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Home My WebLink AboutO-11608J-98-109 2/5/98 ORDINANCE NO. 11608 AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE TRUST"); MORE PARTICULARLY AMENDING SECTION 40-250 PROVIDING FOR THE REJECTION OF MEMBERSHIP BY ASSISTANT CITY MANAGERS AND SPECIAL ASSISTANTS TO THE CITY MANAGER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 40-250 of the Code of. the City of Miami, Florida, as amended,, is hereby amended in the following particulars: -I/ "CHAPTER 40. PERSONNEL Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11608 Sec.40-250. Right of certain persons to reject membership. Those persons employed in the following positions shall have the right to reject membership in the retirement plan within one (1) year from their respective commencements of employment with the city subject to performance of the conditions set forth in paragraphs (1) and (2) below, within the aforesaid time period: city manager, city attorney, city clerk, assistant city manager, chief deputy city attorney, deputy city attorney, assistant city attorney, technical services administrator, executive assistant to the city manager, assistant city clerk, executive secretary of the civil service board, assistant executive secretary of the planning and zoning board, assistant executive secretary of the planning board, director of a department established by the Charter of the city or by ordinance as authorized by such Charter, assistant director of a department, labor relations officer, assistant labor relations officer, cable communications administrator, assistant to the city manager III, assistant to the city manager II, legislative administrator. Except for the City Manager, Assistant City Managers and Special Assistant-, o the City Managar membership in the retirement plan shall be required for persons hired in the above -mentioned positions after March 31, 1996. The conditions upon which membership in the retirement plan may be rejected by any person employed in any of the foregoing positions shall be as follows: (1) Submission to the commission of a written trust agreement wherein the employee rejects membership in the retirement plan and wherein provision is made for the city to contribute moneys on behalf of such employee to a public fund designated by the employee and approved by the commission, such contribution to be made in lieu of the city's contribution on behalf of the employee to the retirement plan. (a) The contribution to be made by the city under the terms of the above agreement shall be calculated at the rate of eight (8) percent of the individual's annual earnable compensation. (b) A contribution to the designated public trust fund must be made by the employee rejecting membership in the retirement plan, and such contribution by the employee shall be picked up by the city at a rate of not less than five (5) percent of the employee's annual earnable compensation. 2 11608 (c) An employee may, if so provided in the trust agreement, take actual or constructive receipt of his or her contribution, and those contributions made by the city on his or her behalf prior to reaching age fifty-five (55) or upon becoming permanently and totally disabled by making a revocable election of distribution of accounts pursuant to the mode of distribution of benefits as provided in the trust agreement. (d) The e-City mManager may elect to participate in a public trust fund designated by the employee and approved by the city commission. Contributions made to the designated public trust fund by the city shall be in accordance with a resolution designating benefits for the e.City mManager and approved by the city commission. Contributions, if any, by the e.City mManager shall be picked up by the city as provided by resolution approved by the city commission. The e-City mManager may, if so provided in the trust agreement, take actual or constructive' receipt of his or her contributions, and those contributions made by the city on his or her behalf prior to reaching age 55 or upon becoming permanently and totally disabled, by making a revocable .election of distribution of accounts pursuant to the mode. of distribution of benefits as provided in the trust agreement. (2) If an eligible employee fails to comply with all of the conditions set forth above, the employee shall not have the right to reject membership in the retirement plan." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any sections, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY THIS 27th day of January , 1998. 3 11608 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY THIS 10th day of February APPROVED AS TO FORM AND CORRECTNESS: W437:CSK QVCIER AREZ, MAYOR rd 11608 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM • 13 TO Honorable Mayor and Members DATE January 20, 1998 of the City Commission SUBJECT Amendment to Section 40-250 of the City Code Jose Garcia -Pedrosa City Manager RECOMMENDATION REFERENCES: ENCLOSURES: FILE : The administration recommends that the City Commission approve the attached Ordinance amending Section 40-250 of the City of Miami Code allowing for the rejection of membership in the General Employees' and Sanitation Employees' Trust (Retirement Plan) by those individuals in the classifications of Assistant City Manager and Special Assistants to the City Manager. BACKGROUND In February 1996 the City Commission approved an amendment to Section 40-250 of the City Code requiring employees hired after March 31, 1996 to be members of the Retirement Plan. Prior to the amendment certain employees were provided, upon their hire, the option of participating in the Retirement Plan or a 401(a) Plan. The amendment to this section was predicated upon potential problems, as a result of certain amendments to the Internal Revenue Code, which would have adversely affected the 401(a) Plan's continued status as a Section 401 qualified plan. The tax laws have changed, with the result that the 401(a) Plan's continued status as a Section 401 qualified plan is no longer at issue. The proposed amendment will provide the City administration the ability to attract and retain professionals in the top administrative levels of its administration. JGP:RSW:bg t16081 0 OCITT-tij of ffliamT WALTER J. FOEMAIN ' City Clerk May 13, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: LOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11605 11607 11608 11609 11610 11611 11612 11613 11614 11615 11616 11617 11618 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk B Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 OCITTtLI Of tit WALTER ). FOEMAti' City Clerk May 13, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12" Street Room 8100 (8" Floor) Miami, FL 33125 Dear Ms. Maldonado: i op 1, Y LOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11605 11607 1160.8' 11609 11610 11611 11612 11613 11614 11615 11616 11617 11618 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerl Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 0 OTY#� o�fflja WALTER J. FOEMAN City Clerk. May 13, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson JOSE GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida- 11605 11607 1.. W, 11609 11610 11611 11612 11613 11614 11615 11616 11617 11618 i If I can be of any further assistance, please do not hesitate to call. Yours truly, vi Gallastegui-Alonso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 • • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11608 In the ...........XXXXX • • • .. • Court, wFe' IIs1 SI ,n saJ. y4wspaper in the Issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtisement; and afflant further says that she has neithe al no promised any person, firm or corporation any d co t, rebate, commission or refund for the purposo of s urf `g this advertisement for ublication In the said no or. r Swam before me t 18 tt''�� Y y u ...... day of ........................... A.D. 19...... ��/G!• ............. . (SEAL) ♦P'RY ptj OFFICIAL NOTARY SEAL Bookie Williams r®nQII kn�(9i*n tGh%RYL H MARMER * ! ,i it % COMMISStON NUMBER e CC545384 7f MY COMMISSION EXPIRES Of F\O�APR. 12,2000 'LEGAL NOTICE ; All interested persons will take. ,notice .that on the :10th day ,of February, 1998,' the City Commission: of Miami,. Florida, adopted the :following titled ordinances-. = ORDINANCE NO. 11606 AN ORDINANCE, AMENDING SECTIONS 2-1052 AND 2- 1053`,OF:THE CODE'OF:THE,CITY: OF MIAMI," FLORIDA; AS AMENDED, TO DECREASE THE NUMBER OF BOARD MEMBERS ON THE OVERTOWN ADVISORY- BOARD AND;'" THE MEMBERS -REQUIRED,.FOR', A QUORUM, FOR SAID , BOARD;�CONTAINING A•REPEALER PROVISION,'A SEV ERABILITY CLAUSE, AND PROVIDING FOR AN-EFFEC-. .TIVE DATE.' ORDINANCE NO. 11606 AN ORDINANCE . ESTABLISHING '.A NEW :SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION RECYCLING AND 'EDUCATION (FY'98)". AND APPRO- PRIATWG FUNDS-FOR:THE DEVELOPMENT AND IMPLE- MENTATION OF SAMEJNI''THE AMOUNT OF1275,573:00, CONSISTING .OF A -SOLID WASTE MANAGEMENT RECY- CLING - PROGRAM.' GRANT . FROM THE''. STATE OF FLORIDA'DEPARTMENT'OF ENVIRONMENTAL •REGULA- TION;'AUTHORIZING_THE CITY MANAGER=TO ACCEPT SAID•GAANT AWARD_ 'AND TO EXECUTE THE NECES- SARY DOCUMENTS,. IWA FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR'SAID PURPOSE; CONTAINING A REPEALER -PROVISION AND A SEVERABILITY CLAUSE.. . ORDINANCE NO 11607 AN :ORDINANCE AMENDING; CAPITAL-,IMPROVEMENT§I-,,- -ORDINANCE NO 11337, AS AMEND, ADOPTEgJANU ARY 25, 1996,-THEREBY CONTiMPIN ND WISING PREVIOUSLY" APPROVED - SCI E CAPITAL IM- PROVEMENT PROVEMENT PROJECTS FOR FY&iCONT•4+IING REPEALER PROVISION AND" A' Sfry ILITGLAUS8;7-. AND PROVIDING FORAN'EFFECTI\E A E: M —� C ,. ORDINANCE NO. a AN ORDINANCE -AMENDING T t ODE �SLATEG TO.THE -CITY ORS MIAMI GENE fI I LOYMS' AND SANITATION EMPLOYEES' RETIFfEME .TRUS'L;("GESE. TRUST"); MORE PARTICULAR LY_ADEN14�G SEO;TJON 40- 256 PROVIDING FOR THE REJECTION OF- MEMBERSHIP BY ASSISTANT` CITY.'MANAGERS AND SPECIAL -AS `SISTANTS• .TO THE ...CITY' MANAGER; -CONTAINING A' REPEALER PROVISION AND A SEVERABILITY CLAUSE. < - _ ORDINANCE NO.11609 _ AN ORDINANCE AMENDING SECTIONS- 554 AND 55-10- •OF THE CODE OF*THE CITY OF, MIAMI, FLORIDA, AS AMENDED; DEFINING'GOVERNMENTAL' AGENCY AND. :PROVIDING_ A -MECHANISM WHEREBY CITY BUILDING'.•' PERMITS ,MAY..BE ••ISSUED FOR ' CONSTRUCTION 'OF,:, IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED -.'.'LAND WITHIN THE BOUNDARIES OF AN. APPROVED 'TENTATIVE PLAT PRIOR TO FINAL PLAT APPROVAL AND RECORDATION; CONTAINING A AEF'EALER PROVISION .,AND,,A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE'DATE Said ordinances may be inspected by the public at tFie Office of the City Clerk; 3500:Pan American Drive, Miami, Florida, Monday through - Friday, excluding holidays, between.the hours of 8 a.m. and 5 p:m. WALTER J ,jFOEMAN CITY CLERK (#4767,) n iao > .. .• nn�nna ennu E • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST in the ...................... XXXXXXX................................ Court, was published in said newspaper in the Issues of Jan 30, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, fir corporation any discoun ebate, commission or nd for a purpose of secur this advertiseme blicatio in the said Sodrn and subscri me this 30 nuary 98 ........da of ......... ..................... .... ..... A.D.19...... (SEAL) �P�Y p& dFFNETTN TARE® Octelma V. Ferbeyre personall 74, !{� COMMISSION NUMBER e CC566004 COMMISSION EXPIRES JUNE 23,2000 ve ■ r yr �new��. ra.v�ww NOTIClt:OF. PROPOSED` ORDINANCES_ ',Notice is hereby, gi ven. that the City.,Commission of the .City of Miami, Florida, will consider the following ordinances on second and. final reading on February .10 1998, commencing: at 10:00 a.m., in.the • City "Commission . Chambers, 3500 Pan American:_ Drive, Miami," Florida: ; ORDINANCE NO. _ AN ORDINANCE AMENDING SECTIONS 2-1052 AND 2 1053 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; TO. DECREASE THE NUMBER OF BOARD MEMBERS -ON THE OVERTOWN ADVISORY BOARD AND. THE NUMBER OF MEMBERS REQUIRED FOR A -QUORUM FOR -SAID BOARD; CONTAINING A REPEALER PROVI- •.SION, A SEVERABILITY CLAUSE, AND PROVIDING FOR 'AN EFFECTIVE DATE. .c%. ORDINANCE NO. AN ORDINANCE ESTABLISHING A • NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY'98)° AND.APPROPRI- ATING FUNDS FOR THE DEVELOPMENT AND 1MPLE 'MENTATION OF SAME IN THE AMOUNT OF $275,573.00, -• CONSISTING OF,A,SOLID WASTE MANAGEMENT RECY- CLING. PROGRAM. GRANT FROM THE STATE OF FLOR- IDA DEPARTMENT ,OF ENVIRONMENTAL REGULATION; AUTHORIZING THE CITY MANAGER TO ACCEPT :SAID GRANT -AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN. A FORM ACCEPTABLE TO THE CITY -ATTORNEY, FOR SAID . PURPOSE;- CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. AN -ORDINANCE AMENDING -CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANU- ARY -25; 1996,-THEREBY CONTINUING AND- REVISING PREVIOUSLY APPROVED` SCHEDULED, CAPITAL IM- ' PROVEMENT PROJECTS FOR FY '97-98; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. !^ O AN ORDINANCE AMENDING THE CITY CODE RELATED TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE TRUST'); MORE PARTICULARLY AMENDING SECTION 40- 250-PROVIDING FOR THE -REJECTION OF MEMBERSHIP BY ASSISTANT CITY. MANAGERS AND SPECIAL. ASSIST ANTS TO THE CITY MANAGER; CONTAINING K REPEAL- ER P.ROVISION:AND A_SE_VE_RABILITY CLAUSE �ORDINAINCE NO. . AN ORDINANCE AMENDING SECTIONS 55-1 AND 55-10 OF,THE CODE:OF.THE CITY OF MIAMI, FLORIDA, AS AMENDED, DEFINING GOVERNMENTAL AGENCY AND. PROVIDING A -MECHANISM WHEREBY CITY BUILDING PERMITS MAY BE ISSUED FOR CONSTRUCTION OF IMPROVEMENTS ON GOVERNMENTAL AGENCY -OWNED LAND WITHIN THE BOUNDARIES OF AN APPROVED TENTATIVE. PLAT PRIOR TO FINAL PLAT APPROVAL -AND RECORDATION `CONTAINING A-REPEALER._PRQVISION.. AND A SEVERABILITYCLAUSE; AND PROVIDING FOR AN: -, EFFECTIVE DATE: Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 35W Pan American Drive, Miami, Florida; ,I Monday_ through Friday, excluding holidays, between the hours of 8 i a.m. and 5 p.m. {I All interested persons may, appear at the meeting and be heard with respect to the proposed ordinances. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and