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2003-06-17 RegularCITY OF OKEECHOBEE JUNE 17,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor Pro Tempore: June 17, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson; Pledge of Allegiance led by Mayor Pro Tempore I1111. RECESS MEETING - Mayor Pro Ternpore. IV. RECONVENE MEETING - Mayor. V. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry VI. MINUTES - City Clerk. A. Motion to dL-;pense with the reading and approve the Summary of Council Action for the June 3, 2003 Regular Meeting. PAGE I OF 9 Mayor Pro Tempore Watford called the Junel 7, 2003 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Pastor Jim Hudson of the Church of the Nazarene; Mayor Pro Tern Watford led the Pledge of Aflegiance. Mayor Pro Tern Watford recessed the meeting at 6:03 p.m. Mayor Kirk reconvened the meeting at 6:25 p.m. Deputy Clerk Berry called the roll: Present Present Present Present Present Present Present Absent (Attending Florida Association of City Clerks Conference) Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton for the June 3, 2003 Regular Meeting; seconded by Council Member Williams. 559 40 JUNE 17,2003 - REGULAR MEETING - PAGE 2 OF 9 VI. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 3, 2003 Regular Meeting continued. VII. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2003 Warrant Register. General Fund ................................ $303,707.15 Capital Improvement Projects Fund (Building) ....... $65,018.84 Capital Improvement Projects Fund (Vehicles) ...... $15,000.00 Law Enforcement Special Fund .............. .$1,429.63 Vill. AGENDA - Mayor. U110 KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the May 2003 Warrant Register in the amounts General Fund three hundred three thousand, seven hundred seven dollars and fifteen cents ($303,707.15), Capital Improvements Projects Fund (Building) sixty-five thousand, eighteen dollars and eighty-four cents ($65,018.84), Capital Improvements Projects Funds (Vehicles) fifteen thousand dollars ($15,000.00), Law Enforcement Special Fund one thousand, four hundred twenty-nine dollars and sixty-three cents ($1,429.63); seconded by Council Member Markham. LIJIL: KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. I New Business Item F was withdrawn from the agenda. New Business Item G was added to the agenda. IX. NEW BUSINESS - Mayor. A. 1. a) Motion to read by title only and set July 15, 2003 as a public hearing Council Member Watford moved to read by title only and set July 15, 2003 as a public hearing date for proposed date for proposed Ordinance No. 826 regarding the City Police Ordinance No. 826 regarding the Municipal Police Officers' Pension Trust Fund; seconded by Council Member Department Pension Plan - City Attorney and Pension Attorney Markham. Christiansen (Exhibit 1). 1 JUNE 17,2003 - REGULAR MEETING - PAGE 3 OF 9 561 IX. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set public hearing date c) City Attorney to read proposed Ordinance No. 826. 2. a) Motion to approve the first reading of proposed Ordinance No. 826. b) Discussion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 826 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANTTO ORDINANCE 749; AMENDING SECTION 1, DEFINITIONS, BYAMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS$% AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 27, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 826; seconded by Council Member Williams. Pension Attorney Scott Christiansen was present and addressed the Council by stating amendments recently made to the Internal Revenue Code caused the changes to the Plan in order to be in compliance. The changes made to the Police Pension Fund were the same changes proposed to be made to the Firefighters'Pension Fund. These changes included the amount of time benefits could be received by the joint pensioner, basic limitations, adjustments in limitations, definitions of a member as defined in a contribufion plan, staying in compliance with Chapter 185 of the Florida Statues, those who have served in the military prior to employment with the City, rollover distributions, transfers into the fund, and prior police or fire service. Council Member Watford expressed concerns with the percentage that a contributor would earn in the Plan. Mr. Christiansen explained that the Plan would still receive some interest off of what was put into it by the pensioner. 562 JUNE 17, 2003 - REGULAR MEETING - PAGE 4 OF 9 IX. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only and set July 15, 2003 as a public hearing Council Member Watford moved to read by title only and set July 15, 2003 as a public hearing date for proposed date for proposed Ordinance No. 827 amending the City Ordinance No. 827 amending the Municipal Firefighters'Pension Trust Fund; seconded by Council Member Markham. Firefighters' Pension Trust Fund - City Attorney and Pension Attorney Christiansen (Exhibft 2). 1 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 827. Attorney Cook read proposed Ordinance No. 827 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS'PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 750; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, IMISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MtLITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING IAN EFFECTIVE DATE.99 JUNE 17,2003 - REGULAR MEETING - PAGE 5 OF 9 IX. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of Ordinance No. 827. Council Member Watford moved to approve the first reading of Ordinance No. 827; seconded by Council Member I Markham. b) Discussion. Attorney Christensen previously explained during the discussion for proposed Ordinance No. 826 the changes being made to the Firefighters Pension Plan were the same as the Police Officers' Pension Plan which are the amount of time benefits could be received by the joint pensioner, basic limitations, adjustments in limitations, definitions of a member as defined in a contribution plan, staying in compliance with Chapter 185 of the Florida Statues, those who have served in the military prior to employment with the City, rollover distributions, transfers into the fund, and prior police or fire service. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. C. 1. a) Motion to read by title only and set July 15, 2003 as a public hearing Council Member Watford moved to read by title only and set July 15, 2003 as a public hearing date for proposed date for proposed Ordinance No. 828 amending and restating the Ordinance No. 828 amending and restating the Okeechobee Utility Authority and the City of Okeechobee General Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund; seconded by Council Member Markham. Employees' Pension Trust Fund - City Attorney and Pension Attorney Christiansen (Exhibit 3). 1 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. 50 JUNE 17,2003 - REGULAR MEETING - PAGE 6 OF 9 IX. NEW BUSINESS CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 828 by title only. Attorney Cook read proposed Ordinance No. 828 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FORA MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON -ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY; PROVIDING FOR THE PURCHASE OF CREDIT FOR PRIOR GOVERNMENT SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.1� 2. a) Motion to approve the first reading of Ordinance No. 828. Council Member Markham moved to approve the first reading of Ordinance No. 828; seconded by Council Member I Williams. b) Discussion. Pension Attorney Scott Christiansen was present and addressed the Council by stating amendments recently made to the Internal Revenue Code caused the changes to the Plan in order to be in cornpliance. Mr. Christiansen explained the changes that were made to the Plan consisted of accumulated contributions, the effective date, establishment and operation of fund, boards powers and authority, member contributions, City contributions, physical examination requirements, disability payments, optional forms of benefits, beneficiaries, maximum pension, adjustments in limitations, military service prior to employments, direct transfers of eligible rollover distributions, and prior government service. Council expressed concerns with the percentage of interest that a contributor would earn in the Pension Plan, and that the General Employees were earning a different percentage than the Police and Fire Plans. Council instructed Aftorney Scott Christiansen to discuss with the Board of Trustees the amo unt of interest that the Fire, Police, and General Employees earn in their Pension Plan and present his findings to the Council as soon as possible. 5(05 JUNE 17, 2003 - REGULAR MEETING - PAGE 7 OF 9 IX. NEW BUSINESS CONTINUED. C. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Consider Street and Alley Closing Application No. 69 submitted by Council Member Markham moved to direct the Cily Attorney to draft an ordinance to close the reguested Okeechobee County and a request to waive the application fees - alley/streets on Application No. 69 submitted by Board of Counly Commissioners, Okeechobee Counly, City Clerk (Exhibit 4). Florida, to reserve an easement for a water line on the right-of-way of Northwest 3rd Street for the Okeechobee I Utility Authorfty, and to waive the Street/Alley closing fees: seconded by Chandler. Mr. John O'Conner, President of the Contractors Association was present, and addressed the Council by stating that the intention was to build a very large community recreational facility, and hoped to seek the help of the City for contributions in the future. Council agreed that this was a community effort to build this recreational facility for the youth, and thanked everyone for joining their efforts to make this a reality. E. Consider proposals and award a health insurance contract - City Council MemberWatford moved to award a (one year) Health Insurance Bid to Group Insurance Solutions (Blue Administrator (Exhibit 5). 1 Cross Blue Shield): seconded by Council Member Williams. Administrator Veach stated that the City received four bids, one from Scott Harris of Group Insurance Solutions, who currently is the health insurance provider for the City. The other was Florida League of Cities, who submitted three proposals. He explained the contents of the proposals, including co -payments for visits to your primary physician, emergency room, hospital stays, and prescriptions. He also compared prescription prices, and out of pocket expense. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 5(9(P JUNE 17,2003 - REGULAR MEETING - PAGE 8 OF 9 IX. NEW BUSINESS CONTINUED. F. Consider a contract renewal submitted by LaRue Planning & Management Services, Inc. - City Administrator (Exhibit 6). Added Item G. Motion to adopt proposed Resolution No. 03-6, authorizing the filing of a Petition in Condemnation - City Attorney (Exhibit 7). Item withdrawn from agenda. Attorney Cook read proposed Resolution No. 03-6 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE FILING OF A PETITION IN CONDEMNATION; APPROVING A DECLARATION OF TAKING; APPROVING GOOD FAITH ESTIMATE OF VALUE FOR THE APPROPRIATION; APPROVING LEGAL DESCRIPTION OF PARCEL TO BEAPPROPRIATED; AUTHORIZING EXECUTION THEREOF BY CITY ATTORNEY FOR CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE." At the May 20, 2003 City Council meeting the Council made the following offer to Mr. Mason: The City will purchase the property needed for a right-of-way into the proposed Commerce Center located along the West side of Taylor Creek and Northeast 9" Street, and the property South of the right-of-way in the amount of one thousand, five hundred dollars ($1,500.00). The City will pay Mr. Mason twenty thousand dollars ($20,000.00) to install the necessary fencing and/or buffering as he see's fit along his property line, which is North of the right of way. Mr. Mason refused the offer, and made his final offer to the City in the amount of one hundred eighty-five thousand dollars ($185,000.00) for both the right-of-way parcel and the South parcel. Council moved to proceed with condemnation at this meeting. Attorney Cook stated that the resolution was required for authorizing the condemnation declaration of taking real property. He explained the legal descriptions differences between Craig A. Smith and Trade Winds. The City has a legitimate municipal need for the property, authorizing upon approval for the City to acquire the subject property by gift or condemnation. Council Member Watford moved to adopt proposed Resolution No. 03-6: seconded by Council Member There was a brief discussion between the Council and Staff regarding the legal description that Attorney Cook had provided the Council with. Council Member Watford moved to amend Resolution No. 03-6 to add the 200.3 feet by 70 feet of right-of-way for Northeast 9th Street as described by Craig A. Smith survery: seconded by Council Member Markham. 567 IX. NEW BUSINESS CONTINUED. G. Motion to adopt proposed Resolution No. 03-6, authorizing the filing of a petition in condemnation continued. X. ADJOURN MEETING - Mayor. Rease take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. ... JZ7",-- ZX James E. Kirk, Mayor ATTEST: Lane Gamiot6a(City Clerk..'-, JUNE 17,2003 - REGULAR MEETING - PAGE 9 OF 9 VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED TO AMEND. There being no further items on the agenda, Mayor Kirk adjourned the June 17, 2003 meet at 7:47 p.m. PAGE -1 - CITY OF OKEECHOBEE -June 17,2003 - 1. . CALL TO ORDER - Mayor June 17,2003, CU Council ReLular Meetigg, 6:00 g.m. 11. OPENING CEREMONIES: Invocafion giyen by Pastor Jim Hudson r-led'-w of Akdance led by Mew A1111 � Lt 191;1 k I IM r A 1;IZA 1 R � I 11IJ � 01 4Qr, i JLOL�J �NMW Council Member Noel A. Chandler r% - 1 Ik A-&- I R A -1,k- woune, wwrqU11TU%�.-.J rT council . Member DovAing R. Wafford, Jr. Council Me n VMarns City Atlomey John R. Cook City Administrator Bill L. Veach Deputy Clerk Adriana Berry u u nd d[*6s64wft bf1d wffi SunIffiariyof Council Acton for the June 3,2003 R ular Meetina, seconded by Council Member C L Mi. WARRANT REGISTER - City AdffdnidraW A. Council Member moved to approve the May 2003 Warrant Register in the amounts ft-ne— rund three hundred tm thousand, seven hundfed seveR dellaFs and oerds V.,q I-M v ($303,707.15), Capital Projects (Bldg.) sixty-five thousand, eighteen dollars and eighty-fbur cents Special Fund one thousand, fbur hundred p��n _V-r�ine dollars and sixty-three cents ($1,429.63); seconded by Council Member �—rn PCL�Mw+ ouGWic VIII. AGENDA - Mayor. A. f�equesls for the addition, deferral or wkhdrawal of items on today's agenda. PAGE -2- DC NEW BUSINESS - Mayor. A. 1 - b) Council Member moved to read by tide only and set July 15, 2003 as a pqblic hearing date for proposed Ordinance No. 826 regarding the City Police Deparlment Pension Plan - City Alformy and Pension Aftorney Christiansen - (ExMbit 1); seconded by Council Mwber LIM b) Vote on motion to read by tide only and set public hearing date. VOTE YEA MAY ABSTAIN ASSENT VJRK ,,7- CHANDLek MARMAU WATFORD' NLUAMS cel� DENIED c) City Afforney to read proposed Ordinance No. 826 by tile only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE &FICERSPENSION TRUST FUND, ADOPTEDPURSUANT TO ORDINANCE 749; AMENDING SEC71ON 1, DEFINIMONS� BY AMENDING THE DEFINITION OF - "ACCUMULATED CONTRIBUTIONT'; AMENDING SECTION 8, DISABIUTY; AMENDING SECTION M-OPTIONAL FORMS OF BENEFITS; AMENMG SECTION 15, MAAMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDOG SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYME*T-, AMENDING SECTION 27, EVECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE;- PROVIDING FOR CODIFICATION; PROVIDING FOR I SEVERABILITY OF PROVISIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECT11VE DATE.0 2.a) Council Member L- rn moved to approve the first reading of proposed Ordinance No. 826; secondedby-Councl Member. (2A-,-j : - b) Uiscu-s-sio n- 7-- C) �N� !� n � bcw ff&Y4 0-�rl�sfens-' an --.IDY-\ tXhCk W d ow P0 I m e- Pro- Arortq d i ncO Cu' rJ i r�cj -Pro M C, il H-r)er e a O�0,kd _ V I eLA_) _,C q/5 0 rner�e� --Wf Ck rr er O� I Tn' I I r) e k-LQ�C- P h 6 /P)ro Pi �9 WP b5V'7b0'-1oYcL ke,,&-) (-Y7 5 �c CACC ., -bif ri Mt h n r�s Fe r 0 n e, n rut-`; i bokebnq aeoror. Dl'zb rt filem �O Pforr Doc .11 ('t Provj�5i on) p(L��IJC, p?on 4-0 eornpl c) -Voteon-fr�. KW - VOTE YEA MAY ABSTAIN ASSENT CHANDLER -MARKHM Sc(. 'A"' W-LIAMS. I 'L I ��[\) 0 ej-P P-)'5V NIE. Cf 11) q- ry) L r--\ C1,W , C N b C oc�� 4c-) - 0 e R L")\' �-Ct t�'\) pLr) , U'r) h ") Y 0 17 PAGE -3- B.l.a) I Council Member moved to read by tile only and set July 15, 2003 as a pubk hearing date for proposed 0—rdina-n-ce-'g(o-".-827-a'-m-endi'n-g'#�fi-(:4-FiWg'h-tA"Pdffei6fiTtu-tt-ruhd'-' CiW ----��-aadTensim �,m -Chrnsbwn -(E-X-W �);.s� py_Council Member L-1y) b) Vote on motion to read by We only and set public hearing date. KIRK MARKHAM WILUAMS, r1-1 A n M r-M -_Monojtl --W.-827-bytwa on, RDINANCE OF, rUMVITIVY w uu-%" jnwr�d QFd nanG-- THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL rl1REFIGH7ERS PENSION I RUST FUND, ADOPTED PURSUANT TO ORDINANCE NG-4*; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF -AMENDING' "ACCUMULATED CC)NTRIBU71ONS"; AMENI)IN SECTION 8; 01 1 go OF BENEFITS; AMENDING SECTION 15, MA)aMUM QN 10. OPTIONAL FORMS PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION RY SER)ACI:PMOR-TO FUR OYMENT: AMENDING IJON 26, Dftr.