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HomeMy WebLinkAboutDeclaration of Trust _ originalBook 5210 Page 112 838977 DECLARATION OF TRUST OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY KNOW ALL MEN BY THESE PRESENTS: DECLARATION AND COVENANT The undersigned Trustor hereby contracts with the undersigned Trustees, and the latter, as individuals and not as holders of public office, hereby do declare and covenant, between themselves and unto the Trustor, the State of Oklahoma and the Beneficiary hereinafter described, that they and their successors do and will hold, receive and administer the Trust Estate hereinafter described, as Trustees of a public trust under and pursuant to the laws of the State of Oklahoma now in force and effect (generally, but not exclusively, Sections 176 and 180, inclusive of Title 60, Oklahoma Statutes 1971, and the Oklahoma Trust Act), solely for the use and benefit of said Beneficiary for the public purposes and functions hereinafter set forth, in the manner provided in this instrument, or in the absence of applicable provision herein, then in the manner now provided by law. The aforesaid public trust is created by virtue of the execution of this instrument by the individuals signing the same as the Trustor and initial Trustees hereunder; and neither the acceptance of the beneficial interest hereunder, nor the endorsement hereon of such acceptance, for and on behalf of the designated Beneficiary as provided by law, nor the fact that, at the time of signing this instrument, some or all of the initial Trustees are members of the governing body thereof, shall be deemed or construed to be the creation of a public trust by said Beneficiary or the governing body thereof. The name of this Trust shall be, and Trusties their representative fiduciary capacity shall b e as, THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY. BOOK5210 P AGC W Under that name, the Trustees shall, so far as practicable, conduct all business and execute all instruments in writing, and otherwise perform their duties and functions, in execution of this Trust. III PURPOSES The purposes of this Trust, for and on behalf of the Beneficiary as hereinafter described, are: (a) To furnish and supply to the inhabitants, owners and occupants of property, and to industrial, commercial and mercantile establishments and enterprises within the corporate limits of the Beneficiary and in territory in reasonable convenient proximity thereto, and to the Beneficiary and any other governmental agencies or endeavors, services and facilities to be employed and utilized for all purposes that the same be authorized or proper as a function of the Beneficiary; and to fix, demand and collect charges, rates and fees for said services and facilities to the same extent as the Beneficiary itself might do: PROVIDED, that the furnishing of any services or facilities to any person delinquent in the payment of any indebtedness whatsoever to the Trust may be discontinued at any time; (b) To promote the development of industry and culture and industrial, commercial, manufacturing, cultural, educational and recreational activities within and without the territorial limits of the Beneficiary but solely within the scope of paragraph (a) above, and to thereby provide industrial, commercial, manufacturing, cultural, educational and recreational facilities and additional employment and activities which will benefit and strengthen culture and the economy of the Beneficiary and the State of Oklahoma; (c) For the furtherance of the greater convenience and welfare of the Beneficiary and the inhabitants thereof, to provide and /or to aid in providing and /or to participate in providing to the United States of America, the State of Oklahoma, the Beneficiary, the county or counties in which the Beneficiary is located, the school district and /or districts included in whole or in part, within the limits of the Beneficiary, and /or any agency or instrumentality of either or any of them, or to any one or more of them, facilities and /or services of any and /or all kinds but solely within the scope of paragraphs (a) and (b) above necessary or convenient for the functioning thereof; -2- Book 5210 Page 114 (d) To hold, maintain and administer any leasehold rights in and to properties of the Beneficiary demised to the Trustees, and to comply with the terms and conditions of any lease providing said rights; (e) To acquire by lease, purchase or otherwise, and to hold, construct, install, equip, repair, enlarge, furnish, maintain and operate or otherwise deal with, any and all physical properties and facilities needful or convenient for utilization in executing or promoting the execution of the aforesaid trust purposes or any of them, or which may be useful in securing, developing and maintaining industry and industrial, manufacturing or other activities in the Beneficiary and territory in proximity thereto, or which may be useful in promoting culture and education in the aforesaid area; to lease, rent, furnish, provide, relinquish, sell or otherwise dispose of, or otherwise make provision for, any or all of said properties