HomeMy WebLinkAboutO-1988-072 r v
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ORDINANCE NO. 72-88
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING ARTICLE IV OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA ENTITLED " PENSIONS AND
RETIREMENT" TO PERMIT POLICE OFFICERS WHO WERE
PREVIOUSLY MEMBERS OF THE CITY OF DANIA POLICE
AND FIRE FIGHTERS RETIREMENT SYSTEM AND WHO ARE
CURRENTLY EMPLOYEES OF THE SHERIFF OF BROWARD
COUNTY PURSUANT TO THE SERVICE AGREEMENT APPROVED
i BY RESOLUTION NO. 35-88 TO REMAIN AS MEMBERS OF
SAID SYSTEM AND TO AUTHORIZE SAID SYSTEM TO
ACCEPT CONTRIBUTIONS FOR SAID CONTINUED
MEMBERSHIP ; PROVIDING FOR A SAVINGS CLAUSE ,
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS IN CONFLICT
HEREWITH BE REPLACED TO THE EXTENT OF SUCH
CONFLICT; AND PROVISIONS FOR AN EFFECTIVE DATE.
WHEREAS, Article IV of the Dania Code provides that the
1 police officers of the City of Dania shall be members of the City
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of Dania Police and Fire Fighters Retirement System established
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therein , and
WHEREAS, the members of the System who are police officers
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became employees of the Sheriff of Broward County on October 1 ,
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11988 , pursuant to the Service Agreement between said Sheriff and
the City approved by Resolution No. 35-88 and
WHEREAS, the City must permit said police officers who elect
to do so to continue to be members of said System, as required by i
section 121 .08 ( 1 ) ( f ) , Florida Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA AS FOLLOWS:
f ,
Section 1 . That Section 18-40 of Chapter 18 of the Code of j
the Ordinances of the City of Dania, Florida be and the same is 11
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hereby amended by deleting item ( 6 ) of said section and
substituting the following in its place:
(a) all actively employed employees of the city
as of March 1 , 1977 , or later classified as full-
time sworn police officers , as defined on the
effective date in Section 185 . 02 , Chapter 185 ,
F.S .A.
(b) all actively employed employees of the city
as of March 1 , 1977 or later classified as
regular full-time Eire fighters as defined on the
effective date in Section 175 .032, Chapter 175 ,
F.S .A; and t
( c ) all actively employed employees of the I
Sheriff of Broward County, also known as the J
Broward Sheriff ' s office , classified as deputy
sheriffs or law enforcement officers who were >'
initially employed by the Sheriff on October 1 ,
Ordinance No. 72-88
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1988 pursuant to the Service Agreement between
the City and the Sheriff approved by the City
Commission Resolution No. 35-88 , who were members
of this System on September 30, 1988 and who
elected, on or before December 1 , 1988 , to remain
as members of this System.
( d ) All civilian employees of the fire and
police departments and the Sheriff ' s office shall
be excluded from this definition.
Section 2. That Section 18-40 of Chapter 18 of the Code of
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the Ordinances of the City of Dania, Florida be and the same is
hereby amended by adding subsection ( 15 ) as follows :
( 15 ) SHERIFF means the Sheriff of Broward County
and the Broward Sheriff ' s Office.
Section 3 . That Section 18-42( 3 ) (d ) of Chapter 18 of the
Code of the Ordinances of the City of Dania, Florida be and the
same is hereby amended by adding the words "or Sheriff " "after
the work "city" so that said item hereafter shall state:
( d ) Benefit offsets . The service incurred
disability benefits herein shall be reduced or
offset by the reqular monthly amounts, whether
paid periodically or as a lump sum, to which the
disabled member is entitled under worker ' s
compensation or any other city or Sheriff
financed disability or salary continuation
program including social security.
Section 4 . That Section 18-42( 3 ) ( E ) of Chapter 18 of the
Code of the Ordinances of the City of Dania, Florida be and the
t` same is hereby amended by adding the words "or Sheriff" after the
I
word "city" so that said item hereafter shall state:
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( f ) Recovery . In the event of recovery from
disability as determined by the board, and re-
employment by the city or Sheriff as an employee,
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the period of time while disabled shall not be
included as continuous service. In the event of
recovery , but without re-employment as an
employee , the member ' s future benefit shall he
determined as though he initially terminated
employment on his date of disability.
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Section 5 . That Section 18-42 ( 4 ) (b) of Chapter 18 of the
Dania, Florida be and the
Code of the Ordinances of the City of
'i rds "or Sheriff" after the
same is hereby amended by adding the wo
" that said item hereafter shall state:
words City of Dania" , so
( b) Nonservice incurred . If any
member shall
die while in active service as an employee of the
City of Dania or Sheriff , but from or service,cases a death
not
attributable to active duty
benefit shall be payable as follows :
Section 6 . That Section 18-42 ( 5 ) of Chapter 18 of the Code
of the ordinances of the City of Dania, Florida be and the same
bsection and substituting
is hereby amended by deletinq said su
the following in its place: i
i
( 5 ) VESTING . If a member terminates his employment with
the police or Eire departments or Sheriff , either
voluntarily or by lawful discharge , and is not eligible for
any other benefits under this system, he shall be entitled
to the following :
( a) With less than ten ( 10 ) years of continuous service --
Refund of accumulated contributions.
