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HomeMy WebLinkAboutOrdinance_538_12/10/1998ORDINANCE NO. 538 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, RETIREMENT, OF THE CODE OF ORDINANCES OF THE VILLAGE AT SECTION 2-30 EMPLOYEES PENSION FUND, BY AMENDING EXHIBIT A, "EMPLOYEES PENSION TRUST FUND PROVISIONS", IN THE MANNER AND FORM ATTACHED HERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 2, Article III, Retirement, Division 1, is hereby amended at Section 2-30, by amending the instruments which represent the terms of the Plan and Trust titled "Village of Tequesta Employees Pension Trust Fund Provisions" Exhibit A in the manner and form attached. Said revisions are incorporated in the trust fund provisions as if fully set forth herein. All remaining provisions set forth in the "Village of Tequesta Employees' Pension Trust Fund Provisions" not • amended hereby shall remain in tact. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Tlackail ,who moved its adoption. The Ordinance was seconded by Councilmember Cameron and upon being put to a vote, the vote was as follows: • FOR ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this 10th day of December 1998. MAYOR OF TEQUESTA El' a eth A. Schau • ATTEST: ` ~~~ Vi lage Clerk • 2 Exhibit "A" i VILLAGE OF TEQUESTA EMPLOYEES PENSION TRUST FUND PROVISIONS Amend Section 4, Finances and Fund Management, paragraphs 6 B and C to read as follows: B. All moneys paid into or to be held in the Pension Fund shall be invested and reinvested by the Board and the investment of all or any part of such funds shall be limited to: (1) Time, savings and money market deposit accounts of a national bank, a state bank or a savings and loan institution, insured by the Federal Deposit Insurance Corporation, provided the amount deposited does not exceed the insured amount. (2) Obligations issued by the United States Government or obligations guaranteed as to principal and interest by the United States Government or by an agency of the United States Government. (3) Stocks, bonds or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States or or its territories. `'-~ '~'=~`--=~` ~r b~ or foreign securities, provided that: a. Stocks, whether domestic or • foreign based, are limited to those traded on a recognized national exchange or NASDAQ. b. The security meets the following rating criteria: i) Fixed Income: Standard & Poor's AAA, AA, A or Moody's Aaa, Aa, A. (25% of the bonds at time of purchase may be rated Baa investment grade). ii) Cash Reserves: Short term investments due less than 1 year where overall quality and minimal risk guidelines apply. Investments which may be used are: money market funds of custodians, Certificates of Deposit, U.S. Government Obligations and Commercial Paper rated A-1 (Standard & Poor's) or P-1 (Moody's). iii) If any of the parameters described above are violated as a result of market movements, credit downgrades or other events not within the control of investment manager, investment manager shall have a reasonable period of time, not to exceed six months, to bring the portfolio into compliance with the foregoing investment guidelines. c. i) At the time of purchase, not more than five percent (5%) of the Fund's assets shall be invested in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed five percent (5%) of the outstanding capital stock of the company. ii) It is not mandatory to adjust to above percentages should issue exceed levels at any time during holding period. d. No more than ten percent (10%1 of Fund assets may be invested in foreign securities. C. Further Limitations (1) Investments in corporate common stock, foreign securities, convertible preferred stock and convertible bonds shall not exceed sixty percent (60%) of the Fund assets at time of purchase. ~3} 2~ The manager is prohibited from investing in real estate, private placements or from speculating in fixed income or interest rate futures. (4~- 3~ Investment in options or future contracts is also prohibited. N: VCR\ 13153-46\INV3-JBM.RED September 4, 1998 • z