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HomeMy WebLinkAboutResolution - 082555D - Order Election - TMRS City Employee Members - Held 9_21_55 - 08_25_1955 ­D! y. RESOLUTION A RESOLUTION ORDERING AN ELECTION TO BE HELD FOR ENP OYEES OF THE CITY OF LUBBOCK WHO ARE MEMBERS OF THE TEI$AS MUNICIPAL RETIREMENT SYSTEMV WHEREIN SUCH EMPLOYEES SHALL BE ENTITLED TO VOTE UPON THE QUESTION OF WHETHER THE RATE OF DEPOSITS IL TH THE TEXAS MUNICIPAL RETIREMENT SYSTEM SHALL BE REDUCED FROM FIVE (5) PERCENT OF EARNINGS TO THREE (3) PERCENT OF EARNINGS, WITH CORRESPONDING REDUCTIONS IN SERVICE BENEFITS PAYABLE BY SAID SYSTEM;, PRESCRIBING THE TDE AND PLACE OF SUCH ELECTION; DESIGNATING THE OFFICERS OF SUCH ELECTION AND PRE- SCRIBING THEIR DUTIES AND FUNCTIONS; PRESCRIBING THE .FORM OF NOTICE'AND THE MANNER-OF GIVING NOTICE OF SUCH ELECTION AND MAKING RETURNS THEREOF; PRESCRIB- ING THE FORM OF BALLOT TO BE USED IN SUCH ELECTION; PROVIDING FOR THE FURNISH- ING OF ELECTION SUPPLIES; PRESCRIBING THE TIME OF OPENING OF THEPOLIS; PRE- SCRIBING THE METHOD OF CONDUCTING SUCH ELECTION, DETERMINING RESULTS AND MAKING RETURNS THEREOF; AND OTHER MATTERS INCIDENTAL TO THE ORDERING, GIVING NOTICE, CONDUCTING, DETERMINING RESULTS AND MAKING RETURNS OF SUCH ELECTION. WHEREAS, it appears to the City Gommission that it will not be possible for employees-'of the City of Lubbock who are covered by the Texas Municipal Retirement System to add Social Security (Federal Old Age and Survivorts In- surance) coverage unless contributions -to and benef its 'unddi the Texas Muni cipal Retirement"System are reduced from five (5) percenttbo three (3) percent of the earnings of participating employees of' the City of Lubbock, whereby-the total contribution by such participating employees to both Systems shall not exceed five (5) percent of the earnings, which sum is to be matched by the City; and, WHEREAS, pursuant to the provisions of SenateBill No. I" Acts of the 54th Legislature of the State of T®xas, the Board of Trustees, of the Texas Municipal Retirement System-has adopted certain rules and regulations governing the holding of elections upon the question of whether the rate of deposits for current-service shall be reduced from five (5) percent to three (3) percent of earnings, with corresponding reductions in current 'serviee benefits payable by said Municipal Retirement System, and, tinder such rules and regulations, such election' dhill be held within aro, participating municipality when so ordered by the governing body of said municipality in accordance with such rules and regulations; and, WHEREAS, under such"rules and regulations such election must be held at some date within the first nine (9) months of the calendar year and no more than one (1) such-election may be held within any one (1) calendar year, and the -CityCommission deems 'it' e xpediamt andmece®sary that such election shall be ordered and held at the earliest practicable date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C0144ISSION OF THE CITY OF LUBBOCK: SECTION 1. ORDERING OF ELECTION. THAT an election-BE," and the-saws is hereby ordered to be held in the City of Lubbock, Texas, on the 21st day of September 1955, between the hours f21 0e255S D of'7 A.M..and'7 P.M.' ` n th6 City Commission Room in-the-City Hall in the City of Wbbock� Lubbock Codnty, Texas, upon`the question 'of`whether'the rate 'of deposits "with the Texas Municipal Retirement System on account of future-employment "shall be 'zeduc®d (with -resulting'reductions in`retirement benefits to'employees by reason of membership in such System) from the pre- sent rate of five (5) percent of earnings to three (3) percent of earnings. 'Such election will be by secret ballot. All employees of the 'City of Lubbock who are members of the Texas Munici al Retirement System (eicept- employees of the Police'.aad"Fire Department -sahll be entitled to Tote at such election: If `the pro oral to reduce such contributions and.'benefits carries 'by two-thirds .(21'3 `vote of all imployees- in the City who are elibi- ble to Tote in-such election, the City Commissio4 by Ordinance, may place such reductions into effect at the beginning of the next calendar year. SECTION 2. _NOTICE OF ELECTION. The City Secretary-Treasurer shall give notice of said election in the form and manner hereinafter prescribed. r SECTION 3. NOTICE OF ELECTION. (a) Notice of such election shall be in substantially the following forms NOOTICE OF RETIREMENT SYSTEM ELECTION. *To the Employees of the 'City of Lubbock, Texas, who are Members of the Texas Municipal Retirement Systems eTake'aotice that on the 21st day' of September, 1955 an election will be held between the-hours of 7 A:M.