HomeMy WebLinkAboutResolution 2509A Resolution Adopted Res~~oti~n ~~oA ~
IN OPPOSITION TO HOUSE BILL 3667 RELATING TO THE
EMPLOYEES' RETIREMENT FUND OF THE CITY OF FORT WORTH
WHEREAS, Article III Section 51-e of the Texas Constitution authorized cities to
establish retirement and disability pension systems for their officers and
employees if approval was given by the qualified voters; and
WHEREAS, the Employees' Retirement Fund of the City of For Worth (the
'Fund") was established by ordinance in 1945 and approval was given by the
voters and
WHEREAS, in 1949 the Legislature adopted a state statute that attempted to
make several changes concerning operation of the Fund, but the City refused to
implement the changes and a suit was filed• and
WHEREAS, in the case of City of Fort Worth v. Howerton, 236 S W 2d 615 (Tex.
1951) the Texas Supreme Court held that where certain rights, duties and
obligations have been created by a city under a retirement system adopted under
the Texas Constitution, the Legislature is not authorized to change the operations
of the system without the consent of the city and the court determined that the
statute was inoperative because the City of Fort Worth had not consented to the
changes and
WHEREAS House Bill 3667 has now been filed that attempts to supersede
portions of the City's Retirement Ordinance and to change the powers and duties
of the City Council and the Board of Trustees of the Fund without the City's
consent; and
WHEREAS, under the Howerton decision, if House Bill 3667 is adopted without
the City's consent, it will be inoperative as to the Fund; and
WHEREAS the City Council opposes House Bill 3667 and any other legislation
that attempts to place the Fund under the operation of a state statute opting
instead to provide protect and improve retirement benefits for" its officers and
employees responsibly through its retirement system that was adopted pursuant
to the Texas Constitution with the approval of the qualified voters.
NOW, THEREFORE, .BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS.
That the Fort Worth City Council opposes House Bill 3667 related to the
benefits and administration ofi retirement systems in certain municipalities
CITY OF FORT WORTH
because it attempts to place the Employees' Retirement Fund of the City of
Fort Worth under the operation of a state statute without the City's consent
and attempts to diminish the City Council's role and authority with regard to
the Fund.
2. That the Fort Worth City Council expresses its opposition to any similar
legislative bill or amendment that has the effect of placing the Fund under
the operation of a state statute
3 That the Fort Worth City Council directs the City staff to send a copy of this
Resolution to the Governor Lieutenant Governor Speaker of the House of
Representatives, and the appropriate members of the Legislature
Adopted this 23`d day of March, 1999
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~~~'~~'~`'"~'~~~.~~ Kenneth Barr
~~^~:~.!,~: Mayor
~i ~ Gl~r-iaPearson
~i'iy'Secretary
APPROVED
CITY COUNCIL
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Attest
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~~u 23 1999
,p,~~ t`i~i w~.fa.!
city Secs®trsy of the
Git~ ~t Fort ~Wortle, Texae
CITY OF FORT WORTH