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Res 117 RESOLUTION NO. 117 RF~OLUT~ON OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING AN A~ENDNMNT TO CO~ECT AN E~ROR IN THE CONTRACT BE~WMEN CITY COUNCIL AND T~E BOARD OF ADMINISTRATION, PUBLIC EMPLOYEE~' R~TIRE~ENT SYSTEM WN~EAM, the City Council of the City of Pow~y hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' ~etirement System entered into a contract effective February 1, ~9R1 providing for the participation of Public Agency in the Public Employees' Hetirement System en~ for the merger of Poway Municipal Water Districts 8nd WHF~FAS, said merger authorizes the governing body of said Public ~gency to act on behalf of the Poway Municipal Mater District hereinafter referred to as a Former Agency; end WHEREAS, due to the inadvertent omission Section 20952.5 (Age MO voluntary. retirement) was not included in said Public Agency's contract when it w~s the agency's intent; and WHEREAS, said former agency amended their contract effective Jsnu.ry ~1, 1081. However, due to sn inadvertent omission said amendment did not include Section 2~6~.~ (Local System service credit) ~nd Section 20952.5 (Age $O voluntary retirement) when it w~s the agency's intent; and ~E~EAM, Section 20~6~ of the Government Code provides that errors in a contract may be corrected through contract error amendments executed by the adoption of suitsble resol~tions by the contracting psrties$ NOW, TH~EFOME BE tT ~ESOLVED, that said governing body of Public Agency authorizes, and it does hereby authorize, a contract error amendment to said contract effective February 1, ~8~ as follows: A. The paragraph 8 shall be .dded to said contract ss follows: The following additional provision of the Public Employees' Retirement Law which apply only upon election of . contracting agency shell apply to the Public Agency and its employees: a. Section 209~2.5 {Age 50 vo!unt~ry retirement) for locsl safety members. NOW, THEMEFOME BM IT ~MEOLVED, ~that ssid governing body of Public Agency authorizes, and it do~s hereby .uthorize, a contract error amendment to s~id Former Agency's smendmen~ effective January ~, 1~1 as follows: A. ~he paragraph ? shall be added to said contract as follows: The fol!owin~ additional provisions of the Public Fmployees' Retirement Law which ~pply only upon election of a contracting agency shall apply %o the Public Agency and its employees: a. Mection 20952.5 (Age 50 voluntary retirement) for loc~l safety members. b. Mection 2t~61.5 (Local system service credit) for local miscellaneous members. BE TT FURT~F~ ~E~OLVED, that the presiding officer of the ~overning body of Public Agency be and is hereby authorised, empowered, and directed to execute said amendment for and on behalf of Public Agency. Adopted this 23rd day of June , lQ 81 BOARD OF ADMIN!~TRAm!ON CITY COUNCIL PUBLIC F~PLOYEF, S' RMTIRM~NT CI~ OF POWAY BY r~-~ BY C.~l Z. ~%chin~er, E~u~ive Officer PresSing Office~ - Clyde E. Rexrode, Mayor Approved as to form~. $~ttest: ' e Clerk ' ' Marjori~e~ K. Wahlsten, City Clerk CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct cooy of a Resolution adopted by the City Council (Governing 8o~y) : ' of the City of ~oway ........ (Name of Public Agency) on Jtme 23~ 1981 ...... , appearing at Page , (Date) Volume .... of the (Minutes) (~T~xK~!~) of the ~ity Council . . (Governing Body) '~JTY CLERK or Secretary of the Board PEEb-CON-i2 ()1/77)