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HomeMy WebLinkAbout08258 ORD - 11/30/19660 IMS:JKH:11 -30 -66 • AN ORDINANCE AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR AND ELECTING TO HAVE ALL OF THE EMPLOYEES OF A DESIGNATED DEPARTMENT OF THE CITY GOVERN- MENT, TO -WIT, THE TRANSIT DEPARTMENT, PARTICIPATE IN SUCH SYSTEM; AND ACCEPTING ALL OF THE OBLIGATIONS AND BENEFITS OF SUCH SYSTEM; AND DECLARING AN EMERGENCY. WHEREAS, THE CONSTITUTION OF THE STATE OF TEXAS WAS AMENDED ON NOVEMBER 7, 1944, BY THE ADDITION OF SECTION 51 -F, ARTICLE III, WHICH AUTHORIZED THE LEGISLATURE TO ESTABLISH A STATE -WIDE RETIREMENT AND DIS- ABILITY PENSION SYSTEM FOR CITY EMPLOYEES; AND WHEREAS, CHAPTER 75, ACTS 50TH LEGISLATURE (1947) AS AMENDED, ESTABLISHED THE TEXAS MUNICIPAL RETIREMENT SYSTEM, AND AUTHORIZES THE GOVERNING BODY OF EACH CITY OR TOWN TO ELECT, AT ITS OPTION, TO HAVE ONE OR MORE OF THE CITY DEPARTMENTS PARTICIPATE IN SUCH SYSTEM; AND WHEREAS, THE GOVERNING BODY OF THE CITY OF CORPUS CHRISTI, TEXAS, FINDS THAT IT WILL BE IN THE PUBLIC INTEREST FOR THE CITY TO HAVE ITS EMPLOYEES PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS HEREINAFTER PROVIDED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT, ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, THE CITY COUNCIL HEREBY EXERCISES ITS OPTION AND ELECTS TO HAVE ALL OF THE EMPLOYEES OF THE TRANSIT DEPARTMENT, CREATED AS A RESULT OF THE LEASE OF THE NUECES TRANSPORTATION COMPANY AS OF JANUARY 1, 1966, AND THE FINAL ACQUISITION ON SEPTEMBER 25, 1966, WHO ARE ON THE DATE OF THIS AGREEMENT EMPLOYEES OF THE CITY, PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS PROVIDED IN CHAPTER 75, ACTS OF THE 50TH LEGISLATURE, AS AMENDED (ART. 6243H OF VERNON'S CIVIL STATUTES OF TEXAS); AND ALL OF THE BENEFITS AND OBLIGATIONS OF SUCH SYSTEM ARE HEREBY ACCEPTED AS TO SUCH EMPLOYEES TO BE EFFECTIVE AS OF AND AFTER JANUARY 1, 1967. IT IS EXPRESSLY UNDERSTOOD THAT SAID GROUP OF EMPLOYEES COMMENCED WORKING FOR SAID CITY ON JANUARY 1, 1966, AND PRIOR SERVICE FOR SAID EMPLOYEES SHALL BE CALCULATED FROM THAT DATE. ra • 11/3o/66 • SECTION 2. THE CITY MANAGER IS HEREBY DIRECTED TO NOTIFY THE BOARD OF TRUSTEES OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM THAT THE CITY OF CORPUS CHRISTI, TEXAS, HAS ELECTED TO PARTICIPATE AND HAVE THE EMPLOYEES OF THE ABOVE DEPARTMENT PARTICIPATE IN SAID SYSTEM. SECTION 3. EACH PERSON WHO BECOMES AN EMPLOYEE OF THE TRANSIT DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF PARTICIPATION OF SUCH DEPART- MENT SHALL BECOME A MEMBER OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS A CONDITION OF HIS EMPLOYMENT. THE CITY OF CORPUS CHRISTI TEXAS, MAY IN THE FUTURE REFUSE TO ADD NEW EMPLOYEES TO SUCH SYSTEM, BUT SHALL NEVER DISCONTINUE AS TO ANY PARTICIPANTS. SECTION 4. IN ACCORDANCE WITH THE