Loading...
Resolution 11823 RESOLUTION NO. 11823 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA pursuant to the provisions of Section 5 .03 of the Home Rule Charter of Metropolitan Dade County, that the following proposed Amendments to Chapter 7672, Special Acts, 1917 as Amended, the same being the Charter of the City of Miami Beach, Florida, as the same is set forth in the "Code of the City of Miami Beach, Florida" shall be submitted to the voters of said City for their approval or rejection at an elec- tion to be held on May 24, 1966: A. That that portion of Section 39 of said Charter as the same is set forth in the "Code of the City of Miami Beach, Florida" reading as follows: "Any qualified elector of the City of Miami Beach, Dade County, Florida, who expects to be absent from Dade County on the day of any municipal election hereafter held in the City of Miami Beach, may apply in per- son to the city clerk of Miami Beach for an official ballot to be used at his voting precinct at such election, and the city clerk shall furnish one such official ballot to each elector so applying therefor at any time not more than fifteen days, nor less than three days next prior to the day of such election, upon satisfactory proof to the city clerk that the applicant there- for is qualified to vote at such election, " is hereby amended to read as follows : "Any qualified elector of the City of Miami Beach, Dade County, Florida, who expects to be absent from Dade County on the day of any municipal election hereafter held in the City of Miami Beach, may apply in per- son to the city clerk of Miami Beach for an official ballot to be used at his voting precinct at such election, and the city clerk shall furnish one such official ballot to each elector so applying therefor at any time commencing two days after the closing date for filing of candidates and up to the day of the election, upon satis- factory proof to the city clerk that the applicant therefor is qualified to vote at such election, " B. That Section 40. 1 of said Charter, as the same appears in the "Code of the City of Miami Beach, Florida" be and the same is amended to read as follows: "No person holding office by election there- to by the people shall hold such office for - 1 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 more than six months following his taking of the oath and the assumption of the dut- ies of any Federal, State or County elec- tive office to which he has been elected or appointed and that such office shall there- after be deemed vacant and shall be filled in the manner prescribed in Section 28 (k) of this Charter. " C. That that portion of Section 23 of said Charter as the same is set forth in the "Code of the City of Miami Beach, Florida" reading as follows: "All officers appointed or elected as pro- vided in this Act, except those councilmen who may be elected for a four-year term as in this Charter provided, shall hold office until the next ensuing city election or un- til their successors are duly appointed or elected and qualified. " is hereby amended to read as follows: "All officers elected by the people as pro- vided in this Act, except those councilmen who may be elected for a four-year term as in this Charter provided, shall hold office until the next ensuing city election or un- til their successors are duly elected and qualified; provided, however, the term of all officers of the city, except councilman and the mayor, shall end on the day of the first regular meeting of the city council in July following the election of councilmen. " D. That Section 13 of said Charter, as the same appears in the "Code of the City of Miami Beach, Florida" be and the same is amended to read as follows: "The duties of the city manager shall be to see that all the ordinances of the said city are faithfully executed. He shall have power to appoint by and with the con- sent of the city council, all the officers of the city who are not made elective by this Charter, except the city manager, city attorney and city engineer, who shall be elected by the city council; provided that the City Manager shall be appointed by the city council at its first regular meeting in July following the election of Council- men, and thereafter the City Manager shall certify his appointments to the several city offices to the city council at their next regular meeting, and the city council shall, upon such appointment, take the same - 2 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 under consideration not later than their first meeting after such appointment is certified to them at a regular meeting. If the appointees or appointee of the city manager are confirmed by the city council, he or they shall qualify as such officer or officers and enter upon the discharge of his or their duties. In the event that such appointment or appointments are reject- ed by the city council, the city manager shall be notified of such rejections by the city clerk within forty-eight hours and thereafter the city manager shall be auth- orized and empowered to certify other appointments to the city council at the next regular meeting thereof for the office or offices left vacant by reason of the action of the city council in rejecting the first nomination of the city manager; and in the event that the city council shall fail or refuse to confirm such appointment, or in the event that the city manager shall fail or refuse to certify to the council such appointment or appointments as afore- , said, then the city council shall proceed to elect such officer or officers by a majority vote of the members present. The city manager shall have the power to bid in all property for the city at any and all judicial sales under process of law, where the city is a party; he may take command of the police and govern the city by proclamation during times of grave pub- lic danger or emergency and the city coun- cil shall be the judge of what constitutes such danger or emergency; he may, from time to time, make recommendations to the city council for the enactment of such laws or the adoption of such rules and regulations P g for the government of the various city de- partments as will in his judgment best pro- mote the interests of the city; and shall do and perform all duties imposed upon him by ordinances of the city and by this Charter. " E. That Section 24 of the said Charter as the same is set forth in the "Code of the City of Miami Beach, Florida" is hereby amended by adding the following paragraph at the conclu- sion of said section: "Provided, the city council shall also have the right by resolution adopted by the fav- orable vote of four members, and without action on the part of the city manager, to suspend any officer of the city, except - 3 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 members of the city council, for a per- iod of not more than sixty days, and to appoint some person to perform the dut- ies of said suspended officer during the period of such suspension. " F. That that portion of Section 11 of said Charter as the same is set forth in the "Code of the City of Miami Beach, Florida" reading as follows: " . . .provided, however, that said city councilmen shall not in any event re- ceive a salary of more than five thous- and dollars per year each; and provided that only members of the city council shall be elected by the duly qualified voters of the city at elections called and held pursuant to the provisions hereof and of the city ordinances, and that all other officers of said city shall be elected or appointed as herein provided. Provided, further, the in- crease of the salary of city councilmen shall not prevent any city councilman, in office at the time of such increase, being a candidate for, and being elected to, the city council at ensuing elec- tions; notwithstanding the provisions of section 8 of the Charter of the City of Miami Beach being section 8 of chapter 7672 of the Laws of the State of Florida, 1917, as amended; and provided, further, that no ordinance providing for an in- crease in the compensation of the members of the city council shall become effec- tive until a majority of the qualified voters of the City of Miami Beach, Florida, voting on the same at a special or general election called for such pur- pose, shall vote in favor thereof. " is hereby amended to read as follows: . . .provided, however, that the annual compensation for the office of council- man shall be six thousand dollars and that the annual compensation for the office of mayor-councilman shall be ten thousand dollars; and provided that only the members of the city council shall be elected by the duly qualified voters of the city at elections called and held pursuant to the provisions hereof and of the city ordinances, and that all other officers of said city shall be elected or appointed as herein provided. Pro- vided, further, the increase of the salary of city councilmen shall not - 4 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 prevent any city councilman, in office at the time of such increase, being a candidate for, and being elected to, the city council at ensuing elections; not- withstanding the provisions of section 8 of the Charter of the City of Miami Beach being section 8 of chapter 7672 of the Laws of the State of Florida, 1917, as amended; and provided, further, that no ordinance providing for an increase in the compensation of the members of the city council shall become effective un- til a majority of the qualified voters of the City of Miami Beach, Florida, voting on the same at a special or gen- eral election called for such purpose, shall vote in favor thereof. " G. That that portion of Section 112 of Article XVII of the "Code of the City of Miami Beach, Florida", the same being a part of Chapter 26024, Special Acts of Florida, 1949, being a part of the Charter of the City of Miami Beach, reading as follows: "The board shall have power and authority as follows: a. To invest and re-invest monies of, or inuring to, the Firemen' s Relief and Pension Fund in United States Government Bonds or in bonds of the City of Miami Beach, and to convert into cash such secur- ities as may be required for the payment of claims against the fund. " is hereby amended to read as follows: "The board shall have power and authority as follows: a. To invest and re-invest monies of, or inuring to, the Firemen' s Relief and Pension Fund in the following: Bonds, notes, securities or other evidences of indebtedness which are the direct obligations of the Government of the United States and for which the full faith and credit of the government is pledged. Loans, insured or guaranteed as to principal and interest by the Govern- ment of the United States or by any agency or instrumentality thereof, to the extent of such insurance or guaranty. Bonds, notes and other securit- ies of any county or incorporated city in any State of the United States or the - 5 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 District of Columbia, which are the direct obligation of such county or city and for payment of which said govern- mental body has the lawful authority to levy taxes or make assessments. Bonds, notes or other evidences of indebtedness which are payable from revenues of any structure or improvement owned by any state or incorporated city within the United States. Dividend paying stocks, common or preferred, of any corporation created and existing under the laws of the United States or of any state, provided that the amount so invested shall at no time exceed fifteen (15%) per cent of the total funds invested. Shares or savings accounts of fed- eral savings and loan associations, to the extent that they are insured by an agency or an instrumentality of the Government of the United States. " H. That that portion of Section 7, Chapter 26024, Laws of Florida, Special Acts, 1949, the same being Section 112 of the "Code of the City of Miami Beach, Florida" reading as follows: "Section 7. Individual accounts shall be established for every fireman of reg- ular status at the effective date of this Act, fireman who has been retired under any city pension plan since the adoption of Chapter 19112, Acts of Florida, 1939, or fireman who attains regular status subsequent to the adoption of this Act. To these accounts shall be credited, as of the date of each payment to the fund by the state, an amount directly propor- tionate to the total number of years of service times the rate of compensation of each participant as of that date. After adjustments by the proration of the costs of previous court action and pre- liminary expense, this method of credit- ing accounts of individuals shall be applied to the present accumulated monies as of the date of each payment thereof; and to all subsequent payments to the fund by the state after proper provisions have been made for the payment of admin- istrative expenses for the ensuing year. There shall be an annual determination of interest earned by the investments of the fund, and such interest earnings, to- gether with forfeitures as provided for in section 8, shall be prorated to the individual accounts of participants in - 6 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 the same manner as provided for payments to the fund by the state. No further credits shall be made to an individual 's account after he shall have retired under any other pension plan of the City of Miami Beach, or after he shall otherwise cease to be a participant. " is hereby amended to read as follows: "Section 7. Individual accounts shall be established for every fireman of regular status at the effective date of this Act, fireman who has been retired under any city pension plan since the adoption of Chapter 19112, Acts of Florida, 1939, or fireman who attains regular status subse- quent to the adoption of this Act. To each individual account there shall be credited, as of the date of each payment to the fund by the state, an amount of such payment which bears the same ratio thereto that the years of service of each participant bears to the years of service of all participants. After ad- justments by the proration of the costs of previous court action, and prelimin- ary expense, this method of crediting accounts of individuals shall be applied to the present accumulated monies as of the date of each payment thereof; and to all subsequent payments to the fund by the state after proper provisions have been made for the payment of administrative expenses for the ensuing year. There shall be an annual determination of in- terest earned by the investments of the fund, and such interest earnings, to- gether with forfeitures as provided for in section 8, shall be prorated to each of the individual accounts of the parti- cipants in the same proportion as the in- vested funds of the individual account of each participant bears to the total funds invested on behalf of the Fund. No fur- ther credits shall be made to an indivi- dual's account after he shall have retired under any other pension plan of the City of Miami Beach, or after he shall other- wise cease to be a participant. " I. That Section 2 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, the same being a part of the Charter of the City of Miami Beach, is amended by adding thereto at the end of Sub-section 3 thereof, the following: - 7 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 "At such time as hereinafter designated, the City shall in lieu of any other annual prior service payments hereinabove set forth, pay into such fund, in annual pay- ments, such amount as is actuarially determined to be necessary to amortize the unfunded prior service liability for all benefits provided for under this plan, at a uniform rate over a period of thirty (30) years provided, however, such annual payments shall not commence until the pen- sion benefits pursuant to terms of Section 7 1/2C hereof become effective." J. That Subsection 4 of Section 2 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, the same being a part of the Charter of the City of Miami Beach, is amended by adding at the end thereof the following: "provided, however, at such time as the provisions of Section 7 1/2C hereof become effective, the City shall thereafter pay into the funds of the system at end of each fiscal year such amount as is actuarially determined to be required in this Section, in addition to the personal contribution of the members, to fully amortize the liability for pensions in- curred during said fiscal year, computed on an interest rate as determined from time to time by the Pension Board. " K. That Subsection 5 of Section 2 of Chapter 23414, Laws of Floridan Acts of 1945, as amended, the same being a part of the Charter of the City of Miami Beach, is amended to read as follows: "provided, however, at such time as the provisions of Section 7 1/2C hereof become effective, then any excess of investment return on the funds of system over the interest rate determined by the Board as provided in Subsection 4 hereof shall be used to reduce the City's contribution. " - 8 - L. That that portion of Subsection 6 of Section 2 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, and the same being Section 126 of the "Code of the City of Miami Beach, Florida" , the same being a part of the Charter of the City of Miami Beach, reading as