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2
ORDINANCE NO. --------
3 An Ordinance amending Chapter 16, Article III, Section 16-39 of the City of
4 South Miami's Code of Ordinances regarding indemnification of board
5 members of the City of South Miami Police Officers' Retirement Trust Fund.
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7 WHEREAS, the current section 16-39 is not in compliance with the Florida Statute
8 concerning indemnification of officers, employees, or agents of the City; and
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10 WHEREAS, the proposed amendment brings the City ordinance concerning the
11 indemnification of the City of South Miami Police Officers' Retirement Trust Fund into
12 compliance with Florida Statutes 111.07 and 111.071.
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14 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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17 Section 1. City of South Miami Code of Ordinances, Chapter 16, Article III, Section 16-
18 39, "Indemnification of board members," is hereby amended to read as follows:
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20 * * *
21 Sec. 16-39. -Indemnification of board members.
22 * * *
23 (b) The fund shall indemnify the members of the board of trustees of the City of South
24 Miami Police Officers' Retirement Trust Fund individually and collectively against all
25 claims of participants as aforesaid and shall pay all expenses including court costs and
26 attorney's fees incurred in defending law suits of any form whatsoever brought by
27 participants in asserting such claims to the fullest extent authorized by law, including
28 Sections 111.07 and 111.071, Florida Statutes, for an act or omission arising out of and in
29 the scope of member's employment or function, unless, in the case of a tort action, the
30 officer, employee, or agent acted in bad faith, with malicious purpose, or in a manner
31 exhibiting wanton and willful disregard of human rights, safety, or property. Nothing in
32 this section shall: (i) constitute a waiver of sovereign immunity or a waiver of any other
33 defense or immunity to such lawsuits; or (ii) create any private right of action against the
34 City by any third party.
35 * * *
36 Section 2. Codification. The provisions of this ordinance shall become and be made
37 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
38 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
39 "ordinance" may be changed to "section" or other appropriate word.
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41 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
42 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
43 shall not affect the validity of the remaining portions of this ordinance.
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45 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
46 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
3rd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: