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HomeMy WebLinkAbout6.o. Laidlaw Community Trust Agreement Amendment CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 1997 AGENDA: LAIDLAW COl��]'�VIUIVITY TRUST AGENDA SECTION: AGREEMENT AMENDMENT CONSENT PREPARED BY: THOMAS D. BURT, CITY ADMII�TISTRATOR AGEN��� � � O ATTACHMENTS: RESOLUTION APPROVED / A request has been made to amend the Laidlaw (formally U.S.P.C.I.) Trust Agreement in order to facilitate further donations to local organizations taking into account the income available to the Trust as it grows. City Attorney LeFevere prepared the attached resolution for the arnendment. RECOMMENDED ACTION: MOTION to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE LAIDLAW INC. (d.b.a. U.S.P.C.I.,INC.)ROSEMOUNT COMMUNITY TRUST AGREEMENT. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY,MINNESOTA RESOLUTION 1997- A RESOLUTION APPROVING THE AMENDMENT TO THE LAIDLAW,INC. (d.b.a. USPCI,INC.) ROSEMOUNT COMMUNITY TRUST AGREEMENT WHEREAS,the Laidlaw,Inc. (d.b.a. U.S.P.C.I., Inc.)Rosemount Community Trust is responsible for the receipt, management, and disbursement of donations received from Laidlaw, Inc., a corporation organized under the laws of the State of Delaware (hereafter the"Donor"), all pursuant to the Laidlaw, Inc. Rosemount Community Trust Agreement dated November 19, 1992, as amended(hereinafter the"Trust Agreement"); and WHEREAS,paragraph 4 of the Trust Agreement provides in part: "Subject to the foregoing, during the first five (5)years after the establishment of the trust, the Trustees may annually distribute the sum of Seventy-Five Thousand Dollars ($75,000) or the income of the hust, whichever is greater. Thereafter,the Trustee may annually distribute an amount not to exceed the income of the trust."; and WHEREAS, said provision was based on an estimated receipt of donated funds which was higher than the amount of such funds which has actually been received by the trust; and WHEREAS, an amendment to the Trust Agreement is necessary and desirable to effect the I original intent of the Trust Agreement; and WHEREAS, such amendment, which is hereinafter set forth, is consistent with the purpose and intent of the Trust Agreement; and WHEREAS,paragraph l l of the Trust Agreement provides that the agreernent may be amended by the unanimous consent of the Trustees, together with the approval of the City of Rosemount and the Donor; NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Rosemount: 1. That the City Council approves the amendment of the sentence in paragraph 4 of the Trust Agreement which reads "Subject to the foregoing, during the first five(5) years after the establishment of the trust,the Trustees may annually distribute the sum of Seventy Five Thousand Dollars ($75,000) or the income of the trust,whichever is greater."to "Subject to the foregoing, the Trustees may annually distribute the sum of Seventy Thousand Dollars ($75,000) or the income of the trust, whichever is greater,until the annual income of the trust for any fiscal year equals ar exceeds Seventy Five Thousand Dollars ($75,000)." 2. That the Mayor and Clerk are authorized and directed to execute such documents as are necessary to acknowledge the consent of the City council to such amendment. RESOLUTION 1997 - ADOPTED the 16th day of December, 1997. Cathy Busho,Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Second by: Voted in favor: Voted against: Members Absent: 2