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Home My WebLink Aboutresolution.council.062-81RECORD OF PROCEEDINGS 100 Leaves P~ESOLUTION NO. ~ (Series of 1981) A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A SIX'Df-DAY NOTICE OF THE CITY COUNCIL'S INTENT TO ADOPT A RESOLUTION PURSUANT TO SECTION 31-30-313 C.R.S. 1973, AS AMENDED, FINDING THAT NO PERSON N~ED IN TITLE 31, ARTICLE 30, PART 3, C.R.S., IS, AND NO SUCH PERSON CAN, BECOME ELIGIBLE FOR PAYMENT OF A BENEFIT~FROM THE ASPEN POLICE RETIREMENT PLAN AND AUTHORIZINGA IN THE FUND ~,~ ~,~.mr, t~lmT~ ~v m~. ~ .... OF AS~E/~ ~ BE USED FOR THE PURPOSES PROVIDED IN SECTION 31-30-313(2)(a) C.R.S. 1973, AS AMENDED WHEREAS, Section 31-30-313(2)(a), C.R.S. 1973, as amended, provides as follows: "(2)(a) If the governing body o~ a municipality, Dy resolu- tion, finds that no person named in this part 3 is, and no such person can become, eligible for the pay- ment of a benefit from the municipality's police- men's pension established pursuant to this part 3, it may authorize use of the money in the fund to znaKe contributions to the fire and police members' benefit fund pursuant to section 31-30-1013(2) or to make contributions under the Federal social security laws i~ the municipality's police officers are covered Dy the social security laws. In addition, any money in the fund which is attributable to con- tributions by the municipality and to interest on such contributions may be used ~or any police- related purpose and, if no such police-related need exists, then for any purpose as decided by the governing body of the municipality." and, WHEREAS, Section 31-30-313(2) b), C.R.S. 1973, as amended, provides as follow: "(2)(b) At least sixty days before adoption of the resolu- tion, the governing body of the municipality shall publish one notice zn a newspaper having general circulation within the municipality and shall pro- vide a copy of such published notice to the Board of Directors of the State Fire and Police Pension Association established pursuant to part 10 of this article. The notice shall state the intent of the governing body to use the money in the policemen's pension fund ~or the purposes permitted in this section (2). The notice shall state that persons who believe they are or may be entitled to benefit payments from the fund shall have fifty days from the date of the notice in which to file an objec- tion, in writing, with t~e governing body regarding its proposed use of the fund. If any such written objection is received, the governing body shall hold a public hearing before adoption of any reso- RECORD OF PROCEEDINGS 100 Leaves and, lution under this subsection (2) with prior pub- lisl%ed notice of the time and place of the hearing as we±l as written notice of such hearing mailed, by certified mail, to each person filing a written ob3 ection." Board of Trustees of the Aspen Police Retirement Plan has advised the City Council that, to the best of its know- ledge, no person named in Title 31, Article 30, Part 3 is, and no such person can become, eligible for payment of a benefit Aspen Police Retirement Plan, and the City Council therefore desires to adopt a resolution pursuant to the requirements of WHEREAS, the f rom the Section 31-30-313, C.R.S. 1973, as amended, and use the monies of the plan as authorized therein; and WHEREAS, the City Council desires, in accordance with Section 31-30-313(2)(D), C.R.S. 1973, as amended, to direct the City Clerk to publish the necessary notice and provide a copy of such pub- lished notice to the Board of Director of the State Fire and Police Pension Association C.R.S. Article 30, Part 10, NOW, THEREFORE, BE IT CITY OF ASPEN, COLOF~ADO: Section 1 established pursuant to Title 31, 1973, as amended. RESOLVED BY THE CITY COUNCIL OF The City Clerk be and she hereby is directed to publish the following notice in The Aspen Times, a newspaper having general circulation within the City of Aspen, and to provide a copy of such published notice to the Board of Directors of the State Fire and Police Pension Association, pursuant to the requirements of Section 31-30- 3±3(2)(b), C.R.S. 1973, as amended: "A NOTICE CONCERNING THE USE OF MONEY IN THE ASPEN POLICE RETIREMENT PLAN NOTICE IS HEREBY GIVEN that pursuant to Section 31-30-313(2), C.R.S. 1973, as amended, the City Council of the City of Aspen, Colorado, intends to adopt a resolution dissolving the Aspen Police Retiremen~ Plan and authorizing the use of funds from the RECORD OF PROCEEDINGS 100 Leaves plan for the purposes specified, and that any money in the plan which is attributable to contributions by the City of Aspen may be used for a police-related purpose and, if no such need is found to exist, then for any purpose as decided by the City Council. All persons who believe that they are or may be entitled to bene- fit pa~ents from the plan shall have fifty (50) days from the date of this notice in which to file an ob3ection, in writing, to the City Council of the City of Aspen concerning its proposed use of monies in the Aspen Police Retirement Plan. Unless an objec- tion is received, it is the intent of the City Council to adopt a resolution not less than sixty (60) days from the date of the pub- lication of this notice, finding that no person name~ in Title 31, Article 30, Part 3, C.R.S. 1973, as amended, is, and no such per- son can become, eligible for pa~ent of a benefit from the Aspen Police Retirement Plan and to thereupon authorize the use of monies as provided Dy Section 31-30-313(2)(a), C.R.S. 1973, as amended. Dated: ~ ~ ./~/ He~~~~ I, Katnryn 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 meetin§ held ~_ ~ 1981. Katnryn S.~ch, City Clerk