HomeMy WebLinkAboutO-01-06ORDINANCE NO. O-01-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REPEALING ORDINANCE NO. 0-99-38 (POLICE PENSION
MODIFICATIONS); PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR CONFLICTS.
WHEREAS, in 1989 the City of Sebastian instituted a Chapter 185 police
pension plan; and
WHEREAS, the legislative history of said pension plan, including each
subsequent amendment thereto, has specifically stated the intention that said plan be a
statutory chapter plan; and
WHEREAS, City Code Section 58-54(f') provides that any provisions of the City
Code inconsistent with a Chapter 185 plan shall not be given effect; and
WHEREAS, Chapter 99-1, Laws of Florida, virtually rewrote the police pension
law in the state of Florida and requires local government compliance with extensive
minimum pension standards; and
WHEREAS, under the provisions of said Chapter 99-1, local governments were
required to adopt these minimum provisions by December 31, 1999, or lose a significant
funding mechanism for its police pension plan; and
WHEREAS, in response to said Chapter 99-1, the City adopted Ordinance No.
0-99-38, but the same did not include the most recent modifications to Chapter 185; and
WHEREAS, unbeknownst to the City Council or staff, the Division of Retirement
had opined that no ordinance changes were required by the City of Sebastian to remain in
compliance with Chapter 185 requirements;
NOW, TIIEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF
TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Ordinance No. 0-99-38 of the City of Sebastian, Florida is
hereby repealed and declared void ab initio.
Section 2.
of December, 1999.
The ordinance shall be given effect nunc pro tunc to the '! 5th day
Section 3. CONFLICT.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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The foregoing Ordinance was moved for ad'°~t'i0?,/-/TJ~ by C~:ilmember ~/~8/3fp-/~upon being put to~ '
The motion was seconded by Councilmember
vote, the vote was as follows: !
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of
March, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. _~dio, CMC
City Cl~rk
By:~~ ~~
Walter Barnes, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only: