Resolution 10039 1
RESOLUTION NO 10039
A RESOLUTION PROPOSING AMENDMENTS
TO THE CHARTER OF THE CITY OF
MIAMI BEACH, FLORIDA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1 . The Charter of the City of Miami Beach,
being Chapter 7672, Laws of Florida, Special
Acts of 1917, as amended, is hereby further amended
by adding thereto a new section to be designated
Section 284 and to read as follows :
"Section 284. The City Council
of the City of
Miami Beach shall have power and
authority to establish by ordinance
a group life insurance plan for the
officers and employees of said
City on a contributory basis with
the City bearing not more than one-
half of the cost.
Such plan shall be
administered by the Board appointed
under the provisions of Chapter 18691,
Laws of Florida, Acts of 1937 and
said Board shall have full power
and authority to enter into
contractual obligations with
insurance carriers authorized to
do business in the State of
Florida, or by establishing a
self-administered plan or by a
combination thereof; and to
establish rates of costs based on
actuarial analyses subject to
approval by the City Council, the
coverage of which shall be fixed by
ordinance and shall not exceed
$2,000.00.
All regular employees
and officers, at the effective date
of such insurance plan may elect,
within a reasonable time to be fixed
by ordinance, in which to elect membership
in the plan and, after said effective
date, every officer or employee,upon
becoming a regular employee, shall
automatically become a member thereof
and once membership is attained it
shall be continued throughout the
period of employment by the City
and the plan, by special provisions,
may provide for continuance of member-
ship by employees who are retired
under any city pension system."
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SECTION a .. . The Charter of the City of Miami Beach, being
Chapter 7672, Laws of Florida, Acts of 1917, as
amended, is hereby further amended by adding thereto, immediately
following Section 6 thereof, a new sub-paragraph to be
designated (y) and to read as follows :
" (y) The City of Miami Beach shall have the power
through its City Council, by ordinance, to
prohibit deceptive or fraudulent advertisements pertain-
ing to the sale of goods, wares, merchandise or services
and to provide a penalty for the violation of such
ordinance and to provide for the licensing, regulation
and supervision of all sales of goods, wares and
merchandise when the same are to be advertised as being
conducted other than in the due course of a continuing
business . "
SECTION 3 . That Section 40 of Chapter 7672, Laws of Florida,
Acts of 1917, as amended, the saint, being the
Charter of the City of Miami Beach be, and the same is hereby
amended to read as follows :
"Section 40. There shall be held in the City of Miami
M
Beach, on the first Tuesday in June, A. Do
1959 and biennially thereafter, an election, at which
said election all elective officers of the City of
Miami Beach shall be elected; the city council shall
cause to be printed on the ballot to be used the name
of any qualified elector of the city who, not more than
forty-five (45) days nor less than thirty (30) days
prior to said election, shall have paid to the city
clerk for the City of Miami Beach the sum of one hundred
($100.00) Dollars as a qualifying fee and shall have
been photographed and fingerprinted by the idertification
bureau of the police department of the city, and shall
have taken, signed and subscribed to an oath or
affirmation in writing in which he shall state (1) the
title of the office for which he is a candidate; (2) that
he is a qualified elector of the City of Miami Beach,
Florida; (3) his legal residence, by street and number;
(4) whether or not he has ever been convicted of a felony;
(5) that he is qualified under the ordinances and charter
of the City of Miami Beach, Florida, to hold the office
for which he is a candidate; (6) that he has paid the
qualification fee required by this section; (7) that he
has not violated any of the ordinances or laws of the
City of Miami Beach or of the State of Florida relating
to the election or registration of electors; (8) that he
is not a member of nor does he subscribe to the
principles of any group that seeks to overthrow the govern-
ment or the constitution of the United States of America .