-T- 'TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE RWDING GODIFIGAMON; PR(ARDING FOR SEVER41311.1TY-OF ;PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING b. 2. a) Council Member moved't-o- approve uncil. dMemberl=t PAGE -4- C. 1. a) Council Member moved to read by tide only and set July 15, 2003 as a pubk heating -date ibr- proposed Ordinance No. 828 amending and resWN the Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund - City Attorney and Pension Attorney Christiansen (Exhibit 31, seconded by Council Member LM b) Vote on motion to read by tide only and set public hearing date. VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER MA WAVORD MOTIM CARRI DENIED C) Q.4 Akqey to read Droposed Ordinance No. 828 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE APD OKEECHOBEE UTILITY AUTHORITY EMPLOYEEZ.-RETiREMENT SYSTE!"S SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR ; PROVIDING FOR ABOARD OF TRUSTE-E-8i PROVIDNG-FOR FINANCM AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGfBRM; PROVIDING FOR ff-ft-MMEIIIT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING . FOR VESTING OF BENEFITS; . PR6MOING OPTIONAL FDRUS OF BENEFITS; PROVIDING FOR- BENEFICIARIES; PRQVIDI"o CLAIMS PROCEDURES: PROVIDING FOR A ROSTER OF RETIREES, PROVIDING FOR A MA)UMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING OSCF-1-1-ANFOI S PROVI.SlM; PROVIDING FOR REREAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPT10N FROM EXECU71ON AND NON-A-SSIGNABILITY; PROVHMG FOR PENSION VALUXTY; PROVIDING FOR -FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE WOLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREM84T; PROVIDING FOR THE. ADOP71ON OF PLAN. BY THE OKEECHOBEE UTILITY A(U-THORRY, PROVIDING FOR THE pttRCMAWM CjkEDIT F PNORAMRNMEWT SERVICE; pROVMM FORSEVERABILITy OF PROMSK)US; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFEC71VE DATE." 2. a) Council Member LM moved to approve the first reading of Ordinance No. 828; seconded by cbuficii member (lk;J b) biscussion. �7,0 , lot S bt yet f 1-s b,a ry> er �tr 6� pen�>ion � ey) c4 ry s ot -c, Ltn pLLLa rr I ) i �r4 yj 0 (L/) -ce mk-t) p,\(:Anf I'fs (A I cf_�O_V_ se V 1(e . in ft) U tj�� r �O-V S C(O�CO COr, U50 5- r - hA) a), c) Vote on motion. ,(V)-e jr)fU�5t, VOTE 'YEA- NAY ABSTAIN ABSENT KIRK ?0 CHANDLER NJ MARKHAM ro 6 r �e� 9 n2 -1i te- , WATFORD on U� WH11AMS MONN,.-4�D:)ENIED PAGE -6- D. Consider Street and Alley Closing Application No. 69 submitted by Okeechobee County and a request to waive the application fees - City Cierk- (Exhib 4). Q tQ9 Jow) ocof)V�LA P;iaelj� oP ct)r Uja r I o- tt S aft PC-4 fe 0 0 Ord PU-4 p 0), PC t -Ap-proo r I �atte- Ai V,�Cma- �q(6 - t/w) N�- r�el Ip NG��Nnca bv�cl\ c), vc)-o- C� on PAGE -6- moved to award a heallh insurance Contract to in the amount of City AdministratDr (Exhibit 5); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT --KIRK- CHANDLER WATFORD TiON MO DENIED 9 n, qj -L),t) su)-t+ C4 rn S F1 I-ep \ �a V,L of C F1 0 014 li� r-Unq ne f UN) 06L 14f) Si, d R r) e fUT fL OrWyl he n k,�j o C n e ft,�z ,c"/ r c - L�M i nto-- ne -W, y -)c I rok �M- r ) rrL'o L4 Y-V C, T-Tf f (Q) 6?b Ict f el t k A &v-,a CT ��-.e 11 q/v i n c4 �k 0�- -PATW'd -0n -U - ch Q- fraln�ehc,_rc, PAGE -7- Consider a cont-dd renewal,��ubrqftd by-LaRw Pla niog & agW* vicM City -n— _Mln_ _0,-Ser -Ipc. Administrator (Exhfl* 6). f:2 CALAla &CZI\ r6V. rC4 I hc a . (,� CTCUC rur f O\j Oklj b JO r- s c� CITY OF OKEECHOBEE JUNE 179 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 1. CALL TO ORDER - Mayor Pro Tempore: June 17, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson. Pledge of Allegiance led by Mayor Pro Tempore. III. RECESS MEETING - Mayor Pro Tempore. IV. RECONVENE MEETING - Mayor. V. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 3, 2003 Regular Meeting. JUNE 17,2003 - CiTy COUNCIL AGENDA - PAGE 2 OF 3 VH. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2003 Warrant Register. General Fund $303,707.15 Capital Projects (Bldg.) $65,018.84 Capital Projects (Vehicles) $15,000.00 Law Enforcement Special Fund $1,429.63 VIII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IX NEW BUSINESS - Mayor. A.1.a) Motion to read by title only and set July 15, 2003 as a public hearing date for proposed Ordinance No. 826 regarding the City Police Department Pension Plan - City Attorney and Pension Attorney Christiansen - (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 826. 2.a) Motion to approve the first reading of proposed Ordinance No. 826. b) Discussion. C) Vote on motion. B.1.a) Motion to read by title only and set July 15, 2003 as a public hearing date for proposed Ordinance No. 827 amending the City Firefighters' Pension Trust Fund - City Attorney and Pension Attorney Christiansen (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 827. JUNE 17� 2003 - CITY COUNCIL AGENDA - PAGE 3 OF 3 IX. NEW BUSINESS CONTINUED. B.2.a) Motion to approve the first reading of Ordinance No. 827. b) Discussion. C) Vote on motion. C.1.a) Motion to read by title only and set July 15, 2003 as a public hearing date for proposed Ordinance No. 828 amending and restating the Okeechobee Utility Authority and the City of Okeechobee General Employees' Pension Trust Fund - City Attorney and Pension Attorney Christiansen (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 828. 2.a) Motion to approve the first reading of Ordinance No. 828. b) Discussion. C) Vote on motion. D. Consider Street and Alley Closing Application No. 69 submitted by Okeechobee County and a request to waive the application fees - City Clerk (Exhibit 4). E. Consider proposals and award a health insurance contract - City Administrator (Exhibit 5). F. Consider a contract renewal submitted by LaRue Planning & Management Services, Inc. - City Administrator (Exhibit 6). X ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for offlicial records of the Clerk. AFFIDAVIT OF P LISHER OKEECHOBEE TIMES -6iT-C;Wjl��EZTING NOTICE 106 S.E. 5th St., Okeechobee, FL 34974 NOTICE 15 HEREBY GIVEN that thd City of C&mcboba City Councii will mad ir� Rqpga Session on Tuestlay, In= 17, 200, (863) 763-7283 .55 SE kd Ave., Rm MO. The public is invW mid. Published Weekly encouraged to &#and. For a OWY Ofthe saaawls, contact Ci4r A&nk&ha&m at (863) 763�3372 x 212. PLEASE TAKE NOTICE AND BE, STATE OF FLORIDA ADVISED that if any Person desir- to 4- COUNTY OF OKEECHOBEE: peal any decision made by the City Councd- with respect to any matter considered at this' meeting, such interested person will wed a: record of the proceedings, wW for such PW Before the undersigned authority personally appeared J.W. Mm=a MUM a Verbatim fee"& is made, which record in-' Owens who on oath says that he is publisher of the Okeechobee Times, ch.ks tfa tahmony arg eM-- upon which' am appeal is to be base& Tapes me used fa a newspaper published weekly at Okeechobee in Okeechobee, Florida: the sck purpose of back-up for the Clerks office. In sccodmo, with the Americans vvith that the attached copy of advertisement, DisabMes Act XA d)=dt.F1 286.26, persons s being a 121 181 IC 1140110: 12n a 1 -)o 3 4 cw aocomaxxiation to =Minthis pro- cee"g should contso onot", no in the matter of CIT)C COt INCH MUTING NOTICIF Later thim 1. (2) working &ys prior to the CITY OF OKEECHOUEE procadrig at 863-763�3372 x 214; if you - hearing or voice impair4 call TDD 1-WO-. 55 SE THIRD AVENUE 222-3449 (voice) or I-SM447-5620 Cryy). by: LANE GAMIOTEA. CkY Clark OKEECHOBEE, FL 34974-2932 PUBLUH 9&l2aM OKEECHOBEE TIMES 941-763-3372 - ---------- -------- In the Court, was published in said newspaper in the issues of 06.112.42003 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, RECF10 in said Okeechobee County, Florida, for a period of one year next JUN 2 1),-) preceding the first publication of the attached copy of advertisement; and affiant further says that lie has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the 0/ said newspaper. 4 J. W. Owens, (PuLffisher) Sworn to and subscribed before me this 12, 14-1— day of A. D. 2003 L:4� a . (SEAL) Notary Public �,Ry PO, OFFICLAL NOTARY SEAL 0, 1(� ROSEALEE A We*�IM COMMISSION NUMBER 7 Wo CC 940770 My COMMISS" EXP'RFS OF r 0_ JUNE E� EXHIBIT 1 — JUNE 17 AGENDA ORDINANCE NO. 826 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS" PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS"; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 26, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 27, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR POLICE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTIONI: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 1, Definitions, by amending the definition of uAccumulated Contributions", to read as follows: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and four and one -quarter percent (4.25%) per annum thereafter. For those Members who purchase Credited Service at no cost to the System, pursuant tow Seeben 25, only that portion of any payment represemfing the surn that he wet have eentrebuted had he been a Member of the Systern for the years for whieh 0 9 requesting eredit, sheil be ineluded in Aeeumulated Gontributions any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the creditinq interest of four and ongAuarter percent (4-1/4%) per annum. SECTION2: That the City of Okeechobee Municipal Police Officers'Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 8, Disability, subsection 5, Physical Examination Requirement, to read as follows: 5. Physical Examination Rgguirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periedieell. . ed reguired by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's expense) to the Board annually and may be reguired by the Board to unde[go additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be Page 1 of 8 selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Police Officer, and the Retiree so returned shall enjoy the same rights that Member had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Police Officer, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Retiree fails to reenter the service of the City as a Police Officer within thirty (30) days from the date the Board determines that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Police Officer, the Retiree's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Police Officer. The Board shall have the power and authority to make the final decisions regarding all disability claims. SECTION 3-. That the City of Okeechobee Municipal Police Officers'Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A., to read as follows. - A. A retirement income of a modified monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Retiree, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds (66 213%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Exeept where the Retiree's jeamt pemsiomer is his Spouse The present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. SECTION4: That the City of Okeechobee Municipal Police Officers'Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed nimety one hundred siLcty thousand dollars ($90,OW ($160,000). For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Page 2 of 8 Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one (1) plan. 3. Ad*ustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the ninety one hundred sixty thousand dollar ($90,000) ($160,000) limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Code, bttt not less then seventy-five thousand dollars ($75,000), if the ben . i begins at or after age fifty-five (55). In the event the Mernbe0a retirement benefit beeemes payable before age fifty-five (55), seventy-five thetisamd deller ($75,000) limitation she" be redu frorn age fifty-five (56) in aeeordanee with Regulations issued by the Seeretery of the TreasuFy pursuant to the provisions of §41 5(b) of t Gede so that such limitation (as so reduced) eguals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a one hundred siLdy thousand dollar ($160,000) annual benefit be -ginning at age sixty-two (62). B. In the event the Members benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8 or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five ( 65). This adjustment shall be made assurned interest rate of five pereent (5%) and shall be me e in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten (10) Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits Page 3 of 8 paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. _M_ WO W WIWA E 14 0 1 VIV 14 LVI 0 M I 10 M = ff— OM 4 LWI 0 0 V Id W UsEr. - 7-6. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shal I be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 87. Cost -of -Living Adjustments. The limitations as stated in subsections 1, 27 and 3—,mi" herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the Code. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive Page 4 of 8 in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 5: That the City of Okeechobee Municipal Police Officers' Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 17, Miscellaneous Provisions, by adding subsection 5., Compliance with Chapter 185, Florida Statutes, to read as follows: 5. Compliance with Chapter 185, Florida Statutes. It is intended that the System will continue to gualify for funding under Section 185.08, Florida Statutes. Accordingly, unless otherwise required!�y law, any provision of the System which violates the requirements of Chapte 185, Florida Statutes, as amended from time to time, shall be superseded b y and administered in accordance with the reguirements of such chapter. SECTION& That the City of Okeechobee Municipal Police OfficersPension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 25, Military Service Prior to Employment, to read as follows: SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Police Officer serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Police Department shall be added to his years of Credited Service provided that: The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. The request she" be made enly enee and made by the Member on or before six (6) momths frorn the date of his erripleyrnemt with the City Polo Department. Multiple reguests to purchase Credited Service pursuant to this Section may be made at aLiy time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this Section shall not count toward vesting or eligibilily for not -in -line of duty disability benefits. SECTION 7: That the City of Okeechobee Municipal Police Officers'Pension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by amending Section 27, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION 27 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONti.— Rollover Distributions. Page 5 of 8 A. General. This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2- B. Definitions. A-. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one (1) of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code, and the portion of any distribution that is not includible in gross income. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a gualified defined contribution glan described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including segarately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. B-. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. I lowever, This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse, an eliggible. retirernentple" 9 am Ondovedus' retorernemt Ar- : ndmv4dual retirernem onmuity. C- LQ Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. E)-. f4l Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after Janua!y 1. 2002, the System will accept, solely for the purpose of purchasing Credited Service as provided herein, permissible Member Page 6 of 8 Muested transfers of funds from other retirement or gension plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after Janua[y 1. 2002, as follows: A. Transfers and Direct Rollovers or Member Rollover Contributions from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a gualified plan described in section 401fal or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible vlan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agengy or instrumentality of a state or political subdivision of a state. The Sy�tem will also accept legally permissible Member reguested transfers of funds from other retirement or pension plans. B. Member Rollover Contributions from IRAs. The system will individual retirement account or annuily described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 8: That the City of Okeechobee Municipal Police OfficersPension Trust Fund, adopted pursuant to Ordinance No. 749, is hereby amended by adding Section 27, Prior Police Service, to read as follows: SECTION 27. PRIOR POLICE SERVICE. Unless otherwise Drohibited by law, and excer)t as r)rovided for in Section 1. the years or fractional parts of years that a Member previously served as a full-time Polioe Officer with the City during a period of previous emRloyment and for which period Accumulated Contributions were withdrawn from the Fund, or the years and fractional parts of years that a Member served as a full-time Police Officer for any other municipal, county or state law enforcement department in State of Florida shall be added to his years of Credited Service provided that: 1 . The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is Lequesting credit l2lus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the gurchase of years of Credited Service. 