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HomeMy WebLinkAboutRes 2003-45c RESOLUTION NO.2003-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER. WHEREAS,theMayorandCounciloftheTownofFountainHills(the"Town Council")previouslyestablishedamoneypurchaseretirementplanintheformof"TheICMA Retirement Corporation TownofFountainHillsManagementPlan"(the"Plan")pursuanttothe specificprovisionsofan Adoption Agreement;and WHEREAS,theU.S.Congress hasenactedthe Uruguay Round Agreements Act, UniformedServices Employment and Reemployment RightsAct of 1994,theSmallBusinessJob Protection Act of 1996,the Taxpayer Relief Act of 1997,the Internal Revenue Service Restructuring and Reform Actof1998andthe Community RenewalTax Relief Actof2000 (hereinafter collectively referred toas "GUST");and WHEREAS,theU.S.Congress has enacted the Economic Growth andTax Relief Reconciliation Act of 2001 ("EGTRRA");and WHEREAS,the Town Council desires to amend and restate the Plan to include all changesrequiredbyGUSTandtoadoptagoodfaith amendment tocomplywithEGTRRA. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HELLS,ARIZONA,as follows: SECTION 1.That the Town hereby amends and restates the Plan in the form of 'The ICMA Retirement Corporation Governmental Money Purchase Plan &Trust." SECTION 2.That the Town hereby agrees to serve as trustee (the "Trustee")under the Plan. SECTION 3.That the assets of the Plan shall be held in trust,with the Trustee,for the exclusive benefit of the Town Manager andhis beneficiaries,andthe assets shallnotbe diverted toanyotherpurpose.The Trustee's beneficial ownership ofthePlanassetsheldinVantage Trust shallbeheldforthe further exclusive benefit of the Town Manager andhis beneficiaries. SECTION 4.That the Mayor,the Town Manager,the Town Clerk andthe Town Attorney are hereby authorized and directed totakeall steps necessary to carry outthe intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.0011 ResolutionsV 2003-45 TMMoneyPlan.res.doc 8-14-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, (Arizona,September 4,2003. FOR THE TOW TAIN HILLS: TimG.Pickering,Town Manager 9196.001VResolutionsV2003-45TMMoneyPIan.res.doc 8-14-03-1 ATTESTED TO: Bevelyn J.B^nder^town Clerk APPROVED AS TO FORM: Q..i M'h,„ AndrewJ.McGuire,TownAttorney