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HomeMy WebLinkAbout1999-09-07 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 7,1999 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on September 7, 1999, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Mayor Pro -Tern Council members Others Attending I. CALL TO ORDER John Moser Barbara Terrell Ed Horton Joel Hillin Marshall Shelton Bill Corbin Rusty Jergins Bea Marin Wm. H. Stanley Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor John Moser called the meeting of the Stephenville City Council to order at 5:30 p.m. on Tuesday, September 7, 1999. Mayor Moser declared a quorum present. City Administrator Don Davis introduced Ty Cooke, who is a council member from Lubbock, Texas. Cooke is a friend of Davis' and stopped by on his way through town. II. CITIZENS' GENERAL DISCUSSION Betty Heath spoke about the water conservation plan that has been activated. She said that she does not object to the restricted use of water but does object to the hours which citizens are given for outside watering purposes. She stated that the watering hours of 12:00 a.m. to 10:00 a.m. and 8:00 p.m. to 12:00 a.m. are restrictive and inconvenient. Heath also waters at the Historical House Museum which places an General Business Meeting— September 7, 1999 Stephenville City Council 391 additional burden on her. She stated that elderly people have fallen when trying to move their hoses while watering in the late night hours. She asked the council to look at the policy to determine if some change could be made. III. PUBLIC HEARING ON THE PROPOSED TAX RATE Mayor Moser stated that the purpose of the public hearing is to hear from citizens, both for and against, the proposed tax rate. Mayor Moser opened the public hearing on the proposed tax rate. Speaking in Favor of the Proposed Tax Rate: No One Speaking in Opposition to the Proposed Tax Rate: No One Mayor Moser closed the public hearing. IV. CONSIDER SETTING THE DATE TO VOTE ON TAX RATE MOTION by Rusty Jergins, second by Bill Corbin, to set Tuesday, September 21, 1999 as the date to vote on the proposed tax rate. MOTION CARRIED by unanimous vote. V. PUBLIC HEARING A. Public Hearing to Consider Amending the City of Stephenville Zoning Ordinance to Provide Landscape Requirements B. Consider an Ordinance Amending the City of Stephenville Zoning Ordinance to Provide Landscape Requirements City Administrator Don Davis reviewed the history of this item. About two years ago, the City Council met with the Planning and Zoning Commission to discuss the possibility of changing the landscape requirements in the Zoning Ordinance. Presently, the requirements are that one percent of the total acreage within any development be dedicated toward landscaping. The Planning and Zoning Commission and city staff spent many hours working on this effort. Recommendations were given to the council several months ago; and, after public hearing, the council referred this to the Planning and Development Committee for further review. The Planning and Development Committee has considered this matter and is recommending the ordinance as submitted. General Business Meeting— September 7, 1999 Stephenville City Council 392 Davis stated that basically, the changes are that landscape requirements be tied to lot size. Residential zoning will be excluded from consideration. The recommendations presented at this meeting only apply to multi - family residential districts with five or more units, business districts, and industrial district. The tiers being recommended are for a development with a lot size of one acre or less have three percent of the lot size dedicated to landscape area; lot size of one to ten acres have five percent of the lot size dedicated to landscape area; and lot size of ten acres or greater, to have ten percent of the lot size dedicated to landscape area. Mayor Moser opened the public hearing. Speaking in Favor of the Proposal: No One Speaking in Opposition to the Proposal: No One MOTION by Rusty Jergins, second by Barbara Terrell, to adopt Ordinance No. 1999- 24 amending Section XIII "Additional Use, Height and Area Regulations" of the Zoning Ordinance of the City of Stephenville, Texas, to establish landscape regulations in the City of Stephenville, Texas. MOTION CARRIED by the following vote: Ayes: Council members Horton, Terrell, Hillin, Stanley, Corbin, Jergins, and Marin. Noes: Council member Shelton. VI. PUBLIC HEARING ON REQUEST TO REZONE FROM B -2, "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO B -4 "PRIVATE CLUB DISTRICT ", LOT 32, BLOCK 139, CITY ADDITION, LOCATED IN THE 2100 BLOCK OF WEST WASHINGTON Mayor Moser explained that although this public hearing had been advertised in the newspaper, the Planning and Zoning Commission had subsequently tabled this item to its September 