HomeMy WebLinkAboutRESOLUTIONS 1975j
R E S 0 L U T I 0 N 37-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
That the Town Administrator is hereby authorized
and directed to sign the contract by and between the Larimer—
Weld Regional Council of Governments and the Town of Estes
Park regarding the 1975—76 7O1”Planning Program.
Adopted:December 9,1975
RESOLUTION 36-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
That the Town Clerk issue an air space permit
to Mr.James Swickard as per Mr.Swickard’s letter dated
December 4,1975.
Adopted:December 9,1975
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RESOLUTION 35-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORDC):
That the Mayor and Town Clerk are hereby authorized
and directed to sign the lease agreement between the Town of
Estes Park and the Estes Park Area Chamber of Commerce for the
Tourist Information Center.
Adopted:November 25,1975
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RESOLUTION 34-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That Ernest G.Hartwell,Town Attorney,and Colton W.
Babcock,Jr.,Assistant Town Attorney,be and they are hereby
authorized and directed on behalf of the Town of Estes Park,
Colorado,to enter their appearance and take all necessary
action to defend the Defendant,Town of Estes Park,Colorado,
in the case of Walter McC.Maitland,et al.vs.Escape Prop
erties Ltd.,et al.,Civil Action No.28448 in the District
Court in and for the County of Larimer,State of Colorado.
Adopted:November 25,1975
C.a
RESOLUTION 33_75
WHEREAS,the Town of Estes Park has entered into an
Agreement with Professional Design Builders,Inc.,for the
construction of an “Information Center Building,”which build
ing is to serve as a tourist information center;and
WHEREAS,the construction of said building is assured
by said Agreement,a Performance Bond and a Labor and Materials
Payment Bond;and
WHEREAS,the Town of Estes Park has appropriated funds
which,together with the funds now held in accordance with
that certain Escrow Agreement between the Town of Estes Park,
as party of the first part,and The Estes Park Bank and the
First National Bank of Estes Park,as parties of the second
part,are sufficient to pay for said “Information Center Build
ing.”
NOW,THEREFORE,BE IT RESOLVED by the Board of Trus
tees of the Town of Estes Park,Colorado,that the Town of
Estes Park,Colorado,deems the conditions of said Escrow
Agreement to have been fulfilled;therefore,all funds de
posited with second parties are now vested in first party.
Adopted:October 22,1975
State of Colorado
County of Larimer
Town of Estes Park
I,Dale G.Hill,being the duly appointed and acting Town
Clerk of the Town of Estes Park,Colorado,do hereby certify the
above to be a true and correct copy of a Resolution passed and
adopted by the Board of Trustees of the Town of Estes Park,at
a regular meeting held on the 28th day of October 1975.
TOWN OF ESTES PARK
flr1 (rHil
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R E S 0 L U T I 0 N 32-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized
and directed to sign the Contract by and between the Town
of Estes Park and Professional Design Builders,Inc.
regarding construction of Public Rest Rooms in parking lot
#4 and the Tourist Information Center.
Adopted:October 14,1975
RESOLUTION 31-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the Agreement by and between the Town of Estes
Park and the Park Hospital District regarding ambulance service.
Adopted:September 24,1975
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R E S 0 L U T I 0 N 30-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That after reviewing the report dated August 28,1975
by the Town consulting engineers,DMJM-Phillips.Reister,Inc.,
and in consideration of the report to the Board of Trustees the
Town finds the Cap Construction Company,Inc.bid in the amount
of $33,906.42 is the lowest responsible bid and therefore awards
the contract to Cap Construction Company.
Adopted:September 9,1975
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RESOLUTION 29-75
WHEREAS,the Town of Estes Park,Colorado,has
been named a Defendant in Civil Action No.25332,Victor H.
Walker,et al.,v.Alma E.Bond,et al.,now pending in
the District Court in and for the County of Larimer,State
of Colorado;and
WHEREAS,said action pertains to certain real
property therein described,which is platted as a public
street but which has long been occupied by the Plaintiffs
and their successors in title;and
WHEREAS,the Town’s attorneys have advised the Town
that,in their opinion,the Town no longer has a valid
claim to said property as a public street;and
WHEREAS,the Plaintiffs have offered to execute a
quitclaim deed to the Town for adjacent property which is a
portion of a platted lot but which has long been occupied
as a public street.
NOW,THEREFORE,BE IT RESOLVED by the Board of
Trustees of the Town of Estes Park,Colorado,as follows:
That,upon receipt of said quitclaim deed,in a
form satisfactory to the Town’s attorneys,the Town’s attor
neys are authorized and directed to file a Disclaimer in
said action in order to save costs.
Adopted:September 9,1975
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RESOLUTION 28-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
WHEREAS the Board of Trustees of the Town of Estes Park
did on July 22,1975 adopt Ordinance number 21-75;and
WHEREAS Ordinance number 21-75 provides for the appoint
ment of a “Town Administrator”;and
WHEREAS Ordinance number 21-75 provides the Town Adminis
trator propose an administrative organization plan.
NOW,THEREFORE,BE IT RESOLVED by theBoard of Trustees
of the Town of Estes Park,Colorado,as follows:
Section 1.That Dale G.Hill be and is hereby rearpointed
Town Administrator by the Board of Trustees
of the Town of Estes Park as was previously
appointed on April 8,1974.
Section 2.That the administrative organization plan
entitled Schedule A attached to this reso
lution be and is hereby readopted by the
Board of Trustees of the Town of Estes Park as
was previously adopted on September 10,1973.
Adopted:August 12,1975
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RESOLUTION 27-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the “SAFER ROADS DEMONSTRATION PROJECT”
agreement by and between the Town of Estes Park and the State
Department of Highways,Division of Highways -State of Colorado.
Adopted:July 22,1975
RESOLUTION 26-75
WHEREAS,this Board of Trustees of the Town of Estes
Park,Colorado,has reviewed Revenue Bond financing plans pro
posed for the Platte River Power Authority (“Platte River”),
including specifically,that certain resolution proposed for
adoption by the Board of Directors of the Platte River Power
Authority entitled “General Bond Resolution,”a copy of which
is on file with the Town Clerk;and
WHEREAS,Platte River needs to increase its available
interim financing by $5,000,000 and extend the maturity date
of all interim financing to October 1,1975,so as to have
adequate funds for construction financing and greater flexi
bility in timing the marketing of such Revenue Bond financing,
which need is recognized and acknowledged by this Town Board;
and
WHEREAS,Platte River has borrowed from First National
Bank,Fort Collins,Colorado,(the “Bank”)and from Morgan
Guaranty Trust Company of New York (“Morgan”)the total sum
of $11,500,000 under the terms of various agreements,to—wit:
1.Agreement dated July 25,1973,between Platte
River and Bank,by which the sum of $4,000,000
was borrowed;
2.Agreement dated September 18,1974,between
Platte River and Morgan,by which the sum of
$2,500,000 was borrowed;
3.Agreement dated May 2,1975,between Platte River
and Morgan,by which the sum of $5,000,000 was
borrowed;and
WHEREAS,the repayment of each loan is assured by the
terms of the loan agreements,and the documents evidencing the
loan,and by the resolutions of this Town and other partici
pants acknowledging their obligation to provide Platte River,
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on a pro—rata basis,with sufficient funds,to the extent
necessary to enable Platte River to repay all principal and
interest due on said notes at maturity;and
WHEREAS,it is desirable that the terms of the loans
should be extended,the loan agreements modified,and one of
the loans increased;and
WHEREAS,the Town Board is fully advised in the prem
ises.
