Ordinance 037-1998
Board of County Commissioners
ORDINANCE NO. 031: -1998
AN ORDINANCE PROVIDING THAT THE COUNTY ADMINISTRATOR MAY
NEGOTIATE AGREEMENTS WITH THE PROVIDERS OF DEFERRED
COMPENSATION PLANS TO MAKE SUCH PLANS AVAILABLE TO COUNTY
EMPLOYEES; PROVIDING THAT ANY PLAN AGREEMENT WILL NOT TAKE
EFFECT UNTIL APPROVED BY A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS AND THE RECEIPT OF OPINION LETTERS BY THE COUNTY
AuMiNiSTRATOR tROM THi: APPROPRiATi: ti:ui:RAL AGi:NCii:S AS TO THi:
NONTAXABLE AND TAXABLE NATURE OF ALL COMPENSATION DEFERRED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA:
Section 1.
The County Administrator is hereby authorized to negotiate agreements
with the providers of deferred compensation plans in order to make such plans available to
County employees.
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No County/provider deferred compensation plan agre~ai w~tal<Je1
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effect until first approved by a Resolution of the Board of County Commis@~ a~ t~
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receipt by the County Administrator of opinion letters, satisfactory to him, fr~y tider~
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agencies he deems necessary. that the employees' compensation to be def~e~n~ t~
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plan agreement and/or investment products purchased pursuant to the plan will not be
Section 2.
included in the employees' taxable income under federal law until the compensation is
actually received by such employees under the terms of the plan agreement and that such
compensation will nonetheless be deemed compensation at the time of deferral for the
purposes of social security coverage. for the purposes of the retirement system of the County or
any other applicable benefit program established by law. When the County Administrator is
satisfied pursuant to this section. he must so inform the Board and the provider in writing and
the plan agreement will be effective as of the date of such writing.
Section 3.
All deferred compensation plan agreements that have previously been
approved by Resolution of the Board of County commissioners are hereby ratified and
approved nunc pro tunc and shall, therefore, be deemed in effect since the date of the
original Resolution.
Section 4.
If any section, subsection, sentence, clause or provision of this Ordinance
is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 5.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 6.
The provisions of this Ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
Section 7.
This Ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this Ordinance has
been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 12th day of November, 1998.
yes
yes
yes
yes
yes
ANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~n:~~
De Cle
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BY~'~~....J- ...-- ~
Mayor/Chairman
1Dannp I.. J!olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292,3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 3,1998
CF..RTDUD MAIL
RETURN R.ECEIPr REQUFSTFJ>
Mrs. Liz Cloud
Florida Department of State
Bureau of Adminiqrative Code and Laws
Tbe Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please rmd a certified copy of Ordinance No. 037-1998, providing that
the County Administrator may negotiate agreements with the providers of Deferred
Compensation plans to make such plans available to County employees; providing that
any plan agreement will not take effect until approved by a Resolution of the Board of
County Commissioners and the receipt of opinion letters by the County Administrator
from the appropriate federal agencies as to the nontaxable and taxable nature of all
compensation deferred; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County
Commi~ioners at a Regular Meeting, in formal session, on November 12, 1998.
Please rile for record.
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Mrs. Liz Cloud
December 3, 1998
Page 2
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commi~ioners
By: Ruth Ann Jantzen
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Enclosure
cc:
Mayor Wilhelmina Harvey
Mayor Pro tern Shirley Freeman
CODlmi~ioner George Neugent
Commi~~ioner Mary Kay Reich
Commi~~ioner Nora William4i1
Municipal Code Corporation
County Attorney
County Administrator
OMB Director
Flnance Director
Human Resources Director
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MRS. LIZ CLOUD
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of ~dministrative Services
,DivIsion of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
FWRIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
December 8,1998
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Dear Mr. Kolhage: gr:: :;;:
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will ack~~g~
your letter dated December 3, 1998 and certified copy of Monroe County ~dOi'nc~
No. 98-37, which was filed in this office on December 7, 1998. ~ ~ .c;., ,
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Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee. Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state,jl,us
I "UNICIPA~ CODE CORPORATION
LustOi!f Se(~1;E5
f'(j 80x 2L3~,
Tallahassee, Fl 323j~-L235
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Thank you for yovr aSsl~t~ncP ann cooperatIon.
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Send YGur ordInancES to oros';il1.~unl(Ooe.col
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LOOKIN6 FOR A SPECIfIC ORDINA~CE' WE CAN HeLP'
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Monfoe (:c.UJ1ty
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Key west, Fl 33040
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"ROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
. . II Tom Schumaker .
Before the underSlgned authonty persona y appeared __________~______ who on oath, says that he/she IS
____!'_~!sI1.:..:______ of the FLORIDA KEYS KEYNOTER. a twice weekly newspaper published at MARATHON,
in MONROE COUNTY. FLORIDA; that the attached copy of advertisement. being Notice of INtention To
Consider Adoption of County Ordinance RE: CAD/ncp
IN THE MATTER OF: in the
______________________________ COurt was published in said newspaper in the issues of
October 24, 31, 1998
'"
00.5798900
NonCE OF INTENTION TO
CONSIDER ADOPTION OF'
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN thet
on Thursday. November 12
1998, et 11:00 AM et the K..y
ShLerQa. Library, T redewinds
oppmg Center. Key largo
~1:!'"Oe Cou"ty. Floride, the
_d of CoUnty. Commission-
ers of Monroe County Florida
intends to c:onejder the 1IdoP:
tl~ of the following County or-
dinance:
AN ORDINANCE PROVIDING
THAT THE COUNTY ADMINIS-
TRATOR MAY NEGOTIATE
AGREEMENTS WITH THE
PROVIDERS OF DEFERRED
COMPENSATION PLANS TO
MAKE SUCH 'PlANS AVAIL-
ABlE TO COUNTY EMl'LOV-
EE.S; PROVIDING THAT ANY
PLAN AGREEMENT WILL NOT
TAKE EFFECT UNTIL AP-
PROVED 'BY ARESOLUllON
OF THE BOARD OF COUNTY
COMMISSIONERS AND THE
RECEIPT OF OPINION LETTERS
BY THE COUNTY ADMINIS-
TRATOR FROM THE APPRO-
PRIATE FEDERAl AGENCIES.
