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RESOLUTION No. 2008-163 Trust (or have such assets paid on behalf of such Beneficiaries) only when, as and if determined by the Trustee in accordance with this Resolution. SECTION 2.08. County Contributions. In its sole discretion, the County from time to time and at any time may make (or cause to be made) contributions of cash or other assets acceptable to the .Trustee to the Trust, from employer or employee contributions or any other legally available source of funds. Neither the Trustee nor any Beneficiary nor any other person or entity shall have the right to compel such contributions. All such contributions and all income thereon are irrevocably dedicated to, and shall only be used for, those purposes authorized in this Resolution. The County shall develop the Minimum Annual Payment as part of its budget each year. The County's performance and obligation to make contributions to the Trust is contingent upon an annual appropriation for such purpose by the Indian River County Board of County Commissioners. SECTION 2.09. Termination of Contributions. The County has established the Trust with the bona fide intention and expectation that from year to year the County will be able to and will deem it advisable to make its contributions as herein provided. However, the County reserves the right to fund the Benefits on a "Pay-as-you-go" basis and recognizes that circumstances not now foreseen or circumstances beyond the County's control may make it either impossible or inadvisable to continue to make the County's contributions as.herein provided. In the event the County determines that it is impossible or inadvisable for the County to continue to make its contributions as herein provided, the County shall have the right to suspend or terminate its contributions. In the event of complete termination of contributions by the County, the County, with or without formal action by the Board, shall make no further contributions to the Trust, the Trust shall remain in existence, and other than the provisions for contributions by the County, all the provisions of the Trust which are necessary in the opinion of the Trustee shall remain in force. SECTION 2.10. Expenses of Administration. All Administrative Expenses shall be paid out of the assets of the Trust. ARTICLE III DUTIES AND POWERS OF THE TRUSTEE SECTION 3.01. Creation of Board of Trustees. A board of trustees for the Trust is hereby created and such board shall be known as the County OPEB Board of Trustees (the "Trustee"). Such board of trustees shall be comprised of the then current members of the Indian River County Board of County Commissioners and shall meet as the County OPEB Board of Trustees at least once each year. The Chairman of the Board of County Commissioners shall serve as chairman of the Trustee and the Clerk of Court, by and through a Deputy Clerk, in accordance with applicable Florida law, shall serve as recording clerk to the Trustee (herein "Deputy Clerk") . The Deputy Clerk shall keep a complete minute book of the actions, proceedings, or hearings of the 7