio!l of one (1) year they shall expire and new examinations may be given. F. The Commission shall proceed to hold examinations to create eli- gibility lists within ninety (90) days after a vacancy in any classification occurs, or new positions are created, unless an eligibility list is in ex- istence. If an eligibility list exists, the Commission shaH certify ,vithin teñ (10) days after notification of the vacancy to the Head of the Depart- ment the names of persons eligible to fill all promotional positions. The certified names must come from the eligibility list which exists on the date the vacancy occurs. G. In the event any new classification is established either by name or by increase of salary, the same shall be filled by competitive examina- tion in accordance with this law. Sec. 14, subsec. D amended by Acts 1973. 63rd Leg., p. 1247, ch. 451, § 1, eff. 'June 14, 1973; Sec. 14, subsec. A amended by Acts 1977, 65th Leg., . p. 2073, ch. 824, § 1, eff. Aug. 29, 197,7; Sec. 14, subsec. D amended by Acts 1977, 65th Leg., p. 1130, ch. 424, § 1, eff. Aug. 29,. 1977; Sec. 14, subsec. A amended by Acts 1979, 66th Leg., p. 544, ch. 258,' § 1, eff. Aug. 27, 1979. Amended by Acts 1979, 66th Leg., p. 1860, ch. 753, § 7, eff. Sept. 1, 1979. Crossover promotions Sec. 14A. (a) In any city in this state having a population of 1,- 200,000 or more inhabitants, according to the .last preceding federal cen- sus, all members of the police department, who shall be employed by such 269 ,',',',',",:,C;'. .;~:::: . . ;,...~....¡,.~~_,.i, ;..¡'&::,:J.~," ;;¡,.:;"", '_ ' ,,' ~;_.t"; l";"" : ~ Art. '¡269m CITIES, TO\VNS AND VILLAGES Title 28 ~~, ~ I~ B. ~·~.,:f î t. ~ Title 2~ the righ emploYe~ dOCun1en tinent tc made at J sion does ?r to thej,i Jng the r1 shall be ~ nesses rn~ lie. The ~ ing. Th 'j sUbpoenal duction o~ manent p Sec. 17 a 1977; Ac department with duties in a specialized technical area, to wit: (1) tech- nical class, which includes but is not limited to criminal laboratory anal- ysis and interpretations, and the technical criminal aspects of identifica- tion and photography, or (2) communications class, which includes but is not limited to the technical operations of police radio communications, shall be eligible for promotions within their respective classes. (b) In no event shall the members of the technical class, communica- tions class, or uniformed and detective class be eligible for promotion to a position outside of their respective class. This section shall be construed so as to preclude the lateral crossover by promotion of members of the technical and communications classes into the uniformed and detective class of the department; also to preclude the lateral crossover by promo- tion of members of the uniformed and detective class into the technical and communications classes of the department. In the event a member of one class desires to change classes, such may be accomplished upon qual- . ification and only by entry into the new class at the lowest entry level of that class. (c) This se"ction shall not operate so as to prevent the chief of police, assistant chiefs of police, and deputy chiefs of police or their eq uivalent, by whatever name or title. they may be called, from exercising the full sanctions, powers, duties, and authority of their respective offices in the . supervision, management, and control over the uniformed and detective class, technical class, and communications class. (d) All provisions of this article regarding eligibility lists, examina- tions, appointments, and promotions shall apply to members of the tech- nical class and communications class, uniform class and detective class. However, said provisions shall apply only to the appointment and promo- tion of a member of a particular class to a new position within such class. Sec. 14A added by Acts 1977, 65th Leg., p. 134, ch. 63, § 1, eff. Aug. 29, 1977. * .* * ' * * * . Sec. Ii any decisi~ rendition d ing that t~ Such cases be given 1 actions ma effectuate with back aside. The party and a finds for t lost ,"rages Sec. 18 alne 1975; Acts * '* .. * * ,.\!. * . Purpose of Jaw; hearings Sec. 16a. It is hereby declared that the purpose of the Firemen and Po1icemen's Civil Service Law is to secure to the cities affected thereby efficient Police and Fire Departments, composed of capable personnel, free from political influence, and '''''iih permanent tenure of employment as public servants. The members of the Civil Service Commissions are her-e- by directed to administer the civil service law in accordance with this purpose; and when sitting as a board of appeals for a suspended or ag- grieved employee who has invoked any review procedures under the provi- sions of this Act, they are to conduct such hearing fairly and impartially under the provisions of this law and are to render a fair and just decision, considering only the evidence presented before them in such hearing. Sec. 16a amended by Acts 1977, 65th Leg., p. 1130, ch. 424, § 1, eff. Aug. 29, 1977. ProcedUl'e befol'e Comn1Ïssion Sec. 17. In order for a Fireman or Policeman to appeal to the Com- mission from any action for which an appeal or review is provided under the terms of this Act, it shall only be necessary for him to file within ten (10) days with the Commission an appeal setting forth the basis of his appeal. The appeal shall include a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of such charges, a statement alleging that the recommended action does not fit the offense or alleged offense, or any combination of the statements, and in addition, a request for a hearing by the Commission. In all hear- ings, appeals, and reviews of every kind and character, wherein the Com- mission is performing an adjudicatory function, the employee shall have 270 - Sec. 20. the pO\\ter t supervision eeed fifteen head shall fi hours, a \\~ri peal from th Section 17 0 cause exists statement ,vi hours, the su -.-. his full saJar cision of the such employe .wages. If the should be red In the event s mission, then and to the disc ~~'t t$", AWILLAGES Title 28 technical area, to \vit: (1) tech- ited to criminal laboratory anal- cal criminal aspects of identifica- ations class, \vhich includes but is of police radio communications, heir respective classes. of the technical class, communica- lass be eligible for promotion to a s. This section shali be construed by promotion of members of the into the' uniformed and detective de the lateral crossover by promo- detective class into the technical rtn1ent. In the event a member of h maybe accon1plished upon qual- w class at the lowest entl'"Y level of so as to prevent the chief of police, hiefs of police or their equivalent, e called, hfrom exercising the fun v of their respective offices in the '" over the uniformed and detective ions class. regarding eligibility lists, examina- hall apply to members of the tech- uniform class and detective class. ~nlY to the appointment and promo- to a ne\v position \vithin such class. eg.,.34, ch. 63, § 1, eff. Aug. 29, * .. * * .. r; he.arings , that the purpose of the Firemen and secure to the cities affected thereby nts, composed of capable personnel, h permanent tenure' of employment as e Civil Service Commissions are here- service law in accordance with this rd of appeals for a suspended or a~- y review procedures under the provl- t such hèaring fairly and impartially are to render a fair and just decision, ted before them in such hearing. Leg., p. 1130, ch. 424, § 1, eff. Aug. re Conlnlission or Policeman to appeal to the Com- an appeal or revie~r is provided under e necessary for him to file \vithin ten appeal 'setting forth the basis of his a statement denying the truth of the 'exception to the legal sufficiency of that the__recommended action does not or any conlbination of the statements, aring by the Commission. In all bear- , kind and character, ,vherein the Con1- tory ~ction, the employee shall have 270. ~ I ~' M ~., I '~'Il .Þd ~ ~; ä! ~;: .",~,~êf~....;;5"",;,;:,,;_ ".("""1:-',' Title ,28 CITIES, TO'VNS AND VILLAGES Art. 12,691t1 ,~ :ï I t .~ ~:¡ ~ the right to be represented by counselor, any person of his choice. The employee may request the Commission to subpoena any books, records, documents, papers, accounts, or witnesses that the employee considers per~ tinent to his case. The request to have materials subpoenaed must be made at least ten (10) days before the date of the hearing. If the Commis- sion does not subpoena the requested material"at least three (3) days pri- or to the hearing date, it shall make a written report to the employee stat- ing the reaso~ it \\'ill not subpoena the requested material, -and this report shall be read,lnto the pub1ic records of the Commission hearing. The wit- ~esses may be ~placed under the rule. AI1' such proceedings shall be' pub- lIC. ,The. Commission shall consider only evidence submitted at the hear- ing. ,The Commission shall have the authority to issue s\ibpoenas and subpoenas duces tecum for the attendance of witnesses and for the pro- duction of documentary material. The Comrriissionshall maintain a per- manent public record of all proceedings ,vith copies available at cost. Sec. 17 amended by Acts 1977, 65th Leg:, p. 113(>,' ch. 424, § 1, eff. Aug. 29, 1977; Acts, 1979, 66th L~~., p. 1864, ch.,753, § 8, eff. Sept.'l,,1979., "1"'~ ~ Ap peal to dist.rict court Sec. 18. In the event any Fireman' or Policeman is dissatisfied with any dec~sion of" the 'Commission, he n1ay, ,vithin ten (10) days after the rendition of such final decision, file a petition in the District Court ask- ing that the decision be set aside, and such case' shall be tried de 'novo. Such cases shall be advanced on the docket of the District Court and shall be given a preference setting over all other cases. The cou;t in such actions may grant such legal or equitable relief as may be appropriate to effectuate the purposes of this Act, including reinstatement or promotion with back pay where an order of suspension, dismissal, or demotion is set aside. The court may a\\'ard reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party. If the court' finds for the fÍ1'eman or policeman, the court sha11 order the city to pay lost wages to the Iireman or policeman. Sec. 18 alnended by Acts 1975, 64th Leg., p. 484, ch. 207, § 1, eff. Sept~ 'I, 1975; Acts 1977, 65th Leg., p. 1130,- ch. 424, § 1"eff. Aug. 29, 1977. ' . i"i"~ :":1 * * * * * .w. ,* * * * * Dfscipllnary 'suspensions , Sec. 20. The head of either the Fire or Police Department shall have the po\ver to suspend any officer or ~mployee under his jurisdiction or supervision for disciplinary purposes, for reasonable periods, not to ex- ceed fifteen (15) days; provided, that in every such case, the department head shall file with the Commission within one hundred and twenty (120) hours, a written statement of action, and the Commission shall, upon ap- peal from the suspended officer or employee, hold a public hearing under Section 17 of this Act. The, Commission shall determine whether just cause exists' therefor. In the event the department head fails to file said statement with the COITlmission within one hundred and twenty (120) hours, the suspension shall be void and the employee shall be entitled to -' his full salary. The Commission shall have the pO\\Ter to reverse the de- cision of the department head and to instruct him immediately to restore such employee to his position and to repay the employee for any lost wages. If the Commission finds that the period of disciplinary suspension should be reduced, it may order a reduction in the period of suspension. In the event such department head refuses to obey the order of the Com- mission, then the provisions \vith reference to salaries of the employees : and to the discharge of the department head as wen as the other provisions 211 '+J ~ I i i I I ~ ~ . Art. 1269:m CITIES, TOWNS AND VILLAGES ( Title 28 of Section 16, pertaining to such refusal of the department head, shall apply. Sec. 20 amended by Acts 1979, 66th Leg., p. 1864, ch. 753, § 9, eff. Se·pt. 1, 1979. * * .* * * * * .,.. -¡.. .. Political activities; leaves of a.bsence Sec. 22. Employees in the Fire Department or Po1ice Department shall not be permitted to take an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. The term active part means making political .speeches, passing out -cards, or other political literature, writing letters, signing petitions, 'actively and openly soliciting votes and making, public deroga... tory remarks about candidates for such elective positions. ' Firemen and Po1icemen coming under the provisions of this Act are not required to contribute to any political fund or render any politi- cal service to any person or party \vhatsoever; and no person shall be removed, reduced in classification or salary, or otherwise prejudiced' by refusing to do so; and any official of any city coming under the pro- visions of this Act who attempts the same shaH be guilty of violating the provisions ,of/this Act. . No fireman or polIceman shaH be refused reasonable leave of absence without pay, provided that a sufficient number of employees to carry out the normal functions of the Department shall be provided, for the pur- pose of attending any fire or police school, conventions, or meetings, the purpose of which is to secure more efficient departments and better work- ing conditions for the personnel thereof, nor shall any ruJe ever be adopt- ed affecting their constitutional right to appear before or petition the Legislature., Provided ho,vever, that no Civil Service Commission or gov- erning body of any city shall further restrict the rights of employees of the Police and Fire Departments to engage in political activities ex- cept as herein expressly' provided. Sec. 22 amended by Acts 1973, 63rd Leg., p. 1255, ch. 457, § 1, eff. Aug. 27, 1973. ~Iilitt-\r)' leave of absence Sec. 22a. The Civil Service Commission on written application of a member of the fire or police department shall grant military leave of ab- sence ,"'ithout pay to such member to enable him to enter military service of the United States in any of its branches: Such leave of absence may not exceed the compulsory military service or· the basic minimum enlist- ment period for that branch of service. The Commission shaH grant a leave of absence to a member of the fire or police department for initial . training or annual duty in military reserves or the national guard. The Civil Service Commission shall grant such leave retroactively back to the commencement of the Korean War. Any such member receiving miJitary leave of absence hereunder shall be entitled to be returned to the position in the department held by him at the time the leave of absence is granted, upon the termination of his active military service, provided he receives an Honorable Discharge and remains physically and mentally fit to dis- charge the duties of that position; and further provided he makes appli- cation for reinstatement within ninety (90) days aftel; his discharge. Up- on being returned to said position, such member shall receive full seniority credit for the time spent in the military service. During the absence from the department of any such member to whom military leave of absence shaH have been granted by the Civil Service Commission the position in the department hèId by such member shall be filled in accordance with the other provisions of the Firemen's and Policemen's Civil Service· Act 272 ,- .'. t'"1~.~~:~~~';~~::::;_:"'"-·~:'J!:~":¡_~·?i ~,"'~' ~'~.'~~'~,t :~.. ::~i:r--I;~\,,:~::(~·,·,~~ "~''''~~~'~'''. '..".n,..-'~..-II' ,'. ···7,.'¿~1:"'~""~~""':'C!\tI'q?,"""'V·'-'~'t".~..'~~'_.7-rf.~1,-,-,~-,¡....-..~.~.J'!-,(.-u~"~~~.~'~'2'~"'~ . , . . * Title 28 : subject t~ to ~rhom: active du1 with the è a position for subset of tha t fr~ Position, i duties of ~ Sec. 22a a1 1979. ~ t: * ~ :1 Sec. 25 fails or re Section 3 oj Act commi~ Do1Jars ($j after the 6d an appoint~ city,officia1 or attempt~ meanor and~ more than ..¡ Sec. 25a adl ,'I, 1979. 1 t ! ~ Sec. 26. shaH be a1l0 of one and 0 ' employed in an employee' Employee- of sick leave Sick Ieav \vhi1e an em the event th . \vas'incurred in case of ex} In the ev classified ser ·of his salary the Fireman cu~ulated sic equal to the s lowed to use ~ast six (6) ments sha}] no cumulated sic calculated as time at the big Was eligible du is paid for the the sick leave . A6ILLAGES Title 28 ;al of the department head, shall g., p. 1864, ch. 753, § 9, eff. Sept. , "/I.' * * .. .. ~,,"es of absence )epartment ~rPolice' Departm~nt ve part in any polit~cal C~mpaIgn the city. if they ·are In unIform or means making political ,spe.ec~es, literature writing letters, sIgnIng go votes arid making public de:.;oga- elective positions. ' I nder the provisions of this' ~~t olitical fund or render any polItI- atsoever· and no person shall be salary, 01: otherwise prejudiced by f any city coming und.er t'?e pro- me shall be guilty of vIolatIng the efused reasonable leave of absence number of employees to carry out nt shall be provided, for the pur- hool, conventions, or meetings, ,the icient departments and better work- f .0 shall any rule ever be adopt- t ' t ear before or petition the o Service Commission or gov- r restrict the right.s of employees o engage in political activities ex- g.~ p. 1255, cb. 457, § 1, eff. Aug. 27, of absence ission on written application of a nt shall grant military leave of ~b- enable him to enter military serVIce n'ches. Such leave of absence n:ay ervice or' the basic minimum enhst- ice. The Commission shall gl:a~t. a fire or police department for InItIal eserves or the national guard. The such leave retroactively back ~~ the Any such member receiving mll~t~ry ntitled to be returned to the posItIon time the leave of absence is gran~ed: li1itary service, provided he. recelv.c~ ., physically and menta11y fIt to dlS.- nd further provided he makes apph- y (90) days aftel~ his discharge.. ~p;, h menlber shall receive full senlor1t. ry service. During the absence:ro~~ . to whom military leave of absen~ Service Con1mission the position .111 'r s~e filled in acc?rdanc~ W¡tl\ 's W=-0licemen's Civil Service Ac .2 Title 28 CITIES, TOWNS AND VILLAGES Art. 1269111 ;¡;~: subject to the person filling such position being replaced by the member to whom military leave of absence has been granted upon his return to ac.tive duty \vith the, department. Any person so replaced and remaining wlth the department and by reason of such replacement being returned to a position lower in grade or compensation shall have a preferential right for subsequent appointment or promotion to the same or similar position of t.h~t from which he has been replaced over any eligibility'list for such posItIon, provided he remains physicaJIy and mentally fit to discharge the duties of such position. " " ' - . Sec. 22a ~m~nded by, Acts 1979, 66th Leg., p. 1864, ch. 753, § 9 eff. Sept. 1 ' 1979. ' . " . '.,' ;¡- .:" -i.;": , "of ~... .~' ;- !. * * *. *' * ,)L * *, * * *- Penalties ~ . ~~4 ! ]. . ; , - . Sec. 25â: .' Any chiet executive of a city ~vho knowingly or intenti~nallY falls or refuses to appoint the Civil Service Commissioners þrovided by Section 3 ~f this ~ct within sixty (60) days after the city has adopted this Act commIts a mIsdemeanor and shall be fined not less than One'Hundred DoJIars ($100) nor more than Two Hundred DoI1ars ($200). Each day after the 60-day deadline that the chief executive fài1s or refuses to make a~ app~i~~ment consti!utes a separate offense. A chief executive or any CIty, offIcIal ,vho knowIngly or intentionally refuses to implement this Act or attempts to obstruct the enforcement of this Act commits a misde- .meanor and shall be fined not less than One Hundred Dollars ($100)'nor more than Two Hundred Dollars ($200) for each offense. ,- ' _ Sec. 25a added by Acts 1979, 66th Leg., p. 1865, ch. 753, § 10, eff. Sept. 1, 1979. . ~ti .' . Sick and injur)' l~aves .of absence Sec. 26. Permanent and temporary employees in the classified service shall be allo,ved a total of sick leave, withfull pay computed upon a basis of one and. one-fourth (1-14) full working days allowed fòr each full month employed in a calendar year, so as to total fifteen (15) working days to an employee's credit each twelve (12) months. . _ ~mployees ~hall be. al1o\\1ed to accumulate fifteen (15)' working' days of SIck leave wIth pay In one (1) calendar year.: .' .Sick leave with ~ay may be accumulated without limit and may be used \Vhlle an employee IS unable to \\rork because of any bona fide illness. In the event that the said emplo~'ee can conclusively prove that the illness was'incurred while in performance of his duties, an extension of sick leave in case of exhaustion of time shall be granted.' , In the event that a Fireman or Policeman for any reason leaves the' classified service, he shall receive, in a lump sum payment, the full amount 'of his. salary for th: period of his accumulated sick leave, provided that if the FIreman.or PolIceman has more than ninety (90) working days of ac- cum,ulated SIck leave, the employer· may limit the payment to that sum equal to the sum that the employee \"ouId have been paid had he been al- lowed. to use the 'ninety (90) days of accumulated sick leave during the Jast SIX (6) months of employment. Provided, however, that such pay- ments shall !lot be based upon more than ninety (90) \vorking days of ac- cumulated SIck leave. The lump-sum payment provided in this section is c!llcuIated as follo\vs: the employee is compensated for the accumulated t1me a~ t~e high~st permanent classification of pay for \vhich the employee :vas ~hgIble durIng the last six (6) months of employment. The employee IS pal.d for the same period of time the employee would' have been paid if the sIck leave had been taken but excluding additional ho1idays and any 213 ;:;' 11..·........ .,-t........'.'.., í I···.···.·.·'····. .................. ., .,:........'...:............... "'1' . I'.···.'·~··;.··· . . ï ~ " 'tI' I '~ fi, . ,¿~~~",_ :'~ f:"~'~:''i!. j ¡¡;;":.'.. :·~~~k"·~; ,;~.'..~:...¡..: '~.'~ ~",~;. '¡Y Art. 1269:m crrIES, TO'VNS AND VILLAGES Ti tIe 28 sick leave or vacation time which the employee might have accrued during the ninety (90) working days. If an active Fireman or Policeman dies as a result of a line of duty injury or line of duty iJIness, the entire amount of his accumulated sick leave shall be paid as provided in this section. Provided, that in order to facilitate the settlement of the accounts of deceased en1ployees of the Fire or Police Departments, all unpaid compensation due such empJoyee at the time of his death shall be paid to the person or persons surviving at the date of death, in the follovving order or precedence and such payments shall be a bar to recovery by any other person of amounts so paid. 