NOW,THEREFORE,BE IT RESOLVED by the Board of Trustees
of the Town of Estes Park,Colorado,as follows:
Section 1.That the Memorandum Agreement between Morgan
Guaranty Trust Company of New York,First National Bank,Platte
River Power Authority,the Town of Estes Park,Colorado,the
City of Fort Collins,Colorado,the City of Loveland,Colorado,
and the City of Longmont,Colorado,a copy of which agreement
is attached hereto and made a part of this resolution,is
approved:
That the proper officers of the Town of Estes Park,
Colorado,are authorized and instructed to execute said memo
randum agreement on behalf of the Town of Estes Park,Colorado;
and
That such memorandum agreement constitutes a valid
and legally binding obligation of the Town of Estes Park,Colo
rado.
Section 2.The general terms and conditions for the
issuance of the Platte River Power Authority Electric Revenue
Bonds,as set forth in the General Bond Resolution,are hereby
approved,and the representative of this Town on the
Board of Directors of Platte River is hereby authorized and
directed to vote in favor of the adoption of said General Bond
Resolution by the Board of Directors of Platte River,substan
tially in the form submitted to this Board and on file with
the Town Clerk,together with such changes to Article II thereof
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as may be deemed necessary to make such Electric Revenue
Bonds more marketable.
Section 3.This Town Board does hereby acknowledge
that Section 6.12 of the General Bond Resolution requires
Platte River to maintain rates so as to provide net revenues
equal to at least 1.25 times annual debt service to avoid de
fault,which means that a rate in excess of that level is
considered necessary and desirable by the financial community,
and this Town Board does hereby recognize and agree that such
rate and rate covenant was contemplated and intended by
Section 2(b)(iii)of the September 5,1974,Contract For
Electric Power And Energy between this Town and Platte River.
I,Dale G.Hill,Town Clerk of the Town of Estes Park,
Colorado,do hereby certify that the above is a true copy of
a Resolution duly adopted by the Board of Trustees of the Town
of Estes Park,Colorado,at a regular meeting of said Board
held on July 22,1975.
‘
Town Clerk
(SEAL)
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RESOLUTION 25-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the Supplemental Agreement by and between
the Town of Estes Park and Gibson’s Ambulance Service,Inc.
regarding ambulance services.
Adopted:July 8,1975
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RESOLUTION 24-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Town Clerk are hereby authorized and
directed to sign the “MUNICIPAL SUBDISTRICT,NORTHERN COLORADO
WATER CONSERVANCY DISTRICT,APPLICATION FOR TRANSFER OF ALLOTMENT
CONTRACT”transferring all of its right,title and interest in
40 units of water to the Platte River Power Authority.
Adopted:July 8,1975
I,Dale G.Hill,being the duly appointed and acting Town
Clerk of the Town of Estes Park,Colorado,do hereby certify the
above to be a true and correct copy of a Resolution oassecl and
adopted 5y the Board of Trustees of the Town of Estes Park,at a
regular meetina held on the 8th day of July,1975.
TOWN OF ESTES PARK
Dale (‘.Hill
Town Clerk
RESOLUTION 23-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That Ernest G.Hartwell,Town Attorney,Colton W.Babcock,
Jr.,Assistant Town Attorney,and Gregory A.White,Assistant
Town Attorney,be and hereby are authorized and directed on
behalf of the Town of Estes Park,Colorado to take whatever
legal action necessary to enforce the Municipal Code in regard
to the apparent violation of Frank Williams,Tract 20,Fall
River Addition and Carl Vogel,Fish Creek Road,Community
Addition.
Adopted:June 24,1975
RESOLUTION 22-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the authorization granted by the Board of Trustees
on June 10,1975 regarding the agreement with the Northern
Colorado Water Conservancy District is hereby rescinded and
that the amended agreement between the Town of Estes Park and
the Northern Colorado Water Conservancy District is approved
and the Mayor and Clerk are authorized and directed to sign
this agreement.
Adopted:June 24,1975
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R E S 0 L U T I 0 N 21-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Town Administrator be aopointed to prepare the
budget for 1976.
Adopted:June 24,1975
RESOLUTION 20-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
The Board of Trustees of the Town of Estes Park,
Colorado,finds and determines that the annexation petition
filed by petitioners Maurice R.Thompson,Quentin B.Young-
land,Paul H.Van Horn,Melvin L.Wolf and Billy G.Fogleman
on April 15,,1975,with the Town Clerk of the Town
of Estes Park,Colorado,for the annexation of certain land
described in said petition,is in substantial compliance with
the requirements of section 31—8—107(1),C.R.S.1973;is
eligible to be annexed because there is at least one—sixth
(1/6)contiguity between the municipality and the area seek
ing annexation;and at least two (2)of the following con
ditions exist:
1.More than fifty percent (50%)of the adult resi
dents of the area proposed to be annexed use some of the
recreation,civic,social,religious,industrial or commer
cial facilities of the municipality and more than twenty—five
percent (25%)of its adult residents are employed in the
annexing municipality;
2.Less than one-half (1/2)of the land proposed to
be annexed is agricultural,or,if it is agricultural,less
than one-half (1/2)of the landowners of the total area have
expressed an intention under oath to devote the land to such
agricultural use for at least five (5)years;
3.It is practical to extend urban services which
the municipality normally provides.
The Board of Trustees further finds and determines
that said petition has been signed by the owners of one hun
dred percent (100%)of the property proposed to be annexed,
exclusive of streets and alleys;that the requirements of
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the applicable parts of sections 31-8-104 and 31—8—105,
CR.S.1973,have been met;that an election is not re
quired under section 31—8-107(2),C.R.S.1973;and that
no additional terms and conditions are to be imposed upon
said annexation.
Having found that the property described in said
petition is eligible to become annexed,the Board of Trustees
of the Town of Estes Park,Colorado,will undertake further
annexation proceedings.
Mafror
4)
Date
RESOLUTION 19-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the filing date of the application for a new
Beer,Wine and Liquor License (Hotel,Restaurant)filed
by Walter C.Ewers II and Christopher L.Perryman dba
The Gaslight Pub is June 10,1975,and it is hereby ordered
that a public hearing on said application shall be held in
the Municipal Building,100 MacGregor,Estes Park,Colorado
on July 22,1975,at 7:30 P.M.,and that the neighborhood
boundaries for the purpose of said application and hearing
shall be the area included within a radius of 2.3 miles as
measured from the applicant’s property.
Adopted:June 10,1975
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RESOLUTION 18-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized to sign theAgreementbyandbetweentheMunicipalSubdistrict,Northern
Colorado Water Conservancy District and the Town of Estes Park.