and facilities either in execution of any of the aforesaid trust purposes or in the event that any thereof shall no longer be needful for such purposes; (f) To provide funds for the costs of financing, acquiring, constructing, installing, equipping, repairing, remodeling, improving, extending, enlarging, maintaining, operating, administering and disposing.of or otherwise dealing with any of the aforesaid physical properties and facilities, and for administering the trust for any or all of the aforesaid trust purposes, and for all other charges, costs and expenses incidental thereto; and in so doing to incur indebtedness, either unsecured or secured by any part or parts of the Trust Estate and /or revenues thereof; (g) To expend all funds coming into the hands of the Trustees, as revenue or otherwise, in the payment of the aforesaid costs and expenses, and in the payment of any indebtedness incurred by the. Trustees for the purposes specified herein, and in the payment of any other debt or obligation properly chargeable against the Trust Estate, and to distribute the residue and remainder of such funds to the Beneficiary for the payment of all or any part of the principal and /or interest of any bonded indebtedness of the Beneficiary and /or for any one or more authorized or proper purposes of the Beneficiary as shall be specified by the Trustees hereunder; (h) Whenever the same shall be or become material, the purposes set forth in paragraphs (a), (b) and (c) of this Section shall be the primary objectives of this Trust and the provisions of paragraphs (d) to (g), inclusive, shall be -3- BnK 5210 M" X15 deemed and construed in implementation thereof and collateral thereto. For all purposes of this Section, the word "facilities" as used herein means real estate and all privileges, benefits and appurtenances thereto, also buildings, structures, installations, and all physical property whatsoever, and all rights, privileges and benefits appertaining or related thereto. IV DURATION This Trust shall have duration for the term of duration of the Beneficiary as hereinafter described, and until such time as the Trust's purposes shall have been fully executed and fulfilled, or until it shall be terminated as hereinafter provided. V TRUST ESTATE The Trust Estate shall consist of all money, property (real, personal and /or mixed), rights, choses in action, contracts, leases, privileges, franchises, benefits and all other things of value (whether or not above described), presently in or hereafter coming into the hands, or under the control of the Trustees pursuant to the provisions of this instrument or by virtue of the Trusteeship herein described. VI THE TRUSTEES (a) The Trustees of this trust, shall be seven (7) in number, each of whom shall be a bona fide resident citizen of the State of Oklahoma. Such Trustees shall consist of the four (4) undersigned, as initial Trustees, and all successors thereof who shall qualify as Trustees as hereinafter provided, together with two (2) Councilmembers of the Beneficiary, designated by the governing body of said Beneficiary, as well as a Boardmember of the Chamber of Commerce within the Beneficiary Corporate limits, designated by the Board of Directors of said Chamber of Commerce, and successors thereto. -4- B000'; f iR� its (1) Each Trustee does contract, agree and covenant with and to each other, with and to the State of Oklahoma, with and to the Beneficiary hereunder, and with and to each component thereof, as by law now in force and effect, that they will execute the trust herein declared and created, as Trustees for the Beneficiary hereunder, and each component thereof, and that they do and will receive, hold and administer the Trust Estate solely for the use and benefit of the said Beneficiary in the manner provided in this instrument, or, in the absence of applicable provision herein, then in the manner now provided by presently existing law. The initial Trustees hereunder shall be the four (4) persons subscribing this instrument as Trustees as well as the designated Councilmembers and Chamber Board of Director member upon acceptance. Said Trustees, excepting Councilmembers and Chamber of Commerce Board member, shall serve respectively, for fixed terms of one (1), two (2), three (3), and four (4) years from the date of this Declaration of Trust as indicated by their respective signatures below and they shall continue to serve until their successors shall have qualified. Successors to each of the said Initial Trustees, excepting the aforementioned Councilmembers and Chamber of Commerce Board member, shall have fixed terms of four (4) years, respectively, and shall continue to serve until their respective successors have qualified hereunder. Upon the expiration of the fixed term of each Trustee, the power of appointment of his successor hereby is vested in the person who then shall be the presiding officer of the governing body of the Beneficiary, but before such appointment shall become effective, it also shall require the confirmation of a majority of the persons who then shall constitute the governing body of the Beneficiary; Provided, that