'First; to the beneficiary or beneficiaries designated by the employee in writing to receive such compensation filed \vith the Civil Service Commis- sion prior to the employee's death; _ Second, if there be no such beneficiary, to the widow or widower of such employee ; Third, if there be no such beneficiary or surviving spouse, to the child or children of such employee, and descendants of deceased children, by representation; -, ' , ' , .'.. , "Fourth, if' none of the above, to the parents of such employee, or the survivor 'of them; , ", , ' .' , Fifth, if there be none' of the above, to the duly appointed legal'repre- sentative of the estate of the deceased' employee, or if there be none, to the person or persons determined to be entitled ,thereto under the laws of déscent and distribution of the State of Texas'~ ' '. Provided that all such cities coming under theprovjsionsof this Act. shall provide injury"'leaves of absence and line of duty illness leaves of absence for Firemen and Policemen \\'ith full pay for periods of time com- mensurate with the nature of the line of duty illness or, injuries for at least one (1) year. At the expiration of said one-year period, the City Coun'cilor governing- body may extend such line of duty illness or injury leave, at full or reduced pay, provided that in cities that have a Firemen's or Policemen's Pension Fund, that if said injured employee's salary should be reduced below sixty per cent (60%) of his regular monthly salary, said employee shall ha've the option of being retire,d on pension until abl~ to re- turn to duty. . If there are' no' pension benefits ..available to ::in employee who is tem- porarily disabled by a line of duty injury or illness and the year ,at full pay and any extensions which may have been granted by the employer have expired, the employee may use accumulated sick"leave, vacation time, and other accrued benefits before being temporarily placed on leave. If an employee, is temporarily disabled by an injury or illness not re- 'Iated to the employee's line of duty, the employee may use all sick leave, vacation time, and any other time the employee may have accumulated be- fore being placed on temporary leave. , After recovery from a temporary disability~ a Fireman or Policeman shall be reinstated at the same rank and with the same seniority the per- son had before going on temporary leave. Another Fireman or Policeman may voluntarily do the \\"ork of an injured or ill Fireman or Policeman un- til the Fireman or Policeman,returns to duty. . Sec. 26 amended by Acts 1979, 66th Leg., p. 1866, ch. 753, § 11, eff. Sept. 1, 1979. * *' * * * .v.. * * * * * T~rmination of service, lump sum pa:fD1ents: cities of 1,200,000 or more, accttlnuln.ted sick leave; cities of 650,000 or '-. more, accwnu)ated vacation ]eave 'Sec. 26(b). (a) In any city in this State having a population of one million, two hundred thousand (1,200,000) or more inhabitants, according 274 ~~:t-~·"!:f;-~,,", ,r'"liP ;"''"':~'"''~,...'''_.'''''''''''',''''' i I :¡ ~: "'..~ ,<:,p_""r-- 1::.:" ¿',:' \~ ~ 11 ~ '~';f H t~ ~- ~ ~ ~i Title 28 g to the last the. classifi POhC€l11an '~ shall receil the period ~ without IiJ ~ (b) lrii fifty thous<~ ceding fedq service fo~ amount of j provided t~,~ \\rorking da1 who Ieavesi of duty injq shall be pat , working das Sec. 26(b) a1 1971. Arne! 1975; Acts.' * ~ .~ ~ ,~ ~ Sec. 27(d amended by~ sion of the 1 already ad oJ effective dati tion at \vhic~ Upon receivÜ ber not Jessi last precedid call and hold been filed \vii cast shaIl fa; such Act int~ first fiscal y~ submitted fo~ ," ~ . -. FOR the ¿i,:~ ~ AGAINSTj Act. i ~ 'Vhen anv~ tion or rej€~tl (Vernon's An~ \vhether suchj amending Act~ shaJ I not be fil held; and said be signed by ~I per cent (20%'~ election; and " the next generl of such petitio.: This Act m~ Department. t 28 Tex.Stats,- 70! 1979PP, : D V.AGES Title 28 loyee might l)ave accrued during ies as a result of a line of d~ty amount of his accum~.1ated sIck t· Provided that In order to CIon. , F. of deceased employees of the Ire nsation due such employee at the .. , at the erson or persons survIVIng l' precedence and, such p~yments person of amounts so paId. . ries designated by the ~mployee .In ed \vith the Civil ServIce CommlS- · ry to the widow or widower of la " , 'y or ,surviving spouse, to. the child cendants of deceased chIldren, by " . 'parents' of 'such employee" or the to the duly apppinted legal'repre- , empl~yee" or ,if there be none" to entitled thereto under the laws of of Texas'. . , ,. A t g under the provis.ï0ns of thIS C 'and line of dl:lty Illness I.eaves of th .ay for periods of tIme com- o y illness or. injuries for .at ~ of Hi one-year period, th~ ~lty such line of duty illness 0.1' In]U~y that in cities that have a FIremen s aid injured employee's salary shou~d ) . of his regular monthly.salary, saId g' reti~e.d on pension untIl able to re- vailable to an ,employee who is t~m- jury or illness and the year at full have been granted by the ~mpl~yer cumulated sick leave, 'vacatIon tIme, ng temporarily placed ?n leave. ,_ abled by an injury or 1l1ne~s not I~e the employee may use all sIck lea\ e, employee may have accumulated be- disabi1ity~ a Fireman. or. poIicema~ and with the same senIorIty t?e pel~ ~ e Another Fireman or pollcemaI av . 1· un- ·ured or ill Fireman or Po Iceman to duty. . .of S t Leg., p. 1866, ch. 753, § '11, el . ' ep . * * '* ~ * * m pa)'n1;nts: citip^~ . of 1,200,000 lea"e; cities of 650,000 or ' , ,:acation leave 1 t· f onc thiete having a popu a Ion 0 . . . t CordIng 0,0 r more InhabItan s, ac 74 Title 28 CITIES, TO'VNS AND VILLAGES Art. 1269m to the last preceding federal census, a fireman or policeman who leaves the classified service for any reason or the beneficiaries of any fireman or policeman \\yho Joses his Hie as a result of a liné of duty injury or illness shall receive in a lump sum payment the full amount of his salary for the period of his accumulated sick leave. Sick leave shall be accumulated without limit. (b)' In any city in this State having a population of six hundred and fifty thousand (650,000) or more inhabitants, according to the last pre- ceding federal census; a fireman or policeman who leaves the classified service for any reason shall receive in a lump sum payment, the full amount of his salary for the period of his accumulated vacation leave, provided that such payment shall be based upon not more than sixty ~60) \vorking days of accumulated vacation leave. Any fireman or policeman who leaves the cJassified service or loses his life as the resùlt of a line of duty injury or illness or the beneficiaries of such fireman or policeman shall be paid the full amount of his salary for the total number of his workin'g days of accumulated vacation leave. Sec. 26 (b) added by Acts 1971, 62nd Leg., p. 2822, ch. 921, § 1, eff. Aug. 30, 1971. Amended by Acts 1975, 64th Leg., p. 302, ch. 131, § 1, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 176, ch. 86, § 1, eff. Aug. 29, 1977. * ~ * ~ * ~ ~ * * * * Adoption of Act by vote or other\\'ise Sec. 27 (a). Provided, ho\vever, that the provisions of this Act as amended by this House Bill No. 79, passed at the ,Fifty-fifth Regular Ses- sion of the Legislature, shall not apply to any city unless such city has already adopted and has in effect the provisions of this Act before the effective date of this amending Act, or unless first determined at an elec- tion at which the adoption or rejection of this Act shall be submitted. Upon receiving a petition signed by qualified voters in said city in num- ber not less than ten per cent (10%) of the total number voting in the last preceding municipal. election, the governing body of said city shall call and hold an election \vithin sixty (60) days afte'r said petition has been filed with governing body. If at said election a majority of the votes cast shaH favor the adoption of this Act, said governing body shall put . such Act into effect within thirty (30) days after the beginning of the first fiscal year of said city after said election. The question shall be submitted for the vote of the qualified electors as follows: ,':. FOR the adoption of the Firemen's and Policemen's Civil Service Act. AGAINST the adoption of the Firemen's and Policemen's Civil Service A.ct. When any election has been held in a city, at which election the adop- tion or rejection of Chapter 325, Acts of the Fiftieth Legislature, 1947, (Vernon's Annotated Civil St.atutes, Article 1269m) has been submitted, \vhether such election has been held prior to the effective date of this amending Act or subsequent thereto, a petition for another such election shaH not be filed for at least one (1) year subseq uent to the election so held; and said petition for any such election after the first election shall . ,be signed by qualified voters in said city in number not less than twenty per cent (20%) of the total number voting in the last preceding municipal election; and any such election after the first ejection shall be held at the next general" municipal election to be held in such city after the filing of such petition. This Act may be adopted to apply only to a Fire Department or a Police Department. If the Act, as adopted, is to be Jimited to one or the other 28 Tex.Stats.-10 275 1979 P,P. · · · Art. 1269rn CITIES, TO'VNS AND VILI.JAGES Title 28 department, the ballot question shall be printed to reflect which depart- ment will be cov,ered by this,Act. Sec. 27(a) amended by Acts 1979, 66th, p. 1866, ch. 753, § 11, eff. Sept. 1, 1979. * * * * * w * * * * * Savings Clause Acts 1965, 59th Leg., p. 1158, ek. 5.1¡6, codified as article .l¡413 (2900), pro'vides _in section 8 that nothing contained in the Act should be deemed to limit the powers and duties of municipal or county governments, nor to affect the provisions of this article. See art. 4413 (29aa), § 8. Section 2 of the 1971 act. which added section 26(b) of this article, provided: "As used in this Act. 'the last preceding Fed- eral Census· means the 1970 census or any future decennial federal census. This is despite any legislation that has been or may be enacted during any session of the 62nd Legislature delaying the effective- ness of the 1970 census for general State and local governmental purposes.·' A Acts 1977, 65th' Leg.. ch. 63, 'which by § 1 added § 14A to this article. provided in § § 2 and 3: "Sec. 2. All prior laws shan be deemed to have been superseded by the provisions hereof and, to the extent that any other Jaw is In conflict ,vith or inconsistent ,,,ith the provisions hereof. the provisIons of this Act shall take precedence and be effective. This section shall apply to each and every section of this Act. "Sec. 3. If any provision of this Act or the application thereof to any person or circun1stance is held Invalid. such invalidi- ty shall not affect other provisions or ap- plications of the Act ,vhich can be given effect ,vithout the invalid provision or ap- plication. and to this end the provisions of this Act are decJared to òe severable." Acts 1971, 65th Leg.. ch. 86, ,,,hich by § 1 amended § 26(b). of this arUcle. provided in § 2: "This Act shall take effect on August I, 1977." However. since the Act did not re- ceive the requisite t\\'o-thirds record vote in each house, it beca.me effective on Au- gust 29, 1977. 90 days after adjournlnent. Former § 8A. relating to educational or training incentive pay in cities of 20.000 or more. ~·as added by Acts 1975, 64th Leg.. p. 1963. ch. 648, § 1, and, prior to repeal, amended by Acts 1977. 65th Leg., p. 1140, ch. 431, § 1. Cross References Commission on )a\v enforcement officer standards ,and education, see art. 4413 (29aa) . Compensation or firemen and policemen for court appearances, see art. 1269r.. Coordinating board. Texas CoJIege and University System, see 'T. T.C.A. Education Code.§ 61.001 et seq. Denial of right to work because ot age, see art. 6252-14. Discrimination by state or local govern. nlent officers or employees against person8 because of race. reJigion, color or national origin. prohibitIon. see art. 6252-16. Fire and police employee relations act, authority under this à,rticle not 1imited, see art. 5154c-1. § 20(d). This article unaffected by creation of fire protection commission, see art. 4413(35), § 8. 'Vorkmen's compensation insurance for elnployees of poHtical subdivisions, app1ica- biJity to sums for incapacity received under this article, see art. 8309h, § 5. Law Review Commentaries DIsmissal of firemen for refusal to take a polygraph about nonemployn1ent re,. lated subjects. 11 Houston L.Rev. 1307 (1974). Library references ~1unicipa) Corporations ~186(1), 199. C.J.S. Afunicipal Corporations §§ 586. 612. United States Supreme Court New York. Hair length regulation for melnbers of police force, see Kelley v. Johnson-, 1976. 96 S.Ct. 1440. 425 U.S. 238, 47 L. Ed. 2d 708. North Carolina. Discharge of municipal employees holding positions at pleasure of municipality. procedures, see Bishop v. 'Vood, 1976. 96 S.Ct. 2074. 425 U.S. 341, 48 L.Ed.2d 684. Ohio. Untenured teacher·s right to free speech. see l\ft. HeaJthy City School Dis- trict Board of Education v. Doyle, 1977. 97 S.Ct. 568. 429 U.S. 274. 50 L.Ed.2d 471. Pennsylvania. Internal civil rights prob- lems 'within Inunicipal police department, jurisdiction of federal courts. see Rizzo v. Goode, 1976. 96 S.Ct. 598. 423 U.S. 362, 46 L.Ed.2d 561. ~runicipal regulation of residence of elTI- ployée, see l\lcCarthy v. Philadelphia Civil Service COlnmission. 1976, 96 S.Ct. 1154, 424 U.S. 645, 47 L.Ed.2d 366. Wisconsin. School board meetings. speaking by teacher on agency shop propo- sitions, see City of Madison, JoInt School District No. 8 v. \Visconsin EmpJoyment Relations Commission, 1976, 97 S.Ct. 421. 429 U.S. 167. 50 L.Ed.2d 376. -- Supplementary Index to Notes èeclaratory Judgment 31.4 Due process 20.5 Educational Incentive payments 9.5 276 Title 28 j . Exam inaticn Interest 42 Judgment 31 Jurisdiction Linlitations Offenses 39 P leadi ngs 28 Preferring ch Presumptions 29.5 Purpose 2.5 Reserve 8.5 Retirement a Rights of emp Severa nee or' Summary jUd Vacancies 8. Vacations 32 Wilful misrep Written state or suspensio, 1. Validity Section 14 years' C'ontinu firen1an hnnl eX8111ination ,,' Iation. City 6 (Civ.App.1972) , Section 5 of service COIlHll ',"hat shall coni suspension of ~ . I 1 111 '·0 yû one or J ed, ,which i.nc~ good order, 18 ! :1 nd genera I :1 ~ Sixth Anlf~l)dn~ Cûnstitution nd Ci ty of 'VichH~ 1975) 532 S. \V.2: Since the cap: an1ending sectic the alnendrnent: tional. A l't icJe J sion boards the 1 degree and date: the existing 13", Gen.1972, Xo. ~j 2. Construction, ProYision in ) Civil Service ~ Conuniss ion po"i ary cause does j is1ating in otheJ disn1Ï ssaJ of en1 ,vater v. Geron 1 Provision of F Service Act wh con troIs lllatter .nissals does noÎ rnake delnotions' nizes that the px or suspension fOI to cause for dism "tInder this a rti for creating and ~ sitions in the fir~ council, and a po~ enacted ordinancE so long as it is TD .AGES e printed to reflect which depart- Title 28 , p. 1866, ch. 753, § 11, eff. Sept. 1, * * * * * . 546, codified as article 4.413 nothing contained in the Act ers and duties of municipal or e provisions of this article. See Discrimination by state or local govern- ent officers or emp10yees against persons ecause of race, 'religion, color or national rlgin, prohibition, see art. 6252-16. Fire and police employee relations act. uthority under this a.rUcle not limited, see rt. 5154c-l, § 20(d). This article unaffected by creation of fire )rotection commission, see art. 4413(35), § 8. 'Vorkmen's cOn1pens.ation insurance for lnployees of political subdivisions, app1ica- )iHty to sums for incapacity received under his article, see art. 8309h, § 5. ·aw Review Commentaries Dismissal of firemen for refusal to take polygraph about nonemployn1ent re- ated subjects., 11 Houston L.Rev. 1307 1974).- , ibreferences l\fu' ) Corporations ~186(1), 199. C.J.S. 1\lunicipal Corporations §§ 586, 612. nited States Supreme Court New York. lfair length regulation for 1elnbers of police force, see Kelley v. ohnson~ 1976, 96, S.Ct. 1440, 425 U.S. 238. 7 L. Ed.2d 708. . North Carolina. Discharge of municipal lnployees holding positions at pleasure of unicipality, procedures, see Bishop v. Vood, 1976, 96 S.Ct. 2074, 425 U.S. 341, 48 Ed.2d 684. Ohio. Untenured teacher's right to free 'peech, see 1\ft. Healthy City School Dis- rict Board of Education v. Doyle, 1977, 97 '.Ct. 568. 429 U.S. 274, 50 L.Ed.2d 471. Pennsylvania. Internal civil rights prob- en1S 'within municipal police department, 'urisdictlon of federal courts, see Rizzo v. oode, 1976, 96 S.Ct. 598, 423 U.S. 362, 46 .Ed.2d 561. ~lunicipaJ regulation of residence of eln- ployée, see ~1cCarthy v. PhBadelphia Civil ervice Commission, 1976, 96 S.Ct. 1154, 424 .S. 645, 47 L. Ed.2d 366. Wisconsin. School board meetings. speaking by teacher on agency shop propo- sitions, see City of Madison, JoInt School District No. 8 v. \Visconsin Employment Relations Commission. 1976, 97 S.Ct. 421, 429 U.S. 1~7, 50 L.Ed.2d 376. Supplementary Index: to Notes Declaratory Judgment 31.4 Due.ess 20.5 Edu at incentive payments 9.5 Art. 12691t1 Note 2 ish~d by action of the council. Duckett v. City of Houston (Sup.1973) 495 S.'V.2d 883. Person holding "fire training speciallst" position, which "'as a noncivi1 service posi- tion created by city after elhnination of shniJar cÏ\~i1 ser\"ice position of "fire train- ing officer,·' ,,·as a "firen1an" ,,"ithin the intent of this article. City of 'Vichita Falls v. Harris (Civ.App.1975) 532 S.'V.2d 653, ref. n. r. e. CITIES, TOWNS AND VILI~AGES Exarl1inations 33 Interest 42 Judgment 31.3 J urisd iet ion 28.2 Lim itations 38 Offenses 39 'Pleadi ngs 28.5 Préferring charges 31 Presumptions and burden of proof, review " 29.5 Purpose 2.5 Reserve 8.5 Retirement 34 Rights of employees 41 Severance or, term ¡nal- pay 36 Summary judgment 31.5 Vacancies 8.2 V aca ttO ns 32 WiJful misrepresentation 40 Written statement of reasons for discharge 'or suspension 35· 1. Validity Section 14 of this article, requiring two years' continuous service by po}icenlan and firenlan irnlnediately preceding promotional examination .v.-as not an unreasonable regu- lation. City of San Antonio v.Pinchback (Civ.App.1972) 489 S.'V.2d 451. Section 5 of this article, giving the civil service conln1ission power to prescribe "'hat shall constitute cause for ren10val of su~pension of a firelnan pruyiòed the rules iu,"olye one or lnore of the cOlHplaints list- ed. ,,,hieh inciude conduct prejud icial to gooù order, 'is not unconRtitutionally vague and general and is not inyalic.l under the Sixth Alnendlnent to the 'United States Constitution nor under Const. Art. 1 § 10. City of \Vichita Falls v. Harris (CiY.App. 1975) 532 S. \-V.2d 653. ref. n. r. e. Since the caption or title of the 1971 act lunending section 9 of this article is faulty, the alnendment Is in"a1id and unconstitu- tional. Article 6243e, giving the local pen- sion boards the authority to detern1ine the degree and date of a firenlan's disability, is the existing la\v to be followed. Op.Atty. Gen.1972, No. 1\1-1165. 2. Construction and application Provision in Firenlen's 'and Po!icelnen·s Ci\'il Service Act granting Civil Service Comlnission power to disnliss for discip1in- ary cause does not prevent city front leg- islating in other fields' which ma.y cause disrnissal of employees. City of S""eet- ,vater v. Geron (Sup.1964) 380 S.'V.2d 550. Provision of Firenlen·s and PoJicenlen's Service Act \vhich 111erely regulates and controls IHatter of denlotlons and dis- u1issals does not grant city authority to Illake den1otions and disnlissals but recog- nizes that the provisiun regarding renloval or ~uspension for cause is not exclusive as to cause for di5nlissa1. Id. 1;'ndel' this article the total responsibility for creating and abolishing civil service po- sitions in the fire departlnent rests in cit)' council, and a position so created in a duly enact.ed ordinance by city council is vacant so long as it is not fHled, and until abol- Under § I;a of this article, pro\'iding that the civil ~ervice cOl1llnission "nlay make investigations concerning, and r<:port upon all Inatters touching, the enforcelnent and effect of the pro,'isions of this Act, and the rules and reg'ulations prescribed hereunder: shall inspect all institutions, departments. offices. pla(:e~, positions and elnplo)'lnents affected by this Act at least once every year,'· the legislature, by the use of the ""ord "shan," intended that the duty to in- spect nnnually would be l11andator)r. Id. Fact that fir'enlan received \yorkmen's cOlnpen~ation benefits in addition to civil service benefits after he ,,'as injured in line of duty did not mean that he was receiving "extra compensation" in violation of Const. Art. 3, § 53. City of Corpus Christi v. Herschbach (Civ.App.1976) 536 S.'V.2d 653. ref. n. r. e. Before an1endll1ent to art. 8309h relating to "·Ol'klHen'g cOlnpensation insurance for ell1ployee~ of political subdivisions, legisla- ture did not intend, in those instances ,vhere sarne illness or injury \\'as con- cerned, that conlpensation received under this article should be offset against bene- fits received fro In art. 8309h. Id. Fact that firelnan injured in line of duty received both ,vorlonen's compensation and civil service benefits did not result in his lnaking double recovery contrary to inten- tion of Texas Workmen's COlupensation Act. Id. Section 15 of this ·article guaranteeing chief of police, upon his terniination, right to be reinstated in position no 10'wer than rank he held at thne of his appointment contained nothing ,,-hich \vould preclude re- instatement as captain of prior chief of po- lice ,,:ho "'as defeated for reelection, not- ,vithstanding that he had been elected and not appointed chief; although elected offi- cers and appointed officers are referred to at several places in this article, adjectives fire not u~ed in such ~ense as to make them Jllutually exclusive. 'Vagner v. City of San Angelo (Civ.App.1977) 546 S. \V .2d 378. Use of \vord "appointment," in § 15 of this article guaranteeing to chief of po1ice, upon his termination, right to be reinstated in position no lower than rank he held at "tÍJue of appointlnent," ,va~ in reference to manner of selection '\'hich would encon1- pass election as \vell as appointlnent; in fact, ternl is used as nlore comprehensive terln, to convey idea of lnotive constituting or designating head of departtnent 'whether selected by appointlnent, election, or other- ,,"ise. Id. Intent of provisions in §§ 16, 18, and 20 of this article relating to indefinite suspen- 277 ;q:~ "':~"" :'~.