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HomeMy WebLinkAboutO-1980-232 ORDINANCE NO. 232 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMEND- ING ORDINANCE NO. 347 AS PASSED AND ADOPTED ON JUNE 20, 1955 , REPEALING SECTION 6 (h) THEREOF; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESO- LUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT RETROACTIVELY TO JANUARY 1 , 1977 . WHEREAS, City of Dania ordinance no . 347 was amended by ordinance no. 227 effective December 11 , 1979 , to eliminate the exclusion of part time employees by repealing subparagraph (h) of Section 6 , there- of, and WHEREAS, the Enrollment Supervisor of the Division of Retirement, State of Florida, has informed the City Clerk-Auditor that said elimi- nation of part time employees from the exclusion contained in said ordinance no . 347 should have been made effective retroactively to Jan- uary 1 , 1977 , NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That subparagraph (h) of Section 6 of ordinance no . 347 as passed and adopted on June 20 , 1955 , be and the same is hereby repealed; that subparagraph (i) of said Section 6 be redesignated ..<iV and lettered (h) , which said section after the effect of the within ordinance, shall read as follows: "Section 6 : There is hereby excluded from this ordinance any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be cover- ed, by any other ordinance or law creating any retirement system for any employee or official of the City of Dania, Florida, and there is here- by further excluded from this ordinance any au- thority to make any agreement with respect to the following services : (a) Any service performed by an employee in a position, which, on the date of federal ap- proval of this Agreement, is covered by a retire- ment system. (b) Services performed by an employee who is employed to relieve him from unemployment. (c) Service performed in a hospital , home, or other institution by a patient or inmate thereof. (d) Covered transportation service (as defined I in Section 210 (1) of the Social Security Act, as J amended) . (e) Service (other than agricultural labor or +jl I service performed by a student) which is or is permitted to be excluded from employment by any provision of Section 210 (a) of the Social Security Act, as amended, other than paragraph 7 of said Section. (f) Service of an emergency nature. (g) Service in all classes of elective po- sitions . (h) Service in positions the compensation for which is on a fee basis . " Section 2 . That except as herein amended all other provisions of said ordinance no. 347 shall remain in full force and effect. Section 3 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict. Section 4 . That this ordinance shall be in force and take ef- fect retroactively to January 1 , 1977. PASSED AND ADOPTED on First Reading on the 12.th day of b9Mch 1980 . PASSED AND ADOPTED on Second and Final Reading on the 250 day of MaAch 1980 . MhYOR-COMMISSIONER ATTEST: CITY CLERK' - AUDITOR APPROVED FOR FORM AND CORRECTIVENESS : Frank C. Adler, City Attorney City of Dania, Florida -2- 1