2. Multiple Lequests to purchase Credited Service pursuant to this Section mgy be made at any time prior to Retirement. 3. Payment by the Member of the reguired amount shall be made within six &I months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the Cit of Okeechobee shall befive (5) years of Credited Service and shall count for all pu[poses, except vesting and eligibility for not -in -line of duty disabilit benefits. There shall be no maximum purchase of credit for prior service with the Cily of Okeechobee and such credit shall count for all pu[poses, including vesting. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other municipal, counly or state law enforcement department, if such prior service forms or will form the basis of Page 7 of 8 a retirement benefit or pension from another retirement sy§tem or plan as set forth in Section 15, subsection B.B. SECTION 9: Specific authorky is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 12: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 17th day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED on second and final reading this lVh day of July, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney bm\ok\po1\0Q-06-02.ord James E. Kirk, Mayor Page 8 of 8 EXHIBIT 2 - JUNE 17 AGENDA ORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS! PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 760; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONSVP; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION; AMENDING SECTION 17, MISCELLANEOUS PROVISIONS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO EMPLOYMENT; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ADDING SECTION 27, PRIOR FIRE SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BYTHE CITYCOUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 1, Definitions, to amend the definition of uAccumulated Contributions" to read as follows: Accumulated Contributions means a Member's own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum. For those Members who purchase Credited Service at no cost to the System, pursuant to Seetion 25�-O* that peftiem of any payrneinit representing the sum that he would have eentributed had he been a Member of the 6y9tem for the years for whieh he 09 requesting eredit sha" be ine'uded nn Aeeurnti'sted Gentfibutien-9 any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and any payment representing interest and any reguired actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of five and one::guarter percent (5-1/4%) percent per annum. SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 8, Disability, subsection 5., Physical Examination Requirement, to read as follows.. 5. Physical Examination Rgguirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Members treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periediesill. . ted reguired by the Board to submit sworn statements of his condition accompanied by a physician's statement (provided at the Retiree's eL(pense) to the Board annually and may be required by the Board to unde[go additional periodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Page 1 of 8 Firefighter, the Board shall recommend to the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pen- sion. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a Firefighter, his service shall be deemed to have been continuous, and the period for which Member received a disability retirement income shall be Credited Service for purposes of the System. If the Firefighter fails to reenter the service of the City as a Firefighter within thirty (30) days from the date the Board determines that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Members future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a Firefighter. The Board shall have the power and authority to make the final decisions regarding all disability claims. SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 10, Optional Forms of Benefits, subsection 1.A., to read as follows: 1 A. A retirement income of a modified monthly amount, payable to the Retiree during the lifetime of the Retiree and following the death of the Member, one hundred percent (100%), seventy-five percent (75%), sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of such monthly amount payable to a joint pensioner for his lifetime. Exeept where the Retiree's joint. . 9 has GpeusL—, Ihe present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 15, Maximum Pension, to read as follows: SECTION 15. MAXIMUM PENSION. Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed ninety one hundred siLdy thousand dollars ($90,00G� ($160,000). For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: Page 2 of 8 (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one (1) plan. 3. Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age sixty-two (62), the nin* one hundred sixt y thousand dollar ($90,000) ($160,000) limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Code, bttt met less then seventy-five theusamd dollars ($75,000) if the benefit begins at or aftef age fifty-five (65). In the event the Membees retirement benefit beeemes payable before age fifty4ive (55), the seventy41ve theusend dollar ($75,000) lirnitMien shall be redu fmm age fifty-five (56) am eeeardenee with Regulatiems issued by Seeretery of the Treasury pur-suamt to the provisions of §41 5(b) of Oode so that such limitation (as so reduced) eguals an annual benefit (beginning when such retirement income benefit begins) which is eguivalent to a one hundred siLdy thousand dollar ($160,000) annual benefit beginning at age sixty:bko (62). B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. D. In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shal I be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made assurned imtereat rate of five pereemt (5%) and shall be mado in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten 0 0) Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of C�edited Service with the City shall be the amount determined under subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. Page 3 of 8 5. Ten Thousand Dollar ($10,000) Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10,000) for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a qualified defined contribution plan in which the Member participated. 1 - _ Tr_-VNW I -%V� I Z L� IL ON L I I A A i - i- I 100 - "0' ji WI 11 1 ki i -� IIIIIIMII-110 - L mqmk_�-A MAW MWJ WIFM 4 0 k�ALWIWIW k,9 -TIF VJ L-iqn 0 kWM q 0 L�A K-1�3 15 On I L-A S rIR 10 LW &rAW WA 4 M 2 N KWIWA 0 1 Z- I 12 L —A-104EL 7-6. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 87. Cost -of -Living Adjustments. The limitations as stated in subsections 1, 2-, and 3—,erf" herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the Code. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed one hundred percent (100%) of his Average Final Compensa- tion. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from a different employers retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title Page 4 of 8 10, U.S. Code. SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 17, Miscellaneous Provisions, by adding subsection 5., Compliance with Chapter 175, Florida Statutes, to read as follows: 5. Coml2liance with Chapter 175, Florida Statutes. It is intended that the Sy�tem will continue to gualify for funding under Chapter 175, Florida Statutes, as amended from time to time, shall be superseded by and administered in accordance with the requirements of such chapter. SECTION 6: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 25, Military Service Prior to Employment, to read as follows: SECTION 25. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a Firefighter serves or has served on active duty in the active military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Fire Department shall be added to his years of Credited Service provided that: The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. The request shall be Priede only enee and rnede by the Member em or before six (6) momths ffern the date of his employment with the Gity Fire Bepartment. Multiple Muests to pgrchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting or eligibility for not -in -line of dgN disability benefits. SECTION 7: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by amending Section 26, Direct Transfers of Eligible Rollover Distributions, to read as follows: SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. Rollover Distributions. A. General. Page 5 of 8 This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2- B. 'Definitions. A-. Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (orjoint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code; and the portion of any distribution that is not includible in gross income. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a gualified defined contribution plan described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including sWarately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, an eligible deferred compensation plan described in section 457(b) of the Code which is maintained by an eligible employer described in section 457(e)(1)(A) of the Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. However, This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirementplen a s an *ndovodue' retorernent seeeumt or *ndMdus' refirernent annuity. Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. 9- Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers, or Transfers into the Fund. On or after January 1. 2002, the Sygem will accept, solely for the purpose Page 6 of 8 of purchasing Credited Service as provided herein, permissible Member reguested transfers of funds from other retirement or pension 121ans, Membe rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1, 2002, as follows: A. from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution ora Member contribution of an eligible rollover distribution from a gualified plan described in section 401fM or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agengy or instrumentalh of a state or political subdivision of a state. The System will also accegt legally permissible Member reguested transfers of funds from other retirement or pension plans. individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 8: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund, adopted pursuant to Ordinance No. 750, is hereby amended by adding Section 27, Prior Fire Service, to read as follows: SECTION 27. PRIOR FIRE SERVICE. Unless otherwise prohibited by law, and excegt as provided for in Section 1, the years or fractional parts of years that a Member previously served as a full-time Firefighter with the City during a Mriod of grevious eml2lgyment and for which period Accumulated Contributions were withdrawn from the Fund, or the years and fractional parts of years that a member served as a Firefighter for any other municipal, counly, state or special district fire department in the State of Florida shall be added to his years of Credited Service provided that: 1 The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the ygars or fractional parts of years for which he is reguesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the 12urchase of years of Credited Service. 2. Multigle requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the reguired amount shall be made within six &I months of his request for credit, but not later than the retirement date, and shall be made in one (1) lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section for service other than with the City of Okeechobee shall be five (5) years of Credited Service and shall countfor all pun:)oses, except vesting and eligibility for not -in -line of duly disability benefits. There shall be no maximum purchase of credit for 2rior service with the Ci!y of Okeechobee and such credit shall count for all 2urposes, including vesting. 5. In no event, however, may Credited Service be purchased 1?ursuant to this Section for prior service with any other municipal, county or special district Page 7 of 8 fire degartment, if such orior service forms or will form the basis of a retirement benefit or pension from a different eml2lpjLers retirement system or plan as set forth in Section 15, subsection 8.13. SEC11ON 9: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Okeechobee. SECTION 10: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 11: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 12: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 17th day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED on second and final reading this lVh day of July, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 8 of 8 ExHIBIT 3 - JUNE 17 AGENDA ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING AND RESTATING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES! RETIREMENT SYSTEM, AS SUBSEQUENTLY AMENDED; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR ABOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE -RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FORA ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON -ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING F ' OR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR RE-EMPLOYMENT AFTER RETIREMENT; PROVIDING FOR THE ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY; PROVIDING FOR THE PURCHASE OF CREDIT FOR PRIOR GOVERNMENT SERVICE; PROVID- ING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee and the Okeechobee Utility Authority Employees are presently provided pension and certain other benefits under Ordinances of the City of Okeechobee and-, WHEREAS, the City Council desires to clarify and restate the provisions of the General Employees' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal law and the applicable State laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, is hereby amended and restated assetforth inthe document designated CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, attached hereto and made a part hereof. SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. Page 1 of 2 SECTION 4: That this Ordinance shall become effective upon adoption. INTRODUCED on first reading and set for public hearing this 17' day of June, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED on second reading after public hearing this W'day of July, 2003. ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM SECTION 1. DEFINITIONS. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Accumulated Contributions means a Members own contributions with interest at the rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993 and three percent (3%) per annum thereafter compounded annually on September 30. Interest is not prorated on Member contributions during a Plan Year. For those Members who purchase Credited Service with interest or at no cost to the System, pursuant to Seetion 24 emly that portion of emy payment mpFesemting the amount attrebuteNe to Member eemtributoons based on the applieable fnernbw, eontribution rate, plus imterest, shall be ineluded in Aeeurnuleted Gentributions any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, and aDY payment representing interest and any required actuarially calculated payments for the purchase of such Credited Service, shall be included in Accumulated Contributions without the crediting of interest of three percent (3%) percent per annum. - - 4 - - - IS ' a IS �111114 2 L-1111 -4 111 -J LOA I WE 10 L-_1J 10 10 1 'I'M -III IKIJ INS WNM6- T.T V PIT -%VW I IS -41 ' sk-AlIalk—I 5 LW L-JLIOI�l WA Lw�- e�]KR 0 1- 11" 1 1[� KILM I RL�K� I R LOS q S L�l EWW Low Actuarial Eguivalent means that any benefit payable under the terms of this System in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing the actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality by using 8% interest and the 1983 Group Annuity Mortality Table. Average Final Compgnsation means one -twelfth (1 /12) of the average Salary of the five (5) best years of the last ten (10) years of Credited Service prior to retirement, termination or death. A year shall be twelve (12) consecutive months. Beriefigiga means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designation is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. City means City of Okeechobee, Florida and the Okeechobee Utility Authority. Code means the Internal Revenue Code of 1986, as amended from time to time. Credited Service means the total number of years and fractional parts of years of service as a General Employee with member contributions when required, omitting intervening years or fractional parts of years when such Page 1 of 26 Member was not employed by the City as a General Employee. A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of five (5) years after leaving the employ of the City pending the possibility of being reemployed as a General Employee, without losing credit for the time that he was a Member of the System. If a non -vested Member leaves the employ of the City and is not reeml2loyed within five (5) years, his Accumulated Contributions will be returned. If the a vested Member leaves the employ of the City, his Accumulated Contributions will be returned upon his written request. Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. The years or fractional parts of a year that a Member serves in the military service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from employment as a General Employee with the City to perform training or service, and reemployment on or after December 12, 1994, shall be added to his years of Credited Service for all purposes, including vesting, provided that: A. The Member must return to his employment as a General Employee within one (1) year from the earlier of the date of his military discharge or his release from service. B. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a General Employee during his absence. The Member must deposit all missed contribu- tions within a period equal to three (3) times the period of military service, but not more than five (5) years from the date of re- employment or he will forfeit the right to receive Credited Service for his military service pursuant to this Section. C. The maximum credit for military service pursuant to this Section shall be five (5) years. D. The Member must have been discharged or released from service under honorable conditions. E. This Section is intended to satisfy the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103-353). To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. Effective Date means the date on whieh this ordenenee beeemes effeetive December 14,1971. General Employee means any actively employed person in the regular full- time service of the City of Okeechobee or the Okeechobee Utility Authority, including those in their initial probationary employment period, but also including elected officials. This term shall not include certified police officers and certified firefighters employed by the City or the members of the Okeechobee Utility Authority Board. Fund means the trust fund established herein as part of the System. Member means an actively employed General Employee who fulfills the prescribed membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance Page 2 of 26 adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year means the twelve (12) month period beginning October 1 and ending September 30 of the following year. Retiree means a Member who has entered Retirement Status. Retirement means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Sala[y means the basic compensation for services rendered to the City as a General Employee, plus all tax deferred, tax sheltered and tax exempt items of income, if otherwise includible as basic compensation, derived from elective employee payroll deductions or salary reductions, but excluding overtime, bonuses and any other non -regular payment. Compensation in excess of the limitations set forth in Section 401 (a)(1 7) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shall not be less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an individual who was a Member before the first plan year beginning after December 31, 1995. Spouse means the lawful wife or husband of a Member or Retiree at the time benefits become payable. System means the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System as contained herein and all amendments thereto. 2. Masculine Gender. The masculine gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine and masculine genders. SECTION 2. MEMBERSHIP. Conditions of Eligibility. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. Notwithstanding the previous paragraph, the current City Administrator and any future City Administrator or Administrative Assistant and the current or future Executive Director of the Okeechobee Utility Authority may, in the event he has elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or Executive Director, notify the Board and the City of Okeechobee (with respect to the City Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with respect to the Executive Director), in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. Notwithstanding any provision herein to the contrary, the current City Administrator as of April 1, 2001 may, in the event he has elected to participate in another pension program on or before June 1, 2001, notify the Board and the City of Okeechobee, in writing, of his election to opt out of the System. In the event of such election, the Board shall refund the Accumulated Contributions to the City Administrator and he shall be barred from future membership in the System. Page 3 of 26 2. Designation of Beneficia[y. Each General Employee shall complete a form prescribed by the Board designating a Beneficiary or Beneficiaries. SECTION 3. BOARD OF TRUSTEES. The sole and exclusive administration of and responsibility for the proper operation of the System and for making effective the provisions of this ordinance are hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five (5) Trustees, one of whom, shall be a legal resident of the City, who shall be appointed by the Okeechobee City Council, one of who shall be appointed by the Okeechobee Utility Authority Board, one of whom shall be a full-time General Employee Member employed by the City of Okeechobee, and one of whom shall be a full-time General Employee Member employed by Okeechobee Utility Authority. The fifth Trustee shall be chosen by a majority of the previous four Trustees as provided for herein, and such person's name shall be submitted to the Okeechobee City Council. Upon receipt of the fifth person's name, the Okeechobee City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the same rights as each of the other four Trustees appointed or elected as herein provided and shall serve a two (2) year term unless he sooner vacates the office. Each resident Trustee appointed by the City of Okeechobee or by the Okeechobee Utility Authority shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the appointing authority at whose pleasure he shall serve. Each Member Trustee shall serve as Trustee for a period of two (2) years, unless he sooner leaves the employment of the City of Okeechobee or Okeechobee Utility Authority as a General Employee or otherwise vacates his office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. The Board shall establish and administerthe nominating and election procedures for each election. The 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. 2. The Trustees shall, by a majority vote, elect a Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per them as provided by law. 3. Each Trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board. A Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee complies with the provisions of Section 112.3143, Florida Statutes. 4. The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System. The compensa- tion of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree. 5. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. Page 4 of 26 __1 B. To determine all questions relating to eligibility and membership. C. To determine and certify the amount of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the System and Fund. H To have performed actuarial studies and valuations at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the System. To perform such other duties as are required to prudently administer the System. SECTION 4. FINANCES AND FUND MANAGEMENT. Establishment and Operation of Fund. As part of the System, there is hereby established exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent but only upon written authoriza- tion from the Board. 3. All funds of the system may be deposited by the Board with the Finance Director of the City, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he is liable for the safe- keeping of funds for the City. However, any funds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identified as such funds of the System. In lieu thereof, the Board shall deposit the funds of the System in a qualified public depository as defined in §280.02, Florida Statutes, which depository with regard to such funds shal I conform to and be bound by al I of the provisions of Chapter 280, Florida Statutes. In order to fulfill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered under the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion, subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. 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 as regards the following: Page 5 of 26 A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis, and B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest, dividends and gains (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 5. An audit shall be performed annually by a certified public accountant for the most recent fiscal year of the " System showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market basis, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Okeechobee City Council to amend or terminate this Fund, provided that no amendment or Fund 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, except as otherwise provided herein. 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. B. All monies paid into or held in the 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) Annuity and life insurance contracts with life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of this System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank insured by the Bank Insurance fund or a savings/building and loan association insured Savincis Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States or the an agengy of the government of the United States. Page 6 of 26 fSJJ4) Stocks, commingled or mutual funds administered by national or state banks, bonds or other evidences of indebtedness Is, JtWM L11 JF'1%2LII%�L'SrVWZI'S."IX;14=3r%'I'zi*g.zq-"X.LIICZ -n a nateina I exchange. , provided that: (a) Except as provided in subparagraph (b). all in ividually held securities and all securities in a commingled or mutual fund must be issued or guaranteed by a co[poration organized under the laws of the United States, any state or organized territo!y of the United States, or the District of Columbia. (b) U12 to fifteen Wcent (15%) of the assets of the Fund may be invested in foreign securities. Lc I The Board shall not invest more than five percent (5%) of its assets in the common stock, capital stock, or convertible securities 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 that company; nor shall the aggregate of its investments in common stock, capital stock , international equity securities and convertible securities at cost exceed sixty percent (60%) of the assets of the Fund. No more them fifteen pereent (IS%) at eest the Fund assets shall be seeurifies. C . At least once every three (3) vears. and more often as determined b the Board, the Board shall retain a professionally qualified independent consultant to evaluate the performance of all current investment managers and make recommendations regarding the retention of all such investment managers. These recommendations shall be considered by the Board at its next regularly scheduled meeting. D. 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. E. Neither the Board or any Trustee shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his or its own negligence, willful misconduct or lack of good faith. F. 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. G. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, Page 7 of 26 reorganizations, recapitalization, consolidations, and similar transac- tions with respect to such securities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. H. The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under this ordinance, can reasonably be taken or performed only after receipt by it from a Member, the City, or any other entity, of specific informa- tion, 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. J. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a manner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Over payment shall be charged against payments next succeeding the correction or collected in another manner if prudent. Underpayments shall be made up from the Fund in a prudent manner. K. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. L. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. M. 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 said Fund shall always remain in the Board. SECTION 5. CONTRIBUTIONS. Member Contributions. A. Amount. Each Member of the System shall be required to make regular contributions to the Fund in the amount of six percent (6%) of his Salary. Member contributions withheld by the City on behalf of the Member shall be deposited with the Board at least momthl immediately after each pay period. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of Page 8 of 26 the System, such contributions shall be considered to be Member contributions. B. Method. Such contributions shall be made by payroll deduction. 2. Ci!y Contributions. So long as this System is in effect, the City of Okeechobee and the Okeechobee Utility Authority shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability . -d of not rnere then forty (40) years, eemmeneing with the fiseal year in whieh the Effeeteve Date of this System eeeurs as grovided in Part Vil of Chapter 112, Florida Statutes. The total cost for any year shall be apportioned equitably and consistently between the City of Okeechobee and the Okeechobee Utility Authority based on the costs associated with each entity's employees. 3. Other. Private donations, gifts and contributions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as determined by the Board, and may not be used to reduce what would have otherwise been required City contribu- tions. SECTION 6. BENEFIT AMOUNTS AND ELIGIBILITY. Normal Retirement Date. A Member's normal retirement date shall be the first day of the month coincident with, or next following the earlier of the attainment of age sixty- five (65) and the completion of five (5) years of Credited Service or upon the completion of thirty (30) years of Credited Service, regardless of age. A Member may retire on his normal retirement date or on the first day of any month thereafter, and each Member shall become 100% vested in his accrued benefit on the Member's normal retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. 2. Normal Retirement Benefit. A Member retiring hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on thefirst day of the month coincident with or next following his Retirement and be continued thereafter during Member's lifetime, ceasing upon death, but with one hundred twenty (120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and one -tenth percent (2.1 %) of Average Final Compensation, for each year of Credited Service. 3. Early Retirement Date. A Member may retire on his early retirement date which shall be the first day of any month coincident with or next following the later of the attainment of age fifty-five (55) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement Page 9 of 26 date. 4. Early Retirement Benefit. A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A deferred monthly retirement benefit which shall commence at age sixty-five (65) and shall be continued on the first day of each month thereafter. The amount of each such deferred monthly retirement benefit shall be determined in the same manner as for retirement on his normal retirement date except that Credited Service and Average Final Compensation shall be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shall commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable shall be as determined in paragraph A above, which is reduced by two percent (2%) for each year by which the commencement of benefits precedes age sixty-five (65). SECTION 7. DEATH BENEFITS. Prior to Vesting or Eligibility for Retirement. The Beneficiary of a deceased Member who was not receiving monthly benefit payments, or who was not yet vested or eligible for retirement shall receive a refund of one hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Eligible for Retirement. Any member, whether or not still actively employed, who has a right to a vested accrued benefit, shall be eligible for a death benefit if he dies before collecting any other benefits from this System. The amount of the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit or his Accumulated Contributions, whichever is greater. If this single sum value is less than $5,000, it shall be paid in a lump sum. If the value exceeds $5,000, the Beneficiary may elect payment under any of the optional forms available for retirement benefits or a lump sum payment. If a Member is eligible for early or normal retirement, but remains in employment and dies while so employed, the death benefit shall be determined as follows: It shall be assumed that such deceased Member had retired immediately preceding his date of death and elected the Ten Year Certain and Life Thereafter option. However, the death benefit shall be equal to fifty percent (50%) of the actuarially equivalent single sum value of the Member's vested accrued benefit, if larger than the Ten Year Certain and Life Thereafter option, described earlier in this Section. SECTION 8. DISABILITY. Disabili!y Benefits. Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or Pagel 0 of 26 mental impairment, to perform the duties that the General Employee was assigned at the time of the impairment and is unable to perform the duties of another General Employee position which the City of Okeechobee or the Okeechobee Utility Authority makes available to him in a similar job classification and rank at no reduction in Salary for which the General Employee is qualified by reason of training, education, or experience, whether or not such disability was directly caused by the performance of his duty as a General Employee. Upon establishing the same to the satisfaction of the Board, the General Employee shall be entitled to a monthly pension determined in the same manner as for Early Retirement set forth in Section 6, subsection 4. B, if the benefit begins at or after age fifty-five (55), and if the benefit begins prior to age fifty-five (55), the benefit shall be actuarially reduced for the period prior to age fifty-five (55). Terminated persons, either vested or non -vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days after termination. 2. Conditions Disqualifying Disabili!y Benefits. Each Member who is claiming disability benefits shall establish, to the satisfaction of the Board, that such disability was not occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants, or alcohol. B. Injury or disease sustained while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. D. Injury or disease sustained while serving in any branch of the Armed Forces. E. Injury or disease sustained after his employment as a General Employee with the City Okeechobee or the Okeechobee Utility Authority shall have terminated. F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City of Okeechobee or the Okeechobee Utility Authority and arising out of such employment. H. A condition pre-existing the General Employee's membership in the System. No Member shall be entitled to a disability pension because of or due to the aggravation of a specific injury, impairment or other medical condition pre-existing at the time of membership in the System, provided that such pre-existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Nothing herein shall be construed to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition different from some other injury, impairment, or other medical condition existing at or prior to said membership. 3. Physical Examination Reguirement. A Member shall not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that Page 11 of 26 purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determines that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of this ordinance may be periedies'l. . ied reguired by the Board to submit sworn statements of his condition accompgnied by a physician's statement (provided at the Retiree's exl2ense) to the Board annually and may be Muired by the Board to undergo additional ppriodic re-examinations by a qualified physician or physicians and/or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist. If the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a General Employee, the Board shall recommend to the City that the Retiree be returned to performance of duty as a General Employee, and the Retiree so returned shall enjoy the same rights that he had at the time he was placed upon pension. In the event the Retiree so ordered to return shall refuse to comply with the order within thirty (30) days from the issuance thereof, he shall forfeit the right to his pension. The cost of the physical examination and/or re-examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. If the Retiree recovers from disability and reenters the service of the City as a General Employee, his service shall be deemed to have been continuous, and the period for which Retiree received a disability retirement income shall be Credited Service for purposes of the System. If the Retiree fails to reenter the service of the City as a General Employee within thirty (30) days from the date the Board determines thatthe Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a General Employee, the Member's future benefits shall be determined as though he initially terminated employment on the date the Board determined that he was permanently and totally disabled to the extent that he was unable to render useful and efficient service as a General Employee. The Board shall have the power and authority to make the final decisions regarding all disability claims. 5. Disability Payments. The monthly benefit to which a Member is entitled in the event of the Member's disability retirement shall 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 the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. If the Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. Provided, however, the disabilfty Retiree may select, at any time prior to the date on which benefit payments begin, an optional form of benefit payment Page 12 of 26 as described in Section 10, subsection 1.A. or 1.13., which shall be the Actuarial Eguivalent of the normal form of benefit. 6. Workers' Compgrisation. When a Retiree is receiving a disability pension and workers' compensation benefits pursuant to Florida Statute Chapter 440, forthe same disability, and the total monthly benefits received from both exceed 100% of the Members average monthly wage, as defined in Chapter 440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly amount received by the Retiree does not exceed 100% of such average monthly wage. The amount of any lump sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Years' Certain by dividing the lump sum amount by 83.9692. SECTION 9. VESTING If a Member terminates his employment as a General Employee, either voluntarily or by discharge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following: If the Member has less than five (5) years Credited Service upon termina- tion, the Member shall be entitled to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If the Member has five (5) or more years of Credited Service upon termination, the Member shall be entitled to a monthly retirement benefit, determined in the same manner as for normal or early retirement and based upon the Member's Credited Service, Average Final Compensation and the benefit accrual rate as of the date of termination, payable to him commenc- ing at age 65, or age 55 reduced as for early retirement from age 65, provided he does not elect to withdraw his Accumulated Contributions and provided the Member survives to his otherwise normal or early retirement date. If the Member does not withdraw his Accumulated Contributions and does not survive to his otherwise normal or early retirement date, his designated Beneficiary shall be entitled to a benefit as provided herein for a deceased Member, vested or eligible for Retirement under Pre -Retirement Death. SECTION 10. OPTIONAL FORMS OF BENEFITS. In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member, upon written request to the Board may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a modified monthly amount, payable to the Member during the lifetime of the Member and following the death of the Member, 100%, 75%, 66-2/3% or 50% of such monthly amount payable to a joint pensioner for his lifetime. Exeept where the Retiree's joint pensioner is his Spouse, The present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. B. A retirement income of a modified monthly amount for the lifetime of the Member only. C. If a Member retires prior to the time at which social security benefits are payable, he may elect to receive an increased retirement benefit Page 13 of 26 until such time as social security benefits shall be assumed to commence and a reduced benefit thereafter in order to provide, to as great an extent as possible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Members Retirement. This option may be combined with other optional forms of benefits. 2. The Member, upon electing any option of this Section, will designate thejoint pensioner (subsection 1.,A. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of Member's death, and will have the power to change such designation from time to time. Such designation will name a joint pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at any time, but may change his joint pensioner only if the designated joint pensioner and the Member were married at the time of Member's Retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shall not be required. The rights of all previously -designated Beneficiaries to receive benefits under the System shall thereupon cease. 4. Upon change of a Retiree's Benefieiary-er joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint pensioner and the Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in Section 11. 5. Retirement income payments shall be made under the option elected in accordance with the provisions of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 7. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the retired Member and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 11. Page 14 of 26 D. If a Member continues beyond his normal retirement date pursuant to the provisions of Section 6, subsection 1, and dies prior to his actual retirement and while an option made pursuant to the provisions of this Section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) designated by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check. 7. Notwithstanding anything herein to the contrary, the Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the total commuted value of the remaining monthly income payments to be paid do not exceed Five Thousand Dollars ($5,000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons. SECTION 11. BENEFICIARIES. Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new designation -of -beneficiary form. Upon such change, the rights of all previously designated Beneficiaries to receive any benefits under the System shall cease. 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceases the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retiree, shall be paid to the estate of the Member or Retiree and the Board, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum. 3. Any payment made to any person pursuant to this Section shall operate as a complete discharge of all obligations under the System with rggard to the deceased Member and a!2y other persons with rights under the System and shall not be subiect to review by anyone but shall be final, binding and conclusive on all oersons ever interested hereunder.. SECPON 12. CLAIMS PROCEDURES. The Board shall establish administrative claims procedures to be utilized in processing written requests ("claims"), on matters which affect the substantial rights of any person ("Claimant"), including Members, Retirees, Beneficiaries, or any person affected by a decision of the Board. 2. The Board shall have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claims procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. Page 15 of 26 SECTION 13. ROSTER OF RETIREES. The Secretary of the Board shall keep a record of all persons enjoying a pension under the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of all Members employed by the City in such a manner as to show the name, address, date of employment and date of termination of employment. In w -9vr..m - - - - - __ . - W-M-f V I - - __ - - ALMI-L-A .1 1- A , 11 �L-_ Ml 27727 L'A V, SECTION 45 14. MAXIMUM PENSION. 1 . Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a Member under this System shall not exceed $90,000 $160,000. For purposes of applying the above limitation, benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 2. Participation in Other Defined Benefit Plans. The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City shall apply as if the total benefits pay- able under all defined benefit plans in which the Member has been a member were payable from one plan. 3. Adiustments in Limitations. A. In the event the Member's retirement benefits become payable before age 62, the $90,0W $160,000 limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Internal Revenue Code, but not less them $75,060, Of the benefit begins at or after age fifty-five (65). in the event the Membees refirernent benefit beeemes payable before age fift-five (55), the $75,000 limitation shall be redueed from age fifty-five (55)-4n seeordenee with Regulatiemaissued by the Seeretary ef the TressM pursuant to the provisions of §41 6(b) of the Gode so that such limitation (as so reduced) eguals an annual benefit (beginning when such retirement income benefit bMins) which is gguivalent to a one hundred sixtythousand dollar ($160,000) annual benefit be -ginning at age sigy-two (62). Page 16 of 26 B. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. C. If the Member's retirement benefit becomes payable after age sixty- five (65), for purposes of determining whether this benefit meets the limitation set forth in Subsection I herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age 65. This adjustment shall be made i isumed *mte rate of five pereent (5%) and 11 be rnad�e in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 4. Less than Ten Years of Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Credited Service with the City shall be the amount determined under Subsection 1 of this Section multiplied by a fraction, the numerator of which is the number of the Members years of Credited Service and the denominator of which is ten (10). Thereduction provided for in this subsection shall not be applicable to disability benefits paid pursuant to Section 8, or pre -retirement death benefits paid pursuant to Section 7. 5. $10,000 Limit. Notwithstanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations set forth in this Section if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed $10,000 forthe applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a quali- fied defined contribution plan in which the Member participated. M-now _Mwl� A "F 19-W.W. 129-nn _AF. Ic Ml iW1 WISIRE1.1 mr-TIM -NV-V-T V 4 .919r.-VIVI-T L-JJLUMMEL-AL _W1-W-Z*T&T.VEWFP_N41F1 -1Wk_N I- I % 0 L MW -M L--f- I 10 L W1 9 LWJ 5 t- X 12 10 R -FA W—J VA % LW W W W -76. Reduction of Benefits. Reduction of benefits and/or contributions to all plans, where required, shal I be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. 87. Cost -of -Living Adiustments. Pagel 7 of 26 The limitations as stated in subsections 1, 2-, and 3—,arA-6 herein shall be adjusted to the time payment of a benefit begins in accordance with any cost -of -living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the Code. 98. Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retiree who becomes a Member of the System and who has not previously participated in such System, on or after January 1, 1980, shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of - living increases or adjustments. B. No Member of the System shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. SECTION 46 15. DISTRIBUTION OF BENEFITS. Notwithstanding any other provision of this System to the contrary, a form of retirement income payable from this System after the Effective Date of this ordinance, shall satisfy the following conditions: If the retirement income is payable before the Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the later of the calendar year in which the Member attains age 70-1/2, or the calendar year in which Member retires, B. The distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the lifetimes of the Member and Spouse, issue or dependent, or b), shall be paid over the period extending not beyond the life expect- ancy of the Member and Spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest in the System has been distributed, the remaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. If the Member's death occurs before the distribution of his interest in the System has commenced, Members entire interest in the System shall be distributed within five (5) years of Members death, unless it is to be distributed in accordance with the following rules: A. The Members remaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent; and Page 18 of 26 C. Such distribution begins within one year of the Member's death unless the Member's Spouse shall receive the remaining interest in which case the distribution need not begin before the date on which the Member would have attained age 70-112 and if the Spouse dies before the distribution to the Spouse begins, this Section shall be applied as if the Spouse were the Member. SECTION 4-7 16. MISCELLANEOUS PROVISIONS. Interest of Members in System. At no time prior to the satisfaction of all liabilities under the System with respect to Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Accrued Benefits. No amendment or ordinance shall be adopted by the City Council of the City of Okeechobee which shall have the effect of reducing the then vested accrued benefits of Members or a Members Beneficiaries. 3. Qualification of System. It is intended that the System will constitute a qualified pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain the System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures. Forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions. SECTION 4-8 17. REPEAL OR TERMINATION OF SYSTEM. This ordinance establishing the System and Fund, and subsequent ordinances pertaining to said System and Fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance shall be amended or repealed in its application to any person benefiting hereunder, the amount of benefits which at the time of any such alteration, amendment, or repeal shall have accrued to the Member or Beneficiary shal I not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this ordinance shall be repealed, or if contributions to the System are discontinued, the Board shall continue to administer the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, or if contributions to the System are discontinued, there shall be full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. Page 19 of 26 3. The following shall be the order of priority for purposes of allocating the assets of the System as of the date of repeal of this ordinance, or if contribu- tions to the System are discontinued with the date of such discontinuation being determined by the Board. A. Apportionment shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or disabled (but since deceased), Member and each Member who has, by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining after the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such date who is vested and who is not entitled to an apportionment under paragraph A, in the amount required to provide the Actuarial Equivalent, of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who has not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial Equivalent of the vested portion of the accrued normal retirement benefit, (but not less than Accumulated Contributions) provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value after the apportionments under paragraphs A and B, apportionment shall be made in respect of each Member in the service of the City on such date who is not entitled to an apportionment under paragraphs A and B in the amount equal to Members Accumulated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. If there be any asset value remaining after the apportionments under paragraphs A, B, and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the Actuarial Equivalent of the non -vested portion of the accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Compensation as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. E. In the event that there be asset value remaining after the full apportionment specified in paragraphs A, B, C, and D, such excess shall be returned to the City. The allocation of the Fund provided for in this Subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide the benefits determined in accordance with this Subsection. The Fund may be distributed in one sum to the persons entitled Page 20 of 26 to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary notwithstanding, City contributions which may be used for the benefit of any one of the twenty-five (25) highest paid Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Members normal retirement date would exceed $1,500, shall not exceed the greater of either a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenty percent (20%) of such Member'saverage annual earnings during his lastfive (5) years of service by the number of years of service since the effective date. In the event that it shall hereafter be determined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the Code, this paragraph shall be ineffective without the necessity of further amendment of this ordinance. 4. After al I the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shall any remaining funds revert to the general fund of the City. SECT10N 49 18. EXEMPTION FROM EXECUTION, NON -ASSIGNABILITY. Except as otherwise provided by law, the pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. SECTION 2019. PENSION VALIDITY. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayments shall be corrected and paid or repaid in a reasonable manner determined by the Board. SECTION -21- 20. FORFEITURE OF PENSION. Any Member who is convicted of the following offenses committed prior to retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions, but without interest, as of the date of termination. Specified offenses are as follows: A. The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or Page 21 of 26 employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Florida Statutes. E. The committing of an impeachable offense. F. The commiffing of any felony by a public officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or aftempts to obtain a profit, gain, or advantage for himself or for some other person through the use or attempted use of the power, rights, privileges, duties or position of his public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a hearing on which notice shall be given to the Member whose benefits are being considered for forfeiture. Said Member shall be afforded the right to have an attorney present. No formal rules of evidence shall apply, but the Member shall be afforded a full opportunity to present his case against forfeiture. 4. Any Member who has received benefits from the System in excess of his Accumulated Contributions after Member's rights were forfeited shall be required to pay back to the Fund the amount of the benefits received in excess of his Accumulated Contributions, but without interest. The Board may implement all legal action necessary to recover such funds. SECTION 22 21. INDEMNIFICATION. To the extent not covered by insurance contracts in force from time to time, the City shall indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals because of acts or circumstances connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to seftle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of thejudgment or claim, from any liability, nor does this Section waive any provision of law affording the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responsible in any manner to defend or pay for claims arising out of acts or omissions of members of the Board which constitute felonies or gross malfeasance or gross mis- Page 22 of 26 feasance in office. SEC71ON 23 22. TRANSFERS WITHIN THE CITY. If a member of any of the City's three retirement systems transfers to either of the other two systems, he must choose one of the following procedures with regard to Credited Service accrued to date of transfer. The Member may take a refund of his Accumulated Contributions, in which event no pension benefit shall be payable based on Credited Service attributable to the period covered. 2. The member may leave his Accumulated Contributions in the fund in which event his Credited Service with both systems shall be combined for purposes of determining eligibility for benefits and for vesting. When the member is eligible to receive a benefit, he shall receive benefits from both systems, which shall consist of accrued benefits under each system based on the provisions of the respective system and the earnings and Credited Service under that system. SECMN 24 23. MILITARY SERVICE PRIOR TO EMPLOYMENT. The years or fractional parts of years that a General Employee serves or has served on active duty in the active military service of the Armed Forces of the United States, or the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City shall be added to his years of Credited Service provided that: The Member contributes to the Fund the sum that he would have contributed had he been a member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. The request 9WI be fnede enly onee and rnede by the Member on or befefe sox (6) menths from the dete of has employment with the GKy7 Multiple requests to purchase Credited Service pursuant to this Section may be made at any time prior to Retirement. 3. Payment by the Member of the required amount shall be made within six (6) months of his request for credit, but not later than the retirement date, and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this Section shall be four (4) years. 5. Credited Service purchased pursuant to this section shall not count toward vesting. SE9DON 2S 2AL DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTIRIBUTION!�.- 1. Rollover Distributions. A. General. This Section applies to distributions made on or after January 1, 1993 2002. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover Page 23 of 26 distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. 2- B. Definitions. A- 1 Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code, and the portion of any distribution that is not includible in gross income. Any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in section 408(a), to an individual retirement annuity described in section 408(b) or to a gualified defined contribution plan described in section 401 (a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the pprtion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, an eligible deferred corrigensation plan described in section 457(b) of the Code which is maintained by an eligible empipyer described in section 457(e)(1)(A) of the Code and which aarees to separately account for amounts transferred into such plan from this plan, an annuity contract described in section 403(b) of the Code, or a qualified trust described in section 401 (a) of the Code, that accepts the distributee's eligible rollover distribution. I lowever, This definition shall also apply in the case of an eligible rollover distribution to the surviving Spouse, an eligible retirementpian 9 an reterement seeount or *nd"vidus' reterement Distributee: A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. f 41 Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 2. Rollovers or Transfers into the Fund. On or after January 1. 2002. the Svstem will acceDt. sole1v for the DurDose of purcha§ing Credited Service as provided herein, l2ermissible Member requested transfers of funds from other retirement or pgnsion plans, Member rollover cash contributions and/or direct cash rollovers of distributions made on or after January 1. 2002. as follows: A. Transfers and Direct Rollovers or Member -Rollover Contributions Page 24 of 26 0 from Other Plans. The System will accept either a direct rollover of an eligible rollover distribution or a Member contribution of an eligible rollover distribution from a qualified plan described in section 401fAj or 403(a) of the Code, from an annuity contract described in section 403(b) of the Code or from an eligible plan under section 457(b) of the Code which is maintained �y a state, pplitical subdivision of a state, or any agengy or instrumentalily of a state or political subdivision of a state. The System will also accept legally permissible Member reguested transfers of funds from other retirement or pension plans. individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income. SECTION 26 25. REEMPLOYMENT AFTER RETIREMENT Any Retiree who is receiving a normal or early retirement benefit from the System and who is subsequently reemployed by either the City of Okeechobee or the Okeechobee Utility Authority shall elect to: Unless otherwise prohibited by law, continue to receive his retirement benefit, but in such event he shal I neither accrue additional Credited Service nor be eligible for any other benefit under the System, except for the retirement benefit he continues to receive, or; 2. Discontinue his retirement benefit and begin to accrue additional Credited Service and be eligible for all other benefits under the System. SEC-710N 27- 26. ADOPTION OF PLAN BY THE OKEECHOBEE UTILITY AUTHORITY Effective September 29,1995, the Okeechobee Utility Authority shall adoptthis City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, by Resolution, to provide benefits to full time employees of the Okeechobee Utility Authority. For purposes of determining benefits under this system, employment by the Okeechobee Utility Authority shall be treated in the same manner as, and have the same effect as, employment by the City of Okeechobee, and there shall be no lapse in plan membership or Credited Service due to transfers of employment between the Okeechobee Utility Authority and the City of Okeechobee. Where reference is made elsewhere in this document to "the City," such reference shall be deemed to include the Okeechobee Utility Authority, unless clearly indicated otherwise by context. SECII N 27. PRIOR GQVERNMENT SERVICE. Unless otherwise prohibited Dy law, the y@ars or fractional parts of years that a general emplL:)yee who was previously a member, but who terminated employment and is not otherwise entitled to credited service for such previous period of employment as a general employee, or the years or fractional parts of years that a member previously served as an emplL:)yee for any governmental agengy in the United States, including but not limited to federal, state or local government service, and for which he does not otherwise Qualilf for and receive credit under this system, shall be added to his years of credited service provided that: The Member contributes to the Fund the sum that he would have contributed had he been a member of the Sy�tem for the years or fractional parts of years for which he is reguesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus Page 25 of 26 payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple reguests to purchase Credited Service pursuant to this Section mgy be made at any time prior to Retirement. 3. Payment by the member of the reguired amount shall be made within six n months of his or her reguest for credit, but, in any event, prior to Retirement, and shall be made in one lump sum payment ul2on receil2t of which Credited Service shall be given. There shall be no maximum purchase of Credited Service pursuant to this Section and Credited Service purchased shall count for all pu[poses including vesting. 5. In no event, however, may Credited Service be purchased pursuant to this Section for prior service with any other governmental agengy, if such prior service forms or will form the basis of a retirement benefit or pension from another retirement system or Dian as set forth in Section 14, subsection 8. B. Page 26 of 26 EXHIBIT 4 — JUNE 17 AGENDA To: Mayor, Council Members, and City Attorney From: Lane Gamiotea, City Clerk VV Subject: Street/Alley Closing Application No. 69 Date: June 10, 2003 Please find attached Alley/Street Closing Application No. 69 submitted by the Board of County Commissioners, Okeechobee County, Florida. The request is to close that portion of Northwest 3rd Street, between 6,hand 7' Avenues, and the alleyways in Blocks 128 and 135, Okeechobee Subdivision. Item To Note: (1) Okeechobee Utility Authority will require an easement within the right-of-way of Northwest 3rd Street. (2) Clause that the ordinance is null and void should the project not develop as request by the City Engineer. Should Council wish to move forward with the application, a motion to instruct the City Attorney to draft an ordinance for first reading and present it at the July 15, 2003 meeting would be in order. Thank you. CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAMIE: Bill Royce, County Planner ADDRESS: 409 NW -5th Avenue Ckeechobee, FL 34972 TELEPHONE: 763-5548 FAX: FAX (863) 763-1686 MEETING: REGULAR ?4 SPECIAL 0 WORKSHOP 0 DATE: June 17, 2003 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Considerwwaiving the application fees ($25.00 and $170.00) for Street and Alley Closim Application No. 69 submitted by Bill Royce on behalf of the Board of 0ounty Comnssioners PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: City Clerk's Office PVE,ASE STATE DESIRED ACTION BY THE CITY COUNCIL: t18n to approve the fee waiver. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: 'Ihe COUntY, Contractors Association and Cmnunities in Schools are nx)ving forward with the leen Genter and Skateboard Park. 'flus County owned urbPerty is the site. in order to adioin the z i)iocks tney are requesting to ciose the street and aliev's. 1his Drocess reouires a $25-00 aftr tee and WU.W tee tor own tt-k-- cost of legal dds and certified motices to the surrounding property owners. IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: Bill Royce, via phone DATE: 6/9/03 if. it! 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F1 _I L FT-1 G - tF 7L I Is, 0 logo IMMUNE 1111M III I I c; I i UO; P!F I RIM111111-1-1-1-2,11111 SRI 111111 H1211 Nuz-it RUN CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: APPLICATION NO. -]FW9 I ME F:�AP PLICANT!,"'A Board of County Commissioners, Okeechobee County, Florida �nNM' hill A` I L GAb"615kiw" �1, nd 304 NW 2 Street, Room 106 W T`4 E�,Zl, Okeechobee, Florida 34972 F, E (863)763 -6441 or (863) 763-5548 NIA ko 'MAILI S, 0 -NiM 63 0 Vl! itmorei an:1w N OT 0"Pagai iN' ropertywowileii l�P "w- w o6fiall'ahUl 4 y owner ddeMno ,propp ilgjhelr�'6 6h6ent MUST�Ie,'akfaq`j A j W UK M 'Y' 01 "1661HO the'C17 OF OKEECHOBEE io* MRSTAuDITION Or, cay.,W, LF-GA DPESC 0TV ow 'RIP, E H tE:I'ubdlViiglb�'iitWriihir�.bii fes SIMPle Interest fri6vh thekinifla V. %*t Etl Oft m oil dulb �ith35soUSNWi.,44iS,Ok*@,Pt.134974;7B34154.