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HomeMy WebLinkAboutO-99-389~DINANCE NO. O-99-3~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEI4; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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, local governments must adopt these minimum provisions by December 31, 1999, or lose a significant funding mechanism for its police pension plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 58-46 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Actuarial equivalence means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under this article but having the same value when computed using UP 1984 Mortality Table and eight percent interest. Agreement means the written instrument setting forth the provisions of the retirement system. Average monthly earnings means 1/12 of the arithmetic average of annual earnings for the five best years of credited service during the ten years preceding termination of employment or retirement. Beneficiary means the person entitled to receive benefits under this article at the death of a member and who is filed with the board. If no such designation is in effect at the time of death of the member, or, if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board means the board of trustees, which shall administer and manage the system provided for in this article and serve as trustees of the fund. Credited service means the total number of years and completed months of actual service with the city as a full-time sworn police officer. Credit shall also be given for time spent in the military of the United States or United States Merchant Marine by an officer on leave of absence for such reason , provided that the officer reenters the City's police service within 1 year of the date of release from the service. Members shall not receive credit for service for which member contributions have been refunded. No credit will be given toward credited service for service during which an employee was eligible for participation in the system but elected not to become a member. Further, no credit will be given for service after the normal retirement date. Earnings means total cash remuneration paid to the officer for services rendered, and includes base pay, bonuses, assignment or shift differential pay, educational incentive pay, holiday pay and overtime pay, but excluding accrued sick leave and vacation pay. Effective date means October 1, 1989. Employee or police officer means all actively employed employees of the city, including those in their initial probationary employment period, classified as full-time sworn police officers and required to be certified as a law enforcement officer in accordance with Fla. Stat. 943.1395, but excluding any part-time police officers, auxiliary police officers or civilian members of the police and any temporary or contract employees. For purposes of this definition, full time means an average of 40 or more hours per week, or at least 2,080 hours during any consecutive 12-month period. Fund means the trust fund established in this article as part of the system. IRS Code means title 26 of the United States code, as amended from time to time. Member means an actively employed employee who fulfills the prescribed participation requirements and all terminated employees who are receiving or are entitled to receive benefits under this article. Membe£$' contributions means amounts deducted from a member's compensation on and after October 1, 1989, pursuant to section 58-50(a) of this article, plus interest at the rate of 5 1/2 percent per year, compounded annually. Spouse means the lawful wife or husband of a member at the time of preretirement death or retirement. System or retirement system means the city police officers' retirement system as contained in this article and all amendments thereto. Se~ That section 58-48 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-48. Benefit amounts and eligibility. (a) Retirement dates. (1) Normal retirement. The normal retirement date of a member shall be the latter of the first day of the month: a. In which the member attains the age of 55 years, and b. Has completed ten years of credited service; or In which the member has attained the age of 52 years, and d. Has completed 25 years of credited service. A member may retire on his normal retirement date or on the first day of any month thereafter. (2) Early retirement. A member may retire on his early retirement date with the consent of the city, which shall be the first day of the month in which the member attains the age of 50 years and has completed ten years of credited service. (3) Rights of city. Nothing contained in this article shall be construed to give any employee the right to be retained in the employ of the city or to interfere with the right of the city to terminate the employment of any employee at any time, nor upon dismissal or upon his voluntary termination of employment, to have any right or interest in the fund other than as is provided in this article. (4) Full vesting at retirement. A member shall become 100 percent vested in his accrued benefit on any stated retirement date. (b) Retirement benefit. (1) Normal. A member retiring under the terms of this article on or after his normal retirement date shall receive a monthly benefit which shall commence on his retirement date and be continued thereafter during his lifetime, with the first 120 payments guaranteed payable either to the member or, upon his death, to his beneficiary. The monthly retirement benefit shall equal two percent of the average monthly earnings for each year of credited service. 