HomeMy WebLinkAboutORD 1389 - ORD Allowing Certain Employee Who have Terminated Previous Membership
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ORDINANCE NUMBER 1389
AN ORDINANCE ALLOWING CERTAIN EMPL0YEES'OF THECITY'WHQ HAVE TERMINATED
PHEVroUS MEMBERSHTP~ INTEXA,S:-MU~lCIPAL RETIREMENT SYSTEM, TO DEPOSIT
THE SUMS SO WITHDRAWN, ~LUSANNUAL WITHDRAWAWCHARGES, AND ALLOWING AND
UNDERTAKING THF COST OF "ALLOWING'~ ANYSUCH'~MPtOYEE' CREDIT, IN;' SUCH
SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN:ENTITLED:AT DATE
OF SUCHWITHDRAWAL~ WITH LIKE ~fFECT AS IF ALL SUCH SERVICE HAD BEEN
PERFORMED AS AN EMPLOYEE OF THrSi CITY; REPEAtING ORDINANCE ,NUMBER 1385
,AD0PTEDNOVEMBER;12~" 199'0, 'WHICH ORDINANCE ALSO RELATED TO CERTAIN
'EMPLOYEES OF THE C.rT'F' WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS
MUN.ICIPAL RETIREMENT SYSTEM.; AND;DECLARTNG AN EMERGENCY.
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WHEREAS, theact'Uary of 'the Texas Municipal Ret'irement System has
determined thatallobligation~ charged against,. the City.s account in
th,e,',",mun,i ci pa l,i,ty,,' ac, c,u,m, ul a,ti""o",n , f, und,' in" cl" udfng" th"e "ob,,'l i gat,i.-ons ari sing
as, a ,result ofth'isordinanc'e', can be., funded by the City within its
maximum contri but; on rate' and wi ttdn itsamorti zaM,on period;': and
WHEREAS, the.Citj Council has determined !-thatadoptionof this
ordinance is in the best interests of the City;
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NOW"THEREFORE~
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BE IT ORDAINED BY THE CITY'COUNCIL OF THE CI-TY"'OF WEST,'UNIVERSITY
PLACE, TEXAS: . in
Section'1. -PLirslJantJtd Settion<63.003 jjf Stlbt,itle G of Title
nOB ~ Revised Civil statutes of TexasY,1925, ,as", ,amended', theCiily of
West University Place hereby elects .'tb'alloWl any< member ,0f'<Texas
Municipal Retirement System who is an employee of this City on the
26th day of November' 1990,,} who' has; te,riilina.,ted a,' prevd olls.-members hi p
'in said System by withdr.awal: of deposits whfleabsent from service, but
who has at least 24iino'nths of.f'cr~ditedi'ser\tice._asian(employ,ee-of this
Ci ty since, resumi ng memberstH'pto, de'po~'i t ;wi~h the'\System'in ,a lump sum
:theamount':wlthdrawh-,'plus a;'withdrawa'l ;Jehargeof'-five :per .cemt 1(5%) of
stich amountfo-r each' year' fromdaote ::,of,:suth ::-withdrawal ,to date of
redeposit, and thereupon such member shall be allowed credit for all
service to whi ch, the member, ~ad been entitled at date of terminati on of
the earHermembership,with like 'effect cfS :if all suchs,ervi ce had
been rendered as an! emp loyeeJ 'cifthi 5 ie:; t~Y', whe'ther so rendered or not.
The City of West Uni vers ity Pl ace agrees to'uhderwrite and ,;hereby
assumes the obligations arising out of the granting of all such
credits, and agrees that all such obligations and reserves required to
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Ordinance Number 1389
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provi de such credits shall be charged to thi s City's account in the
municipality accumulation fund. The five per cent (5%) per annum
withdrawal c.harge" paid 'by:. the: ,member sha:l t be deposited to the credit
of the City~'s" account in said "municipality acc,umulation fund;, "Cl;nd the
deposits of tbe amolint. previously .withdrawn 'by the, member shall be
credited to his or her individual account in the employees saving fund
of the Syst,em. i'
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,Secti,on ' 2. Ordinance No.', 1385, of th~' City of West University
, Pl ace; Texas,. whi ch ordi nance was adopted' on November 12, 1990 and
related, to certain emplqyees who have termin~ted previous memberships
in the Texas Municipal Reti.rement;Sys~em,":i,s,'hereby repealed. All
other ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 3. If. any word, phrase, cla,use, sentence, paragraph,
section 'or other part of this ordinance or: theappl ication thereof to
any ~per,son ,or circumstance, shall ever, be,- held to be invalid or
unconstitutional by any court ofcomp.et,e~t ,jurisdiction" the remainder
of this, ordinance; .,and the :application .of .such wprd, phrase, clause,
sentence, paragraph, section or other part of thi s ordinance to any
other ,persons or':c i rcums,1;ances s ha 11 ' not be affected thereby. i,
Section 4. The City Council official{y finds, determines and
declares that a sufficient written notice of the date, ~our, place and
subject of each meeting at which this ordinance was discussed,
considered, or Jact,ed upon was given, in.' the manne.r r~quired by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the publ ic as required by
'law at all times during).sl.{ch, .discu,~sion, ,consideration an,d action. The
Ci ty CouncJl .r.ati 'Iii es, 'approves and confi,rms. such notices ,and the
contents and posting thereof.
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Secti on 5., b Th~' p'l,lp~ i C importance' of, thi s ,measure and the
requirements of the-law cr,eate jan emergency, and an" urgent 'public
necessity requiring that this ,Orclinance be .passed and take effect as an
emergency measure;, an~ ,a 'state of emergency is hereby declared, and
thi s Ordinance, is, accordingly..;passed a~ an emergency measure and shall
take effect and ;be in; force immediately from and a,fter its passage and
signature. ..1, ,." '
,Secti,on 6. This oY:<linanceshaJJ become effective on the 26th
day of November, ,1990; whicJ;I js a 'date on or after the date set forth
in Section 1, above.
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Ordinance Number 1389
PASSED AND APPROVED ON FIRST AND FINAL READING this the
day of November , 1990.
Voting Aye:
Voting No:
Absent:
ATTEST:
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Audrey Nichols
City Secretary
(SEAL)
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Signed:
Laura C. Higley, Mayor
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Approv~d as to Form:
26th
James L. Dougherty, Jr.
City Attorney
Hliilll'lIll11il.llli'"
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