-�r All that portion of NW 3rd Street, f/k/a Ninth Street, lying between Blocks 128 and 135, and between Seminole Street and Okeechobee Avenue, OKEECHOBEE subdivision,as recorded in Plat Book 5. Paae 5. Okeechobee. FL. also all allevways in said Blocks 128 and 135. :PURPOSE 01:�-CLOMNO.1 -tT ETIALL Existing and future county recreational facilities. SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoing instrument was acknowledged before me this IM0 by William Royce, who is personally known to me. (dite) oyn(�-/Uf),nNotary Public, Commission No&-Ck1)p10 (sig ature) _(Name of Notary typed, printed or stamped) Susan Lynn Pilgrim MYCOMMSMN# CC950108 EMES )une 2� 2004 BOWED THRU TROY FAIN INSURANCE INC P.Ir '�R i I �7 1 1� M OWNRIS" '"eiiihi6two'p, 461hr' J510 It RMEN I n;6 t r idd a so.. I n ?v` X 111M.WPO 36 13 11CCX 99 pAcz 715 E)MCUTOVS DEED This Deed made this . 6th day c' February, 1967, between' qOHN W. MCGARRY aiid ATLANTIC NATIONAL BANK OF WEST PALM . BEACH, TLORIDA, a National Banking Corporation, as Executors Of the Will :Of Joe Bongiovanni, deceased, and -not -individually, as Grantors-, iand OKEECHOBEE COUNTY, a political subdivision of the State of :Florida, Okeechobee, Florida, aa,Grantee. W I T N E S S E T H: That the Grantors by virtue of the power and the authority 11to them given in an6 by said 7,' ast Will and Testament of Joe ;�Bongiovanni, Deceased, and in consideration of the a of. um ,412,000.00 paid by the Grantee, the receipt whe . re . of is hereby 1:acknowledged,,have granted, bargained, sold, conveyed and'confirrnec �and by these presents do grant, bargain, sell, convey and confirm 1,'.nto the Grantee, its successors and assigns, forever, 'the I'following described land' situate, lying.and being in the County of Okeechobee, State of Florida, to -wit. Lots I to'12 inclusive of Block 128 and Lots i to 12 1 inclusive of Block lis, OKEECHOBEE� according to the plat thereof recorded in Plat Book 2, page 17, public records Of St. Lucie County, Florida. iitogether with all and singular the tenements, hereditaments and' i,appurtenances thereto belonging or in anywize. appertaining; and the reversion and reversions.and remainder and remainders, rents, ,issues and profits thereof: and also all' the estate,lrigh' t, title, 4nterest, Property, possession, -claim and demand*wha . tsoever' both in ��law and equity which the Testator had in his lifetime, and at the :,time of his deceased, and which the Grantors have by virtue' of the ,said Last Will and Testament, or otherwise, of, in and to the above ,granted premises, and every part and,parcel thereof, with the '!appurtenances. INDEXED &'VERIFIED 1):RE^T INDIRECT :j BVGX' .99 ME 716 TO HAVE AND. TO HOLD all and singular the above granted -premlses together with the appurtenances and every,part thereof L�to the grantee, his heirs and asiigns forever. 11 IN Wl'n;ESS WHEREOF, the Grantors ha-,.. her eto set their hands' if and seals the day and year first above written. sealed and delive red n resence oft 1'j the Ila, ;--2, z .�hn W. McGarry, ATLANTIC NATIONAL. BANX OF WEST ............ PALM AEACH, FLORIDA i.(Co'ej)oratc Seal) B Ilresident C..hier An Executors of the Will of Joe Bongiovanni,'dec'eased. TATE OF FLORIDA COUNTY OF. PILLM BEACH 1, an officer authorized to take acknowledgments according to the lawn of.the State of Florida, duly qualified and acting, ereby certify - that John W. McGarr7, to be personally known..this ,day acknowledged before me that he ex I ecuted the foregoing Deed as one of th I e exec6tors of the Will of Joe Bongic;vanni, deceased; 1 2, nd I furth,,r certify that I know said person making' aid ackn W_ . 8 o ;edgment to be one of the indiv;.duals described in and who executed baid Deed. IN �ITNESS WREREOF,'I.have hereunto set my hand and official 11 seal at West Palm Beach, L said County and State, this I/ Z/- day f -,�: /6- z, A. D ��:bli.'� ary My Commission expires.: tMbwy ruhlie. Slat, of neads at U,co 1.1-0 Ummim.a. E�6,es AV;j� 15. 1969 and.4 by jea.�rwe-a 1n%.rAA4& Bccx qt,-'?Au 717 STATE OF FLORIDA COUNTY OF PALM BEACH an officer authorized to take acknowledgments according to the laws of the State of Florida, duly qualified and acting, hereby certify that John N. Morris if as Vice President of Atlantic National Bank of West Palm'Beacb, Florida, a natic;lal banking association, ttn me personally known, �has day acknowledged befo�:e me 't�at. he executed the' 'foregoing Deed as auch officer of said corporation a's one of the executors of the' Will Of Joe Bongiovanni, deceased, and that he affixed thereto 'the.. I Official scal,of said corporation: and I further'certify that I know said person making said acknowledgment to be one of the �ndividuals described in and who executed the said Deed. IN WITNESS WHEREOF, 1have hereunto Bet my hand and offic'ial 4eal at West Palm Beach, Baid'Caunty and Sta te, this 6th d ay 6f February A. D. 196.7 .. ........ t......... Notary Public ;Sial My Cormnission expires: Not U.nd.d W 'A iq -7- ELT A, A 10 "313 wio,, OT02010 F 001110-died Signature Typed Name & Title Phone No. Date S-�A, -I Y-1 13 /)4, Z&;,� C tUvv�(),te E�jw-te;,t S&3tjr.Z.zj4F 'I-t4-dj Authorized Signature Typed Name & Title Phone No. Date Authorized Typed Name & Title" Phone No. Date O"A- If," * wW4— t-"rIje -1 "J 144 A 1 0 + %16 cIt r I L- R A �� (.3 C 3 *ILj - 4. �� 7L Vks na A—jo W !��" 14A.L,*,j C��- L,,4, Tn fx. D;-,, 76 3 �I 1�6 Authorized Signatur6 Typed Name &Title Phone No. Date Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: Authorized Signature Typed Name &Tide Phone No. Date FtavlsedSMIM LPJL Uuz/u(jj FACE 189 QUXT-CLAXM DEED THIS QUIT-CLAZI4 DEIM, 25 *ea-� ZXGC,t,d this day 09 a-vrw--.Vy lc'Y R HahirLck and Annie B Hamrick, 'his wife fir" party, TO: The Board of County Commissioners whoze postoffit;e addCass is Of Okeechobee Colil.mtk Okeechobee, Florida Second party: WITSMSETH, That the uqid first pazty. for and in consider.ation <)f thc' zum Of $ 1-00 , in hand-paia by the aai4 recetpt whereof is hereby second party, the and quit-:1aLffl �nto acknowledged, does hareby z8fal5e, release the said second Party forever, all the right.,' titlC, interest, claim And dcmand uhich the said fLrst par and to �hc fallowing dczcxibt.-d lot ty hiks to PLece or parcel of land, 2Ltu'at,e. lYincj and boing In the county at 8keechobee Statc of ZlOrIdak to-Wi tz That part of Kinth Street lying between Blocks 128 and 135, and between Seminole Streat and Okeechobee Avenue according to the Plat Of Okeechobee. recorded ift Plat Book 2, page 17, public nicorlds Of St. Lucie Camnty, Florida. ALSO! All alleywaya in said alocka 128 and 135. 70 HAVE A" TO HOLD the samic together with all, and 5ingul&r th aPPurt-in"cl-3 thr-rclunto bulonging or in , anywinu appqrtaininq, and all the estato, rIght, titic intureat, lien. Qquity d1k13 �Im. wwax- .^oovcr of th- 3aid first party, Qithur in law or equity, to tjTo on,3r PxQPQr usc, b(jncfit and bL-hoof of thc- said Q0con4 party for4�vor. . IN WITNESS wHEREop, Th,� said first Party hAs sign�-Nd and saaiiacl t;bk--3cj PvQsr-nas rh, day aLn4 ycar first above writtLn. SIgncd. z)rZalud And dcl!vQrod in jo:�, k R r Ham rAL) AMnle B Hamrick —(Sx1Z1) STATE OF rLORIDA COUNTY OF oja�r.:CHOBEZ I HEREBY CERTIFY that on thL2 day, b� CfOrO Me, an of fiCcr duly authcrkz,d in the $tat4 OfOrchaid and in thL COUnty aforcaaj4 to tAXC ac%nowX;ar1cjmuntg4, 04.r-,onAlly %pp�:.arcd R. E. Hamrick �nd Annie B. MamricX, hio wife, to J-2 %nowri to bc- the PLrrbons described in brLd who c:cecutcd the forcgoing instrumQnt L%nd thuy acknow1cagwa be:eort, mo that they —c"tcd thu sam-4. , . I . WITNESSiniV hand and otticial soal in tho County and state last '...bfOr4said th s �F day of 'Teftrazv. A. D. 1967.- Norary Public �.-irqjU% vV+,tjC sTAir qj rLORIDA .- tt-R�' co?"(010 W"Mr-, AUG, ly, 1007 s. o,nTKW*PPrr INOEXED & VERIFIED 0 1 A C'CT I - �.� A 0 , r Page 3 PPLICATI.ON 9 INSTRUCTIONS". TAttii, PA4"i'llffil"" applicant Rbtdin� 6hikii661161,65K :then p h is �aid. THE CLERK't 000469 ILL� HAVE, THr:,F6E6iMN G'D E BELOW:: Sae atta(±� mmn. TAb dD Mt cbject to the alley & Street cicsing as relater. PUB to this ixoject. Haever, ie are re4nsting a stiWiaticia be adtmssed in tte DEP -e ordfiwm is miU & vAd. ordkerce that if the prcoect does mt &Nelcp, t) Authorized Signature Date P=thorl-ze Date Trmip fich-rqhm- 14iblir W-rim r1irpr+nr Typed Nam* & Title Nb cbjecticris cr canmts POLICE DEPARTMENT csmr BEMrIP7. (--.ity riser Typed Name & Title Aufhodzed Signature Date TamW Vaulerem, Typed Name & Title FIRE DEPARTMENT! Feith 2M. Fire C-MPF Typed Name & Title Authorized Signature Bill Vmch, City Addnistrabor Typed Name & Title 64An Date Date APPLICATION APPROVED BY: V)a, � 0 11old 3 LANE GAWOEA, CITY CLERK DATE Revised 413103-LG Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: June 10, 2003 e Re: Alley and Street RAV Closing application for County Recreational Facilities. The Engineering Department has visited the site and found that drainage problems exist near the requested abandon subject City of Okeechobee Alley and Street Right -way. We should be aware of the critical drainage problems on City of Okeechobee especially on this area near S.R. 70, however the Engineering Office will recommend to approving the request for the Alley and street right way Closing for the only use of the proposed facilities. 0 cy— cy— Li z —i F— Ln 0 cr- 0 m Li cn 11-111 P41- !pill 1111111 111fill mom WIM oil 111111 - NW 2ND ST NW 3RD ST I '� INN IN 1111 - NW 2ND ST NW 3RD ST I '� INN IN 1111 NW 3RD ST I '� INN IN 1111 i"N 13 38, _V 9'�v I L7' I ol 4c� rT-1 rri. At, al 09 usl oil ion 4 wl em uts 'xil 9 L ci N A-03 64w So lit, `771 4_1 9 TIT, �Av , tc Os, I L�YU 091 9 - �jwqSAIMMI ExHIBIT 5 — JUNE 17 AGENDA TABULATION SHEET for Health Insurance Proposal FIN 03-00-04-03 Vendor/Policy Group Insurance Solutions Florida League of Cities I Insurer Blue Cross Blue Shield Firqt Health Network Point of Service (POS) Gold Plan Employee only $0.00 $424.44 Employee and Spouse $0.00 $917.20 Emp oyee and Child $0.00 $766.401 Employee 4nd Family $0.00 $1259.111 Point of Service (POS) Silver Plan Employee only $0.00 $387.22 Employee and Spouse $0.00 $836.76 Employee and Child $0.00 $699.19 Employee and Family 1 $0.00 1 $1148.751 Point of Service (POS) Bronze Plan Employee only $0.00 $356.95 Employee and Spouse $0.00 $771.36 mp oye and Child $0.00 $644.54 Employee and Family 1 $0.00 1 $1058.951 Health Maintenance Organization Option Blue Care (HMO) Employee only $347.46 $0.00 Employee and Spouse $750.85 $0.00 Emp oye and Child $627.40 $0.0 Employee and Family 1 $1030.79 1 $0.001 5/294003 Blu so BlueShield OrIVrda & W - JAMES j1RK CITY or OKRZCHOBLE 55 SIL 310 AVZ OXZECIKOBEE, FL 34"4-2903 Dar JAMES KM: 770 Northpoint Parkway, Suits 200 West Palm Boa, FL 33407 Anniversary Date. 8/1/2003 Group Number: 90206 Product: BlacCars NFQ LG Grp Plan 4 w/BlusCan Rx M5/30C Think you for being pwt of the one million plus Florida residents covered elther by Blue Cross and Blue Shield of Floxida, Inc. or Health Opdonfi, Inc. Welook forward to continuing to provide your businame with quallif health care coveraSt We have reviewed the 6MO dim affect the oost of your group health beegfits program 7U ttew group rates noted on the enclosed docinnorm am subject to Florida Depsiftent of Insurance approval mod otir policyholders will not be billed for thmas isrormed rates until the Florida Deammaitif nf Insurance hia i4sa mw—val- Employee Only zmnmnff� mmo 347.46 627AO 1030.79 ne rates Assum that )mr Imp dew isof qualify as a Striall Group lkwarding to Section 627.6699, Flori& Statutes. Intheavertthavourm has W or fewer eligible employees, (mmploym,who work 25 hours or mm per vma), please contact our offics izzunedistely, To continus group health banaft and to provide for a 111100th flow of dolm prusidnS far ymr mered mplayoft AW their covered delmdoots without imbrrnittion, plate (1) emplas aid sign an Emvihattlat Swmmry; (2) provide a eapy of your'nian rmnt EsapWyees Quutwly Tax Report JUCT61 or IRS t&X documentation appropriate to your badnm type This my liselude an IRS sekoftle q, 1120, 1120S aid K-1 It, or 1165 nd K-1 Is; then (3) raurn all. of the above Informflon requested In this satka by the ISth of the nionth prior to your renewal date. If you do not return * ahM xdumsead budgm AlUftdEligmeatation n1jar to mm group's anniverlary date, Your eaveMa will -and as of Your mebadulad anghmwitstry datL If you dircids to chamse to another plan design instead of the one shown above, a now True Group Application must be signed and returned 15 dos prior to your anniversary date in order to assure a stmooth transition. Uadar th� Health Jnsurmiee portability and Accountability Act (HIPAA) your gmp is nqWmd to hold an annual open molintent Your group's open entollment period will begin 30 days prior to your anniversary dew. Eligible ernploym and their eligible dependents who have sadsfied thw' waiting Period can now enroll fat coveraga We would like to advise you that we can make Lvailable to you dw following addithmal produm: Dental Voluntary - Life, STD, LTD Short Terrm Disability PreMi= Conversion plan (See. 125) Long Tam Disability Flexible Spending Acmunts (FSAs) Basic Life 401K l'bank you fbr the oppoeTunity to saw you and your employam We value. your empanys business and took forward to working with you in the future. Sincerely, Blue Crow Blue Shield of Florida LINDA C LOWERS Accoant Representative Ce- GROUP INSURANCE SOLUTIONS INC - 0714 561-�474636 561-747-3524 T'd -Gd U131HS 3n18 SS060 3n-a wuot,:6o Eo, oE ajiLmLan Florida Municipal Insurance Trust Major Plari Benefit In Nietwork Ne or -4� Calendar Year Deductible: Individual 0 $500 Family 0 $1,500 Maximum Out of Pocket: Individual $2,000 $3,000 Family $4,000 $6,000 Lifetime Maximum $1,000,000 $1,000,000 Hospitat'Services Inpatient $100.00 Co -Pay per Day for $500.00 Co -Pay, then 50% of Services days 1-5, then 70 % reasonable charges of covered expenses after deductible Outpatient $100.00 Co -Pay, then 70% $100.00 Co -Pay, then 50% of Services of covered expenses reasonable charges after deductible Emergency Room $100.00 Co -Pay, then 100% $100.00 Co -Pay, then 100% Services of covered expenses of reasonable charges Physician Services Preventative Care $30.00 Co -Pay** Not Covered Routine Services $30.00 Co -Pay** 50% of reasonable charges Well Child Care $30.00 Co -Pay** 50% of reasonable charges Specialty Care $30.00 Co -Pay** 50% of reasonable charges OB/GYN Care $30.00 Co -Pay** 50% of reasonable charges Allergy Injections $30.00 Co -Pay** 50% of reasonable charges Surgical Expense 70% 50% of reasonable charges Maternity Care $30.00 Co -Pay, 50% of reasonable charges 1 st Visit, then 100% **Co -Pay applies to office visit charge only - all other In Network in office services paid at 70% MBF FLC-MS09B REV 1=1 Florida Municipal Insurance Trust Other Health Care Services In Network Out of'Network Prescription Drucis 10.00 Generic Wholesale Price, less 13%, (Express Scri�tiT 20.00 Preferred Brand less In Network Co -Pay 135.00 Non Preferred Brand + Mental & Nervous Disorder • In atient Services $100.00 Co -Pay, $500.00 Co -Pay, then (39 days per calendar year maximum) then 70% 50% of reasonable charges • Outpatient Services $30.00 Co -Pay, 50% of reasonable charges $1,000 calendar year maximum then 100% $50.00 per visit maximum * Alcohol and Drug Dependency , Individual Visit $30.00 Co -Pay 50% of reasonable charges $2,000 lifetime maximum then 70% $35.00 per visit maximum (44 outpatient visits lifetime maximum) * Ho ice Care s�6 70% 50% of reasonable charges month maximum care) $6,000 lifetime maximum * Home Health Care 70% 50% of reasonable charges $1,000 calendar year maximum * Physical Therapy $2,000 calendar year maximum 70% 50% of reasonable charges * Skilled Nursing Facility 70% 50% of reasonable charges (60 days per year maximum) * Chiropractic Services $30.00 Co -Pay, 50% of reasonable charges then 70% $40.00 per visit maximum * Routine X-Rays, Lab Tests, 70% 50% of reasonable charges Diagnostic Services • All surgical procedures over $500.00 must be pre -authorized. Failure to obtain a pre -authorization will result in a denial of benefits. • All emergency and non-erfiergency hospital stays must be pre -certified. Failure to obtain pre -certification will result in a 20% penalty. • All Out of Network Benefits are covered at 50% of reasonable and customary charges, after the calendar year deductible has been met. • All deductibles do not apply toward the annual maximum out of pocket expenses. -1, Co -Pays do not apply to the annual maximum out of pocket expenses. • The hospital Co -Pay for Out of Network confinement due to an emergency does not apply. • All charges exceeding reasonable charges are patient responsibility. (This is intended as a Summary of Benefits and does not include all of the benefits, limitations, and exclusions of the plan. Complete terms of the plan are contained in the Master Plan of Benefits.) MBF FLC-MS098 REV 10/01 .0-- EXHIBIT 6 — JUNE 17 AGENDA LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 - Fox 239-334-6384 V E-mail: larue-plannlng@att.net June 6, 2003 Mr. William Veach, City Administrator City of Okeechobee 55 SE 3d Avenue Okeechobee, FL 34974 Reference: Planning and