HomeMy WebLinkAboutOrdinance 2075 ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDI
NANCES NOS. 2003, 2010 AND 2023; DIRECTING THE
CITY TREASURER TO RETURN TO EACH 1dEMBER OF THE
POLICE DEPARTMENT THE AMOUNT THAT THE RECORDS
SHOW WAS DEDUCTED FROM THE PAYROLL ACCOUNT BE-
LONGING TO EACH OF SAID POLICEMEN FOR THE BENE-
FIT OF THE POLICEMENIS PENSION FUND; AND PRO-
VIDING THAT THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT FROM AND AFTER THE DATE OF ITS PAS-
SAGE.
WHEREAS, on the 13th day of July, A. D. 1938, the City Council
of the City of Fort Worth, Texas, enacted Ordinance No. 2003, to become
effective when sufficient revenues were appropriated, providing for
death, disability and retirement benefits for members of the Fort Worth
Police Department; and,
.WHEREAS, in Section 1 of said ordinance, it was provided that an
appropriation of Thirty Thousand Dollars ($30,000.00) would be riade Octo-
ber 1, 1938, out of the anticipated revenues of the ensuing fiscal year
for the benefits to be paid under the terms of said ordinance; and,
WHEREAS, on October 1, 1938, after a careful investigation of the
finances of the City of Fort Worth, it was found that funds would not
be available during the fiscal year beginning October 1, 1938, to make
an appropriation for Thirty Thousand Dollars ($30p000.00), as set forth
in Ordinance No. 2003, and that all retirement benefits for members of
the Police Department would have to be eliminated and that it would not
be possible to appropriate in excess of Twelve Thousand Dollars ($12,•.
000.00), which was to be used solely to take care of benefits arising
by reason of injuries resulting in death and permanent disability to mem-
bers of the Police Department occurring in line of duty; and on October
12, 1938, Ordinance No. 2003 was amended by the City Council by Ordinance
No. 2010, whereby all provisions for benefits for retirement for members
of the Police Department were entirely eliminated until such time as the
finances of the City would permit appropriations to be made to create
a fund to pay retirement benefits; and,
WHEREAS, on February 15, 1939, Ordinance No. 2003 was further
amended by Ordinance No. 2023, with reference to the rate of interest as—
sumption; and,
WHEREAS, on October 1, 1939, it was apparent to the City Council,
after a careful examination of the fiscal affairs of the City, that no
funds would be available for the ensuing fiscal year for retirement bene—
fits for members of the Police Department, and again the only appropria—
tion that was made in this connection was Twelve Thousand Dollars ($12,..
000.00) for benefits arising by reason of injuries received in line of
duty, resulting in death or permanent disability to members of the Police
Department; and,
WHEREAS, no fund has been created gnd no money appropriated dur—
ing any of the times herein mentioned for retirement benefits, and no
funds have been turned over to the trustees of the Policements Pension
Fund for retirement benefits; said trustees have never paid any benefits
under the terms of Ordinance No. 2003 or any other ordinance of the City
of Fort Worth, and they have not had in their possession or under their
control funds to make such payments; and,
WHEREAS, none of the provisions of Article 6243.b of the Revised
Civil Statutes of Texas are applicable to the City of Fort Worth, for
the reason that Section 14 provides that no funds shall be paid out of
the public treasury of any such incorporated city or town, in carrying
out any of the provisions of said law, except on a majority vote of the
voters of such city or town, and the City of Fort Worth has never held
an election wherein any proposition has been submitted to a vote of the
people, as required by said statute, providing for retirement benefits
to policemen and their dependent relatives; and,
WHEREAS, on February 18, 1939, a large number of the policemen
of the City of Fort Worth, in order to defray a portion of the cost of
the pension system that was contemplated, instructed the Commissioner of
Accounts of the City of Fort Worth to deduct monthly the sum of Five Dol—
lars ($5.00) from the payroll account of each one of them; and,
WHEREAS, the said policemen who have had the deductions made
from the payroll account have requested that this money be returned to
them; and,
WHEREAS, since no election has been held as provided by the stat—
ute and no workable plan has been devised, and no payments have ever been
made from any purported fund and there is no fund available from which
said payments could be made, it is urgent and imperative that the status
of the moneys that have been appropriated be definitely and clearly es—
tablished in order to avoid further confusion and misunderstanding; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1,
That Ordinances Nos. 2003, 2010 and 2023 be and they and each of
them are hereby respectively repealed.
SECTION 2.
That all of the moneys deducted from the payroll account of the
members of the Police Department and the accrued interest and held by the
City Treasurer for the Policemen's Pension Fund be returned to said police—
men, and that the City Treasurer is hereby directed to pay to each member of
the Police Department the total amount that was deducted from the payroll
account, together with the accrued interest, for said fund as said amounts
respectively appear on the payroll account and the official records of the
City of Fort Worth.
SECTION 3.
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage.
APPROVED AS TO FORM,
City Attorney