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HomeMy WebLinkAboutCity of Tamarac Resolution (343)C 1-1 Page 1 Temp. Reso. #9941 October 14, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-343 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ONE RESIDENT TRUSTEE TO THE FIREFIGHTERS PENSION BOARD TO SERVE A TWO-YEAR TERM ENDING JANUARY 8, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 16-331 of the Tamarac Code (attached as Exhibit "A") provides for appointment of members to the Firefighters Pension Board; and WHEREAS, Resident Trustees shall be legal residents of the City of Tamarac appointed by the City Commission; and WHEREAS, Dorothy H. Cummings was appointed to serve as a Resident Trustee to the Firefighters Pension Board on January 8, 2001 (Resolution R2001-01), attached as Exhibit " B"); and WHEREAS, Ms. Cummings' term expires January 8, 2003 and a new Resident Trustee must be appointed; and WHEREAS, the Personnel Director and City Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to appoint one Resident Trustee to the Firefighters Pension Board to serve a new two-year term. Page 2 Temp. Reso. #9941 October 14, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct, and are hereby made a specific part of this Resolution. SECTION 2: That pursuant to Section 16-331 of the Tamarac Code, the following person is hereby appointed as Resident Trustee of the Firefighters Pension Board to serve a two-year term expiring January 8, 2005 or until such time as reappointments are made: Dorothy Cummings SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ll 11 Page 3 Temp. Reso. ##9941 October 14, 2002 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 9tn day of December 2002. ATTEST: '` ,,' JOE SCHREIBER MAYOR MARION WENSON, CMC CITY CLERK I HEREBY CERTIFY that, I have approved this RESOLUTION as to( "form. MITCHELL S. KR FT'., CITY ATTORNRECORD OF COMMISSION VOTE: MAYOR SCHREIBER: Ave DIST 1: V/M. PORTNER: !�ye DIST 2: COMM. MISHKIN: Aye DIST 3: COMM. SULTANOF: Aye DIST 4: COMM. ROBERTS: ye § 1.6-310 TAMARAC CODE I* other person or instance, unless such illegality shall make impossible the functioning of this fund. (Ord. No. 99-32, § 9, 12-8-99) See. 16-311. Judicial settlements. The trustees shall be entitled, at any time, to have a judicial settlement of their accounts and to seek judicial protection by any action or proceed- ing they determine necessary and, further, to obtain a judicial determination or declaratory judgment as to any questions relating to the discharge of their duties and obligations under, or in connection with the administration of, this trust and as to the distribution of assets belong- ing to the trust. Any such determination, decision or judgment shall be binding upon all parties to, or claiming under, this trust agreement. (Ord. No. 99-32, § 9, 12-8-99) Sec. 16-312. Withholding payment. If any questions or disputes shall arise as to the proper person or persons to whom any pay- ments shall be made hereunder, the trustees may withhold such payment until there has been made an adjudication of such question or dispute which, in the trustees' sole judgment, is satisfactory to them, or until the trustees have been fully pro- tected against loss by means of such indemnifica- tion agreement or bond as they, in their sole ,judgment, determine to be adequate. (Ord. No. 99-32, § 9, 12-8-99) Sec. 16-313. Qualification of trust person- nel. No person shall serve as a trustee, administra- tive manager, custodian, investment manager or consultant to the trust fund or plan or serve in any other capacity thereof whether as an agent, officer or employee, unless such person is eligible for service in accordance with applicable law. (Ord. No. 99-32, § 9, 12-8-99) Sec. 16-314. Vesting of rights. No participant, beneficiary or employee or other person shall have vested interest or right in the trust fund except as provided by the pension plan and state law. (Ord. No. 99-32, § 9, 12-8-99) Supp. No. 35 Sec. 16-31.5. Amendment to declaration. The provisions of this declaration may be amended at any time by an instrument executed by a majority vote of the total trustee membership and enacted as an ordinance by the city commis- sion; provided, however, in no event shall the trust fund be used for any purpose other than the purposes set forth in this declaration, and for the purposes of paying the necessary expenses in- curred in the administration of this trust. (Ord. No. 99-32, § 9, 12-8-99) Sec. 1.6-316. Effective date. This article and declaration of trust shall be in full force and effect as of October 1, 1999. Pro- vided further that all participants who termi- nated employment with the city and had vested benefits in the pension plan at the time of termi- nation shall be governed by the ordinance or ordinances in effect at the time of employment termination from the city. (Ord. No. 99-32, § 9, 12-8-99) 1114 Secs. 16-317----16-330. Reserved. DIVISION 2. BOARD OF TRUSTEES Sec. 16-331. Members. (a) The plan shall be administered by five (5) trustees, as follows: (1) Two trustees, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city com- mission. (2) Two trustees shall be full-time firefight- ers, as defined in section 175.032(8)(a), F.S., or retired firefighters, receiving ben- efits hereunder, if no active firefighter is willing or available to serve as trustee, who shall be elected by a majority of the active firefighters who are participants of the plan. (3) One (1) trustee shall be selected