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HomeMy WebLinkAboutO-11021J-92-511 11/03/92 ORDINANCE NO. 11021 AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CHANGES IN INVESTMENT GUIDELINES AND TYPES OF FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of Trustees for the City of Miami General Employees' and Sanitation Employees' Retirement Trust recommends modifications to Section 40-229 of the Code of the City of Miami, Florida, relating to General Employees' and Sanitation Employees' retirement concerning investment guidelines and types of funds where investment may be made; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 40-229 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ Sec. 40-229. Trust fund. (C) Investments. l/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11021 (1) Trust funds may be invested without limitation in: (a) Bonds, notes, mortgage -backed securities, or other obligations of the United States or those guaranteed by the United States or any agency of the United States Government or Instrumentality of the United States Government or for which the credit of the United States Government, Government Agency or Instrumentality is pledged for the payment of the principal and interest or dividends thereof. (c) Repurchase agreements with United States Treasury Securities and agencies of the United States Government as collateral, said collateral to be held by trustees. ( 2 ) Not more than to--f1$r five ( 5 ) percent of the fund may be invested in any one (1) entity of the categories listed below: (a) Common stock, preferred stock and interest -bearing obligations of corporations having an option to convert into common stock, issued by a corporation organized dnder the laws of the United States, an States, and the B±Btr±et of Columbia domestic or foreign when recoqnized on a maior United States Stock Exchange; provided that the aggregate investment of the fund in any one (1) issuing corporation shall not exceed three (3) percent of the outstanding capital stock of that corporation. (b) Notes secured by first mortgages on real property, insured or guaranteed by the Federal Housing Administration or the Veterans' Administration. -2- i1021 only one (1) nationally recognized rating --- .-ce shall rate such ebligations-, such rating ser.-'-- .11-ist have rated such highest classifications heretofore mentioned; - Investment grade corporate debt issues and asset -backed securities rated A or better by at least one (1) nationally recognized rating service. In case of two (2) different ratings the higher rating shall prevail. Any security downgraded subsequent to purchase which results in the security falling below the recommended guidelines may be held at the Investment Manager's discretion. Mortgages, excluding those backed by the United States Government or Government Agencies and Instrumentalities, which are commercial property secured by a first lien mortgage note for up to, but not in excess of, 80 percent of the appraised value of the property. (3) Trust funds may not specifically be invested in: Private Placements, Eurodollar Securities, Foreign Credits or Debt to Equity Exchanges. (-34) Within the limitations of the foregoing standards, the board shall have authority to acquire every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts. The board may retain property properly acquired without limitation as to time and without regard to its suitability for original purchase. * * * * * it 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 section, part of section, paragraph, clause, phrase, or word of this Ordinance is for any reason held or declared to be invalid, the remaining provisions of this Ordinance shall not be affected. -3- t10�14)v- Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 8th day of October , 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of CITY CLERK D AD APPROVED BY: RAMON IRIZAW - ASSISTANT VITY ATTORNEY .VIER V. 9UAREZ,('MAYOR APPROVE AS TO FORM AND CORRECTNESS: at-lj N 0 S, II CITY I EY R:bf:M 23 109 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission 00 � Cesar H. Od City Manager RECOMMENDATION DATE : June 25, 1992 FILE : SUBJECT :Amended Investment Guide- lines: General Employees' and Sanitation Employees' REFERENCdietirement Trust ENCLOSURES: It is respectfully requested that the City Commission adopt the attached ordinance amending Section 40-229 of the Code of the City of Miami, Florida, generally relating to the General Employees' and Sanitation Employees' Retirement Trust and specifically concerning investment guidelines. BACKGROUND Upon the advice of their investment managers and legal counsel, the Trustees of General Employees' and Sanitation Employees' Retirement Trust adopted the attached investment guidelines. Investment guidelines principally delineate the amount and type of equities and fixed -income