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2007R08- 457 Plan RESOLUTION NO. 07-R-OB A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE ICMA RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PLAN. WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the "Employer") has agreed to adopt The ICMA Retirement Corporation 457 Deferred Compensation Plan. WHEREAS, the "Employer" has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the "Employer" has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the "Employer" desires that its deferred compensation plan be administered by the leMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the Vantage Trust Company, a trust established by public employees for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the "Employer" hereby adopts the deferred compensation plan (the "Plan") in the form of The ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Appendix A BE IT FURTHER RESOLVED that the "Employer" hereby executes the Declaration of Trust of the Vantage Trust Company, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the "Employer", if the assets of the plan are to be invested in the Vantage Trust Company. BE IT FURTHER RESOLVED that the assets of the "Plan" shall be held in trust, with the "Employer" serving as trustee, for the exclusive benefit of the "Plan" participants and their beneficiaries, and the assets shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the "Plan" will permit loans. BE IT FURTHER RESOLVED that the "Employer" hereby agrees to serve as trustee under the "Plan". BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator of this program; shall receive necessary reports, notices, etc. from ICMA Retirement Corporation or the Vantage Trust Company; shall cast, on behalf of the "Employer", any required votes under the Vantage Trust Company; Administrative duties to carry out the "Plan" may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the "Plan". I, Judy Tokar, City Secretary of the City of Schertz, Texas do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Schertz at the regular meeting thereof assembled this 13 day of February, 2007 by the following vote: Ayes: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter. Nays: None. Absent: Councilmember Agee c.. Hal BaldWin, Mayor ATTEST: ( . \ dJJ.~. ~ &y TO~lf, City Secretary