16'h meeting. Therefore, a public hearing will be held to hear comments, but no action will be taken by the council Mayor Moser opened the public hearing. Speaking in Favor of the Rezoning: No One Speaking in Opposition to the Rezoning: No One Mayor Moser closed the public hearing. General Business Meeting — September 7, 1999 Stephenville City Council y 393 VII. PARK AND RECREATION ADVISORY BOARD A. Accept Park Improvement Budget B. Award Bids for Park Improvements Davis reported that many hours and much effort has been expended on this project. Members of the Park and Recreation Advisory Board were recognized, and those present were Steve Gunn, Chairman, Bee Bentley, Caryl Chilton, and Mark Murphy. Special mention was made of committee member Harold Campbell, who recently died. Campbell was a charter member of the Park and Recreation Advisory Board. Other committee members are Annette Bradberry and Sam Taylor. Davis reported that the board recommends the city council accept the base bid of $829,000.00 submitted by Ed A. Wilson, Inc. Ronnie Isham, Director of Community Services, reminded the council that the city has a $441,547.00 grant, city monies budgeted in the amount of $600,000.00, and a donation from the Cross Timbers Fine Arts Council and the Terrell Family amounting to $30,000.00. MOTION by Barbara Terrell, second by Bill Stanley, to accept the recommendations from the Park and Recreation Advisory Board by awarding the following bids: Base bid from Ed A. Wilson, Inc. in the amount of $829,000.00; Installation of underground electrical transmission lines by TXU Electric, in the amount of $22,500.00; Relocation of ballfield lighting by Musgrow Electric, in the amount of $89,600.00; and to transfer $50,000.00 from reserves to fund the deficit that this would create in the overall budget. MOTION CARRIED by unanimous vote. VIII. CONSIDER PROPOSAL FROM HDR ENGINEERING, INC. FOR REHABILITATION OF THE TAYLOR SOUTH WELL Don Davis gave background information on this issue. In February, 1999, the council approved a proposal from Well Spec Company, owned by Joe Vickers. The proposal was to review the existing reports, geophysical logs, and down hole surveys to review the previous rehab projects which had been undertaken on this well and also on the Huey II well. Also the proposal called for visits with some of the drillers and begin work on proposing a rehab program for these two wells. Shortly after Joe Vickers was employed, some delays were encountered. Specifically, Vickers was General Business Meeting— September 7, 1999 Stephenville City Council 394 called to court proceedings as an expert witness in Austin, and was unable to proceed with our timetable. Vickers did review the videotapes of the wells and some of the reports. It became necessary for the city to halt the project as we moved closer to our heavy - consumption period of the year. This matter is now being brought back to the council, and this company comes highly recommended. Staff is now recommending that the council employ HDR Engineering, Inc. for this rehab work. Davis mentioned that Larry Land with HDR was present for the council meeting. Davis added that Joe Vickers will be used on this project under the supervision of Larry Land and in conjunction with Larry Land's and HDR's proposals. Davis stated that the plan is to try to get the Taylor South Well along with two or three other wells back in service or increased production prior to the Spring of 2000. Larry Land spoke on this issue. He pointed out that this is a measure to revitalize this well. Essentially, what they propose to do is taking out the screens in the well, put in a new well screen with new gravel, pack it off and redevelop it. He outlined the tasks which are set out in the agreement (attached). Mayor Moser and Council member Stanley expressed concerns that there may be further delays in this project, and Moser stated that he was looking for some assurances that the city would not be in the same situation next summer. MOTION by Ed Horton, second by Barbara Terrell, to approve the proposal from HDR Engineering, Inc. for the rehabilitation of the Taylor South Well. MOTION CARRIED by unanimous roll call vote. IX. CONSIDER TRANSPORTATION CONTRACT WITH ERATH COUNTY SENIOR CITIZENS, INC. MOTION by Rusty Jergins, second by Marshall Shelton, to approve the Transportation Agreement between the City of Stephenville and Erath County Senior Citizens, Inc. MOTION CARRIED by unanimous vote. X. NOMINATIONS COMMITTEE MOTION by Bill Corbin, second by Rusty Jergins, to approve the following nominations: Charles Howard to the Board of Adjustment (term to end December 31, 1999); Bud Seward to the Airport Advisory Board (term to end December 31, 2000); General Business Meeting — September 7, 1999 Stephenville City Council 3 Q5 Lindy Boyd to Place 1 of the