(b) with ten ( 10) or more years of continuous service:
j ( 1 ) The pension benefit accrued to his date of
termination , payable commencing at his
ootherwise
eleearliestt
normal retirement date, provided he
withdraw his accumulated contributions , and provided he
survives to that normal retirement date, or
( 2 ) Refund of accumulated contributions.
Any member of this system who, for whatever reas as policeon has ,
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his employment with the SheriEbEatrwho remains with or was
or firefighter terminated, or Sheriff in some other
previously employed by the city with the
capacity so that his total period of employmentears or
city or Sheriff , or both combined , is ten ( 10 ) y
more, shall have all benefits accrued under this system
preserved , provided he does not elect to withdraw his
accumulated contributions. Such accrued benefits shall be
payable at his otherwise normal retirement date , in
accordance with the
vretirement this
date system
urposes
under this For vesting
of determining normal
provision, continuous service
herein include defined all
wellcontin
employment as an employee uent to termination as an actively
period of time subseq member of this system; provided
j employed and contributing a able under
further , however , that btoEscontinued emphall not be loyment as an
this system during any period he Sheriff .
employee by the city
Forfeitures arising from terminations of employment
shall serve only to reduce future city contributions.
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Section 7. That Section 18-44 ( 2) of Chapter 18 of the Code
of the Ordinances of the City of Dania, Florida be and the same
is hereby amended by adding the words "or Sheriff" after the
words "city" so that said item hereafter shall state:
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( 2) STATE CONTRIBUTIONS. Any monies received by
reason of laws of the State of Florida, for the
express purpose of fundinq and paying for
retirement benefits for police and firemen of the
city or Sheriff shall be deposited in the trust
fund comprisinq part of this system.
Section 8 . That Section 18-44 ( 3) of Chapter 18 of the Code
of the Ordinances of the City of Dania, Florida be and the same
is hereby amended by deleting said subsection and substitutinq
the followinq in its place:
i
( 3 ) EMPLOYER CONTRIBUTIONS : So lonq as this
system is in effect, the city, on behalf of
members who are city employees, and the Sheriff,
on behalf of members who are Sheriff ' s employees,
shall make an annual contribution , payable at
least quarterly, to the trust fund in an amount
equal to the difference in each year as between
the total of aqqreqate member contributions For
the year plus state contributions for the year
and the total cost For the year as shown by the
most recent actuarial valuation and report for
the system. The total costs for any year shall
be defined as the total of normal cost plus the
additional amount sufficient to amortize the
unfunded accrued past service liability over a
forty ( 40) year period commencinq with the fiscal
year in which the effective date of this system
occurs. The amount of the Sheriff ' s contribution
shall be subject to the limitations of subsection
( 5 ) of this section.
Section 9 . That Section 18-45 of Chapter 18 of the Code of
the Ordinances of the City of Dania , Florida be and the same is
hereby amended by addinq subsection ( 5 ) as follows :
( 5 ) SHERIFF CONTRIBUTIONS: The member
contributions on behalf of members employed by
the Sheriff shall be paid on said members ' behalf
by the Sheriff but shall be regarded for all
other purposes hereunder as Member
Contributions . The total member and employer
annual contributions paid to the system by the
Sheriff shall not exceed the amount of
contributions ( including health insurance
supplement contributions ) , expressed as a
percentage of wages, which were payable by the
Sheriff durinq the same annual period to the
Florida Retirement System on behalf of the
Sheriff ' s deputy sheriffs and law enforcement
officers covered by the Florida Retirement
System. Should the maximum contributions paid to
this system by the Sheriff be less than the
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amount required by subsection ( 3 ) hereof , the
j difference shall be paid to by the trust fund by
the city.
Section 10 . Except as herein amended , all other provisions
of said Article IV shall remain in full force and effect.
Section 11 . That all resolutions or parts of resolutions �
and all ordinances or parts of ordinances in conflict herewith be j
and the same are hereby repealed to the extent of such conflict.
Section 12 . That this Ordinance shall be in full force and i
take effect immediately upon its final passage and adoption. -
PASSED AND ADOPTED on first reading on this 8th clay of
Nobember 1988 .
PASSED AND ADOPTED on second and final reading on this
j 22_ day of November , 988 .
MAYOR - OMM�"TUNER
ATTEST:
CITY CLERK - AUDITOR
I
APPROVED FOR FORM AND CORRECTNESS :
BY:
FRANK C. ADLER, CITY ATTORNEY
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DNPF.ORD
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5 ORDINANCE NO. 72-88 '!