-'and 17-P.X in the City Commission Room in the City"Hall upon the question"of whether1'the rate of'deposits' with the Texas Municipal 16tirement System on ac6bulit -of future employment shall be reduced (with resulting reduction in retirement benefits allowable to em- ployees' by reason of- members-hip in',sudh System) from: tM present rate of five (5) percent3) percen engs.M of earnings to three t.( .. _ . ofarni ._ .. .. : n by Retiresisnt "employees of this City whotare®members of the Texas Muniaipaln ballot: $ys m (except employees of the Police and Fire Departments) shall be' entitlsd to vote at such election. 062S69D_ lithe proposal to-reduce such contributions and benefits carries�by-tiro s (2/3) vote of all employees in the City who are eligible to vote in such eleotionp the City Commissions by Ordinance, may place such reduction into effect at the beginning of the next calendar year. "This notice is given pursuant to the Resolution adopted by the City Commission on the 25th day of August, 1955. City Secretary-Treasurer (b) Time and Method of Notice; Proof of Notice. 1) A copy of the' notice of election shall 'be posted at the prinei- pal entrances of the City Hall,­and 'if there are other miinicipal bc3_ldings'at which ten or more City Employees are stationed, than a copy shall also- 'be posted at the principal-entranee of each building.` Such copies shall be posted at least twenty days prior to the date fixed-for such election: - The officer post- ing said notice shell make a certificate of`the fact of posting, and shall file one copy-thereof in his office, and shall forward the other to the Director of the Texas Kmicipal Retirement System. (2) Facsimilie copies of such notice shall also be delivered to each em- ployee who is a member of the Texas Municipal Retirement System along 'vith do-- livery of his paycheck or salary payment-made to him.'not more-than thirty nor less than ten days preceding such election. The certificate of-the-official in charge of making such payments shall be sufficient'evidence of compliance with this requirement. SECTION 4. OFFICERS OF EIMTION. Ely Fonviile is,.hereby designated as presiding Judge .of $aid election and Marion Key and _ fly "are hereby designated as Clerks 'to as- sist the presiding Judge. Eaeh-person serving as Judge or Clerk in such election Ohl l be paid the siim 'of $1.'00 ,ger hour In the event the above named election Judge is unable to serve, u. �Lt Tom 'Duggan. is hereby named ` to serve in such capacity. �In the event the above named Marion Key shall be unable to serve` as Clerk, Albert Sims is, hereby named to serve in such capaeity.and in the event the above named J. L. Holt is unable to-serv®i .William E. Mrf ee -., .- __-is, hereby desigmtdd to,serve as Clerk in such election. SECTION 5. SUPPLIES FOR ELECTION: LIST OF VOTERS. The City Auditor_ of the City of Lubbock shall prepare for use of and shall deliver to the presiding Judge at least three days prior to such elec- tion, a certified list of the employees eligible to vote in such election. Said officer shall also procure from the Director of the Texas Municipal Retirement System one and one-half times as-many ballots-'as there are persons p P and such other election sup=certified as eligible-voters-at such election lies` (exce ti ballot boxes) as may be necessary to conduct such election. Such supplies shall be delivered to the presiding Judge or Judges at least one day preceding the date of the election. SECTION 6. FORM OF BALWT: SUPPLIES FURNISHED BY TEXAS MUNICIPAL RETIMM SYST The ballot to be used-at such election shall be furnished'by Texas"Muni- cipal Retirement System upon timely request made to the Directors as provided in Section 5. It"shall bear a distinguishing number, and- the same number shall be printed on a perforated tab attached to the ballot. The ballot shall also have printed thereon the following: &OFFICIAL BALLOT TEXAS MUNICIPAL RETIRE MT SYSTEM& &For the proposal to reduce current service deposits to the Texas Muni- cipal .Retirement System from five (5) percent of earnings to three (3) per- cent of earnings, it-being understood that retirement benefits payable by such System will consequently be reduced.