_add-on a)Add-On Item a)
Sponsored by City Attorney
City Commission Meeting: 01.03.17
Page 1 of 2
ORDINANCE NO. _________________ 1
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An Ordinance amending Chapter 16, Article III, Section 16-39 of the City of 3
South Miami’s Code of Ordinances regarding indemnification of board 4
members of the City of South Miami Police Officers’ Retirement Trust Fund. 5
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WHEREAS, the current section 16-39 is not in compliance with the Florida Statute 7
concerning indemnification of officers, employees, or agents of the City; and 8
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WHEREAS, the proposed amendment brings the City ordinance concerning the 10
indemnification of the City of South Miami Police Officers’ Retirement Trust Fund into 11
compliance with Florida Statutes 111.07 and 111.071. 12
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 14
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 15
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Section 1.
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City of South Miami Code of Ordinances, Chapter 16, Article III, Section 16-17
39, “Indemnification of board members,” is hereby amended to read as follows: 18
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Sec. 16-39. - Indemnification of board members. 21
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(b) The fund shall indemnify the members of the board of trustees of the City of South 23
Miami Police Officers' Retirement Trust Fund individually and collectively against all 24
claims of participants as aforesaid and shall pay all expenses including court costs and 25
attorney's fees incurred in defending law suits of any form whatsoever brought by 26
participants in asserting such claims to the fullest extent authorized by law, including 27
Sections 111.07 and 111.071, Florida Statutes, for an act or omission arising out of and in 28
the scope of member's employment or function, unless, in the case of a tort action, the 29
officer, employee, or agent acted in bad faith, with malicious purpose, or in a manner 30
exhibiting wanton and willful disregard of human rights, safety, or property. Nothing in 31
this section shall: (i) constitute a waiver of sovereign immunity or a waiver of any other 32
defense or immunity to such lawsuits; or (ii) create any private right of action against the 33
City by any third party
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Section 2.
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Codification. The provisions of this ordinance shall become and be made 36
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 37
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 38
"ordinance" may be changed to "section" or other appropriate word. 39
Section 3.
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Severability. If any section, clause, sentence, or phrase of this ordinance is 41
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 42
shall not affect the validity of the remaining portions of this ordinance. 43
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 45
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 46
Add-On Item a)
Sponsored by City Attorney
City Commission Meeting: 01.03.17
Page 2 of 2
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Section 5.
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Effective Date. This ordinance shall become effective upon enactment. 2
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PASSED AND ENACTED this ____ day of _____________, 2016. 5
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ATTEST: APPROVED: 7
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________________________ ________________________ 10
CITY CLERK MAYOR 11
1st Reading 12
2nd Reading 13
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 15
LANGUAGE, LEGALITY AND Mayor Stoddard: 16
EXECUTION THEREOF Vice Mayor Welsh 17
Commissioner Edmond: 18
Commissioner Liebman: 19
________________________ Commissioner Harris: 20
CITY ATTORNEY 21
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