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Ordinance 96-3030 ORDINANCE NO. 96-3030 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1901 WHICH CREATED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES BY ELIMINATING THE REQUIREMENT THAT THE FINANCE DIRECTOR ACT AS CUSTODIAN OF ASSETS OF THE SYSTEM; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, pursuant to Article 9, Section 9 . 02 of Ordinance No. 1901 , which created the Retirement System for General Employees, the City' s Finance Director is joint custodian of the assets of the System along with the Board of Trustees of the System; and Whereas, the Board of Trustees of the Retirement System for General Employees of the City of Miami Beach, Florida, wishes to continue its responsibility as custodian of the assets of the System as set forth in Article 7 , Section 7 . 06 (k) of Ordinance No . 1901 ; and Whereas, the Board of Trustees has recommended that governance of the System could be more independent and autonomous if the Finance Director is no longer a joint custodian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: r SECTION 1 AMENDMENT OF SECTION 9 . 02 That Article 9 , Section 9 . 02 of the City of Miami Beach Ordinance No . 1901 be amended as follows : 9 . 02 Finance Director of the a33cts of the Siem and shall furnish bond or surety hand in regularly designated depositories of thc Pcw-stun Fund, and Charter or Ordinances of the City er Pension System for other funds of thc City, and shall hold all intment3 in joint custody between him3clf and thc Board. Director shall be eoneide-red a fidueiary of thc Sy3tem. (Ord. No. 93 2880 . ) SECTION 2 . REPEALER. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. SECTION 3 , SEVERABILITY. If any section, subsection, 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 affect the validity of the remaining portions of this Ordinance . 2 SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 20th day of January , 1996 . PASSED AND ADOPTED this 10th day of January , 1996 . MAYOR ATTEST: 0(004 1)04ACGAA, FORM APPROVED CITY CLERK 1st reading 12/20/95 LEGAL DEP 2nd reading 1/10/96 BY • Ill Date 1/i4/3‘ Approved as to Form: Indicates Material that has been deleted. 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ( / J�p TO: Mayor Seymour Gelber and Members of the City Commission DATE January 10, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: AN ORDINANCE F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING ORDINANCE NO. 1901 WHICH CREATED THE RETIREMENT SYSTEM FOR GENERAL EMPLOYEES BY ELIMINATING THE REQUIREMENT THAT THE FINANCE DIRECTOR ACT AS CUSTODIAN OF ASSETS OF THE SYSTEM; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Recommendation: The Administration recommends that the Mayor and the City Commission adopt this Ordinance on second reading. Analysis: When Ordinance No. 93-2880 was passed on October 20, 1993, it placed responsibility for the administration of the Pension System on the Board of Trustees. Article 7, Section 7.06(k) provides for the Board to be legal custodian of all cash and securities of the System, and gives the Board full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments. However, Article 9, Section 9.02(a)provides for the Finance Director of the City to be the custodian with the power to hold all investments under joint custody with the Board. The Board of Trustees has recommended that in keeping with the autonomy of the Pension System as desired by both the Board and the City through Ordinance No. 93-2880, that the Finance Director no longer act in joint custody with the Board as Custodian of the Retirement System. The attached amendment would eliminate the responsibility of the Finance Director to act as custodian, and allow the Board of Trustees to be the legal custodian of all assets of the General System bringing the System closer to the independent status desired by both the City and the Board. Conclusion: This amendment is recommended by the Board of Trustees as necessary to properly maintain the autonomy of the Pension System. JGP:ma AGENDA ITEM (tel DATE i - l 0-9 ro Cn + - o4' CU 4) U 24 EliO O .0 W +., C' U r1 C O •H Cd U] •H I 3 N O CPIr-- cV O C7 U Qi z r-a 4-d •q" U) zw o E a, H U Z, Q) E c7z 4J U U) 2u �, 01) CO Cl), (l Cd O V] O 4.1 .r.10 0 U N "Ci 41 •H W rC O O CO •r-I t~ (� W bA.r1 'H 0 • a-1 E v •H N •rl U CA 'CI 124 r-1 0 +, N Cd N ✓ (1) >: Cl) •r1 CO <0 +-) .a w Cd •