follows: "Those members who elect under supple- mental contract, prior to October 1, 1953, to contribute, in lieu of any other rate of contribution, six (6%) per cent of the salary or wages of such member commencing October 1, 19 53, shall waive all other benefits and in lieu thereof, shall be entitled to receive the benefits of this System including the benefits provided hereafter in Sections 7 1/2B, 8 1/2 and 9 3/4, under the terms, conditions, and restrictions prescribed in Sections 7,8 and 9 ." is hereby amended to read as follows: "Those members who elect under supple- mental contract, prior to October 1, 19 53, to contribute, in lieu of any other rate of contribution, six (6%) per cent of the salary or wages of such member commencing October 1, 19 53 , shall waive all other benefits and in lieu thereof shall be en- titled to receive the benefits of this System including the benefits provided hereafter in Sections 7 1/213, 7 1/20, 8 1/2 and 9 3/4, under the terms, conditions, and restrictions prescribed in Sections 7, 8 and 9 ." M. That that portion of Subsection 6 of Section 2 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, and the same being Section 126 of the "Code of the City of Miami Beach, Florida" , the same being a part of the Charter of the City of Miami Beach, reading as follows: "Those employees who become members after October 1, 1953, shall contribute six (6%) per cent of the salary or wages of such member, and shall be entitled to receive the benefits of this System, in- cluding the benefit provided in Sections 7 1/2B, 8 1/2 and 9 3/4, under the terms, conditions and restrictions prescribed in Sections 7, 8 and 9 ." is hereby amended to read as follows: - 9 - l;� "Those employees who become members after October 1, 1953, shall contribute six (6) per cent of the salary or wages of such member, and shall be entitled to receive the benefits of this System, in- cluding the benefit provided in Sections 7 1/2B, 7 1/2C, 8 1/2 and 9 3/4, under the terms, conditions and restrictions prescribed in Sections 7, 8 and 9." N. That Section 6 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, the same being a part of the Charter of the City of Miami Beach, Florida and being Section 126 of the "Code of the City of Miami Beach, Florida" , be and the same is hereby amended to read as follows: "Money shall be withdrawn from the pension fund created by this Act only upon warrants executed by a majority of the board. The board shall have exclu- sive charge of the investment of any surplus in said fund not needed for the current obligations thereof by invest- ment of same in the following: Bonds, notes, securities or other evidences of indebtedness which are the direct obligations of the Government of the United - 10 - States and for which the full faith and credit of the govern- ment is pledged. Loans, insured or guaranteed as to principal and interest by the Government of the United States or by any agency or in- strumentality thereof, to the extent of such insurance or guaranty. Bonds, notes and other securi- ties of any county or incorporated city in any State of the United States or the District of Columbia, which are the direct obligation of such county or city and for payment of which said governmental body has the lawful authority to levy taxes or make assessments. Bonds, notes or other evidences of indebtedness which are payable from revenues of any structure of improvement owned by any state or incorporated city within the United States. Dividend paying stocks, common or preferred, of any corporation • created and existing under the laws of the United States or of any state, and, group annuity contracts with one or more insurance companies authorized to do business in the state with assets of not less than two billion dollars, provided that the amount so in- vested shall at no time exceed fifteen (15%) per cent of the total funds invested. Such group annuity contracts may pro- vide for direct payment of bene- fits by the insurance company to members, retirants, pensioners or beneficiaries, or may provide to be made to the board to be applied towards amounts payable to such persons pursuant to the provisions of this Act. Shares or savings accounts of federal savings and loan associa- tions, to the extent that they are insured by an agency or an instrumentality of the Government of the United States. - 11 - Monies needed for the meeting of the current obligations may be deposited in a depository recognized by law for the deposit of the State of Florida and upon posting of similar security to that required for state deposits. The City of Miami Beach shall have the custody of and respon- sibility for any stocks, bonds, notes or other evidences of indebtednesses and such custody shall be for the pur- pose of safekeeping only, without any discretion in the City of Miami Beach regarding the priority of any with- drawal or transfer of any such stocks, bonds, notes, other evidences of indebtedness or funds." 