if the form of municipal government of the Beneficiary be changed, or the said municipality shall have been succeeded by another governmental entity as provided in Section VIII hereof, then the aforesaid appointive power shall be vested in the person who then shall be the elected official who shall be the presiding officer of the governing body thereof, and confirmation of all such appointments shall be required by a majority of the persons who then shall constitute the elected governing body of such successor. In the event of a vacancy in the trusteeship (except that appointment of temporary Trustees, governed by paragraph (d) of this Section shall not be deemed a vacancy), the Trustees shall certify the fact -5- 600K 5210 P* X17 of said vacancy to the above - described appointive power and a successor Trustee shall be appointed for the unexpired term in the same manner as provided above. In the event that the aforesaid appointing and confirming power, as above set forth, shall fail effectively to appoint a successor Trustee or said appointee shall fail to qualify as a Trustee whithin thirty (30) days next following the expiration of the fixed term of an incumbent Trustee or within thirty (30) days next following certification of the fact of existence of a vacancy, the power of appointment of a successor Trustee shall be vested in the then remaining incumbent Trustee or Trustees. The determination of the right of any person to qualify as a Trustee hereunder (except a temporary Trustee referred to in paragraph (d) hereof), shall be vested exclusively in the incumbent Trustees, and their determination shall be final. (2) All of the legal rights, powers and duties of each Trustee shall terminate when he shall cease to be a Trustee hereunder and all of such legal rights powers and duties shall devolve upon his successor and successors, with full right and power of the latter to do or perform any act or thing which his predecessor or any predecessor could have done or performed. (b) Each Trustee qualifying under this instrument shall continue as such until his successor shall have qualified as provided in (e) of this Section. (c) The determination of the fact of a vacancy shall be vested exclusively in the remaining Trustee or Trustees and his or their determination of such fact shall be conclusive; and, in the event that such a vacancy shall be determined to exist, the remaining Trustee or Trustees may fill such vacancy pending qualification, as provided in (e) of this Section, of the person entitled so to do. (d) The Trustees may contract, in connection with the incurring of any indebtedness or obligation related to the Trust Estate and /or its revenues, or any part of either or both, that Temporary Trustees, residents of the State of Oklahoma, and approved by the District Court of Wagoner County, or Judge of said court, may be appointed to act in place and instead of permanent Trustees in relation to the Trust Estate or any part thereof, in such number that such Temporary Trustees may constitute a majority of the Trustees in relation to the Trust Estate or any part thereof, in the event of a default in the performance of such obligations or BOOK 52 .0 PA-CF iie the payment of the principal of and interest on any debt incurred in relation to the Trust Estate or any portion thereof or compliance with the terms of any instrument securing such debt or pursuant to which such debt be incurred. Any such contract, if made, shall provide that any such appointment shall designate the permanent Trustee to be so temporarily supplanted. Each such Temporary Trustee so appointed shall, after he shall have qualified as provided in (e) of this Section, supplant in all respects the permanent Trustee so designated in relation to the Trust Estate or that portion thereof for which he was appointed; and, during the term of any such Temporary Trustee, the permanent Trustee so supplanted shall be wholly without authority, duty or liability of any kind in relation to the Trust Estate or said portion thereof, under the terms of this instrument. All Temporary Trustees shall cease to have any power or authority upon the termination of all defaults by which their appointments would have been authorized, and, automatically, the permanent Trustees supplanted shall be reinstated. (e) All Trustees, and all Temporary Trustees appointed hereunder, shall qualify by written acceptances of all of the terms of this instrument, filed in the office of the Clerk of the Beneficiary, and by subscribing and filing such oaths as shall be required by law of public officers of the State of Oklahoma. (f) The acceptance of the office of Trustee of this Trust shall not constitute the Trustees hereunder, permanent or temporary, or both, to be in partnership or association, but each shall be an individual and wholly independent Trustee only. (g) Notwithstanding any provision of this instrument which shall appear to provide otherwise, no Trustee or Trustees shall have any power or authority to bind or obligate any other Trustee, or the Beneficiary of this Trust, in his or its individual capacity. (h) All