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05-77 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 05-77 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY ADOPTING THE ICMA-RC 457 DEFERRED COMPENSATION PLAN AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS/HER DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PLAN. WHEREAS, THE TOWN OF PROPER HAS EMPLOYEES RENDERING VALUBLE SERVICES;AND WHEREAS, THE ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN FOR SUCH EMPLOYEES SERVES THE INTERESTS OF THE TOWN OF PROSPER BY ENABLING THE TOWN TO PROVIDE REASONABLE RETIRMENT SECURITY FOR ITS EMPLOYEES AND BY ASSISTING IN THE ATTRACTION AND RETENTION OF COMPETENT PERSONNEL;AND WHEREAS, THE TOWN OF PROSPER HAS DETERMINED THAT THE ESTABLISHMENT OF A DEFERRED COMPRENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION SERVES THE ABOVE OBJECTIVES;AND WHEREAS, THE TOWN OF PROSPER DESIRES THAT THE DEFERRED COMPENSATION PLAN BE ADMINISTERED BY THE ICMA RETIRMENT CORPORATION, AND THAT SOME OR ALL OF THE FUNDS HELD UNDER SUCH PLAN BE INVESTED IN THE VANTAGE TRUST COMPANY, A TRUST ESTABLISHED BY PUBLIC EMPLOYERS FOR THE COLLECTIVE INVESTMENT OF FUNDS HELD UNDER THEIR RETIREMENT AND DEFERRED COMPENSATION PLANS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town of Prosper, Texas, adopts the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. SECTION 2: The Town of Prosper hereby executes the Declaration of Trust of the VantageTrust Company intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the VantageTrust Company. SECTION 3: The assets of the Plan shall be held in trust, with the Town of Prosper serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. SECTION 4: The Plan will permit loans and will offer a sidecar IRA program. SECTION 5: The Town of Prosper hereby agrees to serve as trustee under the Plan. SECTION 6: The Town Administrator or his/her designee is hereby authorized to execute all documents necessary to implement the ICMA-RC 457 Deferred Compensation Plan and shall be the coordinator for this program; shall receive necessary reports, notices, etc.from the ICMA Retirement Corporation or the VantageTrust Company; shall cast, on behalf of the Town of Prosper, any required votes under the VantageTrust Company. SECTION 7: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 11th day of October, 2005. h s Nis anger, May ATTEST TO: hanae Jennings, n Secretary