Adopted:June 10,1975
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RESOLUTION 17-75
WHEREAS,the Town has in its employ certain administra
tive,professional and technical personnel;and
WHEREAS,said employees are and will be rendering val
uable services to the Town;and
WHEREAS,the Town has considered the establishment of
a Deferred Compensation Plan for the said employees made avail
able to the Town and to said employees by the International City
Management Association Retirement Corporation;and
WHEREAS,said employees often are unable to acquire
retirement security under other existing and avilable retire
ment plans due to the contingencies of employment mobility;
and
WHEREAS,the Town receives benefits under said plans
by being able to assure reasonable retirement security to said
employees,by being more able to attract competent personnel
to its service,and by increasing its flexibility in personnel
management through elimination of the need for continued employ
ment for the sole purpose of allowing an employee to qualify for
retirement }nefits.
NOW,THEREFORE,BE IT RESOLVED that the Town establish
said Deferred Compensation Plan for said employees and hereby
authorizes its Mayor and Town Clerk to execute the Master Trust
Agreement with the International City Management Association
Retirement Corporation,attached hereto as Appendix A;and
IT IS FURTHER RESOLVED that the Town Administrator may,
on behalf of the Town,execute all Deferred Compensation Employ
ment Agreements with said employees and other eligible officials
and officers,which are necessary for said persons’participa
tion in the plan,an example of which appears at Appendix B,
except that any Deferred Compensation Employment Agreement for
said designated official shall be executed by the Mayor.
Adopted:June 10,1975
r r MASTER BETWEEN TRUST NO.______________________
T•1 TRUST EMPLOYER
be assigned by Trustee)
U Lz:z_Ji AGREEMENT AND DATED AS OF 19
]THELzI\INTERNATIONAL
CITYrMANAGEMENT
ASSOCIATtON
RETIREMENT
CORPORATION,
TRUSTEE
AGREEMENT made by and between ,Co1oad
4 (hereinafter the “Empoyor’)and the Iiternational City Management Association Retirement Corporation (hereinatter the “Trustee”or Retirement
Corporation’),a non-protit corporation organized and existing under the laws of the Stale of Delaware,for the purpose of investing and otherwise
administering funds set aside by Employets In Connection with Deferred Compensation Agreements with Employees.
WHEREAS,THE Employer desires to enter into agreements with Its Employees whereby Its Employees agree to defer payments of specilied
percentages of or amounts from their 101st compensation as ‘deferred compensatlon’Is defined In said agreements until the occurrence of
Certain events;
j WHEREAS,In order that there will be sufficient funds available to discharge the foregoing contractual obligations,the Employer desires
to
set aside periodic amounts equal to the percentage or amount of total periodic compensation deferred;H
WHEREAS,the funds set aside,together With any and all Investments thereto,are to be exclusively withIn the dominion,control,and ij
ownership 01 the Employer,and subject to the Employer’s absolute right of withdrawal,the Employee having no Interest whatsoever therein;
NOW,THEREFORE,this Agreement witnessoth 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;and (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 elso 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 Deferred
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,end 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 Funds and keep the Trust Funds invested,without distinction between principal and Income,In such Securities Ot
In other property,real or personal,wherever situated,as the Trustee shall deem advisable,including,but not limited to,stocks,common or preferred,
bonds,retirement annuity policies,mortgages,and other evidences of Indebtedness or ownership,and In common trust funds of approved financial
or Inveslmont Institutions,with such Institutions acting as Trustee of such common trust funds.For these purposes,these Trust Funds 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.
SectIon 2.2.AdministratIve Powers of the Trustee.The Trustee shall have the power In its discretion:4
(a)To purchase,or subscribe for,any securities or other property and to retain the same in trust.
(b)To sell,exchange,convey,transfer or otherwise dispose of any securities or other property held by It,by private contract,or at public
auction.No person dealing with the Trustee shall be bound to see the application of the purchase money or to Inquire Into the validity,
expediency,or propriety of any such sale or olher disposition.
(c)To vote upon any stocks,bonds,or other securities;to give general or special proxies or powers of attorney with or without power of
substitution;to exercise any conversion privileges,subscription rights,or other options,and to make any payments Incidental thereto;to
oppose,or to consent to,or otherwise participate In,corporate reorganizations or other changes affecting corporate securities,and to
delegate discretionary powers,and to pay any assessments or charges in connection therewith;and generally to exercise any of the powers
of an owner with respect to stocks,bonds,securities or other property held as part of the Trust Funds.
fd)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 4
bearer form,but the books and records of the Trustee shall at all times show that all such Investments are a part of the Trust Funds.
(a)To borrow or raise money for the purpose of the Trust in such amount,and upon such terms and conditions,as the Trustee shall deem
advisable;and,for any sum so borrowed,to issue its promiasory note as Trustee,and to secure the repayment thereof by pledging all,or
any part,of the Trust Funds.No person lending money to the Trustee shall be bound to see to the applIcation of the money lent or to Inquire
Into Its validity,expediency or propriety of any such borrowing.
(I)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.
(g)To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee
hereunder,whether or not such securities or other property would normally be purchased as investments hereunder.
(h)To make,execute,acknowledge,and deliver any and all documents of transfer and conveyance and any and all other instruments that .4
may be necessary or appropriate to carry out the powers herein granted.
(i)To settle,compromise,or submit to arbitration any claims,debts,or damages due or owing to or from the Trust Funds;to commence or
defend suits or legal or administrative proceedings;and to represent the Trust Funds in all suits and legal and administrative proceedings.
(I)To do all such acts,take all such proceedings,and exercise all such rights and privileges,although not specifically mentioned herein,as
the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of thIs Trust.
Sectipn 2.3.DistributIons from the Trust Funds.The Employer hereby appoints the Trustee as us agent for purposes of selecting the method by
which distributions from the Trust Funds are to be made,as well as for purposes of making such distributions.In this regard the terms and conditions
set forth in the Agreements to be executed between the Employer and Its Employees,and any subsequent modifications thereof,are to guide and
control the Trustee’s power.
Section 2.4.ValuatIon of Trust Funds.At least once a year as of Valuation Dates designated by the Trustee,the Trustee shall determine the
value of the Trust Funds.Assets of the Trust Funds shall be valued at their market values at the close of business on the Valuation Date,or,In the
absence of readily ascertainable market values as the Trustee shall determine,In accordance with methods consistently followed and uniformly
applied.
ARTICLE Ill.For Protection of Trustee.
Section 3.1.Evidence of Action by Employer.The Trustee may rely upon any certificate,notice or direction purporting to have been signed on
behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer.No communication shall be
binding upon any of the Trust Funds or Trustee until they are received by the Trustee.
Section 3.2.Advice of Counsel.The Trustee may consult with any legel counsel with respect to the construction of this Agreement,its duties
hefeunder,or any act,which It proposes to take or omit,and shell not be liable for any action taken or omitted In good faith pursuant to such advice.
Section 3.3.Miscellaneous.The 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 ioss.sustalned 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 and obligations shall be limited to those expressly Imposed upon It by this agreement,notwithstanding any reference
of the Plan.
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ARTICLE IV.Taxes,Expenses end Compensation of Trustee.
Section 4.1.Taxes.The Trustee shalt deduct from 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 respoct to the interest of any parson therein.