Such oath or affirmation shall be substantially in the
following form:
'STATE OF FLORIDA
COUNTY OF DADE SS . :
Before me, an officer authorized to administer
oaths, personally appeared
to me well known who, being sworn, says that he
is a candidate for the office of City Councilman
for the City of Miami Beach, Florida; that he is
a qualified elector of said City; that his legal
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residence is
Miami Beach, Dade County, Florida; that he has,
has not (strike out the inapplicable word or
words) been convicted of a felony; that he is
qualified under the ordinances and charter of
said City to hold such office; that he has paid
the required qualification fee; that he has not
violated any of the ordinances or laws of the
City of Miami Beach or of the State of Florida
relating to the elections or registration of
electors; and that he is not a member of, nor
does he subscribe to the principles of any group
that seeks to overthrow the government or the
Constitution of the United States of America .
Signature of Candidate
Sworn to and subscribed
before me this day
of A D19. . .
(Authorized Officer) '
The city council shall, by ordinance, prescribe the
manner of holding both general and special elections
not inconsistent with the provisions hereof, and
shall, by ordinance or resolution, prescribe polling
places in the various voting precincts in the City. "
SECTION} . That Chapter 23414, Laws of Florida, Acts of 1945,
as amended, be and the same is hereby amended by
adding thereto a new section to be designated Section 9 3/4
and to read as follows :
"Section 9 3/4. (A) If any member siall, after
October 1, 1959, die prior to
meeting the requirements to retire but after five
(5) years of service in the department from causes
not attributed to his duties, the Trustees shall
authorize and direct payments in equal monthly
installments as follows :
1 . To the widow, until death or remarriage, one-
half (2) of an amount calculated at the rate of two
percent (2%) 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 month on
a pro rata basis to the nearest month; the average
monthly salary or wages of the member shall be
computed upon the salary or wages upon which the
member ' s contribution to the Fund was computed for
the five (5) year period immediately prior to
the date of death.
2. The minimum monthly pension payable to the
widow for the first twelve (12) months after
the member' s death shall be One Hundred Twenty
Dollars ($120.00) and Sixty ($60.00) Dollars
thereafter.
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3. For each child, not to exceed two (2) , until
he or she shall have reached the age of eighteen
(18) years, or until such child or children shall
die or marry before reaching the age of eighteen
(18) years, the sum of Eighteen Dollars ($18.00)
per month.
24. The trusteeship and disbursement of the pension
to any child or children is to be determined by
the Board of Trustees .
5. A legally adopted child shall have the same
rights as a natural born child but no pension
shall be allowed to any stepchild or stepchildren
of a deceased member.
6. The pension payments to widows and/or children
shall not be decreased or reduced due to benefits
received by them under any Workmen/s Compensation
Law.
(B) If any member shall, after October 1, 1959,
die after he has met the requirements for retirement
under Sections 7 (A) 1, 2 or 4+, regardless of whether
or not pension payments have commenced, the Trustees
shall authorize and direct payments in equal monthly
installments 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 whichithe deceased member
was entitled or receiving at d to 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
expectancy of the deceased member at the time of his
death.
2. To the child or children the provisions of
Sections 8 and 8i governing the amounts and conditions
of administering children' s pensions shall apply.
(C ) If any member shall, after October 1, 1959,
retire under Section 7 A) 3, upon his death (except
as provided in Section 8) the Trustees shall authorize
and direct payments in equal monthly installments
as follows :
1 . To the widow, if she shall have been married
to the deceased member for ten (10) or more years,
one-half (2) of an amount calculated at the rate of
two per cent (2%) of the average monthly salary or
wage of the member per month for each year of credit-
able service at the time of retirement, being computed
as to a part of a year on a pro rata basis to the nearest
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month; such average monthly salary or wage of the
member being computed upon the salary or wages
upon which the member' s contribution to the Fund
was computed for the five (5) year period immediately
prior to the date of such retirement, or One Hundred
Twenty Dollars ($120.00) , whichever is greater.
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.
2. To the child or children the provisions of
Sections 8 and 82 governing the amounts and
conditions of administration of children' s
pensions shall apply.
3. The pension payments to widows and/or
children shall not be decreased or reduced
due to benefits received by them under any
Workmen's Compensation Law ."
