HomeMy WebLinkAboutO-11717J-98-1085
10/13/98
11717
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 40-250 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "RIGHT OF CERTAIN PERSONS
TO REJECT MEMBERSHIP" AS IT RELATES TO THE
CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE
TRUST"); PROVIDING THAT: (1) THE CITY
ATTORNEY SHALL PARTICIPATE IN A PUBLIC TRUST
FUND APPROVED BY THE CITY COMMISSION; (2)
CERTAIN CONTRIBUTIONS MADE TO THE PUBLIC
TRUST FUND ON BEHALF .OF HEREIN DESIGNATED
EMPLOYEE SHALL BE AT A RATE OF TWENTY PERCENT
(20%) OF THE CITY ATTORNEY'S ANNUAL BASE
SALARY; AND (3) THE. HEREIN DESIGNATED
EMPLOYEE SHALL TAKE ACTUAL, OR CONSTRUCTIVE
RECEIPT OF ALL CONTRIBUTIONS MADE ON HIS OR
HER BEHALF PRIOR TO REACHING AGE 55 OR UPON
BECOMING PERMANENTLY AND TOTALLY DISABLED, IF
SO PROVIDED IN SAID TRUST AGREEMENT;
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 Chapter.40 of the Code of
the City of Miami, Florida, as amended, is hereby amended in the
following particulars:1/
"PERSONNEL
1/ 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.
11717
Article IV. Pension and Retirement Plan
Division 3. City of Miami General Employees'
and Sanitation Employees'
Retirement Trust
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, city attorney, assistant city managers, and
special assistant to the city manager, 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
_ 2 _ 11717
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.
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 city manager 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 the
provisions of a resolution designating
benefits for the city manager and,
approved by the city commission.
Contributions, if any, by the city
manager shall be picked up by the city as
provided by the provisions of a
resolution approved by the city
commission. 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
- 3 - 11717
•
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.
• - • / . - • • I - - 11 • - - / • W.• - •
• I - • 1111 • I • • • • 1
• 1 - 11 . • � • • - • 1 I -
• •F WE . O - 11 .. / • - • -
I • I - 11 • • - • •ME • • 1 •
(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
- 4 - 11717
remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.2/
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
PASSED AND ADOPTED.ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of October , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami -Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (4in
day roan th ' e of Comm ion acticn
regarding same, without the MaX6r exeretoA
ATTEST:
City Cleric
WALTER J. FOEMAN, CITY CLERK
APPROYkE' AS FORrjPff< CORRECTNESS:
A-LEJAMR0 VILARELLO
CIT ATTORNEY
W628:BSS
Z/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
11'71 `7
- 5 -
CITY OF 07,4MWAi, FID
A'irit6ie9ted persons ,-wilf'take - iibticieLtnat �,n the 27th -�Iaq of 666- i
b.1,!1g98;'-the bt C6mmi�si666f�Miami','�16ria�,ad6r)tedf�6f6llo�Vi�gL.
l
y
titled orclinanq&sf
;117 6 -ORDINANCE N0. ij
AN 7ORDINANCE zAMENDING,*CHAP.TE`R 2/ARTICLEXl- O'E'
THE 'CODE 'OF. THE; CITY i OF 'MIAMI;-'FLORIDA, - AS
-AMENDED,.` "ENT'WLED� - -"',;'ADM iNl &RATIONiBOAhDS,
`
'COMMITTEES;COMMISSIONS" --TO 'ESTABLISHTHE
''CULTURAL-AND.FINE -'ARTS 'BOARD ;: S& FORTH. SAID,
BOARD'S"--P-URRO-SL':OOWERS'AND "b'b�TIES-, *,PROVIDE
S '.-
".. , � ,Y! if
FOR TERMOF**'OPPICL-,-01;:Pi'L�14S,"M'P-'Et�'INGS�"QUO-�":,,-I
"'FOR 1 MEM6�R
.RUMS REQUIREMENTS HIP4;kFTEW
Z N VkbVibE
A CE,-ANDt'F-ILLING�OF-VlkCANdiC§'�kND't
FOR THE 'SUNSET ;SAID 'BOARD `EVERY
� ' '_T`1'REVIEW ,6 F_
FOUR YEARS MOREiPA_'RTICUUTA-RLY bYAbdlNd';NEW'
MIAMI DAILY BUSINESS REVIEW `DIVISIPN ONSISTING
THROUGH2'11431 ANb-_AMP4DIINIG'SE&(ON i8'k.OF'
.