& and, "gainst the proposal'"to reduce current s®rvice"deposits to Texas Muni- cipal'Retirement System from five (5) percent of earnings to three (3) per- dent of earnings, i"t "being understood that retirement benefits payable by such System will consequently be reduced.& SEC�CTIOK 7. TIME OF OPENING AND CLOSING POUSt CONDUCT OF ELECTION. -(a) The presiding Judge of therelection shall open the polls at seven otclock'A. M.'oh the day appointed for such election and shall keep the polls open until seven o'clock P. M. (b) The presiding"Judge`shall cause each person offering to vote to be identified, and shall not allow iny ,person to vote at his-bok'whose name does not appear on the list of persons certified as eligible to vote in such elec- tion at that polling place. If any person protests any decision of the presiding_Judge, Such protest shall--be reduced 'to irritibg,' signed'b, the Judge and the protestant; and the same shall be forwarded to the Dir®cfor'of the Texas Municipal-Retirement System along with the Director's copy of the returns of election. (e) When the voter has been-properly identified as a qualified voter at such election, he shall be allowed to`-select a ballot; -and the fact of his voting shall thereupon'be stamped alongside his name oii the certified list of voters. No person shall be allowed to vote more than one time, nor be al- lowed to change or recall his ballot once depositede (d) The_,I shall be' afforded a place where'he can mark his ballot in privacy. He shall indicate his"choice by striking out the language on th® ballot which is in opposition to his desire, leaving unmarked the language which bespeaks his vote upon the proposal. (e)' Each person shall write his name on the perforated stub attached"to the ballot; •and he -shall-detach the stub and deposit it in a sealed,etnb-boa. He shall then deposit his ballot in the unsealed ballot box. (f) As soon after "closing"of the'polls :as possible, tie"Judge of the election shall- count the ballots, 'and tally the ballots as-voted. The Judge ,�- shall thereupon make odt in triplicate a'certified`return of the results of such election on the _forms-furnished 'by the Director' The'Judge shall promptly forward one copy of the return to the Dire ctor,' Texas Municipal'_Retirement, System; the second copy shall be addressed to the`governinglhb& of the City and-shall be delivered along with the sealed ballot-stub box, and stubs eh- closed, and locked ballot boxes with ballots"enclosed, to the City 86cretary- Treasurer; and the third copy of the return shall be retained by the Judge. He shall also deliver to the City Clerk or Secretary the ballot box with the voted ballots, and a copy of„tally sheets sealed therein. (g)V The City Secretary-Treasurer shall keep inviolate the ballot boxes and ballot-stub boxes delivered to him for a period of 60 days, and for as long thereafter as the Director by writing delivered within such'"60-day period may require. The Clerk or Secretary shall promptly post notice of the results of such election at the same-places where the-notice of election were posted, and shall promptly deliver to the-governing body at its next meeting the copy of the return addressed to that body. SEI:TION 8, ORDINANCE RIDIICING RATE: CERTIFICATION: EFFMTIVE DATE OF RMUCTION: `The City Commission may place the reduction voted into effect at the first day of'-January of the following year, by adopting an Ordinance-to that effect, at least ninety days prior to said date, and by delivering a copy'-of such Ordi- nance to the Director of Texas Municipa31 Retirement System at least sixty days prior to said date. 4 r ' 91 `� SECTION CONTEST OF EIMTION. Aziy contest of' the election`shill be made in writing`to the Board of Trustees of Texas Municipal Retirement System, and said Board will hear and determine such contest. Decision of this Board of Trustees on all such con- tests shall be final and non-appealable. SECTION 10. RULES AND REGULATIONS TO GOVERN ELECTION. Said election-shall be conducted-in ill-respects-in accordance -with the rules and regulations governing-the holding of elections on the griestion of reducing the rate of deposits for"'current' service-from five (5) perdent to three (3) percent of earnings prescribed by the Board of Trustees of the Texas Municipal Retirement System. Passed by the Commission on this the 25th day of August , 1955. . T or ATTEST: Lave Iowe, Ci y Secretary-Treasurer JAM gr