HomeMy WebLinkAbout1974-12-10 ResolutionRESOLUTION OF NECESSITY
1974 SANITARY SEWER IMPROVEMENT PROJECT
WHEREAS, plans, specifications and form of contract and an estimate of
the total cost of the following public improvement,
1974 Sanitary Sewer Improvement Project
are now on file in the Office of the City Clerk, and
WHEREAS, notice of this Resolution of Necessity was duly published as
required by law, and
WHEREAS, the following objections have been filed to said Resolution of
Necessity,
IOWA: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
1) That it is deemed advisable and necessary to construct certain street
improvements, hereinafter described on the following streets, avenues and alleys,
or portions thereof, within the City of Iowa City, Iowa, to -wit:
2) The type of improvement will be as above set out.
3) The method of construction will be by contract.
4) The cost of the im rovement shall be paid for by such funds of the City
as may be legally used for such purposes
RESOLUTION NO. 74-530
It was moved by White and seconded by Brandt that the
Resolution is read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
Passed and approved this 10th day of December 1 lg 74
Mayor
ATTEST:
C�W-c
City Clerk
WHEREAS, on the _�orh day of November 1 19 74 plans, specifications
and form of contract were filed with the City Clerk of Iowa City, Iowa, for the construc-
within the City of Iowa City, Iowa; and
WHEREAS, notice of hearing on plans, specifications and form of contract was
published as required by law:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the said plans, specifications and form of contract are hereby approved as
the plans, specifications and form of contract for said
1974 Sanitary Sewer Improvement Project
It was moved by
White and seconded by Brandt that that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYES: ABSENT:
Brandt X
Czarnecki X
Davidsen X
deProsse X
White X
Passed and approved thia 10th day of
ATTEST:
City,,Clerk
December 19 74
d h h f 11 t
WHEREAS, the Engineering Department has certifie t at t e o owing improvemen s
have been completed in accordance with plans and specifications of the City of Iowa
City,
Paving Ravencrest, Raven and Ravencourt Streets
(Court Hill -Scott Blvd., Add'n., Part II )
AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in
the City Clerk's Office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said
improvements be accepted by the City of Iowa City.
It was moved by Brandt and seconded by Davidsen that
the Resolution as read be accepted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt X
Czarnecki g
Davidsen g
deProsse x
White X
Passed and approved this
ATTEST:
10th day of
December , 19 74
December 10, 1974
To the Honorable Mayor and City Council
City of Iowa City
Iowa City, Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's offfice.
Concrete paving on Raven Court, Raven Street and Ravencrest Drive
in Court Hill -Scott Boulevard Addition, Part II, as constructed
by Metro Pavers, Inc. of Iowa City, Iowa.
I hereby recommend that the above improvements be accepted by
the City of Iowa City.
GRB/mj c
4
Respectfully submitted,
✓3
George R. Bonnett, P.E.
Deputy Director/City Engineer
KGJVLUTIVA AI;ULrJ:1r4U SEWER .IMPROVEMENTS
WHEREAS, the Engineering Department has certified that the following improvements
have been completed in accordance with plans and specifications of the City of Iowa
City,
sanitary sewer in Oakwoods Addition, Part VII
AND WHEREAS, Maintenance Bonds for Knowl i ng Brothers are on file in
the City Clerk's Office,
NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said
improvements be accepted by the City of Iowa City.
It was moved by deProsse and seconded by White
the Resolution as read be accepted, and upon roll call there were:
Brandt
Czarnecki
Davidsen
deProsse
White
AYES: NAYS: ABSENT:
Passed and approved this
ATTEST:
10th day of
December
, 19 74
that
December 10, 1974
To the Honorable Mayor and City Council
City of Iowa City
Iowa City, Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed
below have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City.
The required maintenance bond is on file in the City Clerk's office.
Sanitary sewer in Oakwoods Addition, Part VII in Iowa City, Iowa,
as constructed by Knowling Brothers Contracting Company of Iowa
City, Iowa.
I hereby recommend that the above improvements be accepted by
the City of Iowa City.
Respectfully submitted,
George R. Bonnett, P.E.
Deputy Director/City Engineer
GRB/mj c
RESOLUTION AUTHORIZING CITY MANAGER TO FILE
FOR FEDERAL ASSISTANCE UNDER DISASTER
RELIEF ACT
BE IT RESOLVED BY the City Council of the City of Iowa City,
Iowa
THAT Dennis R. Kraft, Acting City Manager, is hereby authorized
J
to execute for and in behalf of the City of Iowa City, a public
entity established under the laws of the State of Iowa, this
application and to file it in the appropriate State office for
the purpose of obtaining certain Federal financial assistance
under the Disaster Relief Act (Public Law 606, 91st Congress).
Passed and approved this 10th day of December
It was moved by Davidsen and seconded by
. 1974.
deProsse
that the Resolution as read be adopted and upon roll call there were:
Ayes: Nays: Absent:
X
Brandt
X
Czarnecki
X
Davidsen
X
deProsse
X
White
kXZ ATTEST:
City Clerkd
n- jMW Wed
C. L. (Timl Bra
zarnec
t, Counc
P. R. (Fenny) Daviasen, counci.
Carol a rosse, Councilwoman
N04L-
J. a is ite, ounce man
woman
RESOLUTION AUTHORIZING USE OF URBAN RENEWAL
PROCLAIMER CERTIFICATES
WHEREAS, the City of Iowa City, Iowa, acting as Local Public
Agency, is in the execution stage of Urban Renewal Project Iowa -
R 14 funded by the United States Department of Housing and Urban
Development, hereinafter referred to as HUD, and,
WHEREAS, HUD authorizes Local Public Agencies carrying out
Urban Renewal Projects to certify to the existence and documenta-
tion of certain facts and requirements, subject to a postaudit by
HUD and in lieu of the submission of such documentation for prior
review and approval by HUD, as set forth in such regulations,
policies, and requirements of the secretary as shall be in effect
from time to time.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, as follows:
The following officials are authorized to prepare, execute,
and submit the following proclaimer certificates to HUD on behalf
of the Local Public Agency in accordance with the regulations,
policies and requirements of the secretary as shall be in effect
from time to time.
The Mayor of the City of Iowa City, Iowa, is authorized to
prepare, execute and submit:
1. Proclaimer certificate relative to establishment of fair
market value for property to be acquired.
The Director of Community Development of Iowa City,
Iowa, is authorized to prepare, execute and submit:
1. Proclaimer certificate relative to Urban Renewal plan
amendments, changes or modifications.
2. Proclaimer certificate relative to technical specifica-
tions conformance with local standards or standards
necessary to support Urban Renewal objectives for Pro-
ject improvements.
3. Proclaimer certificate relative to establishment of fair
reuse value.
It was moved by Brandt and seconded by Davidsen
that the Resolution as rea e a opted, and upon roll ca 1 tzere
were:
AYES: NAYS:
X
X
X
X
X
ABSENT:
Passed and approved this
CZARNECKI
DAVIDSEN
DEPROSSE
WHITE
10thday of
ATTEST:
City Clerk
December
ion
k
RESOLUTION AUTHORIZING ADOPTION OF AMENDED DEFERRED COMPENSATION
PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT
CORPORATION.
