HomeMy WebLinkAboutresolution.council.037-82RECORD OF PROCEEDINGS
100 Leaves
RESOLUTION NO. ~ (Series of 1982)
A RESOLUTION PURSUANT TO SECTION 31-30-313, C.R.S. 1973, AS
AMENDED, FINDING THAT NO PERSON NAMED IN TITLE 31, ARTICLE 30,
PART 3, C.R.S. 1973, IS, AND NO SUCH PERSON CAN, BECOME INELIGIBLE
FOR PAYMENT OF A BENEFIT FROM THE ASPEN POLICE RETIREMENT PLAN AND
AUTHORIZING THE REMAINING MONEY IN THE FUND TO BE USED FOR
POLICE DEPARTMENT PROGRAMS AND ACTIVITIES, AS PROVIDED IN SECTION
31-30-313(2) (a), C.R.S. 1973, AS AMENDED
WHEREAS, pursuant to Resolution No. 62 ( Series of 1981), the
City Clerk caused to be published in the Aspen Times (a newspaper
having g2neral circulation within the City of Aspen) notice con-
cerning the use of money in the Aspen Police Retirement Plan, as
evidenced by the affidavit of service annexed hereto and incor-
porated herein; and
WHEREAS, the City of Aspen has provided a copy of such pub-
lished notice to the Board of Directors of the State Fire and
Police Pension Association, as evidenced by the affidavit of the
City Clerk annexed hereto; and
WHEREAS, more than sixty (60) days have elapsed since the
publication of the aforsaid notice and the date a copy of the
same has been provided to the Board of Directors of the State Fire
and Police Pension Association; and
WHEREAS, The City Council has not received a written objec-
tion concerning its proposed use of monies in the Aspen Police
Retirement Plan; and
WHEREAS, pursuant ot Section 31-30-313, C.R.S. 1973, as
amended, the City Council desires to find that no person named in
Title 31, Article 30, Part 3, C.R.S. 1973, is, and no such person
RECORD OF PROCEEDINGS
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can become, eligible for payment of a benefit from the Aspen
Police Retirement Plan and authorize the remaining money in the
fund to be used for the purposes provided in Section 31-30-313
(2) (a), C.R.S. 1973, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council hereby finds that no person named in Title
31, Article 30, Part 3, C.R.S. 1973, is , and no such person can
become eligible for payment of a benefit from the Aspen Police
Retirement Plan.
Section 2
Pursuant to Section 31-30-313 (2)(a), C.R.S. 1973, as amended,
the City Council hereby authorizes and directs that the monies in
the Aspen Police Retirement Fund be used for the following purposes:
General Police Department programs and activities,
including but not limited to law enforcement, crime
prevention, patrol, investigations, traffic safety,
and expenditures directly and indirectly related and
necessary to these functions.
Dated: ~ ~ ~ ,_1982.
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held~~ '
1982.
RECORD OF PROCEEDINGS
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AFFIDAVIT
STATE OF COLORADO)
)
COUNTY OF PITKIN )
SS.
The undersigned being first duly sworn, deposes and says
as follows:
1. My name is Kathryn S. Koch at all times relevant hereto,
I have been the duly appointed City Clerk of the City of Aspen,
Colorado.
2. As City Clerk, I sent by U.S. Postal Service certified
mail, return receipt requested, a copy of a resolution of the
City Council fo the City of Aspen, Colorado, giving notice of
the City's intent to dissolve the Aspen Police Retirement Plan
to the Colorado Fire and Police Pension Association, 1410 Grant
Street, Suite B-105, Denver, Colorado 80203. The resolution sent
was Resolution No. 62 (Series of 1981). The copy, which was sent
under U.S. Postal Service Certification No. 8901356, is identical
to that published in the Aspen Times on December 13, 1981.
3. The U.S. Postal Service return receipt or Certification
No. 8901356, a copy of which is attached, indicated that the reso-
lution was delivered on September 29, 1982.
Further Affiant Sayeth Not
Kathryn ~oc~ City Clerk
The foregoing was sworn to and subscribed before me personally
on December 13, 1982, by Kathryn S. Koch, City Clerk of the City of
Aspen, Colorado. /~× ~ _
,t
UNITED STATES POSTAL SERVICE
RETURN
TO
Tho .A. sl:0n Times
Box E
Aspen, Colorado
PROOF OF PUBLICATION
~fATE OF COLORADO
County of Pitkin
l, W{]'[{am ]~. ~na,,.la_v do solemnly swear that
I am the Publisher of THE ASPEN TIMES;
that the same is a weekly newspaper printed, in whole or in part,
and published in the County of Pitkin, State of Colorado, and has
· general circulation therein; that said newspaper has been pub-
lished continuously and uninterruptedly in said County of Pitkin,
for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertise-
ment; that said newspaper has been addmitted to the United States
meiis as second-class matter under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that said news-
paper is a weekly newspaper duly qua]flied for publishing legal
notices and advertisements with the meaning of the laws of the
State of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire issue of every ndmber of said weekly
newspaper for the period of '] consecutive, insertions; and
that the first publication of said notice was in the /ssue of said
newspaper dated December ~__ A.D. 19 ~'] and that
the last publication of said notice was in the issue of said news-
papedr dated A.D., 19
Subscribed and sworn to before me, a notary public in and for
the County of Pitkin, State of Colorado, this--(O ~ day of
t
N~-~ry Public
Copy of Notice
public notice ..
A NOTICE CONCERNING THE USE OF
MONEY IN THE ASPEN POLICE RE*
TI~M~NT pLAN
NOTICE IS HEREBY GIVEN that put-
Co. ocli.
th~ intent of the City Council to adopt a
K~thryn Koch
City Clerk