Section 4.2.Exponsos.The Truetoo shalt deduct from and charge against the Trust Funds alt reasonabte expenses incurrod by the Trustee in
the administration of the Trust Funds,Including counsel,agency end other necessary fees.
ARTICLE V.Settiement of Accounts.The Trustee shall keep accurate and detailed accounts of alt investments,receipts,disbursements,and
other transactions hereunder.
Within 90 days after the close of each fiscal year,the Trustee shall render in duplicate to the Employer an account of Its acts and transactions
as Trustee hereunder.It any part of the Trust Fund shalt be invested through the medium of any common,collective or commingled Trust Funds,
the last annual report of such Trust Funds shalt be submitted With and incorporated in the account.
If within 90 days after the mailing of the account or any amended account the Employer has not filed with the Trustee notice of any objection
to any act or transaction of the Trustee,the account or amended account shall become an account stated.tf any objection has been filed,and If
the Employer Is satisfied that It should be withdrawn or if the account is adjusted to the Empioyer’s satisfaction,the Employer shall in writing fiied
with the Trustee signify approvat of the account and it shalt become an account stated.
When an account becomes an account stated,such account shail be finally settled,and the Trustee shalt be completely discharged and
released,as If such account had been settled and allowed by a judgment or decree of a court of competent ‘urlsdictlon in an action or proceeding
In which the Trustee and the Employer were parties.
The Trustee shall have the right to apply at any time to a court of competent jurisdiction for the judicial settlement of Its account.
ARTICLE Vt.Resignation and Removat of Trustee.
SectIon 6.1.ResignatIon of Trustee.The Trustee may resign at any time by filing with the Employer Its written resignation.Such resignation shall
take effect 60 days from the date of such filing and upon appointment of a successor pursuant to Section 6.3,whichever shall first occur.
Section 6.2.Removal of Trustee.The Employçr may remove the Trustee et any time by delivering to the Trustee a written notice of Its removal
and an appointment of a successor pursuant to Section 6.3.Such removal shalt not take effect prior to 60 days from such delivery unless the
Trustee agrees to an earlier ettective date.
Section 6.3.Appointment of Successor Trustee.The appointment of a successor to the Trustee shall take effect upon the delivery to the
Trustee (a)an instrument in writing executed by the Employer appointing such successor,and exonerating such successor from liability for the
acts and omissions of its predecessor,end (b)an acceptance In writing,executed by such successor.
All of the provisions set forth herein with respect to the Trustee shell relate to each successor with the same force and effect as if such
successor had been originally named as Trustee hereunder.
If a successor Is not appointed withIn 60 days after the Trustee gIves notice of its resignation pursuant to Section 6.1,the Trustee may appty to
any court of competent jurisdiction for appointment of a successor.
Section 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 been properly settled,the Trustee shell 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 shall continue for such time 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 andlor all related participating Employees.Written notice
of such termination or revocation shall be given to the Trustee by the Employer.Upon termination or revocation of this Trust,all of the assets
thereof shall return to and revert to the Employer.Termination of this Trust shall not,however,relieve the Employer of the Employer’s continuing
obligation to pay deterred compensation upon the applicable distribution date to any andlor each Employee with whom the Employer has entered into
e Deferred 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 ot a Written Instrument of amendment,and fb)the endorsement
by the Trustee on such Instrument of Its consent thgreto.
ARTICLE VttI.Miscellaneous.
Section 8.1.Laws of the State of Delaware to Govern.This agreement and the Trust hereby created shell be construed and regulated by the
laws of the State of Delaware.
Section 8.2.Successor Employers.The term “Employer”shall 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.Withdraws.The Employer may,at any time,and from tIme to time,withdraw a portion or all of the Trust Funds crested by this
Agreement and related Deferred Compensation Employment Agreements.
Section 8.4.Definitions.Definitions in the Dy-Laws of terms,phrases,etc.,used herein apply to the same herein.The masculine includes the
feminine and the singular includes the plural unless the context requres another meaning.
IN WITNESS WHEREOF,By the authority of Its governing body,the Employer has executed this Agreement,and the Retirement Corporation
has caused this Agreement to be executed by Its authorized officer and its Seal to be hereunto affIxed,all as of the day and year first above written.
ATTEy2
AUTHORIZED OFFICIAL Town Clerk
(SEAL)
APPROVED AS TO FORM
ATTORNEY FOR THE EMPLOYER
ATTEST (Retirement Corporation):
Secretary Retirement Corporation
Town of Estes Park
Employer
By:
Signature
Trry B..Trgent,Mayor
Print name and title
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT CORP.
By:
ICMA Retirement Corporation
Form 202 8173
[I
jul
nlii
I
Li
F
INTERNATIONAL DEFERRED
CITY COMPENSATION
MANAGEMENT EMPLOYMENT
ASSOCIATION AGREEMENT
RETIREMENT
CORPORATION
Ii
___fl
Li
H
AGREEMENT entered Into thIs 27th day June 19 between
Town of Estes Park,Colorado
(hereinafter referred to as the Employer’),having Its principal office et 0 0 MacGregor Avenue ,Es tes Park ,Co
end IDa le Grant Hi 1 1 (hereInafter referred to as the “Employee”),residing at
1303 Cedar Lane,Estes Park,Colorado 80517
WHEREAS,the Employee Is and will be rendering valuable selces to the Employer In his Capacity as Town Administrator
;and
.WHEREAS,It is the desire of the Employer to have the benefit of his continued loyalty,service and counsel and also to assist the Employee In
providing for the contingencies of old age dependency,disabilily,and death.
IT IS THEREFORE AGREED:
.1.Deferred Compensation.There Is no limit on the amount or percentage of the total compensation of the Employee whIch may be deterred by
L the Employer under the terms of thIs Agreement.For the purpose of this Agreement end the Trust Agreement the following definitions apply:
a.‘Total compensatIon”is the total of compensation to be paid by the Employer for the servIces of the Employee,regardless of the terms
used for Its components,as,for example,“base pay,”“in addition to base pay,”etc.;
b.“Deterred compensation”is that amount or percentage of the total compensation of the Employee which the Employer currently defers
from the payment to the Employee,and,Instead,deposits same Into a deferred compensation account with the Retirement Corporation under
the terms of this Agreement and the atoresaid Trust Agreement;and
,c.“Current compensation”is that portion of the Employee’s total compensation which Is not deferred compensation as deterred compensation
is defined herein.
F The amount of total compensation may be adjusted from time to time without altering the terms of this Agreement.In the event of an adjustment
1 of the total compensation at any time during the lite of this Agreement,the percentages and/or the proportional amounts between them as to the
total compensation as stated below in this Paragraph,may,at the discretion of the parties,remain the same;or,they may be adjusted otherwise by
I the parties.However,the percentage or amount of total compensation agreed upon by the parties as deferred compensation through the use of thIs
procedure will be controlled by the terms of this Agreement.
As of August ,19 75 ,the Employer will commence to pay the Emptoyee In the form of both current and deferred
compensation,as these terms are defined here and specified in the paragraph checked and completed below:
F]fl Deferred compensation shall be $_______________;current compensation wIll be $_______________
1 0 Current compensation shall be $________________;deferred compensation shall be In addition to current compensatIon In the amount of
%of current compensation.