WHEREAS, the City Council of the City of Iowa City, Iowa, [hereinafter the
Council] on December 21, 1973, by Resolution No. 73-547 authorized the execution
of a master trust agreement with the International City Management Association Retire-
ment Corporation [hereinafter the ICMA-RC] as trustee for the deposit of funds; and
WHEREAS, the Council on September 17, 1974, by Resolution No. 74-409 authorized
the City :Manager of the City of Iowa City [hereinafter the City Manager] to execute
on behalf of the City of Iowa City, Iowa, [hereinafter the City] deferred compensa-
tion agreements between the City and any qualified staff person who chooses to parti-
cipate under the master trust agreement; and
WHEREAS, the City has previously established the ICMA-RC Deferred Compensation
Plan for certain of its employees; and
WHEREAS, the ICMA-RC has requested that certain amendments be made to said
plan; and
WHEREAS, the City will assist its employees, at no cost to itself, by the
incorporation into said plan additional attractive features.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the City amend its master trust agreement with the ICMA-RC by substitution there-
for the amended Deferred Compensation Plan, attached hereto as Appendix A, and hereby
authorizes the Mayor of the City to execute the said Deferred Compensation Plan with
the ICMA-RC; and
BE IT FURTHER RESOLVED that the Director of Finance of the City may, on behalf
of the City, execute all Joinder Agreements with said employees and other eligible
officials and officers, which are necessary for said persons to participate in the
Deferred Compensation Plan, except that any Joinder Agreement for said designated
official shall be executed by the City Manager; and
BE IT FINALLY RESOLVED that if there is an employer's contribution made under
the Deferred Compensation Plan, that such employer's contribution will be approved
by resolution of the Council.
It was moved by Brandt and seconded by deProsse
that the resolution as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Passed and approved this
ATTEST: ( &114� ��
City Cler
Brandt
Czarnecki
Davidsen
deProsse
White
10th
day of December
1974.
AL
i ASS�ATION
RETIREMENT CORPORATION
DEFERRED COMPENSATION PIAN
Amended as of June 33, 1974
THIS DEFERRED COMPENSATION PLAN, hereby establishedby GMY OE Tmya City- Tmma
hereinafter the Employer; by agreements with the International City Management Association Retirement Corporation and with the
ernpioyees, officers, and officials of said employer who become party to this agreement, by reason of a "Joinder Agreement" signed
at this time, or at some time in the future.
WHEREAS, the Employer has certain employees rendering to it valuable services; and
WHEREAS, the Employer is able to provide its employees with certain benefits under this Plan which assure to those participating
employees reasonable retirement security; and
WHEREAS, the Employer receives benefits from this Plan by increasing its ability to attract and retain competent personnel and by
increasing its flexibility in personnel management.
NOW THEREFORE WITNESSETH that the Employer has established this: international City Management Association Retirement
Corporation Deferred Compensation Plan and has caused it to be executed by the official affixing his signature on behalf of the
Employer's governing body.
Conversion Provision: Where an Employer has previously established the ICMA-RC deferred compensation plan for its employees,
this Plan shall supersede all previous documents and provisions thereof except that existing deferred compensation employment
agreements will continue in full force and effect in lieu of Part I of this plan, and as such, have the immediate force and effect of a
"Joinder Agreement" to this Plan. If the Employer and Employee desire to amend the existing Deferred Compensation Employment
Agreement by substituting Part 1 of this Plan therefor, this may be done by execution of a "Joinder Agreement".
Attest for Employer: ./ 1
Signature of Authorized Official (, iit✓`� /f /r
v
(Seal)
Approved as to Form:
_ �V U-tGJ� � • 7 �V �-iJ`���
Attorney for the Employer
Attes; for ICNIA.RetiremePKorporation
�
Signature of Authorized Officia
'• (Seal)
Fo
M
For the [CMA Retirement Corporation
By:
of Authorized Official/Date
3D31 "
Complete the following prior to mailing this agreement to the Retirement Corporation
Fnli name (City of, County of, etc.): City of Iowa City
Title of Oificiai to whom correspondence and reports are to be mailed:
(notnarrte) Finance Director
Addr>: (include zip code) Civic Center, 410 E. Washington Street Iowa City Iowa 52240
Empl"ye;;' Federal Tax Identification Number: 42-600480S
PRELIMINARY STATEMENT or percentages of both "base pay" and "employers
ESTABLISHMENT OF- THE PLAN " contributions' or' it may include amounts from or'
AMENDMENTS percentages of only one of these components;
The International City Management Association I Retirement -
Corporation, hereinafter the Retirement Corporation or ICMA-RC,
is a nonprofit Delaware Corporation. It has been classified as a
ta.s-exempt organization under the provisions of Section 501(c)(3)
of the i:rternal Revenue Code. As an aid in the improvement of state
and municipal administration in general, the Retirement Corpora-
tion is organized for the purpose of receiving and investing deferred
compen-.atioo funds of state and local governments and their related
and controlled public interest organizations which are tax exempt
uider Section 501 of the Internal Revenue Code,- hereinafter
ref,+rred to as "Employers"; to act as trustee and/or agent for the
collection and reinvestment of the income therefrom; and to act as
agent for such Employers and at their explicit direction for the
distribution of the funds and assets of their accounts to their
participating Employees in accordance with options provided in this
International City Management Association Retirement Corporation
Deferred Compensation Plan, hereinafter referred to as the "Plan",
or the "ICMA-RC Plan".
The ICN1A-RC Plan is set out below in two parts: I. The
Deferred Compensation Employment Agreement; and 11. The
Master T:t:st Agreement. As set out below, the Employer adopts
this plan as its agreement with the participating Employees and
ICiMA-RC, and the Employees shall participate in the Plan through
the execution of a Joinder Agreement, which by its terms
;ncurporates all of the provisions of the Plan. A copy of the Pian
shall be supplied to each Employee for his study and understanding
priur to his execution of the Joinder Agreement. The Employers,
through their participation in the Plan, express their desire to have
the benefit of the continued loyalty, service and counsel of their
Employee% and to assist them in providing for the contingencies of
old age dependency, disability, and death.
Th;s Paan may be amended from time to time for purposes of
assuring its conformance to the requirements of any applicable law
Or rule or regulation pursuant thereto, and to preserve the
tax-v<er,pt status of the Plan and the Retirement Corporation. No
arnendr••-ent may either directly o: indirectly operate to deprive any
pamcipoting Emp;oyer of its beneficial interest in the Trust as it is
th-.n constituted. The Retirement Corporation will notify the
P••,'icitering Employers of any amendment to this Plan no later
ri.:n six ty days prior to its effective slate. Any such amendment will
become effective_ after the expiration of that period of time, except
to those Employers as may file an objection. No amendment
prop -is -,J by participating Employers shall be effective unless agreed
to by the lVdIA Retirement Corporation over the signature of an
Ofticer.
PART I. DEFERRED COMPENSATION EMPLOYMENT
AGREEMENT
1. Deferred Compensation—Initial Decision—Future Changes
1.1 There is no limit on the amount or percentage of the total
compensation of the Employee which may be deferred by
the Employer under this Plan.
1.2 F_r the purpose of this Plan the following dafinitions apply:
"Total compensation" is the total of compensation to be
paid by the Employer for the services of the Employee,
r•grdless of the terms used for its components, as, for
example, "base pay," "in addition to base pay," "employer's
co-i-ributions," etc.;
h "Deferred compensation" is that amount or percentage of
ibe total compersation of the Employee vih;ch the Employer
c -,•^entry defers from the payment to the Employee, and,
1, ,,�:.+d, dep os,ts into a Deferred Compensation
i-uttt :.rt:i d+e R^tip anent Corporation under the terms of
I!-. ;'tun. Dr: t::::<d cump.visaiion may include amounts from
c. "Current compensation" is that portion of the Employes s
total compensation which is not deferred compensation as
deferred compensation is defined herein; and
d. "Base pay is the stated salary of the Employee.
1.3 The determination of ;he initial amount or percentage and of
any future change in amount or percentage of deferred
comoensation must be made before the beg,nninq of the
period of service for which the compensation is payable.
1.4 The amount of total compensation may be adjusted from
time to time without altering the terms of this Plan.
However, the percentage or amount of deferred
compensation may be adjusted in accordance with 1.3 above.
- Any such adjustment of the percentage or amount of
deferred compensation shall be communiazited to the
Employes agent, the Retirement Corporation, and the
deposits in the adjusted percentages or amounts, if changed
from the prior existing percentages fir amounts, shall
thereafter be made by the Employer into its Retirement
Corporation Account.
