CC Resolution No. 24 RESOLUTION N0. 24-6-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN SUPPLEMENTING ARTICLE 3, SECTION 51-f OF
THE TEXAS CONSTITUTION AND ARTICLE 6243-h, VERNON'S
ANNOTATED TEXAS STATUTES AND ORDINANCE NO. 145 OF
THE CITY OF BAYTOWN SO AS TO PROVIDE FOR AN ORDERLY
RETIREMENT SYSTEM FOR THIS CITY FOR THE BENEFIT OF
THE AFFECTED EMPLOYEES SO AS TO INCREASE THE MORALE
OF THE EMPLOYEES AND TO INCREASE THE EFFICIENCY AND
ECONOMY OF I'M CITY'S OPERATIONS.
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WHEREAS, the Texas Constitution was amended in 1944 to permit the
Legislature to provide for retirement and disability pensions for city employees;
and,
WHEREAS, in 1951, pursuant thereto, the Texas Legislature enacted a compre-
hensive retirement and disability pension plan for municipal employees; and,
WHEREAS, the City Council of the City of Baytown took advantage of this
State enactment by Ordinance No. 145 in 1952; and,
WHEREAS, the rights, duties and privileges of an employee are carefully set
forth in the Constitution, Statutes and City Ordinance and leaves very little
discretionary power with individual cities; and,
WHEREAS, the City Council wishes to define and formally adopt, in writing,
the limited discretionary authority vested in it; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown is of the opinion
that all of the employees of this City, including future employees, should be
apprised of their retirement and disability rights so as to enable them to plan
for their future and that an orderly retirement and disability program will raise
the morale of the affected employees thereby improving the efficiency and economy
of the City's operations.
Section 2: That the City shall henceforth be governed by the retirement
provisions of Article 6243-h, Vernon's Annotated Texas Statutes, and to this end
be it resolved that any employee who reached his 65th birthday on or before Dec-
ember 31, 1962, and has 15 years of service shall be retired on or before the
City's fiscal year ending September 30, 1963. That each employee shall be retired
by the City on the last day of the calendar year in which he completed 15 years
of creditable service, whichever shall last occur.
Provided, however, that in exceptional cases and for substantial cause, any
retirement may be deferred for a period not to exceed one year at a time. "Ex-
ceptional cases and for substantial cause" - is hereby construed by the City
Council to mean that the employee must be unusually productive and/or his vitally
needed and unique talents are considered highly desirable to extend his employment.
Provided further, that any employment extensions of Department Heads beyond
their 65th birthday, must be approved by the City Council before they are effect-
ive.
Section 3: That the City Manager is hereby authorized and directed to ad-
minister the dictates of this resolution to the end that there will be an orderly
retirement and disability pension plan and that the employees shall be properly
apprised thereof. That he shall see to it that replacements are qualified and
hired as soon as possible so retirement eligibility dates specified above shall
be met without without working an undue hardship on the present employees.
INTRODUCED, READ and PASSED by the City Council this 13th day of June,
1963.
C. L. (Lee) Liggett, N.D. , Mayor
ATTTEEST:
Edna Oliver, City Clerk
APPROVED:
George Chandler, City Attorney