Ord. No. 08-86-1253ORDINANCE NO./8-86-1253
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING SUBSECTION (a)OF SECTION
16-20 OF CHAPTER 16 OF THE CODE OF ORDINANCES
OF THE CITY OF SOUTH MIAMI,FLORIDA;TO RETURN
THE MAYOR TO THE PENSION BOARD AS CHAIRMAN
AND TO ELIMINATE THE ADDITIONAL EMPLOYEE ELECTED
BY A MAJORITY OF ACTIVE EMPLOYEES WHOWAS
PLACED IN THE MAYOR'S STEAD IN ACCORDANCE WITH
ORDINANCE NO.2-86-1247;PROVIDING FOR INCLUSION
INTO THE CITY CODE;PROVIDING SEVERABILITY;
PROVIDING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT BE REPEALED AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Subsection (a)of Section 16-20 of Chapter
16oftheCodeof Ordinances beandthesameis hereby amended,
to-wit:
(a)ThePensionBoardshallbecomposedoffive (5)members
consisting of the Mayor,one active employee ofthe
City and two citizen electors of the City,all to
be appointed by the City Commission and,one active
employee of the City elected by a majority of the
active employees of the City as defined in Section
16-20 of Chapter 16 of the South Miami Code Ordinances.
No pension board member shall receive any compensation
or emolument for services onthe Pension Board.
With the exception of the Mayor,the Board members
shall each serve for a period oftwo years,or until
their successors are appointed,whichappointment
shall be evidenced byan acceptance in writing of
such appointment.The Mayor and Commission shall
serveasanInterimPensionBoard until appointment
and qualification of the Board as provided herein,
exercising all duties and perogatives of said Board,
provided that,the Board shall be appointed and
qualified within thirty (30)days from the date of
thisOrdinance.Amemberofthe Pension Boardmay
resign by delivering his written resignation to the
City Clerk and such resignation shall become effective
upon its delivery or at a later date specified therein.
If,at any time there should be a vacancy in the
membership of the Board,provided there are not less
than three members,the Board shall continue toact
until such vacancy is filled as provided above.
Section 2.If the state laws with respect to pension plans
and pension boards are at any time,amended so that the Pension
Board as composed herein shall require a recomposition in order
to be lawfully constituted,the members of the Pension Board
shall resign 15 days prior to the effective date of such new
law and a new Board shall be constituted in accordance with
such new laws and this ordinance shall be amended to conform
to the new laws.
Section 3.If any section,sentence,clause or phrase
of this ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction,then said holding shall
in no way effect the validity of the remaining portions of this
ordinance.
Section 4.It is the intention of the City Commission
that the provisions of this ordinance shall become and be made
a part of the South Miami City Code;and that the sections of
this ordinance may be renumbered or relettered and the word
"ordinance"may be changed to "section","article"or such other
appropriate word or phrase in order to accomplish such intentions.
Section 5.This ordinance shall take effect immediately
at the time of its passage.
PASSEDANDADOPTED THIS 5th day of AUQUS.t '
1986.
APPROVED:
ATTEST:_
CITY CLERK
FIRST READING ^ily ??nri.IQflfi
PUBLICATION July 25tJu_J_36
PUBLIC HEARING m
SECOND HEARING fay fit fith .19fl6
PASSED AND ADOPTED.
APPROVED AS TO FORM
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