10/28/2008 Ordinances 9195ORDINANCE NO. 9195
An ordinance to amend and restate the City of Grand Island, Nebraska Police
Officers' Retirement System Plan and Trust; to authorize further actions and reveal conflicting
ordinances previously enacted; and to provide for severability and an effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Pursuant to Nebraska Statutes, Sections 16-1001 through 16-1019,
the Mayor and Council of the City of Grand Island maintain the City of Grand Island, Nebraska
Police Officers' Retirement System Plan and Trust ("Plan") for its paid police officers, embodied
in plan documents including an adoption agreement and basic plan document attached thereto
and constituting an integral part thereof, as well as various amendments required by applicable
law.
SECTION 2. Applicable tax law requires that the Plan be amended and restated,
and for this purpose, there has been presented to the City a proposed retirement plan and trust
embodied in instruments entitled "Adoption Agreement" and "Basic Municipal Employees Plan
and Trust Agreement" as an integral part thereof ("Basic Plan Document"; and together the
Adoption Agreement and Basic Plan Document sometimes are referred to herein together as
"Agreements"), which Agreements have been reviewed by legal counsel for the City.
SECTION 3. The City does hereby approve and adopt said Agreements as the
amendment and restatement of the Plan, and makes the designations and elections with respect to
the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the
Adoption Agreement or Basic Plan Document.
J
Approved as to Form o ._
October 27, 2008 n City Attorney
ORDINANCE NO. 9195 (Cont.)
SECTION 4. That the Mayor is authorized to execute said Adoption Agreement
and Basic Plan Document on behalf of the City, and the City Administrator is authorized and
directed to provide the same to the Trustee (for its written acceptance, if determined necessary or
appropriate), and if directed herein or otherwise determined necessary or advisable, to cause said
Agreements to be submitted, together with such supporting data as may be necessary or
advisable and applicable application fee, to the Internal Revenue Service for ruling as to whether
the same complies with the pertinent provisions of the Internal Revenue Code of the United
States and, in particular, Sections 401 (a) and 501(a) thereof, with authority to make any changes
in or to the designations, elections or provisions under or of said Adoption Agreement or Basic
Plan Document and take such further actions as he or she determines necessary or appropriate to
obtain a favorable ruling.
SECTION 5. Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances as previously enacted that are in conflict with this ordinance or any part hereof are
herby repealed.
SECTION 6. Severability Clause. If any section, subsection, sentence, clause or
phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such
unconstitutionality or invalidity shall not affect the validity of the remaining portions of this
ordinance. The Mayor and City Council hereby declare that it would have passed this Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or
invalid.
SECTION 7. Effective Date. This Ordinance shall be in force and take effect
from and after passage, approval and publication as provided by law.
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ORDINANCE NO. 9195 (Cont.)
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Enacted: October 28, 2008
Attest:
Margar Hornady, Mayor
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RaNae Edwards City Clerk ~-~
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