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6217-97 ORDINANCE NO. 6217-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE EMPLOYEES PENSION PLAN; AMENDING CLEARWATER CODE OF ORDINANCES DIVISION 3, SECTION 2.399, ESTABLISHMENT AND OPERATION OF PENSION FUND, SUBSECTION (c), POWERS AND DUTIES OF TRUSTEES, RELATING TO INVESTMENTS; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: WHEREAS, the City Commission has determined it is in the best interest of the individuals covered by the Employees Pension Plan, the citizens and residents of the City to make the following modifications to the investment rules; and WHEREAS, the Investment Committee and pension investment advisors have recommended that these modifications be made; and WHEREAS, the following changes are consistent with the "Prudent Person Rule"; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF CLEARWATER, FLORIDA; Section 1. Section 2.399, Code of Ordinances is amended to read: (c) Powers and duties of trustees. The trustees may: (1) Invest and reinvest the assets of the pension fund in annuity (including group annuity contracts of the pension investment type) and life insurance contracts of legal reserve life insurance companies licensed to do business in the State of Florida, in amounts sufficient to provide, in whole or in part, benefits to which all of the participants shall be or become entitled under the provisions of the plan, and pay the initial and subsequent premiums thereon, (2) Invest and reinvest the assets of the pension fund in: ?Ij Ordinance 6217-97 a. Time deposits, of savings accounts- money market accounts funds certificates of deposits... or money market certificates of a national bank, a state bank, or a savings, building and loan association insured by the Federal Deposit Insurance Corporation or collateralized by United States Government or Agency securities. b. Negotiable direct obligations of, or obligations the principal and interest of which. are. unconditionally guaranteed by, and which carry the full faith and credit of the United States Government and its agencies. Investments in this category would include-but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration Government National Mort a e Association Ginnie Mae). Veterans Administration, and Federal Housing Administration. Wedwith OF r4elated te the United e c. Fullv collateralized United States Aaencv obligations which carry an implied -guarantee and the implied full faith and credit of the United States -government. Investments in this category would include but not be limited to the followin : obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks and Financing Corporation (FICC). d. Other United States Agency obligations which carry an implied guarantee and_the_implied full faith and credit of the United States Government. Investments in this category would include but not be limited to the following: obilgations_of the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Coloration (Freddie--Mae),- Student Loan Marketing Association (Sallie Mae), Financial Assistance. Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). e. Collateralized Mortgage Obligations (CMO) and/or Real Estate Mortgage-- Investment Conduits {REMIC),_ rated investment grade or equivalent by Standard and Poor's. Moody's Fitch or other recognized national ratin a envies which are backed by securities otherwise authorized in this ordinance and which are guaranteed as to the time! payment of principal and interest by the US Government or its Agencies, -ak f. e- County bonds containing a pledge of the full faith and credit of the county involved, bonds of the Florida development Ordinance 6297-97 commission, or approved as to administration. of any other state agency, which have been legal and fiscal sufficiency by the state board 'of g_ d- Obligations of any municipal authority issued pursuant to the laws of this state; provided, however, that for each of the five years next preceding the date of investment, the income of such authority available for fixed charges shall have been not less than one and one-Ralf times its average annual fixed charge requirements over the life of its obligations. h. e- Common stocks, preferred stocks and bonds and other evidence of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state, or organized territory of the United States of the District of Columbia or any non-US corporation engaged !A IAteFAatiI9A8l b esifless-a d trade, provided: 1. The corporation is listed on any one or more of the recognized national or international stock exchanges and/or in the case of bonds and mortgage backed securities, traded amon dealers and investors in a recognized and agreed upon conventional format.; 2. All corporate bonds shall carry an AA investment grade rating as established either by Standard & Poor's, Moody's, e* Fitch or other recognized national rating agencies; and 3. Not more than # wee five percent of the assets of the pension fund shall be invested in the common stock or capital stock of any one issuing company nor shall the aggregate investment any one issuing company exceed one five percent of the outstanding capital stock of that company; nor shall the non-US investments exceed ten oercent of the pension fund's assets at cost; nor shall the aggregate of the investments under this subparagraph at cost exceed € si -five percent of the pension fund's assets at cost. (3) Cause any pension fund investment in securities 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 pension fund. 3 Ordinance 6217-97 (4) Vote upon any stocks, bonds, or securities of any corporation, association, or trust and give general or specific proxies or powers of attorney with or without power of substitution; participate in mergers, reorganizations, recapitalizations, consolidations, and similar transactions with respect to such securities; deposit such stock or other securities in any voting trust or any protective or like committee with the trustees or with depositories designated thereby; amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally exercise any of the powers of an owner with respect to stocks, bonds, or other investments comprising the pension fund which it may deem to be to the best interest of the pension fund to exercise. (5) Retain in cash and keep unproductive of income such amount of the pension fund as it may deem advisable, having regard for the cash requirements of the plan. (6) Retain the services of a custodian bank, an investment advisor registered under Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, trust 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 trustees, in the investment of all pension fend assets. Section 2. A referendum election is hereby called and will be held on March 10, 1998, at the general municipal election for the consideration by the voters of the City of Clearwater of the proposed amendment to the Employees' Pension Plan. The question to appear on the referendum ballot reflecting the proposed amendment to the Employees' Pension Plan at the regular municipal election scheduled for March 10, 1998, shall be as follows: EMPLOYEES' PENSION PLAN Shall Clearwater Code of Ordinances, Division 3, Employees' Pension Plan, Section 2.399(c), Powers and duties of trustees, be amended as provided in Ordinance 6217-97 to revise the types and amounts of investments and reinvestments of the assets of the pension fund? YES For amendment to Employees Pension Plan NO Against amendment to Employees Pension Plan .J 4 ordinance 6217-97 Section 3. The City Clerk, is directed to notify the Pinellas County `. Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 10, 1998. Section 4. This ordinance shall take effect immediately upon adoption. The amendment to. the Employees Pension Plan provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues. PASSED ON FIRST READING November 20, 1997 PASSED ON SECOND AND FINAL READING AND ADOPTED December.4 , 1997 Approved as to form: Pamela K. Akin, City Attorney Rifa Garvey, Mayor-Comm(/(/ ioner Attest: Cy t is E. Goudeau, City Clerk i t t 5 Ordinance 6217-97 tn,. - jj7M