Planning and Zoning Commission (term to end December 31, 2000); and John Pollan to Place 4 of the Planning and Zoning Commission (term to end December 31, 1999). MOTION CARRIED by unanimous vote. XI. SOLID WASTE COMMITTEE REPORT— Consider Survey Form and Procedures for Curbside Recycling Joel Hillin made this report, stated that it is the committee's recommendation to implement a curbside recycling program and survey citizens to determine which option for collection they preferred. He reported that Waste Management will pay $1,500.00 towards the cost of preparing and mailing the survey. Discussion was had on this item, with some council members desiring to survey residents on their preference of recycling or not recycling. Other council members desired to accept the recommendation of the committee and implement a curbside recycling program and survey citizens only on their preference of collection. MOTION by Bea Maria, second by Joel Hillin, to approve sending a survey to citizens, tabulate the results, bring them back to the council to discuss for farther consideration [approve the survey as presented by the Solid Waste Management Committee]. MOTION by Bill Stanley, second by Marshall Shelton, to amend the motion by including a direct question, "Do you favor recycling under the following options ?" The Mayor stated that he has reservations in which the draft survey presents the issue to the public. He stated that his reservations center on the draft survey's assumption that the council has already decided to adopt a recycling plan and the public's only input will be to decide which recycling option to adopt. He said his understanding of the purpose of the survey was to fast to determine if there is public support for the idea of recycling, and if there is, which of several options the public would prefer. Bob Kimball with New Earth Paper Recycling spoke about this issue. He said that he wanted to hear the council's discussion to determine what effect, if any, this will have on his business. Elizabeth Zickefoose told the council members said that she would be disappointed if the citizens were not given an opportunity to respond to the issue of recycling. Vote was taken on the amendment to the motion. MOTION CARRIED by the following vote: General Business Meeting— September 7, 1999 Stephenville City Council 396 Ayes: Council members Horton, Shelton, Hillin, Stanley, Corbin, Jergins, and Marin. Noes: Council member Terrell. Vote was then taken on the amended motion. MOTION CARRIED by unanimous vote. MOTION by Bea Marin, second by Bill Stanley, to mail a copy of the survey to each water customer, at an estimated cost of $1,800.00. MOTION CARRIED by unanimous vote. XU. WATER PLANNING COMMITTEE — Consider Authorizing Negotiations for Engineering Services with HDR Engineering, Inc. for Water Implementation Plan Council member Terrell reported that the committee has interviewed three firms for this work, Carter Burgess, Inc., Alan Plummer, Inc., and HDR Engineering, Inc. MOTION by Barbara Terrell, second by Bill Corbin, to select HDR Engineering, Inc. as the firm for the staff to negotiate with for developing a scope of work and negotiate a price for the water implementation plan. Bill Stanley stated that he is opposed to the motion and asked for time to state his reasons for opposition. His objections to HDR Engineering are as follows: 1. Gross error in the report of the level of water in the Trinity Aquifer. 2. Gross error in the report of the amount of water recharged into the Trinity Aquifer. 3. Gross error in the report of the amount of water used for irrigation and dairies. 4. Gross error in the report of the rate of decline of water level in the Trinity Aquifer. 5. Preliminary report was two months late. 6. Final report was six months late. Discussion by council members followed. MOTION was made by Bill Stanley, second by Marshall Shelton, to amend the motion by substituting the firm of Alan Plummer and Associates, Inc. for HDR Engineering, Inc. MOTION FAILED by the following vote: Ayes: Council members Shelton and Stanley Noes: Council members Marin, Jergins, Corbin, Hillin, Terrell, and Horton. General Business Meeting— September 7, 1999 Stephenville City Council 397 Vote on the original motion was taken as follows: Ayes: Council members Marin, Jergins, Corbin, Hillin, Terrell, and Horton. Noes: Council members Shelton and Stanley. MOTION CARRIED to select HDR Engineering, Inc. as the firm for the staff to negotiate with for developing a scope of work and negotiate a price for the water implementation plan. Mayor Moser announced that Item C. Authorize the Sale of 1983 BMW has been withdrawn from the Consent Agenda. Council member Shelton requested that Item D. Ordinance Authorizing an Increase in the Retirement System be removed from the Consent Agenda. MOTION by Rusty