0. That that portion of Section 7 of Chapter 23414, Laws of Florida, Acts of 1945, as amended, and the same being Section 126 of the "Code of the City of Miami Beach, Florida" , and being a part of the Charter of the City of Miami Beach, reading as follows: " (A) The Board shall, upon application, retire members meeting any one of the following requirements: 1. The completion of Twenty (20) years of creditable service. is hereby amended to read as follows: "(A) The Board shall, upon application, retire members meeting any one of the following requirements: 1. The completion of Twenty (20) years of creditable service, or the completion of fifteen (15) years of creditable service in the event of applicability of Section 7 1/2C hereof." P. That Section 7 1/2 of Chapter 23414, Laws of Florida, Acts of 1945, being part of the Charter of the City of Miami Beach, is amended by adding a new paragraph thereto to be numbered and to read as follows: "7 1/2C. At such time as the investment return on the funds of the system reaches a level at which the Pension Board may adopt an interest rate of such amount that the contribution required of the City, computed on the basis of such interest rate, will meet the liability incurred to provide the benefits of this Section 7 1/2C and will not be in excess of the contribution paid by the City at the end of the fiscal year of the City immediately prior to the determination of such interest rate and a certified actuarial evaluation by the actuary appointed by the Board to this effect is presented by the Board of Trustees to the City Manager, then the provisions of this Section shall become effective and those members who, pursuant to Subsection 6 of Section 2 hereof, make their election prior to - 12 - • October 1, 1966, to increase their rate of contribution to six (6%) per cent, and those employees who become members after October 1, 1966, shall be entitled to receive, upon retirement and the completion of a minimum of twenty (20)Years creditable service,and not before age fifty (50) years, a monthly pension payable for life at the following rates: (a) Two and one-half (2 1/2%) per cent of the average monthly salary or wages of the member per month for each year of the first twenty (20) years of creditable service; plus (b) Two (2%) per cent of the average monthly salary or wages of the member per month for each year of the next suc- ceeding five (5) years of creditable ser- vice, being computed as to a part of a year on a pro rata basis to the nearest month; plus (c) One and one-half (1 1/2%) per cent of the average monthly salary or wages of the member per month for each of the next succeeding years thereafter of creditable service, being computed as to a part of a year on a pro rata basis to the nearest month. In the event members and employees who shall become members as hereinbefore described complete less than twenty (20) years creditable service, but at least fifteen (15) years of creditable service, then such members shall be entitled to receive upon retirement, but not before age fifty (50) years, a monthly pension for life at the rate of two (2%) per cent of the average monthly salary or wages of the member per month for each year of creditable service, being computed as to a part of a year on a prorata basis to the nearest month. For purposes hereof, the average monthly salary or wage of the memer shall be computed upon the salary or wage upon which the member's contribution to the fund was computed for the five (5) year period immediately prior to the date of re- tirement. The benefits provided herein shall not in any event be less than those benefits provided in Sections 7 1/2A and 7 1/2B hereof. The minimum pension for a member retiring under Sec- tion 7 (A) 3 for permanent and total disability, shall be seventy- five (75%) per cent of the salary or wages of the member at the time of disability retirement. - 13 - The service retirement benefits pro- vided under Subsection C of this section, shall be payable to all eligible persons retiring after the benefits herein become effective. Q.That paragraph 1 of Subsection B of Section 9 3/4 of Chapter 23414, Laws of Florida, Acts of 1945, being part of the Charter of the City of Miami Beach, reading as follows: " 1 . To the widow, if she shall have been married to the deceased member for ten (10) or more years, the amount of pension to which the deceased member was entitled or receiving at date of death, or the sum of One Hundred Twenty Dollars ($120.00), whichever is greater, for the first twelve (12) months, and thereafter fifty per cent (50%) of such pension, or sixty ($60.00) Dollars per month, whichever is greater, until remarriage or death. If she shall have been married less than ten (10) years, the above benefits shall be payable until remarriage or death, but in no case longer ✓ than for the period of normal life expect- ancy of the deceased member at the time of his death." is hereby amended to read as follows: " 1 . To the widow, if she shall have been married to the deceased member for ten (10) or more years, the amount of pension to which the deceased member would have been entitled or would have received at date of death computed on the basis of the pension provided in Section 7 1/2B hereof, or the sum of One Hundred Twenty Dollars ($120.00), whichever is greater, for the first twelve (12) months, and thereafter fifty per cent (50%) of such pension, or Sixty ($60.00) Dollars per month, whichever is greater, until re- marriage or death. If she shall have been married less than ten (10) years, the above benefits shall be payable until remarriage or death, but in no case longer than for the period of normal life expectancy of the deceased member at the time of his death." R. That Section 2 of Chapter 18691, Laws of Florida, Special Acts of 1937, as amended, the same being a part of the Charter of the City of Miami Beach, Florida, be and the same is hereby amended by adding at the end thereof the following: - 14 - "The city council is authorized, by ordinance, to increase the pension benefits to members of the City Pen- sion Fund for Officers and Employees of the City of Miami Beach, providing such increased benefits shall be de- frayed solely from funds accruing as the result of permissible increased types of investments and a thirty (30) year funding policy. " PASSED and ADOPTED this 22 day of April , 1966. /".../ , / / 41 Mayor r� Attest: City Cle - 15 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 CO N � 00 h ci W W U U Z 1-- °3 J Z W O >O W W QI- arm Cr) J pZp _j O uW) E � > N w d Z E ct Q OWCQ