persons, firms, associations, trusteeships, corporations, municipalities, governments, and all agents, agencies and instrumentalities thereof, contracting with any Trustee or Trustees, permanent or temporary or both, shall take notice that all expenses and obligations, and all debts, damages, judgments, decrees or liabilities incurred by any Trustee or Trustees, permanent or temporary or both, and any of the foregoing incurred by any agent, servant or employee of any such Trustee or Trustees, in the execution of the purposes of this Trust, whether arising from contract or tort, shall be solely chargeable to, and payable out of, -7- BOOK520na 119 the Trust Estate. In no event shall any Trustee, permanent or temporary , or the Beneficiary of this Trust, be in any manner individually liable for any injury or damage to persons or property, or for breach of contract or obligation, caused by, arising from, incident to, or growing out of the execution of this Trust; nor shall they, or any of them, be liable for the acts or omissions of each other or of another such Trustee: PROVIDED, however, that the foregoing shall not apply to any willful or grossly negligent breach of trust of any said Trustee. VII POWERS AND DUTIES OF TRUSTEES Subject to, and in full compliance with, all requirements of law, applicable to this Trust or to the Trustees thereof: (a) The Trustees, in the manner hereinafter set forth, shall do, or cause to be done, all things which are incidental, necessary, proper or convenient to carry fully into effect the purposes enumerated in Section III of this instrument, with the general authority hereby given being intended to make fully effective the power of the Trustees under this instrument; and, to effectuate said purposes, the Trustees are specifically authorized (but their general powers not limited thereby, notwithstanding any specific enumeration or description), in a lawful manner: (a -1) To enter in and conduct and execute, apply for, purchase or otherwise acquire franchises, property (real or personal), contracts, leases, rights, privileges, benefits, choses in action, or other things of value, and to pay for the same in cash, with bonds or evidence of indebtedness, or otherwise; (a -2) To own, hold, manage, and in any manner to convey, lease, assign, liquidate, dispose of, compromise or realize upon, any property, contract, franchise, lease, right, privilege, benefit, chose in action, or other thing of value, and to exercise any and all power necessary or convenient with respect to the same; (a -3) To guarantee, acquire, hold, sell, transfer, assign, encumber, dispose of, and deal in, the stocks, bonds, debentures, shares or evidences of interest or indebtedness in or of any sovereignty, government, municipality, corporation, association, trusteeship, firm or individual, and to enter into and perform any aooK5210�acF 120 lawful contract in relation thereto, and to exercise all rights, powers and privileges in relation thereto, to the same extent as a natural person might or could do; and the foregoing shall include (without limitation by reason of enumeration), the power and authority to guarantee or assume, out of distributive funds of the Trust, the payment of any part or all of the principal of and /or interest on any bonded indebtedness of the Beneficiary during any part or all of the term of any such bonded indebtedness, and to fully perform any such contract; (a -4) To enter into, make and perform contracts of every lawful kind or character, including (but not limited to), management contracts, with any person, firm, association, corporation, trusteeship, municipality, government, or sovereignty; and, without limit as to amount, to draw, make, accept, endorse, assume, guarantee, discount, execute and issue, promissory notes, drafts, bills of exchange, acceptances, warrants, bonds, debentures, and any other negotiable or non - negotiable or transferable or non - transferable instruments, obligations, and evidences of unsecured or secured indebtedness, and if secured by mortgage, deed of trust, or otherwise, secured by all or any part or parts of the property of the Trust, and to pledge all or any part of the income of the Trust, in the same manner and to the same extent as a natural person might or could do. (b) The Trustees shall collect and receive all property, money, rents, and income of all kinds belonging to or due the Trust Estate, and shall use the same solely for the purposes, and the furtherance of the purposes, set forth in Section III of this instrument, and not otherwise. Without limiting the foregoing provisions of this paragraph, none of the net earnings or income derived from or accruing to the Trust Estate, nor any part of the Trust Estate, in any instance beyond that necessary to pay the principal of and interest on indebtedness incurred for purposes set forth in Section III of this instrument and to pay the costs and expenses of implementation of said purposes, shall inure to the benefit of any person or entity other than the Beneficiary. (c) The Trustees shall take and hold title to all property at any time belonging to the Trust in the names of the Trustees or in the