Zoning Services Dear Mr. Veach: LaRue Planning & Management Services, Inc. has been providing planning and zoning services to the City of Okeechobee since February 1996 and your satisfaction is very important to us. In order to continue to provide the high -quality level of service the City has come to expect, we find it necessary to raise our planning charges due to increased overhead and monthly work load levels. We are estimating that we are currently providing close to forty hours of service to the City each month. Our monthly not - to -exceed rate would be approximately Three thousand five hundred dollars ($3,500.00), effective at the start of the next fiscal year, October 1, 2003. In addition to attendance at one City Council meeting and the monthly Planning Board/Board of Adjustment meeting, we will continue to provide services on an as needed basis. These services include responding to inquiries from citizens and review of applications for special exceptions, variances, rezonings, Comprehensive Plan amendments, site plan review, and preparation of corresponding staff reports and Ordinances, when required. Additionally, the Technical Review Committee has now set meetings twice per month that we could be required to attend. However, we do understand that if there are no Site Plan Review cases to be presented, we will not be required to attend the meeting. Thank you flor. your undcrstanding in *,.his ma-tter. We fbe"L 111-hat this increase in car charges will still allow us to continue to provide the professional services the City has come to expect. Please let us know immediately if there is any way we can serve you better. Please indicate the City's acceptance of our increase in fees effective October 1, 2003, by signature below. Sincerely, James G. LaRue, AICP City of Okeechobee 10 JGL:bc Date: RESOLUTION NO. 03-6 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE FILING OF A PETITION IN CONDEMNATION; APPROVING A DECLARATION OF TAKING; APPROVING GOOD FAITH ESTIMATE OFVALUE FOR THE APPROPRIATION; APPROVING LEGAL DESCRIPTION OF PARCEL TO BE APPROPRIATED; AUTHORIZING EXECUTION THEREOF BY CITY ATTORNEY FOR CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS pursuant to the provisions of Florida Statutes chapters 73 and 74, as amended, the City of Okeechobee, Florida has the authority to locate and designate certain transportation facilities and improvements as a part of the municipal street and right of way system, and to construct and maintain with sums which are now, or which may become available to the City; and WHEREAS pursuant to Florida statutes section 73.021 the City of Okeechobee, Florida has the authority to have its chief administrative officer, the Mayor, to execute eminent domain resolutions, and to delegate authority to pursue same in the name of the city attorney; and WHEREAS the property to be acquired is located within the municipal boundaries of the City of Okeechobee, Florida; and WHEREASthe chief administrative officerof the City of Okeechobee, Florida is the mayor, Jim Kirk; and WHEREAS the City has caused an appraisal of the property to be acquired to be prepared, which appraisal sets forth a good faith estimate of the value of the parcel, which appraisal is attached hereto and by reference made a part hereof; and WHEREAS it is the finding of the City of Okeechobee, Florida that the appropriation of fee simple title to the property and property rights as described in the legal description of same, copies of which descriptions are attached hereto and by reference made a part hereof, is necessary, to the extent of the estate or interests set forth in the respective parcel descriptions, for the performance of the duties of the City, and for the construction, reconstruction and maintenance of said municipal transportation facility. WHEREAS the city attorney has caused to be prepared a declaration of taking of said parcel to file with the petition for condemnation, which declaration is attached hereto and made a part hereof; and NOW, THEREFORE BE IT RESOLVED by the City of Okeechobee, Florida, that said property descriptions are ratified and confirmed; that the estimated good faith value of the parcels to be acquired is ratified and confirmed; and that the city attorney is authorized to file with the petition the declaration of taking, and to proceed under the additional remedies of chapter 74, Florida Statutes; and BE IT FURTHER resolved by the City of Okeechobee, Florida that the acquisition of the parcels and property rights thereto as described in said parcel description is necessary for the performance of its rights and duties under Florida law for the construction, reconstruction and maintenance of said transportation facility for the use of the general public, and that the City is hereby authorized to acquire fee simple title to same by gift, purchase or condemnation as provided by law. Page 1 of 2 THAT THIS resolution shall become effective immediately upon its adoption by the City Council for the City of Okeechobee, Florida and appropriate execution thereof. INTRODUCED AND ADOPTED this 17 day of June, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor N. E. 9TH ST. \/1 I T E C A I —LR 0 D EXA CC Cn C1 IN THE CIRCUIT COURT, IN AND FOR THE NINETEENTH JUDICIAL CIRCUIT OKEECHOBEE COUNTY, FLORIDA. CASE NO. CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the state of Florida, PETITIONER vs. WILLIAM H. MASON, a single man, RESPONDENT. DECLARATION OF TAKING THE PETITIONER, availing itself of the provisions of Chapter 74, Florida statutes, to take possession and title in advance of the entry of Final Judgment, and having filed a lawsuit in eminent domain for the purpose of condemning lands and other property necessary for the purpose of securing rights of way, drainage ditches, drainage easements, construction easements and service roads for a transportation facility as set forth in the petition filed in these proceedings, hereby declares: 1. That the property sought to be appropriated in these proceedings is to be taken for the uses set forth in the petition. (561)-791-9280 RE-P—A-A—ED F�OW---c [-T-Y-- OF —OKEEC—HOBE--E CEHTIFICATE NO: LB3110 CAD LIBRARY: 0986ATAY I I SHEET 2 OF 2 DESCRIPTION: A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS BOOK 3a5, PAGE 962, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF NORTHEAST 9TH STREET; THENCE NORTH 00008'04" WEST, A DISTANCE OF 70.00 FEET TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 34, OF SAID PLAT OF OKEECHOBEE, SAID POINT ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF SAID NORTHEAST 9TH STREET; THENCE NORTH 8905t'56" EAST ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 203.6 FEET, MORE OR LESS, TO THE APPROXIMATE WESTERN SHORELINE OF THE ONOSHOHATCHEE RIVER (TAYLOR CREEK); THENCE SOUTHERLY, MEANDERING SAID APPROXIMATE WESTERN SHORELINE, A DISTANCE OF 71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH RIGHT OF WAY LINE OF SAID NORTHEAST 9TH STEET; THENCE SOUTH 89051'56" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF 200.3 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA CONTAINING 14,288 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS -OF -WAY. EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE SOUTH RIGHT OF WAY LINE OF NORTHEAST 9TH STREET. (ASSUMED TO BEAR NORTH 89'51'56" EAST) LEGEND O.C.P.R. OKEECHOBEE COUNTY PUBLIC RECORDS P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT SO. FT. SQUARE FEET I ViTZ-07P SKETCH OF DESCRIPTION THIS IS NOT A SURVEY PORTION OF SECTION 15-37-35 OKEECHOBEE PLAT BOOK 5, PAGE 5 OKEECHOBEE COUNTY, FLORIDA CPAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS -PLANNERS -SURVEYORS CJOCE� III ROYAL PALI BEACH BLVD. YAL PALM BEACH, FLORIDA 33411 (560-791-9PBO CERTIFICATE NO: LB3liO SKETCH & DESCRIPTION R LDK � I 1 111 li 7i '', ( i ]l / �A �RDK 0" 'o T IPG REVISION N4DA TEFFOPG CKD DWN NE 9TH AVENUE EXTENSION ADDITIONAL RIGHT OF WAY :IREPARED FOR: CITY OF OKEECHOBEE CAD LIBRARY: 0986ATAY _ SHEET i OF 2 --01 EASEMENT DESCRIPTION EXHIBIT mAw PAGE I OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORE) 385, PAGE 962 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. SAID POR71ON OF LAND LIES WITHIN SECTION 15. TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK 51, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 5. PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. THENCE PROCEED NORTH 89*56'33" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 51, AND CROSSING A POR11ON OF THESE LANDS DESCRIBED AS "PARCEL 2* AND PARCEL ",3. PLAT NO. 2 TAYLOR CREEK WATERSHED, ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 3. PAGE 26 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 200.3 FEET, MORE OR LESS TO THE m"'PROXIMATE WESTERN SHORELINE OF TAYLOR CREEK (AS CALLM FOR IN THE AFORESAID ORB 385, PAGE -962); THENCE SOUTHERLY, MEANDERING ALONG SAID WESTERL'� SHORELINE, A DISTANCE OF 232.33 FEET, MORE OR LESS TO THE INTERSECTION NTH THE NORTH RIGHT-OF-WAY LINE OF THE SEABOARD AIR LINE RAILROAD AS SHOWN ON THE AFORESAID PLAT NO. 2 TAYLOR CREEK WATERSHED; THENCE, DEPARTING SAID WESTERLY SHORELINE. RUN SOUTH 89*57'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 176.72 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE AFORESAID 'PARCEL 2"; THENCE NORTH 00*02'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE EAST LINE OF THE AFORESAID BLOCK 51, A DISTANCE OF 231.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 43.720 SQUARE FEET, MORE OR LESS. PROJECT SPECIFIC NOTES/LEGEND: 1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF BLOCK 51, OKEECHOBEE, TAKEN TO BEAR NORTH 00*02'47" WEST PER *PLAT NO. 2 TAYLOR CREEK WATERSHED". 3) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS -OF -WAY OR ABANDONMENTS. 4) REPRODUCTIONS OF THIS DRAWING ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. 5) NE NORTHEAST 6) ± MORE OR LESS. 7) (CAS) = MEASURE PER SKETCH AND LEGAL DESCRIPTION PREPARED BY CRAIG A. SMITH & ASSOCIATES. 2 SHEETS, NO DATE, NO DRAWING NUMBER. 8) (C) = CALCULATED. 9) S.A.LR.R. = SEABOARD AIR LINE RAILROAD. 10) R/W = RIGHT-OF-WAY. Kenneth A. Breaux Jr. Fl. PSM #4820 SKETCH OF DESCREPTION PREPARED FOR: CITY OF OKEECHOBEE DESCRIPTION SKETCH OF DCSCMPTION DATE By CK EXHIBIT 'A' Page 1 06/04/03 JS JAW DISK: TwPS SCALE: N/A FB/PG: N/A k%FILE: 17328— SKETCH —LAVtXJ T — JOB NO, 17328 TRADEWINDS 1p"424&wm1a Yvm4C441, JT110. Cartincate at Authorization No. 1B 07tG 113 NW 11TH AVENUE Okeechobee, FL 34972 Tel: (941) 763-2887 SKETCH OF EASEMENT GRAPHIC SCALE EXHIBIT wA" 400 a 200 , 400 PAGE 2 OF 2 iz IN FM I inch 50 ft- APPROAMATE SHORELINE POINT OF BEGINNING r NE CORNER BLOCK 51 N 89-56 E 200.30'(CAS) 98.33'(C) 101.97'*(C) S 00-02'47" E (C) —NORTH LINE 1/73.00'±(C) BLOCK 51 C4 cc N 04 :H CL LJ m Clq cc a a (.) 0 X m < C14 CL in N APPROXIMATE WEST EDGE OF CREEK < m CL AS SCALED FROM COUNTY AERIAL PHOTOGRAPH 0 00 <3 a C4 :t S 13-27'55" W (C) 0 ((,,I 100.92'±(C) PARCEL *A" WEST LINE PARCEL 3 PLAT BOCK 3, PAGE 36 \6 21,383± SO. FT. LOT BLOCK 51 PARCEL "B" S 00-02'47" E (C) 22.337± SQ. FT. 6 0. 0 0' (C) 1*' ' 31.09,(C) SW CORNER "PARCEL 2" 86.72' ga.00.±(C) SOUTH LINE PARCEL '3' 'S 89057'13" W 176.72-(C) S. NORTH R/W LINE OF SEABOARD NORTH I A. AIR LINE L. R. R.'�� RAILROAD (PER PLAT BOOK 3 PAGE 36) '_ SKETCH OF DESCRIPTION PREPARED FOR: CITY OF OKEECHOBEE DESCRIPTION SKETCH OF DESCRIPTION DATE BY CK EXHIBIT 'A' Rage 2 06/04/03 is JAW DISK: TWPs SCALE: 1"-50' �_R L E: 17328 JOB NO- 1732a TRADEWINDS 5pr4=..t. aCtAthorizaUan No. L9 6719 113 NW 11TH AVENUE Okeechobee, FL 34972 Tel: (941) 763-2887 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: June 10, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMMSTRATION GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. Fire Station Project — The City Engineer reports that we continue to run somewhat behind the schedule he would like to see, however he still anticipates completion ofthe project this surruner. The firefighters should be occupying the upper (residence) level of the facility by the time you receive this report. Downstairs demolition will begin as soon as the firefighters are relocated. The finance office in City Hall serves as the temporary public access Fire Station office. The project continues to be on budget at this time. Councilman Chandler continues to serve as the City Council's watchful eye on this project by participating in weekly �6construction meetings" in which the Administrator, Engineer, Public Works Director, Fire Chief and Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — At this time, I see no change in status from Tim Gates. Our consultants and I continue to explore alternative business possibilities. Last week, I again met briefly with Leo O'Comer to discuss attracting potential businesses. I will be meeting in Royal Palm. Beach with CAS representatives and Nancy Phillips on Monday, June 16'h, as well. As you know, it is extremely important that we secure a job creator for the project if we are to keep funding in place. Dale Milita continues his efforts in Tallahassee. As I've stated repeatedly, timing and funding remain the greatest obstacles with this project. The NE 9hStreet portion of the project is underway and should be completed within the next few weeks. This is the remainder of the State Appropriation work. Limited work also continues within the confines of the Industrial Park itself. This is being done in conjunction with the Harrison O'Comor contract, approved by the City Council several weeks ago. AMINISTRATION Flagler Parks - You will recall, we applied for $700,000 through CDBG for downtown CONTTNUED redevelopment. Initially, we were turned down. However, due to continued efforts by Nancy Phillips, and the fact that money from other projects became available, it looks very likely that we will receive partial funding for this project ($415,859.00). It is also possible that the remainder of the funding will become available as the project progresses. Staff has engaged a consultant to assist in bringing the City into GASB 34 compliance. FINANCE This work should commence in August. Through April, the City is operating on budget. This is the result of the Department Heads paying close attention to expenditures. However, we continue to see a lag in State payments of tax revenues. In fact, while our expenditures are below budgeted levels, the difference between revenues and expenditures is the smallest amount (less than $12,000) I've seen in my time with the City. Staff has begun budget preparations for FY03/04. INSURANCE Staff has received two proposals in response to our RFP for health insurance. This will I come before the City Council on June 17. PUBLIC WORKS Public Works employees have been and continue to be most helpfill in the Fire Station project. Donnie Robertson and Oscar Bermudez are working on permitting issues with DEP related to the 4h Street Boat Ramp. The ramp has been reopened following minor repairs, however, more extensive repairs are needed. Donnie Robertson is working with the contractor to schedule installation of the guardrail on SW 12" Avenue at SR70. Oscar Bermudez continues to work with various entities of DEP to develop a master drainage plan. Staff met with representatives from Berryman & Henigar to discuss upcoming state and federal mandates related to stormwater. Oscar also continues daily oversight and coordination of the Fire Station project. 2 Ms.— XkA DEPARTMENT CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. 1 . Procurement of the Billy Mason/NE 91h Street right-of-way. A metes and bounds survey has been completed and John is proceeding with condemnation. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, building site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for June 17). 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. City/County Contractor Licensing Agreement — this proposed Language is currently being reviewed by the County Attorney. 7. GRIT issues. 8. Adelphia. Contract. 9. Marvin Brantley's continuing situation. 3 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuft Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year -next preceding the first publication of the attached copy of'advertisement; and affiant further says that she has neither paid nor promised any person i firm or corporation any discount, rebate, commission or refund for the purpose of securing this ady rtisement for publication in the said newspaper. P 7 L-j— Jt_.. Irt, 'j - Swo(n �tnd subscrilld before me this day of A.D. 20 A )flit Notary Public, State of Florida,at iT,rg6,. vA p, r 7 RN 034WO-03, Sealed PR0P0SALfS)j8lD(S) �Wl! be recelvarl hu fh. r - — _. 101, RL'99% "10ASAMI i 7913'- �;�Vl ut; dWeple(l. Facsimile or.; I PROPOSALpd/BID will not be accepted. OpOT) "BID %S) May not be revoked P8 POSAL/BlD Opening. �HEAL INSUPAiCE "FINT131.00-04-03 A Complete Set Of thls pro posaVbid7 May be obtalned from the Finance Department ROOM 102 dudn� nor - Mal office hours, Monday,- dday, 8:00 a.m. to 4:30 p.m.. The City of Okeechobee reserves the-% 11P to accee or re act any or all 'P OPOSALf )/BlD( )withorwith_ out cause, 0 waive any technical errors or informalities, or to accept the 0 most proposal(s)/bid(s deemed advantageous to city. Bill L. WWI); City Administrator City of Okeechobee, FL 378731-ON 5/13/03 hPAjAY 15 Z!303 C�> T9