Q Toter compensatIon shall be $23 ,016 5 %of which shall be deferred compensation.
0
I
j
Any future adjustment of the percentage or amount of deferred compensation shall be communicated to the Employer’s agent,the Retirement H
f Corporation,and the deposits In the adjusted percentages and/or amounts,It changed from the prior existing percentages or proportional amounts to
[total compensation,or,If such remain the same percentages or proportional amounts to current or total Compensation,shall thereafter be made by
the Empioyer into its Retirement Corporation Account.
2.Deferred Compensation Account.Deterred compensation shall be credited end paid Into a Trust to be established and maintained with the
.International City Management Association Retirement CorporatIon (herein referred to as the “Retirement Corporation”),as Trustee.The Retirement
Corporation is a non-profit corporation formed for the specific purpose of investing end 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 benetlciary thereof shall have any interest whatsoever In the funds paid into the Deterred
t Compensation Account or in the accumulations or any Increments on such funds,which shell at all times remain as an asset of the Employer,subject
.)to its absolute dominion,control,and right of withdrawal until such time as the funds or assets of the Account are distribuied to the Employee In
k accordance with the provisions of this Agreement.The obligation of the Employer to pay deterred compensation Is contractual only,the Employee
having no preferred or specIal inlerest or claim,by way of trust,annuity,or otherwise,In end to the specific funds and assets held In the Deterred
Compensation Account.The contractual obligations of the Employer to pay deterred compensation to the Employee or his beneficiary 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 11 of this Agreement,and shall not be atfected In any manner by amendment or
1 revocation of the Trust referred to In Paragraph 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 Agreement which could be Interpreted to be In conflict therewith.
‘
4.Administration of Funds.The funds deposited In the Deterred Compensation Account shall be invested and reinvested by the Retirement
Corporation In any manner which in Its sole discretion It deems desirable,without regard at any time to any legal limitation governing the Investment
of such funds,The Account shall also retlect the gain or toss resulting from the Investment and reinvestment thereof.This Trust Fund may be
commingled with others established by the Trustee under this form of agreement with other Employers.
5.Payment of Deferred Compensation.At such time as the Employee reaches age 60,or later,at the end of his employment agreement,If
Employee continues in the employ of the Employer after he attains the age of 60 years,becomes permanently disabled,or dies,whichever occurs
.tirst,he,or his beneticlary or beneficiaries,nominee or estate islare entitled to receive payment In the Deferred Compensation Account outstandIng on
the date on which one of the foregoing occurs.Payments occasioned by the Employee having reached the age of 60 years,or later,at the end of his
employment agreement,if Employee continues in the employ of the Employer after he attains the age of 60 years,or becomes permanently disabled,
or dies shall be made in accordance with the provisIons of Paragraph 6 hereof as follows:
a.Payments in monthly,quarterly,semi-annual or annual payments over,the period of life expectancy of the Employee in accordance with ‘4
the following procedure:
Upon reaching the age of 60 years,or later,at the end of his employment agreement,if the Employee remains in the employ of the Employer 1
atter he attains the age of 60 years,or becomes permanently disabled from permanent full-time employment,whichever first occurs,the
I Employee’s life expectancy shall be determined by reference to Standard U.S.Mortality Tables;the amounts of assets and accumulations In
the Deferred CompensatIon Account shell be computed together wilh a reasonable rate of return on said assets,less the amount of expected
._=:-—.—.,
kII,IIILI£U9LOWJON0I1WOd001N3I3Wi3VYOI3A0YUW11TH4UJOQ-zrAGfdse;saJoUMOJ‘rocW;uefi•€tAAGU3AO]Ur3——--03N918I3A07dV33H1WOJA3NH0il’VIUOJ01SVG3A0ddV(iY3s)f31DUM011--VIDdO03ZJO4y.1riVeAoq8UeIJMSJGOep0111UOpOflOBXOuooqsuqUOWGO16oqJocoidw30111jOApoq6UUJ9AO6eqoAiioqin9LflAdORU3HMSS3NIIMNI•010lIOUflODAOOLflsIdwBxeJO•SU‘i9XoIdw391flOApoqfluuieoeqi£qiUbiSOpzJoq1nu‘io(oIdw3jOJ3IflOUB4qpeu6IsssounoqeeoioJueopIIuAuqouequoweoQjiuaW8ei6io(HPll’i9L•eu1uuewJOLflOUUSeJJnbaiIXOIUOOe141S9IUflleiflidsepnIouIAuIfl6U,sogpuusunouajdouuwojeqOpflIOUI•u!oJeqpesnJoAeuoqM‘sunouo,dOUIflOSBSMe]-GCLIIjOU01130SII7DI1VU!POUIOPOSOLflSpeUijepeqIBqSuopleJodJo3luOWei!IH04110SMB]-Goqjuposn09eSII3!LIM‘uOWBHJ6VupesnO3UOIUOSJOOSflBIQOSUJLjdswaeJoWIGidUUO6uIuuowOt1SUOfl!UIJOQ5suedqons118PUUUBOjiunsjndoepunIoIuoqUwooeq01JOIjeOJOqew£uUq6JaeqIIU4SOOAOIdW3OLflPUUpaedwunoeepuuooionjuOflUI1UO1104SIOAIIDOdSOJsuBIdqorslIeJOIU8JopunJoU!