2) Early. The monthly amount of retirement income payable to a police officer who retires early under the provisions of this section shall be an amount computed as if the officer had taken normal retirement as set forth in this section, taking into account his credited service to his date of actual retirement and his average monthly earnings as of such date, which amount of retirement income shall be actuarially reduced to take into account the police officer's younger age and the earlier commencement of retirement income payments. In no event shall the early retirement reduction exceed three percent for each year by which the member's age at retirement preceded the member's normal retirement age. The retirement income payable in the event of early retirement will be payable on the first day of each month. The first payment will be made on the police officer's early retirement date and the last payment will be the payment due next preceding the retired officer's death; except that, if the police officer dies before he has received retirement benefits for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the police officer with the balance of such ten-year period, or, if no designated beneficiary is surviving, the same monthly benefit for the balance of such ten-year period shall be payable as provided in F.S. ~ 185.162 (1987). (3) Retirement reduced for disability benefits. The retirement income will be reduced on an actuarial basis for moneys received under the disability provisions of this article, subject to the maximum reduction as set forth for regular early retirement (c) Disability. (1) Eligibility. Any member who is found by the board upon examination to be mentally or physically incapacitated so as to be wholly unable to properly perform his duties as a police officer of the 4 city may be retired for disability if the member meets the following service requirement: a. Service-incurred disability (as determined by the board)--No service requirement. Members are covered from date of employment. The presumptions of Fla. Stat. 185.34 shall apply. b. Nonservice-incurred disability (as determined by the board)--Member is eligible following completion of ten years of credited service. (2) Exclusions. A member will be considered totally disabled if, in the opinion of the board, he is wholly prevented from rendering useful and efficient service as a police officer; and a member will be considered permanently disabled if, in the opinion of the board, such member is likely to remain so disabled continuously and permanently from a cause other than as specified in this subsection: a. Excessive and habitual use by the member of drugs, intoxicants or narcotics. b. Injury or disease sustained by a member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime. c. Injury or disease sustained by the member while serving in any armed forces of any nation. d. Injury or disease sustained by the member after his employment has terminated. e. injury or disease sustained by the police officer while working for anyone other than the city and arising out of such employment. (3) Determination of disability. No member shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon to be selected by the board for that purpose, and is found by the board, upon evidence presented, to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board for that purpose, to determine if such disability has ceased to exist. (4) Benefit amount. The benefit payable to a member who retires with a total and permanent disability which is determined to be nonservice incurred shall be an amount equal to two percent of his average monthly earnings multiplied by his years of credited service. In no event, however, shall the nonservice-incurred disability benefit be less than 25 percent of the member's average monthly earnings if the member has completed ten years of credited service. The monthly benefit payable to a member who retires with a service-incurred disability shall be an amount determined as for nonservice-incurred disability but not less than 42 percent of average monthly earnings. (5) Benefit offsets. There shall be no reduction of the disability benefits described in this section based upon other monthly amounts to which the disabled member is entitled under worker's compensation or any other city financed disability or salary continuation program. (6) Payment of benefits. The monthly retirement income to which a member is entitled in the event of his disability retirement will be payable on the first day of the first month after the board determines such entitlement. However, the monthly retirement income shall be payable as of the date of board approval and any portion due for a partial month shall be paid together with the first payment. The last payment will be on the earlier of the following: a. The first day of the month preceding the member's date of death, or the 120th monthly payment, whichever is later; or b. The first day of the month preceding the member's recovery as determined by the board. (7) Recovery. If the board finds that a member who is receiving a disability retirement income is no longer disabled, as provided in this section, the board shall direct that the disability retirement income be discontinued. Recovery from disability as used in this section shall mean the ability of the member to render useful and efficient service as a police officer. If the member recovers from disability, his service beginning with the first month for which he received a disability retirement income payment and ending with the date of recovery shall not be considered in determining the retirement benefit commencing on or after his normal retirement date. (d) Preretirement death. 6 (1) Prior to eligibility for retirement. The designated beneficiary of any member who dies prior to becoming eligible for early, normal or delayed retirement under the terms of this article shall receive a refund of the member's contributions. (2) After becoming eligible for retirement. The designated beneficiary of any member who dies after becoming eligible for retirement shall be entitled to the benefits otherwise payable to the deceased member at early or normal retirement age. Such amount shall be payable to such beneficiary on a monthly basis for ten years, or on such other actuarial equivalent basis as provided by the board. (3) Limitations. In the event the board purchases life insurance contracts to provide all or part of the death benefit provided herein, the death benefit payable under any such contract shall not exceed: a. One hundred times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date~ or b. Twice the annual rate of compensation as of the deceased member's date of death, or the single-sum value of the accrued deferred retirement income(beginning at