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HomeMy WebLinkAboutO-08054ORDINANCE NO0 I0s4 ANf 1NANCEAMENbING CERTAIN SUS SECTIONSOP THE MIAMI CITY' EMPYEES' RETIREMENT'SYS'EM (ORDINANCE: NO. 2210,1tIECEMEER 6, 1939, AS. AMENDED) .AND THE _ MIAMI CITY GENEt3AL ' EMPLt YEE5 RETIF MENT PLAN, (ORDINANC NO.. 5624,_ MAY 2, 1956, AS AMENDED); AS'APPEARING IN.CODI 'ICATION FORM. PT AS A PART OF CHAER 2 -OP THE_.CDOE. OF THE' CITY OP : MIAMI)FLORIDA, 195 , AS AMENDED,, MORE PAR..- TICUL►-tLY AMENDING SECTION 91 ANb sECtiON 109 OE SAID - CFFAP! R 2 , B' tbD ING AN AbDIT I0NA PARAGRAPH:AT. THE; END OF SUB -SECTION (1) (a). OP :SAID SECTION 91 AND BY ADDING AN ADDITIONAL PARAGRAPH -AT THE END.,OP. SUB -SECTION .(1)_ (a) OP SAID SECTION 109..OF SAID CHAPTER 2 THEREBY ELIMINATING THE THIRTY (3q. DAY MINIMUM REQUIRED' NOTIFICATION ?ERI0D BY MEMBERS RETIRING,,UPON - SERVICi-RETIREMENT,FOR'THOSE MEMBERS ASSIGNED TO.THE CUSTODY -UNIT OF THE MIAMI POLICE DEPARTS-' MENT DESIRING TO BE' RETIRED. UPON,TRANSFER'OF THE FT3NCTIONS OF THE SAID CUSTODY UNIT TO METROPOLITAN DADE-COUNTY, FLORIDA: REPEALING ALL ORbINANCES,CODE'SECTIONS OR PARTSTHEREOF- IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT: CONTAINING A SEVERABILITY PROVISION;:DECLARING THIS ORDINANCE TO BEAN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE.SAME'ON TWO SEPARATE'DAYS BY A VOTE.OF, NOT LESS THAN FOUR -FIFTHS OF THE, MEMBERS OF THE COMMISSION'. WHEREAS, the Miami City EmployeesRetirement System andCity Employees' the Miami General Retirement Plan (Ordinance No. 2230, December 6, 1939, and Ordinance No. 5624, May 2, 1956, as amended) were not included as 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 therCode of the City of Miami, Florida, 1957, as amended,. in addition to basic ordinance form: and mums, any addition or amendments 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, i957, as amended; and WHIMS. an Imminent transfer of the funatiena of the�` Cdstod. Unit of the Miami Police Department to Metropolitan Dade C oiinty , r1orida will affect present employees and members assigned to said Unit; NOW, THEREFORE, SE 11' ORMINED BY THE COMMISSION OP THE CITY OP MUHL PL0RIDP► t Section 1. The Miami City EntplOyeea' Retirement System (ordinance No. 2230, December 6, 1939, as amended) as said Ordinance, as amended, appears in codification form as a the Code of the city of. Miami, Florida, hereby amended by adding an additional of sub -section (1) (a) of Section 91 of part of Chapter 2 of 1957, as amended, is paragraph at the end Chapter 2, to read as follows: "The aboveminimum notification period of thirty (30) days shall not be applicable to any member assigned to, the custody Unit of the Miami Police. Department desiring to be retired upon transfer of the functions of the said Custody Unit to Metropolitan Dade County, Florida." Section 2. The Miami City General Employees' ent Plan ( amended), Retirement Ordinance No. 5624, May 2, 1956, as 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 adding an additional paragraph at the end of sub -section (1) (a) of Section 109 of Chapter 2, to read as follows: "The above minimum notification' period of thirty (30) days shall not be applicable to any member assigned to the Custody Unit of the Miami' Police Department desiring to be 'retired upon transfer of the functiOna of the said custody Unit to Metropolitan Dade County, Florida," Section 3. All ordinances, code MUM 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 in- validity 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 uncon- stitutional, invalid, or inoperative part therein; and the remainder of this Ordinance, after the exclusion. of or parts shall be deemed and held to be valid as if had not been included therein. Section 5. This Ordinance is hereby declared to be an emergency. measure on the ground of urgent public need for the preservation of peace, health, safety 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 Commission. PASSED AND ADOPTED this 20th day of April,1972. H,D, SOUTHERN CITY CLERK such part such parts DAVID T. KENNEDY MAYOR xr:reby certl. y that C'o' the .»z7 of “...... :. 