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HomeMy WebLinkAboutR-75-0963;zA s /c s 10/9/75 RtSO?,UTION No. 75-9F 3 A RI:' o'IUTION CORRECTING A 5CIIVENi'.f' S ERROR CONTi 4Ei) IN SECTION 2 OF ORDINANCE NO. 8469, PASSED BY THE CITY COMMISSION or THE CITY OF MIAMI, SEPTEMBER 25, 19751 AND DIRECTIIQC TTIr CLERK or TII?'. CITY OP 11IA1I 2'O RECORD THE CORRECTION TO SAID ORDINANCE: NUNC PRO TUNC. WHEREAS, the City Commission of the City of Miami passed Ordinance No. 8469 on September 25, 1975; and WHEREAS, a scrivener's error is c-)nta.ined in Section 2 of Ordinance No. 8469; and WHEREAS, the title to said ordinance No. 8469 was and is correct in every respect; and WHEREAS, it is the desire of the Commission of the City of Miami to correct the scrivener's error contained in :'ection 2 of ordinance . nunc pro tune: and WHEREAS, the amendments and section numbers referred to in Section 2 of Ordinance ;o. 8•4u" are correct in •very respect; and W1IL:RrAS, the on1: error contained in Section 2 of Ordinance No. 8469 is with renard to the reference to the Miami City Employees' Retirement System, instead of the Miami City General Employees' Retirement Plan and the effective date thereof: and WHEREAS, the correction of said scrivener's error does not affect in any way the intent of the City of Miami Commission, but is entirely consistent therewi ordinance was passed/ and CITY COMMISSION MEETING Of OCT 9 19T5 INT WHEREAS, the portion of SeCtion 2 of Ordinance 8469, which is in need of correction, reads as follows: and The MiaMi City EM910 vets' t' remnt stn i.Q rdi anc •o 30 cemL)er 6g 1939, amended) as aid Ordin- ance, as amended, appears in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, is hereby amended by amending Subsections (d)2 and (e) of Subsection 110 of said Chapter 2 to read as follows: * • • Section 2. WHEREAS, that portion of Section 2 of ordinance Yo. 8469 which is in need of correction should read as fol- lows: Section 2. The Miami Cite General Emylo:ees' Retirement Plan Ordinance N. 5624, May 2, 1956, as amended)as said Ordinance, as amended, appears in codification form as a part of Chapter 2 of the code of the Cit of Miami, Florida, 1957, as amended, is hereby amended b7 amending Subsections (d)2 and (e) of Section 110 of said Chapter 2 to read as follows: . . . NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF miiiva, FLORIDA: Section 1. That the City Clerk is directed to record the correction to Section 2 of ordinance No. 8469 nunc pro tunc, which shall read hereinafter as follows: Section 2. The Miami City General. Em- ployees° Retirement Plan Sordinance No. 5624, May 2, 1956, as amended)2as said Ordinance, as amended, appears in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, is hereby amended by amendiny Subsections (d)2 and (e) of Subsection 110 of said Chapter 2 to read as follows; . . . 1 This refers need of ch4r e. 2This refers to correc,-ed. to the portion of Section 2 which is the portion of Section 2 which is in Pa_,e 2 of 3 • PASSt;D AND ADOPTED this , 1975. r• 1r ti. D. Southern day of October Mat:rice A. Ferro MAYOR CLERK PREPAFT D AND APPROVED 3V: RONZLD A. SILVER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: S, LLOYD y Attorney -Page 3 of 3- AN ORDINANCE AMENDING i:E:RTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' pE T IPE F.17 SYSTEft (ORDINANCE NO. 2230, DECE 3ER 6, 1939, AS AMENDED) AND THE MIAMI CITY (ENEPAL EMPLOYEES' RETIREMENT PLAN, (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED); AS APPEARING IN CODIFICATION FOR AS A PART r'F CHAPTER 2 OF THE CODE OF THE CITY OF '•'IAMI , FLORIDA, 1957, AS AMENDED, MOPE PARTICULARLY AMENDING SUB- SECTIONS (d) 2 AND (e) OF SECTION 93 OF SAID CHAPTER 2 AND SUBSECTIONS (d) 2 AND (e) OF SUBSECTION 110 OF SATD CHAPTER 2: PROVIDING THAT FOR THE 1975-76 FISCAL YEAR ONLY THE DOLLAR AMOUNT OF THE CITY'S ACCRUED LIABILITY CONTRIBUTION SHALL BE CALCULATED ON A 35-YEAR AMORTIZATION BASIS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT: CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING t41TH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMIS- SION. WHEREAS, the t"iami City Ernolovees' Retirement System and the Miami City General Employees' Retirement Plan (Ordin- ance tan. 2230, December 6, 1939, and Ordinance No. 5624, May 2, 1956, as amended) were not included its a portion of the new