HomeMy WebLinkAboutOrdinance No. 09-1840
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1840
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE AGREEMENT BY AND BETWEEN THE CITY OF
THE COLONY AND THE TEXAS MUNICIPAL RETIREMENT SYSTEM
TO PROVIDE FOR THE CITY TO MAKE NORMAL SERVICE AND
PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN
THE MUNICIPAL ACCUMULATION FUND AT THE ACTUARIALLY
DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE SAID AMENDMENT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is a participating municipality in the Texas Municipal Retirement
System ("TMRS") and has undertaken to provide certain retirement, death and disability benefits to
its employees pursuant to Subtitle G, Title 8, GOVERNMENT CODE (the "Act"); and
WHEREAS, Section 855.407 of the Act provides the limitations on municipal contribution
rates, specifically providing in subsection (g) that the governing bodies of municipalities
participating in the retirement system after December 31, 1999 may elect to contribute to its
account in the municipality accumulation fund at the combined rate of total compensation paid to
its employees as the actuary determines is necessary to fund all obligations chargeable to its
account in the fund within the municipality's amortization period; and,
WHEREAS, the City Council hereby elects to amend its participation in TMRS to
authorize the funding of such benefits pursuant to the Section 855.407(g) of the GOVERNMENT
CODE;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That City hereby elects on or after the effective date of this ordinance to
provide normal and prior service contributions to its account in the municipal accumulation fund
of the TMRS at such combined rate of the total compensation paid by the City to employees who
are members of TMRS, as TMRS's actuary shall annually determine as the rate necessary to
fund, within the amortization period determined as applicable to the City under the Act, the costs
of all benefits which are or may become chargeable to or are to be paid out of the City's account
in said accumulation fund, regardless of other provisions of the Act limiting the combined rate of
City contributions.
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SECTION 2. That the City Manager is hereby authorized to execute any and all
documents necessary to effectuate said amendment.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective on the 1St day of January, 2010.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS THIS 15"' day of December, 2009.
APPROVED:
~ J Mcco , Mayor
ATTEST:
.c,
Christie Wilson, City Secretary
APPROV S TO FO`s
"
Robert E. Hager, Ci ttorney
(REH/cdb)
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