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SECTION 5 : That Section 23 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, be amended by adding
thereto at the end thereof the following:
"provided, however, that any member of
this System who separates from active service
with the Fire or Police Departments to accept
an appointment to any office in the Classified
Service of the City shall immediately become a
member of the City of Miami Beach Employees
Retirement System and shall receive creditable
service under that System for service which is
creditable hereunder. Upon becoming a member
of said System the Trustees shall transfer
from the Funds of this System to the City of
Miami Beach Employees Retirement System an
amount equal to the accumulated amount of the
member' s contributions under this System plus
the accumulated amount of twelve (12) per cent
of the member' s earnings during each year
from January 1, 1950 to the date of transfer
together with interest at the rate of three (3)
per cent per annum from the year in which
such earnings were received, plus for members
whose creditable service began prior to
January 1, 1950/an amount equal to ten (10)
per cent of the member' s earnings in each year
from July 1, 1948 to January 1, 1950 together
with interest thereon at the rate of three (3)
per cent per annum from the date received to
the date of transfer, plus if the member has
creditable service prior to July 1, 1948 an
amount equal to fifteen (15) per cent of his
earnings during each year from July 1, 1945
to July 1, 1948 together with interest thereon
at the rate of three (3) per cent per annum
from the date received to the date of transfer,
plus if the member has creditable service prior
to July 1, 1945 an amount equal to fifteen (15)
per cent of his average annual earnings from
January 1, 1939 to January 1, 1945 for each
year of credited service prior to July 1, 1945
together with interest at the rate of three (3)
per cent per annum from the date received to the
date of transfer, and, in addition, an amount
equal to ten (10) per cent of the three preceding
amounts together with ten (10) per cent of the
accumulated amount of any member contributions
made prior to January 1, 1950 . "
SECTION 6 : That Section 4 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, be and the same
is hereby amended to read as follows:
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
•
"Section 4. Any employee of the City who,
after October 1, 1953, becomes an employee
as defined herein, and who has not attained
the age of 36 years, shall automatically be a
member of this System, and the City shall,
at such time, transfer into the Fund of this
System, all of the Accumulated Total Credit
in the pension account of each transferring
member with interest to date, except that the
accumulated amount of any additional contributions
made by the employee included in the Accumulated
Total Credit of the employee shall be paid at
that time directly to the employee. Whenever
any employee, as defined herein, shall, prior,
to becoming eligible for a pension, sever his
employment voluntarily but retains his civil
service rights with the City, and does not
have returned to him the monies provided for
in Section 23 hereof shall, upon resuming his
employment, be an employee as defined herein
regardless of age; provided, however, that
between the date of such severance and the date
of such re-employment he shall be entitled to
• no benefits hereof excepting those which may
have accrued to him prior to such severance, and
further provided upon such re-employment he
shall submit to the medical examination required
by Section 11 herein. "
SECTION? 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, be and the same
is hereby amended to read as follows:
"Section 6. 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 exclusive
charge of the investment of any surplus in said
Fund not needed for the current obligations
thereof by investment of the same in bonds or
other obligations of the United States of
America and/or of the City of Miami Beach, but
not otherwise. Monies needed for the meeting
of the current obligations of said Fund may be
deposited in a depository recognized by law for
the deposit of funds of the State of Florida and
upon the posting of similar security to that
required for State Deposits. The City of Miami
Beach shall have the custody of and the
responsibility for all Bonds and Funds of this
System, and such custody 'shall be for the
purpose of safekeeping only, without any
discretion in the City of Miami Beach regarding
the propriety of any withdrawal or transfer of
any such Bonds or Funds. "
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
SECTION 8 : That these amendments are made pursuant to the
provisions of Section 5 .03 of the Home Rule
Charter of Dade County, Florida, and shall not become effective
unless and until the same have been submitted to the electors
of the City of Miami Beach at an election to be called by
the City Council and approved by a majority of the qualified
electors following the said election.
PASSED AND ADOPTED this 1st day of April, 1959.
di AP /
. . s.' i�i ���
Mayor
Attest:
i_-
46
City C erk
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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