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O-1953-6-01ORDINANCE NO. 1953-6-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ESTABLISHING A WORK PERIOD FOR FIRE AND POLICE DEPARTMENTS WITHIN THE CLASSIFIED SERVICE FOR THE CITY OF ALLEN, TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABH,rFY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen, Texas, is a public employer within the definitions under the Fair Labor Standards Act (FLSA); and, WHEREAS, the City, as provided in Section 207(k) of Title 29, may establish a work period up to twenty- eight (28) days; and, WHEREAS, such work week is different from the pay period for the City of Allen; and, WHEREAS, as a public employer, the City maintains public safety employees for police and fire protection; and, WHEREAS, it would be in the best interest for the providing for public safety in the City of Allen to adopt an alternate work week as permitted under said section of the FLSA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, ' COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen, Texas, hereby designates work periods for police service shall be fourteen (14) days and fire service shall be twenty-one (21) days, to the extent permitted by the Fair Labor Standards Act and regulations adopted thereunder. SECTION 2. The beginning and ending date for the said work periods shall be designated by the City Manager and/or Department Head, or their respective designee, for the purposes of providing such alternative work periods under § 207(k) of the FLSA, 29 USC 207(k), and the regulations adopted by the Department of Labor Wage and Hour Division. SECTION 3. The rates of pay and pay scale for such positions shall be established by the City Council by and through ordinances establishing authorized positions for such service and positions. SECTION 4. Nothing contained herein shall be construed to prohibit the City Manager or his designee to extend or reduce the work periods for emergency purposes in accordance with Title 29 USC 207(k) or regulations adopted herein. SECTION 5. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and is accordingly so ordained. 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 218T DAY OF JUNE, 2001. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. G. Smith, CRY ATTORNEY jq4y Mo son, CMGAAE, CITY SECRETARY Ordinance No. 1953-601, Page 2