22-74322-743ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING A FIRST AMENDMENT TOTHE 2019-2023 MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTONAND THE DENTON FIRE FIGHTERS ASSOCIATION LOCAL 1291 BY AMF,NDINGARTICLE 12 – PENSION – AUTHORIZING AN INCREASE TO THE MONTHLY BENEFITFOR RETIREES OF THE CITY OF DENTON FIRE FIGHTERS RELIEF AND RETIREMENTFUND OF 4% FOR THOSE RETIRED FOR 15 OR MORE YEARS, 3% FOR THOSE RETIREDFOR 10-15 YEARS, AND 2% FOR THOSE RETIRED 5- 10 YEARS; AND PROVIDING ANEFFECTIVE DATE
WHEREAS, the City of Denton desires to increase the monthly benefit for retirees and
surviving spouses and children. The increases will be a three-tiered approach with a 4% increase
for those retired for more than fifteen years, 3% increase for those retired ten to fifteen years, and
2% increase for those retired five to ten years ; and
WHEREAS, the City of Denton and the Denton Fire Fighters Association (DFFA) entered
into a Meet and Confer Agreement effective October 1, 2019 – September 30, 2023; and
WHERAS, the City agreed to contribute to the Fire Fighter Relief and Retirement Fund at
18.5% annually beginning in FY 2019-20 through FY 2022-23 to achieve 100% funding ratio over
a closed 25-year amortization period; and
WHEREAS, The City’s contribution rate for FY 2022-23 will remain the same and allow
for the desired increase for the monthly benefit of retirees and surviving spouses and children; and
WHEREAS, any pension enhancement benefit requires the approval of the City of Denton
Fire Fighters Relief and Retirement Fund (DFRRF); and
WHEREAS, in order to implement an enhanced pension benefit for retirees, anAmendment to the Meet and Confer Agreement is required as Article 12, Section 4 of the
Agreement explicitly states: “The DFRRF agrees that it will not approve any benefit enhancements
during the term of this Agreement, and may be mutually extended by all parties;” and
WHEREAS, an Amendment to a Meet and Confer Agreement must be in writing and is
subject to the same ratification process under Texas Local Government Code Chapter 142 as when
the initial Agreement was approved in 2019; and.
WHEREAS, the City and the DFFA have mutually agreed to a First Amendment to Article
12 – Pension – in the terms stated above, as set forth in Exhibit “A“ attached hereto; and
WHEREAS, the DFFA presented this Amendment to its membership and a majority of the
votes cast at the election favored ratifying the Agreement on April 11, 2022; and
WHEREAS, the City of Denton Fire Fighters Retirement Fund has confIrmed it will
approve the enhanced pension benefit once this Amendment has been ratified by a majority vote
of both the DFFA membership and the City Council; and
WHEREAS, the City Council finds that it is in the best interests of the citizenry to ratifythe First Amendment to the Meet and Confer Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the above preamble to this Ordinance are true and
correct and are hereby adopted.
SECTION 2: The City Council hereby ratifies the First Amendment to the 2019-2023
Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association
hereby amending Article 12 – Pension, authorizing a one-time increase to the monthly benefit for
retirees of the City of Denton Fire Fighters Relief and Retirement Fund of 4% for those retired for
15 or more years, 3% for those retired for 10 to 15 years, and 2% for those retired for 5 to 10 years .
SECTION 3: This one-time benefit enhancement is not retroactive to the effective date of
the 2019-2023 Meet and Confer Agreement, but rather, is only prospective in nature.
SECTION 4: The City Council authorizes the City Manager to execute the First
Amendment to the Meet and Confer Agreement in the form of Exhibit “A“ attached hereto.
SECTION 5: All other provisions of the 2019-2023 Meet and Confer Agreement not
expressly amended by this Ordinance remain unchanged and in full force and effect.
SECTION 6: This Ordinance is not effective unless and until the City of Denton Fire
Fighters Relief and Retirement Fund approves the pension benefit increase. Once that occurs, thisOrdinance shall become effective immediately.
The mojon to approve this Ordinance wasseconded by %AA Mel+aec Al andmade by SO a/ir%
Id approved bythe Ordinance was pi
the following vote [J - a
Aye
,/
JCIZ
b/
b/
/
Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of 2022
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Page 2
ATTEST:
ROSA RIOS, CITY SECRETARY b\\\\11111111
1B!I> ]iI(pr :
APPROVED AS TO LEGAL FORM:
MACK REn+wAND, CITY ATTORNEY
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Page 3
EXHIBIT “ A”
FIRST AMENDWNT TO THE 2019.2023 FIRE MEET AND CONFER AGREEMENT
This is the First Amendment to the Meet and Confer Agreement, effective April 19 , 2022,
between the City of Denton, a Texas Municipal Corporation, 215 East McKinney Street, Denton,
Texas 76201, hereafter referred to as “City,D and the Denton Fire Fighters Association Local 1291
(DFFA), collectively referred to as the “Parties.”
RECrrALS
SECTION 1: Whereas the Parties entered into a Meet and Confer Agreement effective October
1, 2019 - September 30, 2023, referred to as the “Base Agreement,” which continues in effect and
reflects the intent and desire of the Parties; and
SECTION 2: Whereas the Parties wish to amend Article 12, Section 4 – Pension, to allow an
enhanced pension benefit for retirees in the City of Denton Fire Fighter Relief and Retirement
Fund as provided below; and
SECTION 3: Whereas Article 17, Section 1 of the Base Agreement provides for the amendment
by written mutual agreement and the Parties mutually intend and agree to amend Article 12 of theBase Agreement as follows:
TERMS OF AGREEMENt
Article 12 – Pension – Section 4 currently reads:
“The DFRRF agrees that it will not approve any benefit enhancements during the term of
this Agreement, and may be mutually extended by all parties.”
Article 12, Section 4, is hereby amended as follows:
The Parties agree that the following provision is null and void and no longer in effect: “The
DFRRF agrees that it will not approve any benefit enhancements during the term of this
Agreement, and may be mutually extended by all parties.”
The Parties agree to amend Article 12, Section 4, by adding the following language:
During the term of this Agreement, the DFRRF may approve a monthly benefit
enhancement for retirees of the City of Denton Fire Fighters Relief and RetirernentFund of 4% for those retired for 15 or more years, 3% for those retired for 10 to 15
years, and 2% for those retired for 5 to 10 years, provided that:
1.A majority of the membership of the DFFA that cast a vote at the ratificationelection ratifies this Amendment, and
Tentative Agreement – First Amendment to 2019-2023 Fire Meet and Confer Agreement Pg. 1
2.A majority of the City of Denton City Council ratifies this Amendment.
This one-time bene6t enhancement is not retroactive to the effective date of the
2019-2023 Agnement, but rather, is only prospective in nature.
The foregoing instrument has bem duly negotiated, reviewed, and approved by each of the
signatories indicated below:
LOCAL 1291
By:LOCAL 1291
crm OF DENtON, TEXAS
\Council on April 1 9 , 2022)(Ratified by the Dentol
B,: +V
NSLEY.SAI MANAGER
By:Rm
3-2 t-22_
DATE
q: /'g-2a22-DATE
L'bk_By:LI - a \ ' 22
DATEKENNETH HEDGES, FIRE CHIEF
APPROVED AS TO LEGAL FORM:MACK RERfWAND, CITY ATFORNEY
IS11111111
Tentative Agreement – First Amendment to 2019-2023 Fire Meet and Confer Agreement pg. 2