Jergins, second by Bea Marin, to adopt the Consent Agenda consisting of Items A. and B. MOTION CARRIED by unanimous roll call vote. XIII. CONSENT AGENDA Mayor Moser announced that Item C. Authorize the Sale of 1983 BMW has been withdrawn from the Consent Agenda. Council member Shelton requested that Item D. Ordinance Authorizing an Increase in the Retirement System be removed from the Consent Agenda. MOTION by Rusty Jergins, second by Bea Marin, to adopt the Consent Agenda consisting of Items A. and B. MOTION CARRIED by unanimous roll call vote. A. Approval of Minutes 1. Regular Business Meeting on August 3, 1999 2. Special Council Meeting on August 17, 1999 3. Special Council Meeting on August 24, 1999 B. Bid Specifications 1. Food Service Inspections 2. Maintenance Uniforms C. Authorize the Sale of 1983 BMW D. Ordinance Authorizing an Increase in the Retirement System Discussion was had concerning Item D. Ordinance Authorizing an Increase in the Retirement System. MOTION by Rusty Jergins, second by Bea Mann, to adopt Ordinance No. 1999 -25 identified as Item D of the Consent Agenda. During General Business Meeting— September 7, 1999 Stephenville City Council 398 discussion, Marshall Shelton said that he was in favor of six percent or seven percent retirement rate; however Shelton favors funding other priorities at this time. MOTION CARRIED by the following vote: Ayes: Council members Horton, Terrell, Hillin, Stanley, Corbin, Jergins, and Maria. Noes: Council member Shelton. XIV. CITY ADMINISTRATOR'S REPORT • Mark Kaiser — Auction Kaiser gave to each council member a copy of the proposed new water bill. The city will be working with Erath County Electric Cooperative Association, who will print, fold, stuff, and mail with a return envelope the city's utility bills. Kaiser reminded the council that this expenditure was approved with the 1999 -2000 budget. Vehicles were recently sold at the City of Abilene's auction. Three fire trucks, three police cars, and an ambulance were sold at this auction, and net proceeds from the sale were $40,318.00. Kaiser then reported on the city's application for a Community Development Block Grant for water replacement lines in the area of Central Elementary School. Mayor Pro -Tem Terrell made the presentation to the Regional Review Committee of the North Central Texas Council of Governments. Within Stephenville's region, there were 70 applicants. Stephenville placed 39', and 34.5 projects are being funded. In scoring points, Kaiser reported that Stephenville scored 313 points out of a possible 350. • Danny Johnson —Water Production Johnson praised the city water crews for their hard work and dedication during the recent mandatory water conservation program. Johnson said that since he seems we are over the crisis, he hopes to begin maintenance on the city's water wells. Johnson further added that August, 1980 was the highest water consumption period in the city's history where over 127 million gallons of water were pumped. In August, 1999, 119 million gallons of water were pumped. He credited the management forces for the success in meeting this demand. Over 500 contacts were made with citizens by water crew personnel and police officers in an effort to educate them concerning our water conservation program. Johnson responded to a recent editorial column in the Empire- Tribune. Johnson said that although the water program was reported to be a failure in the newspaper, that in fact it was a success. The management plan worked, and it accomplished what we General Business Meeting— September 7, 1999 Stephenville City Council 399 intended. There was no water rationing. There was enough water for fire suppression. There was water for landscape purposes, although limited. The average daily usage of water during the month of August was under 4 million gallons per day, which was the goal of the city. Brittain Circle sewer line project will be finalized this week. • Ronnie Isham — College Farm Road Bridge Isham reported that TxDOT received only bid on this project, which bid was about triple the estimate for the project. The project will be rebid, which will result in further delays in this construction. XV. EXECUTIVE SESSION. In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.071 Consultations with Attorney. A. Docket No.1999- 0730- IHW -E; In the Matter of an Enforcement Action against Erath Recycling, Inc.; SWR No. None; Enforcement ID No. 364 B. Potential Violations of Open Meetings Act C. Claim of Mike and Cheryl Longley XVI. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION (if necessary) The council took no action on matters discussed in executive session. XVIL AJOURN MOTION by Rusty Jergins, seconded by Bea Marin, to adjourn the meeting. Motion carried by unanimous approval at 9:58 p.m. 0.64 7 xlzz� J Moser, Mayor ATTEST: 10 T11 a •" ffrZ I no I .