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RESOLUTION 01- 02 <br /> <br />A RESOLUTION OF THE CITY OF ELK RIVER <br /> <br />A RESOLUTION APPROVING THE AMENDMENT <br />AND RESTATEMENT OF THE CITY OF <br /> ELK RIVER FLEXIBLE BENEFITS PLAN <br /> <br />The undersigned, Stephanie A. Klinzing , serving as Secretary of <br />City of Elk River (the "City") duly organized and existing under the laws of <br />the State of Minnesota does hereby certify that at a meeting of the City <br />Council held on the 8th day of January, 2001, at which a quorum was present, <br />the City Council unanimously approved the Amendment and Restatement of <br />the City of Elk River Flexible Benefits Plan, (the "Plan"). <br /> <br />That the following is a true and correct copy of said Resolution: <br /> <br />WHEREAS, City of Elk River previously adopted the City of Elk <br /> River Flexible Benefits Plan; <br /> <br />WHEREAS, City of Elk River desires to amend and restate such Plan <br /> as presented to the City Council. <br /> <br />NOW, THEREFORE, BE IT RESOLVED that the City of Elk River <br />Flexible Benefits Plan be and the same is amended, restated and <br />adopted in the form presented to the City Council, effective as of <br />January 1, 2001. <br /> <br />BE IT FURTHER RESOLVED that any authorized persons of the <br />City are hereby authorized to make such contributions from the funds <br />of the City as are necessary to carry out the provisions of said Plan at <br />any time; and, <br /> <br />BE IT FURTHER RESOLVED, that in the event any conflict arises <br />between the provisions of said Plan and the Employee Retirement <br />Income Security Act of 1974 (ERISA) or any other applicable law or <br />regulation (as such law or regulation may be interpreted or amended), <br />the Company shall resolve such conflict in a manner which complies <br />with ERISA or such law or regulation. <br /> <br />Date <br /> <br /> <br />