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HomeMy WebLinkAboutOrdinance_09-08_04/10/2008ORDINANCE NO. 9-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING EXHIBIT "A" TO ORDINANCE NO. 585, AS AMENDED BY ORDINANCE NO. 598, WHICH IS INCORPORATED BY REFERENCE IN SECTION 2-61 OF DIVISION 1 OF ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, RELATING TO THE EMPLOYEES' PENSION TRUST FUNDS; AMENDING EXHIBIT "A" TO PROVIDE FOR THE APPOINTMENT OF TRUSTEES TO THE BOARD OF TRUSTEES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Those portions of Exhibit "A" to Ordinance No. 585, as amended by Ordinance No. 598, which is incorporated by reference in Section 2-61 of Division 1 of Article III of Chapter 2 of the Code of Ordinances, Village of Tequesta, Palm Beach County, Florida, as deleted and shown by strike-outs, and additions shown by bold underlining on Exhibit "A" attached hereto and made a part hereof, are passed and adopted as amendments to such Exhibits and section as follows: Section 4. Board of Trustees. 1. The sole and exclusive administration of and responsibility for the proper operation of the retirement system and for making effective the provisions of this ordinance is hereby vested in a Board of Trustees. The Board shall consist of five (5) Trustees, two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the Tequesta Village Council, and two (2) of whom shall be full-time General Employee members of the System, however, in the event that either full time General Employee position remains vacant for three months or more, then the position can be filled by a legal resident of the Village of Tequesta elected by the General Employee Members of the System in accordance with the election rules established by the Board for one term. At the end of the term the position will be posted to again be filled by a full time General Employee. The fifth (5th) Trustee shall be selected by a majority vote of the other four (4) Trustees. Each person seeking to fill a designated employee representative Board member seat shall be elected by the full-time General Employee Members of the System. Upon receipt of the fifth (5th) person's name the Tequesta Village Council shall, as a ministerial duty, appoint such person to the General Employee Board as its fifth (5th) Trustee. The fifth (5th) Trustee shall have the same rights as each of the other Trustees appointed or elected as herein provided and shall serve a two (2) year term unless the office is sooner vacated and may succeed himself or herself in office. Each resident Trustee shall serve as Trustee for a period of two (2) years unless sooner replaced by the Tequesta Village Council at whose pleasure the Trustee shall serve, and may succeed himself or herself as a Trustee. Each General Employee Trustee shall serve as Trustee for a period of two (2) years, unless he/she sooner leaves the employment of the Village or otherwise vacates his/her office as Trustee, whereupon a successor shall be chosen in the manner as the departing Trustee. Each employee representative Trustee may succeed himself or herself in office. The General Employee Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. 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 the 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 upon passage. Upon First Reading this 18th day of March, 2008, the foregoing Ordinance was offered by Council Member Paterno, who moved its adoption. The motion was seconded by Vice-Mayor Turnquest, and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice-Mayor Calvin Turnquest X Council Member Vince Arena X Council Member Tom Paterno X Council Member Jim Humpage X Upon Second Reading this 10T" day of April, 2008, the foregoing Ordinance was offered by Council Member Humpage, who moved its adoption. The motion was seconded by Council Member Arena, and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice-Mayor Calvin Turnquest X Council Member Vince Arena X Council Member Tom Paterno X Council Member Jim Humpage X The Mayor thereupon declared the Ordinance duly passed and adopted this 10T" day of April, 2008. MAYOR OF TEQUESTA r ~~ ~ Pat Watkins ATTEST: Lori McWilliams, cnnc SEAL .,D Village Cterk ~.• I~N'~C,O_RPORATED .