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RES-9419 Establishing Deferred Compensation PlanRESOLUTION NO. 9419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING A DEFERRED COMPENSATION PLAN UNDER SECTION 457 OF THE INTERNAL REVENUE CODE; APPROVING (1) A SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND AMERICAN GENERAL RETIREMENT SERVICES COMPANY AND (2) A CUSTODIAL AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND VALIC TRUST COMPANY; AND AUTHORIZING CERTAIN INDIVIDUALS TO ACT ON BEHALF OF THE DEFERRED COMPENSATION PLAN. WHEREAS, the City of Orange ("City") is a municipal corporation which exercises governmental functions and powers, and is organized and existing under the laws of the State of California; and WHEREAS, the City Council now desires to establish a Deferred Compensation Plan the "Plan") under Section 457 of the Internal Revenue Code of 1986, as amended, for the benefit of employees of the City and to approve various documents in connection therewith, including 1) a Service Provider Agreement with American General Retirement Services Company, a Texas corporation that is a wholly owned subsidiary of The Variable Annuity Life Insurance Company and duly authorized to do business in the State of California (the "Service Provider"), for non-discretionary plan administrative services with respect to the Plan, and (2) a Custodial Agreement with V ALIC Trust Company, a Texas trust company (the "Custodian"), whereby the Custodian will hold, administer, and distribute deferred compensation contributions for the benefit of the City's employees and their beneficiaries pursuant to the terms of the Plan; and WHEREAS, the City Council desires to establish a custodial account for the Plan pursuant to the terms and provisions of the Custodian Agreement, for which the Custodian shall serve as custodian; and WHEREAS, City desires to authorize certain individuals to act on behalf of the Plan.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY RESOLVE AS FOLLOWS:Section 1. Deferred Compensation Plan. The Deferred Compensation Plan, in the form on file with the City Clerk, is hereby approved and established pursuant to Section 457 of the Internal Revenue Code of 1986, as presently or subsequently amended. The Mayor is hereby authorized and directed to execute, and the City Clerk to attest, the Deferred Compensation Plan,in said form, with such additions thereto or changes therein as are approved by the City' Director of Finance upon consultation with the City Attorney, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Deferred Compensation Plan by the Mayor. Section 2. Service Provider Agreement. The Service Provider Agreement, in the form on file with the City Clerk, is hereby approved. The Mayor is hereby authorized and directed to execute, and the City Clerk to attest and deliver, the Service Provider Agreement, in said form, with such additions thereto or changes therein as are approved by the City's Director of Finance upon consultation with the City Attorney, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Service Provider Agreement by the Mayor. Section 3. Custodian Agreement. The Custodian Agreement, in the form on file with the City Clerk, is hereby approved. The Mayor is hereby authorized and directed to execute, and the City Clerk to attest and deliver, the Custodian Agreement, in said form, with such additions thereto or changes therein as are approved by the City's Director of Finance upon consultation with the City Attorney, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Custodian Agreement by the Mayor. Section 4. Custodial Account. The City Council hereby establishes a custodial account and designates V ALIC Trust Company, a Texas trust company ("Custodian"), to be the non- discretionary directed Custodian, for which the Custodian shall serve as custodian pursuant to the terms and provisions of the Custodian Agreement. The custodial account is hereby established to hold, administer, and distribute amounts pursuant to the terms of the Plan. Section 5. Authorization for Officers to Act. The City Council hereby authorizes and directs the individuals named below to do any and all things and take any and all actions and execute any and all documents, which they, or any of them, may deem necessary or advisable or that the Custodian requires relevant to the opening or maintaining of a custodial account for the Plan and to take any and all action deemed by any of them to be proper in connection with said account and the Plan, including, but not limited to, authority to give written or oral instructions to the Custodian with respect to account transactions. ADOPTED this 27th day of February, 2001. ATTEST: J-=6 Cassandra J. Cathc , ity Clerk of the City of Orange Reso No. 9419 2 TJR I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 27th day of February, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE 1f~~~~~~.v6 Cassandra J. Cathc , ity Clerk of the City of Orange Reso No. 9419 3 TJR RES -?2;/7 CERTIFICATE OF CITY CLERK I, the undersigned, hereby state and certify that:i) I am the duly appointed, quali[ed and acting City Clerk of the City of Orange and, as such, 1 am familiar with the facts herein certified and am authorized to certify the same;ii) Attached hereto is a true and correct copy of Resolution No. 9419 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE EST ABUSHING A DEFERRED COMPENSATION PLAN UNDER SECTION 457 OF THE INTERNAL REVENUE CODE; APPROVING (I) A SERVICE PROVIDER AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND AMERICAN GENERAL RETIREMENT SERVICES COMPANY AND ( 2) A CUSTODIAL AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND V AUC TRUST COMPANY; AND AUTHORIZING CERTAIN INDIVIDUALS TO ACT ON BEHALF OF THE DEFERRED COMPENSATION PLAN (the "Resolution");iii) The Resolution was duly adopted by the City Council at a meeting held on February 27, 2001, at which a quorum was present and acting throughout, and the Resolution has not been modified, amended, rescinded or revoked and is in full force and effect as of the date hereof; and iv) The following are the true and correct facsimile signatures of the Mayor, the City Manager, the Director of Finance and the Assistant Director of Finance:MJd"~hf1- 7r M'Y#~k Helen Bell Director of Finance David L. Rudat City Manager Richard K. Jacob Assistant Directo Dated: E- 7 2001 rJw~~~~~Cassandra J. Ca art City Clerk