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HomeMy WebLinkAbout1976-02-03 - Regular City Council19 REGULAR SESSION,'- TUESDAY FEBRUARY 3, 1976 - 7 :00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session, Tuesday, February 3, 1976 at 7 :00 p.m., with Mayor Donald R. Jones present and presiding. Councilmen Jim Chambers, Cal McGee, Charles Riggins, Raymond Anderson, Jesse Sexton, Larry Hammett and Neal Guthrie were present. Councilman W. M. Irwin was absent. City Administrator Marshall Shelton, City Attorney Joseph Chandler, Director of Public Works R. Y. Gann, Administrative Assistant Kurt Ackermann, Director of Utilities Danny Johnson, Chief of Police Mike Watkins, and City Secretary Joyce Pemberton were present. Councilman Sexton made the motion to approve the minutes of the meetings of January 6th, January 20th and January 30th as written. Councilman Guthrie made the second. Motion carried unanimously. Ken Tucker, Probation Officer for Erath and Hood Counties, came, before the Council and gave a report on the different programs that have been instituted to aid those persons on probation and asking the Council's support of a Drug Education Program. -., After the report and some discussion, Councilman Chambers made the motion to adopt a Resolution giving the City Council's full support of the Drug Education Program and urging the people to take full advantage of the program. Councilman Riggins made the second. Motion carried unanimously. After considerable discussion, Councilman Sexton made the motion to accept the recommendations of the City Planning Commission and approve the Preliminary Plat of the Tanglewood }Nest Sub - Division, with the requirement that two additional drainways be added between the two streets that come into Rowland Street which are Phelps and Holly Streets. Councilman Hammett made the second. Motion carried unanimously. The Council discussed the paving of the streets in the Tanglewood South Sub- Division and the Street Specification Ordinance. It was the con- sensus of the Mayor and Council that the Developer should repair these streets. Mr. Shelton was asked to contact the Developers and Contractors before the next Council meeting requesting them to repair these streets. After considerable discussion of the purchase of the 011ie Street right - of -way, which would connect 011ie Street through to West Washington, it was the consensus of the Mayor and Council to ask Mr. Stewart, owner of the property, to meet with the Council to discuss the City's purchase of this property. The Council discussed the City Planning Commission's recommendations to continue the plan to extend Belknap St to the Lingleville Highway and the extension of Harbin Dr. to the South Loop. No action was taken. It was decided that the Council and the Planning Commission to meet some time in February to discuss their recommendations. After some discussion, Councilman Anderson made the motion to call the Regular City Election on the first Saturday in April, being April 3, 1976, I with C. N. Merrill as Election Judge and Olen Fenner as Alternate Judge. Councilman Sexton made the second. Motion carried unanimously. The Council discussed the- requestiof Roy Parnell to purchase an abandoned alley located on S. Graham St., immediately before Crow St., consisting of 3200 sq. ft. (200ft. deep and 16 ft. wide), between property owned by Roy Parnell. Mr. Shelton advised that this property had been appraised at $350.00 to $450.00. After discussion, Councilman Anderson made the motion to publish inathe paper that the City is contemplating the sale of the 3200 sq. ft. on South Graham, which is an abandoned alley, and a market value of $350.00 to $450.00 has been established. Anyone interested in purchasing this property may submit a bid to the City Council. The City Council reserves the right to reject any and all bids. Councilman Sexton made the second. Motion carried unanimously. After some discussion, Councilman Anderson made the motion to purchase sixty (60) parking meters from the City of Comanche at a cost of $30.00 or less per meter. Funds to come from Revenue Sharing. Councilman Chambers made the second. Motion carried unanimously. After considerable discussion, Councilman Guthrie made the motion that the City demolish the old Civil Defense Building located next to the City Hall. Councilman Chambers made the second. Motion carried un- animously. Chief of Police Mike Watkins came before the Council with a report on the applications to the Criminal Justice Department for a Juvenile Officer. He reported that the Council of Governments will fund most of the project and named these three objectives (1) drug education, (2) criminal and juvenile records department, and 3) a juvenile officer. Chif Watkins said the applications are all filed and the Council need take no action at this time. City Administrator Shelton explained the City's need for a sewer rod machine which would cost approximately $7000.00. He said this was not a budgeted item but that Dirctor of Utilities Danny Johnson would forfeit two budgeted items, a tractor -mower and a pickup, to purchase this machine. After some discussion, Councilman Anderson made the motion to authorize the invitation of bids on a sewer rod machine. Councilman Chambers made the second. Motion carried unanimously. After a brief discussion, Councilman Chambers moved to adopt the ordinance authorizing the merger of the City of Stephenville retirement plan with the Texas Municipal Retirement System. Councilman McGee made the second. Motion carried unanimously. ORDINANCE PROVIDING FOR AND AUTHORIZING THE MERGER OF THE CITY OF STEPHENVILLE RETIRE- MENT PLAN WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM: PROVIDING FOR PART- ICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM OF ALL EMPLOYEES OF THE SEVERAL DEPARTMENTS OF THE CITY OF STEPHENVILLE, TEXAS: PROVIDING THAT ALL SUCH EMPLOYEES SHALL PARTICIPATE IN THE SUPPLEMENTAL DISABILITY FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM: PRESCRIBING THE RATIO OF CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE OF RETIRING EMPLOYEES WHICH THE CITY WILL UNDERTAKE AS TO SERVICE RENDERED AFTER FEBRUARY 2, 1976; ACCEPTING AND PROVIDING FOR FUNDING OF ALL OF THE OBLIGATIONS UNDERTAKEN BY THE CITY BY REASON OF SAID MERGER AND PARTICIPATION IN SAID SYSTEM OF EMPLOYEES OF SAID DEPARTMENT: AND DECLARING AN EMERGENCY. The Council briefly discussed CB radios interfering with TV reception. Testing of Civil Defense Sirens and setting up emergency communications between the police station and the Cable TV at a cost of $3000.00. The Civil Defense to pay $1500.00 and Warner Cable to pay $1500.00. The Council agreed to do this. The Council also discussed the progress on the Hike & Bike Trail, the camper sites at the park, the Bicentennial Nature Trail,' the collection of the Hotel -Motel Occupancy Tax from the Ramada Inn, Certificates of Appreciation to persons serving on the different boards and commissions of the city and the opening of the council meetings with an invocation: Councilman Guthrie made the motion to invite a minister to ripen each council meeting with an invocation. This to be on a rotating basis of the different churches in the city. Councilman Sexton made the se- cond. Motion carried unanimously. The Council also discussed the number of water accounts that are de- linquent each month, the date of completion of the new fire station and the loan for the new water well field. There being no other business, Mayer Jones adjourned the ming at 9:45 P.M. ATTEST: ty ecretary AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MERGER OF THE CITY OF STBPHENVILLE RETIREMENT PLAN WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM: PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM OF ALL EMPLOYEES OF THE SEVERAL DEPARTMENTS OF THE CITY OF STEPHENVILLE, TEXAS: PROVIDING THAT ALL SUCH EMPLOYEES SHALL PARTICIPATE IN THE SUPPLE - MENTAL DISABILITY FUND OF THE TEXAS MUNICIPAL RE- TIREMENT SYSTEM: PRESCRIBING THE RATIO OF CONTRI- BUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE OF RETIRING EMPLOYEES WHICH THE CITY WILL UNDERTAKE AS TO SERVICE RENDERED AFTER FEBRUARY 2, 1976; ACCEPTING AND PROVIDING FOR FUNDING OF ALL OF THE OBLIGATIONS UNDERTAKEN BY THE CITY BY REASON OF SAID MERGER AND PARTICIPATION IN SAID SYSTEM OF EMPLOYEES OF SAID DEPARTMENT: AND DECLARING AN EMERGENCY. WHEREAS, Chapter 75, Acts 50th Legislature (1947), as amended; Vernon's Civil Statutes, Art. 6243h, as amended (which act is here- inbelow called the "TMRS Act ") established the Texas Municipal L Retirment System, and authorized the governing body of each city or town to elect, at its option, to have one or more of the city departments participate in such System; and WHEREAS, by Resolution adopted by the City Council on July 10, 1969, the City of Stephenville authorized and established the "City of Stephenville Retirement Plan" (hereinafter, the "Plan ") which Plan was implemented under contract with Southland Life Insurance Company, effective August 1, 1969; and, WHEREAS, at an election heretofore held upon the proposal, the members of the Plan, by a majority vote of all the members thereof, have approved the merger of said Plan with the Texas Municipal Retirement System and have elected to become members of said System upon the terms and conditions hereinbelow set forth; and, WHEREAS, the governing body of the City of Stephenville, Texas, finds that it will be in the public interest for the