~. . \t r- ,:.. t~'!;~'~· ; ~: . . Art. 1269tn Note 2 CITIES, TOWNS AND VILLAGES Title 28 8ions, de111otions and disciplinary suspen- sions is to al1o,v an appeal to district court only 'when a hearing before civil seryice commission is required and if comlnission has rendered a final decision after receiv- 'tng and considering evidence; intent of such provision is to allo\v no appeal from temporary discip1inary suspension order. but. rather, to leave imposition of such a penalty to discretion of department head, subject only to reversal if ,COlnmfssion chooses to investigate and disagrees with action of J;·µartment head. Fox Y. Carr (Civ.App.l1t77) 552 S.'V.2d 885. Civil service rule prohibiting "conduct unbecoming to a gent1eman and/or prejudi- cial to good order" was not, as applied un- der facts surrounding order of city fire- 1nen's and policemen's civil service corn- n11ss10n suspending fireman from départ- ment for period of 90 days for uttering vile and abusive language -towards fire depart- ment training specia1ist, unconstitutionally vague under due process clauses of United States Constitution and State Constitution. City of \Vichita Falls v. FO'wler (Ch~.App. 1977) 555 S.W.2d 920. Statutory sections and rules relating to right of any fir~man or policen1an to fHe petition asking that decision of civil service comrnission denloting, dislnisRing or sus- pending his employnlent he set aside \,"ere not app1icable to city police department elnployee's suit arising fronl alleged el\1- ployrnent discrhnination, ,,~here order is- sued by conlmission fol1owing hearing dis- posed' of aHeged discrhnination charge, and employee was not chal1enging an order of suspension, di!-;missal or demotion. Amaril- lo Civil Service Comnlission v. Yitatoe (Civ.APP.1977) 556 S. "r.2d 648. Court of Civil Appeals must give 1975 amendnlent to § 26 of this artic1e a con- ~truction or interpretation which 'win ren- der it valid if it is reasonably possible to do so. '\~an1 v. City of San Antonio (Civ. App.1977) 560 S.'V.2d 163. ref. n. r. e. Section 19 of this article governing au- thority of the civil service. cOJnnlission does not state explicitly the ground on which an officer lnay be denloted, but eYidenl1}~ the legislative Intent 'is that the COlnmisRion should first deternline whether the chief's recommendation states probable cause for the' l'ecornmended del'I1otion, and if the cot11Jnission detern1ines that probahle cause is stated. then it must hear the e\"idence anù by inlp1ica tiOB Hlay delnote the officer if it decides that the evidence supports the chief's staten1ent of probable cause. City of Carroll ton v. Keeling (Civ.APP.1977) 560 S. 'V.2d 488, ref. n. r. e. Since a fire depart1nent, 1ike a police de- partn1ent, must act promptly and efficient- ly to protect citizens al1d their property in situations of great danger, the confidence of the chief and other menlbers of the de- partment in the supervisory efficiency and judgrnent of an officer may be a more im- portant consideration than in other types of public employn1ent. Id. Auxiliary policelnen cordance 'with art. 998 from carrying a pistol while in the actual discharge of their offi~ial duty even though they are paid no con1pensation for their services \vhen they are so emplo)~ed by a city having a population of less than 10,000 by the preceding federal census and which city is not covered by the civil service act (this article), but such employment with- out cOlnpensation in cities of over 10,000 would subject certain city officials to penal fine under the provisions of Vernon's Ann. P.C. art. 1583-2. Op.Atty.Gen. 1968, No. ~1-282. Benefits under art. 8309h are not subjèët to being set off against benefits paid un- der this article. Op.Atty.Gen.1974,No. H- 338. ' Section 27 (a) of this article requires that a date and place- for the election be set and notice of such date and place be given ,vithin sixty days after"submission of a val- id petition. The actual holding of an elec- tion called pursuant to said § 27(a) must take place ,vithin a reasonable time there- after. Op.Atty.Gen.1974. 1'0. H-394. 2.5 Purpose Intent and purpose of Firemen's and Po- licemen's Civil Service Act is that top man on e1igibiJity list :when vacancy ocèurs has prilnary right to fill the vacancy. Bostick v. O\vens (Clv.App.1968) 423 S.\V.2d 471, ref. n. r. e. 3. Powers of commission Civil seryice, hearings held pursuant to this article are not subject to the stringen- cy of the criminal la \V \\·ith respect to spec- ification of charges brought against a fire fighter, and a general charge supported by specific acts is a suitable procedure for a profession \\"hich dernands a state of readi- ness, strict discipline, and a 1neasure of obedience and valor not expected in ordi- nary callings. City of 'V'ichita Fans v. Harris (Civ.App.1975) 532 S. 'V.2d 653. City ch·n serYice commission is not au- thorized to construe a statute or an ordi- nance, nor is it authorized to decide a question which is purely one of law. Id. Ti 6. Cit iug I icew civil and ary \vas in a sen'i ' with state e r ,r. 427 S. Exc ra ises depar pro\-is that a paid :1 or thj ~:::~~ Clack 452 s. \ 1\ onl1 police ~ and caj der Ci\ perrnitt ment tJ tion Le EmpJ~ era ft CI \Vorth, aviation employE men or ments « created persons ed in a - sions ot Service, 4. Rules, regulations and lists In vie\\' of rule of city fire111en'S and po1icenlen's civil service comlnission stat- ing that cause for removal results when enlployee has violated rules of fire and police departnlents, and in vie\v of city ordinance providing that chief of police n1ay punish ernployees for violation of rules cOlnpi1ed and published under his direc- tion, rules and regulations of police depart- nlent, \vhich did not conflict with city charter, ordinances or civil service com- Inission rules, were effectively adopted by the civil service com111ission and could properly be considered in suspension pro- ceedings. Walker v. City of Houston (Civ. App.1971) 466 S.W.2d 607. Civil service commission regulation pro- viding for the use of efficiency reports in breaking ties on prolnotional examinations for firemen ,vas reasonable and its use did a.ppointed. in ac- not violate constitutional rights of fireman are not prohibited who tied with other persons on prolnotional 278 AN~VILLAGES Title 28 _ a pistol v.~hi1e in the actual 01 c f ~heir official duty even though charge 0 al.d no c~nlpensation for their v are P , d b a r~'ices ,vhen they are so emploJ e Y h ring a population of less than lO,?OO y a\ I and ""hICh the preceding federa censuS is not covered by the civil service. act ~s article), but such. ~mpl0rr;;~~: ~I~~~ t con1pensa tion in cltles 0 , 1 Id ubject certain city officials to pen a 0\1 Sd the Provisions of Vernon's Ann. le un er . 968 N C. art. 1583-2. Op.Att)".Gen. 1 , o. -282.· .. . ·"'t Benefits under art. 8309h tire not subJec being set off against benefits paid u~~ er this article. Op.Atty.Gen.1974,'- .No. 8. Section 27 (a) of this article requires that date and place' for the election ~e 8.et and otice of such date and ptace be given 'ithin sixty days after submission of a val- petition The actual holding of an elec- ·on called pursuant to said § 27(a) must ~ke place ,vi thin a. reasonable time there- fter. Op.A.tty.G€f.1.1974, No. H~394. 5 Purpose " p . Intent and purpose of Firelnen sand 0- icemen's Civil Service Act is that top man n eligibility list .,,~hen ytlcancy (H.:curs ~as . ht to fill the vacanc)". Bostlck rimary rIg . 471 ~ Owens (Civ.App.1968) 423 S.\V.2d , ef. n. r. e.. Powers of commission . Civil servic.e hearings held pursl1~nt to the .. Ie are not subject to the stnngen- Cyl~ riminal la,," vdth respect to sp~c- lficaf f charges brought against a f~e fighter and a general charge supported Y snecifi~ acts is a suitable procedure ford.a p.t.~ofession \vhich delnands a state of rea l~ t . t discipline, and a Ineasure ? ness, s rIC . d' rdl- obedience and valor not expecte In 0 nary callings. City of \Vichita Fans v. Harris (Civ App.1975) 532 S.'V.2d 653. CI·ty civii service commission is not al~- t an ordl- thorized to construe a statu e or 'd nance, nor is it authorized to decl e I ; question \\'hich is purely one of la,v. ( . 4. Rules, regulations and lists In vie\v of rule of city fir~nl~n's an~ o1icemen's civil service cOnllnlSSIOn stat fng that cause for removal result~ 'Vhe~ elnployee has violated ru.les .?f fl~~ :;~y police departments, and In "le'V lice ordinance providing that chief of po unish employees for violation of rules rnay p "" h· d· ec- cOlupiled and published under IS 1f _ tion rules and regulations of pollce depa:t , h'ch did not conflict with clÌY n1ent, \V I '.. com- harter ordinances or civil ser\"lce c, . d t d bv lnl·~sion rules, were effectivelY a op e l'd "" .' a d cou the civil service commiSSIon n. rO- properly be considered in suspensIon ~.. ceedings. Walker v. City of Houston ( 1\. App.1971) 466 S.\V.2d 607. Civil service commission regulation pr?- viding for the use of efficiency report~ In breaking ties on promotional ex~min~:l';~ for firemen ,vas reasonable and Its ~s not violate constitutional rights of f1f~ln~~ Whe with other persons on promotlol I I 1f . ìr . -',' . . . . ;"~:J""'(~ :~:~J~~:.). ~,':""'J:;".J~;"""~~~'~.:' ~ 1;'~'I...<·"j.'u~~.;":"... Title 28 Art. 1269rn Note 8 of Fort 'Vorth (Civ.App.1973) 497 S. W.2d 88, ref. n. r. e. Application of § 8 of this article govern- ing fining of job classifications in po1ice and fire departnlents, equal salaries 'within each classification, longevity pay, and de- . partment head designation of personnel from next lo\ver paying job classification to ten1porarily fill a position in a higher clas- sification is not limited to situation in ,vhich vacancy exists and thus was appli- ca ble in suit by firelnan against city to re- cover additional "rages for temporary duty to higher paying job classification. City of Galveston-v. Russo (Civ.App.1974) 508 S. 'V.2d 882. In suit by fireman' against city to recover additional "'ages for ten1porary duty in higher paying jOb classification, any error in rendering judgment based on former Pe- nal Code article 1583-2, § 3 (transferred; see, now, art. 1269Q, § 3), requiring affected lTIunicipa1ities to set up job classifications in police and fire departments and to pro- 'vide for duties and salaries for each classi- fication ~"as harmless because of alternate basis of recovery under § 8 of this article, governing filling of vacant job classifica- tions. Id. CITI~~S, TO'VNS AND \rII--JLAGES ¡ ~ ,i , ~ , .~ T'.' ':i ~ ;~ .;i : :Ê ~ , t~ examination for assistant fire chief but ,,"hose name appeared last on eligibility list after consideration of efficiency r~ports. Lee v. Firelnen's and Policelnen's Civil Service Comnlission of San Antonio (Clv. APP.1975) 526 S.'V.2d 553, ref. n. r. e. In considering ,,'hether a particular police officer has sho'wn such re1iabiJity and fit- ness to be promoted to a higher office, a chief of police might properly consider not only any question raised by pending charges or allegations, but also the officer's reaction to such charges and the nature of the officer's cooperation in effecting a prolnpt determination of the Inatter. Heard v. City of Houston (Civ.App.1975) 529 S.\V.2d 560. - City police officer who was discharged for comluitting acts which violated city civil service rules did not have standing to assert that the regulations which provided the basis for his discharge might be uncon- stitutionaIly vague as app1ied to sorne other conduct by some other elTIployee. City' of Lubbock v. Estrello (Civ.APP.1979) 581 S. W.2d 288. 6. Class ¡fica tion City of 'Vichita Fans ordinance provid- ing for a civil servIce c1assification of po- licewonlen ,vhich ,,"as differtnt than the civil service classification for patrolmen and did not require paY111ent of sanle sal- ary to police\V0111an as to a person who ,vas classified as a police officer, enacted in accordance ,vith this article on cÏ\'iI service for po1icenlen, ,\"as in compliance . with state la,v and ,vas not in violation of state or United States Constitution. Carv- er v. City of 'Viehita Falls (Civ.App.1968) 427 S. 'V.2d 636, ref. n. r. e. .~ '~J Ît ~1' I II r '·3 'S . . Excluding custodial "'orkers frOITI pay raises granted police officers in city police departrnent did not, of itself, establish that provision of Civil Service La\\" requ.iring that all those in the saIne classification be paid the sanle wage had been cÍl'culTIvented or that failure to grant custodial worker, garage attendant, such raises had effect of demotion ,vithout compliance w'ith act. Clack Y. City of San Antonio (Civ.App.1970) 452 S. VI.2d 502, rete n. r. e. P,'obationary employees of city were not considered "classified employees" until completion of their probationary period and, hence, rule subjecting every layoff of a classified employee to revie\v by civil service cOlnmission did not apply to proba- tionary employees and they could be re- lnoved for sufficient cause vdthout a hear.. Ing before commission. Smith v. City of Houston (Civ.APP.1977) 552 S. W.2d 945. 7. Qualificatfons A person appointed as a peace officer after September 1, 1970, must complete an approved course in law enforcement before becoming a full-fledged police officer de- spite the provision of this artï'cle, that the probationary period ,viII' end automatically at the end of six months. Op.Atty.Gen. 1973, No. H-40. 8. Appointments Action of ci ty firelnen' sand po1icemen' s · civil service cOITImission in sustaining ap- Nonla,v enforcement elnployees of city pointment, by city police chief, of appUcant police departrnent hold classified positions scoring second highest on civil service ex- and cannot be dep..jved of their rights un- anlination for ·office of superintendent of der Civil Ser\rice Act and a city ,viII not be identification bureau of police department, perlnitted to circulln·ent statutory require- on ground that second highest scorer had ment that all those in the same classifica- had experience in supervision, was support- tlon be paid the sall1e ,vage. Id. ed by substantial evidence and .,vas not ar- Ernployees classified as melnbers ot uAlr- bitrary, unreasonable, capricious or fraudu- craft Crash Rescue Squad" of City of Fort lent. Cra,vford v. City of Houston (Civ. 'Vorth, a home rule city, and placed in App.1967) 414 S. \V.2d 212, ref. n. r. e. aviation department of city were pUblic Evidence supported finding that fire emp10yees 'who 'were not firenlen or police- chief's bypassing fireman who was' high- men or nlembers of fire or police depart- est on register of eligibles and appointing ments of city, and neither the positions persons lower on list of eligibles to three created by the city in such ~quad nor the "acant positions of i1.ssistant fire chief was persons fining such positions 'were govern- not arbitrary, capricious or unreasonable, ed in any nlanner whatsoever by provi- and did not constitute abuse of discretion. sions of Firemen's and Policemen's Civil Cash v. City of Houston (Civ.App.1968) Service Act (this section). Wright v. City 426 S."\V.2d 624, ref. n. r. e. 279 ~~. ì1~ '11" I:·.>.·..····~..··~·'.· . " .~ .r' i1. I" I I '1, I··'·" "¡:; - ~I·' ~ , . :;.~.~ > ~~ .' ì~"~: · CITIES, TOWNS AND VILLAGES Title 28 Art. lZ69¡n Note 8 Fact that applicant who was orally exam- ined by city officials for position of director of automotive equipment 'was the only ap- plicant for position of professional nature did not destroy con1petitive nature of the examination or prevent app1ieant's classi- fication as civil service employee. Cole v. City of Houston (Civ.App.1969) 442 S.'V.2d 445. 'Vhile mayor of Houston had no express authority under city code to appoint acting chief of police, follo"'ing resignation of former chief of police, pending appointment and confirmation of a pern1anent chief of police, the necessity' fOf power was clear, ' and mayor ,",'as acting within the scope of his implied authority when he appointed individual to be acting chief of police and person so appointed had po\ver to order po- lice captain's suspension. Nixon v. City of Houston (Civ.ApP.1977) 560 S.'V.2d 447, ref. n. r. e. Appointment as police officer of brother.. In-la\v of chief of police under the civil service la\v (this article) \vould violate the nepotism law (art. 5996a). Qp.Atty.Gen. 1978, Ko. LA-152. 8.2 Vacancies 'Vhere positions in city civil service have been created by city council's ordinance, but have never been filled since their creB.- tion, question of whether Of not there is a vacancy is discretiori'ary matter for deter- mination by respective departrnent heads. Cit)r of Houston v. Duckett (Civ.APP.1972) 486 S."\V.2d 871, re\~ersed 495 S.Vv.2d 883. Once a municipal civil service position is fil1ed, even by a "temporary" elnployee, or request is made b:y head of department for a person and comluission certifies the t.hree names having the highest grades on the el':- igibility list for such classification, person heading the deparllnent n1ust. lnake an ap- pointn1cnt fro1n such list to fin the vacan- cy. Id. .A vested prhnary right to be appointed to fill vacancy in fire deparbnent could 110t becorne a nullity by fire chief's forbearing to act in timely fashion to fill the vacancy as required by §§ 8, 10 and 14 of this arti- cle. Id. \Vhen a new' civil servIce position is cre- ated by duly enacted city ordinance, posi- tion relnains vacant so long as it is not filled and until it is abolished by action of city council. 1\1ichna v. City of Houston .(Civ.APP.1975) 521 S.Vv.2d 331, appeal after remand 534 S.Vv.2d 728, ref. n.f. e. 8.5 Reserve A City \vhich has adopted this article (Civil Service Act) and placed its regular police force under this act is without au- thority to create a. police ··reserve", unless such reserve is constituted under and strictly in accordance with this article. Qp.Atty.Gen.1968, No. ~I-24~._ 9. Compensation City had authority to freeze po1ice offi- cers' sala-des in nondiscrhninatory manner, despIte ea.rlier passage of ordinance grant- ing police officers salary increases. City of Beaumont v. Bond (Civ.APP.1977) 546 S. W.2d 407. ref. n. r. e. Police officers had no vested property right in and to their employment with city, nor any vested right to receive any stated amount of money per month as compensa- tion for services rendered. Id. 9.5 Educational incentive payn1ents Educational incentive payments, autho- rized by this article, as amended in 1973, may be based on completion of basic law enforcement core curriculum courses at an accredited college Of university but not solely upon intermediate or advanced cer- tificates issued by the Texas Commission on Law Enforcement Officer Standards and Education. Op.Att}".Gen.1973, No. H-159. In order to be e1igíble for educational in- centive payments a police officer must have completed la,v enforcement courses COlnprising the "core curriculum" approved by the Coordinating Board, Texas College and University System and the Texas Com- mission on Law Enforcement Officer Standards and Education. Id. Training courses or programS which do not n1eet the statutory requirements for Heducational incentive pay" may not serve as the 'basis for incentive payments to po- lice officers. Id. 11. Promotions Chief inspectors who were in sa~e grade \vith sarne basic saIat"y as assistant arson investigators in fire department and had right to saIne uniforrn increases in pay had the right to take the same prolnotional examinations as assistant arson investiga- tors might be given. Loos v. City of Hous- ton (Civ.App.1964) 375 S.'V.2d' 952, ref. 11. -r. e. City may not permit assistant arson in.. vestigat~rs to take-prolnotional examina- tion and at saIne time keep chief inspectors, ,vho are in identically the same grade \vith the assistant arson investigators fron1 tak- ing the sanle examination. ld.: Plaintiff, \vho \,"as top man on eligibility list from Septen1ber I, 1965, when vacancy for position of lieutenant in fire department occurred, until September 16, 1965, when the list expired, was entitled to be promot- ed to the vacant position at the latest 90 days froIH September 1, 1965 and plaintiff's alternative prayer requesting that relief as of December 10, 1965, should have been granted. Bostick v. Owens (Civ.App.1968) 423 S.'V.2d 471, ref. 11. r. e. Under'subd. E of sec. 14 of this article pertaining to promotions of firemen and pol icemen providing that head of depart- l1lent shall appoint person having highest grades on e1igibiJity list certified by com- mission except where he has valid reason for not, appointing such highest name, fact that three vacancies exist in one classifica- tion at time request for certification of eligibles is made does not divest head of department of discretion or require him to appoint first three names on list to the 280 Title- 28' three pos! (Civ.App. Ernploy fire depar media.tely, motional seven-n10 had not s least two of exami article re and 'was amination' (Civ.App. Phrase years" in:' hOlding p interrupti Provisio en1ployee shall be has serve two year promotion sitton is Id. In Juan en1ployee director 0 Service prornotio arson in,' not precl p)aintiff any ey€n ject for v est grade record cli not have tiff's app purport t~ under § 1~ jecting thi have bur\~ have beE-Il! v. City of 883. ~ In nland enlployee j director ()j Service C promotion arson iny€ not pre('h~ was a\'ac~ date of or the elnplo~ beca use tJ nanling pe where pro lished the tion. Id. 'Vhere ( participa tt and was fire depar operator t, for in his with respE of captain of Injunct was moot., Title 28 VI~;ES o1ice officers salary increases. City of mont v. Bond (Civ.APP.1917) 546 S. 407, ref. n. T. e. , 1 ice officers had no vested ~roperty in and to their employment with city, ny vested right to receive any stated nt of money per month as compensa- for services rendered., Id. Educational incentive payments ucational incentive payments,. autho- by this article, as amended In 1973, be based on completion of basic law rcement core curriculum courses at an edited college or university but not y upon intermediate or advance~ c~r- ates issued by the Texas CommlsslOn aw Enforcement Officer Standards and cation. Op.Atty.Gen.1973, No. H-159. order to be eligible for educational in- tive payments a police officer must e 'completed. la'v enforcement courses prising the "core curriculum" approved the Coordinating Board, Texas Col1ege University System and the Texas c~m- 'sion on . LaW Enforcement Officer ndards and Education. Id. raining courses or programs which do n1eetthe statutory t"equirements for ucational incentive pay" may not serve the' basis for incentive payments to po- officers. Id. Promotions ' hief inspectors ,,~ho were in same grade th S.asiC sala1"Y as assistant arson "esti in fire department and had ht to.. e uniforrn increases In pay. had e right to take the saine pr~n10t}?nal aminations as assistant arson lnvestlga- rs rnight be given. Loos v. City of Hous- n (Civ.App.1964) 375 S."\V.2d 952, ref. r. e. City may not pern1it assistant arson in- stigators to take - promotional examina- on and at saIne thne keep chief inspecto;s, ho are in identically the same grade ,vlth e assistant arson investigators, from tak- g the same examination. ld.' Plaintiff, "Tho ,..as top man on e)igibi1ity st from Septen1ber 1, 1965, 'when vacancy r position of lieutenant in fire department ccurred, until September 16, 1965, when e list expired, ,,'as entitled to be promot- d to the vacant position at the l~test 90 ays fron1 September 1, 1965 and plai~tiff'S Iternative pra)'er requesting that rehef as f December 10, 1965, should have been ranted. Bostick v. Owens (Civ.APP.1968) 23 S.