(WIO0UeqioIu9dII.iudsu10BBJeUeq-oeodwBXuaojooi(oldw3eqosIsejalu!PUBSIq6JOLflCjpOOSJOpUflUOqUBIdUOISUGUoJnlnJicuuU!uudp!edsu(q)ioPOI1IIUOOQOSIMJOL4IOPInOMO4L13!4MOSjOUUq-OOXOdWOOAI030Jo(e)OO(OIdW3otjoISOJOJUoelnIfliJO6UI1SIXOOqI1ooluJoJ!UdWIAJIPOWJOUUWUUU!lullspOUU4UO3UIOIOLj§UIqIONSUeIdiqoUag-aOAoIdWJaqIoUIUO!ldl3!I1Bdp3UDWOJ6VSItuJOpUflJeifliniOUBAI4luLlsiOAOdW3OqOeJOLflJOjSU9JIJoIUOWUISSBPOIdWOIlUAUeJOUOABOIUI•oqB-JOJSUBJ1-UOUpUBeqsU6sss-UoueqjUl45oleleql1t16!1eqpUsuleleq101pep!AoldsjUetu(uUoIlesUedwoDpeiiejoeA!03e101sjq6iisq10esodsipOSIMJO1.flOJOjOEJGqwnOuO0)flWW0O01p0jU0eqlouBI4Sewile4lj!LIbUIJnpeo(oIdw3eqjuollusuadwo3po,Jejeo(lIIIqvu6jssB-uoNCI.suew1senuIPIWOJJllnsGJswt.PIL1MJeAeosloqMssoAuse3sjdel01pelInbeleqJoojdw351.41115145JOUlUnOovU0IlUSU0dWO)peneeaPIUI518555pusspunj40juewIseAUljoeinjlsjio4uewseAuj0)enp550)Aus104eqsUodseJeqloulIULISJOAO)dW3eqE0BS07•ewosOpoiuoiju6lqo6uInU!lUoopieswoiJ1eco)dw3jsedsoseelelee(o)dw3eqipusoeco)du104110lueWoinoluodnpeliesUeJiOsUOflUsUedwODpojiejepXsdDlAijjqo!tIon1sljUOobujflUtlUO01.41ewnsse01seejsosloJeAoIdw3MeUeqLIOILIMUIlueweel6v40WIOlelB!JdoJddUUSU615eoAoIdW3el4jpussleXoIdw3eAllOodsol0thpusowssjdeoQsaseoj6s4e(oIdwIsed014340AoidueDLIIUIOlJt)UpOlJIB6eeAoldwI°U1L4OjI4Me)UoIJedxe011140uoseejcqseQ!A]esenlnjs,eeloIdw101eoIdW3jUl41010fljOAeqjUI0500JOU)011110u0ljBJOlSUO)U!Je4oIdw3MeUOLfllUOAO01.41UjOSOOjpIleJe(odw3MOUet40ISMUIPUIIMJOjqGupus‘IolluoodfqsjeuMo014J01eJJe4SuUJjeqjufl0DyPlUS01.4)406UOjIUIflWflOBpussessuSpUnJ01)1lqlJeojdw3MeU0l43OjesodoidOjUesSlI55U0l,BJOdJOOlUW01II0H01.41ezuoqlneUOI10J5IPEli18‘LIeUII‘jUfl003VPIESeqiUjUUOIIBIPWfl038PUB510550spUfllDLII40JOX0)dw3OqjXqIUMSJPLII!MUBUO!I800AOJelnln4ejq!ssodLIuo40lueAoequpOPVo1dUI0104so)ueuJeJflolS1t41.10UoIIUSuedWoPOJIOJOP40IUewAed01SIqblJISflIOBJIU036UIflU!1U03s,eelLIoldw3JOUO!jU6Il!I40sesuedxeeJnInleiqissod4l6U!pIOABJOUoIjB1epjsu0UpusUOjjslodlODIUOWOJIIDUetfiJOslJOdeJSflUUEGU!I!IPUS6Ui(4l1eA6UIUIuBXO6u!A!ee1)U0SploDolUlu!UluIUU40esuedxoGU!nU!jUOo041PIOI1.U01OJISOP51110uoljsleplsuoaUIJeAeoslstlMesOdind101440Aug101Josioiipeiooeue6I!JOlUeWAUdeqj101jSflJjGIqI01.OA0J01146!J51?6UN0AuI40uoquolUjOU501.4pusesodindeqjoAue10410°I!P°1518U0610juowAed041J04lUfl003VPIBS041UISUOI1SIflWflODBPUSS1OSSUsU)014140GOUOJfllfllJOlUOSOIdOUSBl4II19141SPUIJleAoIdw304)IIUO4leoAoldw3PIUSeqiLll!MIUOWOOI6VlueuJAoIdw3UO1ISSUUdWOOpejieloCUpUSUO!lUJOdJO3lUOW01IlO01)1LI1IMlueweeibylSflJJS6UIAB4JOAOIdW3J014j0U0qjIMUOwAoIdwOSideooueeltoIdw3eqj)UOAO041UI•JueweeJ6V81!1J0d111—SIDAOIdW3UeeMleGUOjjSiOpiSUO3LIIIM4UOWAOjdW340JOJSUUJJ.U04009qdeJ6eleUSItU40U0!I00SUIPOpIAOJdsoldOOXeIUOWOOI6VsItUJOSUOIS!AOid041LIIIMeaUspJ0300UIpolnq!Jlslp015AOqlSOOWIILIOflShunIOAOIdW3014)30s1esss55lUfl000yIUthl00143UUIBWOJlI14Aoq‘psolSulpUBeeAoIdW3sqlJOJOAOIdW3MOUULI1IM)Ufl0030US01POIIOJSUUJ1eqlOU110145lUfl000yUOIISSUOdwO3pellOjea04)UISUO!lUIflUJflOOePUS‘SjOSEB‘SpUn40414Ie°pUSqI161410U0SU0JAUSJOJSOOIA1OSs00A0jdw014140UOIIBUIWJDIuodflIU6WAOIdWJOUOI1BUIWJOJ.U0!j309LLClo1IlUoSlIUIpoleldoPSjIUfl033Vq3flSi!lUfllUfl030VuOIlseuedUJOop0110100041UISIOSSOpespun4polnqpIs!pun0141uoSIUOWOJOUIpusSUO!jBInWfl038IselelU4°4IlieL4IIMpoipeioeq0)enu!luoooqseqAew050304150ejoso10SOU!WOU50!15!3IJeUeqJoArnoIJouoqSILIJO0OAOIdU3014)‘UOIlflq!JlS!P40pOilOd01)16uunpo!JaduoilnqlJls!a04)bu!JnauopsjflWflooy0I.JeAoldw304)LI1IMUIUWOIIIBLIS‘JeAeMoqsluowAudqonsGup?sw104uopsb!IqoOleWilIn°QLSlUOWAed6ujsinqstp40sosodind1041OAOIdW304)40)U06555lOsjjB4SUOIIBIOdJODjueWeJ!lOH01411u06v6usinqsjQ6AIOJIIUOSIlUjpoleldOpIIUfl030VUoIIssuodwoOp°4°001)1Se0W1140fl5IllUnpOAIOAUI(010(IJ0I.1.eflb)polledeUll04)SUI60q14ONM4)UOW6Ufp00300S1.400040AspISJII0141uO1o1l°J0qlAlsnonuIluoouoqlpeijddeolesp0JedIUOWIIU1SUIjuowAedIsnUUsJosnUUeIw0s‘AIIO1.IeflbjUOAO041UI‘10‘4IUOU6UIpoooonsipso40AsplSlh?041U010110010141Ajsnonuiuoo0j)SWeqIIB145SIUOWASU1U0WIISISUI4005030141UIpUS4jE0jJJO‘AlIlIqUSIPjuouswied6UIMDIIOJOSIMO))Ij10SJU0A0940068041SUIBIIS0410149JOAOIdU3014340Aojdwo041UjSOflUjjUO30OILIOIdW3IIlUowoo16ejuewAoldwo5j440PU004110445qjuow014340AsplIJ04)U010101100906540IU0WUhsllS04)GUIMOIIOI4IUOW04140AspI’J041UO0DUOWWOO11514SBIU0WASUseIealuawLIedBjuebsPOZIIOLIIflBAIOPBjj55‘UOII0JOdI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I fi_EM PLOVER-
EMPLOYEE
IN FORMATION
FORM
EMPLOYER:
Please complete the following blanks:
Full Name (City of,County of,etc.):rpcln rtF T 1—sc Park -flnlt,rtc3i,
Title of Official to whom correspondence and reports are to be mailed:(not name)
Address:(include zip code)P.0.Box 1200
Town Administrator
Employer’s Federal Tax Identification Number:
EMPLOYEE:
EsesEarkCo1orado 80517
Please complete the following blanks:
Name as it appears on agreements:,Dale Grant Hill
Current Address (include zip code)P.0.Box 853
Date of Birth:Month Mtrch Day___IZth
Social Security Number:521147112
To which of the organizations sponsoring this plan do you belong?T .fl M A..
