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Ord 81-04 (" /,\ ORDINANCE NO. 81-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", BY AMENDING SECTION 35.095(A)(4), "APPLICABILITY TO BARGAINING UNIT EMPLOYEES", TO PROVIDE FOR THE PARAMETERS FOR EMPLOYEE CONTRIBUTIONS FOR MEMBERS OF THE BARGAINING UNIT REPRESENTED BY THE NATIONAL CONFERENCE OF FIREMEN AND OILERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Section 35.095(A), "Participants Contribution Account" is hereby amended by amending Section 35.95(A)(4), "Applicability to Bargaining Unit Employees" to read as follows: Sec.35.095. CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's Contribution Account (4) Applicabiliry to bargaining unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the city and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one-half (4 Yz) percent of basic compensation unless the City and union agree to a greater participant contribution. Notwithstanding the foregoing. effective November 13. 2004. employees who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall contribute two and one half percent (2.5%) of their gross pay to fund the City's defined benefit pension plan. If an actuar:y selected by the Pension Board determines that additional monies are required to properly fund the plan. employees shall contribute at the same rate as all other non- represented employees who are members of the defined benefit pension plan. However. in (' /,\ i no event shall employees contribute less than 2.50/0 nor more than 4.50/0 of their gtoss pay. unless the Union and the City bargain for a lesser or greater percentage. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. ~PASSED AND ADOPTED in regular session on second and final reading on this the day of ~~ ,2005. ~1yA ATTEST: ~~~.~~ ~. ~~ J CITY CLERK First Reading \:1 ~ \01\ ~ "' Second Reading \ \A \ ():) , '" 2 ORD. NO. 81-04 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER w1 \ AGENDA ITEM # \Q" - REGULAR MEETING OF JANUARY 4,2005 ORDINANCE NO. 81-04 (AMENDING CHAPTER 35 "EMPLOYEE POLICIES AND BENEFITS") TO: SUBJECT: DATE: DECEMBER 30, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Section 35.095(A)(4) "Applicability to Bargaining Unit Employees", to provide that the contribution by the National Conference of Firemen and Oilers (NCF&O) shall be 2.5% and that in no event will the employee contribution be less than 2.5% or greater than 4.50/0, based on actuarial requirements. At the first reading on December 14,2004, the City Commission passed Ordinance No. 81-04. Recommend approval of Ordinance No. 81-04 on second and final reading. S:\City Clerk\agenda memo.Ord 81-04 NCF&O Contribution.Ol.04.05 01< tM [IT' DF DELRA' IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHO:\'E: 56112..Ü-7090 . FACSIMILE: 561/278-4755 DELRAY BEACH tI.8:d All-America City Writer's Direct Line: 561/243-7091 , , III! DATE: 1993 TO: 2001 MEMORANDUM December 8,2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 81-04 Enclosed is Ordinance 81-04 which provides that the contribution by the NCF&O shall be 2.50/0, and provides further that in no event will the employee contribution be less than 2.50/0 or greater than 4.5%, based on actuarial requirements. In anticipation of the ratification of the contract with the NCF&O, please place this ordinance on the December 14, 2004 City Commission agenda for first reading. fjJL SAR:ci cc: Harry Hamilton, Director of Human Resources Joe Safford, Finance Director Attachment \&A ORDINANCE NO. 81-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", BY AMENDING SECTION 35.095(A)(4), "APPLICABILITY TO BARGAINING UNIT EMPLOYEES", TO PROVIDE FOR THE PARAMETERS FOR EMPLOYEE CONTRIBUTIONS FOR MEMBERS OF THE BARGAINING UNIT REPRESENTED BY THE NATIONAL CONFERENCE OF FIREMEN AND OILERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 