\V.2d 471, ref. n. r. e. Under·subd. E of sec. 14 of this article ertaining to proluotions of firemen and o1icen1en providing that hea.d of depart- l1ent shall appoint person having highest rades on e1igibi1ity list certified by com- nission except ,,"here he. has valid reason for. not.. appointing such highest name, fact that three/vacancies exist in one classifica- tionat time request for certification of eligibles is made does not divest ?ead .of department of discretion or requIre h1n1 to a.t first three names on list to the ~ Î ~ t': ~ t ~.'.':.." ~ ~ ~ ~ fi Art. 12691t1 Note 12 111en's Civil Service Conlnlission (Civ.App. 1975) 520 S. \V.2d 470. ,V here classified fire alarm operator's ac- tion for declaratory judgment had become 11100t because he had received the promo- tion to captain for \\'hlch he sought dec}ar- a tory relief, the prOI)er order was not one of di~missing of the appeal but the dismis- sal of the cause in the }O\\Ter court for the ,,'ant of authority in the operator to main- tain the suit. Id. City poJice lieutenants, \vho occupied sixth, seventh and eighth positions on eli- gibility list for proluotion to captain and v·,rho "'ere not proluoted to such positions \vithin 90 days after the respective 5ixth, seventh and eighth vacancies occurred in position of captain, were entitled to recover addi tional sa]arles and other emolutnents of office of captain from- date on ,vhich such 90-day periods-expired to date on ,vhlch such positions \vere abolished by ordinance. - l\1ichna v. City of I-Iouston (Civ.App.1975) 521 S. \V.2d 331, appeal after remand 534 S. \V.2d 728, ref. n. r. e. 'Vhi1e discretion reposed in a chief of po- 1ice is not \vithout limitation, the legisla- ture has designated the Civil Service Com- rnission as the fina.l arbiter of his actions "Tith respect to luatters such as IH'olnotion of poJice officers, aùsent a showing of some constitutional violation. Id. Initial detern1ination of whether a police officer should be prolnoted to a higher po- sition is a lnatter pecu1iarly ,vithin the dis- cretion of the police chief "Tho hSis the ulti- }"nate responsibility for the professional standards of his officers. and in making this deterlnination poJiee chief must rely to a considerable degree upon reports and ad- "ice of his officers \vho have supervisory responsibility over the police department personnel. Id. Title 28 CITIES, TO'VNS AND VILLAGES .~ three positions. Cash v. City of lIouston (Civ.App.1968) 426 S. 'V.2d 624, ref. n. r. e. En'lployee ,vhose en1plo)'lnent with city fire department during t\vo-year period in1- media.tely prior to scheduled date of pro- motional examination ,,·as interru(Jted by seven· month period of disability retirelllenl had not served in such departnH:nt for llt least two years inl1nediatebr preceding day of examination as required by ~ 14 of this article regulating prolnotional exanlinations and "~as not eligible to take scheduled ex- amination. City of lIouston v. Landrunl (Civ.App.19C9) 448 S.\V.2d 816, ref. u. T. e. Phrase "continuous position for two years" in § 14A of this article connotes . holding position for such period ,vithout interruption. Id. Provision in § 14D of this article that no employee of city police or fire departlnent shaH be eligible for pron}otion unless he has served in such departtnent for at least two years hnlnediately preceding day of pro1notional examination in next 10\\'er po- sitio'n is not an unreasonnble rt-gulation. Id. ' In mandan1us action ·by fire departrnent employee to compel city, fire chief and director of B~ren1en's and Po1iceluen's Civil Service Conllnission to cèrtify plaintiff's prolnotion to position and pay of assistant arson investigator, sunl111ary judg!nent \Vas" not pl'ecluded on ground that any rights pJaintiff lnight have had were subject in any event to authority of fire chief to re- ject for val id reasons persons having high- est grades on certified eligibility list, and record (Hd not establi~h that fire chief did not have yaJid reason for rejecting plain- tiff's appointment, \vhere fire chief did not purport to invoke such statutory' procedure under § 14, subd. E of this artiC"l~ for re- jecting the plaintiff and plaintiff did not have burden of sho\ving that he \yould not have been upheld had he done 80. Duckett \'. City of Houston (Sup.l!J73) 495 S.'V.2d 883. In rnandarnus action by fire department elnp}oyee to conlpel city, fire chief anù director of Firen1en's and Police1nen·s Civil Service Commission to certify plaintiff's pronlotion to position and pay of assistant arson investigator, sunu11ary judgn1ent ,vas not precluded on theory that even if there was a vacancy in such position on effective date of ordinance authorizing the position, the elnployee did not establish his standing because there ,vas no prior e1igibility list nalning persons with rights superior to his, where prolnotional exanlination list estab- lished the employee's right to the promo- tion. Id. 'Vhere claRsified fire alarm operator had participa ted in PI'Olllotional examina Uon and was prOlnoted to rank of captain in fire departnlent, it \vas hnpossible for the operator to be granted the relief petitioned for in his action. for declaratory judglnent with respect to pro1110tions to the position of captain and his appeal from the denial o~ injunctive declaratory judgn1ent relief was moot. SchoU v. Ji.:iremen's and Police- I i ~~ ~,' 1,l ~~ :~~ i'" d fj'~' 1','···:.'tr.~.'.'.1.........,...........".' ,~ .<:' !'~.;.'.... . ~ ." ";1" I ~...'."......~\ ~ ~.~ ì ~: I iJ ~ I'.:.J... ~ I' I ~! ff;;j 1i 12. Promotion lists Firelnan ,,'hose name appears first on eli- gibility list for position such as that of dis- trict fire chief Is possessed of equitable property right in that listing, even though threat is only to Jov.'er hhn on order of list, and any profit to hhn is contingent upon sOlne eyent which might or 1uight not hap- pen. Crain v. Firemen's and PoUceluen's Ch'il Service Commission of City of Fort '\"orth (Civ.App.1973) 495 S.W.2d 20, ref. n. r. e. Persons \vho "'ould benefit if eligibility list for promotion to dist.rlct fire chief ,vere changed ,vould be necessary parties to ac- tion for pern1anentinjunctfon against such change, but were not necessary parties on 11earing for temporary Injunction to pre- vent such change.· Id. "1here fireman had equitable property right in first place Usting on list of persons eligible for appointn1ent as district fire chief and "authorities were threatening to lower his position ·on that Jist to number three, fireluan "'as entitled to ha,·e his rights protected by issuance of teluporary injunction "'ithout reference to his possible want of "clean hands" or possibility that 281 . ':.~')~.~"i,I'.,.. 4...~¿. .....,'"'.~...,;.,.~:,-..).:,.. Art. 1269111 Note 12 he 'would have adequate ren1edy at law. Id. Authority of civil service cO!nmission of city of Forth \Vorth to revie,v and alter eli- gibilíty Jist established and/or examination papers upon 'which it was in principal part predicated ceased to exist five days after date of establishment of list without appeal having been filed by any examinee. Fire- men's and Policemen's Civil Service Com- mission of City of Ft. \Vorth v. Willian1s (Civ.App.1975) 518 S.\V.2d 615. \Vhere no appeal was filed by any exalni- nee \vith respect to eligibility list estab- lished by city civil service commission, Ust and relative standings þecall1e "finalized, II and an equitable property right existed in person listed relative to his standing on list. Id. . Person who is at top of a current civil service eligibility list has prhnary right to fill a vacant position, ,vhether created by ordinance or resultÍ11g from sorne other cause. :M::ichna v. City of Houston (Civ. App.1975) 521 S.\V.2d 331, appeal after re- mand 534 S. W.2d 728, ref. n. r. e. Since effect of cou'rt decision was that individual ,vhose name appeared on e1igi- bi1ity Ust in effect prior to adoption of ell- gibUity list on which plaintiff's narne ap- peared 'was entitled to be promoted to fHI vacancy in position of assistant arson in- vestigator for city and efff'ct of such deci- sion was' to leave no vacant positions and no other vacancy for which plaintiff ,vas eligible occurred during 1ifetirne of eligibi1i- ty list on which he appeared, plaintiff had no right to be promoted to position and pay of assistant arson investigator. 1\1cGregòr v. City of Houston (Civ.App.1975) 528 S.'V. 2d 620, ref. n. r. e. ':,~, 4" '~'-IIo' ''''.~-:':.I~:I .-.,-""1\¡..".>-~.-...:..,.. CITIES, rrO"rNS AND VILLAGES Title 28 13. Leaves of absence On issue of entitlement to acculllulated sick leave, arson investigor for fire depart- ment failed to establish that heart attack ",·a8 caused by injury received ,,'hUe in line of duty \vith fire department, and thus city properly charged pay received by investiga- tor during disability leave. of absence against investigator·s accun1ulated sick leave. City of Houston v. Cald'\'ell (Civ. App.1971) 582 S."'\V.2d 494. Arson investigator for city fire depa.rt- ment ,vas entitled to full pay during injury leave of absence Qnly if disability resulted from injuries received while in line of duty; pl:oof of such injury 'was required as condi- tion precedent to recovery. Id. 1\iere fact that fire deparhnent arson in- vcstigator·s heart attack occurred ,vhile on duty did not establish that he received in- jury in the line of duty entitling him to full pa.y during disabillty leave of ahsence. Id. ment notwithsta.nding duration of leave of absence. Hanlon v. Nelson (Civ.App.1971) 474 S.\V.2d 526, ref. n. r. e. Peace officer, ,,,ho joined Air Force, ,vas not "recalled". on active duty for purposes of section 14 of this article providing that requirement of t·wo years' service in police department inunediat.ely preceding day of promotional exan1ination should not be ap- plicable to those persons recalled to active military duty. City of San Antonio v. Pinchback (Civ.App.1972) 489 S.W.2d 451. Under this article and art. 6252-4a. a city fireman, on returning froln military leave prior to the effective date of. said Article 6252-4a. is entitJed to credit for pay purpos- es for the time spent in Inilitary service. Op.Atty.Gen.1968, No. M-250. 15. Sickness and Injury benefits and pen· sions Fireman who had 205 dàys of accumulat- ed sick leave at thne he "ras involuntårily retired for disability resulting from inness from performing his duties was entitled to full salary until such time as he had used all of his accumulated sick leave and provi- sion of section 26 of this article Ihniting sick leave payment to 90. days to person who leaves classified service was inapplica- ble. City of Fort Worth v. Bostick (Civ. App.1972) 479 S.'V.2d 350, ref. n. r. e.. City cannot terlninate employee who is sick and desires to use accumulated sick leave until it is fully used. City Qf Galves- ton v. Landrum (Civ.App.197C) 533 S.W.2d 394. Provisions of § 26 of this article, provid- ing for payn1ent of accumulated sick leave upon leaving n1unicipal classified ser,Fice, n1ust be considered as part of contracts of emploYlnent behveen city and its firemen; thus payment of acculnulated sick leave after retirement is not unconstitutional paynlent of extra compensation after serv- ice has been rendered. Id. Policemen, who had mar.datori1y retired at age 65, ,,·ere subject to litnitation of 90 days' payment of accumulated sick leave in § 26 of this article. Id. In § 26 of this article, ',vords "for any reason lea yes the classified service" would be construed to mean "leaves the classified service, ,vhether voluntarily or involuntari- ly"· Id. Former city en1ployee "'as not entitled to recover froIn city for injuries sustained in fan rluring performance of his ernp)oyment ,,·here he had signed a valid release absolv- ing the city from all liability and ratified release by accepting benefits thereunder. Pack v. City of Fort 'Vorth (Sup.1977) 557 S.\V.2d 771. In regard to situation in ,,,hieh it was re- 14. Military leave of absence quired that retired firemen be paid fuJl Under sec. 22a of this artic1e, police ser- a nlount of their salary for full period of geant who '~las granted rnilitary leave of their unused sick leave accunu11ated after absence in l\lay of 1952 and served actively September I, 1975 but could only be paid with Air Force. voluntarily accepting pro- for a maximum of 90 days' sick leave accu- illations at re~ular intervals until he ,van ITIulated prior. to such date, city acted relieved of active duty in June of 1970. "ras properly in charging fireInen sick leave entitled to reinstatement in police depart- taken aga.inst the last earned but unused 282 I ~t 17. Abolishi~ Only the c provisIons of tions, statute of Houston ) classified city v. City of lio 2d 445. City counciJ employee noti abolish V8can1 elnplo)Fee had did not invaH( sition 'where f( eJsew here n t t This 8 rticte , that fire chief D ".AGES Title 28 . d' duration of leave of nt notwlthsta.n \ng . A 1971) sence. Hanlon v. Nelson (CIV. pp. 4 S."\V.2d 526. ref. n..r: e'd Air Force, ·was Peace officer, ,vho JOlne oses 44, called" on active duty for purp . tIe. 14 ~f this article providing tl~at sectIon " 'n Pollce . t of two :rears serYICe 1 qUlrelnen d' 19 day of partll1ent i11'unediately prece II t b ap ·omotlonal exalnination should no e tiv~ HcabIe to those persons recalled to aic C·ty of San Anton 0 v. 1ilitarY duty: Al 1972) 489 S.'V.2d 451. inch back (CIV. pp. ~ 't Under this article and art. 62~~-4a. ~ec~v~ ireman on· returning from mlh~ry . . r t~ thB effective date of said ArtIcle ;~~-4a is entitled to credit for pay purpoS- s for 'the time spent in' military service. p.Atty.Gen.1968, No. ~1-250. 5. Sickness and injury benefits and pen- sions Fireman who had 205 dàys of accum~lat- . ,t time he ,vas involuntarilY cd sick lea" e a 11 eRS t' ed for disability resulting from 1 n ... re Ir f.' g his duties ",rag entitled to frorn per 01 mIn h d ed full salary until such titne as he a us 1 all of his accumulated sick leave and. p:o~ - . ti n 26 of this article lnnltIng Slon of see 0 d vs to person sick leave payment to 90 - aþ. . who leaves classified service was l~appl1C~- ble. City of Fort 'Vorth Y. Bostick (CIV. A p.1972) 479 S.'V.2d 350, ref. n. r. e. . p . t ployee '\vho IS City cannot termlna e eln, " . . k 1 desires to use accumulated sIck ~lC .u it is funy used. City Qf Galves- t~~ .Jandrum (Civ.APP.1976) 533 S.'V.2d 394p' r' ·ons of § 26 of this article, provid- rO'ISl t d 'ck leave in for pavn1ent of accumula e. S1 . U ~n leaving 111unicipal classified serVIce, d:ust be considered as part of ~ontracts o~ en1plOyn1ent between city and dlÌS . f~e~;=~~ thus payment of acctllnulate SIC t· ent is not unconstitutional after re Irem . payment of extra conlpensation after ser\- ice has been rendered. Id. . d . ·ho had mandatorilY retIre pohcemen. w . . . f 90 t 6r,: ,,,·ere subject to hnlltatlon 0 . a age óJ, d . k leave 111 days' payment of accun1ulate SIC § 26 of this article. Id. d "for any In § 26 of this article. wor ~ " .. 1 d reason leaves the classified serVIce "W?f: 1 d be ~onstrued to mean "leaves t1?e classl I~_ service, "'hether voluntarilY or Involuntarl ly." Id. ' . d to Former city employee ,,-as not ent~t1e . . . from city for injuries sustaIned In 1 eco\ er h' ployn1ent fall during performance o~ IS en1 b lv- , he had signed a valId reltase a ~o. ~\ ~e~~le city from all liability and ratlf1ed ::lease by ,accepting be~efits thereund;;.¡ Pack v. City of Fort '\Vorth (Sup.1977) S.\V.2d 771. In regard to situation in ,,·hich it v:~s ;\~1-1 quired that retired firemen be pal. d of .~ l' ~alary for full perlo anlount of t le~r.o . , nU1lated after their unused slck lea~ e accu aid b 1 1975 but could only be P Septem er , , . k 1 ave accu- for a nlaximum of 90 days SIC e't acted . to such date. Cl Y 111ulated prIor . k lea Vè .rlY in charging firell1en SlC \ against the last earned but unUS€l 282 . ,~ ~ 1~ }J ~ ~ ~ ~5 f1 ,?~~ ~ ~ ~ ~ "~ ~ D ~ ~ ~- I Dc. .~. ..~i..."';;;·"..e,;.;'~·", Art. 1269rn Note 17 and in practical effect abolish, an autho- rized civil service position by not fining it initially; once a position Is fined. or a re- quest Jnade for person to fill it. his discre- t ion is exhausted and position must contin~ ue to be filled no Jnatter how' unneeded or unnecessary it )nay becolne: prior occu- pancy of or incumbency in, an authorized civil service position is not nlade prerequi- site to invocation of civil service proce- dures. Duckett v. City of Houston (Sup. 1973) 495 S. \V.2d 883., City council has right to abolish positions In ,police departtnent provided it acts in good faith and by duly enacted ordinance. ~'\lichna v. City of Houston (Civ.App.1975) 521 S. 'V.2d 331. appeal after rernand 534 S.'V.2d 728. ref. n: r. e. 'Vhere only lnotive for enactment of city ordinance. \"hich purported to abolish three unfilled police captain positions and 'which stated that such positions were not needed for orderl)" and efficient 'operation of po1ice departJnent, "·3S to bring city's procedures in conlpliance with state SupreJne Court decision, not only ,,·ith respect to positions of police captain but also \vith respect to other cJassiflca tions. ordinance effective1y a bolished such positions. Id. .Action of city in elhninating cÍ\'il service po~ition of fire training officer and in cre- ating and filling noncivU service position <1eEcrihed as "fire training specialist" to take the place of the fire training officer position "'as unauthorized. ,,-here the t,\"o positions "'ere virtual1y identical and "'here there \\"3S no evidence that the city did not have ,\·ithin its fire deparhnent a person capa ble of filling the position of fire train- ing officer, ùespite city's contention that it could not fill the civil service position. City of \Vichita Falls v. Harris (Civ.App~ 1975) 532 S.\V.2d 653. ref. n. r. e. 'Validity of action of city in creating non- civil ser\'ice position of fire training spe- cialist after eIin1inating shnilar civil service position of fire training officer ,vas a ques- tion of Jaw and not of fact, so that even if civil service conl111ission ruling upholding the action of the city ,vas reasonably sup- ported by substantial evidence. trial court was not precluded fron1 declaring the ac- tion of the city void. Id. City, ,vhich in preamble to ordinance re- cited that action ,vas tal<en becau:-:e posi- tions \vere not needed and that their aboli- tion ,,"QuId protnote efficiency, E:conolny and be in the best interests of city, hut which ~hou]d have proved that jobs ""ere unneces- sary anù shown why it woulù be Blore sat- isfactory to the pUblic if they 'were abol- ished. failed to discharge its burden in proving good-faith enactment of ordinance ,\·hích it contenc1eù aholished position of fh'en1an ,vho had been promoted to investi- gator by operation of la\\", and thus could not set that ordinance up as a limitation on his recover}" for its failure to recognize his pronl0tion. KieI v. City of Houston (Civ. App.1977) 558S. 'V.2d 69, ref. n. r. e. City council had right to abolish fire de- partn1ent investigator positions provided it Title 28 CITIES, TOWNS AND VILLAGES I I I 1." -'f~ I~ .'~ ~ ~ ~ ~~ ~- t~,' j" M I,~ ·~II,',.~,.,. .... , , Î I 4 ~' m .~~ sick lea'\"e. particularly in light of fact that it had always been city's practice to charge sick leave in such a nlanner. 'Vard v. City- of San Antonio (Civ.App.1977) 560 S.\V.2d 163, ref. n. r. e. Arson investigator for city fire depart:- n1ent had r4ght to sick and injury benefits only because of provisions of § 26 of thIs article. City of Houston v. Cald,,·eJl (Civ. App.1979) 582 S.\V.2d 494. - Arson investigator for city. fire depart- ment could prosecute suit against city to - determine right to disability pay only if he ,had vested right' .to such pay, and such right 'vas contingent upon his esta hUshing as ¡natter of fact that he had sustained in- jury resulting in disability in line or duty; further, investigator ,vas entitJed to have such fact issues determined by a jury. Id. If suffering from disability caused by In- jury received In line of duty, arson investi- ga.tor for fire departnlent had right to re- ceive full pay. and thus charging pay ¡'e- ceived by investigator against accumulated sick leave ,,"ould have been error. Id. Under § 9 of article G243e. a firelnan. entitled to receh'e a pension a)Jo\vance un- der articIé G243e, shan be entit1ed to re- ceive such aiìo,,'ance froln, the date upon \vhich such firenlan cea8es to carry out his reguJar duties as a firell1an, notwithstand- ing that such firenlan Inay bé on an injury leave of absence ,vith ruB pay pro"ided by a city under § 26 of art icle 12691"n. Op. Atty.Gen., 1965, No. C-460. A fireman entitled to disability pension may not receive refund of conlpulsory pen- sion contributions "rithheld for a period during ,vhich he is paid sick leave. Op. Atty.Gen.1978, No. H-1241. 16. Tenure 'Vhere person. who had civil service pO~l- tion of district fire chief and was in a su- pervisory capacity over fire fighting COJn- pany, ,vas assigned to duties of a drillmas- ter, an assignment which \,·as in an in- structional capacity over fire ðepartJnent personnel and sUB carried title of district fire chief at the san1e salary, there ,,·as no suspension froln or denial of tenure in his classified position of district fire' chief. 'Vorthem v. City of _-\Jnarillo (Civ.App.1973) 493 S. 'V.2d 597, ref. n. r. e. 17. Abolishing position Only the city council of Houston under provisions of state and Fed~ral Constitu- tions, statutes and the charter of the City of Houston, may abolish the position of a classified city civil 8ervlce en1ployee. Cole v. City of Houston (Clv.App.1969) 442 S.W. 2d 445. City council's faiJure to give former city emp]o)'ee notice of its proposed action to abolish vacant position from \vhich forlner elnployee had been \vrongfully discharged did not invalidate ordinance abolishing po- sitIon "'here former "empIO)Tee ,vas elnployed elsewhere at time of council's action. Id. This article is not. subject to construction -that fire chief may in his discretion abate. 283 . .1I"f ", ... ~. " , ' , .' .' .,.. f ,,\',' . 4\;':""~~' c:~~...~..;;.',~.ud.,.b_II,¡¡;~"'þ.;....~~"..a"t."·:'~'." ~,\__")...j.¡,,<~L.N:t.'~_..·:.'1 ....' Art. 1269ra Note 17 did so in good faith and by duly enacted ordinance. Id. Evidence supported ruling of trial court that ordinance abolishing position of bat- talion chief in city fire department ,vas not enacted in good faith, and 'was void, and that city '\vas therefore required to pro- nlote, appoint and certify plaintiff to such position in accord vdth results of civil serv- ice examination. Burkhart v. 1vIoore (Civ. App.1979) 580 S.'V.2d 108. 