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contributions to the trust will be irrevocable, and assets under the Trust may not <br /> be diverted for any purpose other than funding the City's OPEB liability, unless <br /> and until all liabilities associated with those benefits are satisfied; and <br /> all Trust assets will be irrevocably dedicated to, and will be used for the exclusive <br /> purpose of, providing for payments of OPEBs and for paying expenses of <br /> administering the Trust, and will not be available to any of the City's creditors. <br /> SECTION 2. That the City Council hereby appoints the Director of Finance as the <br /> Trust's trustee under the oversight of the City Manager, and will serve in that capacity in <br /> accordance with the terms of the Trust until removed or replaced by the City Manager. <br /> SECTION 3. That the Director of Finance is hereby authorized and directed to transfer, <br /> as soon as administratively practicable after the City's execution of the Trust, an amount not to <br /> exceed $7.7 million from the City's Internal Service Funds to the Trust. <br /> SECTION 4. That the Director of Finance is authorized and directed, for and on the <br /> City's behalf, to take such further action and execute such additional documents as the Director <br /> of Finance deems necessary or appropriate to carry out the foregoing resolutions. <br /> SECTION 5. City Clerk shall certify to the passage of this resolution and enter it into the <br /> book of original resolutions. <br /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br /> a regular meeting held on May 19, 2009. <br /> I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the foregoing <br /> resolution was adopted by the City Council at a regular meeting held on the 19 day of May, <br /> 2009, by the following vote: <br /> Ayes: Councilmembers Cook- Kallio, McGovern, Sullivan, Mayor Hosterman <br /> Noes: None <br /> Absent: Councilmember Thorne <br /> Abstain: None <br /> Caren Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> 7 (C4t ?L (VA <br /> Michael H. Roush, City Attorney <br />