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HomeMy Public PortalAboutORD10987 BILL NO. 87-180 SPONSORED BY COUNCILMAN BARNICLE, BORGMEYER, DAVIS, GORDONj HAAKE, HALSEY, MASON, SCHEULEN, VEILE, WOODMAN ORDINANCE NO. /D 9f I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING PRESENTATION TO THE VOTERS OF THE CITY OF JEFFERSON A PROPOSED AMENDMENT TO SECTION 6.4 OF THE CHARTER OF THE CITY OF JEFFERSON, MISSOURI. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Subject to voter approval as herein provided Section 6.4 of the Charter of the City of Jefferson, Missouri, is hereby repealed and a new Section 6.4 is enacted in lieu thereof, to read as follows: Section 6.4. Firemen's Pension Fund. (a) Fund. There shall be a fund which shall be under the exclusive management and control of a board of trustees known as the "Firemen' s Pension Fund of the City of Jefferson, Missouri, " . The purpose of the fund shall be to provide pension benefits to members of the Fire Department and their dependents. (b) Members. The board shall consist of the City Administrator of the City of Jefferson, the City Finance Director, the Chief of the Fire Department, three members chosen from the citizens at large appointed for three year terms by the Mayor with the consent and approval of the City Council, and three members of the Fire Department elected for three year terms by the members thereof, such elections to be held on the first Monday in June of each year. The three citizens at large to be appointed by the Mayor shall be appointed from a list of at least three individuals per position. The list shall be furnished to the Mayor by the board. Any person appointed to the board as a citizen at large shall have a background in a field of endeavor relevant to pension plans and shall not have a personal pecuniary interest, either present or potential, in the fund. The terms of the citizens at large members appointed by the Mayor and the members elected from the Fire Department shall be staggered. The compensation of all persons engaged by the board of trustees, and all other expenses of the board necessary for the operation of the firemen's pension system shall be paid at such rates and in such amounts as the board of trustees shall approve. The members of-the board of trustees shall serve without compensation. (c) Fund Custodian. The City Finance Director shall be custodian of all money, securities and other property of the fund, subject to the control and direction of the board. As prescribed by the board, he shall keep separate books and complete accounts of the fund, and his books and accounts shall always be subject to the inspection of the board or any of its members. He shall be liable on his bond executed to the municipality as Finance Director of the City of Jefferson, Missouri, for all his acts concerning the fund. On the expiration of his term of office he shall deliver to his successor all unexpended money, securities, books, records and other property which may have come into his possession as treasurer of the fund. (d) Legal Advisor. The City Counselor shall be legal advisor of the board of trustees. (e) Organization, Powers. The members shall immediately after their appointment or election, meet and organize by election of one of their number chairman, and by the election of such other officers as they deem necessary. The Chief of the Fire Department shall serve as secretary of the board. The City Finance Director shall serve as treasurer of the board and deposit all money in the City depository. The board shall make and adopt such bylaws, rules and regulations for its guidance and for the operation of the fund. The board shall have the exclusive control of the expenditures and investment of all money collected for and deposited to, or appropriated to the credit of the pension fund and of the supervision, care and custody of the pension fund. All money received for the fund shall be deposited in the City treasury to the credit of the fund and shall be kept separate and apart from other money of the City and drawn upon by the Director of Finance upon the proper authorization. The board may determine the manner and method of providing benefits, the level of benefits and any assessment against the wages of the Fire Department necessary to maintain actuarial soundness of any plans in effect by and with the consent of the Council. (f) Annual Report. The board shall make an annual actuarial report to the council stating the condition of their trust, the various sums of money deposited to the fund and how much money has been expended from the fund and for what purposes, with such statistics, information and suggestions as they may deem of general interest. All portions of the report relating to -the receipt and expenditure of money shall be verified by affidavit. . (g) Tax Levy. Any tax levy previously adopted by the people of the City for firemen's pension purposes is hereby continued in full force and effect until modified or discontinued in the manner provided by law. Any tax for firemen's pension fund purposes shall be levied and collected in like manner with other general taxes of the City, but the funds received therefrom shall be kept separate and apart from all other funds of the City and shall be deposited in a fund designated "Firemen's Pension Fund. " Any such tax shall continue notwithstanding any changes made by the board of trustees in the manner in which benefits are provided to members of the Fire Department. ® (h) Transition to the New Hoard. The members serving on the board of trustees as of the date of the adoption of this amendment shall serve until their successors are duly chosen or April 15, 1988, whichever is later. . Section 2. The amendment as set forth in Section 1 shall be submitted to the qualified voters of the City of Jefferson, Missouri, for their approval, at the General Election to be held on the Fifth day of April, 1986, at the places designated by the Election Authority for said General Election and the ballot shall be in substantially the following form: PROPOSITION 1 Shall the Charter of the City of Jefferson be amended by the repealing of Section 6.4 and the enacting of a new Section 6.4 in lieu thereof as provided in Ordinance No. 105 8 12 passed and approved by the City Council on February 1, 1988? [ ] Yes [ ] No If you are in favor of the question, place an "X" in the box opposite "Yes" . If you are opposed to the question, place an "X" in the box opposite "No" . Section 3. The Mayor and City Clerk shall prepare and execute the form of the Notice of said Election and shall transmit the same to the Election Authority for the City of Jefferson, Missouri, and request said election be conducted by law. Section 4. If a majority of the qualified voters voting at ® said election shall vote in favor of the approval of this ordinance, then the same shall be binding in full force and effect from and after such approval. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, as such holding shall not affect -the validity of the remaining portion thereof. Section 6. This ordinance shall be in full force and effect from and after its passage and approval. Passed Approved rgsidin fficer r AT'T'EST: City Clerk