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HomeMy WebLinkAbout20-Cultural & Intgernational Affairs - -- ..k:l L ..... CITY OF SAN BeRN~DINO - ReQUeST FbA COUNCIL ACTION F~ Thelma Press, Director D.)P.' Cultural and International Affairs Subject: Donation from the Bicentennial Constitution Committee to the City of San Bernardino to be held in a Trust Fund for the Tri Centennial Constitution Committee. Date: Ocotber 8, 1990 Synopsis of Previous Council ection: NONE Recommended moti.on: o Adopt resolution. ~JytV ctV~ Signature Contect person: THELMA PRESS Phone: 5114 Supporting data atteched: YES Ward: FUNDING REQUIREMENTS: Amount: -0- Source: Finance: eco Notes: 7$.0262 Agenda Item No ~o o o o 10 11 12 13 14 18 19 o o 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT FOR THE TRI-CENTENNIAL CONSTITUTION COMMITTEE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City a Trust Agreement for the Tri Centennial Constitution Committee. 8 9 SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1990, by the following vote, to wit: 15 16 day of Council Members: NAYS ABSTAIN AYES 17 ESTRADA REILLY FLORES 20 MAUDSLEY 21 MINOR 22 POPE-LUDLAM 23 24 MILLER 25 City Clerk 26 27 / / / / / / 28 DAB/ses/TrustAgr.res October 11, 1990 1 o o o 10 11 JJ>I a. - o o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT FOR THE TRI-CENTENNIAL CONSTITUTIONAL COMMITTEE. 2 3 4 The foregoing resolution is hereby approved this day of , 1990. 5 W. R. Holcomb, Mayor 6 City of San Bernardino 7 Approved as to form and legal content: 8 9 JAMES F. PENMAN, City Attorney By: Ott~l ~~ o 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/ses/TrustAgr.res October 11, 1990 2 ""..'~. 1. - - - . - c T Y o F Os A N B E R NOA R D N 0 SAN BERNARDINO o BICENTENNIAL COMMISSION OF THE UNITED STATES CONSTITUTION WILLIAM R. COLEMAN Chairman THELMA PRESS Executive Director The City of San Bernardino was officially recognized as a Bicentennial Constitution Community in September 1987-1990. The Committee Members were as follows: Hal Boring Dr. William Coleman Fred Coops Larry Harvey Dave Light Esther Mata Arthur Nelson Chuck Palmer Thelma Press Harry Reubottom Duke Rouse Olive Short George Webster The Liberty Bell Ceremony in September, 1987 highlighted the opening of the four year celebration in our city. o Each year schools were invited to participate in programs during Constitution Week to honor our great Books were displayed at our main Library relating constitution. special legacy. to our The committee, through Judge Rouse, was involved in the ceremonies for new U. S. Citizens to bring to their attention the function of "We the People" in government and the direct effects of the constitution. The highlight of the celebration was a coin design contest which was won by a nine year old city school student. The committee as of November 1990 will no longer be in effect. Committee Members and interested citizens have donated $1,000 to be held in a trust by the City of San Bernardino for the Tri Centennial Constitution Committee (see attached agreement). The amount is deposited with Life Savings Bank at Highland Avenue in San Bernardino, California. Dr. William Coleman, Chairman will make the presentation at a November Council Meeting. doc. bicentennial o City Hall I Office of the Mayor 300 North '0' Street San Bernardino. California 92401 714/384-5114 PRIDE ~ 9ESS o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ..il ~ - - A o o TRUST AGREEMENT (Tri-Centennial Constitution Celebration) THIS TRUST AGREEMENT IS ENTERED INTO THIS day of , 1990, by and between Dr. William & Monique Coleman, Larry & Evelyn Harvev, Jack & Jennie Hil] Bob & Penny Holcomb , Bill Lemann , Esther Mata , Arthur & Katherine Nelson , Olen & Norine Miller Lou & Thelma Press and George & Irene Webster, as Trustors, and the CITY OF SAN BERNARDINO, a municipal corporation, as Trustee. WIT N E SSE T H: WHEREAS, each person hereinabove specified as Trustors desire to transfer and deliver to the Trustee the sum of one hundred dollars ($100.00), for a total sum of one thousand dollars ($,1000.00), which said sum is to be maintained and invested at interest with all interest accumulating thereon until the time of distribution as provided herein; and WHEREAS, it is anticipated that said sum will grow and increase until by the year 2087 A.D. it will be approximately $1,068,753; and WHEREAS, Trustors desire to make said transfer and Trustee desires to accept said funds upon the terms and conditions hereinafter set forth, NOW, THEREFORE, it is agreed as follows: 1. Trustors have transferred and delivered the sum of one thousand dollars ($1,000.00) to Trustee to be held in trust until the year 2087 A.D. Receipt of said sum is hereby acknowledged by Trustee. o o o 1 2 - - - - -. c o 2. Trustee shall maintain said sum of one thousand dollars ($1,000.00) in an interest bearing account, or other like account or instrument certificate of deposit 3 with a bank, savings and loan association or other like 4 financial institution located in the City of San Bernardino, 5 California. The Life savings Bank, 1598 E. Highland Avenue, 6 San Bernardino, California, or its successors in interest, 7 is hereby designated as the initial depository for said 8 funds. At the discretion of the Trustee, funds may be placed 9 in the highest yielding tyPe of investment that is approved 10 under the California Government Code and offered at the 11 designated bank; such funds may also be placed in a similar 12 account at another financial institution in the City of San 13 Bernardino, in Trustee's discretion. 