HomeMy WebLinkAbout760336.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT FOR PERPETUAL CARE AND MAINTENANCE
BETWEEN THE CITY OF EVANS AND THE COUNTY OF WELD REGARDING
A PORTION OF THE EVANS CEMETARY.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado , are vested with the authority of administering the
affairs of Weld County, Colorado , and
WHEREAS, it has come to the attention of the Board of
County Commissioners of Weld County , Colorado , that Weld County
is responsible for the maintenance and care of a certain portion
of the Evans Cemetary located in the northwest corner thereof
which area has been used by Weld County for the burial of
indigents, and
WHEREAS, it is in the best interest of Weld County, Colorado,
to enter into an agreement for perpetual care between the City
Council of the City of Evans , Colorado, and the Board of County
Commissioners of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners of Weld County ,
Colorado, desires to enter into an agreement for perpetual care
between the City of Evans, Colorado , and the County of Weld,
a copy of which agreement is attached hereto and incorporated in
this Resolution by reference.
NOW, THEREFORE, BE IT RESOLVED , by the Board of County
Commissioners of Weld County, Colorado , that Weld County enter
into the attached agreement for perpetual care of the Weld
County portion of the Evans City Cemetary.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on this 17th day of
November , A. D. , 1976.
, BOARD OF COUNTY COMMISSIONERS
ATTEST: d WEL COUNTY, COLORADO
Weld County Clerk a d Recorder d�W xedi (1/
and Clerk to the rd
_
BY , 1. _ '1/41 , (, l ..,{--
Deputy County Clerk c ) i
APPR ED A T-0-FORM : % / 42-70 ,A„,—
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County Attorney
760336
AGREEMENT FOR PERPETUAL CARE
THIS AGREEMENT, made and entered into this 17th day of
November, 1976, by and between the CITY COUNCIL OF THE CITY
OF EVANS, COLORADO, hereinafter referred to as City of Evans,
and BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO,
hereinafter referred to as Weld County;
That for and in consideration of the sum of Fifteen
Thousand Dollars ($15, 000. 00) agreed to be paid by Weld County
to the City of Evans , City of Evans agrees as follows :
1 . To place the sum of $15, 000. 00 into a Cemetery Trust
Fund with the United Bank of Greeley, Colorado as trustee ,
and enter into a trust agreement , a copy of said trust agree-
ment entitled Weld County Cemetery Trust , attached hereto and
made a part hereof by reference.
2. To use the income from said Weld County Cemetery Trust
to perpetually care for an area in the northwest corner of the
Evans Town Cemetery, which has been used by Weld County for the
burial of indigents, by seasonably, and as often as necessary
each year, keeping grass properly cut and trees and shrubbery
trimmed, and preserving in good order, the surface of the
ground around and adjacent to said area, subject to the laws
of the State of Colorado relating thereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
CITY COUNCIL OF THE CITY OF
EVANS, COL RADO/
)By:
ATTEST: ayo
Town Clerk
C27tenit, ...\11 ,,,e, ,
BOARD OF COUNTY COMMISSIONERS
`� �- ��! WELD 1 TY, COLORADO
` TQCtibwne�in� BY : O..uurn /ear
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Board
Bye%L,n...,u.er(2. A/etc-dal
Deputy Cou trClerk (� ''�
//
TRUST AGREEMENT
WELD COUNTY CEMETERY TRUST
THIS// AGREEMENT, made and entered into this J/i�.t day of
ec e b,f�e,Q , 1976, by and between the City Council of the City
of Evans, Colorado, as Settlor, and the United Bank of Greeley, Colorado,
as Trustee:
I
The Settlor does hereby agree to transfer, assign and set
over unto the Trustee the sum of Fifteen Thousand Dollars ($15,000.00)
in cash for the purpose of creating a trust to be known as the Weld
County Cemetery Trust and for the uses and purposes hereinafter set forth.
II
The United Bank of Greeley, Colorado, shall hold said property
in trust and administer the trust estate and shall have the following
powers and authorities:
(a) To receive, retain and possess as part of the trust
estate and subject to all provisions of this Agreement, the sum of
Fifteen Thousand Dollars ($15,000.00) cash, together with any and all
other property the Settlor may hereafter transfer unto the Trustee with
instructions to hold the same under the terms of this Agreement and cause
the same to be invested and reinvested in the types and kinds of invest-
ments as are proper legal investments for governmental units which are
or may from time to time be declared by the laws of the State of Colorado
to be proper for governmental units.
(b) To sell all or any part of the trust estate and invest
and reinvest the proceeds therefrom in the same types and kinds of in-
vestments as are mentioned in Paragraph (a) above.
