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O94-56ORDINANCE NO. 094-~-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA (CITY CODE) BY AMENDING SECTION 18- 145. INVESTMENT OF FUNDS, AND CREATING A NEW SECTION i8-145.1,. ENTITLED "STOCKS NOT MEETING THE SPECIFIED QUALITY CRITERIA" TO PERMIT THE PURCHASE OF STOCKS WHICH DO NOT MEET THE RATING CRITERIA SPECIFIED IN CHAPTER 18, ARTICLE VIII OF THE CITY CODE ; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City desires to permit limited investment in securities not meeting the current specified quality criteria; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, that: ~-~. Chapter 18, ~Article II of the Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended as follows: CHAPTER 18. PENSION AND RETIREMENT ARTICLE 11. EMPLOYEES PENSION PLAN Section 145. Investment of Funds. The board shall have full power to invest and reinvest all funds within its control and to make investments of all kinds that are permitted by S~Liu~ 20 ' uf Li~ Buy~L~ B~ul~ CI~L~ Chapter 18. Article II of the Boynton Beach ~ and by Florida Law, except to the extent that the cou~uil ~.~ shall have directed the management of the pension funds pursuant to the following sentences. The ~uu~il Commission shall have authority to direct by resolution (a) that the board deposit funds with banks and/or savings and loan associations or invest pension funds in securities, or (b) that some or all of the pension funds should, pursuant to appropriate contracts, be placed in the custody of a bank or banks having trust powers, and/or invested or reinvested.by such a bank or banks on a fully discretionary basis so that such bank or banks have sole responsibility for such investments, subject however, to S~Liu~ 20 uf Li~ B~3~Lu~ B~t~ Ct~zL~z' Chapter 18. Articl~ II of the Boynton Beach City Code and/or paid to an insurance company or companies for investment so as to provide annuities for members of the plan and their beneficiaries in accordance with the terms of this plan .... CODING: Words in shzuuk ~lxmuu~l, type are deletion from existing law; Words in underscored type are additions. pension, i 900182,Rev.12/15/94 Page 1 of 2 ~ Chapter 18, Article II of the Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended by creating a new subsection numbered 18-145.1, as follows: Sec. 18-145.1. Stocks Meting the Specified Ouality Criteria. Not withstanding anythiBg in this Article to the contrary_, the Board of Trustees may cause up to ten (10%) percent of the equity portion of the general Employees' Pension Fund to be invested in stocks whose sole criteria shall be that they are listed on any one or more of the recognized national stock exchanges. ~. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Ail Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Authority is hereby granted to codify said Ordinance. This Ordinance shall become effective immediately upon passage. FIRST READING this ~ day of SECOND, FINAL READING and PASSAGE this ~ day of , 1994. .CI_~OF BO~NTON BEACH, FLORIDA CITY CLERK ~ CODING: Words in .~' ~ ype are e ' rom existing law; Words mn underscored type are additions. pension. 1 900182,Rev.12/15/94 Page 2 of 2