name of the Authority and shall have and exercise exclusively the management and control of the same, for the use and benefit of the Beneficiary, as provided CM Roox5210t'1Grl 121 herein, in the execution of the purposes of this Trust; and the right of the Trustees to manage, control and administer the said Trust, its property, assets and business shall be absolute and unconditional and free from any direction, control or management by the Beneficiary, or any person or persons whosoever. (d) The Trustees may employ such agents, servants and employees as they deem necessary proper or convenient for the execution of the purposes of this Trust, and prescribe their duties and fix their compensation. (e) The Trustees may contract for the furnishing of any services or the performance of any duties that the Trustees deem necessary, proper or convenient to the execution of the purposes of this Trust, and shall pay for the same as they see fit to provide in such a contract. (f) The Trustees, by Resolution, may divide the duties of the Trustees hereunder, delegating all or any part of such duties to one or another of the Trustees as they deem proper; but, where a specific duty is not so delegated, a majority of the Trustees must act for the Authority. (g) The Trustees shall in the name of the Trust as hereinabove set forth, or in their names as Trustees, bring any suit or action, which, in their judgment, shall be necessary or proper to protect the interests of the Trust, or to enforce any claim, demand or contract for the Trust or for the benefit of the Trust; and they shall defend, in their discretion, any action or proceeding against the Trust or the Trustees or agents, servants, or employees thereof. And the Trustees are expressly authorized, in their discretion, to bring, enter, prosecute, or defend any action or proceeding in which the Trust shall be interest, and to compromise any such action or proceeding and discharge the same out of the Trust property and assets; and the Trustees also are expressly authorized to pay or transfer out of the Trust property or assets such money or property as shall be required to satisfy any judgment or decree rendered against them as Trustees, or against the Trust, together with all costs, including court costs, counsel and attorneys' fees, and also to pay out of the Trust property and assets such sums of money, or transfer appropriate property or assets of the Trust, for the purpose of settling, compromising, or adjusting any claim, demand, controversy, action or proceedings, together with all costs and expenses connected therewith; and all such expenditures and transfers shall be treated as proper expenses of executing the purposes of this Trust. -10- BOOK5210PAcF 122 (h) No bond shall be required of the Trustees, or any of them, unless they shall deem the same proper and shall provide therefore by Resolution. (i) To the same extent as required by law for other public boards and commissions all proceedings of the Trustees shall be taken in public meeting, and the Trustees shall make, or cause to be made, a written record of all of their proceedings. All records of the Trust shall be subject to inspection during customary business hours as are public records of the Beneficiary. (j) At their first meeting, the Trustees shall designate the principal office of the Trust; and they also shall designate the time and place for regular meetings of the Trustees. The time and place of regular meetings shall not be changed unless at a meeting where all incumbent Trustees are present. To the extent as require by law for other public boards and commissions notice shall be required for the holding of all regular and special meetings of the Trustees. The Trustees shall cause to be filed, in all places where this instrument is recorded, a certificate designating the principal office of the Trust and the time and place of regular meetings of the Trustees; and any changes therein shall be filed for record in like manner. VIII BENEFICIARY (a) The term "Beneficiary ", as used in this instrument, shall denote the incorporated City of Owasso, State of Oklahoma, and likewise shall denote any municipal entity which hereafter may succeed said incorporated City as the governing authority of the territory lying within the municipal boundaries of said incorporated City on the effective date of this instrument. (b) The Beneficiary shall have no legal claim or right to the Trust Estate, or to any part thereof, against the Trustees or anyone holding under them; neither shall the Beneficiary, as such, have any authority, power or right whatsoever to do or transact any business whatsoever for or on behalf of, or binding upon, the Trustees or the Trust Estate; neither shall the Beneficiary have the right to control or direct the actions of the Trustees in respect of the Trust Estate, or any part thereof; nor shall the Beneficiary have any right to demand or require any partition or distribution of the Trust Estate, or any part -11- BooK5210PACF 123 thereof. The Beneficiary shall be entitled solely to the the benefits of this Trust, as administered by the Trustees hereunder, and at the