normal retirement date) at the deceased memberVs date of death, whichever is greatest. In the event the death benefit paid by a life insurance company exceeds the limits set forth the above, the excess of the death benefit over the limits shall be paid to the fund. (e) Vesting. If a member terminates his employment, either voluntarily or by discharge, and is not eligible for any retirement benefits under the system, he shall be entitled to a refund of his contributions, without interest, less any benefits paid to him. However, a police officer may voluntarily leave his or her contributions in the fund for a period of 5 years after leaving the employ of the department, pending the possibility of being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. Should the person not be so reemployed within 5 years, the contributions shall then be returned without interest. Should any police officer who has been in service with the municipality for at least ten years and has contributed to the municipal police officer retirement trust fund for at least ten years elect to 7 leave his accrued contributions in the municipal police officers retirement trust fund, such police officer upon attaining age 50 years or more may retire at the actual equivalent of the amount of such retirement income otherwise payable to him. (f) Required distributions. (1) Notwithstanding any provision in this article to the contrary, a member's benefits shall be distributed to him not later than the member's required beginning date. A member's required beginning date is the April 1 following the close of the calendar year in which the member attains age 70 1/2. Alternatively, distributions to a member must begin no later than the April 1 as determined under the preceding sentence and must be made over the life of the member (or the lives of the member and the member's designated beneficiary) or, if benefits are paid in the form of a joint and survivor annuity, the life expectancy of the member (or the life expectancies of the member and his designated beneficiary) in accordance with federal income tax regulations. (2) Notwithstanding any provision in this article to the contrary, distributions upon the death of a member shall be made in accordance with the following requirements and shall otherwise comply with section 401(a) (9) of the Internal Revenue Code and the regulations thereunder. a. If it is determined, pursuant to regulations, that the distribution of a member's interest has begun, and the member dies before his entire interest has been distributed to him, the remaining portion of such interest shall be distributed at least as rapidly as under the method of distribution selected by the member as of his date of death. b. If a member dies before he has begun to receive any distributions of his interest in the retirement system or before distributions are deemed to have begun pursuant regulations, then his death benefit shall be distributed to his beneficiaries in accordance with the following rules: 1. The entire death benefit shall be distributed to the member's beneficiaries by December 31 of the calendar year in which the fifth anniversary of the member's death occurs; 2. The five-year distribution requirement of subsection (f) (2)b.1. of this section shall not apply to any portion of the deceased member's interest which is payable to or for the benefit of a designated beneficiary. In such event, such portion shall be distributed over the life of such designated beneficiary (or over a period not extending beyond the life expectancy of such designated beneficiaries), provided such distribution begins not later than December 31 of the calendar year immediately following the calendar year in which the member died; 3. Notwithstanding the above, in the event the member's spouse (determined as of the date of the member's death) is his designated beneficiary, the provisions of subsection (f) (2)b.2. of this section shall apply except that the requirement that distributions commence within one year of the member's death shall not apply. In lieu thereof, distributions must commence on or before the later of: i. December 31 of the calendar year immediately following the calendar year in which the member died; or ii. December 31 of the calendar year in which the member would have attained age 70 1/2. If the surviving spouse dies before distributions to such spouse begin, then the five-year distribution requirement of this section shall apply as if the spouse was the member. (3) Distributions to a member and his beneficiaries shall only be made in accordance with the incidental death benefit requirements of section 401(a) (9) (G) of the Internal Revenue Code and the regulations thereunder. (g) Limitation of benefits. (1) The annual benefit otherwise payable to a member at any time will not exceed the maximum permissible amount. If the benefit the member would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum permissible amount, the rate of accrual will be reduced so that the annual benefit will equal the maximum permissible amount. (2) The limitation in subsection (g) (1) of this section is deemed satisfied if the annual benefit payable to a member is not more than $1,000.00 multiplied by the member's number of years of service or parts thereof (not to exceed ten) with the city. 9 (3) If the city maintains or at any time has maintained, one or more qualified defined contribution plans covering any member in this system, a welfare benefit fund, as defined in section 419(e) of the Internal Revenue Code, or an individual medical account as defined in section 415(1)(2) of the Internal Revenue Code, the sum of the member's defined contribution fraction (as defined in section 415(e) (3) of the Internal Revenue Code) and defined benefit fraction (as defined in section 415(e) (2) of the Internal Revenue Code) will not exceed 1.0 in any limitation year. To the extent necessary to satisfy this limitation, the city will reduce the member's projected annual benefit under the system. (4) For purposes of this section, the following terms shall have the following meaning: a. Annual benefit. A retirement benefit under the system which is payable annually in the form of a straight life annuity. Except as provided below, a benefit payable in a form other than a straight life annuity must be adjusted to an actuarial equivalent straight life annuity before applying the limitations of this subsection. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58-46 of this article or five percent. No actuarial adjustment to the benefit is required for: 1. The value of a qualified joint and survivor annuity, 2. The value of benefits that are not directly related to retirement benefits (such as the qualified disability benefit, preretirement death benefits, and post-retirement medical benefits), and 3. The value of post-retirement cost of living increases made in accordance with section 415(d) of the Internal Revenue Code and section 1.415-3(c) (2) (iii) of the Federal Income Tax Regulations. b. Compensation. Wages, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the city to the extent that the amounts are includable in gross income and excluding the following: l0 1. City contributions to a plan of deferred compensation which are not includable in the member's gross income for the taxable year in which contributed, or city contributions under a simplified employee pension plan to the extent such contributions are deductible by the member, or any distributions from a plan of deferred compensation; 2. Other amounts which received special tax benefits, or contributions made by the city (whether or not under a salary reduction agreement) towards the purchase of an annuity described in section 403(b) of the Internal Revenue Code (whether or not the amounts are actually excludable from the gross income of the member). c. Defined benefit dollar limitation. Effective on January 1, 1989, and each January thereafter, the $90,000.00 limitation above will be automatically adjusted by multiplying such limit by the cost of living adjustment factor prescribed by the secretary of the treasury under section 415(d) of the Internal Revenue Code in such manner as the secretary shall prescribe. The new limitation will apply to limitation years ending within the calendar year of the date of the adjustment. d. Highest average compensation. The average compensation for the three consecutive years of service with the city that produces the highest average. e. Limitation year. The fiscal year. f. Maximum permissible amount. 1. The lesser of the defined benefit dollar limitation or 100 percent of the member's highest average compensation. 2. If the member has less than ten years of employment with the city, the defined benefit dollar limitation is reduced by one-tenth for each year of employment (or part thereof) less than ten. To the extent provided in regulations or in other guidance issued by the Internal Revenue Service, the preceding sentence shall be applied separately with respect to each change in the benefit structure of the system. If a member has less than ten years of service with the city, the compensation limitation is reduced by one-tenth for each year of service (or part thereof) less than ten. 3. If the annual benefit of the member commences before age 62, the defined benefit dollar limitation shall be determined in accordance with regulations prescribed by the secretary of the treasury, by reducing the limitation so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement benefit begins) which is equivalent to the defined benefit dollar limitation beginning at age 62. The interest rate assumption used to determine actuarial equivalents shall be the greater of the interest rate specified in section 58-46 of this article or five percent. The reduction under this subsection shall not reduce the defined benefit dollar limitation below the following: i. Seventy-five thousand dollars if the benefit begins at or after age 55; or ii. If the benefit begins before age 55, the equivalent of the $75,000.00 limitation for age 55. 4. If the annual benefit of a member commences after age 65, the defined benefit dollar limitation shall be adjusted so that it is the actuarial equivalent of an annual benefit of such dollar limitation beginning at age 65. Se~t~ That section 58-49 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-49. Optional forms of benefits. Each member entitled to early or normal retirement benefit (including permanent disability retirement) shall have the right at any time prior to the date on which benefit payments begin to elect to have his benefit payable under any of the options set forth in this article in lieu of the benefits provided in this article. Each member shall further have the right to revoke any such elections and make a new election at any time prior to the date of cashing or depositing his first retirement check. The value of payable optional benefits shall be the actuarial equivalent to the value of benefits otherwise payable, and the present value of payments to the retiring member must be at least equal to 50 percent of the total present value of payments to the retiring member and his beneficiary. The member shall make such an election by written request to the board, with such request being retained in the board's files. (1) Option 1: Joint and last survivor option. The member may elect to receive a benefit during his lifetime and have 100 percent, 75 percent, 66.67 percent, or 50 percent of such benefit continued after his death to and during the lifetime of his spouse or a relative other than his spouse. The election of option 1 shall be null and void if the designated beneficiary dies before the member's benefit payments commence. (2) Option 2: Life annuity. The member may elect to receive an increased benefit payable for life only, ceasing upon death. (3) Option 3: Other. In lieu of the other optional forms enumerated in this section, benefits may be paid in any form approved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained. If a police officer elects an option with a joint pensioner, he may change said joint pensioner prior to retirement upon the approval of the board of the change as a new election. After retirement benefits have commenced, he may change the designated joint pensioner only if the board consents and only if the previously designated joint pensioner is alive when the request for a change is filed. The