HomeMy WebLinkAboutOrdinance No. 439 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 4~?
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
PROVIDING FOR PARTICIPATION BY THE CITY AND ITS
WATER DEPARTMENT IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, THE SUPPLEMENTAL DISABILITY
BENEFITS FUND AND THE SUPPLEMENTAL DEATH
BENEFITS FUND: PROVIDING FOR PAYMENTS BY THE
CITY TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
THE SUPPLEMENTAL DISABILITY BENEFITS FUND AND
THE SUPPLEMENTAL DEATH BENEFITS FUND; PROVIDING
A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (the "City") is a Home Rule City
pursuant to the laws of the State of Texas and its Home Rule Charter; and
WHEREAS, the City, The Colony Municipal Utility District No. i of Denton
County, Texas (the "District"), the City of Lewisville and the City of Eastvale have
heretofore entered into a Contract and Mutual Agreement To Dissolve The Colony
Manieipal Utility District No. 1 of Denton County, Texas (the "Contract") parsuant
to article 1182c-5 of the Texas Revised Civil Statutes (Vernon), as amended, and the
City and the District have entered into a Contract and Mutual Agreement To
Effectnate ConsoIidation of The Colony Municipal Utility District No. 1 of Denton
County, Texas luto the City of The Colony (the "Agreement"); and,
WHEREAS, the Contract, the Agreement and all documents and other
me~noranda related thereto were made the subject of an action for Declaratory
Judgment (the "Judgment") flied pursuant to article 717m-1 of the Texas Revised
Civil Statutes (Vernon), as amended, which action resulted in a Judgment signed on
July 7, 1986 declaring all terms and conditions of the Contract and Agreement valid
and all aspects of the consolidation lawful; and
WHEREAS, pursuant to the Judgment, the Contract and the Agreement,
effective at 12:00 a.m. on October 1, 1986, the District is to be abolished and all
employees of the District will become employees of the City's water department;
and
WtIEREAS, the City Council desires, pursuant to the Agreement and to
effectuate a smooth consolidation of employees, to have the new water department
employees participate in the Texas Municipal Retirement System ("TMRS"); and
WHEREAS, the City Council finds that it is in the best interests of the public
health, safety and welfare to have the said employees participate in the TMRS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to be true and correct
and are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. The City Council of the City of The Colony, Texas hereby
exercises its option and elects to have the City's new water department and all of
the employees of all departments now existing and those hereafter created
participate in the Texas Municipal Retirement System as provided in the TMRS Act.
Section 3. The City Manager is hereby directed to notify the Board of
Trustees of the Texas Municipal Retirement System of the election to participate
and have the employees of the City covered in TMRS.
Section 4. Each person less than 60 years of age (or who was less than 60
years of age when that person became an employee of the City or District) who
becomes an employee of any participating department of the City on or after the
effective date of participation of such department shall become a member of the
Texas Municipal Retirement System as a condition of his or hec employment.
Section 5. In accordance with the provisions of the TMRS Act, 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 fail earnings of each employee of said departments.
Section 6. Each employee who qualifies for such credit shall be allowed
"prior service credit" (as defined in Section 63.101 of the TMRS Act) at the rate of
one hundred percent (100%) of the "base credit" of such member, calculated in the
manner prescribed in Section 63.105 of said Act.
Section 7. For each month of current service rendered to the City by each of
its employees who are members of Texas Municipal Retirement System, the City
will contribute to the current service annuity reserve of each such member at the
time of his or her retirement, a sum that is 200% of such member's accumulated
deposits for such month of employment; and said sum shall be contributed from the
City's account in the municipality accumulation fund.
Section 8. The City Secretary is hereby directed to remit to the Board of
Trustees of the Texas Municipal Retirement System, at its office in Austin, Texas,
the City contributions to the System and the amounts which shall be deducted from
the compensation or payroll of employees, all as required by said Board under the
provisions of the TMRS Act, and the said official is hereby authorized and directed
to ascertain and certify officially on behalf of the City the prior service rendered to
tbe said municipality by eaeb of tbe employees of the participating departments,
and the average prior service compeusation received by each, and to make and
execute all prior service certifications and all other reports and certifications which
may be required of the City under the provisions of the TMRS Act, or in compliance
with the rules and reg~dations of the Board of Trustees of the Texas Municipal
Retirement System.
Section 9. The City by its City Council hereby elects to have the employees
of all participating departments of the City participate in and be covered by the
Supplemental Disability Benefits Fund of the Texas Municipal Retirement System,
as provided by Sections 62.003, 64.401 tlwough 64.404, 65.313, and 65.408 of Title
ll0B, Revised Civil Statutes of Texas, 1925, as amended; and all of the benefits and
obligations of participation in said Fund are hereby accepted by the City as to such
employees.
Section 10. The City Manager is hereby directed to notify the Board of
Trustees of the Texas Municipal Retirement System that the City's Water
Department has elected to participate and have the employees of the above
mentioned departments participate in the Supplemental Disability Benefits Fund of
said System.
Section 11. Each person who becomes an employee of any participating
departmeut on or after the effective date of participation of such department in
said Fund shall as a condition of bis employment be covered into the Supplemental
Disability Benefits Fund of said System. The City may in the future refuse to add
new departgnents or new employees to said Fund, but shall never discoutinue as to
any members who are covered into the Fund.
Section 12. The City Secretary is hereby directed to remit monthly to the
Board of Trustees of the Texas Municipal Retirement System at its office in Austin,
Texas, as the City's contributions to the Supplemental Disability Benefits Fund of
the Texas Municipal Retirement System, such percentage of earnings of the
above-mentioned employees of the City as may be fixed by the Board of Trustees of
the Texas Municipal Retiremunt System, provided that the rate of contribution of
said Fund shall not exceed one-half of one pevceut (1./2%) of the earnings of the
employees of the City who are covered under said Ftmd; and the City Secretary shall
make for the City such reports as the Board of Trustees of the Texas Municipal
Retirement System may prescribe.
Section 13. That the City's water department hereby elects to participate in
the Supplemental Death Benefits Fund of the Texas Municipal Retirement System
for the purpose of providing in-service death benefits for each of its employees who
are members of said System, and for the purpose of providing post-retirement death
benefits for annuitants whose last covered employment was an employee of the
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City, in the amounts and on the terms provided for in Sections 62.004, 64.601
through 64.605, 65.314, 65.409, and 65.502 of Title ll0B, Revised Civil Statutes of
Texas, 1925, ns amended.
Section 14. The City is hereby authorized and directed to notify the Director
of the System of adoption of this ordinance, and of the participation of the City in
said F~md.
Section 15. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall
not affect the validity of the remaining parts of this ordinance; and the City Council
hereby declares it would have passed such remaining parts of the ordinance despite
such invalidity, which remaining portions shah remain in full force and effect.
Section 16. The fact that the present ordinances and regulations of the City
of The Colony, Texas, are inadequate to properly safeguard the health, safety,
morals, peace, and general welfare of the inhabitants of the City of The Colony,
Texas, creates an emergency for the immediate preservation of the public business,
property, health, safety, and general welfare of the public which requires that this
ordinance become effective frmn and after the date of its passage and it is
accordingly so ordained.
PASSEl) ANllAPPROVEI) by the City Coancil of City of
Texas on this thec:Z.q_~lay of ~.~, 1986. the The Colony,
(_.// g/~ y ~ty of-The Colony, Texas
ATTEST:
City Secreta~y~ City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas
0045J
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