PROVISIONS OF THE STATUTE THE DEPOSITS TO BE MADE TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM ON ACCOUNT OF CURRENT SERVICE OF THE EMPLOYEES OF THE SEVERAL PARTICIPATING DEPARTMENTS ARE HEREBY FIXED AT THE RATE OF FIVE PERCENT (5 %) OF THE EARNINGS OF EACH EMPLOYEE OF SAID DEPARTMENTSI AND IN DETERMINING THE DEPOSITS TO BE MADE ON ACCOUNT OF SUCH SERVICE THE EARNINGS OF ANY EMPLOYEE OF ANY SUCH DEPARTMENT IN EXCESS OF THE SUM OF THIRTY -SIX HUNDRED DOLLARS ($3,600) IN ANY ONE YEAR SHALL NOT BE CONSIDERED. SECTION 5. THE CITY FINANCE DIRECTOR IS HEREBY DIRECTED TO REMIT TO THE BOARD OF TRUSTEES OF THE TEXAS MUNICIPAL RETIREMENT SYSTEMS AT ITS OFFICE IN AUSTIN, TEXAS, THE CITY'S CONTRIBUTIONS TO THE SYSTEM AND THE AMOUNTS WHICH SHALL BE DEDUCTED FROM THE COMPENSA- TION OR PAYROLL OF LMPLOYEESI ALL AS REQUIRED BY SAID BOARD UNDER THE PROVISIONS OF CHAPTER 75, ACTS OF THE 50TH LEGISLATURE OF THE STATE OF TEXAS, AS AMENDED, AND THE CITY'S FINANCE DIRECTOR AND PERSONNEL OFFICER ARE HEREBY AUTHORIZED AND DIRECTED TO ASCERTAIN AND CERTIFY TO THE EXTENT OF THE RECORDS OF THEIR RESPECTIVE OFFICES, OFFICIALLY ON BEHALF OF THE CITY OF CORPUS CHRISTI TEXAS THE PRIOR SERVICE RENDERED TO THE SAID MUNICIPALITY BY EACH OF THE EMPLOYEES OF THE PARTICIPATING DEPARTMENTS, AND THE AVERAGE PRIOR SERVICE COMPENSATION RECEIVED. -2- • BY EACH, AND TO MAKE AND EXECUTE ALL PRIOR SERVICE CERTIFICATIONS AND ALL OTHER REPORTS AND CERTIFICATIONS WHICH MAY BE REQUIRED OF THE CITY OF CORPUS CHR -ISTIj TEXAS, UNDER THE PROVISIONS OF CHAPTER 75, ACTS REGULAR SESSION, 50TH LEGISLATURES AS AMENDED, OR IN COMPLIANCE WITH THE RULES AND REGULATIONS OF THE BOARD OF TRUSTEES OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM. SECTION 6. THE NECESSITY FOR FINAL PASSAGE OF THIS ORDINANCE AS PROMPTLY AS POSSIBLE SO THAT THE CITY OF CORPUS CHRISTI MAY DO ALL THINGS NECESSARY BEFORE JANUARY 1, 1967, IN ORDER TO PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM FROM AND AFTER JANUARY 1, 1967, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 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 CITY COUNCILS 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 ACCORDINGLY SO ORDAINED, THIS THE 30TH DAY OF NOVEMBER, 1966. ATTEST: CI Y SEC AR APPROVED AS TO LEGAL FORM THIS 30TH Y OF NOV BER, 1966: 7s� =,ems, CITY ATTORNE e (7 j-/ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • r CORPUS CHRISTI' TEXAS DAY OF TO THE MEMBERS 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, THEREFORE' HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED' OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON :: t' PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDAN I El _-- ___[��n� ✓ " """ ° °°° BONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTEo DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE