ORDINANCE 732ORDINANCE NO. 28 -71 -732
ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, IMPLEMENTING SECTION 165-25
OF THE FLORIDA STATUTES BY PROVIDING
FOR VOLUNTARY RETIREMENT OF ELECTIVE
OFFICERS WITH HALF PAY OR $100.00 PER
MONTH, WHICHEVER IS GREATER AFTER 20
YEARS CONSECUTIVE SERVICE; REQUIRING
PROVISION OF APPROPRIATIONS FOR SUCH
PAYMENTS; SETTING FORTH INTENT THAT
ORDINANCE BE MADE PART OF THE CITY C ODE ;
PROVIDING PENALTIES FOR VIOLATIONS THERE-
OF; AND ESTABLISHING EFFECTIVE DATE
WHEREAS, 'Section 165 -.25 of the Florida Statutes provides
for voluntary retirement by elective officers with half pay upon
the conditions set forth therein,
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA::
Section 1, Whenever any elective officer of the City
of South Miami has held any elective office of the city or town
for a period of twenty years or more consecutively except for
one period not exceeding six months, such elective officer may
voluntarily resign or retire from such elective office with the
right to be paid, and he shall be paid on his own requisition,
by the city during the remainder of his natural life, a sum
equal to one -half of the salary that the city was authorized by
law to pay said elective officer at the time of his resignations
or retirement., or the sum of ONL 11 I)RED ;DOMARS per stonth,
%iltichever sins shall be greatdr,
f ectiqq_g. in eases .-here tin elective offices during.,
big sera of office entered or utters and served or serves fit Ow-
armed fo +eq of the lkl.ted State# during any purl d I" , o ubk
the baited Stlte§ W8 or Afill be engaged in wr SwA 111tetesfter
was or shall be appointed or again elected to the same elective
office prior to discharge from such service in the armed forces,
such time of service in the armed forces shall not be construed
to be a break in consecutive service and shall be counted in
determining the years of consecutive service of such elective
off ices.
Section 3, The city shall appropriate and provide in
its annual budget sufficient moneys to meet the requirements of
this ordinance.
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared .
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this ordinance;
and it shall be construed to have been the intent of the Council of
the city of South Miami to pass this ordinance without such un-
constitutional, invalid, or inoperative part therein; and the
remainder of this ordinance, after the exclusion of such part
or parts shall be deemed and held to be valid as if such parts
had not been included therein,
Section 5. That any person, persons, firm, partner-
ship or corporation violating any of the r •,visions hereof shall,
upon conviction, be punished by a fine not to exceed $500.00, or
by imprisonment not to exceed six months.. or by both such fine
and imprisonment in the discretion of the Municipal, Judge. Each
day a violation is permitted to exist shall, constitute a separate
offense.
See,t.l 6j, it Is intended that this dinance be
rtonent in itature and shall hd ineludcd the code of
dinaftces, MY Of 56dth hiadli Fldrfds-
Section 7, This ordinance shall take effect October
1, 1971.
PASSED and ADOPTED this 17th day of September ,
1971.
APPROVED:
Y�
MA R
Attest:
7
City erk