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HomeMy WebLinkAbout18398 ORD - 08/07/1984AN ORDINANCE PERMITTING CORPUS CHRISTI FIREFIGHTERS WHO ARE MEMBERS OF THE CORPUS CHRISTI FIREMEN'S RELIEF AND RETIREMENT FUND TO DEFER FEDERAL INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED FROM THE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the City Council of the City of Corpus Christi recognizes the desirability of enabling its firefighters to defer payment of a part of their federal income taxes; and WHEREAS, the State Firemen's Relief and Retirement Law in H.B. 1679 by Salinas was amended by the 1983 Session of the Texas Legislature to permit firefighters to defer payment of federal income taxes on their monthly contributions to the Pension Fund; and WHEREAS, the firefighters elected this income tax deferral option by a majority of the 323 participating members of the Fund, voting by secret ballot, on July 31, August 1 and 2, 1984, with 199 voting in favor of income tax and 72 voting against this change. The 199 voting in favor constitute a majority of the 323 participating members of the Fund; and WHEREAS, the Board of Trustees of the Pension Fund is seeking an Internal Revenue Service determination that the firefighter's pension plan is a qualified retirement plan under Section 401(a), Federal Internal Revenue Code, and its related trust in tax exempt under Section 501(a), Federal Internal Revenue Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the firefighters are hereby permitted to defer federal income taxes under the terms of Section 10F(a) and Section 10F(b) of the State Firemen's' Relief and Retirement Law subject to a favorable determination by the Internal Revenue Service that the firefighter's pension plan is a qualified retirement plan. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs by permitting the abovementioned deferment of federal income taxes at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions 18398 MICROFILMED SEP 2 81984 at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 7th day of August, 1984. ATTEST: i ty ec a ry APPROVED: DAY OF AUGUST, 1984: J. BRUCE AYCOCK, CITY ATTORNEY By Assistt [ity Attorney MAYOR THE CITY F CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of ,4( J 5Y' , 1984 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik MAYOR THE TY OF CORPUS CHRISTI, TEXAS passed by the following vote: at* 18398