Published Daily except Saturday, Sunday and I
Legal Holidays SAID CODE; CONTAINING A REPEALER PROVISION AND I
A SEVERABILITY CLAOSE:
Miami, Dade County, Florida. L
ORDINANCE NO
STATE OF FLORIDA -AN ORDINANCE I AMENDING SECTION 0-250 OF THE
COUNTY OF DADE: CODE OF THE CITY OF MIAMI, FLORIDA, AS
_
Before the undersigned authority personally appeared MEMBERSHIP" AS.IT 1. ENTITLED: "RIGHT OF�CERTAIN -PERSONS -1 RELATES TO THE CITY,oFmiAW
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
'.*
Review f/k/a Miami Review, a daily (except Saturday, Sunday RETIREMENT TRUST . ("GESE TRUST"); PROVIDING THAT:
and Legal Holidays) newspaper, published at Miami in Dade (1) THE CITY ATTORNEY` SHALL PARTICIPATE IN A
County, Florida; that the attached copy of advertisement, PUBLIC TRUST FUND APPROVED BY THE CITY. COM
-MISSION ' ' ''. CONTRIBUTIONS I MADE TO. -THE -_'
being a Legal Advertisement of Notice in the matter of :(2) ;, , CERTAIN' CONTRIBUTION
t7PE�116 .:
'PUBLIC .0 TRUST FUND '64BEHALF OF -'HEREIN:
NAtLID, EMPLdYEE*,SHALL BE AT - A`AATE--OF TWENTY -
CITY OF MIAMI PERCENT; (k%):0F' fH_E Crr�eL AT-rORNE ANNUAL.
-"_BA§CSALARY; ,AND ' (6) THE HEREIN DESIGNATED -EMrf
PLOYE'E''S H�ALL TAKE ACTUA-L'Oh OR -CONSTRUCTIVE' ORDINANCE NO. 11718 0 '&
�6EIPT OF.ALL CONTRIBUTioNs',mAbt ON HISOR H
BEHALF PRIOR -TO , REACHING: AGE'55'� ofi'__6PbN -
BECOMING PERMANENTLY AND TOTALLY DISABLE61 "V
in the ....................... XXXXX ...................................... Court, 'sd PROVIDED IN SAID TRYST AGREEMENT CONTAIN
!'
NG ''JIE I VERABILIT-Y�:
.1 REPEALER PROVI$16N -ANb A S
was published in said newspaper in the issues of C-L'A- Q S E'
Nov 6, 1998
ORDINAkc ENO;11718-.
AN, EkER,dENCY, ORbINANdE-:,AMFNDINb ORDINANCE__.
"NO .')'1 637`AbOPTED:'SEPTEM8EA`79,` 1997WHICH._ ES-'
TABLISkEb�)NlTk RESOURCES AND ' INITIAL P .. -4. 1,j0
Afflant further says that the said Miami Daily Business PRIXTION§ FORA SPECIAL REVENUE FUND
Review is a newspaper published at Miami in said Dade wyNwdobAlbTA'COMMUNITY EMPOWERMENT, -ANTP.
