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171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. An Ordinance, amending section 2 -22 of the Code of Ordinances of the City of South Miami, Florida, to eliminate term limits for commissions, boards and committees; providing for Severability, ordinances in conflict and providing for an effective date. WHEREAS, the City Commission recognizes the time and effort dedicated by the trustees to obtain the knowledge and skills required to manage the City of South Miami Pension System; and WHEREAS, the City Commission recognizes the significant expense incurred by the City of South Miami in training and educating its trustees; and WHEREAS, the City Commission recognizes the unique skills and knowledge developed by trustees over years to manage the City of South Miami Pension System; and WHEREAS, the City Commission recognizes that longer service by effective trustees would be in the best interest of the City of South Miami Pension Plan; and WHEREAS, an amendment to the City code is necessary to permit such new obligations and conditions; and WHEREAS, the City Mayor and City Commission have received and reviewed an actuarial impact statement related to these changes and attached as such; and WHEREAS, the City Commission deems it to be in the public interest to eliminate term limits for commissions, boards and committees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. Section 2 -22 of the Code of Ordinances of the City of South Miami, Florida, is hereby amended as follows: Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be re- numbered or re- lettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent 1 VIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 5. Effective Date. This ordinance shall become effective ten days after adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — day of 2011 READ AND APPROVED AS TO FORM CITY ATTORNEY WAMy Documents\ Ordinance _Boud_term_limitsl.final.doc 2 MAYOR COMMISSION VOTE: Mayor Stoddard Vice Mayor Newman Commissioner Palmer Commissioner Beasley Commissioner Harris m