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Ord 21-14 i ORDINANCE NO. 21-14 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 (A)(1), "RETIREMENT COMMITTEE ESTABLISHED", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Conirnission desires to require the Chief Financial Officer or Treasurer to serve on the General Employees Retirement Committee to provide for some flexibility in case the Chief Financial Officer is unable to serve. 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 (A)(1), "Retirement Committee Established", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 35.105.ADMINISTRATION BY RETIREMENT COMMITTEE. (A) lRetirremerat Committee Established.] (1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of five (5) members. One member shall be the Fiiiaeee Pkeeto Chief Financial Officer of the City. If the Chief Financial Officer cannot serve for any reason, the Treasurer of the City will take his or her place. The City Commission shall appoint four (4) additional members, three (3) of whom may, but need not, be employees of the City and one that may, but need not be an employee of the City or the Mayor or City Commissioner. Each appointed member shall serve until a successor is appointed in like manner. (2) An individual member of the Committee may resign by delivering his written resignation to the City Commission and to the other members of the Committee. The City Commission map remove an individual member of the �:oinmittee by so notifying the member and other Committee members, if any, in writing. Vacancies on the Committee shall be filled by City Commission appointment. 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 3. 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 n pis the day of 2014. AYOR ATTEST- city Clerk First Reading J'��/ _ ! Second Reading OL U d 5 2 ORD.NO.21-14 Coversheet Page 1 of 1 • MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: July 21, 2014 SUBJECT: AGENDA ITEM 10.D.-REGULAR COMMISSION MEETING OF AUGUST 5,2014 ORDINANCE NO.21-14(SECOND READING) BACKGROUND On July 15, 2014, the City Commission approved Ordinance No. 21-14 on first reading. LEGAL DEPARTMENT REVIEW Ordinance No. 21-14 was published in the Palm Beach Post newspaper on Friday, July 25, 2014, in compliance with advertisement requirements. DISCUSSION This ordinance is before Commission for second reading to consider amending Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", Subsection (A)(1), "Retirement Committee Established", to require the Chief Financial Officer or Treasurer to be a member of the general employee's retirement committee. RECOMMENDATION Staff recommends approval of Ordinance No. 21-14 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8216&MeetingID=520 8/11/2014 Coversheet Page 1 of 1 • MEMORANDUM TO: Mayor and City Commissioners FROM: Janice D. Rustin,Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: July 11, 2014 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF JULY 15,2014 ORDINANCE NO.21-14 BACKGROUND The attached Ordinance No. 21-14 amends the membership requirements of the General Employees Retirement Committee to require either the Chief Financial Officer or the Treasurer to serve on the committee. This change is made to provide for some flexibility in case the Chief Financial Officer is unable to serve. This change also acknowledges that the title of"Finance Director"has been changed to "Chief Financial Officer." LEGAL DEPARTMENT REVIEW This item complies with all applicable rules and laws. DISCUSSION The item before the Commission is a request for approval of Ordinance No. 21-14 amending the membership requirements of the General Employees Retirement Committee to allow for either the Chief Financial Officer or the Treasurer to serve on the committee. RECOMMENDATION The City Attorney's office recommends City Commission approval. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8185&MeetingID=510 7/21/2014 ORDINANCE NO. 21-14 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 (A)(1), "RETIREMENT COMMITTEE ESTABLISHED", TO REQUIRE THE CHIEF FINANCIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to require the Chief Financial Officer or Treasurer to serve on the General Employees Retirement Committee to provide for some flexibility in case the Chief Financial Officer is unable to serve. 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 (A)(1), "Retirement Committee Established", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 35.105.ADMINISTRATION BY RETIREMENT COMMITTEE. (A) [Retirement Committee Established.] (1) The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of five (5) members. One member shall be the F:ftftftee Pireefe) Chief Financial Officer of the City. If the Chief Financial Officer cannot serve for any reason. the Treasurer of the C4: will take his or her place. The City Commission shall appoint four (4) additional members, three (3) of whom may, but need not, be employees of the City and one that may, but need not be an employee of the City or the Mayor or City Commissioner. Each appointed member shall serve until a successor is appointed in like manner. (2) An individual member of the Committee may resign by delivering his written resignation to the City Commission and to the other members of the Committee. The City Commission may remove an individual member of the Committee by so notifying the member and other Committee members, if any, in writing. Vacancies on the Committee shall be filled by City Commission appointment. 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 final reading on this the day of , 2014. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD.NO. 21-14 2F SOUTH FLORIDA SUNSENTINEL SUNSENTiNEL.COM Friday, July 25, 2014 CITY OF DELRAY BEACH,FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING wil)be held on the fol- lowing proposed ordinances at 7:40 p.m. on TUESDAY,AUGUST 5,2014 or at any continuation of such meeting which Is set by the Commission),in the City Com- mission Chambers,100 N.W.1st Avenue, Delray Beach,Florida,at which time the City Commission will consider their adop- tion, The proposed ordinances may be inspected at the Office of the City Clerk at Clty Hall,100 N.W.1St Avenue,Delray Beach,Florida,between the hours of 8.00 a.m.and 5:00 p.m.,Monday through Friday,except holldays.All interested parties are invited to attend and be heard With respect to the proposed ordinances. ORDINANCF NO.19-14 AN ORDINANCE OF THE CITY COMMIS- SION OF THE CITY OF DELRAY BEACH, FLORIDA,AMENDING THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DEL- RAY BEACH,FLORIDA,BY AMENDING AR- TICLE 4.6,"SUPPLEMENTAL DISTRICT REG- ULATIONS",SECTION 4,6.9,"OFF-STREET - PARKING REGULATIONS",SUBSECTION (E),"LOCATION5 OF PARKING SPACES", SUa-SUBSFCTIONS(3),"IN-LIEU FEE",AND (4),"PUBLIC PARKING FEE",TO REFLECT FEE CHANGES FOR SAME;PROVIDING A SAVING CLAUSE,A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. ORDINANCE NO,21-14 AN ORDINANCE OF THE CITY COMMIS- SION.OF THE CITY OF DELRAY BEACH, FLORIDA,AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION,"35.105,ADMINISTRATION BY RETIREMENT COMMITTEE",SUBSECTION (A1(1),"RETIREMENT COMMITTEE ESTAB- LISHED",TO REQUIRE THE CHIEF FINAN- CIAL OFFICER OR TREASURER TO BE A MEMBER OF THE GENERAL EMPLOYEE'S RETIREMENT COMMITTEE;PROVIDING A SAVING CLAUSE,A GENERAL REPEALER CLAUSF,AND AN EFFECTIVE DATE- - Please be advised that if a person de- Cides to appeal any decision made by the City Commission Wlth respect to any matter Considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based.The City does not provide nor prepare such record, Pursuant to FS. 286.0105, CITY OF DELRAY BEACH Chevelle D.Nubin,MI City Clerk July 25,2014