VD,,r 1923
DESIGNATION OF BENEFICIARY (Complete this portion only if you have not previously designated a beneficiary when
entering the plan with a previous employer or if you wish to change beneficiaries).
To whom shall the deferred compensation funds,assets and accumulations in the ICMA-RC account be payable in case
of your death?In the statement below,give first name,middle initial and last name.Example:Mary A.Smith (not Mrs.
John Smith).For your children you may simply use the term ‘my children”and leave the share column blank.This
term shall provide equal treatment among your children—present and future—born of any and all marriages and any
children legally adopted at any time.In the event you choose to leave the deferred compensation funds,assets and
accumulations,to a charity or institution,specify its complete legal name and address.
I,the undersigned,being a participant in the ICMA-RC Deferred Compensation Plan and thus having the sole right
to designate,change,and successively change the person,persons,or institutions designated as beneficiary or bene
ficiaries,do hereby direct that any and all deferred compensation funds,assets,and accumulations held for my
retirement benefit by the ICMA Retirement Corporation (or any successor thereto)as Trustee for all of my past,
present and future participating Employers,be payable as follows if living at the time of my death:
NAME ADDRESS SHARE
(Please type or print)
—Ma-r-K Hill P.0.Box 853 100%
Estes Park,Colorado 80517
In the event of the death of my beneficiary or beneficiaries prior to the date of the distribution of the deferred
compensation funds,assets and accumulations by the employer,then to the following person,persons,or institutions
if living at the time of my death:
NAME ADDRESS SHARE
(Please type or print)
My Children”P.0.Box 853 100%
Estes Park,Cob.80517
(To be used for special provisions the Employee may choose to include).
In addition to any conditions stated above,I direct the following (please print or type)
Estes Park.Colorado 80517
L
1:1
I understand that if the benefits are paid to me under an option requiring the purchase of an annuity for my benefit,
that my designation or redesignation of a beneficiary or beneficiaries may have to be repeated at that time,in
accordance with the requirements of the annuitor.I further understand that the last dated designation of a beneficiary
or beneficiaries filed with ICMA-RC as Trustee for any participating employer,shall,in the event of my death prior to
full distribution to me after my retirement,control the actions f IC A-R as Tru ee in the distribution of the
deferred compensation funds,assets and accumulations in the relev n IC -R tint Accounts.
JUN 2’?1975
gned
R /1)
Wilne’/
(1
Date
RESOLUTION 16-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized to sign
the Agreement by and between the Town of Estes Park and the
State Department of Highways regarding the Highway Safety
Act.
Dated this 27th day of May,1975.
Adopted:May 27,1975
RESOLUTION 15-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That no new water tap fees shall be accepted by the
Town Clerk,nor shall any new water tap permits be issued
from the adoption hereof until June 1,1975.
Adopted:May 13,1975
0
RESOLUTION 14-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the Lease dated May 13,1975,by and between the Town of
Estes Park,Colorado and the Lions Club of Estes Park relating
to the operation of a concession stand at Stanley Park.
Adopted:May 13,1975
‘S
R E S 0 L U T I 0 N 13-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLOPADO:
That the Mayor and Clerk are hereby authorized to sign
the Agreement by and between the Town of Estes Park,Colorado
and the Colorado Arabian Horse Club.
Adopted:April 22,1975
RESOLUTION12—75WHEREAS,TheTownofEstesPark,(the“Participant”)onthe5thdayof/1September,1974,enteredintoaContractfortheSupplyofElectricPowerand/EnergywiththePLATTERIVERPOWERAUTHORITY,(“PlatteRiver”)whereinPlatteRivercontractedtoprovideelectricalpowerandenergytotheParticipantwhichelectricalpowerandenergytheParticipantagreed“totakeandpayfor”attheratesetforthinsaidContractfortheSupplyofElectricPowerandEnergy,theprovisionsofwhichareincorporatedhereinbythisreferencethesameasiffullysetforth.WHEREAS,Paragraph2(b)ofsaidContractfortheSupplyofElectricPowerandEnergyprovidesthattheratechargedbyPlatteRivershallbereviewedannuallyandshallberevised,ifnecessary,sodSVtoprovidesufficientrevenuestoPlatteRiver,withtherevenuesofPlatteRiverfromallothersources,toenablePlatteRivertomakepaS’mentsonaccountofprincipalofandinterestonallindebtednessofPlatteRiver.VWHEREAS,PlatteRiverisnowintheprocessofarranginganadditionalinterimborrowinglineofcreditfromMORGANGUARANTYTRUSTCOMPANYOFNEWYORKVintheprincipalamountof$5,000,000.00withaninterestrateequalto70%oftheminimumcommerciallendingrateofMorganGuarantyTrustCompanyofNewYork,asthesameshallexistfromtimetotime(withincreasedinterestintheeventtheinterestisnottaxexempt)whichinterimborrowingwillmatureandbecomedueandpayableonSeptember1,1975.WHEREAS,PlatteRiverintendstorepaysuchinterimborrowingfromthepro—ceedsoflong—termpubliclymarketedindebtednessofPlatteRiverwhichPlatte‘VRiverintendstoissuepriortoSeptember1,1975,butthatif,foranyreasop,repaymentisnotmadefromsuchsource,itmustbemadefromothersourcesavailabletoPlatteRiverand,
WHEREAS,PlatteRiverandtheParticipantrecognizethatPlatteRivermayincreaseitsratesinanamountwhichwouldbesufficient,withotheravailablefunds,ifany,tofullypay,onSeptember1,1975,allindebtednessofPlatteRiver,includingallamountsdueMorganGuarantyTrustCompanyofNewYorkundertheloanagreementtobeenteredintobetweenPlatteRiverandMorganGuarantyTrustCompanyofNewYork,andotherloanagreementsbetweenitandMorganGuarantyTrustCompanyofNewYorkandFirstNationalBank,FortCollins,Colorado,andinviewofthefactthatPlatteRiverisanagencyandinstrumentalityoftheParticipantandothermunicipalities,andnotanindependentorganizationexcept“informandname,PlatteRivercouldsoincreaseitsrates,orrequireprepaymentforpowertobefurnishediffundsshouldberequiredforthepaymentofprincipalandinterestonallofsaidinterimborrowing;andWHEREAS,suchrateincreasingandfundraisingabilitiesofPlatteRiverconstitutethefundamentalassuranceofrepaymentbeingrelieduponbytheMorganGuarantyTrustCompanyofNewYorkinenteringintosuchinterimloanagreementwithPlatteRiver.NOW,THEREFORE,beitresolvedbytheTownCounciloftheTownofEstesPark,Colorado,thatsuchtown,(the‘Participant”)doesherebyrecognizeandagree:(a)thatparagraph2(b)oftheContractfortheSupplyofElectricPowerandEnergybetweentheParticipantandPlatteRiverforelectricservicewasintendedtoanddoesempowerandauthorizePlatteRiver,ifnecessary,toin—creasetheratechargedbyitpursuanttosaidcontract,andfb)thatPlatteRivermayrequireprepaymentsforpowertobefurnishedinthefuturetobemadebytheparticipatingtownsandcitiesand—2-
0 0
/
I
//I
Cc)that the Participant will provide Platte River,on a pro rata basis
/with all other participating towns and cities,with sufficient funds,to the
extent necessary and to the extent not provided under the authorities contained
/
in clauses (a)and fb)of this Resolution,to enable Platte River to repay at
maturity,whether by acceleration or otherwise,the principal and interest
required by all loan agreements between Platte River and Morgan Guaranty Trust
Company of New York,and notes executed in connection therewith,including,but
not limited to,the $5,000,000.00 loan now being arranged,and to also repay,
at maturity,the principal and interest required by the loan agreement between
Platte River and First National Bank,Fort Collins,Colorado.
