HomeMy WebLinkAboutOrdinance 2009-01 City Pension PlanORDINANCE N0.2009-O1
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 14-51, OF THE CITY CODE, RELATED TO THE
CITY PENSION PLAN; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Board of Trustees has recommended to the City Commission that
the costs associated with the pension plan be paid from the pension fund; and
WHEREAS, this Ordinance also repeals outdated language contained in section 14-
51(a), of the City Code; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code, section 14-51 is
hereby amended as follows (underlined type indicates additions and stt~ikeotit type indicates
deletions):
Sec.14-51. Adopted.
(a) The city does hereby elect to provide for its employees a pension plan and
trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of
Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a
board of trustees as appointed in section 14-52.
City of Winter Springs
Ordinance No. 2009-01
Page 1 of 3
(b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's
office and authorizes the mayor and city manager to execute the plan on behalf of the city. The
plan maybe amended from time to time by resolution of the city commission.
(c) The cost of the plan shall be paid entirely by the city from the gerrcral ension fund.
(d) The city shall be bound by the terms and conditions of the plan.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code maybe freely made.
Section 5. Severabitity. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to
the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23`d day of February, 2009.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2009-01
Page 2 of 3
A
A LORENZO-LUACES
City Clerk
/ ~
^~r '
'J
J N F. BUSH, Ma~~ '_~
APPRO ED AS TO LEGAL FORM AND SUFFICIENCY
FO CITY OF WINTER SPRINGS ONLY.
ANTH A. GARGANESE
City Attorney
First Reading: Febru~9, 20092009
Second Reading: Febru~23, 20092009
Effective Date: Febru~23, 20092009
City of Winter Springs
Ordinance No.2009-01
Page 3 of 3