County, Florida, and that the said newspaper has heretofore NARCOTICS INITIATIVE,". THEREBY � INCREASING SAID
been continuously published in said Dade County, Florida, APPROPRIATIONS, IN' THE.- 'AMbyNt"017 346,700.00,
each day (except Saturday, Sunday and Legal Holidays) and CONSISTING &-A GRANT FROMTHEM ' bNROE COUNTY -
_ has been entered as second class mail matter at the post SHERIFF'S OFFICE; AUTHORIZN-E G.HE CITY 'MANAGER
office in Miami in said Dade County, Florida, for a period of TO.ACCEPt,'k,GRANT;AND 'TO EXECUTE' ANY NE(jtS'.
one year next preceding the first publication of the attached FORM 'ACCEPTABLE TO THE
copy of advertisement; and affiant further says that she has SARY.b0',CUMENTS, IN A
r-ITY-ATTORNtY.'TO.IMPLEMENt AdCEPTANdE OF SAID
neither pajd nor promised an on firm or corporation SION',' b
GRANT' -CONTA1NING_'A.,RtPEAILFR PROVI _AN�
any disc)aunt, rebate, co n or re and for the purpose 'SEVEFABIILI _'CLAUSE..
of secjdrin this adve m t for p lication in the said Ty_
new�Oa.ORDINANCE NO. 117 1 19
EMERGENCY.ORDINANCE-OF'THE -bTYOF MIAM
I,
FLORIDA,SUPPLEMENTING AND AMENDING' oRDI
.. .......... .... ........ . .. . . .. . .. .. ... ...................... NA CE'NO. 1169 3, A OPTEDLBY THE CITY'COMMISSION"
ON AUGUST'-14, t1' 696,, WHICH ORDINANCE NO.' 11693
Sworn to and subscribed before me this AUTHORIZED THE;.ISSUANCE_''OF PARKING SYSTEM"
6 November 98 REVENLIE,BbNbs'F�,I.HE CI,TV.OF.MIAMI,-FLORIDA;-TO
...... d of ........... ... A.D. 19...... ADD :,PROVISIONS:�'RECUIRED" BY.MBIA-LINSURANCE
........ .
bORPO�ATib1W,.1N. ORDER - PROVIDE MUNICIPAL.
.BOND,, 'INSURANCE-. 'FOR 'PROPOSED BONDS, AND,
. . . .. ... .. .... PROVIDING AN EFFECTIVE DATE tlRy P_ CF-ICUIL 143URY SEAL
M�R;ELA ROMEIRO at t he Office of the I
(SEAL) 0 Said maybe inspected by public
. I n I ." , '..' L ve, Miami "Florida M6nday.through
I COW`;"�hlo?3 141;A&EIrt i
C6 Cferk,3566 Pan Amencan-Dri
Octelma V. Fe llyknown
Friday'excluding holi&ys,,between the hours of 8 a . and 5 p.m,
bly COMMISSM MWIRES
0 SEPT 22,2002 , ALTER-J.
�FOEMAN
CITY CLERK-;!
(#5169)
98-3-1,10684M
•
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 AMENDING
SECTION 40-250
In the .......... XXXXX ... Court,
waspublished In said newspaper in the Issues of
Oct 16, 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 ding the first publication of the attached
copy of a rose ent; and afflant further says that she has
nelther id nor romised any person, firm or corporation
any di ount, r ate, commission or refund for the purpose
oW88+ng s advertl ment for publican n In the said
n
Sworn to and subscribed before me this
16 October 98
...... day of ......................... A.D. 19......
(SEAL) y p� OFVICIAL NOTARY SEAL
Sookle 1Alilllams persona I k own tg_ CHERYL H-MARMER
0,(t 0 COMMIMON NUMBER
t
2 CC545384
MY COI<,►,RISSION EXPIRES
FOF `LO• APR. 12,2000
iCITY OF, MIAMI,, FLORIDA.
NOTICE.OF-PROPOSED ORDINANCES°
! Notice is hereby given that the City Commission ofthe City of Mi-
ami, Florida, will consider th'b`following ordinances on second and -final
reading on October_27, 1998,, commencing at 10:00 a.m:, in.the City;
Commission Chambers, 3500.Pan.American Drive, Miami, Florida: i
ORDINANCE -NO.
AWORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF
al�r THE CODE OF -THE CITY OF MIAMI; FLORIDA; .AS -
AMENDED;" ENTITLED: _"ADMINISTRATION/BOARDS, I
(� COMMITTEES,: COMMISSIONS, TO ESTABLISH THE
# CULTURAL AND FINE ARTS BOARD; SET FORTH SAID
BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDE'
��I "FOR TERMS OF OFFICE, OFFICERS, MEETINGS; QUO-
' RUMS, REQUIREMENTS FOR MEMBERSHIP, ATTEN-
DANCE, AND FILLING OF VACANCIES AND TO PROVIDE
I' FOR THE "SUNSET' REVIEW OF SAID BOARD EVERY
'h FOUR YEARS; MORE PARTICULARLY BY ADDING NEW
DIVISION 9, CONSISTING OF SECTIONS 2-1140..,
THROUGH 2-1143, AND AMENDING SECTION 2-892 OF I
SAID CODE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE:
ORDINANCE NO:
AN ORDINANCE'AMENDING CHAPTEf32, AND 18 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS -AMENDED,
BY ENACTING AN ANTI -DEFICIENCY ACT T,O..SET FORTH ?
{ REGULATIONS TO ENSURE THAT. DEY*ART,MENTS AND
DEPARTMENT DIRECTORS WITH AUTHORITY: fE) DI- 1
i RECT OBLIGATION OR DISBURSEMENT -OF -CITY FUNDS
DO NOT EXPEND FUNDS, DURING W FISCAL YEAR IN 9..
EXCESS OF THOSE WHICH HAVE • BEEN-APPROVCDIIN A ..{
DULY ADOPTED- BUDGET; MORE`PARTICULARLY BY
ADDING NEW SECTIONS 2-46712-9741tAND 18-72;1, 2-,.
1145, 2-1145, 2-1147, .AND 2-11-48; AND BY AMENDING
SECTIONS 2-466, AND 2-497; CONTAINING,A REPEALER
PROVISION AND A SEVERABIL•ITY CLAUSE;'ANtPRO- I!
t VIDING FOR AN EFFECTIVE DATE.
ORDINANCE 'NO: i
AN ORDINANCE AMENDING -250 OF THE
CODE OF THE CITY OF MIAMI; ENDED,
ENTITLED "RIrH.T OF CERTAIN P TO'REJECT
L MFMR_ERSHIP"-AS IT -RELATES` -TO TH_E CITY OF MIAMI
GENERAL EMPLOYEES'. AND_SANITATION EMPLOYEES'
RETIREMENTTRUST ("GESE T.RUST"),;PROVIDING THAT:
(1) THE CITY' ATTORNEY SHALL PARTICIPATE IN A
PUBLIC TRUST FUND. APPROVED BY THE•CITY COM-
MISSION, (2) CERTAIN CONTRIBUTIONS MADE TO THE
PUBLIC=TRUST. FUND; ON.BEHALF_ _OF -HEREIN. DESIG- 'I
NATED•EMPLOYEE.'SHALL BE AT A RATE :OF:TWENTY
PERCENT (20%) -OF THE, EMPL-OYEE'S ANNUAL BASE
SALARY; AND (3) THE HEREIN DESIGNATEDEMPLOYEE
SHALL TAKE;:ACTUAL OR CONSTRUCTIVE:RECEIPT. OF • t.
ALL CONTRIBUTIONS:MADL:bN ;HIS;OR. HER -BEHALF
PRIOR,'TO "REACHING: AGE 55 .OR A9PON BECOMING
PERMANENTLY` AND , TOTALLY "DISABLED, IF ..SO PRO-
VIDED'IN`SAID TRUST AGREEMENT;CONTAINING A RE-
PEALER PROVISION ANDA'S,EVERABILITY.CLAUSE.
Said proposed ordinances may be inspected by the public at the Of
Tice of the"City Clerk, 3500Pan American Drive, Miami, Florida, Mon-
tlay through: Friday, excluding holidays, between the hours of 8 a.m.
I and 5 p.m: '
All interested personsmay appear at,the meeting and, may 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 ver.- j
batim reoord of the: proceedings is: mane including all testimony and
evidence upon which_ zany appeal may be based: -
0
c� F WALTER J. FOEMAN
CITY CLERK
(#5160)
`98_4_1016Z4Mj
;
r 10/16:. ��