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Ord 23-13ORDINANCE NO. 23 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C), "ACTION BY COMMITTEE ", SUBSECTION (G) "[ACTUARY'S RESPONSIBILITIES] ", TO ALLOW THE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the General Employees Retirement Committee can currently contract with professional consultants, advisors and investment managers; and WHEREAS, the Committee has the need to use actuaries in order to perform its duties under the plan; and WHEREAS, the Committee has requested the ability to contract with actuary advisors regarding the plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C) "Action by Committee ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (C) Action by Committee, (1) (2) A majority of the members of the Committee shall constitute a quorum for the transaction of business and shall have full power to act hereunder. Committee meetings shall be noticed and open to the public. Meetings shall be conducted in accordance with rules adopted by the Committee, or by Robert's Rules of Order if the Committee has not adopted rules. Minutes of all meetings of the Committee and a record of any action taken by the Committee shall be kept in written form and such record shall be kept by the secretary appointed by the Committee. Official Committee action shall be by majority vote of a quorum of the Committee. (3) r� The Committee may invest and reinvest the assets of the Retirement Trust Fund in any investment in which assets of the Florida Retirement System may be invested pursuant to F.S. Section 215.47, as that statute may be amended from time to time, or in accordance with written investment policies adopted by the Committee. The Committee may retain such professional consultants, actuaries, advisors and investment managers as it deems advisable to carry out its responsibilities under this Section. A member of the Committee may not vote or decide upon any matter relating solely to that member, or vote in any case in which the member's individual right or claim to any benefit under the plan is involved. If a Committee member is required to abstain and the remaining members of the Committee are unable to decide the matter, the City Commission may appoint a temporary substitute member to the Committee. Section 2. That Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (G) "[Actuary's Responsibilities] ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows. (G) [Actuary's Responsibilities.] (1) The actuary will do any technical and advisory work as the amity Committee may request, including analysis of the experience of the plan from time to time, the preparation of actuarial tables for the making of computations thereunder, and the submission of an actuarial report as of the anniversary date of the plan each year to the City and the Committee, which report shall contain an actuarial valuation showing the financial condition of the plan, a statement of the contributions to be made by the City for the ensuing year, and any other information as may be required by the Committee. (2) The actuary shall be selected by the Committee. appeWed by the Gi4y to leng as it is agreeable -to the City Effid the —ae-y In computing benefits to which a participant may be entitled upon early retirement, upon the exercise of optional forms of retirement income, or upon termination of the plan, and in all other instances in which actuarial computations are required, the actuary shall use those assumptions of mortality and interest rates as were employed in the most recent actuarial valuation of the plan, or, at the option of the Committee, those assumptions as are decided upon jointly by the actuary and the Committee as being reasonable at 2 ORD NO. 23 -13 the time the calculations are made. The actuarial assumptions and the computations made therefrom adopted by the Committee shall be conclusive and binding on all persons. The Committee, City and trustee shall not be liable for any mistakes or errors in any computations made in good faith. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and al ading on this the day of I1�be-r 2013. MAYOR TT ST: 111�tCity lerk First Reading rl I's I � Second Reading CfI I ) I 1 ORD INTO. 23 -13 Coversheet TO FROM DATE MEMORANDUM Mayor and City Commissioners R. Brian Shutt, City Attorney August 26, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 111. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013 ORDINANCE NO. 23 -13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 23 -13 which would allow the General Employees Retirement Committee to retain an actuary. BACKGROUND At its meeting of August 15, 2013, the General Employees Retirement Committee requested that an ordinance change be brought to the Commission to allow the Committee to hire an actuary, as it does with other professionals. The City code currently allows the Committee to retain professional consultants, advisors and investment managers, however, the code specifically provides that actuaries shall be appointed by the City. The proposed change would allow the Committee to retain an actuary. RECOMMENDATION Commission approval. http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7102 &MeetingID =459 9/9/2013 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: September 9, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013 ORDINANCE NO. 23-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance to consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection (C), "Action by Committee ", Subsection (G) "[Actuary's Responsibilities] ", to allow the Retirement Committee to contract directly with the Actuary. BACKGROUND At the first reading on September 3, 2013, the Commission passed Ordinance No. 23 -13. RECOMMENDATION Recommend approval of Ordinance No. 23 -13 on second and final reading. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx "ltem1D= 7170 &MeetingID =461 9/24/2013 E6 PALMBEACHPOST.COM I REAL NEWS STARTS HERE THE PALM BEACH POST CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances on SEPTEMBER 17, 2013 at 7:00 p.m, or at any continuation of such meeting . which is set by the Comrission); in the Commission Chambers, 1.00 N.W. 1st Avenue, Defray Beach, Florida at which time the City Commfssion will consider theif adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Half, 100 N.W. list Avenue, Delray Beach, . Florida, between B:00 a.m. and 5:00 p.m.; Monday through Friday, except holidays, Interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 19 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF. THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ", TO MODIFY THE BOARD, MEMBER REQUIREMENTS FOR THE BOARD OF ADJUSTMENT, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 20-13 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,' FLORIDA,' AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTION C, '-COMPOSITION", TO MODIFY THE BOARD MEMBER REQUIREMENTS -FOR THE PLANNING AND ZONING BOARD, PROVIDING A SAVING CLAUSE, A GENERAL - REPEALER (fLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 21 -13 AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATICVNS OF THE. CODE OF ORDINANCES, BY AMENDING ART)CLE 8.1, "THE. COMMUNITY REDEVELOPMENT AGENCY, SECTION ,8.1.1, "COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION (B), LQgal Notices (561) 820-4343 1 FRIDAY, SEPTEMBER 6, [U13 "MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR AND VICE - CHAIR SHALL OCCUR ON AN ANNUAL BASIS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. - ORDINANCE NO. 22-13 .'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH; FLORIDA, AMENDING CHAPTER 35; "EMPLOYEE POLICIES AND BENEFITS ", SECTION 35:095, "CONTRIBUTIONS OF PARTICIPANT AND_ CITY ", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT ", TO' CLARIFY' WHEN CONTRIBUTIONS SHALL CEASE; PROVfDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,-AND AN EFFECTIVE, DATE, ORDINANCE NO. 23. -13' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE' ", SUBSECTION (C )-, "ACTION BY COMMITTEE "_, SUBSECTION (G) "IACTUARY ’S RESPONSIBILITIES) ", TO- ALLOW YHE RETIREMENT COMMITTEE TO CONTRACT DIRECTLY WITH THE ACTUARY; PROVIDING SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 25 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 'AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATE5 FOR FY +2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN DAN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by-the City Commission with respect to any matter considered atthis hearing, such person may need to ensure that a verbatim record includes the testimony and evidence upo_ n 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. Ni MMC City Clerk PUB; The Pafm Beach Post 9- 612013 #120301