Res 2012-117 - Laserfiche WebLink

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ARTICLE 18 DURATION OF AGREEMENT Section 1. Term of Agreement This Agreement shall become effective after ratification pursuant to Texas Local Government Code Section 142.064 by the recognized police officers association conducting a secret ballot election at which the majority of the police officers who would be covered by the agreement favor ratifying the agreement and upon approval by majority vote of the City Council after compliance with any procedural or publication requirements imposed by Charter. It shall continue in effect until September 30, 2015, unless otherwise provided herein. Section 2. Funding Provision The City presently intends to continue this Agreement each fiscal year through its term, to pay all amounts due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues, reasonably anticipated and appropriated for such purpose by the City Council in compliance with the Texas Constitution, Article 11, Sections 5 and 7. In making funding determinations in the second and subsequent fiscal years of this Agreement following ratification, the City Council may consider operational and administrative costs including its debt service obligations, the increases in other employee personnel costs, and the obligations arising under this Agreement. If at any time it is determined by the City that it would not be able to meet its financial obligations hereunder after considering the above listed factors, the Association and the City may mutually agree to renegotiate the financial provisions of this Agreement. If sixty (60) calendar days after these negotiations begin, no agreement has been reached; this Agreement shall terminate and be null and void in its entirety. In the event the City Council fails to appropriate funds in any fiscal year of this Agreement in an amount sufficient to meet City obligations hereunder this Agreement shall terminate and shall be null and void in its entirety on the first date that such funding is not met pursuant to this Agreement. If at any time during the term of this Agreement, or any extension thereof, the electorate of the City subjects the Government of the City to a rollback election; and, as a result of such rollback election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Association agrees to reopen the salary and other compensation provisions of this Agreement for the purpose of renegotiating the same. If sixty (60) calendar days after these negotiations begin, no agreement has been reached; this Agreement shall terminate and be null and void in its entirety. Section 3. No Petition to Increase Salaries The Parties agree to the salary increase provided for in Article 5 and it is the Parties' intent to override section 141.034 of the Texas Local Government Code to preclude a petition to increase salaries during the term of this Agreement. The Association further agrees it will not support or seek any proposed Charter amendment or initiative election that would provide for any increase in wages, salary, or pay during the term of this Agreement. Section 4. Coordinated Programs with Other Governmental Bodies Upon the effective date of this Agreement, both Parties agree to protect and defend the provisions of this Agreement against any unauthorized challenges at local, state and national legislative levels of government. Both Parties agree to not file or support any legislative effort that affects the terms and Page 26