Loading...
Employee Benefit Trust First AmendmentFIRST AMENDMENT TO THE CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT This Amendment is made effective as of January -� � 1, 2020 by the undersigned trustees ("Trustees") of the City of Meridian Employee Benefits Plan Trust (the "Trust"). RECITALS A. The City of Meridian entered into that certain City of Meridian Employee Benefits Plan Trust Agreement, dated as of December 19, 2019 ("Trust Agreement"), to establish the Trust and to provide health care benefits of and for the benefit of City of Meridian, Idaho employees. B. In accordance with Section 3.13 of the Trust Agreement, the Trustees desire to amend the Trust Agreement as set forth in this Amendment. C. The Trustees therefore amend the Trust Agreement upon the terms and conditions of this Amendment. AMENDMENT NOW, THEREFORE, the Trustees agree as follows. 1. Definitions. Except as specifically defined otherwise in this Amendment, all of the terms herein shall have the same meaning as contained in the Trust Agreement. 2. Amendment to Section 3.6. Section 3.6 of the Trust Agreement is amended, and the section shall provide in its entirety as follows: 3.6 REMOVAL. A Trustee may be removed from office by a majority vote of the City Council if the Trustee does not demonstrate the character, fitness, and competence to function as a Trustee. In the event the City Council does remove a Trustee for cause as described in this Section 3.6, notice of the Trustee's removal shall be sent by registered or certified mail and shall state a date when the removal shall take effect. 3. Reaffirmation of Trust Agreement. The Trustees acknowledge and reaffirm the Trust Agreement. 4. Governing Law. This Amendment is governed by, and construed in accordance with, the laws of the state of Idaho. 5. Effects of This Amendment. This Amendment shall be binding and deemed effective when it is executed by the Trustees. All terms, covenants, and conditions of the Trust Agreement that have not been expressly modified, amended, or otherwise changed by this Amendment are reaffirmed and remain in full force and effect. FIRST AMENDMENT TO THE CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT - I FIRST AMENDMENT TO THE CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT - 1 FIRST AMENDMENT TO THE CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT This Amendment is made effective as of January ____, 2020 by the undersigned trustees (“ Trustees ”) of the City of Meridian Employee Benefits Plan Trust (the “ Trust ”). RECITALS A. The City of Meridian entered into that certain City of Meridian Employee Benefits Plan Trust Agreement, dated as of December 19, 2019 (“ Trust Agreement ”), to establish the Trust and to provide health care benefits of and for the benefit of City of Meridian, Idaho employees. B. In accordance with Section 3.13 of the Trust Agreement, the Trustees desire to amend the Trust Agreement as set forth in this Amendment. C. The Trustees therefore amend the Trust Agreement upon the terms and conditions of this Amendment. AMENDMENT NOW, THEREFORE, the Trustees agree as follows. 1. Definitions. Except as specifically defined otherwise in this Amendment, all of the terms herein shall have the same meaning as contained in the Trust Agreement. 2. Amendment to Section 3.6. Section 3.6 of the Trust Agreement is amended, and the section shall provide in its entirety as follows: 3.6 REMOVAL. A Trustee may be removed from office by a majority vote of the City Council if the Trustee does not demonstrate the character, fitness, and competence to function as a Trustee. In the event the City Council does remove a Trustee for cause as described in this Section 3.6, notice of the Trustee’s removal shall be sent by registered or certified mail and shall state a date when the removal shall take effect. 3. Reaffirmation of Trust Agreement. The Trustees acknowledge and reaffirm the Trust Agreement. 4. Governing Law. This Amendment is governed by, and construed in accordance with, the laws of the state of Idaho. 5. Effects of This Amendment . This Amendment shall be binding and deemed effective when it is executed by the Trustees. All terms, covenants, and conditions of the Trust Agreement that have not been expressly modified, amended, or otherwise changed by this Amendment are reaffirmed and remain in full force and effect. Meridian City Council Meeting Agenda January 7, 2020 – Page 461 of 552 6. Counterparts. This Amendment may be executed in counterparts and may be delivered by electronic or facsimile transmission. Each such counterpart shall constitute an original, but all such counterparts shall constitute but one Amendment. The Trustees have executed this Amendment effective as of the date first written above. TRUSTEES: % William Lloyd Mossman Nary Alexander Ronald Freitag Eric Kent Strolberg Christena Ann Barney PASSED By The City Council Of The City Of Meridian, Idaho, this r��day of January 2020. APPROVED By The Mayor Of The City Of Meridian, Idaho, this day of January 2020. MAYOR T Y DE WEERD STATE OF IDAHO, ) ss: County of Ada 'Za zU On this—�y' day ofl aIAL0 ,-204-9', before me, the undersigned, a Notary Public in and for said State, personally appeared TAMM DE WEERD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. k�L AL)CHARLENE WAY N14"Notary Publicf Idaho, COMMISSION #67390 Residing At: - Q%%/c,�LQO� NOTARY PUBLIC My Commission Expires:A-,-,Q 6.Qn STATE OF IDAHO IMY COMMISSION EXPIRES 3/28/22 FIRST AMENDMENT To THE CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT - 2