ORD 1994-43 - TMRS Prior Service Credit - ELMUD 11-15-1994ORDINANCE NO. 94 -43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR AND GRANTING PRIOR
SERVICE CREDIT IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM
TO EMPLOYEES OF THE CITY OF HUNTSVILLE, TEXAS, WHO WERE
EMPLOYEES OF THE ELKINS LAKE MUNICIPAL UTILITY DISTRICT
AT THE TIME THE ELKINS LAKE MUNICIPAL UTILITY DISTRICT
AND ROAD DISTRICT WAS ACQUIRED BY THE CITY OF
HUNTSVILLE, TEXAS; PROVIDING FOR FUNDING OF ALL OF THE
OBLIGATIONS UNDERTAKEN BY THE CITY BY REASON OF THE
GRANTING OF SUCH CREDIT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS Section 853.301 of Subtitle G of Title 8 of the Government Code, as amended,
authorizes the governing body of a participating municipality which has acquired
a public hospital, utility or other public facility subsequent to the municipality's
participation in the Texas Municipal Retirement System (the "System ") to grant
"prior service credit" in the System to members employed by the participating
municipality for service performed by the member as an employee of the public
hospital, utility, or other public facility during a period of time the facility was
operated by a unit of government, other than the municipality, before the date of
acquisition of the facility by the municipality; and
WHEREAS the Elkins Lake Municipal Utility District and Road District (the "District ") is a
facility which, prior to October 1, 1994, was operated by a unit of government
other than the City of Huntsville, Texas (the "City "); and
WHEREAS the City Council of the City of Huntsville finds that it will be in the public
interest of the City to grant prior service credit in the System for service
performed in the District prior to the Acquisition Date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: That the City hereby authorizes the granting of prior service credit pursuant to
Section 63.301 of the Act for service performed in the District during all periods
of time prior to the Acquisition Date when the District was operated by a unit of
government other than the City.
SECTION 2: That the City Secretary is hereby authorized and directed to ascertain and certify
officially to the Board of Trustees of the Texas Municipal Retirement System: a)
the names of those persons who were employed by the District on the Acquisition
Date and who is eligible for prior service credit pursuant to Section 853,301 of
the Act, and under this Ordinance; b) the amount of credit to which each such
person is entitled; c) each such person's average prior service compensation as
that term is defined in Section 853.104 of the Act; and d) all such other
information as may be required under the rules and regulations of the Board of
Trustees of the System.
SECTION 3: All Credit authorized under this Ordinance shall be treated as if it were performed
for the City, and all sums of money that may be computed by the System's
actuary as being necessary to fund the credit hereby granted shall constitute a
charge against the City's account in the municipality accumulation fund of the
System.
SECTION 4: This Ordinance shall become effective on the 1st day of the month following the
date upon which the certification described in Section 2, above is received by the
System.
PASSED AND APPROVED this the 15th day of November, 1994.
THE CITY OF HUNTSVILLE
W. H. Hodges, Mayor
ATTEST:
,L121./1_,M)
kAanna Welter, City Secretary
APP' '1 VED:
Scott Bou ds, City Attorney