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HomeMy WebLinkAbout11608 ORD - 08/01/1973JRR:MLM:jkh:7- 31 -73; 1st h � f AN ORDINANCE ADOPTING THE PROVISIONS OF ARTICLE 6243e, SECTION 1OA - -3, VERNON'S ANNOTATED CIVIL STATUTES, TEXAS, ; RELATING TO CONTRIBUTIONS TO THE FIREMEN'S RELIEF AND RETIREMENT FUND; AND DECLARING AN EMERGENCY. WHEREAS, the Legislature of the State of Texas passed, effedtive June 12, 1973, H.B. 910, attached hereto and made a part hereof as Exhibit "A ", amending Article 6243e, Vernon's Texas Statutes, by adding Section 1OA -3; and WHEREAS, said Section 10A -3 provides that all cities having a .•:r population of 210,000 or less may adopt said section by a majority vote of the participating members of the Firemen's Relief and Retirement Fund; and WHEREAS, the participating members voting in a special election July 11, 1973 through July 13, 1973 voted to adopt said Section 10A -3: -.c NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY '.. OF CORPUS CHRISTI, TEXAS: ,-A SECTION 1. That H.B. 910, which amended Article 6243e, Vernon's • Texas Statutes, by adding Section 10A -3, is hereby adopted and made applicable to the City of Corpus Christi, a copy of said H.S. 910 being attached hereto and made a part hereof, marked Exhibit "A ". ' SECTION 2. The necessity to adopt the provisions of Section 10A -3, Article 6243e, Vernon's Texas Statutes, providing for deduction of no more than nine percent (9%) of average monthly salary or compensation of members of the Firemen's Relief and Retirement Fund, 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 but that such ordinance or resolution shall be read at three ;d several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 44X-day of August, 1973. ATTEST: o City Secr tar MAYOR APPROVED: ('J THE CITY OF CORPUS CHRISTI, TEXAS 11508 City Attorney "�� Ch. 355 63rd LEGISLATURE—REGULAR SESSION PENSIONS—FIREMEN'S RELIEF AND RETIREAIEN,T FUND— CONTRIBUTIONS—CITIES OF 210,000 OR LESS •CHAPTER 355 H. B. No. 910 u. An Act relating to contributions to the Firemen's Relief and Ftstlrc.%_�-, ..f Fund in cert.ln cities; ruling Chapter 125, Acts of the 45th Legislature, Regular session, 1937, as amended (Article 6243e, Vernon's Texas CNII Statutes); and declaring an emergency. Be it enacted by the Legislature of the State of Texas: Section 1. Chapter 125, Acts of the 45th Legislature, Rligular Ses- sion, 1937, as amended (Article 6243e, Vernon's Texas CiviMatutes), is amended by adding 10 Section 1OA-3 to read as follows: "Sec. 10A-3. (a) This section applies to all cities which have a population of two hundred ten thousand (210,000) or less according to the last preceding federal census which adopt the provisions of this sec - tion by majority vote of the participating members of the fund and adopt- 'ed by ordinance. "(b) A city having a Firemen's Relief and Retirement Fund shall de- duct an amount equal to not less than three percent (3%) nor more than nine percent (9%) of the average monthly salary or compensation as computed in Subsection (d) of this section from each participating mem- ber's salary. The total percentage contributed by the city to the fund, plus the percentage, if any, contributed by the city under the Federal So- cial Security Act, shall not exceed: "(1) nine percent (9%) of the average monthly salary, or "(2) the total percentage contributed to the retirement of other full time employees of the city under the Texas Municipal Retirement System, or any other retirement system, whichever is greater. "(c) The percentage of the monthly deductions which is contributed to the Firemen's Relief and Retirement Fund as provided in this section shall be determined by majority vote of the fund members. "(d) The average monthly salary or compensation shall be computed by dividing the total gross monthly pay for all firemen for the immedi- ately preceding twelve (12) months by the total number of firemen paid in the immediately preceding twelve (12) months. The average monthly salary shall be recalculated each year. "(e) Monthly contributions to the fund shall start on a date to be es- tablished by the board of trustees and shall continue for the following 12-month period. ' . I "(f) Any city adopting the provisions of this section shall appropriate and contribute monthly to the fund an amount equal to the total sum I cir- paid into the fund by salary deductions of the members. Under no * cumstances shall the city contribute an amount greater than the total sum paid into the fund by salary deductions of members unless autho- rized by Subsection (h) of this section. "(g) Money deducted from salaries or compensation as provided by this section and payments and contributions of the city as provided by 50. Vemon's Ann.Clv.St. art. 6243e, § 10A- 3. 794 T-X /V 113 63rd LEGISLATURE— REGULAR SESSION Ch, _ this section shall become a part of the Firemen's Relief and Retirement Fund of the city in which the contributing fireman serves. "(h) In addition to the amount which the city is required to contrib- ute, the governing body of a city may authorize an annual contribution to its Firemen's Relief and Retirement Fund in any amount it may fix. !' "(i) Any person who may become a fireman and is eligible for mem- t bership in the city Firemen's Relief and Retirement Fund shall become a I member of that fund as a condition of his appointment, make the contri- butions required of members by this Act, and participate in the benefits R of membership in the fund. No person is eligible for membership in the j, fund if he is more than thirty -five (35) years of age at the time he first enters service as a fireman or if the board of trustees of the fund deter- enters mines that the person entering the service is not in sound health. The k applicant shall pay the cost of any physical examination required by the _ I board of trustees to determine eligibility. ' "(j) Any person who is an active member of a Firemen's Relief and Retirement Fund previously organized and existing under the laws of this state on the date that this section is adopted by the city shall continue as a member of that fund and retain and be allowed credit for all service to which entitled prior to the date of adoption:' Sec. 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in farce from and after its passage, and it is so enacted. Passed by the House on 11Iay 5, 1973: Yeas 129, Nays 0 and 1 present not voting; passed by the Senate on May 25, 1973: Yeas 31, Nays 0. Approved June 12, 1973. Effective June 12, 1973. DRIVER'S LICENSES — CONVICTION FOR FAILURE TO PRODUCE—FINGERPRINTS CHAPTER 356 H. B. No. 976 An Act relating to fingerprinting of a person arrested for driving without a license; amending Section 13, Chapter 173, Acts of the 47th Legislature, Regular Ses- • - slon, 1941, as amended (Article 6687b, Vernon's Texas Civil statutes); and declaring an emergency. Be it enacted by the Legislature of the State of Texas: -° - Section 1. Section 13, Chapter 173, Acts of the 47th Legislature, Regular Session, 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes), is amended 51 to read as follows: "Sec. 13. Every person shall have an operator's, commercial opera- tor's, or chauffeur's license in his immediate possession at all times when 51. Vernon's Ann.Civ.St. art. 6367b, 4 13. 795 i Corpus Christi, Texas ' dsy of 19 13 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, 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: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: M Jason Luby James T. Acuff Rev. Harold T. Branch rte/ 'r Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark }