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Home My WebLink About06267 ORD - 08/30/1961IMS:JKH:8 -29 -61 AN ORDINANCE AN ORDINANCE HOLDING OF A OF THIS CITY MUNICIPAL RE AS TO WHETHER CURRENT SERVICE CONTRIBUTIONS IN THE EVENT SUCH PROPOSAL CARRIES BY TWO - THIRDS VOTE OF THE PERSONS ENTITLED TO VOTE AT SUCH ELECTION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT AN ELECTION TO DETERMINE WHETHER CURRENT SERVICE CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM SHALL BE REDUCED FROM FIVE PER CENT (5%) OF EARNINGS TO THREE PER CENT (3k) OF EARNINGS WITH CORRESPONDING RE- DUCTIONS IN CURRENT SERVICE BENEFITS PAYABLE BY SAID SYSTEM, SHALL BE HELD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 20TH DAY OF SEPTEMBERS 1961; AND AT SUCH ELECTION ONLY THOSE PERSONS WHO ARE EMPLOYEES OF THE CITY OF CORPUS CHRISTI, TEXAS, AND WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM (EXCEPT EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS WHO ARE NOT AFFECTED BY SAID PROPOSAL) SHALL BE ENTITLED TO VOTE. SECTION 2. SAID ELECTION SHALL BE HELD BETWEEN THE HOURS OF 7 A. M. AND 7 P. M. ON THE DATE AFORESAID AT THE FOLLOWING POLLING PLACES: CALALLEN WATER FILTRATION PLANT AT CALALLEN, NUECES COUNTY, TEXAS WATER DIVISION OFFICE AT 1317 MESTINA, CORPUS CHRISTI, TEXAS CITY HALL, SHORELINE DRIVE, CORPUS CHRISTI, TEXAS SECTION 3. THE FOLLOWING NAMED PERSONS ARE HEREBY DESIGNATED omw TO ACT AS THE PRESIDING JUDGES TO CONDUCT SAID ELECTION AT THE FOLLOWING RESPECTIVE POLLING PLACES AND THE FOLLOWING NAMED PERSONS ARE DESIGNATED TO ACT AS CLERKS TO ASSIST THE RESPECTIVE PRESIDING JUDGE IN CONDUCTING SUCH ELECTION AT THE RESPECTIVE POLLING PLACES, TO -WIT: POLLING PLACE JUDGE CLERK CALALLEN, TEXAS MRS. H. A. TYLER MRS. W. H. DAVIS CITY HALL MRS. J. H. VETTERS MRS. D. H. MOORE WATER DIVISION OFFICE, 1317 MESTINA ROSE GONZALES LYDIA TRUJILLO SUCH JUDGES AND CLERKS WILL BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS, THE SUM OF EACH FOR THEIR SERVICES IN CON- DUCTING SUCH ELECTION. SECTION 4. (A) NOTICE OF SUCH ELECTION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: "NOTICE OF RETIREMENT SYSTEM ELECTION. "TO THE EMPLOYEES OF THE CITY OF CORPUS CHRISTI, TEXAS, WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; "TAKE NOTICE THAT ON THE 20TH DAY OF SEPTEMBER, 1961, AN ELECTION WILL BE HELD BETWEEN THE HOURS OF 7 A. M. AND 7 P. M. AT THE FOLLOWING POLLING PLACES, TO -WIT: CALALLEN, TEXAS, CITY HALL AND WATER DIVISION OFFICE, 1317 MESTINA, UPON THE QUESTION OF WHETHER THE RATE CF DEPOSITS WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM ON ACCOUNT OF FUTURE EMPLOYMENT SHALL BE REDUCED WITH RESULTING REDUCTION IN RETIREMENT BENEFITS ALLOWABLE TO EMPLOYEES BY REASON OF MEMBERSHIP IN SUCH SYSTEM) FROM THE PRESENT RATE OF FIVE PER CENT (5n) OF EARNINGS TO THREE PER CENT (3%) OF EARNINGS. "SUCH ELECTION WILL BE BY SECRET WRITTEN BALLOT. ALL EMPLOYEES OF THIS CITY WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM EXCEPT EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS) SHALL BE ENTITLED TO VOTE AT SUCH ELECTION. IF THE PROPOSAL TO REDUCE SUCH CONTRIBUTIONS AND BENEFITS CARRIES BY TWO - THIRDS VOTE OF ALL EMPLOYEES IN THE CITY WHO ARE ELIGIBLE -2- TO VOTE IN SUCH ELECTION, THE CITY COUNCILS BY ORDINANCE, MAY PLACE SUCH REDUCTION INTO EFFECT AT THE BEGINNING OF THE NEXT CALENDAR YEAR. "THIS NOTICE IS GIVEN PURSUANT TO THE ORDINANCE ADOPTED BY THE CI TT COUNCIL ON THE 30TH DAY OF AUGUST, 1961.° CITY SECRETARY (B) THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY DIRECTED TO POST A COPY OF THE NOTICE OF SUCH ELECTION AT THE PRINCIPAL ENTRANCES OF THE CITY HALL AND OF THE FOLLOWING MUNICIPAL OWNED BUILDINGS AT WHICH TEN OR MORE'CITY EMPLOYEES ARE STATIONED, TO -WIT. CALALLEN WATER PLANTS CUNNINGHA14 WATER PLANT,, WATER OFFICE AT 1317 NESTINA STREET AND CITY UTILITY OFFICE. SUCH NOTICES SHALL BE POSTED AT LEAST TWENTY (20) DAYS PRIOR TO THE DATE FIXED FOR SUCH ELECTION. THE OFFICER POSTING SAID NOTICE SHALL MAKE A CERTI- FICATE OF THE FACT OF POSTING, AND SHALL FILE ONE COPY AT HIS OFFICE, AND SHALL FORWARD THE OTHER TO THE DIRECTOR OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. (C) FACSIMILIE COPIES OF SUCH NOTICE SHALL ALSO BE DELIVERED TO EACH EMPLOYEE WHO IS A MEMBER OF THE TEXAS MUNI- CIPAL RETIREMENT SYSTEM ALONG WITH THE DELIVERY OF HIS PAY CHECK OR SALARY PAYMENT AT ANY REGULAR PAYROLL PERIOD NOT MORE THAN THIRTY (30) NOR LESS THAN TEN (10) DAYS PRECEDING SUCH ELECTION. THE CITY SECRETARY, IS HEREBY DIRECTED TO DELIVER SUCH COPIES, AND TO EXECUTE A CERTIFICATE OF THE FACT$ ONE COPY OF WHICH SHALL BE FILED WITH THE CITY SECRETARY AND THE DUPLICATE OF WHICH SHALL BE FORWARDED TO THE DIRECTOR OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. -3- SECTION 5. THE BALLOTS TO BE USED AT SUCH ELECTIONS SHALL BE THOSE FURNISHED BY THE TEXAS MUNICIPAL RETIREMENT SYSTEM, AS PROVIDED FOR IN THE RULES AND REGULATIONS ADOPTED BY THE BOARD OF TRUSTEES OF SUCH SYSTEM, AND THE CITY SECRETARY IS DIRECTED PROMPTLY TO REQUEST A SUFFICIENT NUMBER OF SUCH BALLOTS AND SUCH OTHER ELECTION SUPPLIES (EXCEPTING BALLOT BOXES) FROM THE DIRECTOR OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. SECTION 6. SAID ELECTION SHALL BE GOVERNED BY AND SHALL BE CONDUCTED IN CONFORMITY WITH THE "RULES AND REGULATIONS GOVER- NINO ELECTIONS TO REDUCE CONTRIBUTIONS TO AND BENEFITS UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM" ADOPTED BY THE BOARD OF TRUSTEES OF SUCH SYSTEM JUNE 20, 1955; A COPY OF SAID RULES AND REGULATIONS SHALL BE FURNISHED TO EACH OF THE PRESIDING JUDGES OF ELECTION, AND HE SHALL CONDUCT THE ELECTION IN ACCORDANCE THEREWITH. SECTION 7. THE PRESIDING JUDGE OF THE ELECTION IS DIRECTED TO COUNT AND TALLY THE BALLOTS VOTED AT HIS BOX, AND TO MAKE OUT IN TRIPLICATE A CERTIFIED RETURN OF THE RESULTS OF SUCH ELECTION ON FORMS PRESCRIBED BY THE DIRECTOR OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; AND SUCH JUDGE IS DIRECTED TO FORWARD ONE COPY OF THE RETURN TO THE DIRECTOR OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; THE SECOND COPY SHALL BE ADDRESSED TO THE GOVERNING BODY OF THIS CITY AND SHALL BE DELIVERED BY THE JUDGE TO THE CITY SECRETARY ALONG WITH THE SEALED BALLOT STUB BOX, WITH STUBS ENCLOSED, AND LOCKED BALLOT BOXES WITH THE BALLOTS ENCLOSED; AND THE THIRD COPY OF THE RETURN SHALL BE RETAINED BY THE PRESIDING JUDGE FOR A PERIOD OF SIX (6) MONTHS AFTER SUCH ELECTION. SECTION 8. THE CITY SECRETARY SHALL PROMPTLY POST NOTICES OF THE RESULTS OF THE ELECTION AS CERTIFIED BY THE PRESIDING -4- JUDGE (S) AT THE SAME PLACES WHERE THE NOTICE OF THE ELECTION ARE DIRECTED TO BE POSTED AND SHALL PROMPTLY AT ITS NEXT SUCCEEDING MEETING AFTER THE ELECTION DELIVER THE COPY OF THE RETURN ADDRESSED TO THIS BODY. SECTION 9. FROM AND AFTER THE FIRST DAY OF JANUARY, 1962, EACH EMPLOYEE OF THE SEVERAL DEPARTMENTS OF THIS CITY PAR- TICIPATING IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM (EXCEPTING THE EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS) SHALL MAKE DEPOSITS TO THE SYSTEM, ON ACCOUNT OF SERVICES RENDERED SUB- SEQUENT TO SAID DATES AT THE RATE OF THREE PER CENT l3%/ OF HIS EARNINGS, AS THAT TERM IS DEFINED IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM ACTS (CHAPTER 75. ACTS OF THE REGULAR SES- SION OF THE 50TH LEGISLATURES AS AMENDED). EMPLOYEES OF THE POLICE AND FIRE DEPARTMENTS WHO ARE MEMBERS OF THE TEXAS MUNI- CIPAL RETIREMENT SYSTEM SHALL CONTINUE TO MAKE DEPOSITS TO SAID SYSTEM AT THE RATE OF FIVE PER CENT (5 %) OF EARNINGS,, AS THAT TERM IS DEFINED IN SAID ACT. THIS SECTION (SECTION 9) OF THIS ORDINANCE SHALL BE AND BECOME OPERATIVE ONLY IN THE EVENT THAT THE PROPOSAL TO REDUCE THE RATE OF CURRENT SERVICE CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM SHALL CARRY AT THE ELECTION ORDERED BY THE PRECEDING SECTIONS OF THIS ORDINANCE BY TWO - THIRDS VOTE OF ALL MEMBERS OF THE AFFEC- TED PARTICIPATING DEPARTMENTS OF THE CITY OF CORPUS CHRISTI TEXAS AND IN THE EVENT SAID PROPOSAL SHALL FAIL TO CARRY BY SUCH TWO-THIRDS VOTE, THEN THIS SECTION SHALL NOT BECOME OPERATIVE, AND SHALL THEREAFTER BE OF NO FORCE OR EFFECT. SECTION 10. THE NECESSITY FOR HOLDING AN ELECTION AS PROVIDED HEREIN AT THE EARLIEST DATE POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE -5- CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS AC t2}RDINGLY PASSED AND APPROVED THIS THE L(0 DAY OF 1 , 1g6i. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARJ APPROVED AS TO LEGAL FORM THIS _,3 n DAY OF 1961: CITY TT RNEY CORPUS CHRISTI TEXAS j_alAY OF 19V TO THE WMERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY 'COUNCIL; 1', THEREFOREy HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED$ OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY,, I� MAYOR THE CITY OF CORPUS ASTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD TOM It. SWANTMER DR. JAMES L. BARNARD JOSE R. DELEoN M. P. MALDONADo W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG