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FULL PACKET_2010-12-20
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FULL PACKET_2010-12-20
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1/3/2012 3:56:09 PM
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12/17/2010 11:58:46 AM
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City Clerk
Doc Type
Agenda Packet
Date
12/20/2010
Destruction Year
2015
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<br /> <br /> <br /> <br /> <br /> nominee, and to acquire for the Trust any investment in bearer form; but the books and records of the <br /> Trust shall at all times show that all such investments are a part of the Trust and the Trustee shall hold <br /> evidences of title to all such investments; <br /> <br /> (c) To serve as custodian with respect to the Trust assets with the sole exception of <br /> insurance policy or annuity contracts, the underlying assets of which shall be maintained by the <br /> insurance company issuer; <br /> <br /> (d) To employ such agents and counsel as may be reasonably necessary in managing and <br /> protecting the Trust assets and to pay them reasonable compensation; to employ any broker-dealer, <br /> including any broker-dealer affiliated with the Trustee, and pay to such broker-dealer its standard <br /> commissions; to settle, compromise or abandon all claims and demands in favor of or against the Trust; <br /> and to charge any premium on bonds purchased; <br /> (e) In addition to the powers listed herein, to do all other acts necessary or desirable for the <br /> proper administration of the Trust, as though the absolute owner thereof and to exercise and perform any <br /> and all of the other powers and duties specified in this Trust Agreement; <br /> <br /> (f) To abandon, compromise, contest, arbitrate or settle claims or demands; to prosecute, <br /> compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Trust; <br /> <br /> (g) To permit such inspections of documents at the principal office of the Trustee as are <br /> required by law, subpoena or demand by United States agency and to disclose the Agency's name to <br /> issuers of securities in connection with shareholder communications unless directed otherwise in <br /> writing; <br /> (h) To comply with all requirements imposed by applicable state Statutes or other <br /> applicable provisions of state or federal law; <br /> <br /> (i) To seek written instructions from the Agency, Plan Administrator or other fiduciary or, <br /> to the extent Participants are permitted to direct the investment of all or any portion of their Accounts <br /> under the Plan, from a Participant, on any matter and await written instructions from such person <br /> without incurring any liability. If at any time the Agency, the Plan Administrator, a fiduciary or <br /> Participant should fail to give directions to the Trustee, the Trustee may but is not required to act in the <br /> manner that in its discretion seems advisable under the circumstances for carrying out the purposes of <br /> this Trust. Such actions shall be conclusive on the Plan Administrator and the Agency and the <br /> Participant if written notice of the proposed action is given to the Plan Administrator five (5) days prior <br /> to the action being taken, and the Trustee receives no response; <br /> (j) As directed by the Plan Administrator: <br /> <br /> (i) To cause the benefits provided under the Plan to be paid directly to the persons <br /> entitled thereto under the Plan, and in the amounts and in the manner specified, or to disburse such sums <br /> to the Agency, who shall be responsible to distribute sums due; and make appropriate tax reports to <br /> Participants, Beneficiaries and taxing authorities, and to charge such payments against the Trust with <br /> respect to which such benefits are payable; <br /> <br /> (ii) To compensate such executive, consultant, actuarial, accounting, investment, <br /> appraisal, administrative, clerical, secretarial, custodial, depository and legal, personnel and other <br /> <br /> 9 <br /> <br /> 55A-27 <br />
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