1' D. 1C!*. 2 e ':°:1' wr''.o nm , correct copy Of `-4, t nd rolty, i w ' o: d i i'+vii Tiao pout at the $bat 3 . y f?t , .. * . * v. L:Q,�tiG tit :rt �:t1 ueo .1:'L::.a .,, �il�, �: '.� is i'... ,.�{ �•�.a,. Jr'oil',^•i,+;;l,}, ..f ` .ridua ^c't, �:T='1, r.:.il�•'l1.r:v .Q+:Z1 li-or it�tf“-Olin .' t• �. :4 C; S''i 1is ! ;i7 ....:i•f; •per a.(: 0,,: (1fQ . , ITI1 ;' ,,J; ,,fL•, t : J Q+ ic, t11 3cal Qf- p;r7.d y g �` )- . . '; tVA i.N..ota{ at:tte.•; �'j•{'fi r �`�' "7....rrf f t�' r.e. ♦f if t.fr 11 eFl D. t�e•� MIAMI REVIEW AND bML% `R ol46 Pat,/it% d !Mi fifty! 5dttirda , Ahdeiy Mid epit !Maio M!&,iti; 'bide tdufify, hotido. STATE OF FORMA -COUNT? OP MBE: leaMi i #the llftidar tgfiid i5uIhprl i �r9dffati9 a� Afed Mei}he brtibM1le, whb aA b th i8fi6 thft �h! !a' iltyhef�AOdbrfde 8Mtari6gA1'(ekbii tt heS6'Muled6iytr SeUVfIde6roy !gad gel Hblideys) newspaper. plibIlified at ;MiAMI : in Dada CtiUht9 FlOridat that the Attathed 'bbpy bf i(fveh ti66ment, being a Legit AdireftISemeht Or Nbtite In the hatter d Adoption of Ordinenoe No, 8034 ift4tAld'CI Dr t' ems + 1t'TIl withpublished in Said new paper in the issues Of Affieht further seya that the 'Said Miatnt Review eh'd belly Record Is a hewspaper published et.Mieml, In said Dade County, Florida, and, that the Said hews, paper has heretofore been cohtinuousfy published In said Dade CoUhty. Flbtida,-each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at -the post office In Mierni, In said Dade County, Florida for a period of one year heat pretedin" the first publication of the attached copy. of advertitementr and affiant further says that she has neither paid nor promised any person, firm or corporation any' discount, . rebate, commission or refund for the purpose of securing this advertisement ' for publication in the said newspaper. gth Sworn to end subscribed before me this day of Apra a.' A.D. 19 72 Marjorie T. Smith. Notary Public, State of Florida at Large. (SEAL) '` My Commissioh expires September 1, 1973. SYSTINII f ete:. A_Nt b 3' b ? AS AP-: PEARINd IN' ."CObT11CA. - TION FOILM.'AS 'A'.PAtt'li OF' CHAPTER 2' OFTHE tODE FLCi7AS1rAitt.bIDA0 , • AmENbt;D, M:0 R'.I•; PAR TICIILAALI* •...:..AMFNb1NG SECTION 91 AND- SECTION 109 O) SAtb ,CHAPTER 2 I1Y ADDI vG AN".' ADDt= TIONAL ,PAI#A0RAPH AT Tr-rE �' No OF StJi3 S$C- S1 '.TIONt9i CANT) 13V ADD- INt1 AN - -ADDITIONAL PAR,tr,RAPIt.. AT 'THE ESND'OF SUE -SECTION (1) t t' ii itrt i ytt!,-.•;1ItttttIT PA IEt'Jtit'i:tt:Ltf t1A i :tMifiitiM; 1$ tIAir''ti%lt* - tit . "Mi )Itli UPON : S9ftiVi AIi intdfo t ri tbitl taltce.Iioth : ;M `� ' lY ;='F #� first itN thl-'0th'<tia'y 'of A it H'11°.°1"P"'b,;,_ 1972: the OritnPntfiesoh tit th6 %Cat) : cirg'Otii' "'tttiri=, w, of 61111111, t� inrhlu' adniitet� , , --_'t:ltAM : 15,01iiCE �`3A.. ; nrdihalit!e t•htttkd 4IENT 'fist AN ORbII ANott AMEN ; FFit Oti.Tltb �C'ti1t7IV> INC• CERTAIN • Still -SEC -A'' OFF t49! 15Af TtOits,_OE..°TTf MIAMt'...;,bNfl',Tp -Sir Pay f# `ti. - k.MPLOtri;iJ'S' .ILEA;, tiAt»i 'f)N `Ys'-.PLtStttDA#,:-r filth 'lt'fi;NT • SYSTEM '"(ot#A ARPtR�Li1 Yr,,ALt;:' C3tbf=' DINAN_CE'.:VO:.° 229n. bF:.:,: NAifCES.-..:CODE SR�� ItiNs t' f St t3 s tt r, 1929. AS . nit PAPTS rTts;rtt_oP INT AMi:CYbLfit�ATvtS °TI#E 14$ CONFIaICT ,IYSO� Af tI tITT-. G EftAI; M= . ', Tt;kr. AR1 t':`Cb4 ; t OoVEES' SETIREMENT. (C611TAININ6 PLAN. "(bttb»NANCi . i,., Rrt;YT� t'ItnVt4Itirt;:°v'trt:'_ 8624, •; SiAT . • '2, ' ' 1966, AS - ''' °CLAI IINO' ' = Tlftt''t4t; 3 t'15tt; EMESSIENiCT,:..4': i�IfilAbtttt�; ':,f IiISPLNSLitci",;'WxTH;a.:TI# .:- RRQtitughttistt,or ttHAb� •.,f. ING• THE •; SAME SEPARATt7_;°BAYS ter ? A.'. • VOTE OPIv'O'T,LESs 0,TiIAN > otix=l ITTHS 3' "'TILE • MEMSERS LOP. THE co.MA' which is:'ttealgttated .Ordltiahce. No. 80M. It; ,b, SOIiTIItittif, CITY. CLERI{--_ (ITI' 'OF 1ttAtitr, f LORIbA (nt OT' SAIE) SECTION, Puhtratiun of this 'notirc oh` 1n9 Or, SAID CHAPTER 2 the 26111 day of Aprii, t972. 