AS TO THE NONTAXABLE
AND TAXABLE NATURE OF
All COMPENSATION DE-
FERRED; PROVIDING FOR
SEVERABIUTY; PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY CODE,
PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCON-
SISTENT HEREWITH' AND
~VD"l':'e~ FOR AN' EFFEC-
Pursuent to Section 286 01 05
F~ Statutes, notice~ven
that if e person decided to ap-
peel eny. decision .made by the
80erdwith respect to eny met-
~er' considered at the -such ""--
'nge or ~tings. he WIll neecI e
record of the proceeclings end
thet._ forsueh purpose. he' may
need to ensure that e verbatim
record of the prC>C;O!eClln.ge I iss
made. which record inc;tudes
the te"t!mony end ~c:e
=~ the appeal j" to be
.-'
AlIiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON. in said MONROE COUNTY. FLORIDA. and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA. twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON. in
said MONROE COUNTY. FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person. firm, or corpo-
ration any discount. rebate, commission or refund for the purpose of secur-
ing this ilun;ii..Stiinent for publication in the said ncwspap..i'.(SE:~.!.
(seal)
~
SWORN TO AND SUBSCRIBED BEFORE ME THIS
3rd
DA Y OF _~-"~~~.:__
_ A.D. 19 98
----___1~~~__
i.
COf?ies of the ~6",*,
~ - evliilllble for re-
~"''!'' at ,.,.,. various pubIjc libr....-
Ie" m Monroe Counw. FlorIde.
Deted et Key West. Floridll. thi"
2200 dey of October. 1998,
DANNY L KOLHAGE.
CIeri< of the Circuit Court
and - officio Clerk of the Boerd
of County Commissif>ners of
Monroe County,"Florida
Publish October 24, 31, 1998,
Florods Keys Keynoter
031- It:t Cfg
7~
Serving the Florida Keys
P.O. Box 1197 · Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8249
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA ) ~ ~ ~ ~
COUNTY OF MONROE ) 3~~ ~ ~
fT'1 ?' -< I '"T'1
('"') r- .;::- 0
Before the undersigned authority personally appeared JACKIE HARDER, who on oat~~ that she:;:.u:;
EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal adverti~~bae1W
Tavernier, Monroe County, Florida: that dIe attached copy of advertisement, being a le~h\jt9 g
~~N;o
NOTICE OF INTENTION, 10/29 AND 11/5/98. . CD C
Affiant further says that the said REPO RTERTsa newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, 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 firm, person, or corporation any discount,
rebate, commission or refun . for the purpose of securing this said advertisement for publication in the said
newspaper.
o AND SUBSCRIBED BEFORE ME THIS 14TH DAY OF JANUARY A.D. , 1999
MY COMMISSION EXPIRES:
NOTICE OF .
, INTENTION1'O: .
,CONSIfJER A~
'OF-COUNTY
ORDINANCE
NOTICE IS
HEREBY GIVEN TO
WHOM IT MAY CON.
_ CERN that on Thursday,
November \2, 1998, at '
\\'00 AM at the Key Lqo
Lilnry, Tradewinds
Shopping Center, Key
Largo, Monroe County,
Florida, the Board of .
Courity Commissioners of
MonrocCounty, Florida
intends to consider the
ad9ption of the following
County ordinance:
AN ORDINANCE PRO-
VIDING THAT lHE .
CQUIITY ADMINfS_~
1DI!:WAY NEOQTIATE
AaGEMENTS WITH
THE PROVIDERS OF
DEFERRED COMPENSA~
TlON PLANS TO MAKE
SUCH PLANS AVAIL-
ABLE TO COUNTY
EMPLOYEES; PROVID-,
ING THAT ANY PLAN
AGREEMENT WILL NOT
TAKE EFFECT UNTIL
APPROVED BY A RESO-
LUTION OF THE BOARD
Of COUNTY COMMIS-
sIONERS AND THE
RECEIPT OF OPINION'
LETfERSBY THE
COUNTY ADMINISTRA.
TOIlFROM THE APPRO-
PRIATE FEDERAL
AGENCIES AS TO THE
NONTAXABLE AND .
TAXABLE NATURE OF
ALL COMPENSATION
DEFERRED; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR
INCORPORATION INTO
THE MONROE COUNTY
CODE, PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES IN'CON-
SISTENT HEREWITH;
AND PROVIDING FOR
AN EFFECTIVE DATE.
Purs\l8llt to Section
2116.0105, Florida Statutes,
notice is given that if a per-
son decided to appeal any
decision made by the Board
with respect to' any matter
COIIIidered at such hearinp
or meetings, he will need'.
record of the proceedings,
and that, for such. purpose,
he may need to ensure that
. verbatim record of the
proceedings is made, which
record includes the testimo-
ny and evidence upon
which the appeal is to be
based: