Fort Walton Beach Council agenda — 01-10-06 Regular — reading text

Resources Director) Council Action 1st 2nd Vote: PH- 4 Agenda Item Number:  9- 21- 05 PROPOSED ORDINANCE AMENDING THE CITY OF FORT WALTON BEACH GENERAL EMPLOYEES' RETIREMENT PLAN pURCHASE OF CREDITED SERVICE) 1 ORDINANCE NO. 1686 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA, RELATING TO THE GENERAL EMPLOYEES' 6 RETIREMENT PLAN; AMENDING SECTION 17- 13 TO 7 PROVIDE FOR A ONE- TIME ELECTION TO PARTICIPATE IN 8 THE PLAN FOR NONMEMBERS; AMENDING SECTION 17- 14 9 TO PROVIDE FOR THE PURCHASE OF SERVICE CREDIT 10 FOR PAST SERVICE WITH THE CITY; AMENDING SECTION 11 17- 23 TO PROVIDE FOR THE DIRECT TRANSFER FROM 12 ELIGffiLE 457 PLAN TO PURCHASE PAST SERVICE; 13 PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL 14 ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 WHEREAS, the City Council of the City of Fort Walton Beach created the General Employees' 18 Retirement Plan in 1966 to provide retirement benefits for participating employees of the City of 19 F ort Walton Beach; and 20 21 WHEREAS, the City Council of the City of Fort Walton Beach hereby determines it advisable 22 and appropriate to amend the General Employees' Retirement Plan to provide a one- time election 23 to participate in the General Employees' Retirement Plan for employees of the City of Fort 24 Walton Beach hired prior to May 14, 1996 who previously elected not to participate; 25 26 WHEREAS, the City Council of the City of Fort Walton Beach hereby determines it advisable 27 and appropriate to amend the General Employees' Retirement Plan to provide for the purchase of 28 credited service by members of the General Employees' Retirement Plan for past service with the 29 City of Fort Walton Beach; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 32 WALTON BEACH, FLORIDA: I 33 34 Section 1. Section 17- 13 of the City of Fort Walton Beach General Employees' 35 Retirement Plan is hereby amended to read as follows: 36 37 Sec. 17- 13. Participation in fund 9 ~ Lf-  1 2 5) Notwithstanding any prOVISIOn to the contrary. any employee who is not a 3 member of the Plan on the effective date of this ordinance due to their personal choice not to loin 4 when membership was offered. may ioin the Plan with an option to purchase credited service 5 to pursuant Sec.17- 14 ( 7) of this Plan. An election to become a Plan member pursuant to this 6 paragraph must be made in writing on or before February 28. 2006. 7 8 Section 2. Section 17- 14 of the City of Fort Walton Beach General Employees' 9 Retirement Plan is hereby amended to read as follows 10 11 Sec. 17- 14. Credited service; military service. 12 13 7) A member may purchase credited service under the Plan. in years and fractional 14 portions of a year UP to four decimal points. for all or a portion of the period of full-time 15 emplovrnent by the City in a position covered by the Plan during which the member did not 16 participate in the Plan. as provided in this subsection. Credited service purchased pursuant to 17 this subsection shall apply for purposes of benefit calculation and retirement eligibility. Such 18 member must pay into the Plan the full actuarial cost of such service as detennined bv the Plan 19 actuary. together with the full cost of any actuarial calculations required. A member may elect to 20 purchase credited service pursuant to this subsection once per plan year. between February 1 and 21 February 28. Pavrnent for the purchase of credited service pursuant to this subsection may be 22 made in lump sum or by a direct transfer or rollover of an eligible rollover distribution from an 23 eligible plan. in accordance with Sec. 17- 23( 6) of the Plan. Pavrnent for the purchase of credited 24 service pursuant to this paragraph may be received no later than ninety ( 90) days after a 25 member' s election to purchase credited service. After the expiration of ninety ( 90) days 26 following a member' s election to purchase credited service. only such service for which pavrnent 27 has been received shall be credited. If no pavrnent has been received within ninety ( 90) days of 28 the member' s election to purchase credited service. said election shall be invalidated. 29 30 Section 3. Section 17- 23 of the City of Fort Walton Beach General Employees' 31 Retirement Plan is hereby amended to read as follows 32 33 Sec. 17-23. Direct transfers of eligible rollover distributions 34 35 6) Rollovers or Transfers into the Fund. On or after the effective date of this 36 ordinance, the fund will accept either a direct rollover of an eligible rollover distribution or a 37 member eeBtribation of aB eligible relleTler distribution direct trustee- to- trustee transfer from an 38 eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision 39 of a state, or any agency or instrumentality of a state or political subdivision of a state, for the to seetion 17 13( 3). 40 purpose of purchasing credited service as authorized under the Plan pl:lfsuant 41 42 Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby 43 repealed. 44 45 SectIon 5. That if any section, subsection, sentence, clause, phrase of this ordinance or 2-  1 Exhibit A, or the particular application thereof shall be held invalid by any court, administrative subsection, sentences, 2 agency, or other body with appropriate jurisdiction, the remaining section, 3 clauses, or phrases under application shall not be affected thereby. 4 5 Section 6. That this Ordinance shall take effect immediately upon approval by Council 6 and signature by the Mayor, except as otherwise specifically provided herein. 7 8 9 ADOPTED: 10 11 MAYOR: 12 13 ATTEST: 14 15 16 17 CITY CLERK 18 19 Reviewed and approved as to fonn: 20 21 22 23 CITY ATTORNEY 24 25 Reviewed and approved as to legal sufficiency: 26 27 28 29 James W. Linn 30 Retirement Attorney 31 32 Note: additions are underlined; deletions are strieken. 33 3-  CITY COUNCIL MEETING Public Hearing - Quasi Judicial Consideration of Ordinance 1654 relating to rezoning property at 1988 and 1992 Lewis Turner Boulevard Second Reading) CDS Director) Municipal Planning Board Recommendation: Approval (6-0) 11103/ 05 Council Action 1st 2nd Vote: PH - 5 Agenda Item Number: 1 ORDINANCE 1654 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 1988 6 AND 1992 LEWIS TURNER BOULEVARD; PROVIDING FOR 7 AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING 8 FOR PROPERTY TO BE REZONED FROM P- 1 ( PROFESSIONAL 9 OFFICE) DISTRICT TO HC ( HIGHWAY COMMERCIAL) DISTRICT; 10 PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR 11 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT 15 WALTON BEACH, FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 18 the City Charter, and Section 166.021( 1), Florida Statutes. 19 20 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 21 finds the following: 22 23 A. WHEREAS, an application for rezoning was received by the Department of title 24 Community Development Services of the City of Fort Walton Beach by the fee simple 25 holders of the subject property; and, 26 27 B. WHEREAS a public hearing was heJd before the Municipal Planning Board on 28 November 3, 2005, and the Municipal Planning Board has recommended the request be 29 approved; and, 30 31 C. WHEREAS, the City Council has conducted two public hearings after giving due 32 public notice pursuantto Section 166.041, Florida Statutes; and, 33 34 D. WHEREAS, the property, located at 1988-1992 Lewis Turner Boulevard, comprises 35 2. 559 acres more or less, and is legally desaibed as in Section 3 of this Ordinance; and, 36 37 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 38 adopted August 22, 2000, by Ordinance 1401. 39 40 SECTION 3. PROPERTY REZONED. 41 42 A. The property legally described as: 43 44 Lots 2, 3, 16 and 17, indusive, and the Westerly 26 feet of Lots 4 45 and 15, less and except the South 82 feet thereof, Block D, 46 Maman Subdivision, according to the plat thereof recorded in Plat 47 Book 3, Page 17 of the public records of OkaJoosa County, 48 Florida; and, 49 50 Lots 5, 6, 13 and 14, indusive, and the Easterly 49 feet of Lots 4 51 and 15, less and except the South 82 feet thereof in Block D, 05 Draft 10-3- Paae 1 of 2  Plat 52 Maman Subdivision, according to the plat thereof recorded in 53 Book 3, Page 17 of the public records of Okaloosa County, 54 Florida, 55 56 is hereby rezoned HC ( Highway Commercial)