city to have its employees participate in the Texas Municipal Retirement System, and that the Plan be merged into the System; and, IF WHEREAS, the Board of Trustees of the Texas Municipal Retirement System has approved the merger of said Plan into the System and the coverage of the members of said Plan upon the terms and conditions hereinafter set out; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section I. Under the authority of Section X of the TMRS -Act, the Stephenville Retirement Plan shall be and become merged into the Texas Municipal Retirement System, in accordance with the merger agreement hereinafter authorized to be executed, effective the 3rd day of February, 1976 at 12:01 o'clock a.m. (which date and time is hereinbelow called the effective date of merger). The City of Stephenville, Texas shall become, and hereby elects to become, a participating municipality of the System at the effective date of merger, with all departments now existing or hereafter created, participating in sCla System. Section II. Terms and phrases as used in this ordinance r or in the merger agreement shall have the meaning defined in the TMRS Act, unless otherwise defined in this agreement, or unless the context hereof clearly indicates a different meaning. Section III, All persons who are employees of the City of Stephenville on the effective date of merger /participation (including members of the Plan) shall become members of the System at said date; each such employee shall be allowed "Prior Service Credit" equal to 100% of his "Base Prior Service Credit" (calculated as provided in the TMRS Act) and shall have such other rights, privileges and obligations as are provided for in the TMRS Act as to employees of a city which becomes a participating municipality in the System subsequent to January 1, 1976; and persons who are members of the Plan at date of merger and who transfer the amount of their deposits and vested sums accumulated under the Plan to their respective individual accounts in the System as provided for under the merger agreement hereinbelow authorized to be executed, shall have the additional rights provided for in said contract. 2 Section IV. All persons who become employees of the City of Stephenville, Texas, on and after the 3rd day of February, 1976, shall become members of and participate in the Texas Municipal Retirement System, as a condition of employment, unless at date of employment such employee is above the age prescribed by law for beginning membership in said System. Section V. Each member - employee shall contribute to his individual accounts each month, beginning with the month of February, 1976, a sum equal to five percent (5 %) of his earnings , as an employee of the City for such month. Section VI. For each month of Current Service from and including the month of February, 1976 rendered by each employee of the City who is a member of.the Texas Municipal Retirement System, the City of Stephenville elects to contribute and will contribute to the current service annuity reserve of such member at the time of his retirement, a sum that is equal to the member's accumulated deposits for such month of employment; and said sum shall be contributed from the City's account in the Municipality' i Current Service Accumulation Fund. Section VIL The City of Stephenville, hereby elects to, have the employees of all participating departments of said city, including persons becoming members by virtue of the merger agree ment, participate in and be covered by the Supplemental Benefits Fund of the Texas Municipal Retirement System, as provided by Chapter 312, Acts Regular Session, 56th Legislature; and all the benefits and obligations of participation in said Fund are hereby accepted by the City as to such employees. Section VIII. The Mayor and the City Secretary of the City of Stephenville are hereby authorized to make and execute on behalf of said City, a contract and agreement with Texas Municipal Retire- ment System for the merger of the Stephenville Retirement, Plan, into and with the System, said contract to be substantially on the following terms, viz.: -3- MERGER AGREEMENT THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF X WHEREAS, Chapter 75, Acts 50th Legislature (1947), as amended; Vernon's Civil Statutes, Art. 6243h, as amended (which act is here- inbelow called the "TMRS" Act ") established the Texas Municipal Retirement System (hereinafter called the "System "); authorizes the governing body of each city or town to elect to have one or more of the city departments participate in such System; and provides for merger into the System of local retirement plans _ or programs established by any City of this State; and WHEREAS, by Resolution adopted by the City Council