termination of the Trust, as provided herein, and then only, the Beneficiary shall receive the residue of the Trust Estate. Notwithstanding anything in the aforesaid appearing to be to the contrary, no provision in this instrument and /or of the Acceptance of Beneficial Interest thereunder by the governing body of the said Beneficiary, limiting, restricting or denying any authority, power, or right of the Beneficiary of said Trust in relation to the administration thereof is intended, or shall be construed or interpreted, to effect a surrender, or to attempt to effect a surrender, of any of the sovereign governmental powers of the State of Oklahoma or of the Beneficiary; but any and all provisions of this trust instrument are intended, and shall be applied, to relate solely and only to the proprietary rights and property interests of the said Beneficiary, in trust, as distinguished from its sovereign governmental powers and authority. Moreover, it further is agreed that nothing contained in this Declaration of Trust and /or in the Acceptance of Beneficial Interest thereunder shall be construed, interpreted or applied as intending to grant, or to grant to the Trustees hereunder an exclusive franchise in relation to any powers, rights or authority of the Trustees under this trust instrument. IX TERMINATION (a) This Trust shall be irrevocable by the Trustor and shall terminate: (1) When the purposes set forth in Section III of this instrument shall have been fully executed and fulfilled; or (2) In the event of the happening of any event or circumstance that would prevent said purposes from being executed and fulfilled AND all of the Trustees and the governing body of the municipality having beneficial interest hereunder, with the approval of the Governor of the State of Oklahoma, shall agree that such event or circumstance has taken place; PROVIDED, however, that all indebtedness of the Trust shall have been paid; or (3) In the manner provided by Title 60, Section 180, Oklahoma Statutes 1971: PROVIDED, however, that this -12- BO ©K 5210 PVF 124 Trust shall not be terminated by voluntary action if there be outstanding indebtedness or fixed -term obligations of the Trustees, unless all owners of such indebtedness or obligations, or someone authorized by them so to do, shall have consented in writing to such termination. (b) Upon the termination of this Trust, the Trustees shall proceed to wind up the affairs of the Trust, and, after payment of all debts and obligations out of Trust assets, to the extent thereof, shall distribute the residue of the Trust assets to the Beneficiary hereunder as provided in Section III of this instrument. Upon final distribution as aforesaid, the powers, duties and authority of the Trustees hereunder shall cease. X PARTIAL INEFFECTIVENESS The invalidity or ineffectiveness for any reason of any one or more words, phrases, clauses, paragraphs, subsections or sections of this instrument shall not affect the remaining portions hereof so long as such remaining portions shall constitute a rational instrument. Any such invalid or ineffective portion was inserted conditionally upon its being valid and effective only; and this instrument shall be construed as though such invalid or ineffective portion had not been inserted herein. XI The provisions hereof shall be binding upon the undersigned, their heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, we have hereunto set out hands, executing this Declaration of Trust in several multiple originals, all of which constitute one and the same instrument, this Z/ day of ee_ZsPZ� , 1987. Sherr La eft, Trustor -13- sooK 5210 w,f 125 O N KASTNER (4 Years ) FRANK NZBRE R (3 Years) Designated Councilmember City of Owasso, Oklahoma r s Desginated Councilmember City of Owasso, Oklahoma TRUSTEES -14- Designated Member Chamber of Commerce, Owasso, Oklahoma lan Ande son (2 Years) VNN FRE M N (1 Year) Designated Member Chamber of Commerce, Owasso, Oklahoma goox ViO w,,F 126 ACCEPTANCE OF BENEFICIAL INTEREST On this day of 4�4� , 198'I, pursuant to Resolution duly adopted by its governing body, the City of Owasso, Oklahoma, and said governing body of said City, hereby accept for, and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: (Seal) C' y Clerk r? s . i Mkt }YF J- 4' y CITY OF OWASSO OKLAHOMA BY= -15- Mayor BOOKUN PAu 127 ACKNOWLEDGEMENT STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) On this 20th day of October , 1987, before me, the undersigned Notary Public in and for said County and State, personally appeared Von E. Stockler, Mayor Jane Buchanan, City Clerk, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed, for the uses and purposes therein set forth. My `or ! -s' ,ion Expires: 4 ' =% (•.5��1) -16- NOTARY PUBLIC BOOK52140Acir 128 CERTIFICATE I, the undersigned City Clerk of the City of Owasso, Oklahoma, hereby certify that the foregoing is a true, correct and complete copy of the instrument creating The Owasso Economic Development Authority, a public trust, as the same appears on file in my office as a part of the official records thereof. "�- syf�0•�iff1� I t A• p • ,* - Ja uchanan, City Clerk -17-