instruments in which the trust may invest. The modifications of the investment guidelines are noted within the attached ordinance and generally consist of: (1) diversification of the Trust's assets to include equity investment in foreign companies listed on US stock exchanges, (2) fixed -income investment to include securities issued or "backed" by obligations of the US Government and its agencies and instrumentalities, and (3) mortgages which are commercial property secured by a first lien mortgage note. As provided by the ordinance, equity investment in foreign companies listed on US stock exchanges will primarily consist of American Depository Receipts (ADRs) which are negotiable certificates issued by a US depository bank and which represent shares of non -US companies. In addition, the ordinance provides limitations in the aggregate amount of the Trust's assets that may be invested in these securities at three percent in any one issuing corporation. The ordinance also provides for the investment in: (1) repurchase agreements with US Treasury Securities, (2) investment -grade corporate debt issues rated A or better, (3) mortgages which are commercial property secured by a first lien mortgage note. Finally, the ordinance establishes prohibitions 1Y021 14U Mayor and Commission June 25, 1992 Page 2 to investment in private placements, eurodollar securities, foreign credits or debt to equity exchanges. The Retirement Trust's administrator and legal counsel will be present at the July 9th City Commission Meeting should the Commission request additional information or clarification concerning the investment guidelines. In addition, one of the Trust's investment managers will be present to provide additional information concerning specific investments. CITY OF MIAMI, FLORIDA 4 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission p FROM : Cesar H. Odi +CW r f City Manager DATE FILE November 4, 1992 SUBJECT : Amended Investment Guide- lines: General Employees' and Sanitation Employees' REFERENCEsRetirement Trust ENCLOSURES: It is respectfully requested that the City Commission adopt the attached ordinance amending Section 40-229 of the Code of the City of Miami, Florida, generally relating to the General Employees' and Sanitation Employees' Retirement Trust and specifically concerning investment guidelines. Upon the advice of their investment managers and legal counsel, the Trustees of General Employees' and Sanitation Employees' Retirement Trust adopted the attached investment guidelines. Investment guidelines principally delineate the amount and type of equities and fixed -income instruments in which the trust may invest. The modifications of the investment guidelines are noted within the attached ordinance and generally consist of: (1) diversification of the Trust's assets to include equity investment in foreign companies listed on US stock exchanges, (2) fixed -income investment to include securities issued or "backed" by obligations of the US Government and its agencies and instrumentalities, and (3) mortgages which are commercial property secured by a first lien mortgage note. As provided by the ordinance, equity investment in foreign companies listed on US stock exchanges will primarily consist of American Depository Receipts (ADRs) which are negotiable certificates issued by a US depository bank and which represent shares of non -US companies. In addition, the ordinance provides limitations in the aggregate amount of the Trust's assets that may be invested in these securities at three percent in any one issuing corporation. The ordinance .also provides for the investment in: (1) repurchase agreements with US Treasury Securities, (2) investment -grade corporate debt issues rated A or better, (3) mortgages which are commercial property secured by a first lien mortgage note. Finally, the ordinance establishes prohibitions 1j01 y --) Mayor and Commission November 4, 1992 Page 2 to investment in private placements, eurodollar securities, foreign credits or debt to equity exchanges. On October 8, 1992, the City Commission approved the revisions to the investment guidelines on the 1st reading of the Ordinance. However, the City Attorney's Office received the attached October 27, 1992 letter from Mr. Ronald A. Silver, Attorney to the Board of Trustees requesting additional modifications between the 1st and 2nd readings of the ordinance. The amendment was initiated by Sanford C. Bernstein & Co., Inc., a fixed income investment manager of the retirement trust. The amendment principally addresses retirement trust investments in the following instruments: Bonds, notes, mortgage -backed securities or other obligations of the United States or those guaranteed by the United States or any Agency or Instrumentality of the United States Government or for which the credit of the United States Government, Government Agency or Instrumentality is pledged for the payment of the principal and interest or dividends thereof. Investment grade corporate debt issues and asset -backed securities rated A or better by at least one (1) nationally recognized rating service. Mortgages, excluding those backed by the United States Government or Government Agencies and Instrumentalities, which are commercial property secured by a first lien mortgage note for up to, but not in excess of, 80 percent of the appraised value of the property. The Retirement Trust's legal counsel and one of the Trust's investment managers will be present at the November 12th City Commission Meeting should the Commission request additional information or clarification concerning the proposed investment guidelines. -L1 11021 Zitv -of �tamt . Ot t 7� MATTY HIRAI City Clerk --( 1 February 1, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and Resolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: LEA&,Q DEPUTY CITY 9JERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3s00 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 2WS360 1[T# �t�iZYCi MATTY HIRAI City Clerk February 1, 1993 Ms. Janet Reno State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Reno: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and Resolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk B Y :1 DEPUTY CITY CL R U RECEIVED BY: ------------------------ DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360 �i #� of � tttxnc A 'i of .I MATTY HIRAI City Clerk '•°"; ;;"" February 1, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances and a Resolution which amend the Code of the City of Miami, Florida: R 92-693 11028 11021 11026 11029 11032 If I can be of any further assistance, please do not hesitate to call. Very truly rs, Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233-0705/(305) 250-5360 J. T f IV Df rt� e,riyti MIAMI 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the 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 N0. 11021 in the .......X .X .X Court, ................... was published in said newspaper in the issues of November 20, 1992 Affiant further says that the said Miami 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 sec o ss mail matter at the post office in Miami in said Da Cou y, Florida, for a period of one year next preceding th first p lication of the attached copy of advertisement; and all nt fur er says that she has neither paid nor promised any pe on, m or corporation any discount, rebate, commission or efu for the urpose of securing this advertisement for pu is ion in th aid newspaper. Sworn to and subscribed before me this 20th ""f .....N a ._ , A.D.19.9.2. . (SEAL) C1AL NV t e+>* ■ Sookie Wi lams person��`rnr1�OR rJ� y WELIC STATE COMM `1 �SION Nfl' CC 17210i A* CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 12th day of November, 1992, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 11020 AN EMERGENCY ORDINANCE ESTABLISHING A TRUST AND AGENCY FUND ENTITLED: "PROFFERED TRUST FUND" CONSISTING OF VOLUNTARY CONTRIBUTIONS FROM PRIVATE DEVELOPERS; APPROPRIATING $84,000 FOR THE OPERATION OF SAID TRUST FUND; AUTHOR- IZING THE CITY MANAGER TO EXPEND $25,000 OF SAID APPROPRIATION FOR THE PURPOSE OF PROVIDING SECURITY RELATED IMPROVEMENTS AT RAINBOW VIL- LAGE, A PUBLIC HOUSING FACILITY LOCATED AT APPROXIMATELY 2140 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AND TO EXPEND AN ADDITIONAL AMOUNT, NOT TO EXCEED $10,000, OF SAID APPROPRI- ATION FOR THE PURPOSE OF A STUDY OF ALTERNATE SOLUTIONS TO THE COCONUT GROVE PARKING PROBLEM; AND TO EXPEND ADDITIONAL AMOUNTS OF $24,500 EACH FOR THE PURPOSE OF IMPROVING VIRRICK AND DORSEY PARKS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11021 AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CHANGES IN INVESTMENT GUIDE- LINES AND TYPES OF FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11022 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING; ARTICLE 6, SPECIAL DISTRICTS, SECTION 609. SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO CLARIFY INTENT AND LIMIT AND PROHIBIT CERTAIN PERMITTED PRINCIPAL AND ACCESSORY USES AND STRUCTURES, CONDI- TIONAL PRINCIPAL AND ACCESSORY PERMITTED USES AND PROPOSED SIGN LIMITATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11023 AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY EXTENDING THE BOUNDARIES OF SD-9, BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTIES FRONTING ON BISCAYNE BOULEVARD FROM APPROXIMATELY NORTHEAST 36TH STREET TO NORTHEAST 60TH STREET AND FROM THE LITTLE RIVER CANAL TO NORTHEAST 82ND STREET (MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A REFERENCED HEREIN AND MADE A PART THEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 9, 14 AND 15 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI CITY CLERK a MIAMI, FLORIDA (#542) 11120 92-4-112052M