on July 10, 1969, the City of Stephenville authorized and established the "City of Stephenville Retirement Plan" (hereinafter, the "Plan ") which Plan was implemented under contract with Southland Life Insurance Company, effective August 1, 1969; and, WHEREAS, at an election heretofore held upon the proposal, the members of the Plan, by a majority vote of all the members thereof, have approved the merger of said Plan with the Texas Municipal Retirement System and have elected to become members of said System upon the terms and conditions hereinbelow set forth; and, therefore, the CITY OF STEPHENVILLE, TEXAS, first party, and TEXAS MUNICIPAL RETIREMENT SYSTEM, second party, have mutually agreed, and do hereby agree, as follows: I. MERGER OF PLAN INTO THE SYSTEM. 1. Under the authority of and pursuant to the provisions of Section X of the TMRS Act, the Plan shall become merged into the System, upon the terms and conditions set out in this merger agreement. Such merger shall be effective the 3rd day of February, 1976 at 12:01 o'clock a.m., and the term "effective date of merger" when below used means such time and date. 2. All members of the Plan who are employees of the City of Stephenville on the effective date of merger shall become members of the System at said date; each such employee shall be allowed "Prior Service Credit" equal to 100% of his "Base Prior Service Credit" (calculated as provided in the TMRS Act), and shall have such other rights, privileges and obligations as are provided for in the TMRS Act for persons becoming members of the System as employees of a city which becomes a participating subdivision in the System subsequent to January 1; 1976. 3. (a) Upon merger, there shall be established for each person becoming a member of the System, an individual account in the Employees Saving Fund of the System, in which account the amounts deposited by the member as current service contributions subsequent to date of merger shall be accumulated. (b) Each member of the Plan on or prior to the date of merger, shall have the right to direct that his accumulated deposits in the Plan, together with the amount of the City's contributions which are then vested in him under the Plan shall be transferred to and deposited in his individual account in the Employees Saving Fund of the System, as an initial (and additional) contribution by the member for the initial month of membership, to become a part of his accumulated contributions to be transferred and taken into account in calculating his Current Service annuity at time of retirement. -S- (c) From and after date of merger, all sums standing to the individual account of each member in the Employees' Saving Fund shall be governed by, and the rights of the member therein. (including allowance of interest thereon) shall be those prescribed by the TMRS Act, except that interest on any initial deposits made to the member's accounts under the provisions of paragraph (b), immediately above, shall be credited for the fraction of the year after such initial deposits are received by the System (to the nearest month) at the rate of current and supplemental interest allowed by the System on 1976 beginning balances in individual r fmember accounts. (d) Each member from and after date of merger shall make I� monthly contributions at the rate and in the manner prescribed in the TMRS Act. (e) For each month of Current Service from and including the month of February, 1976 rendered by each employee of the City who is a member of the Texas Municipal Retirement System, the City of Stephenville elects to contribute and will contribute to the current service annuity reserve of such member at the time of his retirement, a sum that is equal to the member's accumulated deposits for such month of employment, including deposits made as initial contributions pursuant to paragraph (b) above. Said sum shall be contributed from the City's account in the Municipality Current Service Accumulation Fund. 4. In satisfaction of service requirements prescribed by the Act for retirement eligibility, each person becoming a member of the System by virtue of this agreement shall be allowed for service rendered as an employee of the City previous to effective date of merger, credit for "prior service" as provided in Section VI of the TMRS Act. 5. Each person becoming a member of the System by virtue of this Agreement, shall continue as a member of the System until the occurrence of one of the conditions enumerated in paragraph (d), subsection (2), Section III of the TMRS Act, whereupon his or her membership shall cease and determine, unless the member has -6- acquired twenty (20) years of creditable service. If any such person shall cease to be a member other than by retirement, his or her rights shall be governed by and shall be limited to those prescribed by Section V, or by subsection 4 of Section VII, of the TMRS Act, as may be applicable. II. RETIREMENT BENEFITS AND ELIGIBILITY THEREFOR. 