(c) To make distribution annually to the City of Evans only
out of the accumulated net income of the trust estate.
(d) To do all things necessary or proper for the accomplish-
ment of any of the foregoing powers.
The net income from the trust estate shall be paid by the
Trustee to the City of Evans in care of the Clerk of the City of Evans,
Colorado, and in such a manner as not to interfere with the investments
made by the Trustee. It is expressly understood and agreed that the
Trustee shall have no power to invade the corpus of the trust estate
for any purpose whatsoever except that in the event the City of Evans
shall cease to be the owner and operator of the Evans Town Cemetery,
then and in that event upon proper order of a court of competent juris-
diction, the Trustee may pay over the corpus of the trust estate to the
predecessors in interest of the City, specifically the new owners or
operators of the Cemetery.
IV
it is hereby declared by the Settlor that this trust shall
be irrevocable from the date of this Agreement except as herein pre-
viously set forth, that in the event the City Council of the City of
Evans, or its predecessors in interest, shall cease to own and operate
the Evans Town Cemetery, this trust may be terminated by a Colorado
Court of competent jurisdiction.
V
The United Bank of Greeley, Colorado, as Trustee, shall be
entitled to receive and may retain as compensation for its services
hereunder a fee for the administration of the trust estate. The Trustee' s
fee shall be no more than the trustee fee ordinarily charged by the
Greeley Association of Commercial Banks within the City of Greeley,
Colorado, having trust departments and administering trusts of the same
or similar size and character.
Vi
The Settlor hereby declares that. this Agreement and the
trust created hereby shall be construed under and regulated by the
laws of the State of Colorado and the validity and effect of this
Agreement and of this trust shall be determined in accordance with
the laws of that State and that the Trustee shall not be required to
account in any Court other than a court of competent jurisdiction in
the State of Colorado.
IN WITNESS WHEREOF this trust has been executed the day
and year first above written.
CITY COUNCIL OF THE CITY OF EVANS,
COLORADO
C c .�.1
MAYOR
ATTEST:
CITY CLERK
THE UNITED BANK OF GREELEY
BY �_))�_C- /I: ,�---
TRUST OFFICER
CITY OF
AgILTIrn
POST OFFICE BOX 59 EVANS, COLORADO 80620 EVANS
NS
December 1 , 1976 FOUNDED IB69 XOMER LE 1913
COLORA9O
Mary Ann Feuerstein
County Clerk & Recorder
Weld County Court House
Greeley, Colorado 80631
Dear Mrs. Feuerstein:
Enclosed please find a fully executed copy of the agreement
for perpetual cemetery care between the City of Evans and
Weld County.
An executed copy of the bank trust agreement will be for-
warded to you upon finalization.
Sincerely,
CITY Of EVANS f
✓`' J /
/ LaVerne L. Ijames
/ City Manager
LLI/cm
Enc.
olfrce of the city manager 356-6313 police department 352-2441 office of the city clerk 356-6771)
RECEIPT FOR CERTIFIED MAIL-30c, (plus postage)
/ SENT TO POSTMARK
Evans City Manager OR GATE
Ld': STREET AND NO.
CWI _.P.__Q_Bnx 54 ek., P.O., STATE AND ZIP CODE
Evans, Colorado 80620 11-17-76
ej OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered 154
C_C RECEIPT With delivery to addressee only . 654
SERVICES Y. Shows to whom,date and where delivered.. 354
With delivery to addressee only 854
DELIVER TO ADDRESSEE ONLY _ _ 504_
O SPECIAL DELIVERY -
y (extra fee required)
Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL 1(
y GPO: 1949 0-551-959`,
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PS Form 3511, la. 1975 RETURN RECEIPT, REGISTERED, INEUR AND CERTIFIED MAIL
CITY op
siesik
POST OFFICE BOX 59 EVANS, COLORADO 80620 EVANS
January 28, 1977 FOUNDED 1069 HOME RULE 1973
COLORAtjO
Rita Kummer
Deputy County Clerk
Weld County Court House
Greeley, Colorado 80631
Dear Rita:
Enclosed please find a copy of a fully executed Trust Agreement
between the United Bank of Greeley and the City of Evans cover-
ing the Weld County Cemetery Trust Fund.
If you have any questions regarding this agreement please let
me know.
Sincerely,
CITY O
La me L. Ijames
Ci y Manager
LLI/cm
Enc. 1
of of the city manager 356-6313 police department 352-2441 office of the city clerk 356 6/70
UNITED DANK OF GREELEY -- TRUST DEPARTMENT
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