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110 <br /> <br />occupancy of the public right-of-way or operation of the <br />cafe. The operator shall maintain in force during the term <br />of this permit public liability insurance with a minimum of <br />$300,000 single limit coverage, which shall name the City as <br />an additional insured, and the operator shall furnish the <br />City Attorney with satisfactory evidence of such coverage. <br /> <br /> 8. This permit may be revoked by City Council at any <br />time after a hearing conducted at any regular meeting, <br />provided the operator has been notified of the hearing by <br />written notice delivered to its place of business at least <br />five days before such meeting, if the Council finds that the <br />operator is violating the terms of the permit, or is <br />delinquent in paying rent which may subsequently be imposed <br />hereunder, or that the continued operation of the cafe poses <br />a threat to the public health, safety or welfare or <br />constitutes a public nuisance. <br /> <br /> 9. This permit may be revoked at any time upon six <br />months' notice to the operator, for any public purpose as <br />determined by the Council. If by May 15th in any calendar <br />year covered by this permit the outdoor cafe is not set up <br />and in operation, the Council may consider revoking'this <br />permit upon 15 days written notice to the operator. If the <br />cafe ceases operation for a period of 30 days or more prior <br />to Labor Day of any year, Council may also consider <br />revocation of this permit upon 15 days written notice to the <br />operator. <br /> <br />RESOLUTION: REGARDING FORM OF ICMA DEFERRED COMPENSATION <br /> <br /> Mr. Hendrix stated that the resolution would provide for <br />co-mingling of certain funds to create a trust in the ICMA <br />Deferred Compensation Plan and would indicate Council's <br />willingness to continue the program. <br /> <br /> On motion by Mrs. Gleason, seconded by Dr. Hall, the <br />resolution adopting the form of ICMA Deferred Compensation <br />was unanimously approved by Council. <br /> <br /> WHEREAS, the City has previously agreed to allow certain <br />top management employees to participate in a deferred <br />compensation plan provided by the International City <br />Management Association Retirement Corporation (ICMA RC); and <br /> <br /> WHEREAS, in 1983, the ICM~ RC introduced a new <br />retirement trust for its plan and has been converting <br />participants gradually to this trust arrangement; and <br /> <br /> WHEREAS, the ICMA RC will no longer allow participation <br />without adoption of the ICMA Retirement Trust; and <br /> <br /> WHEREAS, there will be no material changes in the manner <br />in which the deferred compensation plan is administered under <br />the trust and the trust structure will allow the City more <br />control over the plan~ and <br /> <br /> WHEREAS, the City desires to continue to allow its top <br />management employees to participate in the plan; now, <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville that: <br /> <br /> 1. The City hereby executes the Declaration of Trust of <br />the ICMA Retirement Trust, attached hereto and marked as <br />Appendix B (there being no other appendix)~ and <br /> <br /> 2. The City's Benefits Administrator or the successor <br />in function thereto shall be the coordinator for this program <br />and shall receive necessary reports, notices, etc. from the <br />ICMA Retirement Corporation or the ICMA Retirement Trust, and <br />shall cast, on behalf of the City, any required votes under <br />the program. Administrative duties to carry out the plan may <br /> <br /> <br />