1. Each person becoming a member of the System by virtue of this merger agreement shall be eligible for service retirement, upon the terms and conditions, and only upon the terms and condi- tions, prescribed and set forth in the TMRS Act. The benefits allowable on service retirement shall be governed by the provisions of the TMRS Act and computed according to the formula therein set out. 2. Eligibility for disability retirement by persons be- coming members of the System by virtue hereof, and the amount of disability benefit allowable, shall likewise be governed by the provisions of the TMRS Act. 3. Plan members who become members of the System under �. this agreement, and who otherwise satisfy the requirements of the TMRS Act for service retirement or for disability retirement, may retire on or after March 31, 1976, notwithstanding the fact that the person has not been a member of the System for one year prior to such retirement. III. TRANSFER OF PLAN ASSETS TO THE SYSTEM. 1. All assets of the Plan shall be converted to cash. (a) The amounts due under the Plan to plan - members who do not elect to transfer the same as provided in paragraph I(3)(b), shall be paid to the person entitled thereto. (b) The amounts belonging to plan - members who elect to transfer the same to their respective accounts in the System pursuant to paragraph I(3)(b) above, shall be transmitted to the System, with appropriate designation of the amounts to be deposited to the account of each person entitled thereto. (c) The balance of fund assets remaining after satisfaction of the requirements of (a) and (b), immediately -7 preceding, and payment of the costs of termination of the Southland contract, shall be transferred to the System, for deposit to the account of the City of Stephenville in the Municipality Current Service Accumulation Fund in partial funding of the obligations undertaken by the City as a participating municipality of the System. IV. RIGHT TO AMEND. It is further recognized and understood that members of the system have vested property rights in their accumulated deposits prior to their retirement; but the power of the. State of Texas to amend the laws otherwise pertaining to the System, and to the benefits payable thereunder, is recognized and under- stood, and nothing in this Agreement is intended to be in derogation i .thereof. It is further agreed that in the event the City elects to I- grant to its employees increased benefits or additional coverages, which may be authorized by the TMRS Act, as now existing or as hereafter amended, such increases when granted shall be considered applicable to persons similarly situated who became members of the System pursuant to this agreement, without the necessity for amend- ment of this agreement. EXECUTED in duplicate originals, this the 5 r1CP_ day of February, 1976. (Signatures) Section IX. In accordance with the provisions of the TMRS Act, the deposits to be made to the Texas Municipal Retire - ment System on account of current service of the employees of the several participating departments are hereby fixed at the rate of five percent (50) of the earnings of each employee of said departments. -8- Section X. The City of Stephenville is ereby directed to remit 'co the Board of Trustees of the Texas Iunicipal Retirement System, at its office in Austin, Texas, the city's ontributions to the System and the amounts which shall be deducted Erom the compensation or payroll of employees, all as required by said Board under the provisions of TMRS Act, and the said official as hereby authorized and directed to ascertain and certify officially On behalf of the City of Stephenville, Texas, the prior service 'rendered to the said municipality by each of the employees -of the participating departments, and the average prior service compensa tion 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 of Stephenville, Texas, under the provisions of TMRS Act, and the rules and regulations of the Board of Trustees of the Texas Municipal Retirement System. Section XI. The fact that continuous retirement coverage should be provided for the employees of the City of Stephenville, creates an emergency and an imperative public necessity that the requirement that ordinances be read at three several meetings be suspended, and the said rule is hereby suspended, and that this ordinance take effect and be in force from and after its passage, and it is so enacted. Passed and approved this the 3rd day of February 1976. ATTEST: APPROVED: it ecretary or Clerk Mayor