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HomeMy WebLinkAboutCity of Tamarac Resolution (347)�I Page 1 Temp. Reso. #9942 October 11, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-347 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ONE RESIDENT TRUSTEE TO THE POLICE PENSION BOARD FOR A TWO-YEAR TERM ENDING JANUARY 8, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 16-571 of the Tamarac Code (attached as Exhibit "A") provides for members of the Police Pension Board; and WHEREAS, Resident Trustees shall be legal residents of the City of Tamarac appointed by the City Commission; and WHEREAS, Leo Levy was appointed to serve as a Resident Trustee to the Police Pension Board on January 8, 2001 (Resolution R2001-02, attached as Exhibit "B"); and WHEREAS, Mr. Levy's 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 Police Pension Board to serve a new two-year term. Page 2 Temp. Reso. #9942 October 11, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: 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 16-571 of the Tamarac Code, the following person is hereby appointed as Resident Trustee of the Police Pension Board for a two- year term expiring January 8, 2005 or until such time as reappointments are made: Patti Lynn SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. Page 3 Temp. Reso. #9942 October 11, 2002 SECTION 5: This Resolution shall become effective January 8, 2003. PASSED, ADOPTED AND APPROVED this 91h day of December, 2002. ATTEST: JOE SCHREIBER MAYOR MARION tWENSON, CMC CITY CLERK HEREBY)CERTIFY that I have approved this RESOL4 ION --as to form. g F; MITCHELL"S. KRAFT CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER: Aye DIST 1: V/M. PORTNER: Aye_ DIST 2: COMM. MISHKIN: TAye DIST 3: COMM. SULTANOF. Aye DIST 4: COMM. ROBERTS: No L PENSIONS AND RETIREMENT § 16-574 0 • DIVISION 2. BOARD OF TRUSTEES Sec. 16-571. Members. (a) The plan shall be administered by five (5) trustees, as follows: (1) Two (2) trustees shall be legal residents of the city, who shall be appointed by the city commission. (2) Two (2) trustees shall be full-time police officers, as defined in section 185.02(11), F. S., or retired police officers receiving benefits hereunder if no active police of- ficer is willing or available to serve as trustee, who shall be elected by a majority of the active police officers who are par- ticipants 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. (4) Each trustee may succeed himself or her- self in office and may also serve on other city boards including the firefighter 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 police officer employment of BSO or the city. The city clerk shall conduct 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) Avacancy 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. 16-572. 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. 16-573. 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. 16-574. 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 Supp. No. 35 1141. EX111,6 / i 'fit Page 1 Temp. Reso. #9232 December 20, 2000 Rev. #1 Dec. 27, 2000 Rev. #2 January 3, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ONE (1) RESIDENT TRUSTEE TO THE POLICE PENSION BOARD TO FILL A VACANCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there presently exists one vacancy on the Police Pension Board due to the resignation of one resident trustee; and WHEREAS, Section 16-571 of the Tamarac Code (attached as Exhibit A) provides for filling vacant seats on the Police Pension Board; and WHEREAS, the Resident Trustee shall be a legal resident of the City of Tamarac; TTM 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 one (1) Resident Trustee to the Police Pension Board to serve a new two-year term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 11 Page 2 Temp. Reso. #9232 December 20, 2000 Rev. #1 Dec. 27, 2000 Rev. #2 January 3, 2001 SECTION 1_ 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 16-571 of the Tamarac Code, the following person is hereby appointed as Resident Trustee of the Police Pension Board for a two-year term expiring January 8, 2003, or until such time as reappointments are made: Leo Levy 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. 1 1 1 1 Page 3 Temp. Reso. #9232 December 20, 2000 Rev. #1 Dec. 27, 2000 Rev. #2 January 3, 2001 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 8th day of January, 2001. ATTEST: 7 LOW SWE ON, CMC 'CQ Y CLERK I HEREtBYCERTIFY that I have approved this RESOLUTION as to form. MITnELL S. KF CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM PORTNER DIST 3: COMM SULTANOF DIST 4: V/M ROBERTS Pi