5494-93 ORO��iAyaC E a.�, 43�a-�
AN ORPI"AMCE OF THE CITY OF ClEARW TER, FLORIDA,
RELATING TO THE APPOINTIVE OOARDS, AND COMMITTEES OF THE
CITY, REPEALING SECTIONS 2.431 AND 2.432, CODE OF
O,RD;NANCES, RELATING TO THE ESTABLISHMENT - OF A
FIRi FIf3Hl-ERS,RELIEF AND PENSION FUND ESTABLISHED IN, 1939
BOT �5 IQH NO LONGER EXISTS, AND ABOARD OF TRUSTEES FOR
Si1CH FUND; PROVIDING AN EFFECTIVE DATE.
4HEREAS, a firefighters relief and pension fund was established for the
City of Clearwateriby a special act of the Florida Legislature in 1939, Chafter
19112, Lags of FORM Special Acts (1939), and a board of trustees consisting
of the mzlycr-co ,i,§s i oner, the chief of the fire department, and one regularly
cry€played f areyx Obt0r, of the city, was established to carry out the powers and
duties set forte in the special act (references: sections 8 and 9 of Chapter 9,
Clearwater City Code, 195U; sections: 2-16 and 2-17, Clearwater City Code, 1962;
sections 26.50 4nd) 26.51, Clearwater City Code, 1980; and sections 2.431 and
2.432, Clearwater Fjty Code, 1992);' and
WHEREAS,A S th
e,firefi grters relief and pension fund established nn 193_
was
superseded and we Wed, ; by the firemen's pension fund established in 1955
pursuant. to Chapter 30658, Laws of Florida, Special Acts (1955) , for which the
board of trustees low colis i sts' of the mayor-commissioner^, the chief of the fire
departmentx and 006 active or retired firefighters who are members of the plan
(references: sec&n 5, Article 1 , subpart B, "Related Laws, ° Code of Ordinances
of the City of Cleafwa,ter, 1980; section 5, Article I, subpart B, "Related Laws,"
Code of Ordinances cif the Cit of Clearwater, 1992); and �
HEREAS, 4h ere also iexists the supplementary 'firemen's pension And
retirement fund :es�tz€blished in 1968 pursuant to Ordinance 1168, as "amended by
Ordinance '4285 nt€ 190S, for which the board of trustees now consists of two city
residents appoahtgd by the city commission, two firefighters elected by a
majority of firefighters who are plan gKicipants,, and a fifth member selected
by the other foul (references: `section 18.2, Clearwater City Code, 1962- section
Clearwater City Cede, 1980, and section ASP, Clearwater City Ccde,
1992); and
WHEREAS", sections 2.431 and 2.432 Clearwater Cit Code relating o the
firefighters relief' and pension fund establishes! in 1939 and the boards- of
trustees for that fu lid are obsolete„ and should be repealed xand removed from the
Clearwater City Code' to .avoid the possibility of confusion at a later date; and
WHEREAS, the City Commission has been advised that the repeal of sections
2.431; and 2.432 mill not affect the rights of any employee of the City, active
or retired, or the terms of any collective bargaining agreement with employees
of the City; now therefore
BE 11 ORDAINED BY THE CITY COMMISSION OF THE CITY OF
C_EA GATEIR, FLORIDA:
action11 . Sections 2.431 and 2.432, Code of Ordinances, relating toI'I-the
establishment in 1939 of a firefighters relief and pension fund and a board' of
trustees for such fund are hereby repealed on the grounds of obsolescence.
5 'C,
-
i
shall not be construed as affecting in any
manner the rights of any employee of the City, active or retiryd, or the erm;
and condi t iool of ;Aployment: established by any collective bargaining agreement'
pith
employees, of the City, or of the rights or obligations, of the City ira'
funding the firemen's pension fund or the supplementary firemen's pens icn and
retirement funt Which funds small i be unaffected by the adoption c-� ' this
ordinance;
Aection V This ordinance shall take effect immediately upon Option.
PASSED OP i f ST READING December 2 , i993
3
PASSED ON $ECOND AND FINAL READi G
A1 4D ADO EEG) December 16; 49§3
�g
to Garvey '
m yor-commissioner
Attest: Approved as to form and correctness=
yn: t is E. Gpudeaa I. A. a bra th r .
C i W Clerk City, Attorne t
i
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