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Resolution No. 8856 .- 1 2 3 4 5 6 7 RESOLUTION NO. 8856 yJM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE TERMINATION OF THE CITY OF VERNON SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN AND THE CITY OF VERNON TRUST UNDER THE SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN APPROVED BY RESOLUTION 7753 AND RESCINDING RESOLUTION NO. 8838 8 WHEREAS, on September 19, 2000, the City Council of the City 9 of Vernon adopted Resolution No. 7635, as amended by Resolution No. 10 7753 on May 2, 2001, approving the City of Vernon Supplemental 11 Executive Retirement Plan and the City of Vernon Trust Under 12 Supplemental Executive Retirement Plan (collectively, the "Plan"), in 13 order to retain key employees by providing them additional funds for 14 retirement; and 15 WHEREAS, on September 7, 2005, the City Council of the City 16 of Vernon adopted Resolution No. 8838 which mistakenly directed that 17 the funds under the Plan be distributed to Plan Participants; and 18 WHEREAS, Section 10.1 of the Plan states that the City may 19 terminate the Plan at any time ~nd that upon termination each 20 Participant shall become immediately vested in the Plan accounts and 21 said accounts will be immediately distributable to the Participant; and 22 WHEREAS, the City desires to terminate the Plan and rescind 23 Resolution No. 8838. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 25 CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the City of Vernon hereby 27 finds and determines that the recitals contained hereinabove are true 28 and correct. 1 SECTION 2: The City Council of the City of Vernon hereby 2 rescinds Resolution No. 8838. 3 SECTION 3: The City Council of the City of Vernon does 4 hereby approve the termination of the Plan and authorizes Wells Fargo 5 Bank, N.A., the Trustee of the Plan, to distribute the Plan account 6 (Account No. 11417000) directly to the Plan Participant. 7 SECTION 4: The City Council of the City of Vernon does 8 hereby authorize the Acting City Clerk, or his designee, to .execute 9 any and all documents necessary for the purpose of terminating the 10 Plan and distributing the Plan account. 11 SECTION 5: The City Council of the City of Vernon hereby 12 directs the Acting City Clerk, or his designee, to send a certified 13 copy o~ this Resolution to: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Wells Fargo Bank, N.A. Attn. Indra D. Sharma ITS-Los Angeles MAC E2828-101 707 Wilshire Blvd., 10th Floor Los Angeles, CA 90017 SECTION 6: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 12th day of October, 2005. ~~o"r ~ JR., Acting City Clerk 28 - 2 - 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 8856, was duly adopted by the City Council of the City 7 of Vernon at an adjourned regular meeting of the City Council duly held 8 on Wednesday, October 12, 2005, and thereafter was duly signed by the 9 Mayor of the City of Vernon. . MALKENHORST, JR. City Clerk 10 11 12 13 14 (SEAL) 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 - 3 -