Ordinance No. 1,144ORDINANCE NO. 1144
AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING "ANTECEDENT
SERVICE CREDIT" AND "SPECIAL PRIOR SERVICE CREDIT" AT THE RATES
HEREIN SPECIFIED, TO QUALIFYING EMPLOYEES OF THE CITY OF BAYTOWN,
TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: Each person who is an employee of the City of Baytown
on the 31st day of December, 1971 and who is at that date a member of the
Texas Municipal Retirement System shall be allowed, and, upon the terms and
conditions prescribed by Sec. XVI of Article 6243h. Vernon's Texas Civil
Statutes, as amended by Chapter 371, Acts Regular Session 61st Legislature,
is hereby granted, effective on the date last above mentioned, "antecedent
service credit" (as that term is defined in said Act) calculated on the basis
of one - hundred per cent (100 %) of each current service deposit actually made
by such person with the Texas Municipal Retirement System during each month
of current service performed for this city prior to the 31st day of December,
1971.
Section 2: Each person who is an employee of the City of Baytown
on the 31st day of December, 1971, and who at said date is a member of the
Texas Municipal Retirement System and who holds in said System an effective
prior service certificate granted by reason of service performed for this
City prior to its participation in said System, shall be allowed and is hereby
granted (upon the terms and conditions prescribed by Sec. XV of Article 6243h
Vernon's Texas Civil Statutes as amended by Chapter 371, Acts of the Regular
Session, 61st Legislature) a "Special Prior Service Credit" in an amount
equivalent to the accumulation at interest, as provided in said Act, of a
series of monthly payments of five per cent (5%) of the member's "average
prior service compensation" for the number of months of prior service certified
to in such member's prior service certificate. The special prior service credit
herein provided for shall be in addition to the prior service credit heretofore
allowed such member.
Any person who was employed by the City of Baytown prior to December
31, 1971, whose membership in Texas Municipal Retirement System by reason of
such service has not terminated, and who on said date is absent from service
in the employment of the City, shall be entitled to antecedent service credit
and to special prior service credit in the amount (if any) he would have
been allowed under Sections I and 2 hereof had he been in active service on
said date, provided such person again becomes an employee of the City before
termination of his said membership in Texas Municipal Retirement System and
within five years from the 31st day of December, 1971, and provided such per-
son thereupon continues as an employee of a participating department of the
City of Baytown for a period of five (5) consecutive years.
Section 3: Repealing Clause: All ordinances or parts of ordi-
nances inconsistent with the terms of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered
by this ordinance.
Section 4: Savings Clause: If any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be severable.
Section 5: Effective Date: This ordinance shall take effect
from and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 20th day of December
1971
GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
City Attorney