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CITY COMMM15110
'[AN
CITY OF D.-I-
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1' ` �� REGAR DI GIADOPTION
OF THE ROLLOWINO
' ', PROPOSED
HE SUN-TATTLER ENT;[ER S,HERE�o ml;:
cInn al In.
rorltl., on NOVEMBER
Loots M•rrple�.�In�
Established as The Hollywood Sun - January 4. 1935 „T m..°.Iii, d -I--
HOLLYWOOD. BROWARD COUNTY, FLORIDA ��; �gm°m"„e�",o,l„'01
% IM D.n,. CITY H.11
100
W.11 D.nl. B.Rcn BOu1P
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STATE OF FLORIDA .AN ORON,ANCE OF THE
COUNTY OF BROWARD CITY AMe N OF DANIAOMA O FLRDI-
ORI•
DA,
Jack D. Pate LAONVC,N6' RM BYT E
Before the undersigned authority personally appeared BENEFICIARY OF A DE
C ASlD VCST ED EM
Advertising Sales Manager PLOYE/ TO LfiCT TD
who on oath Says the/She) is KIR THE B[NEiITS OF
THE OE CE ASED EM•
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward PLOYBE IM THE PLAN
UNTIL THE VpULO•BE
NORMAL TIf16MENT
County, Florida; that the attached copy of advertisement, being a DATe,oR TAKE AN
AG TdA11IA``LY R[-
DUC EDf,ENlFIT 1ST TH[
Notice of Hearin Before City Commission TIM! OR Dlff!llA LL PRO
g VIDI HD THAT LL
RANGES OR ARTSS
OF
S. Cityof Dania ORDINANClSAND ALL
la the matter Of RESOLUTIONS I PARTS
OF RESOLUTIONS IN
100 W. Dania Beach Blvd. CoutK CONFLICCT gqERE WITH
[! REI(AFS TO THE
in the fi%TENT OF SUCH LONG
FLICT; AND I NG
FOR AN EFFFECTIECTI VE
was published in said newspaper in the issue of DDA E.DINANCE OR THE
YAEINFSUS
November I1 1988 DAMNDGB-
SEITIOS 1.1 AND F OF
ARTICLE S, PART XII OF
Affiant further says that the said SUN-TATTLER is a newpaper published al Hollywood In ITHE CII EY ACFOUR
HART FRIFTO
said Broward County,Florida,and that the said newspaper has heretofore been continuously ,,/sIVOTE OF THE CITY
COMMISSION TO AP-
published in said Broward County, Florida, each week and has been entered as second class COMM OTH W NE D ALL A N
matter at the post office in Hollywood in said County. Florida, for a period of one year next VALUE ITHAN LESS APPRAISED
TNAN
preceding the first publication of the attached copy of advertisement: and alflanl further 1150 0000o AND AN AP-
PROV.L BY THE MA
says that he has neither paid nor promised any person. firm or corporation any discount. Tog aYT OF THE ELECp
reba ,commission or refund for the purpose of securing this advertisement for publication REF If E NOUM 17. AN
TION.OF LAND WITH .N
Int '�Id-Lnew )erg APPRAISED vAluE
fA'L/'� • EQUAL TO OR E%SEEP
IRO THE SLIM OF
S150 AND PROVID-
AT ALL ORD$-
OANCES OR PARTS OF y-
RDINANCES AND ALL
RESOLUTIONS OR PARTS
OF RESOLUTIONS IN
Sworn to and subscritted before me CONFLICT HEREWITH
BE RFPEALED TO THE
E%TENT OF SUCH CON-
1h1 day of •A.D. 195 FORTA TIN EFFE[I�IVE
CITDATE
AN Y OF DANIA�FLORE
NOTARY PUBLIC NOTARY PUBLIC STATE OF FLOMIS, DA AMENDING SUS-
Se CI TIONS Ic1f01 AND I.I
NY CONFAADN E%P. N0.Y I1,1991 OF SECTION 1. ARTICLE
(SEAL) L PART X11 OF THE CITY
BONDED THRU GENERAL INS' UND' CHARTER fo REDuue A
f OUR FIFTH 1,/SI VOTE
OF THE MEMBERSHIP
OF TN( CITY COMMI S.
SION FOIL THEAPPROV-
O SE RTY
I WN100'DLIDFDAPE.
RIOD IN EXCESS OF
T WEN1 1101 YEARS.
AND PROVIDING THAT
ALL ORDINANCES OR
PARTS OF ORDINANCES
AND ALLR PAR?Y RESOLUTIONS
U.
TJOIN
IN OCONf3Ol[T
HEREWITH BE RE
PEALED TO THE E%
TENT OF SUCH CON:
FLICT, AND PROVIDING
FOR AN EFFECTIVE
DATE
AN ORDINANCE OF THE
CITY OF DANIA, FLOR'-
DA.AMCCEEENDINoG ARTICLE
OF DAIIIA ANT lEO
O1NAN
•I MSIDN[ AND RI•
TIREM[NITF•-TO PERMIT
POLICE R Vf■OV10USLY
MEMBERS O€THE CITY
OF DANIA IN LICIE AND
FIRE FIGNTexSRETME-
M ARSEY tUEERREMTLV
EMPLOy[!S pF III
SNER1r .M••0/(Sy}MD
IN -I . M7' V YID OV
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