2. Deferred Compensation Account. Under this Ptan, deferred
compensation shall be credited and paid into the Trust established
and maintained with the International City Management Association
Retirement Corporation as Trustee. The Retirement Corporation is
a lonprofit corporation formed for the specific purpose of inv:sting
and otherwise administering the funds of said Trust. The Trust may
be revoked at any time by the Employer, and upon revocation of
said Trust, all of the assets thereof shall return to and revert to the
Employer. The Employer shall keep accurate books and records
with respect to the Employee's total compensation or other earned
income and with respect to amounts paid into said Trust.
3. Ownership of Funds. Neither the Employee nor any brneticiary
thereof shall have any interest :vhatsoever in the funds paid into the
Deferred Compensation Account or in the accwnulat;ons a any
increments on such funds, which shall at all times •ernah+ as an asset
of the Employer, subject to its absolute domin;nn, control, and
right of withdrawal until such time as the funds or assvr•: „f the
Account are are distributed to the Employee in accordano- •oci•h the
provisions of this Plan. The obligations of the Empinv�r to pay
deferred compensation is contractual only, the Err,ploye-.`+,vin no
prefgrred or special interest or claim, by way of trust• annuity, or
otherwise, in and to the specific funds and users h.,ld in the
Deferred Compensation Account. 'File contractual ob;,caouns of the
Employer to pay the funds and assets in its Deferred Cumpeosation
Account to the Employee or his heneficnary on the applicable
distribution date shall be a continuing obligation upon the
Employer, and shall not be relieved by any agreement between the
Employer and any other party, except as provided in Section 2 of
Paragraph 12 of this Plan, and shall not be affected in any manner
by amendment or revocation of the Trust referred to in Pargraph 2
herein or by reversion of the Trust Funds to the Employer. The
provisions of this Paragraph shall supersede and control any other
provision of this Plan which could be interpreted to be in conflict
therewith.
4. Administration of Funds. The funds depos;tr.d in the Deferrer)
Compensation Account shall L -a invested and reinvested by the
Retirement Corporation, as provided for in the Trust Fund
describedinPart II of this Plan, in any manner which In its sole
discretion it deems desirabia, without regard at any time to any fecal
limitation governing the investment of such flints. The Account
shall a:so reflect the gain or luss resulting from the inv. stment and
reinvestment thereof. This Trust Fund may br with
others established by the Trustee with other Ern;>'.;,c: •:•idt:r this
Plan.
5. Desi.lnation of Investments. Each participating Employer, being ?
advised of the preferences of, and for the'beneht'of`each of its
p_rticioating Employees, shall designate the percentage of the
deferred compensation -involved which shall be investedin the
ralpECtiye types of investment funds (accounts) of the Retirement
Co'porition, such as the .Equity- (Variable) Fund or the
FisHO-1 icome Fund, unless the laws of the applicable -state or local -
govern:nent require otherwise, in which case those laws shall govern.
Future elections to change the percentage to be invested in each
tyre c` Fund may only be made prior to and for the next
succcac!ing annual period of service for which the compensation is
psy'lble by filing written notice thereof With the Retirement
Corporation. Such notice will not be effective until received by the '
Rotiremertt Corporation.
6. Payment of Deferred Compensation. The words "designated
age", Ci used in this Paragraph and in Paragraph 9 of this Plan, shall
mean the designated age which appears in the Joinder Agreement
executad by the participating Employee. These words, as used in
this P-mgraph, in Paragraph 9, and in the Joinder Agreement, shall
also include the following, without repetition therein: "or later, in
the so'- discretion of the Employer, at the end of his employment
agrreen-ent, if Employee continues in the employ of the Employer
after fie attains the designated age." At such time as the Employee
reaches the designated age, becomes permanently disabled, or dies,
whichever occurs first, he, or his beneficiary or beneficiaries,
nominee or estate is/are entitled to receive payment in the Deferred
Comp -oration Account outstanding on the date on which one of
the fo•eyuing occurs. Payments occasioned by the Employee having
reached the designated age, becoming permanently disabled, or by
tus death shall be made in accordance with the provisions of
Paragraph 7 hereof as foliovvs:
a. Payments in monthly, quarterly, semi-annual, or annual
paynents over the period of life expectancy of the Employee in
accordance with the following procedure:
Upon reaching the designated age, or becoming permanently
disabled from permanent full-time employment, whichever
first occurs, the Employee's life expectancy shall be
d-atermined by reference to Standard U.S. Mortality Tables:
the arnounts of assets and accumulations in the Deferred
Compensation Account shall be computed together with a
reasonable rate of return on said assets, less the. amount of
expected monthly distribution, over the life expectancy of
the Employee: and a monthly amount shall then be
mathematically determined, the payment of which, in equal
monthiy installments over the period of the life expectancy
of the Employee, shall completely deplete the said Account
at the end of the last year of life expectancy; or
b. Payments in monthly, quarterly, semi-annual, or annual
payments in accordance with the following procedure:
Unless the Employee's employment terminates prior to the
time he attains the designated age, amounts equal to the
benefits received by the Employer, under retirement annuity
policies, shall be paid to the Employee, at such time as he
attains the designated age; or, in the case of death, payment
to his beneficiary or beneficiaries, nominee or estate pursuant
to the procedures provided in said policies and Paragraphs 7
and 8 of this Plan; or
c. Pavments in monthly, quarterly, semi-annual, or annual
in-.tagments over a period of not exceeding ten (10) years, said
pawn. nts to include a reasonable return on the funds, assets and
I c ^:umulations in the Deferred Compensation Account, less the
a6liotmt of expected monthly, quarterly, semi-annual, or annual
d,.tribution, over the said ten (10) year period; or
d. One lump sum payment.
7. •.� _ , of r,•+.ethocf of Payment. The method of payment shall
le.• - ^•! l;y the Emp!oyer, acting though the Retirement
a. During the Period of Distribution. In the event of the
Employee's death during the period of distribution, the
Employee's beneficiary shall be entitled to receive payments in
accordance with the payment method being employed at the
time of the Employee's death. With the consent of the
Employer, acting through the Retirement Corporation as its duly
authorized agent, said Beneficiary may elect to receive a
lump -sum in lieu of installment payments.
b. Prior to Distribution. In the event of the death of the
Employee prior to the distribution, the funds and assets of the
Deferred Compensation Account shall be paid in accordance
with one of the methods described in subparagraphs a, b, c, or d
of Paragraph 6 hereof. The selection of said method shall be
made by the Employer acting through the Retirement
Corporation as its duly authorized agent.
9. Payment Dates. Payments shall commence on the first day of the
month, following the attainment of the designated age, or tater, on
the first day of the month after the end of his employment
agreement, if Employee continues in the employ of the Employer
after he attains the designated age, or likewise following permanent
disability, or death; and, in the case of installment payments, shall
be made continuously thereafter on the first day of each succeeding
month, or, in the event quarterly, semi-annual, or annual payment
installment periods are applied, then continuously thereafter on the
first day of each succeeding month which begins the time period
(quarterly, etc.) involved until such time. as the Deferred
Compensation Account is depleted in its entirety.
10. Disbursing Agent. The Retirement Corporation shall act as
agent of the Employer for purposes of disbursing cviyments. The
ultimate obligation for making such payments, however, shall
remain with the Employer.
11. Accumulation During the Distribution Period. During the
period of distribution, the Employee or his beneficiary or
beneficiaries, nominee or estate, as the case may be, shall continue
to be credited with all the interest, accumulations, and increments
on the undistributed funds and assets in the Deferred Compensation
Account, until such Account is depleted in its entirety.
12. Section 1. Termination of Employment. Upor, termination of
the Employees services, for any reason other than death, the funds,
assets, and accumulations in the Deferred Compensation Account
shall not be transferred to an account with a new employer of the
Employee, and, instead, they shall remain in the original Account as
assets of the old Employer until such time as they are distributed in
accordance with the provisions of this Plan, except as provided in
Section 2 of this Paragraph.