35.095(A), "Participants Contribution Account" is hereby amended by amending Section 35.95(A)(4), "Applicability to Bargaining Unit Employees" to read as follows: Sec. 35.095. CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's Contribution Account (4) Applicability to bargaining unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the city and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one-half (4 ~) percent of basic compensation unless the City and union agree to a greater participant contribution. NotwithstandinQ the foreqoinQ. effective November 13. 2004. emplovees who are members of the barQaininq unit represented bv the National Conference of Firemen and Oilers shall contribute two and one half percent (2.50/0) of their qross pav to fund the City's defined benefit pension plan. If an actuary selected bv the Pension Board determines that additional monies are required to properlv fund the plan. emplovees shall contribute at the same rate as all other non-represented emplovees who are members of the defined benefit pension plan. However. in no event shall emplovees contribute less than 2.50/0 nor more than 4.5% of their aross pay. unless the Union and the City baraain for a lesser or areater percentaae. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. ~\"' ù'\ O\~I ee CCvLDI CUu1¿ - ~ www.bocaratonnews.com . Boca Raton/Delray Beach News - Tuesday. December ~I Wed~e_Sd_ay, December 22 ~~4 25 100 ANNOUNCEMENTS ---{]!Ð- LEGAL NOTICES cln Of IJII:LRAY IIUCII, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the foHowmg proposed ordmances at 7.00 p.m on TUESDAY, JANUARY 4, 2005 or at any conbnuabon of such meeting whICh IS set by the CommISsIOn), In the CIty CorrnrusslOn Chambers, 100 N W. 1 st Avenue, Delray Beach, Ronda, at which time the CIty CommISSIOn WIll consider their adophon The proposed Ordinance may be Inspected at the Dfhce of the City Clerk at City Hall, 100 N W 1 st Avenue, Detray Beach, Flon- da, between the hours of 8:00 a m and 5 00 p.m., Monday through Friday, except holidays. All Interested parnes are Invited to attend and be heard with respect to the proposed ordinances ORDINANCE NO. 81-114 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC- TION 35095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSEC- TION 35095(A) "PARTICIPANT'S CONTRIBUTION ACCOUNT", BY ~~~~NB~lI~CT~~N ~¡~¡'W11~~ UNIT EMPLOYEES", TO PROVIDE FOR THE PARAMETERS FOR EMPLOYEE CONTRIBUTIONS FOR MEMBERS OF THE BARGAINING UNIT REPRESENT- ED BY THE NATIONAL CONÆRENCE OF AREMEN AND OILERS, PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFEC- TIVE DATE. OROINAllCE NO. 76-04 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, flORIDA, AMENDING CHAP- TER 112 "AlARM SYSTEMS", SEC- TION 112.21, "APPLICATION FOR ALARM REGISTRATION, REPORTING CHANGES TO REQUIRED INFORMA- TION, TO PROVIDE FOR AND TO REQUIRE ANNUAL UPDATES IN INFORMATION, AMENDING SECTION 112.26, "RESPONSE TO ALARM, AlARM USER RESPONSIBILITY, AlARM MALRJNCTION AND COR- RECTIVE ACTION", BY ENACTING A NEW SUBSECTION 112.26(A); PRO- ---{]!Ð- LEGAL NOTICES VIDING IHAI ALl Ht::>IUtNIIAl UH COMMERCIAL BURGlARY/OR INTRUSION AlARMS SYSTEMS THAT HAVE CENTRAl MONITORING SHALL HAVE A CENTRAL MONITORING VER- IFICATON CAlL MADE PRIOR TO THE AlARM MONITORING PERSONNEL, CONTACTING THE POLICE DEPART- MENT FOR ALARM DISPATCH, PRO- VIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE Please be advised that if a person decKIes to appeal any deciSion made by the City CommissIOn with respect to any matter considered at these hear- 1I1S, such person may need to ensure that a verbahm record J1dudes the tes- timony and evKIeoce upon which the appeal IS to be based The CIty does not provide nor prepare such record Pursuant to F S 286.0105 CITY OF DELRAY BEACH Chevelle D Nubln City Clerk ~LWa~::e~& Ad #119042