'TttErtt•:ty' RT,mtINATTNr Ad: No. 40896 RtC th. 4#1Bi ORDINANCE NO$4 AN ORDINANCE AMEN1INC CERTAIN SUE..SECTIONS Or THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NOS 221o,'DECEMEER S, 19B9) AS AMENDED) AND THE M1AMI CITY CELERAL EMPLOYEES' RETIREMENT PLAN (`ORD/NA Tc E NO. 6824) MAY 2) 18561 AS AMENDEbb); AS APPEARINd IN CODIPIC TION FORM A8 A PART OP 'CHAPTER 2`OP THE CODE OF THE CITY OP MIAMI, L'LORIDA, 19S7) AS AMENDED, MORE PAR. TICULARLY AMENDING SECTION 91 AND SECT/ON in OP SAID, CHAPTER 2 gY ADDINO AN ADDITIONAL PARAGRAPH AT THE END OP SUES -SECTION (1) (a) OP SAID SECTION 91 AWb BY ADDING AN ADDITIONAL PARAGRAPH AT THE END Off' SUE -SECTION (1) (a) Off' SAID SECTION 109 OF SAIb CHAPTER .2 THEREBY ELIMINATING THE THIRTY (3C1j DAY MINIMUM REQUIRED NOTIFICATION ?ERIOb B? MEMBERS RETIRING UPON SERVICE RETIREMENT FOR THOSE MEMBERS ASSIGNED TO THE CUSTODY UNIT OP THE MIAMI POLICE DEPART- MENT DESIRING TO BE RETIRED UPON TRANSFER OP THE FUNCTIONS OF THE SAID CUSTODY UNIT TO METROPOLITAN DADECOUNTY, PLORIDA; 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 WITH THE. REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. WHEREAS, the Miami City Employees' Retirement System and the Miami City General EmployeesRetirement. Plan (Ordinance No. 2230, December 6, 1939, and Ordinance No. 5624, May 2,.1956, as amended). were not included as a portion of the new Code 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 MINIMS, any addition or amendments 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, 1957# as mended; and WHERPAS, an imminent 'transfer of the functions Of the Custody Unit of the Miami Police Department to Metropolitan Dade County, plorida will affect present employees and members assigned to said Unit: NOW, TH;i2Ep0RE, tE IT ORDAINED BY TRH COMMtSSIOi4 OP TIM CITY Op MIIAMMI, pLO tIDA Section 1. The Miami City Employees' Retirement System (ordinance No. 2230, December 6, 1939, as amended) as said Ordinance, as amend ed, 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 adding an additional paragraph at the end of sub -section (1) (a) of Section 91 of Chapter 2, to read as follows: "The, above minimum notification period of thirty (30) days shall not be applicable to any member assigned to the Custody Unit of the Miami Police Department desiring to be retired upon transfer of the functions of the said Custody Unit to Metropolitan Dade County, Florida." Section 2. The Miami City General Employees' Retirement, Plan (Ordinance No. 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 City of Miami, Florida, 1957, as amended, is hereby amended by adding an additional paragraph at the end of sub -section (1) (a) of Section 109 of Chapter 2, to read as follows? "The above minimum notification period of thirty (30) days shall not be applicable to any member assigned to the Custody Unit of the Miami Police Aepartment desiring to be retired upon transfer of the functions of the said, Custody Unit to Metropolitan Dade County, Florida," Section - ions ', or "parts thereof in conflict y conflict) - fl�.�t 1'1�r�w�h� insofar as they are �.n are hereby repealed Section h. 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 it - validity shall riot affect the retaining portions of this Ordinance, - arid it shall 'be construed 'to have been the intent of: the Commission of the City'of Miami to pass this ordinance 'Without such uncon- stitutional,:invalid, or inoperative part therein; and -the - remainder of this Ordinance after the'exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 5. This Ordinance is hereby declared to 'be an emergency measure on the ground of urgent public.need for the. preservation of'peace,.health, safety 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 rnembers of the Commission. PASSED AND ADOPTED ON FIRST READING BY TITIE.ONLY. TiiIS 2_ AY OF April , 1972. CITY CLERK PREPARZD BY; � P Robe:? Clark, RBYIEWED 8 OX R. Rice, Jr,, Met. Director AMPRQWQ AS TO FQRM AND CQRRWCTNESS: MAYOR sat City Attorney Al +r H. ROtheteanlCaty Attorney