07-022
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1 ORDINANCE NO. 07- oa tA
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF
5 THE CODE OF ORDINANCES OF THE CITY OF
6 BOYNTON BEACH, FLORIDA TO AMEND ~18-135,
7 ENTITLED "BOARD OF TRUSTEES," TO ALLOW THE
8 CITY MANAGER TO APPOINT A DESIGNEE AS A
9 MEMBER OF THE BOARD TO SERVE IN HIS PLACE;
10 PROVIDING FOR CODIFICATION; CONFLICT;
11 SEVERABILITY; AND PROVIDING AN EFFECTIVE
12 DATE.
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14 WHEREAS, the General Employees' Pension Plan Board of Trustees (the
15 "Board") is composed of seven members of the Board, one of which is the City
16 ~anager;and
17 WHEREAS, it is the desire of the General Employees' Pension Plan Board of
18 Trustees ("Board") to enable the City ~anager to appoint a designee to serve in his
19 place on the Board; and
20 WHEREAS, the City Commission has reviewed the recommendations of the
21 Board and finds the amendments to the Plan proposed by the Board as provided herein
22 to be in the best interests of the Plan members and the City;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being
26 true and correct and are incorporated herein by this reference.
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page I of 4
IT
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Section 2.
Chapter 18, Article II, Division 4, S 18-77 of the Code of
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Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," IS
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hereby amended to read as follows:
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~18-135.
Board of Trustees.
(a) Composition of the Board. The composition and terms of the seven (7) members
of the Board of Trustees of the Employees Pension Plan of the city are hereby
established as follows:
(1) The ~ayor.
(2) The City ~anager, or his designee. The appointment of a City ~anager
designee by the City ~anager shall be ratified by the City Commission.
(3) Two (2) individual citizens who shall be appointed by the City Commission
to serve for three (3) year staggered terms.
(4) One (1) employee representative member shall be elected at-large by the
members of the Plan to serve a three (3) year term.
(5) One (1) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is a member of a bargaining unit of the city.
(6) One (I) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is not a member of a bargaining unit of the city.
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(7) Employee representatives on the Board must be actively employed at the
city to be elected to the Board. An employee who enters the DROP as provided in S 18-
127, may continue to serve out the remainder of their term on the Board, but an
employee representative may not be elected to the Board if they have already entered
into the DROP prior to the election.
27 (8) The terms of the employee representatives on the Board shall be staggered.
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CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
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II
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Section 3.
It is the intention of the City Commission of the City of Boynton
2 Beach that the provisions of this Ordinance shall become and be made a part of the
3 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this
4 ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to
5 "Section", "Article" or such other word or phrase in order to accomplish such intention.
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Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
7 Resolutions in conflict herewith be and the same are hereby repealed to the extent of
8 such conflict.
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Section 5.
If any clause, section, or other part or application of this
10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or
11 invalid, such unconstitutional or invalid part or application shall be considered as
12 eliminated and so not effecting the validity of the remaining portions or applications
13 remaining in full force and effect.
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Section 6.
This Ordinance shall become effective when the following has
15 occurred:
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a)
the foregoing changes to pension benefits has been ratified by the collective
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bargaining unites) representing the General Employees, or their successor
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organization;
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b)
the City Commission has received and has accepted a report establishing
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the actuarial soundness of these amendments; and
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
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c)
a copy of this ordinance has been forwarded to the State of Florida
2 Division of Retirement.
3 Upon satisfaction of this requirement, then in that event, the terms and provisions
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4 of this Ordinance shall become effective.
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FIRST READING this ~ day of AuG:.u ~T'
,2007.
SECOND, FINAL READING and PASSAGE this ~ day of
Sefr~~h~1'" ,2007.
FLORIDA
ATTEST:
/) , . .1
, f /lCUirt.d.<;
Ja et~. Prainito, C~C
ity Clerk
CITY
OF
BOYNTON
BEACH,
CommissiooffY-cc MacK l\fcCiay .' __~:::~:~
---~-~ ~/. ...5
:_--~;;';~:i;~'" .' .......~
" .
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ords in strike through type are deletion from existing law;
ords in underscored type are additions.
II
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