consent of the previous designee is not required. The board may request such evidence of the good health of the joint pensioner being removed as it deems necessary, and the amount of the retirement income payable to the officer upon the designation of a new joint pensioner shall be actuarially redetermined taking into account the ages and sex of the former and new joint pensioners, and the police officer. If, following election of a joint pension but before retirement of the officer, the designated joint pensioner dies, the option elected will be automatically canceled and a basic retirement payment will take effect unless a new election is made in accordance with this section prior to retirement. Section 4. That section 58-52 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 58-52. Finances and fund management. (a) All of the contributions and assets whatsoever attributable to the system shall be deposited to the fund. (b) The actual custody and supervision of the fund and assets thereof shall be vested in the board. Payments of benefits and disbursements from the fund may be made by the disbursing agent but only 4,¸ upon written authorization from the board. (c) The board shall be required to appoint a national or state bank with trust powers for the purpose of serving as custodian of the fund, and all assets of the fund shall be promptly and continually deposited therewith. In order to fulfill its investment responsibilities as set forth in this article, the board shall be required to retain the services of the custodian bank, an investment advisor registered under Investment Advisory Act of 1940, an insurance company, or a combination of these, for purposes of investment decisions and management. Such investment manager shall have full discretion in the investment of assets subject to limitation of this agreement and any guidelines as prescribed by the board. (d) All funds and securities of the system may be commingled in the fund, provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate current accounts and entries regarding the following: (1) Receipts and disbursements of the fund. (2) Benefit payments. (3) All cash investments realized and unrealized gains or losses whatsoever. (4) All interest, dividends and capital gains (or losses) whatsoever attributable to contributions and deposits to the fund. (5) Such other entries as may be properly required so as to reflect a clear and complete financial report of the fund. (e) The board shall have the following investment powers and authority: (1) The board shall be vested with full legal title to the fund, subject, however, and in any event to the authority and power of the city council to amend or terminate this fund; provided that no amendment or termination shall ever result in the use of any assets of this fund except for the payment of regular expenses and benefits under this system. All contributions from time to time paid into the fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the fund, and the board shall not be required to segregate or invest separately any portion of the fund. (2) The fund may be invested and reinvested in such securities and other properties as allowed by Florida Statutes. (3)The board may retain in cash and keep unproductive of income such amount of the fund as it may deem advisable, having regard for the cash requirements of the system. (4) No person shall be liable for the making, retention or sale of any investment or reinvestment made as provided in this article nor for any loss or diminishment of the fund, except that due to his own gross negligence, willful misconduct or lack of good faith. (5) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the fund. (6) The board is empowered, but is not required, to: a. Vote upon any stocks, bonds or securities of any corporation, association or trust and to give general or specific proxies of power of attorney with or without power of substitutions; b. Participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; c. Deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; d. Amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and e. Generally to exercise any of the power of an owner with respect to stocks, bonds, or other investments comprising the fund which it may deem to be in the best interest of the fund to exercise. (7) The board shall not be required to make any inventory or appraisal or report of any court, nor to secure any order of court for the exercise of any power contained in this article. (8) Where any action which the board is required to take or any duty or functions which it is required to perform, either under the 15 terms of this article or under the general law applicable to it as trustee under this article, can reasonably be taken or performed only after receipt by it from a member, the city or any other entity, of specific information, certification, direction or instructions, the board shall be free of liability in failing to take such action or perform such duty or function until such information, certification, direction or instruction has been received by it. (9) Any overpayment or underpayment from the fund to a member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board. Overpayment shall be charged against payments next succeeding the correction. Underpayment shall be made up from the fund. (10) The board shall sustain no liability whatsoever for the sufficiency of the fund to meet the payments and benefits provided for in this article. (11) In any application to or proceeding or action in the courts, only the city and the board shall be necessary parties, and no member or other person having an interest in the fund shall be entitled to any notice of service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. (f) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any such agent; provided further, that legal title to the fund shall always remain in the board. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember ~~ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 15th day of December, 1999. -ATTEST: Kathryn~M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA Approved as to form and legality for reliance by the City of Sebastian only: ~in~tAttor'ney~