Code of the City of Miami, Florida, effective September 1, 1967, as adopted by Ordinance No. 7585 (July 25, 1967): and WHEREAS, said system and plan now exist in the codified form as they appear in Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, in addition to basic ordinance form; and WHEREAS, any addition or ar'endments to said system and plan can thus be made by reference to the section designa- tions as they appear in said Chapter 2 of the Code of the • City of Miami, Florida, as amended: N(14, THFREFORF, PC IT no0A''IFO qY THE CO' MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami City 'mployees' Retirement System (Ordinance No. 2230, pc,,,'ber ( , 1939, as amended) as said ordinance, as amended, appears in Codification form as a Hart of Chapter 2 of the Code of the City of Miami, Florida, 1957, as amended, is hereby amended by amending Subsections (d) 2 and (e) of Section 93 of said Chapter 2, to read as follows: (d) The regular annual contribution shall consist of the total of the follow- ing: 1. The normal contribution produced by the entry age normal cost method; and 2. The accrued liability con- tribution produced by the entry age nor- mal cost method, which further shall be determined as the annual payment required to amortize the accrued liability over a twenty year period, such period to commence October 1, 1965, providing, however, that for the 1975-76 fiscal year only the dollar amount of the City's accrued lability contribution shall be calculated on a 35 dear amortization basis. (e) In the event benefits payable are increased, the accrued liability at- tributable to such increase, if any, shall be determined as the annual payment required to amortize such accrued liability over a twenty year period commencing either with the fiscal year following the adoption of such increased benefits or such other date as the board may direct, providingg however that for the 1975-76 fiscal year on the dollar amount of he Citv's ccrued 1iip ility contribution shall be calcu1a tsd on a 35-year amortization b5si;. 1T Section 2. The Miami City Employees' Retirement System (Ordinance No. 2230, December 6, 1939, as amended) as said Ordinance, as amended, appears in codification form as a part of Chapter 2 of the Code of the City of Miami. Florida, 1957, as amended, is hereby amended by amending Subsections (d) 2 and (e) of -Subsection 110 of said Chanter 2 1/ Words stricken through shall be deleted. Underscored words constitute the a►ndrent proposed. Ree►a in- ing provisions are now in effect and remain unchanged. i'age2of4 a to read as follows: (d) Thy regular annudi contribution shall consist of the total of the follow. inq: 1. The normal contribution produced by the entry age normal cost method; and 2. The accrued liability con- tribution produced by thb entry age nor- mal cost method, which further shall be determined as the annual payment re- quired to amortize the accrued liability over a twenty-year period, such period to commence October 1, 1965, providing however, that for the_ 1975-76 fiscal year onl.y the dollar amount of tie Cityy's accrued liability contribution_shail be calcu)ated on a 15-year amortization basis. (e) In the event benefits payable are increased, the accrued liability attributable to such increase, if any, shall be determined as the annual pay- ment required to amortize such accrued liability over a twenty-year period commencing either with the fiscal year following the adoption of such increased benefits or such other date as the board may direct, rovidina, however that for the 1975-76�fiscal year on_1y the dollar amount of the City s accrued liability contribution shall be calculated on a 35-year amortization basis. 2/ Section 3. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the intent of the Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be dewed and held to be valid as if such parts had not been included therein. Section 5. This ordinance is hereby declared to be an emer9ency measure on the ground of urgent public need for 2/ Ibid. - Page 3 of 4 the preservation of peace, health, satety and property in the City of Miami. Section 6. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Comnission. PASSED AND ADOPTED BY TITLE ONLY this of SEPTEMEER. _ , 1975. H, D. OUTH CITY CIkK} APPROVED AS TO FORM AND CORRECTNESS: Page 4 of 4 26 MAURICE A. FERRE MAYOR day