Adopted:April 22,175
—62 —
-3-
Q cD
RESOLUTION 11-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the application for a LSCA Title I Special Project
Grant in the amount of $25,227.00 for the purpose of establishing
community library service in Estes Park is recommended for
approval.
Adopted:April 22,1975
—61 —
C C
RESOLUTION 10-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the Agreement dated March 25,1975,by and between the
State Department of Highways,Division of Highways -State of
Colorado and the Town of Estes Park,Colorado.
STATE OF COLORADO
COUNTY OF LARIMER
TOWN OF ESTES PARK
I.Dale G.Hill,Town Clerk of the Town of Estes Park,
County of Larimer,State of Colorado,do hereby certify that
the Board of Trustees at a regular meeting held Tuesday,March
25,1975,authorized Harry B.Tregent,Mayor of the Town of
Estes Park,Colorado,to execute and enter into an Agreement
for State Highway Project CO6-0034-1 by and between the Town
of Estes Park,Colorado and the State Department of Highways,
Division of Highways,State of Colorado.A Quorum was present
at said meeting and this action was authorized by motion receiv
ing unanimous approval.
IN WITNESS WHEREOF,I have hereunto set my hand and the
seal of the Town of Estes Park,Colorado,this day of
March,1975.
Dale G.Hill,Town Clerk
ADOPTED:March 25,1975
CD ()
RESOLUTION 9-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized and directed to sign
the annual Horse Show Agreement by and between the Town of
Estes Park and the Boulder Hunter Jumper Club.
Adopted:February 25,1975
0 0
RESOLUTION 8-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized to sign the annual
Rodeo Agreement by and between the Town of Estes Park and
Walter Alsbaugh.
Adopted:February 25,1975
0 0
RESOLUTION 7-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized and directed to sign
the Temporary Use Permit by and between the Town of Estes Park
and Northern Colorado Water Conservancy District for 30 Units
of CBY Water.
Adopted:February 25,1975
0 0
RESOLUTION 6-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That Dale G.Hill,Town Administrator,be authorized to
sign the agreement dated February 24,1975,by and between
the Town of Estes Park and the Colorado Division of Employment
regarding the “Comprehensive Employment and Training Act Public
Service Employment Cost Reimbursement Subcontract”.
Adopted:February 25,1975
0 0
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the filing date of the application for a new Retail
Liquor Store License filed by Louis Canaiy and Jean B.Canaiy
dba Lake Estes Liquor Mart,is February 25,1975,and it is
hereby ordered that a public hearing on said application shall
be held in the Municipal Building,100 MacGregor,Estes Park,
Colorado on April 8,1975,at 7:30 P.M.,and that the neigh
borhood boundaries for the purpose of said application and
hearing shall be the area included within a radius of 5.5
miles as measured from the applicant’s property.
Adopted:February 25,1975
RESOLUTION 4-75
INDICATING INTENT TO JOIN WITH OTHER GENERAL PURPOSE UNITS
OF LOCAL GOVERNMENT IN THE LARIMER-WELD REGIONAL COUNCIL OF
GOVERNMENTS AREA TO DEVELOP AND IMPLEMENT A PLAN RESULTING
IN A COORDINATED WASTE TREATMENT MANAGEMENT SYSTEM FOR THE
AREA.
WHEREAS,pursuant to Section 208 of the Federal Water
Pollution Control Act Amendments of 1972,P.L.92-500 (here
in-after called “the Act”),the Administrator of the United
States Environmental Protection Agency has by regulation pub
lished guidelines for the identification of those areas which,
as a result of urban—industrial concentrations or other factors,
have substantial water quality control problems (40 CFR Part
126);and
WHEREAS,the Larimer-Weld Regional Council of Governments
area (hereinafter called “the Area:)satisfies the criteria
contained in the Act and guidelines,and designation of the
area pursuant to Section 208 and those guidelines is desirable;
and
WHEREAS,Section 126.10 of the guidelines requires,among
other things,that the affected general purpose units of local
government within the problem area must show their intent,
through formally adopted resolutions,to join together in the
planning process to develop and implement a plan which will
result in a coordinated waste treatment management system for
the area;and
WHEREAS,such planning process and waste treatment manage
ment system is a necessary and significant measure to control
present point and non-point sources of water pollution and to
guide and regulate future development and growth in the area
which may affect water quality,in order to prevent,abate
and solve existing and potential substantial water quality
control problems;
NOW,THEREFORE,IT IS RESOLVED THAT THE TOWN OF ESTES PARK,
COLORADO,recognizing that the Larimer-Weld Regional Council of
Governments area has substantial water quality control problems,
supports designation of the Area pursuant to Section 208 and
the EPA guidelines.
IT IS FURTHER RESOLVED THAT THE TOWN OF ESTES PARK,COLORADO
intends to join with other affected general purpose units of local
government within the boundaries of the area to develop and imple
ment a plan which will result in a coordinated waste treatment
management system for the area.
IT IS FURTHER RESOLVED that all proposals for grants for
construction of publicly owned treatment works within the bounda
ries of the designated area will be consistent with the approved
plan and will be made only by the designated manaqement agency.
PASSED AND ADOPTED,SIGNED AND APPROVED,this 11th day of
February ,1975.
TOWN OF ESTES PARK -LARIMER COUNTY
BY______________
TITLE Mayor7
3-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the filing date of the application for a new Beer and
Wine License filed by Leon and Mary Kemper dba Surrey Ice Cream
and Deli is February 11,1975,and it is ordered that a public
hearing on said application shall be held in the Board Room at
the Municipal Building,100 MacGregor,on March 25,1975,at 7:30
P.M.and that the neighborhood boundaries for the purpose of said
application and hearing shall be the area included within a radius
of 2.3 miles as measured from the center of the applicant’s
property.
Adopted:
(j
RESOLUTION 2-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor is hereby authorized and directed to sign
the Service Agreement by and between the Town of Estes Park and
Montgomery Elevator Company.
Adopted:January 28,1975
RESOLUTION 1-75
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
That the Mayor and Clerk are hereby authorized and directed
to sign the Supplemental Agreement this date by and between the
Town of Estes Park,Colorado and Gibson’s Ambulance Service,Inc.,
increasing local and non—local service rates.
Adopted January 14,1975