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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 C a 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 0 0 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 C 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 r 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 0 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 0 ci 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 n 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, — 7ç:;— 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 —2-- 0 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) U 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 C 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 -- 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 —70 — U 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 0 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 n 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. flc.tL1fl I,.‘“ 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 ._=:-—.—., 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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