� General Business Meeting— September 7, 1999 Stephenville City Council 400 ORDINANCE NO. 1999 - ?4 AN ORDINANCE AMENDING SECTION XIH "ADDITIONAL USE, HEIGHT AND AREA REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, TO ESTABLISH LANDSCAPE REGULATIONS IN THE CITY OF STEPHENVILLE, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION XIII, "ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE IS HEREBY AMENDED BY ADDING SUBSECTION IV AND SHALL READ AS FOLLOWS: SECTION XIII ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS I. USE REGULATIONS: A. Railroad Rights of Way: On all existing rights -of -way of railroad companies, regardless of the zoning district in which such rights -of -way are located, railroad trackage and accessories to railroad movement may be constructed or maintained. II. AREA AND DENSITY REGULATIONS: A. In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above commercial. or industrial uses, no side yards will be required for the residential portions of the building. B. No yard or other open space provided about any building for the purposes of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the _rear yard and except in the ordinary projections of skylights, sills, belt courses, corn - nices, and other ornamental features which may project into such yards a distance of not more than two (2) feet. MMUOrd.Sept7 -99 e I 2. A side yard of not less than twenty-five (25') feet on the side of the lot adjoining on an R -1, R -2MM, or R -3 District shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi - public buildings hereafter erected or structurally altered. 3. Garage detached or attached to the main use building entering on the side street of a corner lot shall maintain a side yard of twenty (20') feet in front of the garage. G. Rear Yard: 1) In computing the depth of a rear yard where such yard opens into an alley, one- half (1/2) of the width of such alley may be assumed to be a portion of the required yard. M. GARBAGE COLLECTION AND REFUSE RECEPTICLES: ORD. AMENDED 01/03/89 01/03/89 In the R -3, B -1, B -2, B -3, B-4, AND I Districts, there will be provided a serviceable area designated for refuse collection. These zoning districts will be provided with refuse collection by means of canisters. The designated areas shall consist of an area of forty- two (42) square feet. Each canister space to have dimensions of seven (7') feet width and six feet (6) depth. A cement slab shall be provided to facilitate placement of the canister. The canister will have a privacy enclosure on three (3) sides. IV. LANDSCAPE REGULATIONS R -3 "Multiple Family Residential District" (five or more units), B -1 `Neighborhood Business District ", B -2 `Secondary and Highway Business District ",B -3" Central Business District", B -4 `Private Club District" and I `Industrial District" development shall provide landscaped areas, meeting the definition of "green space" as outlined in SECTIONIII of this ordinance, in accordance with the followingguidelines: LOT SIZE LANSCAPED AREA Less than I acre I acre to 10 acres 10 acres plus 3% of lot S% of lot 10% of lot Landscaped areas shall be permanently maintained in a healthy growing condition at all times. 03 M/BGOrd.Sepo -99 ORDINANCE NO. 1999-25 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF STEPHENVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Authorization of Updated Service Credits (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT "), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System ") who has current service credit or prior service credit in the System in force and effect on the V day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that terms is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1' day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit' of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. TA4RS —Page 1 September 7, 1999 (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the city. Section Two Increase in Retirement Annuities (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. Section Three Dates of Allowances and Increases The initial allowance of Updated Service Credit and Increase in Retirement Annuities hereunder shall be effective on January 1, 2000, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under Subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth ion subsection (d) of Section 853.404 of the TMRS Act. TMRS — Page 2 September 7, 1999 BE IT FURTHER ORDAINED: Increased Deposit Rate: All employees of the City, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of 6% of their individual earnings effective October 1, 1999. PASSED AND APPROVED this 7th day of September, 1999. ATTEST: Cindy L afford, C' ity etary Reviewed by Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney TMRS — Page 3 September 7, 1999