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HomeMy WebLinkAboutResolution - 4991 - Authorizes Mayor To Execute Certificate Of Deposit Contracts- Various Banks, FIP - 10_12_1995Resolution No. 4991 October 12, 1995 Item #28 RESOLUTION THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock all Certificate of Deposit Contracts in substantially the same form as the attached Agreement with various banks in accordance with the City of Lubbock's Financial Investment Policy. A copy of such Certificate of Deposit Contract is attached hereto and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day ATTEST: Betty M. Johnson, tity Secretary APPROVED AS TO CONTENT: M" Un�� Mark Hindman, Finance Director APPROVED AS TO FORM: Dbjuadd G. Vandiver, `" First Assistant City Attorney DGV/dp:ccdocs\stdcon.res October 3, 1995 Resolution No. 4991 October 12, 1995 Item #28 CONTRACT FOR AUTHORIZATION OF INVESTMENT OF FUNDS OF THE CITY OF LUBBOCK, TEXAS IN CERTIFICATES OF DEPOSIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT made and entered into on this the day of ,1995, by and between , LUBBOCK, TEXAS, a Banking Corporation, acting by and through its duly authorized officers (hereinafter referred to as Bank), and THE CITY OF LUBBOCK, a Home Rule Municipal Corporation, chartered under the laws of the State of Texas, with its domicile in Lubbock County, Texas, acting herein by and through its duly authorized officers, (hereinafter referred to as City); WITNESSETH: The governing body of the City of Lubbock does hereby agree to authorize the investment of funds in certificates of deposit at Bank and Bank does hereby agree to issue such certificates of deposit. Such investment shall be made on the following terms and conditions: I. This Contract shall be in force for a period of one year from the date of its execution. In the event either the City of Lubbock or does not desire to renew the contract at the expiration of its term, notice in writing must be given at least thirty (30) days before the expiration date, with the notice informing the other party that the contract is not to be renewed; otherwise, it shall be construed that the contract shall be automatically renewed for another year. This notice requirement shall also apply to all subsequent annual renewals; otherwise, it shall be construed that the contract shall be automatically renewed another year. II. The certificates of deposit issued by Texas, to the City of Lubbock will be: Lubbock, (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; (2) secured by obligations of the United States or its agencies and instrumentalities; Such certificates may not be secured in any other manner than is hereinabove set forth. All Certificates of Deposit shall be secured at one hundred five percent (105%) of market value. M. Bids for the certificates of deposit may be solicited by the City either: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. Certificate of Deposit Contract 2 1V. Bank will furnish City a detailed monthly statement of securities pledged against City deposits as of the last business day with an aggregate total of the pledged amount. V. It is agreed by the parties hereto certificates of deposit which have not elapsed on the termination date of this Contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said Contract until the date such certificates of deposit have elapsed. VI. This Agreement is made subject to the statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Banking Department, State of Texas, the Board of Governors of the Federal Reserve System, and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in existence and such other statutes, rules and regulations of these entities as may hereafter become effective during the term of this agreement; and if this Agreement should be or become in conflict with such statutes, rules and regulations then such statutes, rules and regulations shall control the the extent they are in conflict with this Agreement. VII. Any breach of a material provision of this Contract by the Bank, shall be cause for immediate cancellation of this Contract by the City or such other action as shall be appropriate. Said termination shall be effective upon the expiration of ninety (90) days Certificate of Deposit Contract 3 from the date of notification of the Bank of such breach. Any breach by Bank resulting in withdrawal of funds or cancellation of the Certificate of Deposit shall result in no penalty to the City and all interest due up to date of termination of Contract will be immediately. EXECUTED this the day of Title: , 1995. THE CITY OF LUBBOCK DAVID R. LANGSTON, MAYOR ATTEST: ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Mark E. Hindman, Treasurer APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney Certificate of Deposit Contract 4 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a NotaryPublic in and for said County and State, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1995. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the , Lubbock, Texas, and as , for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1995. Notary Public in and for the State of Texas DGV:v1/CDCON.Doc rev. Oct. 4, 1995 My Commission Expires: Certificate of Deposit Contract 5 COUNCIL DOCUMENTS SUBMITTAL FORM ONE SUBMITTAL FORM PER AGENDA ITEM, PLEASE! The document(s) must be signed by all appropriate parties (including Staff and Attorney) before submitting document(s) to the City Secretary's Office. One original will be retained by the City Secretary's Office for the permanent files. Any additional originals or copies submitted will be returned when completed. A copy of the Resolution/Ordinance will be automatically returned to you. PLEASE PRINT!! DEPARTMENT: _ -off A-c c + CENTER NO.: 3 3 11 CONTACT PERSON: /A 4r TELEPHONE NO.: 2 q ,� r) Resolution No. 4991 October 12, 1995 Item #28 THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock all Certificate of Deposit Contracts in substantially the same form as the attached Agreement with various banks in accordance with the City of Lubbock's Financial Investment Policy. A copy of such Certificate of Deposit Contract is attached hereto and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day ATTEST: �� )J- 4 V,-) Betty M. Johnson, tity Secretary APPROVED AS TO CONTENT: Mark Hindman, Finance Director APPROVED AS TO FORM: Dbu d G. Vandiver, " First Assistant City Attorney DGV/dp:ccdocslstdcon.res October 3, 1995 Resolution No. 4991 October 12, 1995 Item #28 CONTRACT FOR AUTHORIZATION OF INVESTMENT OF FUNDS OF THE CITY OF LUBBOCK, TEXAS IN CERTIFICATES OF DEPOSIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS CONTRACT made and entered into on this the day of ,1995, by and between LUBBOCK, TEXAS, a Banking Corporation, acting by and through its duly authorized officers (hereinafter referred to as Bank), and THE CITY OF LUBBOCK, a Home Rule Municipal Corporation, chartered under the laws of the State of Texas, with its domicile in Lubbock County, Texas, acting herein by and through its duly authorized officers, (hereinafter referred to as City); WITNESSETH: The governing body of the City of Lubbock does hereby agree to authorize the investment of funds in certificates of deposit at Bank and Bank does hereby agree to issue such certificates of deposit. Such investment shall be made on the following terms and conditions: I. This Contract shall be in force for a period of one year from the date of its execution. In the event either the City of Lubbock or does not desire to renew the contract at the expiration of its term, notice in writing must be given at least thirty (30) days before the expiration date, with the notice informing the other party that the contract is not to be renewed; otherwise, it shall be construed that the contract shall be automatically renewed for another year. This notice requirement shall also apply to all subsequent annual renewals; otherwise, it shall be construed that the contract shall be automatically renewed another year. II. The certificates of deposit issued by , Lubbock, Texas, to the City of Lubbock will be: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; (2) secured by obligations of the United States or its agencies and instrumentalities; Such certificates may not be secured in any other manner than is hereinabove set forth. All Certificates of Deposit shall be secured at one hundred five percent (105%) of market value. M. Bids for the certificates of deposit may be solicited by the City either: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. Certificate of Deposit Contract 2 IV. Bank will furnish City a detailed monthly statement of securities pledged against City deposits as of the last business day with an aggregate total of the pledged amount. V. It is agreed by the parties hereto certificates of deposit which have not elapsed on the termination date of this Contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said Contract until the date such certificates of deposit have elapsed. VI. This Agreement is made subject to the statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Banking Department, State of Texas, the Board of Governors of the Federal Reserve System, and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in existence and such other statutes, rules and regulations of these entities as may hereafter become effective during the term of this agreement; and if this Agreement should be or become in conflict with such statutes, rules and regulations then such statutes, rules and regulations shall control the the extent they are in conflict with this Agreement. VII. Any breach of a material provision of this Contract by the Bank, shall be cause for immediate cancellation of this Contract by the City or such other action as shall be appropriate. Said termination shall be effective upon the expiration of ninety (90) days Certificate of Deposit Contract 3 from the date of notification of the Bank of such breach. Any breach by Bank resulting in withdrawal of funds or cancellation of the Certificate of Deposit shall result in no penalty to the City and all interest due up to date of termination of Contract will be immediately. EXECUTED this the day of M Title: , 1995. THE CITY OF LUBBOCK DAVID R. LANGSTON, MAYOR ATTEST: ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Mark E. Hindman, Treasurer APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney Certificate of Deposit Contract 4 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DAVID R. LANGSTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1995. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as the act and deed of the , Lubbock, Texas, and as , for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .1995. DGV:vUCDCON.Doc rev. Oct 4, 1995 Notary Public in and for the State of Texas My Commission Expires: Certificate of Deposit Contract 5