18. Discharge and suspension Not\vithstanding fact that city employee 'was suspended from his enlploynlent for only 15 days, allegations that he suffered danlage to his reputation and n1ight subse- quently be unable to locate elnployment as result of his suspension and blot that such action produced o'n an other\\'ise creditable employnlent record dictated that due proc- ess clainls under Civil Rights Act (42 U.S. C.A. § 1981 et seq.) ,,·ould not- be dismissed. Crawford v. City of Houston, Texas (D.C. 1974) 386 F.Supp. 187. Four-month suspension of fire fighter frorn duty violated his First and F'our- teenth Alllendment rights of speech and as- socia tion. Castleberry v. Langford (D.C. 1977) 428 F.Supp. 676. Charges that city police detective had in his possession and ,vas attempting to resen property ,vhieh had been stolen, iCproven, vlould be sufficient to justify dislnissal of detective. City of San Antonio v. Poulos (Civ.App.19GG) 403 S. 'V.2d 168, affirlned 422 S. 'V.2d 140. CITIES, TOWNS AND VILLAGES Title 28 The false slaternent n1ade by police de- tecti\·e to his. superior during an informal interview did not constitute violation of city personnel rule forbidding \villfuI rnisrepre- . sentations before any court, grand jury, board, hearing or comn1~ssion. Id. Eyidence supported charge that firenìan's conduct in ,\'rongfully renlOying froll1 fire station envelope containing Bloney belong- ing to l.Iarch of J)hnes \vhile nlenlbers on duty ,vere answering false a1arm ,,'as prej- udicial to good order and thus supported firelnen's and policenlen's ch·n ser"ice comn1ission's order dislllissing firelnan for conduct prejudicial to good order. Garcia v. City of San _·\ntonio (Civ...\.pp. 1968) 427 S. 'V.2d 947, ref. u. 1". e. Evidence, including evidence as to v.~heth- er policelnan had Inade false affidavit to secure solicitation pernlit, supported ch'n service cOlllmission order disrnissfng police- man. Cruz V. City of 'San Antonio (Civ. App.19(9) 440 S.\V.2d 924. City employee ,vho "'as orally exalnined by director of public works, mayor, nlayor's executive assistant and director of civil service and who was sUbsequently certified and retained as employee and received aU benefits accorded to civil service employees cotnplied ,vith an prerequisites for certifi- cation and classification as civil service e~nplo~tee and could not be disharged fron1 clnployment except through procedures ap- plicable for discharge of civil service em- ployees. Cole v. City of Houston (Civ.App. 1969) 442 S.\V.2d 445. City firenlen can be suspended for viola- tion of a special order of the fire chief if the special order is not clearly unreason- able or unrelated to duties of a firernan. Jackson v. Firen1en's and Policel11en's Ch·n Service Conllnission of Galveston (Civ.App. 1971) 466 S. W.2d 412, ref. n. r. e. It \vas within authority of fire chief to suspend fireman for refusal to obey spe- cial order to c0111ply ,,·ith policy prol11ul- gated by chief executive officer of city that aU firemen reside 'within the city limits where the policy bor{\ reasonable re- lationship to lnaintenance of efficient fire fighting force and was not arbitrary or unreasonable. Id. Intent of sec. 16 of this article, governing indefinite su~pensicns of fire and police departnlent ernplo)Tees by chief or depart- Inent head and providing that copy of ,vritten statenlent giving rea.sons for sus- pension be' delivered Uin person" to sus- pel:ded enlployee I'by said departnlent head", is to insure that discharged eln- ployee is infonned of reason for disrnissal as ,yen as his right to appeal, but the ,,'ords "in person" do not require depart- 111ent heads "in person" to deliver letter to the elnployee but only requires then1 to see that it is done. 'Valker V. City of Houston (Civ.App.1971) 4G6 S.'V.2d 607. Under § 16 of this article providing that Civil Ser,·ice Comlnission shall hold hearing within 30 days after it receives notice of appeal fl'Oln indefinite suspension of civil service ernployee, the 30-day period is ju- risdictional: thus, Firemen's and Police- 111en's Civil Service Comlnission \vhich failed to hold Ìll:)a.ring \vithin the 30-day pe- riod did not h~ve jurisdiction to subse- quently hold hearing upon appeal of indefi- nitely suspended city policelnan. Crawford v. City of Houston (Civ.App.1972) 487 S.'V. 2d 179, ref. n. r. e. Indefinitely suspended civil service em- ployee is not required to sho\v himself harmed by Comnlission's delay in not hold- ing hearing on his appeal ,vithin 30-day pe- riod provided by § 16 of this article or to assert in court his right to a hearing with- in 30 days, in order to attack order of sus- pension on ground that he had not provided tÏ1nely hearing by Civil Service COlnmis- slon. Id. If district fire chief, \\'ho asserted that he ,,'as suspended ,vithin purvie\v of this arti- cle, had no established specified relnedy, relnedy of luandanlus was available if he ,vas deprived of and clearly entitled to right of tenure asserted. 'Vortheln Y. City of Arnarillo (Cív.App.1973) 493 S. 'Y.2d 597, ref. n. r. e. Though hearing was held by Civil Seryiee Con1n1ission within 30 days after police of- ficer appealed indefinite suspension, the C0I111nission was without jurisdiction to or- der disnlissal and its \\Titten decision that offieer Ehould be dislnissed ,vas invalid where the decision was not rendered within 30 days after the Con1n1ission received no- 284 Title 28 tice of appeal; (Civ.APP.1974). Sect ion 20 0 fire chief to pJoyee under h for dIscip1ina exceed 15 day so suspended the civil servic the courts, e comn1ission ha order of suspe V. Harris (Ci ref. n. r. e. DiscipJinarv fire chief for· 2 definite suspet nleaning of § 1 the fire chief definitely unde fire fighter su Vw·as entitled tr service COJnJnI suspension ord refusal to gra due process. I Under ~ 16 0 suspension by period of titne nite suspen~io, fighter so sus¡:j the civil selTk~ fron1 the order 4 Under § 20 of J fire chief to 8~ pIoyee under hi~ for diSciPlinary). exceed 15 dars,l 15 "successh"e ~ 15 ",\\rorking da~1 Policeman's t~ by subpoena w~ couJd be suspen~ lice force. Cit~j (Civ.App.1977) ~ COlnpelling tr~ ducive, instead ~ der, and policenl complied with, ~ la tions of, depal City fire dE-pJ suspension of ca sons did not dev interest protectE mente Fox v. , W.2d 885. · Detennination' that dismis~al of city for econOln cause for di~nli being disturbed 1: determination w. Smith V. City (J 552 S. 'V.2d 945. Civil service charging police 0 the ren1aining ch. ter of indefinite correct sufficient this article. and ¡-; .. I' ~:<! f'~ II.~.:......·......'..> , . ¡{ I··.·.'.·.-.···..~··,· 'I: ~4 t..;·.·.·. It .~ ;1 d~ Title 28 N1}IìiI.lLAG ES PIü)"" Cole v. City of Houston (Civ.App. 1969) 442 S. "\\T. 2d 4.45. City firemen can be suspended for viola- tion ~f a special order of the fire chief if the special order is not clearly unreason- able or unre1ated to duties of a firen1an_ Jackson v. Firen1en's and Policen1en's Ch-U Ser\'ice Con1-mjssion of Galveston (Ci\'.App. 1971) 466 S."\V.2d 412, ref. n. r. e. It ,,-as ,vithin n uthority of fire chief to suspend fireman for refusal to obey spe- cial order to cOlnply \\'ith poJicy pron1ul- gated by chief executive officer of city that all firemen reside within the city limits where the policy bort" reasonable re- 1ationship to maintenance of efficient fire fighting force and "'as not arbitrar)' or unr<:asonable. Id. Intent of sec. 16 of this article, governing- indefinite su~pensicns of fire and police departn1ent elnplo~re€s by chief or depart- ll1ent head and providing that copy of ""ritten staten1ent giving reasons for sus- pension be' delivered "in person" to sus- pel:ded en1ployee · 'by said departnlent head". is to insure that discharged ern- ployee is informed of reason for disnlissal as ,vell as his right to appeal, but the ,,'ords "in person" do not require depart- ITIent heads "in person" to de1iver letter to the en1ployee but only requires thenl to 8ee that it is done. "\Valker v. City of Hou~ton (Civ.App.1971) 4G6 S."\V.2d 607. 'Lnder § 16 of this article providing- that Ch'n Ser\"ice Connnission shall hold hearing Wi.t . 30 'days after it receives notice of ap 'on1 indefinite suspension of civil ser\ Inployee, the 30-day period is ju- risdictional; thus, Firenlen's and Police- men's Civil Serviee Comnlission ,vhich failed to hold hearing ,vithin the 30-ðay pe- riod did not have jurisdiction to subse- Quently hold hearing upon appeal of indefi- nitely suspended city policelnan. CraV\'ford v. City of Houston (Civ..<\pp.1972) 487 S."\V. 2d 179, ref. n. r. e. Indefinitely suspended civil service en1- ployee is not required to sho\v hirnself harn1ed by Conlmission's delay in not hold- ing hearing on his appeal ,vithin 30-day pe- riod provided by § 16 of this article or to assert in court his right to a hearing with- in 30 days, in order to attack order of sus- pension on ground that he had not provided tilnely hearing by Civil Service Conllnis- sian. Id. If district fire chief, who asserted that he "'as suspended ,,,ithin purYie\\' of this arti- cle, had no estn blished specified rellledy, relnedv of n1andalnus was available if he was deprived of and clearly entitled to right of tenure asserted. \Vortheln Y. City of Arnarillo (Civ.App.1973) 493 S.'Y.2d 597, ref. n. r. e. ' 'l~hough hearing was held by Ci viI Service COlnn1Ïssion within 30 days after police of- ficer appealed indefinite suspension, the Conunission ,,'as without jurisdiction to or- der dismissal and its \'-Titten decision that offker Ehould be disn1issed ,vas invalid where the decision 'was not rendered \vithin 30 days after the Conunission received no- '4 . ;';{ . ~'¡'¡_"'t..:",..,~, .',.; _-~ Title 28 Art. 1269m Note 21 tailed findings did not void its order of dis- mis~al. Nixon v. City of Houston (Civ. App.1977) 560 S.W.2d 447p ref. n. r. e. There ,vas - no infringement of constitu- tional right of free speech when pollce of- ficer was temporarily suspended from duty for placing a cartoon on po1ice department bulletin board ~"hich could be Interpreted as holding assistant chief up to ridicule in the eyes of police officers over 'whom he had responsibility to n1aintain disciplinep where cartoon 'was intended as a joke and not a serious contribution to public discus- sion on matter of general interest. \ Atta- . way v. City of Mesquite (Clv.App.1978) 563 S. W.2d 343. Substantial evidence, including that fire- n1an had been insubordinate to higher offi- cers, had been discourteous to fellow offi- cers and employees, conducted himself in . 111anner unbecoming firemen, neglected his duty, refused to obey ordersp refused to fol- lo\v departnlental poJIcy, and had been ab- sent without leave. supported decision of civil service commission indefinitely sus- pending firelnan. \Varner v. City of Luf- kin, (Civ.App.lS79) 582 S. W.2d 165, ref. n. r. CITIES, TOWNS AND VILLAGES tice of appeal. 'rodd v. City of Houston (Civ.App.1974) 508 S.W.2d 140, ref. n. r. e. - Section 20 of this al'Ucle. authorizing the fire chief to suspend any officer or en1- p10yee under his jurisdiction or supervisfon for discip1inary purposes for periods not to exceed 15 days does not give a fire fighter so suspended the right to a heàring before the civil service commission or an appeal in the courts, even though the civil service comn1ission had the power to set aside the order of suspension. City of \Vichita Falls v. Harris (Clv.App.1975) 532 S. W.2d 653, ref. n. r. e. Disciplinary suspensIon of fire fighter by fire chief for-23 calendar days was an "in- definite suspension" within the terms and meaning of § 16 of this articlep authorizing the fire chief to suspend a fire fighter in- definitely under certain conditions, so that fire fighter suspended for 23 calendar days was entitled to a hearing before the civil ~€r\'ice conllnission and an appeal of the suspension ,order to the district court, and refusal to grant hearing was a denial of due process. Id. Under § 16 of fhis article, a disciplinary suspension by the fire chief for a greater period of fime than 15 days Is an "indefi- nite suspension," which entitles a fire fighter so suspended to a hearing before the civil service con1nlission and an appeal fronl the order of suspension. Id. 'Under § 20 of this article, authorizing the fire chief to suspend any officer or eln- ployee under his jurisdiction or supervision for discipJinary purposes for periods not to exceed 15 days, the term 15 · 'da)'s" 111eanS 15 "successiye calendar days." rather than 15 "''''orking days"· Id. Policen1an's truthful testimony compelled by subpoena ,,-as not conduct for which he could be suspended and di~missed from po- lice force. City of Anlarillo v. Bythe"ray (Civ.App.1977) 547 S. W .2d 674, ref. n. r. e. CompeHing, truthful- testinlony '\\'as con- ducive, instead of prejudicial, to good or- der, and policeman's giving such testimony con1p1ied with, rather than constituted vio- lations ofp departmental rules. Id. City fire department chief's three-day suspension of captain for disciplinary rea- sons did not deprive captain of a property interest protected by Fourteenth Amend- ment. Fox v. Carr (Cí\".App.1977) 552 S. lV.2d 885. Determination of civil service commission that dismissal of probationary elnployees of city for econolnic reasons ,vas sufficient cause for dismissals was ,not subject to being disturbed in absence of evidence that determination' 'was arbitrary or capricious. Smith v. City of Houston (Civ.App.1977) 552 S. \V.2d 945. Civil service comlnission's order dis- charging police officer stating that each of the remaining charges contained in the let- ter of indefinite suspension was true and correct sufficiently complied ,,·ith § 16 of this article. and the failure to set out de- e. 19. Grounds for suspension or removal \Vhere order of suspension of fireman signed by the fire chief alIeged that the firernan violated a civil service rule by en- gaging in "conduct unbecoming to a gen- tlenlen and/or prejudicial to good order" and "'here, following this general state- ment, the order stated the hour. date and the specifi~ acts maåe the basis of the sus- pension, the stated grounds for suspension were not unconstitutional1y vague. City of 'Vichita Fans v. Harris (Civ.App.1975) 532 S.'V.2d 653, ref. n. T. e. 20.5 Due process, -Suspended police captain ~ras not denied due process of law during civil service comlnission hearing and trial de novo be- cause he was not alJo\ved to cl:oss-examine a radio news broadcaster ,vhose broadcasts about poJice captain's allegedlnisconduct initiated investigation ordered by acting chief of, police, ,vhere misconduct of police captain ,,"as estab1íshed by the Independent testimony of, witness and at trial de no,"o cOlumissioner testified that the ne'ws broadcasts ''''ere not considered by commis- sion in making its decision of suspension. Nixon v. City of Houston (Civ.APP.1977) 560 S.\V.2d 447, ref. n. r. e. 21. Amending charges The a.mendment of an original statement or charge by chief of city fire or poHce de- partn1ent who suspends an officer indefi- nite1y is iJnpermissibJe. Firemen's and Po!icen1en's Civil Service Comlnission of City of Port Arthur v. Hamman (Sup.1966) 404 S. \V.2d 308. Under this article relating to civil servIce hearing "Tith respect to suspended fire or police department officer and limiting charge to acts ,\'hich occurred within six lnonths immediately preceding date of sus- pension does not prohibit more than one 285 Title 28, t\.rt. 1269In Note 21 charge in any six-month period, and a statement or charge bas:ed on acts and inci- dents unrelated to and different fronl those supporting the pending charge is not an anlcndlnent of existing charge and is not barred by this article. Id. Ti tIe 28 ClrrIES, rrO\VNS AND VILLAGES 1'\ either an inve.sti managez' iJ '"ouId res board to charges uf cers; t.hus reInedy to purely 1nin' Fire fig ,vas entitJ participate C civil ~€'rvic ty of rea..;;o ,vrit of n1 con1n1 issio opportunit} of Housto Before e ment woult of nlandan1 cOIllruission his charge ployment, h clear right clear duty An1ari110 Ci toe (Civ.Ap District c tain suit fo fire chief b after ha\"in as fh'e fight det~rn1ined contiÙue hi App.J978) 5~ ~ 26. Review.) AbstentiOli~ Rights Act crirne Jabol that the ste ratin~s \\,.asl gave In ~tat fects of ma~ denied proce in1position ot Jating direct Jabs to perfd where plaint regards injur, sion bv fa "o~ state ~roceed l'ernedies coni sion ,\·ould p: first opponut tions of stat~ anù regulatiq service depat1 ford v. Short' AJ though JE lice to direc director of dl marked ftJed., ceived, chief director to hO \vas no provi fee to be paid chief of pol: would be reg Commission c (Civ.App.19G5; nlission. six days after hearing on dismis- sal of po1icenlan \vas closed, without no- tice to policen1an constituted violation of policelnan's right to procedural due pro- cess, notwithstanding fact that policeInan ,vas entitled to trial d/3 novo on appeal from conl1nission order, since trial de novo provision of this article (§ 18) is limited and party attacking order is under burden to establish that order was not supported by substantial evidence. Richardson v. City of Pasadena (Sup.1974) 513 S.Vv.2d 1. appeal after renland 523 S~'V.2d 506. ref. n. r. e. Vnder Dallas city charter section provid- ing that three or more citizens shall have right to prefer \vritten charges of miscon- duct before civil service board against any officer or enlployee in classified civil serv- ice and. if board is of opinion that charges are Meritorious, board shaH file charges v. City of Dallas (Civ.App.1975) 532 S.W.2d against officer or. employee ,vith triat . board, civil service board, has duty to re- ceive \vritten charges and to exercise dis- cretion \vhich it has under charter. Graves 106, ref. n. r. e. 22. Reinstatement and back pay Judglnent for city, \vhich "'as one of sev- eral defendants in suspended po1iceman's action for reinstaten1ent, "ras not final and appeû.Iable where rights of other parties were not disposed of and there ,,,as no or- der ,of severance. Plaster' v. Texas City (Ci\".App.1964) 380 S.'V.2d 131. Where n1andate of Supre1ne Court, in po- liceman's action seeking to set aside city civil service con1mission dismissal order, stated, int.er alia, that Ie. .. judgments of the courts below are reversed and the order of the COll1n1ission is set aside." and where the Supren1e Court discussing the constitu- tionality of § 18 of this article in Fire De- partrnent of City v. City of Fort 'Yorth, 217 S.W.2d C64, stated that "Reinstaternent of the employee necessarily ensues from va- cating the order dismissing or suspending hhn.". policeman ,\·as restored to his posi- tion and 'was entitled to back pay upon Su- preme Court's vacation of civil service comll1ission's order of dismissal. City of Pasadena Y. Richardsor.. (Civ.App.1975) 523 s. \V. 2d 506, ref. n. r. e. 25. Mandamus and other judicial proceed. ings and control Taxpayer's action for declaratory judg- nlent to determine legality of appointlnellt of director of police against city on hasis of il1ega1 expenditure of public funds in that appointee ,,-as allegedly unqualified for of- fice had to be, brought as a proceeding in quo \varranto to which state \vas party. Han11nan v. Hayes (Civ.App.1965) 391 S.'V. 2d 73, error refused. Trial court did not have jurisdiction to entertain petition by police officer seeking \vrit of mandamus to cOlnpel his promotion to sergeant after fireInen's and policemen's civil service conlmission promoted another following determination that police chief presented valid reasons for not promoting petitioner, ,vho was nUlnber one on list fol- lowing promotional exan1ination. City of Garland v. Dittrich (Civ.App.1974) 517 S. 'V.2d 839. Trial court had jurisdiction to issue writ of n1andanlus directing reinstatelnent of policeman to police force '''lith back pay for period of his suspension, despite contention of, inter alia, city and its civil service conl- Inission that this article vests in the C01n- rnission exclusive responsibility of adlninis- tering personnel problenl~ of police depart- ment, and that for court "to direct conlmis- sion to reinstate an el'nployee by means of n1andamus \\"ould interfere ·with its statuto- ry authority. City of Pasadena v. Richard- son (Civ.App.1975) 523 S.W.2d 506.. ref. n. f. e. 23. Resignation l\layor's action in dating and signing pay- roll, change forln ,vhich, sc\"cred policeman from payroll, \vhich procedure was custon1- ary rnethod of acceptance of resignation, was tantan10unt to accepting resignation. Crouch v. Civil Service COlnlnission of Tex- as City (Civ.App.1970) 459 S.'V.2d 491. re(. n.r.e. Evidence sustained finding that police- n1an's resignation \vas voluntary and not the result of duress. ld, Resignation fron1 pUblic office which is r€sult of duress Inay be \"ithdrawn or avoided. Id. Where policema.~ had tendered resigna- tion ,\'hich \vas accepted by action of may- or, who followed usual procedure for ac- cepting resignation hod did not know of po- 1icernan's desire to ',vithdraw resignation, action of civil service cornmission a fter res- ignation ,vas accepted was ,vithout legal ef- fect. Id. Not ever)' act of Fort 'V orth Ci\'i1 Service Commission is subject to judicial review. Firernen's and Po1icelnen·s Ci\'il Service Comrnission of City of Fort \\:"orth v. Blan- chard ,(Sup.1979) 582 S.\V.2d 778. 24. Procedure by and before commission Procedure of city policemen's and fire- tHen's civil service cOlnnlission of sustain- ing in general tenns all charges contained in police chief's letter indefinitely suspend- ing policen1an was not error. \Valker v. City of Houston (Civ.App.1971) 466 S.\V.2d 607. Ex parte receipt. reading, and use of three affidavits by city civil service com- In appropriate cases. mandan1us may lie to compel action by adminis~rative boards, including civi! service commissions. but that remedy is not available where there is any other adequate remedy. Graves v. City of Da)las (Civ.App.1975) 532 S.W.2d 106, ref. n. r. e. 286 . S Title 28 . '':~: after hearing on dismis- SIon, 1 d without no- f po1ic€!nan ,vas c ose, . . f °to policelnan constituted vIolatIon 0 . ,. ht to procedural due pro- lcenlan s ng Uceluan not,vithstanding fact that po 1 S, t.tIed to trial de novo on appea s en 1 mission order, since trial d~ novo' O~i~~r;: of this. artic~ (~ l~~d~sr ~:I~:~ d party attackIng or er IS orted establish that order V\oas not supp substantial evidence. Richards;n v. d (SUP 1974) 513 s.\\ .2d I, ty of Pasa ena . V 2d 506 ref peal after remand 523 S~ \ . .. r. e. .d Under Dallas city charter section pr~v\.~ that three' or more citizens shall. a g} t to prefer 'written charges of mlscon- g 1 . b d against any uct before civil servIce oar ., . fficer or enlployee in c1assified CIVIl ser'·- d if board is of opinion that charges e an " d hall file charges re nleritorious, boar s S 'V 2d City of Dallas (Civ.APP.1975) 53~ . .. 