by the other four trustees as provided for herein, and shall be appointed, as a ministerial act, by the city commission. • 0 PENSIONS AND RETIREMENT § 1.6-335 • • (4) Each trustee may succeed himself or her- self in office and may also serve on other city boards including the police officer and/or the general employee pension plans. (b) Appointed resident trustees shall serve terms of two (2) years, unless sooner replaced by the city commission at whose pleasure resident trustees shall serve. (c) Elected trustees shall serve terms of two (2) years, unless the trustee sooner leaves firefighter employment of the city. The city clerk shall con- duct the elections by secret ballot prior to the expiration of a trustee's expiring term. (d) The fifth member shall have the same rights as each of the other four members ap- pointed or elected as herein provided, and shall serve a term of two (2) years. (e) A vacancy shall occur whenever a trustee resigns, is removed by the city commission, is no longer eligible or qualified to serve as a trustee, dies or becomes incapacitated. (1) A vacancy in the office of an appointed resident trustee shall be filled by an ap- pointment by the city commission to serve a new two (2) year term. (2) A vacancy in the office of an elected trustee shall be filled by an election in the same manner as an original trustee was elected to serve a new two (2) year term. (3) A vacancy in the office of the trustee selected by the other four trustees shall be filled in the same manner as the orig- inal trustee was selected. (Ord. No. 99-32, § 9, 12-8-99) Sec. 16-332. Resignation and removal. A trustee may resign and become and remain fully discharged from all further duty or respon- sibility hereunder upon giving thirty (30) day notice in writing to the remaining trustees and, if a resident appointee, to the city commission or such shorter notice as the remaining trustees may accept as sufficient. The notice shall state the date on which such resignation shall take effect; and said resignation shall take effect on the date specified. (1) The city commission may appoint a suc- cessor resident trustee at an earlier date, in which event such resignation shall take effect immediately upon the appointment of such successor trustee. (2) The City Clerk shall conduct an election to replace an elected trustee within the stated notice period. (Ord. No. 99-32, § 9, 12-8-99) Sec. 1.6-333. Successor trustees; assumption of office. Any successor trustee shall immediately upon appointment or election and acceptance of the trusteeship become vested with all the property, rights, powers and duties of a trustee hereunder with like effect as if originally named a trustee, without the necessity of any formal conveyance or other instrument of title. (Ord. No. 99-32, § 9, 12-8-99) Sec. 16-334. Acceptance of trust by trustees. A trustee shall execute a written acceptance in a form satisfactory to the trustees. By executing such written acceptance, a trustee shall be deemed to have accepted the trust created and established by this declaration and to have consented to act as trustee and to have agreed to administer the trust fund as provided herein. Such written acceptance shall be filed with the secretary who shall notify the remaining trustees of the receipt of such acceptance. (Ord. No. 99-32, § 9, 12-8-99) Sec. 1.6-335. Limitation of liability. No successor trustee shall in any way be liable or responsible for anything done or committed in the administration of the trust prior to the date of becoming a trustee. No trustee shall be liable for the acts or omissions of another trustee to whom certain responsibilities, obligations or duties have been delegated pursuant to this trust declaration, nor shall any trustee be liable for the acts or omissions of any investment manager, attorney, agent or assistant employed by them pursuant to Supp. No. 37 1115 L 1 Page 1 Temp. Reso. #9231 December 20, 2000 Rev. #1 Dec. 27, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ONE (1) RESIDENT TRUSTEE TO THE FIREFIGHTER'S PENSION BOARD TO FILL A VACANCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a vacancy exists in the Firefighter's Pension Board; and WHEREAS, Section 16-331(e)(1) of the Tamarac Code (attached as Exhibit A) provides for filling a vacancy on the Firefighter's Pension Board in the office of an appointed Resident Trustee by City Commission appointment, said appointee to serve a new two-year term; and WHEREAS, the Trustee shall be a legal resident of the City of Tamarac; and WHEREAS, the City Clerk and City Manager recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to appoint a Resident Trustee to fill the vacancy on the Firefighter's Pension Board. Page 2 Temp. Reso. #9231 December 20, 2000 Rev. #1 Dec. 27, 2000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That pursuant to Section 16-331(e)(1) of the Tamarac Code the following person is HEREBY APPOINTED to serve as Resident Trustee of the Firefighter's Pension Board for a two-year term beginning January 8, 2001 and expiring January 8, 2003: Dorothy H. Cummings SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. El 65 1 Page 3 Temp. Reso. #9231 December 20, 2000 Rev. #1 Dec. 27, 2000 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 8th day of January, 2001. ATTEST: MASWN. CMCR CLERK I HEREEW,63ERTIFY that have approved ih)Nfi O&UTIOWas,t orm. ITCHELL S. KKAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM PORTNER DIST 3: COMM SULTANOF DIST 4: V/M ROBERTS