HomeMy WebLinkAboutORD 1934 Terminating TMRS COLACity of West University Place
Harris County, Texas
Ordinance No. 1934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; TERMINATING THE
AUTOMATICALLY REPEATING ALLOWANCE OF INCREASED
PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE
TEXAS MUNICIPAL RETIREMENT SYSTEM, AND
ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE.
WHEREAS, the City Council of the City has heretofore adopted an ordinance under
Section 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to
as the "TMRS Act'), authorizing the crediting of increases in prior and current service annuities
to retirees and beneficiaries of deceased members on an annual basis; and
WHEREAS, Subsection (e)(4) of Section 853.404 provides that such an ordinance
ceases to be in effect for future years if the City adopts an ordinance stating that the previous
order under Section 853.404 will cease to be in effect for future years; and
WHEREAS, the City Council desires to adopt an ordinance under Subsection (e)(4) of
Section 853.404;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. By this Ordinance, the City Council terminates the annually-repeating
allowance of increases in prior and current service annuities to retirees and beneficiaries of
deceased members as to all calendar years beginning after the effective date of this Ordinance;
provided, however, that nothing contained in this Ordinance shall be deemed to preclude the
City Council from again adopting an Ordinance under Section 853.404 in the future.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are
repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of
this Ordinance or the application thereof to any person or circumstance, shall ever be held to be
invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this
Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or
other part of this Ordinance to any other persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a sufficient
written notice of the date, hour, place and subject of each meeting at which this Ordinance was
discussed, considered or acted upon was given in the manner required by the Texas Open
Meetings Act, as amended, and that each such meeting has been open to the public as
required by law at all times during such discussion, consideration and action. The City Council
ratifies, approves and confirms such notices and the contents and posting thereof.
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Section 5. The public importance of this measure and the requirements of the law
create an emergency and an urgent public necessity requiring that this Ordinance be passed
and take effect as an emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly passed on one reading as an emergency measure.
EFFECTIVE DATE: Provided that a signed copy of this ordinance has been furnished to the
Texas Municipal Retirement System prior that date, this ordinance becomes effective on
December 1, 2010.
PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING on
the 25th day of October , 2010.
WEST Uy~` f
O F
tte ` tiw'( ned: X-V
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form: rf~
City Attorney
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