1 .. ff' or employee ,,·Ith trIa galnst 0 lcer d t to re- d . '1 service board has U Y oar · CIVl "" d to exercise dis- -eive \vritten charges an G yes retion ,vhich it ha.s under charter. ra 106, ref. n. r. e. .. and other jud ¡cial proceed. 2::>. Mandamus ings and control , action for declaratory judg- Taxpayer s . , f ppointment nlent to detern1ine legality 0 ~ 1 1·.. 1·' , a'nst citY on las 5 of director of po Ice ag I " fu~ds in that of illegal expenditure of publIc ., f f- \1 dl'" unquahfIed or 0 appointee \vas a ege J d"n " to be brought as a procee lfig I flce. t 'to \vhich state \vas party. quo an Ho ayes (Civ.APP.1965) 391 S.'V. Han. v. 2d 73, error refused. , .' t did not haye jurisdiction to fna1 cour f· eking . tition by police of lcer se entertaIn pe 1 his promotion ,vrit of mandaInus .to con~peand po1icernen's to sergeant after fI:e}~en s Inoted another civil service commIssIon pro . h· f . ton that pollce c IC following deterffilna 1 otin~ presented valid reasons for not P~~~:t fol- petitioner, \vho ,vas number o~e 0 C'ty of t· 1 exanlinatIon. 1 lowing pron1o'lona. 4) 517 S. Garland'v. Dittrich (Clv.APP.197 "\V.2d 839. . i d' t' n to issue wnt 'l"rial court had jur s IC 10. lent of of tnandanlus directing relnstaten f -)r 1" f ce ,vith bacl< pay l po1icerllan to po Ice ~r 't contention period of his suspensIon, despl e ·ce COl11- f inter alia city and its civil serVl o , ' . 1 ts in the con1- n1ission that this n.rtlC e ~'~s. f adtninls- nlission exclusive resp~nslbllItYo~ce depart- tering perso~n~l problen~St o fdfrect cOlnl11is- ment, and. that for cour loo'ee by n1eans ()( sion to reInstate ~n emp )with its statuto- InandalTIUS 'would Interfere Richard- . City of Pasadena v. ry authority. \v 2d 506 ref. son (Civ.APP.1975) 523 s.. · n. r. e. 1dan1tlS InaY th.- In appropriate cases, n~a~ rative boarJ~. to compe1 action by ~dnllnlst;. 'ssion~, \Jut including civil serVice conln~~ere there b that remedy is not available ~ Graves ,". any other adequate remedy. 53" S ,\' .~l\ City of Dallas (Civ.APP.1975) ... . 106, ref. n. r. e. 286. \ i ¡ ,~ î ! ~ ; ~ :~ ~ ¡t£ ; 1 I,~,,"',., Ii j: ,~ .' ~ ~... I: }1!:' l\.rt. 1269m Note 26 Suspended city poJice officer ,vas not de- nied procedural due process of Ia\v in hear- ing before cÏ\~il ser\"ice comrni.ssion because one of the three mernbersof the cOlnmis- sion had participated in the investigation of acts supporting the cOlnmission's sus- pension order. Firemen's and Policemen's Civil Service Conlmission of City of Port Arthur v. IIamman (Sup.1966) 404 S.W.2d 308. Section 18 of this article providing that firernan or policeman dissatisfied with de- cision of CiviJ Service Commission may file petition in district court asking that his order of suspension, dismi~sal or de- 111otion be, set aside, does not authorize appeal frotTI failure to promote. Cash v. City' of Houston (Civ.App.1968) 426 S.'V.2d 624, ref. n. r. e. Firenlan does not have inherent right of appeal from adll1inistrative action refus- ing pr01notion. Id. Record on appeal from order' of city firenlen's and po1icemen's·' civil service comll1ission permanently discharging fire- man frorn city fire departn1ent based on charge that he wrongfully renloved from station enveiope containing nloney belong- ing to 1\1arch of Dime's 'was not tainted ,vith such illegality as to òeprive firelnan of due process. Garcia v. City of San An- tonio (Civ.App.19G8) 427 S.W.2d 947, ref. n. r. e. District court in hoJding trial de novo on appeal from order of city civil service cOlnnlission is not lirnited to revie,v of evi- dence actual1y before agency, and parties nlay introduce additional evidence sInce issue in district court is whether at tinle of questioned order there exIsted sufficient facts to justify such order. Richardson v. City of Pasadena (Sup.1974) 513 S.W.2d 1, appeal after remand 52~ S. 'V.2d 506. r~f. n. r. e. Ti tIe 28 CITIES, TO'Vr~S AND VILLAGES Neither prosecution of police officers nor an investigation by city council anù city lnanager into conduct of po)iee ùepa rtnlent would result in cOlnpelIing civil service board to accept and process \,"ritten charges of misconduct against police offi- cers; thus V\'rit of lnanùarnus ,vas proper relnedy to require board to p.erforn1 that purely Ininisterial duty. Id. Fire fighter passed over for pr01notion ,vas entitled to notice and opportunity to participate in firelnen's and policemen's civil service cOlnmission's revie\V' of validi- ty of reasons for not promoting him: and ,,'rit of mandanlus \vould issue to compel comnlission to give him such notice and opportunity to participate. Pruitt v. City of Houston (Civ.App.1977) 548 S.\V.2d 90. Before employee of city police depart- ment 'would be entitled to issuance of 'writ of nlandamus to conlpel city civil service conlnlission to issue final order concerning his charge of al1eged discrimination in el11- ployment. he "'ould be required to establish clear right to such relief and to establish clear duty on part of cOlumission to act. Amarillo Ciyil Service Conlmission v'. Vita- toe (Civ.App.1977) 556 S. 'V.2d 648. District court had jurisdiction to enter- tain suit .for mandamus filed against local fire chief by firmnan seeking reinstatetnent after having been ren10ved fronl his position as fire fighter by fire chief, ,yho apparently determined that fireman 'was unable to continue his duties. 1fusick v. Black (Civ. App.1978) 567 S. 'V.2d 264, ref. n. r. e. 26. Review \ by court Abstention was appropriate in Civil Rights Act suit brought by city police crinle laboratory ernployee. 'who alleged that the steady decline in his perforn1ance ra tings ,..'as result of testhnony ,vh1ch he ga ve in state crirninal trial concerning ef- fects of Inarijuana and that he had been denied procedural due process as regards in1position of tell1pOrary suspension for yio- lating directive concerning use of police labs to perforrn outside chen1ical analysis, \vhere plaintiff could be made "whole" as regards injuries from the indefinite suspen- sion by favorable jUdicial revie"r in pending state proceeding and. pursuit of appropriate relnedies concerning the temporary suspen- sion \vould provide the state courts ,,~ith a first opportunity to decide significant ques- tions of state la\v regarding administration and regulation of state fire and police civil 'servlce departnlents and personnel. Cra\v- ford v. Short (D.C.1975) 387 F.Supp. 282. Although Jetter delivered by chief of po- lice to dh'ector of civil service notifying director of disn1issal of policeman "ras not marked filed, where it was stamped as re- ceived, chief of police did not instruct director to hold or suspend filing, and there was no provision in Civil Service Act for fee to be paid or other thing to be done by chief of police before filing, statement would be regarded as filed. _ CiviJ Service Commission of City of Lufkin v. Crager (Civ.App.1965) 384 S.W.2d 381, ref. n. r. e. Not aU actions of the city civil ser\'ice con11nission are subject to judicial review. Firenlen's and Policelnen's Civil Service Corfilnission of City of Fort 'Vorth v. Ken- nedy (Sup.1974) 514 S.'V.2d 231. Although eligibility Jists fixed by city civil sei'vice commission examination ex- pired during pendency of Jitigation, action brought to prevent C01TIlnissiQn from post- ing ne\v scores based on regrading - of ex- amination 'was not moot where there was a vacancy in a police office while list was in effect and examination was given for purpose of filing such vacancy. Id. There is no statutory authority for an appeal from an order of the Civil Service COlulnissfon sustaIning the action of a de- partnlent head in refusing to promote an employee 'who has the highest grade on the eligibility list, nor is there any inherent right to judicial revie\v of such orùer unless it is sho\vn that the Commission's action violates some constitutional principle. Heard v. City of I-Iouston '(Civ.App.1975) 529 S. Vv.2d 560. On relnand for Umited determination of relief. sought by police officers :s(~kfng to be retroactively promoted to position of 287 . . Art. 1269111 Note 26 police captain and to be paid increased sal- ary they 'would have earned had they been promoted, to period ending on July 31, 1973, trial court was nòt, authorized to con- sider events occurring or benefits which might have accrued beyond that date and thus did not err in failing to place offi- cers on force reinstaternent list as oC that date and to order that they be appointed to next three positions occurring. Michna v. City of Houston (Civ.App.1976) 534 S.'V. 2d 728. On remand for limited purpose of making further determination of rellef to be grant- ed police officers for additional salaries and other emoluments of office of captain to which they would have been entitled had they been promoted to such position upon expiration of 90 days folJowing dates their respective vacancies occurred and un- til date such positions were abolished by ordinance, reinstatement claim of police officers, ,vhose petition on first trial on merits contained prayer for general relief, but \.vho did not preserve any point of error on reinstatement r.ights provided by § 21 of this article on prior appeal, was barred by principle of res judicata. Id. \Toluntary action of civil service commis- sion in holding hearing relating to city fire department chief's three-day suspension of captain for disciplinary reasons did not give captain a right of appeal to district court. Fox v. Carr (Civ.App.1977) 552 S. W.2d 885. In absence of statutory authority, there is no inherent right to appeal an order of civil service commission to district court, unless order affects vested property rights or otherwise violates some constitutional provision. Sn1ith v. City of Houston (Civ. App.1977) 552 S.'V.2d 945. Assuming compliance with basic consti- . tutional guarantees, no right of appeal from action of administrative body or civil service department exists unless provided by statute. Firemen's and Policemen's Civil Service Comn1ission of City of Fort 'Vorth v. Blanchard (Sup.1979) 582 S.'\7 .2d 778. CITIES, TOWNS AND VILLAGES Title 28 27. - Trial de 'novo Although this article respecting judicial review of civil service commission decision provides for a trial de novo, this means a trial to detern1ine only the issue of ,vhether agency's ruling Is free of taint of any il- legality and is reasonably supported by sub- stantial evidence. Firemen's and Po1fce- ¡nen's Civil Service COlnmission of City of Port Arthur v. Hamrnan (Sup.1966) 404 S. W.2d 308. Section 18 of this article providing for ap- peal to district court from decision of fire- men's and policemen's civil service commis- sion does not require a de novo t.rial in the full sense, but rather a trial under the sub- stantial evidence rule. Cruz v. City of San Antonio (Civ.App.1968) 424 S.'V.2d 45, ap- peal after remand 440 S. W.2d 924. Under sec. 18 of this article, providing for trial de novo under circumstantial evidence rule fron1 dismissal order of the firemen's and poiicemen's civil service con1misslon, record must be made in trial court. Bryant v. City of San AntonIo (Civ.App.1971) 464 S. W.2d 888. Provision of § 17 of this article requiring that record be kept of city civil service commission proceedings did not require that commission record be used at trial de novo after suspension of fireman. Warner v. City of Lufkin (Civ.App.1979) 582 S.W.2ã 165, ref. n. r. e. 28. - Issues on appeal and matters re: viewable Court hearing appeal by city civil service commission from decision overruHng their dismissal of police detective for violation of city personnel rules had no authority to amend rule or to construe the unambiguous language of the same, regardless of their desirabi1ity of such rule. City of San An- tonio v. Poulos (Civ.App.1966) 403 S.W.2d 168, affirmed 422 S. W.2d 140. Courts had no po\ver to review order of city civil service commission 011 alleged ground that its action in removing two questions from merIt examination was arbitrary and capricious. Firemen's and Policemen's Civil Service Commission of City of Fort 'Vorth v. Kennedy (Sup.1974) 514 S. 'V.2d 237. . Firemen's and policemen's civil service cOlnmission's order sustaining promotional bypass 'was not revIewable by appeal ab- sent violation of constitutional provision. Pruitt v. City of Houston (Civ.App.1977) 548 S. 'V.2d 90. Because fire fighter had no vested prop- erty right in position to which he sought' prolnotion and no statutory right to appeal _ froln decision of firemen's and policemen's civil service comnlIssion upholding promo- tional bypass, he had no right to appeal from that decision. Id. Even though order jssued by city civi1 seryice cOlnlnission di8posing of police de- partment employee's charge of employment dis~rimination contained surplusage para- graph requesting employee to take physical examination, such order was final order and subject to appeal where it left nothing open for a dispositk>n with respect to charges brought by employee and where no right ,vas contingent upon \vhether or not e)nployee responded to cOll1mission's re- quest that he take physical examination, and employee had no right to relief by '\vay of mandamus compelling commission to is- sue final order allegedly concerning his em- ployment status on theory that such order was prerequIsite to appeal. Amarillo Civil Service Con1mission v. Vitatoe (Civ.App. 1977) 556 S. W.2d 648. Propriety of a particular disciplinary lneasure to maintain discipline and good order and suitability of officer under inves- tigation to continue to exercise supervisory functions are important matters of internal administration with which courts should not interfere in absence of a clear sho\\ring of abuse of authority. City of Carrollton v. 288 , .1 Court of had jurisd recover a duty in hi even thoug visions on er Penal ferred; se affected m job classifi nlen ts and ries for ,eae ton v. Russ ref. n. r. e. District c had jurisdi ci ty to ree dfspatcher'!j' under pro\'i cle 1583-1, 1269p, § 6), men and whose duti could work Ci ty of Gat 508 S. \V.2d 8 Trial cou issue Injun provision fo decision of }JoJiceman's not give hf'1 ticular ¡Jlac¡:, "ras no cant cedural due I icemen' s Ci of Fort 'Yorj S.'V.2d 237'1 \Vhere the judicial revie action in app' use of 'efficie~ '. promotional ~ I j I j j i . LLAGES Title 28 disn1issa1 order of the flr~men's . i.n service commission.' icemen S c v 'B nt t be made in trial court. rya :t San Antonio (Civ.APP.1971) 464 888 . ' . . f § 17 of this article requlri~g Ion 0 k to! city civil servIce cord be ep ire sion proceedings did not :~q~ de mmission record be' used at ~ a er ter suspension of fireman. arn. of Lufkin (Civ.APP.1979) 582 s.W.2a . n. r .e. Issues on appeal and matters re· viewable t hearing appeal by city civ~l service .ssion from decisionoverruhn?, th~ir sal of police detective' for vlo~atlon el rules had no authorltY to personn b· s rule or to construe the unam 19UO~ of the same, regardless of theIr age , C·t f San An- bility of such rule. 1 y 0 TV 2d v Pou1os (Civ.APP.1966) 403 S.' . rfirmed 422 S.'V.2d 140. . f t had no power to revlew order 0 Ir s . n alleged civil service commission 0 . nd that its action in remov.1ng tw~ t'ons fron'l merit examinatlon wa 1 " nd capricious. Firelnen's and rar:y ~ Civil Service Con1mission of ~7~o~t 'Vorth v. KennedY (Sup.1974) · \V..37., . 01 ~rvice -. nd policen1en's CIVI se re~TI order sustaining pr01Tlotiona1 n11SS eal ab.. ass \vas not reviewable by app. violation of constitutional pro~islon. itt v. City of Houston (Civ.APP.1977) S.'V.2d 90. ecause fire fighter had n~ 'vested prop.. '. y right in position to \Vhl.ch he sought motion and no statutory rIght t? appe~l n1 decision of firemen's and ~ohcelnen ~ il ~ervice commission upholding promo 1 na; bypass, he had no right to ap11ea m that decision. Id. . 1 Even though order issued by cit~ CIVl di . g of pollce de- rvice comn1ission sposln t tment employee's charge of employmen ;criminatiOn contained surplusage para.. aph requesting enlp)Oyee to tak.e Physl~al amination. such order wa.s flnal or. er nd subject to appeal where It left nothIng for a dispositiQn \vith respect to pen 1 r nd where no harges brought by emp o~ ee a ight \vas contingent upon ,,-he:h:r ~r no: .1TIployee responded to c01nmlssl0~ s re nest that he take physical e?,~mlnati?n, d employee had no right to relIef by Vi?-y ~ mandamus compelling comn1issiOn to IS- sue final order allegedlY conc~rning his em", ~lOyment status .on theory that such o~~e~l was prerequisite to appeal.' Amarillo lVI Service Con1mission v. vitatoe (Civ.APP. 1917) 556 S.'V.2d 648. Propriety of a., particular disciplinary to maintain discipline and good measure d inves" der and suitability of officer un er ~~gation to continue to exercise superviSOl'~ 1'U.8 are important matters of interna ad ration with which courts Sh~~ld not rfere in absence of a clear sho'\\ lUg of abuse of authorit)~. Cit}" of Carroll ton v. ., .... ..,Wt)I¡"'1' ' Title 28 CITIES, TO'VNS AND ,rII.I~AGES Art. 1269m Note 28.5 Keeling (Civ.App.1977) 560 S. \V.2d 488, ref. 11. r. e. Decree ordering reinstatelnent of civil service elnployees and a warding back pay 'was not final for purposes of appeal ,,·hel'e degree to \\'hich back pay award 'would be luitigated by eUlp1oyees' actual earning~.i after discharge relnained to he re~olved. ~Ioncrief v. Tate (Civ.App.1978) 561 S.\Y.2d 941. In revie\\'ing decision of city civil service cornmission, the standard to be app1ied is \vhether reasonable persons Inight, froln the evidence, reach the conclusion ,,,hich the agency reached. City of Lubbock v. Estrello (Civ.App.1979) 581 S.W.2d 288. In revie,ving decision of city civil service conunission, court is concerned with the r~asonableness of the agency's action, not wIth its "rightness." Id. Trial court 'was not authorized to consid.. E:r appeal from disciplinary suspensions of police officers ,vhere san1e did not exceed 15 days' duration. Firelnen's and Police.. Dlen's Civil Service Comrnission of City of I~"'ort "\Vorth v. Blanchard (Sup.1979) 582 S. 'V.2d 778. 28,2 - Jurisdiction Court of Civil Appeals and district court had jurisdiction of suit by city firemen to recover additional ""ages for telnporary duty in higher paying job classifications, even though one of the t\vù statutory pro- visions on ,vhich suit ,vas based was forln- er Penal Code article 1583-2, § 3 (trans- ferred; see, now, art. 1269q, § 3), requiring affected municipal governn1ents to set up job classifications in police and fire depart- mentsand to pròvide for duties and ~ala- ries for each classification. City of Gal\'es- ton v. Russo (Civ.App.1974) 508 S.W.2d 882. ref. n. r. e. District court and Court of Civil Appeals had jurisdiction of suit by firelnen against city to recover overtime pay for \york in dispatcher's office e,"en though clain1 arose under proyision of fonner Penal Code arti- cle 1583-1, § 6 (transferred; see, no\v, art. 1269p, § 6). governing number of hours fire- men and nlembers of fire department whose duties do not include fighting fires could ""ork during anyone calendar \\'eek. City of Galveston v. Russo (Ci\".App.1974) 508 S. \V.2d 886, ref. n. r. e. Trial court did not have jurisdiction to issue injunction in absence of statutory provision for appeal to courts from grading decision of civil service ·comlnission where policeman's initial grade in ~tanding did not give him a. vested right to any par- ticular place on eligibility list and there was no contention that he ,vas denied pro- cedural due process. ~'irelnen's and Po- licemen's Civil Service Conlmission of City. of Fort '''orth v. Kenned~" (Sup.1974) 514 S. \V.2d 237. \Vhere there ,vas no statutory right of judicial revie,v of civil service comn1ission·s action in applying regulation providing for use of 'efficiency reports in breaking ties on '. promotional examinations for firemen and where appJica tion of n~g-ulation did not vio- late any constitutiona.l provision so that there \,. as no inherent right to judicial re- vie\v, court did not have jurisdiction over suit to have regulation dec1ared invalid. Lee ". Firenlen's and Policemen's Civil Service COlnmission of San Antonio (Clv. .App.1975) 526 S. \V.2d 553, ref. n. r. e. Hestriction of Const. Art. 3, § 56, on leg- islature's regulation of affairs of city had no bearing on district court's jurisdiction. to hear action to enjoin city.fron1 imple- Inenting ,ordinance dealing ,vith organiza- tion of city fire departlnent, since the va- lidity of ordinance "~as a question of law for the court. City of Houston v. Reyes (Civ.App.1975) 527 S.\V.2d 489, ref. n. r. e. 'Vhere action of chief of police in bypass.. ing prolnotion of police officer "'as not based solely upon the refusal of the officer to submit to a polygraph examination and there 'was no constitutional basis for revie,v of order of Ciyil Service Commission sus- taining the pronlotional bypass, trial court \vas \vithout jurisdiction to review the COlulnission's order. Heard Y. City of I-Iouston (Civ.App.1975) 529 S.'\V.2d 560. District court did not have jurisdiction to ehtertain civil service examinee's appeal frorn order of city civil service conlmission, entered in response to exan1inee's appeal of his exarnination grade, that exalTlination paper should be regraded, corrected and ne\v eligibility list posted. Firemen's and Po1icelnen's Civil Service COlnlnission of City of Ft. 'Vorth Y. Willialns, (Sup.1976), 531 S.\V.2d 327. If this article does not provide for an ap- peal ironl an order of the comlnission, then the adrninistrative action of the commis- sion is final and the courts have no juris- diction to hear an appeal unless the admin- istra tiye action complained of violates a constitutional provision. City of \Vichita Falls v. Harris' (Civ.App.1975) 532 S.\V.2d 653, ref. n. r. e. District court's exercise of jurisdiction over appeal from city fire department chief's hnposition of three-day suspension of captain for disciplinary reasons though court\,,"as without jurisdiction over subject matter of the controversy ,vas fundamental error; thus, contention that court had no jurisdiction v.as subject to review by Court of Civil Appeals though the contention was asserted for the first time on appeal to such Court. Fox ". Carr (Civ.App.1977) 552 S.\V.2d 885. 28,5 - Pleadings City's allegation regarding dismissal pro- ceedings before firemen's and policernen's civil servicp, comtnissï'on, when considered \vith dislnissed police officer·s petition, was sufficient to support admission of evidence of acts cOlnnlitted by the officer in vIolation of civil service and police department rules in action by the officer seeking to have the conl1nlssion's disnlissal order set aside not- withstanding that the city·s pleadings did not allege cOlnplained of acts in same par- ticularity as requ~red for written statement .289 · Art. 1269ß1 Note 28.5 filed ,vith the comn1ission. Bryant v. City of San Antonio (Civ.App.1971) 464 S.'V.2d 888. 'Yhere suspended fire fighter pleaded that disciplinary suspension \\-'as invalid anù 'was in violation "of the Jaw" and should be set aside and held for naught and where no special exceptions were filed by city, pleadings provided city ,vith fair no- tice of fire fighter's claim t"hat suspension \\·us unconstitutional. the pleadings com- plied ,vith :Vernon's Ann.Rules Civ.Proc.. rule 45 and. in any event. the constitutional l~sues \yere tried by consent since no spe- cial exceptions were filed. Cit}· of 'Vichita Fans v. Harris {Civ.App.1975) 532 S.'V.2d 653. ref. n. r. e. ' In contrast to presumptions in other situ- ations, ,,,hen governmental entity seeks to aboJish positions held by its employees, it has burden of estabJishing that it acted In good faith, and thus city "'as required to plead and prove its good faith in aholishing investigator positions in fire department. Riel v. City of Houston (Civ.App.1977) 558 S. 'V.2d 69. ref. n. r. e. l~ f1 t{Ti t1 ~ CITIES, TO\VNS AND VILLAGES Title 28 of showing, that disability was caused by Injuries received while in the Hne of duty. City of Houston v. Caldwell (Civ.App.1979) 582 S.'V.2d 494. Tra men's sion ~umn1; COurt _, der dif Dis' city r- ice cd firenla' not er not fo Garcia,) 1968) .. Adm! ha ve d licemen of sign! served . where ( maintaJ couJd n machin as the serVer- . officer. (Civ.Ap ..Admis to ha "e licernen' of testim had subs conduct nlission versal wI stood u. which 've ficer. Id. Evidenc and polk that disrr duty. diso ficer, was good orde wards fellc :F'inding pOlicy of iug fil'e01e not arbitr ported by and Polk sion of Gal 412, ref. n. Evidence Court that del' indefin Ing police})} tial evideuc- (Civ.App.19 Judicial r of city fi.reln ice Con1rni~s~ of the sUbsl such cases j ¡- that reason reached con the comrniss The order tuen's civil 8 to be a valid cretion confe 1ngs had any 30. - Evidence and findings, review Substantial evidence -supported finding of tlrem-en's and policelnen's civiJservfce com- Inission that patrolnlan had violated cer- tain civil service and police department rules when he failed to r~port tip that money had been secreted In poHce car by prisoner who 'was being held for investiga- tion for burglary. Bichsel v. Strickland (Civ.App..1963) 371 S.W.2d 785. Substa.ntial evidence rule Is appHcable to suspension proceedings before firemen's and policemen's civil service comn1isslon. rd. \Vhere -affidavits of director of civil serv- ice and chief of lJo1ice admitted that letter as to dismissal of policeman had been de- livered by chief of police' to director, true origInal copy of that letter was properly a.dn1itted in hearing on ¡notion for summary judgn1ent in po}fceman's suit for reinstate- nlent. even though copy of Jetter had not been attached to motion for summar;)' jUdg- Inent. Civil Service Commission of City of Lufkin v. Crager (Civ.App.1965) 384 S.W. 2d 381, ref. n. r. e. There was no substantial evidenceintro- duced to support finding of city civil serv- ice conunlssion that poJice detective· had violated any of the rules and regulations of city poJice departn1entas charged by the chief of poUce. City of Sa.n Antonio v. Pou- los (Civ.A pp.1966) 403 S. 'V.2d 168, affirmed 422 S. \V.2d 140. City fire and police civil ser\"lce commis- sion having' upheld charges against police detective, it was duty of court to sustain and not set aside such findings jf they were reasonably supported by substantial evi- dence. Id. The appeal of suspended nlunicipal police officer from decIsion of civil service conl- Jl1ission to courts was governed by the sub- stantfal evidence ruJe. Firemen's and Po- licemen's CiV11 A~!'VJce Commission of City ot Port Arthur V. Hamman (Sup.1966) 404 S.W.2d 308. . DIstrict court Js bound by findings of city ciyfl service commissIon, tt ftnd1ngs find reasona.ble support tn substantial evidence. Craw'ford v. City of Houston (Civ.App.1961) 414 S.\V.2d 212. ref. n. r. e. Failure of policeman appealing to district court from firemen's and policemen's civil service commission order dismissing him to except to admission in district court of transcrIpt of proceedings before commission was not ,vaiver of objection to this evi- dence. Cruz v. City of San Antonio (Civ. App.1968) 424 S. V{.2d 45, appeal after re- JnA.nd 440 S. Vv"'.2d 924. 29.5 - Presumptions and burden of -proof, review Discharged policeman 'who appealed, an order of the Civil Service Commission dis- charging him, not the Comnlission, had burden of proving failure to conlply \vith requirernents of § 1~ of this article regard- ing giving of notice of suspension. IIerron v. City of Abilene (Civ.App.1975) 528 S.'V. 2d 349. error refused. 'There is settled pres\unption in favor of questioned order of firemen's and police- men's civil service con1mis~fon and burden is on BPpeaJJng party to show that it is not supported by substanUal ev!dence: and this is question of law. Pruitt v. City of Houston (Civ.App.1977) 548 S. 'V.2d 90. Though ch'il service rules specified in recolnmendation m~de by chief of fire de- parÚnent to den10te a 111ember thereof froln rank of Heutenant to that of private were not offered in evidence in proceeding to re- view delnotion order of civil service com- mission, where burden of proof ""'as on offi- cer. it v.as to be presumed that rules pro- vided for delnoUon as a disciplinary mea- sure for 1\\"0 charges specified in recom- mendation. namely. officer's failure to take approprjate action in response to a distress caB and his discourtesy in responding to can. City of CarroJlton v. Keeling (Civ. App.1977) 560 S. 'V.2d 488. ref. n. r. e. Question "whether a den10tion order of the civil seryice conul1ission is supported by substantial evidence is regarded as one of law and any conflict in the evidence Inust be resolved in favor of the commission. Id. Burden is on the officer seeking a revie\v of a demotion order of the civil service comnllssion to satisfy the court that the No con1petent evidence supported take- order is not reasonably supported by sub- nothing sumn1ary jUdgment rendered In po- stantial evidence. rd. liceman's aþpeal to district court from or- Claimant for benefits under sick leave der of firemen's and po1icemen's civil serv- provisions of § 26 of this article governing ice cOlnmission order dismissing poJiceman. firen1an's civil service wou]d have burden Id. 290 . VILLAGES Ti tie 28 ,,'ing that disability was caused by es received while in the line of duty. f Houston Y. Caldwell (Civ.APP.1979) .\V.2d 494, Evidence and fIndings, review stantial .evidence suppo:ted fl~ding of 'en's and policemen's CiVIl service com- . that patrolman had violated cer- Ion i . d a tment civil service and pol ce. ep.r ,,"hen he failed to report tIP that had been secreted in' po1Ïce car by ~~r who was belng held for Inv:stiga- for burglary. Bichsel v. StrIckland App.1963) 371 S.'V.2d 785. ·bstn.ntial evidence rule is app1icab~e uspension proceedings before flreln:n s po1icen1en's civil service comn1isslOn. .1 re: affidavits of director of civil serv- led chief of þolice admitted that letter :an dismissal of poUce~an h~d been de- red' by chief of police to dIrector, true . al copy of that letter ,vas properly ~~ tecl in hearing on motion· for sumrnary gment in policeman's suit for reinstate- nt, even though COpy of lettert) h~~ no~ n attached to D1otion for s~~m......r~ JUdi~ t Civil Service Con1nllss1on of C Y '~~fkin v. Crager (Civ.APP.1965) 384 S.\V. 381 ref. n. r. e. . t he~e was no sub8tantial e:iden.c~ In ra- ced _port finding of CIty Cl\.~ll serv- ion that police detectlve had co of the rules and regulations of o\ate y . h d by the 'Y police departn1ent as c arge ie! oí police. City of San Antonio v'. Pou- s (Civ.APP.1966) 403 S. \V .2d 168, nfflrIned 2 S.'V.2d 140. . .~. is- City fire and po1ice C1Vll ~er\ ice comm. on having upheld charges against poh~e tective, it was duty of ~our~ to SUS:8.111 nd not set aside such findIngs If th~y ~ e~e ¿8.Sonably supported by substantlal eVl- ence. Id. ., Ire The appeal of suspended n1unlClpa po IC fficer from decision of civil service con~: i~sion to courts was governed by the su t¡ntial evidence r111e. Firemen:s and I~O- . en.s C1Vn Aer''''lce Comm1 SSlon of ClÌY ¡cern ~ 1966) 404 t Port Arthur v. .tia.m~an (Sup. W.2d 308. d' ! tty . District court Is boun-d b}" fin lngs 0 C d IvH servIce cornmtssion, 1f findings fin reasonabte support 1n sUbstanti~I evtden~;) Cra'wfard v. City of Houston (Clv.APP.19 414 S.\V.2d 212, ref. n. r. e. Failure of policernan appea.ling to ~ist~i~.~ court from firemen's and policemen s CI\ 1 ~er\"ice comnlission order di8rnissing him t~ ;xcept to admission in district court 0 transcript of proceeding.s before cOln~is~\~;~ \\'as not waiver of objection to ,th1S . dence. Cruz v. City of San Antonio (CIV. App.19(8) ,424 S.\V.2d 45, .appeal after re- Inand 440 S.'V.2d 924. Xo conlpetent evidence supported takc- n;thlng sumlnary judgnlent re~dered in po- d· t . t court froIn or- !iceman's appeal to is nc , . .' ~ 'v- der.emen.s and po\icemen s cn.li seI ice Ission order dismi~sing pohcenUi.ll. Id. i '".)¡ ; .~ 11, 11: ¡7 ~ ~. ~.: I. ~:'. i';' I ,~ ~ i I ¡ .~ I I ~ f' ~ ,. ~j ~. ì' ~ I I !i...." ~:i:..~~ :A.., Title 28 . ') Art. 1269111 Note 30 "'ere not arbitrary and capricious, Its order Illust be affirlned. Talent v. City of Abi- lene (Civ.App.1973) 499 S. 'V.2d 724, re- versed on other grounds 508 S. 'V,,2d 592. If, on district court review of police sus- pension order issued by city civil service con1mfssion, facts reveaied that city had failed to present substantial evidence suffi- cient to support order of commission, re- ceipt by commission after c10se of hearing of supporting affidavits, without notice to or presence of policeman, as evidence sup- porting order of comn1ission would have deprived policeman of fundamental due process. Richardson v. City of Pasadena (Civ.App.1973) 500 S.'V.2d 175, reversed on other grounds 513 S.'V.2d 1, appeal after re- mand 523 S.W.2d 506, ref. n. r. e. Evidence supported finding of firemen's and policemen's civil service commissIon that police officer ,vas not entitled to pro- n10tion to sergeant despite fact that fonow- ing promotional exanlination police officer 'vas ranked No. 1 on eligibility list for pro- motion. City of Garland v. Dittrich (Civ. App.1974) 517 S;\V.2d 839. Burden of proof is upon 'petitioner to show that decisIon of civil service commis- sion is not reasona.b)y s'.1pport.ed by sub- stantial evidence: preponderance of evi- dence is not the test. Id. An of evidence before civil service com- nlission is to be reviewed and reviewing court Jnay. not substitute its judglnent for tha t of commission. ld. In reviewing order of civil service com- Inission, court is not to substitute its dis- cretiön for that cornmitted to agency but Is to sustain agencý if it is reasonably sup- ported by substantial evidence before court; if evidence as a whole is such that reasonable minds could not have reached conclusion that agency must have :reached in order to justify its action, then orc1er must be set aside. Id. Scope of judicial review of city civil serv- ice commission's order is limited by the substantial evidence rule. Cusson v. Fire- men's and Policemen's Civil Service Com- mission of San Antonio (Clv.App.1975) 524 S.'V.2d 88. In revie,ving order of city civil service commission, court must consider an of the evidence heard by it. Id. Evidence in proceeding in review of deci- sion of city civil service commission did not \varrant conclusion that commission's dis- missal of patrolman on basis of charges that he failed to carry out instructions giv- en hhn' by police dispatcher, signed false report, committed unnecessary act of vio- lence toward prisoner and failed to prevent abuse of prisoner 'was ,vithout reasonable support in substantial evidence. Id.. In determining whether order of city firemen's and policemen's civil service cornmission is supported by substantial evi- dence, court will not undertake to put itself in po~ition of commission, and determine wisdom or advisability of particular ruling or order in question, but will sustain action of cOlnmission so long as its conclusions CI'rIES, TOWNS .AND VILLAGES Transcript of proceedings before fire- n1en's and policen1en's civil service cOlnlnis- ~ion was not competent evidence to support ~\.lmlnary judgrnen t nlotion filed in district court hearing appeal fronl con11nission's or- der dismissing poJiceman. Id. District court, on appeal frOln order of city firen1~n's and policemen's civil serv- ice commission permanently discharging fireman froln city fire departn1ent, did not err in adn1itting evidence which was not forlually introduced before commission. Garc.ia v. City of San Antonio (Civ.App. 1968) 427 S. 'V.2d 947, ref. n. r. e. Adn11ssion, in suit by' pollee officer to have dismissal order by firemen's and po- licelnen's civil ~ervice commission set aside, of signed carbon copy of written statement served upon the officer was not error, where city personnel director,cbarged with maintaining the commission's records, could not find the original and identified a machine reproduction of the original as "'ell as the carbon copy, \vhich was signed by server-police chief as \veIl as by the served officer. Bryant v. City of San Antonio (Civ.App.1971) 464 S.'V.2d 888. Admission, in suit by former police officer to haye dislnissal order of firemen's and po- licelnen's civil service cornmission set aside, of testimony of police chief that the officer had substantially admitted charges of mis- conduct 'when he testified before the com- mission "~as error, but did not require re- versal where testimony of other ,vitnesses stood uncontroverted regarding events which 'were basts of charges against the of- ficer. Id. Evidence supported findings of firemen's and policemen's civil service cornmission that dismissed police officer, while off- duty, disobeyed lawful order of superior of- ficer, ,vas guilty of conduct prejudicial to good order, and used abusive language to- \\"ards fellow officer. Id. Finding of trial court that administrative policy of city that city elnployees, includ- ing fir~n1en, reside within city Ihnits 'was not arbitrary or unreasonE.ble 'vas sup- ported by evidence. Jackson v. Firemen's and Policelnen's Civil Service COlnmis- sion of Galveston (Civ.App.1971) 466 S.'V.2d 412, ref. n. r. e. Evidence supported finding by district court that city civil service comn1ission or- der indefinitely suspending and ðisn1iss- lng policelnan 'was supported by substan- tial evidence. 'Valker v. City of Houston (Civ.App.1971) 466 S. \V.2d 607. Judicial revie,," in district court of order of city firelnen's and po]fcelnen's civil serv- ice conunif-'sion is governed by application of the substantial evidence rule: test in such cases is ""hether the evidence is such that reasonable n1inds could not have reached conclusion that 'was reached by the comn1ission. Id. The order of city firemen's' ~nd police- men's civil service con1mfssion is presumed to be a valid exercise of the pov.rer and dis- cretion conferred upon it, and if Its find- ings had any reasonable basis in fact and .,~t,' ~. 291 ~.¡ ,,:. "-..." ~. .~._:. ~'. .'~.: ø;': _ ",:. . ~ ".-' , - > '. - ~ .. ~'. ;. ~;- --._: . ~ , ,'f~'04-;':-i Ä.c:;,¡, CITIES, To"rNS AND VILLAGES Title 28 Art. 1269In Note 30 are reasonably supported by substantial ev- idence. City of '\V'ichita Falls v. Fowler (Cîv.APP.1977) 555 S.'V.2d 920. Trial' court can set aside order of city firelnen's and policemen's civil service commission suspending firernan from fire department only if evidence as a 'whole shows that reasonable minds could not have reached conclusion that commission must have reached. Id. Evidence presented on review of order of city firemen's and policemen's civil service commission suspending fireman fro In fire department for period of 90 days for using vile and abusive language to,vard training specialist did not show that reasonable Ininds could not have reached conclusion that commission reached, and thus trial court erred in fai1ingto find that there 'was substantial evidence in support of order of civil service commission. Id. In revie'wing order of city firemen's and po1icetnen's civil service COlnmission sus- pending fireman from fire departtnent for period of 90 days, trial court erred in find- ing as a fact that firen1an did not say "~ords nor engage in conduct stated as grounds for his suspension by fire chief, in that it ,,~as improper for trial court to as- , sume function of fact finder. Id. In appeal froln order of city firemen's and policernen's civil service commission district judge is to deternline \vhether or- der is reasonably supported by suhstantial evidence "'hichis question of la,,,; rule of trial judge in this instance is not that of fact finder. .Id. Evidence, in proceeding on city police de- partment employee's petition for \vrit of nlandanlus to COIn pel city civil service com- Inission to issue final order "'ith regard to his charge of a)1eged discrhnination, estab- lished tha t proceeding before commission was as provided by city personnel rules \\"hich did not require issuance of any order at conclusion of hearings. Anlarillo Civil Service COl11mission v. Vitatoe (Civ.App. 1977) 556 S.\V.2d 648. Standard of review from a decision of the civil service commis'sion to demote à fire- man or other officer Is whether the com- 31.3 - Judgment n1iss10n's order is reasonably supported by substantial evidence. City of Carrollton v. Judgment whIch adjudged costs against city for additional ,vages due firemen for Keeling .<Civ.APP.1977) 560 S.'V.2d 488, ref. temporary duty in higher paying job classi- n. r.- e. fications and which directed that execution Existence of substantial evidence to sup- issue for their col1ection was fundamentally port a demotion order of the civil service erroneous, thus judgment ,,,ould be modi- commission 111ust be deterlnined froln the fied to elimi~late order of execution for entire record as made in the court. Id. costs regardless of city's failure to raise it. Finding of civil service comlnission that City of Galveston v. Russo (Civ.APP.1974) officer did not make a proper response to 508 S. 'V.2d 882, ref. n. T. e. an animal distress call 'while on duty at Not"'ithstanding the authority of a feder- fire station was supported by substantial al equity court to a,vard attorney's fees evidence in record, but even if officer un- under the Federal Civil Rights Act (42 U. derstood that fire department's policy ,vas S.C.A. § 1983), where action challenging not to respond to anÍll1al distress caUs, fur- suspension of police officers on ground that ther finding: that he ,,'as guilty of discour- suspension was based upon allegedly un- tesy toward person making call 'was also constitutional order requiring officers to supported by substantial evidence In record submit to polygraphIc examination was and, hence, civil service commission was brought under state's statutory scheme, 292 . not 'without authority in derrioting officer. Id. Denlotion of officer from rank of a 1ieu- tenant to that of a private in fire depart- n1ent ,vas seemingly harsh but it was based on substantial evidence in record and, hence, ,vas not subject to be set aside as arbitrary and unreasonable. Id. Substantial evidence supported dismis- sal of police officers on charges that they had conceived and executed plan to furnish false eyidence to explain use by one officer of deadly force against misdemeanor theft suspect. City of Pasadena v. Barron (Civ. App.1978) 567 S.'V.2d 73, ref. n. r. e. On appeal by city from trial court's ac- tion in ordering reinstaten1ent of police of- ficers who had been discharged for mis- conduct, city ,'Vas not required to challenge findings of fact and conclusions of law arrived at by trial court, but sufficiently challenged trial court's judgment when it claimed that dismissal orders were free from taint of illegality and were supported by substantial evidence. Id. Substantial evidence including testimony of ci ty police sergeant and testimony of the pollee officer who allegedly violated civil service rules fuBy supported city civil serv- Ice com!l1ission's finding that the officer had connnitted acts ,,,hlch amounted to un- authorized use of telephone equipment. City of Lubbock v. Estrello (Civ.APP".1979) 581 S. \V .2<1 288. Trial court could set aside order of city ciyil service cOlnlnission ,vhich permanently dismissed city police officer only if the evi- dence as a whole established that reason- able persons could not have reached the conclusIon reached by the commission. Id. In applying the substantial evidence rule to revie,v city civil service commission's permanent dismissal of police officer, while the district court considers all the evidence and may evaluate the evidence,' the court does not pass on the preponderance of the evidence. Id. Scope of judicial review of city civil serv- ice commission order v.:hich permanently dismissed city police officer was limited by the substantial evidence rule. Id. Title 28 I-··~···· .............. ..........'....'..~......<...:. ~.. .$~ !J ',' i: ../ , I .~:;. .~;1. ~¡ iI': ~i ~...:.:) ~J I ~ I ~'?~1 îI trial court prop€- ney's fees base even though a yolved and e"e held unconstitut v. City of Houst 2d 5GO. 31.4 Declarator Because it did a real or actual; er of fit'enlen's a COHl111ission to portion of decJa - to declare the such issue woul of Corpus Christ 805. 31.5 Summary On policenlan' S\.1nllnary judgtn to district court policenlen's civl lnissing hhn, co' to file supplenl€ civil appeals in Inent ulotion. C (Civ.App.19bS) -4 ren1and 440 S. '''' Summary jud appeal to distric men's and polke sian disn1iss\ng p 32. Vacations 'Vhere under \ 1, § 6 a flrernan 3.276 hours dur ftrenlen 'worked during the calen Iner 1non ths fire shifts of 24 ho duties for (:'ight Jeast 15 days ya required by § ~6( v. City of 'Vichi S. 'V. 2d 798, erro 33. Examination Section 14 of no person shaH unless he h~s E€tj lower position at! by city civil se~ comlnission to e1 10'wer grade ,,·¡he] alnina tion COIllPJ Houston (Civ,Ap~ n. r. e. j In vie\v of Ch~ that eligibility 1181 competitive exa~ than three pers~ promotional exari all persons in n years except thai examina tian to I grade if there I first 10'wer grad~ number to take e~ and Grade VII fit service in ei ther: .. Title 28 . } ·t in demoting officer. t wi aut 10rl Y . Denl0tion of officer from ~ank. of a lIeu: nant to that of a private 1n .fne depart ent "'as seemingly harsh but 1t was based substantial evidence in record and, nce, "ßTas not subject to be set aside as bitrary and unreasonable. ld. Subgtantial evidence supported dismls- 1 of""' po1ice officers on charges that they d conceived and executed plan to furnish l~e evidence to explain use by one officer deadly force against misdemeanor th~ft spect. City of Pasadena v. Barron (C1V. pp 1978) 567 S.'V.2d 73, ref. n. r. e. O~ appeal by city from trial coures ac= on in ordering reinsta.tement of po1ice of cers ,vho had been discharged for mis- duct city was not required to challenge nd'n~; of fact and conclusions of 1aw ;ri~ed at by trial -court, but sufficientl.y al1enged trial. court's judgment when 1t 1 'med that ãismissal orders were free ~~ taint of illegality and were supported v substantial evidence.Id. . . ~ Sub~tantial evidence includIng testlmo~~ f city police sergeant and testimony of t . o11ce officer who al1egedly violated CiVIl ~rvice rules fullysupported city ciyil serv- ce can11nission's finding that the officer d mitted acts 'which alTIounted to un- 13 COOl .pment uthorized use of telephone. equI. ". "ity of Lubbock v. Estrello (Clv.App.1949) ,81 S \\' .2d 288. f 't Tri~l court could set aside order 0 Cl Y ivi1 service cornmission ,,,hich pe:n1anent1.Y i~n1.'S ) city police officer only )f the eVl- 'e~c - whole established that reason- ble 118 could not have reached the 'oncl;ls1on reached by the cOlnmlsslon. Id. In applying the substantial eviden:e .ru~e "'0 re\'iew city civil service COm}l1ISSIO~ s ~~rmanent dismissal of police officer. whIle, the district court considers an the 'eviden~~ and may eva.luate the evidence,' the cou does not pass on the preponderance of the evidence. ld. . . Scope of judicial review of city CIVIl serv-" ice COlnmission order "'hlch pe~ln~nent1)Jr dismissed city police officer was hmIted b) the substantial evidence rule. Id. 31.3 ..:..-- Judgment Judgment which adjudged costs against city for additional ,vages due firemen ~f~~ temporarv duty in higher paying job cla,-,~ fica.tions ~and ",,'hlch directed that executIon issue for their co1Jection was fundalnentallY e;roneous. thus juðglnent would be. n10~~~ fied to eliminate order of executlo~ . costs regardless of city'~ failure to raIse 1;; City of Galveston v. Russo (Clv.APP.197 508 S. "\V.2d 882, ref, n. r. e. Not,vithstanding the authority of a feder- al equity court to award ~ttorney's feeTs under the Federal Civil Rights Act (42. t:: S C A § 1983) \vhere action challeng-1ng . . ., 1 that suspension of police officers on grou~( u~- ~uspen~ion \\'as based upon alleged y ~onstit~Uonal order requiring officers t(~ , bmit to polygraphic exan1ination was su 'cherne brought under state's statutory s ' 2 . t Iii ~ I ~ H ~ i 8 ¥ ~ ~ it ~ .~ ~; . ~ \~ u·· ;1 a.'.'.·.;.... ~. ~ Title 28 CITIES, TOWNS AND VILLAGJ.JS -.> Æ~~t,~. ~-"Þ'; trial court properly refused to award attor- ney's fees based upon 42 U.S.C.A. § 1983. even though a constitutional issue 'was in- ,"DIved and even though su£.:pension v:as held unconstitutional by trial court. lIeard v. City of Houston (Civ.APP.1975) , 529 S. 'V. 2d 560. . 31.4 Declaratory judgment Because it did not appear that there ,vas a real or actual con.troversy about the pow.- er of firenlen's and poJlcemen's civil service conunission to punish for contempt, that portion of declaratory judgment purporting . to declare the rights of the parties upon such issue ,,",ould be vacated. Luby v. City of Corpus _Christi (Clv.App.1916) 540 S. 'V.2d 805. 31.5 Summary judgment On polfcelnan's appeal froln take-nothing SUJnn1ary judgment rendered in his appeal to district court from order of firemen's and policemen's civll service comlnission dis- Inissing hhn. commission was not permitted to file supplen1ental affidavits in court of civil appeals in support of summary judg- nlent 111otion. Cruz v. City of San Antonio (Civ.App.1968) 424 S. \V.2d 45, appeal after remand 440 S. 'V.2d 924. - Sunlnlary judgn1ent rule 'vas appUcable to appeal to di,;trict court from order of fire- men's and policemen's civil servIce con1mis- sion dismiss\ng poHcelnan. Id. 32. Vacations 'Vhere under Vernon's Ann. P.C. art. 1583- 1, § 6 a ftrenlan could be required to ,vork 3,276 hours during a calendar year. and tlrenlen \vorked only 3,016 hours per man during the calendar year, and during' SUln- JTIer lnonths firelnen who ,\rorked in three shifts of 24 hours each "'ere relieved of duties for eJght shifts, ftrcrnen received at least 15 days vacation \\~ith pay yearly as required by § 26(a) of this article. Cofflnan v. City of 'Vichita FalIs (Civ.APP.1964) 374 S. 'V.2d 798, error refused. Il II ,~ ~ i ~ ~~; ~! I I ~\ ~ ~ I 1;, ~ I- I'· ï ~ I ~ í ¡:J ";'~ t ~ 33. Examinations Section 14 of this article providing that no person shaH be eligible for prom'otion unless he has served specified time in next lov.rer position or other positions specifled by city civil service cOlnlnission permits comlnission to extend exanlination to third ]o\ver grade \vhere necessary to make ex- an1ination conlpetitive. Loos v. City of Houston (Civ.App.1964) 375 S. W.2d 952, ref. n. r. e. In vie\v of CiviJ Service Act provisions that eligibility list shan be established from competitive examination in which more than three persons participate and that promotional exan1ina tion shan be open to all persons in next lower grade for two ~rears except that conH11issfon nlay extend exan1ination to members in second lower grade if there is insufficient number in first }o\ver grade to provide an adequate nUlnbcr to take exan1ination. all Grade VIII and Grade '711 firemen who had two )'ears' service in either grade ~. t.he~ t~~.frades . .. - ....,..~~ 293 Art. 1269D1 Note 35 con1bined could take examination for pro- motion to Grade IX, where only one mem- ber in Grade VIII for t\\'o years desired to take the examination. Stahl V. City ot Houston (Civ.ApP.1965) 397 S.W.2d :U8, ref. n. r. e. 'Vhere pèrsons objecting to qualification examination for promotions in fire depart- ment made no appeal within five-day peri- od foHo'wing posting of eligibility Hst deter- mined by examination, relative positions of persons taking examination on E()fgibiaty list for position in question was fixed and legally estab1fshed. Crain v. Firemen's and Po]icelnen's Civil Service Con1mfssion of City of Fort 'Vorth (Clv.App.1973) 495 S. 'V.2d 20, ref. D. r. e. City civil service commission may prop- erly determine, in retrospect. as pat-t ot grading process, that question on a met-it examination is so vague and ambiguous that any of the multiple-choice ans'wers should be accepted as correct, or, to ac- cOlnplish same result, it may simply dis- regard answers to, such a question In com- puting grades. Firemen's and Po1icemen's Civil ServIce COlnmisslon of City of Fort \Vorth v.' Kennedy (Sup.1974) 514 S.'V.2d 237. Under this article, vacancies In existing classifications and an positions in new classifications must be fflled from eligibili- ty lists created as a result of the exalnina- tion given to qualified personnel. City of Houston v. Reyes (Civ.App.1975) 527 S.'V. 2d 489, ref. n. r. e. City of Houston ordinance abolishing classification of emergency medical techni- cian but not abolishing positions fonnerly .existing in that classification and transfer- ring them into the new classification of chauffeur without tl~e .creatlon of any new classifica tion or position did not violate this artic1e requiring 'that vacancies in ex- isting classifications in all positions and ne,v classifications be fined from e1igibility lists created as result of examinations giv- en qualified personnel. Id. 34. Retirement City ordinance providing for maximum age limit of 65 ~"ears for poJicelnen and firemen· \vas not repugnant to provisions of Firemen's and Po1icemen's Civil Serv- ice Act providing a systenl of removal of classified employees for disciplinary rea- sons. City of Sv-."eetwater v. Geron (Sup. 1964) 380 S.'V.2d 550. 35. Written statement of reasons for dis,: charge or suspension Letter which notified director of civil service of city of dismissal of po)Jcen1an but which did not specifically point out the act or· acts complained of did not comply with § 16 of this article requiring chief of police to ft Ie written statement with com- nllssion giving reasons for discharge and subsequent . written statement of police i,;:' ß , , , , " ; " ,~' ")""'Î . ;, ~·:t -f ¿, ~:~~. ~;t, ~ ~¿_,f~,:,~)~:,' '. .;;~"';':;-c ~~ ,.~~;~:~. , «~'>:;': ~, >,~~.':-. ~-~ ~~~¿;\}_. ~-~ "~}:;.? :.-:"'J',:.'! :f:':~':~ ;'''. ~:':~~-;~~>'-,~- '~:":;~" ",I," . . Art. 1269111 Nate 35 chief amending letter 'was erroneously con- sidered by civil service commission a.t its hearing and commission should have rein- stated policelnan. Civil Service COlnmls- sion of City of Lufkin v. Cra.ger (Civ.App. 1965) 384 S. W.2d 381. ref. D. r. e. To charge violation of city personnel rule that police officers shall report promptly all infornlation they, n1ay receiye about any violation or suspected violation, statelnent of charges must contain al1egation of an ac- tual or suspected violation of the penal code, that suspended officer had received inforn1ation a:bout such violation or sus- pected violation and that information 'was not promptly reported by the officer. City of San Antonio v. Poulos (Sup.1967) ,422 S. \V.2d 140. Written statement required to be' filed with civil service commission by poUce chief when he suspends officer need not be highly technical .but should point out the civil service rule alleged to have been vio- lated and shoùld contain description of al- leged acts of the emplo~."ee ,,'hich allegedly constitutes violation of the rules. Id. CITIES, TOWNS AND VILLAGES Title 28 In preparing charges against a suspended employee for presentation to city civil serv- ice cOlnmission, city department head should consider separately each rule 'which is alleged to have been violated and state precise factual basis for the violation. Id. Police chief's letter stating that police- 1nan had been suspended for violation of specific subsections of city firemen's and policemen's civil service rules, and setting forth rules cOlnplained of and detailing conduct showing violation of the quoted rules, conlpJied ''lith sec. 16 of this article, requiring that ,vritten statement of reasons for ßuspension point out alleged acts in viola tion of' specified service rule. \vhere it 'was felt that to 1ist separately each rule and each act of violation \vould be con- fusing, and result in redundancy and tak- ing particular events out or chronological order and out of context of related viola- tions \\'hich occurred on the san1e occasion. \Valker v. City of Houston (Civ.APP.1971) 466 S. \V.2d 607. 'Vhere lettèr of suspension from acting po1ice chief charged police captain ",-ith 14 violations of the civil service rules and 17 vio1ations of city po1ice department rules and then described the alleged acts of mis- conduct in a chronological narrative fash- ion in 12 single-spaced typed pages. letter of suspension sufficiently apprised police officer of charges against him and facts re- lied upon to prove those charges and was in compliance with § 16 of this article. Nixon v. City of Houston (Civ.App.1977) 560 s.\\r.2d 447, ref. n. r. e. Police chief's letters informing po}Jce of- ficers of their dismissal were not inade- quate 'where they listed ru]es violated and set out narrative outline of acts which con- $tituted, violations of such rules. City of ~_::.~~~'!l~~~'~~~':': ~,,::~·;_:~."'~r;.:'t;:.~¿" Pasadena v. Ba.rron (Civ.App.1978) 561 S. 'V.2d 73, ref. n. r. e. 36. Severance or terminal pay City operating under civil service stat- utes is not required to pay accumulated vacation pay as part of severance or termi- nal pay of employees leaving classified service and its method of calcu1ating such payn1ents it voluntarily makes is not sub- ject to judicial revie\v. 'ViJlis v. City of Lubbóck (Civ.App.1965) 385 S.W.2d 611. ref. n. r. e. 37. Preferring charges Action of police chief in first stating gen- eral charge ag~ainst police officer and then . the specific acts w'hich supported the charge wa.s a permissible form of prefer- ring charges under the Civil Service Act. City of San Antonio v. Poulos (Civ.App. 1966) 403 S.W.2d 168, affirmed 422 S.W.2d 140. Original charges brough tagainst police officer under Civil Service Act had to be legally sufficient and poUce chief was re- stricted to his original, statement and charge. Id. Civil service charges fUed by police chief against detective which failed to allege to ~·hom detective made purported misrepre- sentations and the official capacity in 'which misrepresentations were made were insufficient to charge violation of city pe:-- sonne} rule forbIdding 'willful misrepresen- tations of a matter arising In the course of official duties. City of San Antonio v. Pou- los (Sup.19G7) 422 S. 'V.2d 140. Police chief's charges against city detec- tive' 'which alleged that detective had in his possf\ssion shotgun of san1e nlodel and type which had been taken in burglary but which did not allege that gun was saIne gun taken in burglary and ,,·hich did not al1ege det~ctive failed to pron1pt1y report burglary was not sufficient to charge detective with violation of city, personnel rule which re- qUired pOlice officers to report promptly an inforn1atIon they might r~ceive about any violation or suspected violation. Id. A1Jegatfons that fire1nan had denied that he had bought anything or arranged for anyone else to buy anything from another person ,vere insufficient to charge violation of firenlen'sand policemen's civil service rules relating to causes of dismissal and suspension. in absence of specific allega- tions that fireman's denial had been untrue or that property allegedly purchased had been stolen. City of' I:Iouston v. ]'Iackey (CiV'.App.1968) 423 S.W.2d 606, ref. n. r. e. Statement filed by chief of fire depart- n1ent to obtain suspension of fireman for cause must allege facts sufficient to charge violation of one or more firemen's and po- Ucelnen's civil service rules of city. Id. Dallas city charter provision givj'ng chief of police exclusive right to suspend police 294 ~',- .~ '0' Title 28 officer Wh<l and ulti11la' board and right of Co quire in to employrnen vesting in qUire into to àet€:rmin investiga tio' trIal board. j APP.1975) 5Z It ,vas dui ceIve and a ' ficers pres€ ' termine Wh: rious. Id. Article 62 that cornpJaJ ficer may b agency or b} ment. cornp signed by sole a yenue lice officer conflict with whereby citi proceedJ ngs in cJassified s 38. Limitat¡ Section 16 service heart fire departm, within six n da te of sus4 cha.rge ]ater h1 or conduct, l~ Occurred Withj' pending cha.rg Civil 'Service Arthur v. lrEtj 308. Cause of a.c tenants, who eighth positío~ motion to ca~ 1notion to suc~ days after e~t.a~ ber 6, 1971. bUi 3.CC1'ued until S 'which '\'as date curred in posit action. which ~ not barred b\' i tions (art. .1526) to have promot dates earlier th; of the case. 1\: (Civ.App.1975) 5: Firelnan's ch-J Ings which surT biJity list for pn as a whole, €s~ moted by operar; article and cons ing" \vith city S~ Jimitations 3¡Jp1i4 to compel reCOg11 ND VILLAGES Title 28 . (Civ.APP.1978) 567 S. asa v. Barron V.2d ef. n. r. e. 36. Sever'ance or terminal pay City op'erating under civil service stat- utes is not required to pa.y accumulatetd vaca tion pay as par~ of severance or te~m - nal pay of employees leaving classlfied . d its method of calculating such serVlce an . t sub- payments it voluntarily makes IS no . ject to judicial review. WitHs v. Clty of Lubbóck (Civ.APP.1965) 385S.W.2d 617, ref. n. r. .e. 37. Preferring charges , . Action of police chief in first stating gen.. eral charge against po1ice officer and then the specific acts which supported the 'charge wa.s a permissible form of. prefer- ring charges under the Civil Servl~e Act. City of San Antonio v. Poulos (Clv.A.,.pP. 1966) 403 S.W.2d 168, affirmed 422 S. W .2d 140. Original charges brought against police officer under Civil Service Act had to be legally sufficient and police chief was re.. stricted to his original· statelnent and charge. Id. Civil service charges fBed by police chief against detective which failed to a~lege to whom detective made purported ml~repr:- ~en tations and the official capacIty In ~vhich misrepresentations were made v;ere insufficient to charge violation 0: city per- ~onnel rule forbidding willful mlsrepresen- ta_of a matter arising in the course of of duties. City of San Antonio v. Pou- los p.1967) 422 S.'V.2d 140. Police chiers charges against city ~ete~- tive which alleged that detective had In hIS possE-ssion shotgun of sa.n1e model and type which had been taken in burglary but which did not allege that gun was same gun taken in burglary and \vhich did not allege detective failed to prOlnpUy report burgl~ry was not sufficient to charge detectÍ\~e wIth violation of city personnel rule ,vluch re- quired police officers to report promptly all informatIon they might receive about any violation or suspected violation. Id. Al1egation~ that fireman had denied that he had bought an~Fthing or arranged for anyone else t.o buy anything from ~nother person ,vere insufficient to charge vlolati.on of firemen's ,and policemen's civil SerYIC~ rules relating to causes of disinissa~ an suspension in absence of specific ailega- , bunt r\ll' tions that firelnan's denial had een J or that Property al1egedly purchased ha. !\lacke\ been stolen. City of' Houston v. ~ (Civ.App.1968) 423 S.W.2d 606, ref. 11. r. . f· depart- Statement filed by chief of ire f ment to obtain suspension of fireman or cau~e n1ust allege facts sufficient to chnrbè vloi~tion of one or more fireInen's and po- licemeIJ.'s civil service rules of city. rd. - ., giving chi...·( Dallas city charter prOYiSIOn o1Ïcè of police exc1usiye right to suspend P f 294 . ~ I ,~ t i4 I I . ~.... (.........~ : ,:.r . . ....~_.,¡jr.. _. ..'¡r... w.~1.~~'...~ Title 28 t ~. Art. 1269m Note 41 to recover damages for city's failure to do so. Kiel v. City of Houston (Civ.App.1977) 558 S. W.2d C9, ref. n. r. e. CITIES, TOWNS A'ND VILLA·GES officer ,vho may appeal to city manager and ulthnately to trial board or hearing board and provision expre8s1y recognizing right of council and its comrnittees to in- quire into appointnlent and rernoval froln emploYlnent do not conflict \" ith provision vesting in civil service board duty to in- quire into citizens' charges of nllsconduct to determine ,\"hether they n1el'it further investigation and, if so, to file charges with trial board. Graves v. City of Dallas (Civ. App.1975) 532 S. W.2d 106, ref. u. r. e. It was duty of ciyU service board to re.. celve and accept charges against police of.. ficers presented by five citizens and to de.. ten:nine whether the cha.rges were merito- 1ious. Id. ' Article, 6252:-20 providing that, in order that complaint against la,\\F enforcen1ent of.. ficer may be, ,consIdered by head of state agency or by chief or head Df police depart- ment, comp]aint must be in 'writing and signed by complainant does not provide sole avenue by ·whlch complaint against po- )ice officer Inay be processed and does not conflict 'with Dallas city charter procedures 'whereby citizens may initiate tnlsconduct proceedings against officers or employees in classlfieñ service. Id. J3 I, Ii ~' ~~ ~ I I ¡ I 38. Limitations Section 16 of thIs articJe l1n11ting civil service hearIng on suspension of police or fire departlnent officers to acts occurring ,vithln six n10nths Imn1ediate1y preceding date of suspension did not preclude a charge later in time, based on different acts or conduct, merely because such acts had occurred withIn six months of a. previously pending charge. Firemen's and Policemen's Civil 'Service Conln1fssion of City of Port Arthur v. Halnman (Sup.1966) 404 S.'V.2d 308. Cause of action by three city police Jleu.. tenants, ,vho occupIed ~Ixth, seventh and eighth positions on eligibiUty list for pro.. motion to captain to compel their pro.. 111otion to such posi tion did not accrue 90 days after establishment of list on Decem- ber 6, 1971, but rn.tJh~r. no cause of action s.ccl'ued until 90 days after 1tIay 27, 1972, 'which was date on 'which sixth vacancy oc.. curred in position of captain: thus, such action, ,vhich "'as filed on May 6, 1974, was not barred by two-year statute of limita- tions (art. 5526). though lieutenants sought to have pron10tions Inade retroactively to dates earlier than authorized by the facts ',of the case. Michna v. City of Hou.ston (Civ.App.1975) 521 S.W.2d 331. , Flretnan's civil service record and writ.. ings ,vhlch surrounded it, especially eHgi.. bility list for promotion to inspector, taken as a whole, established that he "'as pro- moted by operation of la~' under § 8 of this article and constituted "contract in 'writ- ing" ,vith city so that four-year statute of limitations applied In his suit against city ,to conlpel recognition of his promotion and 39. Offe nses Suspended city police officer was not cha.rged before civil service cornn1ission, as cJahned, ,vith leaving his place of duty at 9. time when he was not supposed to be on duty, since charge clearly stated that he left his post of duty before the end of his period of duty. FIremen's and Policemen's Civil Service Commission of, Ci ty of Port Arthur v. Hamman (~up.1966) 404 S. W.2d 308. 40. Wilful misrepresentation City personnel rule that no member of po.. lice deparhnent sha1l willfully misrepresent any Jnatter. sign any false statement or re- port, perjure hinlself, or give false testimo.. ny before any court, grand jury, board, hearing or comnlisslon encompasses four distinct types of misconduct: ,,\\Tillful mis.. representation, whether oral or written: signing of any false statements or reports; the comn1ission of perjury.: and giving of false testimony before ,enumerated bodIes. City of San An tonIo v. Poulos (Sup.1967) 422 S. "r.2d 140. City personnel rule forbidding willful mis- repre8enlation by city po1ice officer is' vio.. lated by the willful misrepresentation by police officer of a matter arising in the course of official duties. 1d. 41. Rights of employees It is InsuLordination for a pollee officer to refuse a direct order of a superior to subrnit to l)olygraph examination during a departmental Investigation relating to effi.. ciency and credibility, where reasonable cause exists to believe the officer can sup- ply relevant knowledge or informa.tion. Richardson v. City of Pasadena (Civ.App. 1973) 500 S. 'V.2d 175, r:eversed on other grounds 513 S. W.2d 1, appeal after remand 523 S. 'V.2d 506, ref. n. r. e. Insubordlntttiòn in refusing a reasonable and constitutional command cannot be up- held without jeopardizing the system of po- lice administration which is premised on discipline. Id. A private citizen has a right of privacy and may refuse a pob'graph examination. Id. By accepting pubUc emplo}'n1ent, a 'police officer subordinates his right of privacy as a private citizen to the superior rIght of the pubHc to efficient and credible police administration. Id. . Fire chief lacked authority to order He detector inquiry into crhninal activity of fhen1an when charged crime did not relate to fireman's performance of his official du.. ties or to his accounting for his public trust. Talent v. City of Abilene (Sup.1974) 508 S.'V.2d 592. Probationary emplo~Fees of city held no vested right in their appointed positions. 295 To see Maps with Agenda: Please contact City Secretary's Office / Municipal Records