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)