Section2. Transfer of Employment with Consideration Between
Employers—Tripartite Agreement.
In the event the Employee accepts employment with a new employer
participating in the ICUTA-RC Deferred Compensation Plan, then, if
the past Employer finds that it has no present or future need of the
funds, assets, and accumulations in the said Account for the
payment of its general creditors or for any other purpose
whatsoever, in consideration of its desire to avoid the continuing
expense of maintaining records, and receiving, examining, verifying
and filing annual reports of the Retirement Corporation, and in'
consideration of avoiding the possible future expeses of litigation of
Employee's continuing contractual rights to payment of deferred
compensation on his retirement as herein provided in t e event of
any possible future revocation zinc! withdrawal by i:c Iros: Employer
of the funds, assets, and accumulations in the said cc�..��t, the mist
Employer may, at its: discretion, authorize theRetirement:::.:destres,to:set aside: periodic amounts equal to the percentage or
Corporation, as its agent, to propese to the new Employer that the amount of total periodic compensation deferred;
fords, assdts, and accumulations of the said Account betransferred
WHEREAS, the funds set aside, together with any and all
to the ownership, control, and right. of withdrawal of thenavyinvestments- thereto, are to be exclusively within the dominion,
Lmployar, and to do so in the event the new Employer, in control, and ownership of the Employer, and subject ro the
considere16on of the increased value of the Employee's services by Employer's absolute right of withdrawal, the Employer_ having no
r_=asan of the experience gained while in past employment, agrees interest whatsoever therein;
to accept same, and the respective Employers anti the Employee
sign an appropriate form of Agreement in which the new Employer
also agrees to assume the continuing contractual liability to pay
d=eferreff compensation so transferred upon retirement of the
Employee and the Employer. releases the past Employer from said
continuing obligation to do same.
13. Loss. The Employer shall not be responsible for any loss due
to investment or failure of investment of funds and assets in said
Deterred Compensation Account nor shall the Employer be required
to replace any loss whatsoever which may result from said
investments.
14. Nonassignability of Deferred Compensation. The Employee
during his lifetime shall not be entitled to commute, encumber, sell
or otherwise dispose of his rights to receive deferred compensation
payments 'provided for herein, and the right thereto shall be
nonassignable and nontransferable. In the -event of any attempted
assignment or transfer thereof, the Employer shall have no further
liability under this Agreement.
15. Participation in other Employee Benefit Plans. Nothing herein
contained shall in any manner modify,. impair, or affect the existing
or future rights or shall in any manner modify, impair, or affect the
e:astinn or future rights or interest of the Employee (a) to receive
any erroloyee benefits to which he would otherwise be entitled, or
Ib) as a participant in any future pension plan, it being understood
that the rights and interests of the Employee to any employee
benefit: or as a participant or beneficiary in or under any or all such
plans respectively shall continue in full force and effect unimpaired,
and the Employee shall have the right at any time hereafter to
becor a beneficiary under or pursuant to any and all such plans.
16. D.r:ini:ions. The meaning of any term or terms, phrase, clause,
or scraence used in this Agreement, which is also .used in the
BV -La. -,s of the Retirement Corporation, shall be defined as these
are def:nod in ARTICLE 11, Section 2 of the By -Laws. Masculine
pronou-ii. whenever used herein, include the feminine pronouns,
and singr,!ar includes the plural unless the context requires
another mean:ng.
17. Validity of Agreement. This .Agreement shall not be valid or
enforcP,b;- unless signed by an officer of Employer, authorized, by -
the rgo:erning body of the Employer, as, for example, the City
Council, and unless this Agreement is implemented by the execution
of the Joinder Agreement.
PART II. MASTER TRUST AGREEMENT
AGREEMENT made by and between the aforenamed Employer
and the International City Management Association Retirement
Corporation (hereinafter the "Trustee" or "Retirement
Corporation"). a nonprofit corporation organized and existing
under thy laws of the State of Delaware, for the purpose of investing
and otherwise administering the funds set aside by Employers in
conn,,_tivn with Deferred Compensation Agreements with
E mpi.hv gas. _
t:'H-_REAS, The Employer de sires to enter into agreements with
its Eine;: yeas whereby its Employees agree to defer payments of
specif: •d t:ercentages of or amounts from their total compensation
as "d-- -,d compensation" is defined in said agreements until the
_;-.';, 1:1 orris-• that cher^ will b i sufficient funds ivoi!ab!e
ro d- th, tun:y ,:ng conr:aaaal obligations, the Employer
NOW, THEREFORE, this Agreement vvitnesseth that (a) the
Employer will pay monies to the Trustee to be placed in deferred
compensation accounts for the Employer; (b) the Trustee covenants
that it will hold said sums, and any other funds wlveh it may receive
hereunder, in trust for the uses and purposes and upon tire tams
and conditions hereinafter stated; and (c) the parties hereto agree as
follows:
ARTICLE 1. General Ditties of the Parties.
Section 1.1 General Duty of the Employer. The Employer shall
make regular periodic payments equal to the percentages of or
amounts from its participating Employees' total periodic
compensations which are deferred in accordance with the terms and
conditions of Deferred Compensation Employment Agreements
with such Employees, or with any subsequent modification thereof.
Section 1.2. General Duties of the Trustee. The Trustee shall
hold all funds received by it hereunder, which, together with the
income therefrom, shall constitute the Trust Funds. It shall
administer the Trust Funds, collect the income thereof, and make
payments therefrom, all as hereinafter provided. The Trustee shall
also hold all Trust Funds which are transferred to it as successor
Trustee by the Employer from existing deferred compensation
arrangements with its Employees which meet the same Internal
Revenue Code requirements which govern the ICMA-RC D^ferred
Compensation Plan. Such Trust Funds shall be subject to all of the
terms and provisions of this Agreement.
ARTICLE II- Powers and Duties of the Trustee in Investment,
Administration, and Disbursement of the Trust Fund.
Section 2.1 Investment Powers and Duties of the Trusted. The
Trustee shall have the power in its discretion to invdst and reinvest
the principal and income of the Trust Fund and keep the Trust
Fund invested, without distinction between principal and income, in
such securities or in other property, real or pe ,anal, wherever
situated, as the Trustee shall deem advisable, including, but not
limited to, stocks, common or preferred, bonds, retirement annuity
and insurance policies, mortgages, and other evidenrr% of
indebtedness or ownership, and in common trust :unds of np roved
financial or investment institutions, with such ii.s-,itutions acl.rig as
Trustee of such common trust funds, or separate and different types
of funds (accounts) including equity, fixed-incom, and those which
fulfill requirements of state and local governmental laws, established
with such approved financial or investment institutions. For these
purposes, this Trust Fund may be commingled with others
established by the Trustee under this form of agreement with other
Employers. In making such investments, the Trustee shall not be
subject at any time to any legal limitation governing the investment
of such funds. Investment powers and investment discretion vested
in the Trustee by this Section may be delegated by the Trustee to
any bank, insurance or trust company, or any investrn,-nt advisor,
manager or agent selected by it.
Section 2.2. Administrative Powers of the Trustee. The Trustee
shall have the power in its.discretion:
(a) To purchase, or subscribe for, any securities or other
property and to retain the sunhe in trust.
(b) To sell, exchange, convey, transfer or t! spore
of any securities or other property held b•: by pnvate
contract, or at Public auction. NO person cstop•; •,,,:h the
Trustee shall be bound to see Ile application n: the t•:,rcnasa
Employer may, at its discretion,- .authorize the Retirement- desires to --set`. aside -periodic amounts equal to the percentage or
Corporation, as its agent, to propose to the new Employer that -the
amount of total periodic compensation deferred; -
funds, assets, and accumulations of the said Account be transferred
to the ownership, control, and right of withdrawal sof the new - -.WHEREAS,. the fundsset aside, together with any and all
investments thereto, are to be exclusively within the dominion,
Employer, and to do so in the event the new Employer, in
consideration of ;he increased value of the Em to ee' control, and ownership of the Employer, and subject to the
Employee's y s services by Employer's absolute right of withdrawal, the Employee having no
-r:ason of the experience gained while in past employment, agrees
interest whatsoever therein;
to accept same, and the respective Employers and the Employee
si,tn an appropriate form of Agreement in which the new Employer
also agrees to assume the continuing contractual liability to pay
deferred compensation so transferred upon retirement of the
Employee and the Employee releases the past Employer from said
continuing obligation to do same.
13. Lesses. The Employer shall not be responsible for any loss due
to investment or failure of investment of funds and assets in said
Defem, d Compensation Account nor shall the Employer be required
to re; •lace any loss whatsoever which may result from said
investments.
14. Nonassignability of Deferred Compensation. The Employee
durinu his lifetime shall not be entitled to commute, encumber, sell
or otherwise dispose of his rights to receive deferred compensation
payments provided for herein, and the right thereto shall be
ronassignable and nontransferable. In the event of any attempted
assignment or transfer thereof, the Employer shall have no further
liability under this Agreement.
15. Pay,icipation in other Employee Benefit Plans. Nothing herein
contained shall in any manner modify, impair, or affect the existing
or future rights or shall in any manner modify, impair, or affect the
existing or future rights or interest of the Employee (a) to receive
any employee benefits to which he would otherwise be entitled, or
(b) as a participant in any future pension plan, it being understood
that the rights and interests of the Employee to any employee
benefit; or as a participant or beneficiary in or under any or all such
plans a ,pectively shall continue in full force and effect unimpaired,
and the Employee shall have the right at any time hereafter to
become a beneficiary under or pursuant to any and all such plans.
16. Definitions. The meaning of any term or terms, phrase, clause,
or senteno': used in this Agreement, which is also used in the
6y -La -.%s of the Retirement Corporation, shall be defined as these
ate dal:ned m ARTICLE 11, Section 2 of the By -Laws. Masculine
pronouns, whenever used herein, include the feminine pronouns,
and tha singular includes the plural unless the context requires
a nothe, meaning.
17. Validity of Agreement. This Agreement shall not be validor
enforceable. unless signed by an officer of Employer, authorized. by
the go•nrning body of the Employer, as, for example, the City
Council, and unless this Agreement is implemented by the execution
of the Joinder Agreement.
PART II, MASTER TRUST AGREEMENT
AGREEMENT made by and between the aforenamed Employer
and the international City Management Association Retirement
Corporation (hereinafter the "Trustee" or "Retirement
Corporation"), a nonprofit corporation organized and existing
under the laves of the State of Delaware, for the purpose of investing
and otherwise administering the funds set aside by Employers in
connection with Deferred Compensation Agreements with
E mpl w, Res.
WHEREAS, The Employer desires to enter into agreements with
its Empluyees whereby its Employees agree to defer payments of
specifi;-d percentages of or amounts from their total compensation
as "0,,f�rrerl compensation" is defined in said agreements until the
1'Ccr7 ,.:• of certain e`rents;
=+S. m order that there will W_ sufficient funds available
to a,;.... ,. tb� fon,goi:r;I conlryctual oblig:rtions, the Employer
NOW, THEREFORE, this Agreement witnesseth that (a) the
Employer will pay monies to the Trustee to be placed in deferred
compensation accounts for the Employer; (b) the Trustee covenants
that it will hold said sums, and any other Funds which it may receive
hereunder, in trust for the uses and purposes and upon the terms
and conditions hereinafter stated; arid (c) the parties hereto agree as
follows:
ARTICLE 1. General Duties of the Parties.
Section 1.1 General Duty of the Employer. The Employer shall
make regular periodic payments equal to the percentages of or
amounts from its participating Employees' total periodic
compensations which are deferred in accordance with the terms and
conditions of Deferred Compensation Employment Agreements
with such Employees, or with any subsequent modification thereof.
Section 1.2. General Duties of the Trustee. The Trustee shall
hold all funds received by it hereunder, which, together with the
income therefrom, shall constitute the Trust Funds. It shall
administer the Trust Funds, collect the income thereof, and make
payments therefrom, all as hereinafter provided. The Trustee shall
also hold all Trust Funds which are transferred to it as succt:ssor
Trustee by the Employer from existing deferred compensation
arrangements with its Employees which meet the same Internal
Revenue Code requirements which govern the ICMA-RC Deferred
Compensation Plan. Such Trust Funds shall be subject to all of the
terms and provisions of this Agreement.
ARTICLE IL Powers and Duties of the Trustee in Investment,
Administration, and Disbursement of the Trust Fund.
Section 2.1 Investment Powers and Duties of the Trustee. The
Trustee shall have the power in its discretion to invest and reinvest
the principal and income of the Trust Fund aril kttap the Trust
Fund invested, without distinction between principal and income, in
such securities or in other property, real or personal, wherever
situated, as the Trustee shall deem advisable, including, but not
limited to, stocks, common or preferred, bonds, retirem-nt annuity
and insurance policies, mortgages, and other evidences of
indebtedness or ownership, and in common trust funds of approved
financial or investment institutions, with such institutions acting as
Trustee of such common trust funds, or separate and different types
of funds (accounts) including equity, fixed-income, and t•`tose which
fulfill requirements of state and local governrnental-lavvs, establ,shed
with such approved financial or investment institutions. For these
purposes, this Trust Fund may be commingled with others
established by the Trustee under this form of agreement with other
Employers. In making such investments, the Trustee shall not be
subject at any time to any legal limitation governing the investment
of such funds. Investment powers and investment discretion vested
in the Trustee by this Section may be delegated by the Trustee to
any bank, insurance or trust company, or any investment advisor,
manager or agent selected by it.
Section 2.2. Administrative Powers of the Trustee.. The Trustee
shall have the power in its discretion:
(a) To purchase, or subscribe for, any securities or other
property and to retain the same in trust.
Ib) To sell, exchange, convey, transfer or otherndse cFspose
of any securities or other property held by, u, by pnvite
contract, or at public auction. No person c=.v•.%Jtii the
Trustee shall be bound to see the application a::f,r purchase
(c) To yore upon any stocks, bonds, or other securities; to `, '^'u E, on oy tmpioyer. The Trustee may
rely upon any certificate, notice or direction purporting to have
give r_r.eral or special proxies or powers of attorney with or been signed on behalf of the Employer which the Trustee believes to
wit
10ut power of substitution; to exercise any conversion have been signed by a duly designated official of the Employer. No
mMieyes, subscription rights, or other options, and to make communication shall be binding upon any of the Trust Funds or
any payments incidental thereto; to oppose, or to consent to, Trustee until the "
Y -ire received by the Trustee,
or otherwise participate in, corporate reorganizations or
other changes affecting corporate securities, and to delegate Section 3.2. Advice of Counsel. The Trustee may consult •rtith
discretronary powers, and to pay any assessments or charges any legal counsel with respect in the cunstruc;ion of this
Agreement, its duties hereunder, or any act, which it prortuses to
in connection therewith; and generally to exercise any of the
pot^:ers of an owner with respect to stocks, bonds, securities take or omit, and shall not be liable For any action taken or o�:ritted
or other property held as part of the Trust Funds. in good faith pursuant to such advice.
1ff) To cause any securities or other property held as part of
the Trust Funds to be registered in its own name, and to hold
any Investments in bearer form, but the books and records of
tha Trustee shall at all times show that all such investments
are a part of the Trust Funds.
(e) To borrow or raise money for the purpose of the Trust in
such amount, and upon such terms and conditions, as the
Trust?e shall deem advisable; and, for any sum so borrowed,
to issue its promissory note as Trustee, and to secure the
re, ayruent thereof by pledging all, or any part, of the Trust
Funds. No person lending money to the Trustee shall be
bound to see the application of the money lent or to inquire
into its validity, expediency or propriety of any such
barroviing.
(f) To keep such portion of the Trust Funds in cash or cash
balances as the Trustee, from time to time, may deem to be
in the best interests of the Trust created hereby, without
liability for interest thereon.
Ig) To accept and retain for such time as it may deem
advisable any securities or other nroperty received or
ac(;uir•d by it as Trustee hereunder, avhether or riot such
s_curilies nr ether property would normally be purchasedas
In VFSUtlents hereunder.
(h) To stake, execute, acknowledge, and deliver any and all
docwTvents of transfer and conveyance and any and all other
iiittruments that may be necessary or appropriate to carry
oat the powers herein granted.
(i) To settle, compromise, or submit to arbitration any
da•;ns, debts, or damages due or owing to or from the Trust
Fund;; to commence or defend suits or legal or
administrative proceedings; and to represent the Trust Funds
in all suits dnd legal and administrative proceedings.
(j) To do all such acts, take all such proceedings, and
exercise all sucn rights and privileges, although not
specifically mentioned herein, as the Trustee may deem
neces--,ry to administer the Trust Funds and to carry out the
Inirp-_+ses of this Trust.
Section 2.3. Distributions from the Trust Funds. The Employer
h:reby appoints the Trustee as its agent for purposes of selecting the
method by which distributions from the Trust Funds are to be
rnadl�, ,s vriell as for purposes of making such distributions. In this
renard ',le berms and conditions sat forth in the Agreements to be
exerut,"d between the Employer and its Employees, and any
suit "t:; end modifications th::reol, are to guide and control the
i r: - :-s pov:e r.
�:Iion 2.4. Valuation of Trutt Funds. At least once a year as of
b•-r!r�a!i:.r, Dates designated by the Trustees, the Trustee shall
tine_ value of the Trust Funds. Assets of the Trtr,t Funds
sial' I. calu^d at their md•rkat veto at un close of business on the
V"'- or, it the aro;Once of readily ascertainab!e market
v .. • Trustee shat' r;E.roimine, in accordance tvit)t methods
Section 3.3. Miscellaneous. Tile Trustee shall use ordinary care
and reasonable diligence, but shall not be liable for any mistake of
judgment or other action taken in good faith, The Trustee shall not
be liable for any loss sustained by the Trust Funds by reason of any
investment made in good faith and in accordance with the
provisions of this Agreement.
The Trustee.•s duties arid obligations shall be limited to those
expressly imposed upon it by this agreement, notwithstanding any
reference of the Plan.
ARTICLE IV. Taxes, Expenses and Compansation of Trustee.
Section 4.1 Taxes. The Trustee shall deduct trom and charge
against the Trust Funds any taxes on the Trust Funds or the income
thereof or which the Trustee is required to pay with respect to the
interest of any person therein.
Section 4.2. Expenses. The Trustee shall deduct from any
charge against the Trust funds all reasnnabla expens. s incurred by
the Trustee in the administration of the Trust Funds, including
counsel, agency and other necessary fees.
ARTICLE V. Settlement of Accounts. The trustee shall
keep accurate and detailed 1cc0ur1r5 of all inv.rstrnenrs, rec•tipts,
di;bursements, and other tranciclions hereunder.
Within. 90 days after the close of each hsc,,t y:rar, the Trustee
shall render in duplicate to the Employer an account of its m=>s and
transactions as Trustee hereunder. If any part o: the Trust Fund
shall be invested through the medium of any common, roll.-cllve. or
commingled Trust Funds, the last annual report o•` •:ucr: Tr,�st Fund,
shall be submitted with and mrorpurated in Ilia ❑r:wtn•t_
If within 90 days after the mailing of the account or any
amended account the Employer has not filed with line;usdee
notice of any objection to any act or transaction of the. Trustae, the
account or amended account shall become an account ;at'd. I f any
objection has been filed, and if the Employer i, satisfied ;hat it
should be withdrawn or if the account is adjusted to the Emntow_r's
satisfaction, the Employer shall in writing filed with the Trustee
signify aoproval of the account and it shall become in account
stated.
When an account becomes an account stated, such account shall
be finally settled, and the Trustee shall be completely jischarged
and released, as if such account had he"n settled and ailcwed by a
judgment or decree of a court of annpetent jurisdlction in an action
or proceeding in which the Trustee and the Employer wkre parties.
The Trustee shall have the right to auply at any time^ to a court
of competent jurisdiction for the judicial settlement of rs cccounit.
ARTICLE VI. Resignation and Removal of Trustee.
Section 6.1. Resignation of Trustee. The Trustee rnav ri•sign a;
any time by filing with We Empicyer its t•,ritwo reiirnaiton. Such
resignation shall take effect 6o days from th= date of such filing aid
upon appointment of a sueces;or pursuant to Seenor. Si. s, �•:'dch+ver
shall first occur.
Section 6.2. Removal of Tnrstae. Ttn: Emil!-,; n r,.mot;e
the Trustee at any tir^.e by dolivering to the l ruse a ,.,.,. %-- , nodi••
Srction 6.3. Appointment of Successor Trustee. The
appoi tinant of a successor to the Trustee shall take effect upon. the
cL•livery to the Trustee (a) an instrument in writing executed by the
Ev,pl,,yer appointing such successor, and exonerating such successor
from 'cability for the acts and omissions of its predecessor, and (b)
an acceptance in writing, executed by such successor.
All of the provisions set forth herein ,,with respect to the Trustee
shall relate to each successor with the same force and effect as if
such successor had been originally named as Trustee hereunder.
If n successor is not appointed within 60 days after the Trustee
gives notice of its resignation pursuant to Section 6.1, the Trustee
may aoply to any court of competent jurisdiction for appointment
of a successor.
Sertion 6.4 Transfer of Funds to Successor. Upon the
resignation or removal of the Trustee and appointment of a
successor, and after the final account of the Trustee has leen
properly settled, the Trustee shall transfer and deliver any of the
Trust Funds involved to such successor.
ARTICLE VII, Duration and Revocation of Trust Agreement.
Section 7.1. Duration and Revocation. This Trust shallcontinue
for such :ime as may be necessary to accomplish the purpose for
which it was created but may be terminated or revoked at any time
by the Employer as it relates to any and/or all related participating
Employees. Written notice of such termination or revocation shall
be liven to the Tntstee by the Employer. Upon termination or
distribution date to any and/or each Employee with v,hom the
Employer has entered into a Daferred Compensation Employment
Agreement.
Section 7.2. Amendment. The Employer shall have the right to
amend this Agreement in whole and in part but only with the
Trustee's written consent. Any such amendment shall become
effective upon (a) delivery to the Trustee of a written instrument of
amendment, and (b) the endorsement by the Trustee on such
instrument of its consent thereto.
ARTICLE Vlll. Miscellaneous.
Section 8.1. Laws of the State of Delaware to Govern. This
agreement and the Trust hereby created shall be. construed and
regulated by the laws of the State of Delaware.
Section 8.2. Successor Employers. The term "Employer" shat)
include any person who succeeds the Employer and who adopts the
Deferred Compensation Plan of the Retirement Corporation and
becomes a party to this agreement with the consent of the Trustee.
Section 8.3. Withdrawals. The Employer may, at any time, and
from time to time, withdraw a portion or all of the Trust Funds
created by this Agreement and related Deferred Compensation
Employment Agreements.
Section 8.4. Definitions. Definitions in the By -Laws of terms,
phrases, etc., used herein apply to the same herein, The masculine
includes the feminine and tho singular includes the plural unless the
context requires another meaning.
of its removal and an appointment of a successor. pursuant -to
-revocation-of this Trust, all: of the assets thereof shall return
to and
Section 6.3. Such
removal shall not take effect prior to 60 days
revert to the Employer. Termination of this Trust
r l
shall
from such delivery
unless the Trustee agrees to anearliereffectiv=e
however, relieve the Employer of the Employer's
not,
continuing -
cfate.
- -
- obligation to
g 'pay deferred compensation upon the
-
applicable -
Srction 6.3. Appointment of Successor Trustee. The
appoi tinant of a successor to the Trustee shall take effect upon. the
cL•livery to the Trustee (a) an instrument in writing executed by the
Ev,pl,,yer appointing such successor, and exonerating such successor
from 'cability for the acts and omissions of its predecessor, and (b)
an acceptance in writing, executed by such successor.
All of the provisions set forth herein ,,with respect to the Trustee
shall relate to each successor with the same force and effect as if
such successor had been originally named as Trustee hereunder.
If n successor is not appointed within 60 days after the Trustee
gives notice of its resignation pursuant to Section 6.1, the Trustee
may aoply to any court of competent jurisdiction for appointment
of a successor.
Sertion 6.4 Transfer of Funds to Successor. Upon the
resignation or removal of the Trustee and appointment of a
successor, and after the final account of the Trustee has leen
properly settled, the Trustee shall transfer and deliver any of the
Trust Funds involved to such successor.
ARTICLE VII, Duration and Revocation of Trust Agreement.
Section 7.1. Duration and Revocation. This Trust shallcontinue
for such :ime as may be necessary to accomplish the purpose for
which it was created but may be terminated or revoked at any time
by the Employer as it relates to any and/or all related participating
Employees. Written notice of such termination or revocation shall
be liven to the Tntstee by the Employer. Upon termination or
distribution date to any and/or each Employee with v,hom the
Employer has entered into a Daferred Compensation Employment
Agreement.
Section 7.2. Amendment. The Employer shall have the right to
amend this Agreement in whole and in part but only with the
Trustee's written consent. Any such amendment shall become
effective upon (a) delivery to the Trustee of a written instrument of
amendment, and (b) the endorsement by the Trustee on such
instrument of its consent thereto.
ARTICLE Vlll. Miscellaneous.
Section 8.1. Laws of the State of Delaware to Govern. This
agreement and the Trust hereby created shall be. construed and
regulated by the laws of the State of Delaware.
Section 8.2. Successor Employers. The term "Employer" shat)
include any person who succeeds the Employer and who adopts the
Deferred Compensation Plan of the Retirement Corporation and
becomes a party to this agreement with the consent of the Trustee.
Section 8.3. Withdrawals. The Employer may, at any time, and
from time to time, withdraw a portion or all of the Trust Funds
created by this Agreement and related Deferred Compensation
Employment Agreements.
Section 8.4. Definitions. Definitions in the By -Laws of terms,
phrases, etc., used herein apply to the same herein, The masculine
includes the feminine and tho singular includes the plural unless the
context requires another meaning.
RESOLUTION NO. 74-537
RESOLUTION AUTHORIZING TIIE REMOVAL OF CERTAIN
PARKING METERS ON DUBUQUE STREET
WHEREAS, the City Council of the City of Iowa City, Iowa,
deems it in the public interest and in the interest of traffic
safety, to remove the four metered parking spaces immediately
south of said entrance as far as the intersection of Burlington
and Dubuque Streets,
WHEREAS, the Ordinances of the City of Iowa City, Iowa,
provide that the City Council may remove such meters and
meter zones by Resolution.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TIIE
CITY OF IOWA CITY, IOVIA, as follows:
1) that four metered parking spaces immediately south
of said entrance as far as the intersection of Burlington
and Dubuque Street be removed
2) That the City Manager is hereby authorized and directed
to take all steps necessary to carry out the provisions
of this Resolution, to remove four metered parking spaces
in said area.
3) That this Resolution shall be in effect after the removal
of said parking meters.
It was moved by Davidsen and seconded by White
that the Resolution as ;-n-aA be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
X Davidsen
X deProsse
X White
Passed and approved this 10th day of December 1974.
ATTEST
to this Resolution and by this reference made a part hereof, and
WHEREAS, the City Council deems it in the public interest to enter
into said contract.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL.
1. That the Mayor and City Clerk are hereby authorized and directed
Tri-State Aero Engineering Company
to execute the Agreement with for photomapping, cost not to exceed
�zu,uuu.
2. That the City Clerk shall furnish copies of said Agreement to any
citizen requesting same.
It was moved by Brandt and seconded by deProsse that
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
Czarnecki
Davidsen
deProsse
White
Passed and approved this 10th day of December 19 74
�/� 0�il�./L� mac_/
ATTEST:!
City.. Clerk
This Agreement, made and entered into this day of _December
19 Z4, by and between the City. of Iowa City, a municipal corporation, hereinafter
referred to as the City and Tri-State Aero Engineering Company
doing business as Aerial Mapping Consultants
with main offices at Bettendorf. Iowa hereinafter referred to as the
Consultant.
NOW THEREFORE, it is hereby agreed by and between the parties hereto
that the City does hereby retain and employ the said Consultant to act for
and represent it in all engineering matters involved in the terms of this
Agreement. Such contract of employment to be subject to the following terms
and conditions and stipulations, to -wit:
1) Consultant shall not commit any of the following employment
practices and agrees to prohibit the following practices in any subcontracts.
a) To discharge from employment or refuse to hire any individual
because of his race, color, religion or national origin.
b) To discriminate against any individual in terms, conditions
or .privileges of employment because of his race, color, religion or
national origin.
2) The Consultant shall assist in the preparation of notice to
contractors and shall provide assistance in the preparation of plans and
specifications for prospective bidders, -if any construction be the end
product of this Agreement: -It-is further agreed that the end product of
this Agreement shall be determined at the time of signing of this Agreement
and entered hereon. The.end product of this Agreement is agreed to be and
include, to -wit:
A. Basic Services
1. Photomapping of Ralston Creek and Willow Creek drainage basins on
24" x 36" 3 mill mylar at scale of 1 to 100 with a 2 -foot contour
interval. Mapping to -be done from -photos -taken under a previous
agreement.
2. Photomapping of Iowa City on 24" x 36" 3 mill mylar at scale of 1
to 50 with 1 -foot contour interval on an as required basis.
Said description to be referred to hereafter as, "The i'roject".
3) The City shall provide the services"'of a competent attorney, experienced
in legal matters pertaining.to the -type -of work required'by the Project. The
Consultant shall 'and assist said attorney and shall comply with 811
reasonable requests made by said attorney during the course of discharge of his
duties as attorney for.the City.
4) . The Consultant shall complete the required photo -mapping services
per the following schedule:
a. Willow Creek - Preliminary Manuscripts by December 1, 1974
b. Ralston Creek - Preliminary Manuscripts by March 15, 1975
c. All services under this contract by May 15, 1975.
5) Should the City abandon the Project before the Consultant shall complete
the work contemplated by -this --Agreement;. said Consultant shall be paid on the
basis of direct hourly: -rates as herein attached for the various classes of
personnel actively engaged on the project for all -work completed and for all
work -.-id services performed up to the time of termination. It is further agreed
that upon 30 days notice, either party may terminate this Agreement, but such
termination does not indicate or release either party from any rights or legal
actions they may have as a result of such termination.
6) .This Agreement and each and every portion thereof shall be binding upon
the successors and the assigns of the parties hereto. Provided, however, that
no assignment shall be made without the written consent of all parties to said
Agreement.
7) It is understood and agreed that the employment of the Consultant by
the City for the purposes of said Project shall be exclusive, but the Consultant
shall have the right to employ such assistants as may be required for the
performance of the Project. Said Consultant shall be responsible for the
compensation, insurance and all clerical detail involved in their employment.
8) The Consultant, upon request of the City, hereby agrees to furnish a
resident project representative in order to provide more extensive representation
at the Project site during the construction phase.
a. None
10)' Consultant further agrees to furnish the City with a list of all
employment positions expected to be required to perform resident engineering
pursuant to this Agreement including the hourly rate of pay budgeted for
such employment.
11) It is agreed by the City that all records and files pertaining to
information needed for said Project will be made available by said City upon
request of the Consultant. The City further agrees to furnish all reasonable
assistance in the use of these records and files.
12) It is further agreed that no party to this Agreement will be required,
nor will perform contrary to any State, Federal or County law or any of the
ordinances of the City of Iowa City, Iowa.
13) It is further agreed that in the event of any disagreement as to the
meaning or scope of this Agreement that cannot.be worked out to the mutual
satisfaction of both parties concerned, ,the disagreement shall be referred to
a three member Arbitration Panel with one member selected by the City, one
selected by the Consultant and' the `third to be selected by the two Arbiters.
Each party will be finally and fully bound by the decision of the Arbitration
Panel and said panel shall have full authority to allocate the costs of such
arbitration between the parties. Nothing herein shall be construed as
preventing subsequent appeal to a Court of law from the decision of the
Arbiters but such costs and expenses of said appeal shall be borne by the
appealing party.
14) The Consultant shall assist and where reasonably required by the
attorney for the City or the Manager of the City, be present for any
preparation of, letting or analysis of contracts dealing with said Project.
Any requirements made by the above named representatives of the City shall
be given with reasonable time to appraise the Consultant so that he may
attend. Such requests shall be made in writing to the Consultant.
15) Said Consultant shall exercise general services in the administration
of all construction contemplated by the Project.
16) The Consultant agrees to furnish, upon termination of this Agreement
and upon demand by the City, copies of all basic survey notes and sketches,
charts, computations and any other data prepared or obtained by the Consultant
pursuant to this Agreement, without the cost and without restriction or
limitation as to their use.
17) Consultant agrees to furnish all plans of engineering with the seal of
a professional engineer affixed thereto where such seal is required by law.
■
■
ngraemnn� /J
18) The City agrees to tender to the Consultant all fees and money in
accordance with the sc: ule:that follows except' that failure by the Consultant
to satisfactorily perform in'accordance .with 'this*Agreement 'shall constitute
grounds for the 'City to withhold payment in an amount sufficient to properly
complete the Project inaccordancewith this Agreement.
19) Should any sectiop of this contract be found to be invalid it is
agreed that all other sections shall remain in full force and effect as
though severable from the part invalid.
20) The City agrees that should said City require any changes in the
basic project as described herein, after the plans and specifications have been
approved by the City, the City will pay said Consultant on the basis of direct
hourly rates as herein attached for the various classes of personnel actively
engaged on the project. Said changes, after said final approval being described
in a written Agreement signed by.all parties or their representatives that are
parties to this Agreement. Said Agreement as to changes shall definitely and
distinctly refer to this Agreement and incorporate same by a reference therein.
Itis understood that "changes" is defined to mean a basic change in the description
or intent of the Project as hereinbefore described.
21) The City further agrees that should said City extend the completion
date beyond the date specified herein, the Consultant shall be entitled to
receive. his actual costs incurred beyond such limit.
22) Actual cost for the purpose of this contract shall be defined as
materials cost, plus actual payroll cost, social security and retirement deduction.
Said Consultant shall, upon demand, furnish receipts therefore or certified copies
thereof.
23) All traveling expense incurred while specifically dealing with this
Project by the Consultant shall be paid by the City at actual cost. Said
Consultant shall, upon demand, 'furnish receipts therefore or certified copies
thereof.
24) The City hereby agrees to pay for the services stipulated herein on the
basis of the following fees:
a. Mapping on 24" x 36" 3 mill mylar at -scale of 1 to 100 with 2 -foot
contour interval:
1.
Rural -
$2.60
per
acre
2.
Urban -
$3.75
per
acre
Total billing for Ralston Creek and Willow Creek Watersheds shall
not exceed $20,000.00
b. Mapping on 24" x 36" 3 mill mylar at scale of 1 to 50 with 1 -foot
contour interval on an as required basis:
1.
Rural
- $7.00
per.acre
2.
Urban -
$12.00
per acre
26) All provisions of this Agreement where not specifically defined otherwise
shall be reconciled in accordance with the highest ideals of the engineering
profession and the Code of Ethics therefore, as set forth in the 1972 Suggested
Guide for the Selection and Compensation of.Consulting Engineers and Land Surveyors
published by the Iowa Engineering Society.
The undersigned do hereby covenant and state that this contract is
executed in triplicate as though each were an original and that there are no oral
agreements that have not been reduced to writine irk this instrument.
It is further covenant and stated that there are no other considerations
or monies contingent upon'or resulting from the execution of this Agreement nor
have any of the above been implied by or for any party to this Agreement.
FOR THE CITY: FOR THE CONSULTANT:
Mayor,, City.- of Ira City President
Attest:, City Clerk Attest:
. 1
1
<. ` 7
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a. Class
"C" Beer Permit Application is hereby approved for the following nan¢ed per-
son or persons at the following described locations:
Randall's Foods, 1851 Lower Muscatine Ave.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Dopar6ment.
It was moved by White and seconded by Brandt that the
Resolution as read be adopted, and upon roll call there were:
Brandt
Czarnecki
Davi sen
e rosse
ite
AYEx : NAYS: ABSENT:
X
X
X
Passed this 10th day of December , lg 74
IRESOLUTION TO REFUND BEER PERMIT
WHEREAS, the Suds & Snacks at 314 F. Burl ; ngton _
has surrendered beer permit No -74-153S, expiring June 11 1975
and requests a refund on the unused portion thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer
permit be and the same is hereby cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are
hereby authorized and directed to draw a warrant on the General Fund in the
amount of $37.50, to the _ Leo(i b e db i�.-cj
' --nar� Gale e ; Snacks
for refund of beer permit No. 74-1535 620 Kimball Avenue
It was moved by Davidsen and seconded by White
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt _X
Czarnecki X_
Davidsen X
deProsse X_
White x
Passed this 1 0th day of nate - , 192A_
°1
in Iowa City, Iowa, has surrendered cigarette permit No. 74-114 , expiring
June 30 , 19 75 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 74-114 , issued to Suds $ Snacks
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to draw a warrant on the General Fund in the amount of
as a refund on cigarette permit No. 74-114.
It was moved by Davidsen and seconded by dPPrn-GP that
the Resolution as read be adopted, and upon roll call there were:
Brandt
Czarnecki
Davidsen
deProsse
White
AYES: NAYS:
X
X
X
x
x
ABSENT:
Passed this 10th day of Dec. , 1974
c
a.
a
ra
h
t
O
N
O
t�
CD
w
F-
cn n
r . O
4:�-
Cil
O
N
.P
Cr1
a �i;;
N ^.
m
°
Z
p j4
O
O
w
C
n
4�
IV
n
O
CD
N
�
O
o
�
o
N
y
n
y
n
rt
rt
t
O
N
O
t�
CD
w
F-
cn n
r . O
4:�-
Cil
O
N
.P
Cr1
a �i;;
N ^.
m
°
Z
p j4
W
m
w
C
n
4�
IV
O
t
O
N
O
w
F'
t�
CD
w
F-
cn n
r . O
4:�-
Cil
O
N
.P
Cr1
a �i;;
N ^.
m
°
Z
cm
W
m
w
Cn
n
3
n
CD
N
�
O
w
F'
t�
CD
w
F-
cn n
r . O
4:�-
Cil
O
N
.P
Cr1
a �i;;
N ^.
W
a
w
Cn
n
CD
N
�
0
D
Y
•uopoadsu; of aaa[gns sawil lit, it,
pus otlgnd acp }o mato utsld ut apeuz aq: of st alias ay anagen jaluap oqa Xq pa4sod aq o4 ndoo sig.
` is n
P
m