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HomeMy WebLinkAboutItem #08 Approval of Ordinance Regarding Change to the City of Ocoee General Employees' Retirement Trust Fund AGENDA ITEM COVER SHEET Meeting Date: 01/06/09 Item # ~ Contact Name: Contact Number: James Carnicella 1032 Rev~wed By: Depifrtffi3nt Director: City Manager: Subject: Approval of change to the City of Ocoee Municipal General Employees' Retirement Trust Fund. Background Summary: The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Trustees of the Pension Board currently serve two-year terms. Issue: Amendment to the General Employees' Pension Ordinance to change the term for the Board of Trustees from two-years to five-years. Recommendations It is the recommendation of staff that the attached Ordinance amendment be approved. Attachments: An Ordinance amendment drafted by legal counsel for the General Employees' Pension Board. Financial Impact: None. Type of Item: o Public Hearing 181 Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's DeDt Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A ORDINANCE NO. 20- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN .FULL BY ORDINANCE NUMBER 96-19; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 3, BOARD OF TRUSTEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1: Authority. The City Commission ofthe City ofOcoee has the authority to adopt this ordinance pursuant to Article VIII ofthe Constitution ofthe State of Florida and Chapter 166, Florida Statutes. SECTION 2: That Ordinance No. 96-19, adopting the amended and restated City of Ocoee Municipal General Employees' Retirement Trust Fund, as subsequently amended, is hereby amended by amending Section 3, Board of Trustees, subsection 1., to read as follows: 1. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions ofthis ordinance are hereby vested in a Board of Trustees. The Board of Trustees is hereby designated as the plan administrator. The Board of Trustees shall consist of five (5) Trustees, two of whom, unless otherwise prohibited by law, shall be legal residents ofthe City, who shall be appointed by the Ocoee City Commission, and two of whom shall be full-time vested Members of the System, who shall be elected by a majority of the General Employees who are Members ofthe System. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Ocoee City Commission. Upon receipt of the fifth person's name, the Ocoee City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a t\'\10 (2) five (5) year term unless he or she sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) five (5) years, unless he or she sooner vacates the office or is sooner replaced by the Ocoee City Commission at whose pleasure he or she shall serve.... Each Member Trustee shall serve as Trustee for a period of m 0 (2) five (5) years, unless he or she sooner leaves the employment of the City as a General Employee or otherwise vacates his or her office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself or herself in office. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 3. Repeal of Ordinances. All ordinances or parts of ordinances in conflictherewith are hereby repealed. SECTION 4. Effective Date. This ordinance shall take effect upon adoption. PASSED AND ADOPTED this _ day of ,2008. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME ,2008 ,2008 READ SECOND TIME AND ADOPTED ,2008 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS _ day of , 2008 CHRISTIANSEN & DEHNER, P .A. Special Counsel By: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2008 UNDER AGENDA ITEM NO. noc\ocoee\gen \09-04-08.ord Page 2 Copy of Public Hearing Advertisement Date Published Orlando Sentinel SUNDAY, DECEMBER 21, 2008 &.... Advertisement ..... ....~.....I,q,i.1 Publh: Hearing Notices CITY Of, OCOEE . _ ..-;:--ItUBUC HM.~I~G A PUblit'Hea,ing' belore . Itle Ocoee City CommlS.ion. wlU be held, Tuesday, January'6, f~~~egh~i1~sP;:rcii~ea~e~~d~ I" the Comml~slon ,Cham, bers ot City H'all at 150 'North LaKeshon Drive, Ocoee, Florida, to . consider Ihe 10Uowrng: II a person decides to ap. peal any decision made bY the above City Commission with respect to ony matter considered at such hearing. they will need a record 01 ;~~tfr~~~~g~~gIheO;dmlg~ I need to. ensure thot 0 verba, tim recordo! the ,.proceed- ings Is made,which record includes the testimony and ~~4er.c~au~n:~~a~ the ap- AU Interested partles are in- vited to attend ond be heard with respect to the above. I n accordance with the A- mericans with Disabiuties Act, persons needingaspe- cial occommodatipl} or qn interpreter to partiCipate In this proceeding should con- tact the City CJerk's office at 407-905.3105 ot least two days prior to the date 01 hearing. Beth EiKenberry CilY Clerk COR905739" 12121 '~.J.Jor+"'" .1-..