14 15 3. Said funds shall be maintained by Trustee intact with all interest accumulating and drawing interest until 16 January 1, 2087 A.D. 17 4. On January 2, 2087 A.D., Trustee shall distribute 18 one-half of the total sum so held in trust to the San 19 Bernardino Tri-Centennial Constitution commission or 20 equivalent organization as here~nafter provided for the sole 21 and exclusive purpose of celebr~ting the ratification of the 22 u.S. Constitution ,in the City of San Bernardino during the 23 year of 2087 A.D. Trustee shall distribute the remaining 24 one-half of the total sum so held in the trust for the u.S. 25 Government for the sole and exclusive purpose of celebrating 26 the ratification of the u.S. Constitution during the year of 27 28 2087 A.D., said funds to be turned over to the appropriate agency organizing the Tri-Centennial promoting and celebration of the U.S. Constitution. If more than one such o o o 1 2 3 - - o 0 " agency exists, the advisory committee shall determine which federally recognized committee shall receive the funds hereunder. 5. A Tri-Centennial Constitution advisory committee 4 comprised of the original ten (10) Trustors is hereby 5 established for the sole purpose of meeting every ten years 6 after the date of this agreement, reviewing the progress of 7 the invested funds; and maintaining interest in the Tri- 8 9 centennial Constitution celebration. In the event of the resignation of an advisory committee member from the 10 advisory committee, or in the event of his or her demise 11 during the term hereof, then the Mayor and Common Council of 12 the City of San Bernardino shall appoint replacement 13 successor committee members based upon the following order 14 15 of preference: (a) Lineal descendants of the original Trustors in 16 order of degrees of relationship who reside within the City; 17 (b) Other relatives of the original Trustors; 18 (c) Any other person. 19 The determination of the Mayor and Common Council of 20 the City of San Bernardino as Trustee with respect to the 21 appointment of successor committee members shall be final 22 and conclusive. 23 24 successors in interest to the original Trustors shall meet 6. On July 1, 2086, the then existing and appointed 25 and form the City of San Bernardino Tri-Centennial 26 Constitution Commission or equivalent organization for the 27 28 purpose of organizi~g and promulgating the Tri-Centennial constitution celebration during the year 2087 within the City of San Bernardino. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o - 7. Tha~t of any payme~ made pursuant to ~etue Paragraph 4 of this Trust Agreement, the trustee shall enter into an agr~~ment with the recipient committee to the effect that the trustee .shall reserve the right to commence administrative or civil action against such recipient if such funds are not used in and for the public interests of the City of San Bernardino Tri-Centennial Constitution Celebration. 8. The interest of any beneficiary hereto is not subject to vOluntary or involuntary transfer. 9. This trust shall terminate on December 31, 2087. funds not expended shall be transferred to the Treasury of the City of San Bernardino and used for general municipal purposes. 10. This trust shall be irrevocable and shall not be subject to amendment or alteration, and the Trustors hereby charge, release and relinquish all right, title and interest in the funds transferred hereunder and all accumulated interest. All management and control of the trust and all accumulated income shall be corpus of the at all times vested entirely in ~e Trustee. 11. The Trustee shall not receive any compensation for its services. hereunder, it being agreed and understood that ~e services of the Trustee are provided in consideration of the promotion of the Tri-Centennial celebration of the U.S. Constitution for the City of San Bernardino. 12. This trust has been accepted by Trustee and will be administered in the State of California, and its validity, construction and all rights thereunder shall be governed by the laws of ~at state. If any provision of 1 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 III> ~ - ~ ~ - this Trust A~ment shall be invalid or~enforceable, the remaininq provisions thereof shall continue to be fully effective. 13. The provisions of this aqreement shall enforceable by the Trustors, and any heir, administrator, executor or assiqn of the Trustors, and shall be solely and exclusively for the overall civic benefit to the residents and citizens of the City-of San Bernardino. The Trustors and the Trustee have executed this Trust Aqreement on the day an~ year first above written. TRUSTORS TRUSTEE ATTEST: CITY OF SAN BERNARDINO By City Clerk Mayor Approved as to form and leqal content S F. PENMAN /' 1 0 2 3 4 5 6 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 - 4. - - ~ - 0 0 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On , 1990, before, me, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission expires STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO On , 1990, before me, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public in and for said County and state My Commission expires