HomeMy WebLinkAbout2009 01 26 Consent 200 Resolution 2009-11 Bank of AmericaCOMMISSION AGENDA
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ITEM 200 INFORMATIONAL
PUBLIC HEARING
January 26, 2009 MGR ~ /DEPT
Meeting Authorization
REQUEST: The Finance Department requesting the Commission approve Resolution 2009-11
designating the Acting City Manager and the Finance Director as authorized
representatives to execute documentation required by Bank of America on behalf of the
City of Winter Springs.
PURPOSE: The purpose of this Agenda Item is to approve Resolution 2009-11- a resolution
that designates the City's representatives authorized to execute documentation with Bank
of America.
CONSIDERATIONS: Resolution 2009-11 has been prepared to authorize the Acting City
Manager and the Finance Director as authorized representatives to execute documentation
required by Bank of America on behalf of the City of Winter Springs. Due to the dual
signatory requirement, Kipton Lockcuff, Public Works/Utility Director, is designated as
the third representative only in the event of an emergency whereby the City Manager or
the Finance Director is unavailable to duly execute needed documents.
FUNDING: N/A
ATTACHMENTS:
Resolution 2009-11
RECOMMENDATION: The Finance Department recommends that the Commission approve
Resolution 2009-11, which designates the authorized representatives to execute
documentation with Bank of America.
COMMISSION ACTION:
RESOLUTION NO. 2009-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, REPEALING RESOLUTIONS 2004-O1
AND 2004-18, REAUTHORIZING THE MAINTAINING OF DEPOSIT
ACCOUNTS AND SERVICES WITH THE BANK OF AMERICA;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to authorize the Acting City Manager to maintain
accounts with Bank of America and designate the Acting City Manager, Finance Director, and Public
Works/Utility Director as authorized representatives to execute documentation required by Bank of
America from time to time; and
WHEREAS, the City Commission of the City of W inter Springs deems that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of W inter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and
are hereby fully incorporated by this reference.
Section 2. Reauthorizing The Bank of America as an Authorized Depository. The City
Commission hereby reauthorizes The Bank of America as a designated depository of the City of
Winter Springs and that deposit accounts and/or time deposits (CD's) may be opened and maintained
in the name of the City of W inter Springs with the Bank of America in accordance with the terms
of the Bank's deposit agreement and disclosures and the applicable rules and regulations for such
accounts. Said agreements, disclosures and applicable rules and regulations shall be subject to prior
approval by the Acting City Manager.
Section 3. Designation of Authorized Representatives. The City Commission hereby
designates Kevin L. Smith, Acting City Manager and Michelle L. Greco, Finance Director as the
authorized representatives of the City of Winter Springs, Florida. In the event of an emergency in
which either the Acting City Manager or Finance Director are not available, Kipton Lockcuff, Publ is
Works/Utility Director, shall be a duly authorized representative during said emergency and
unavailability. The designated representatives are hereby authorized, on behalf ofthe City of W inter
Springs and in its name, to execute and to sign, together as dual signatories, any application, deposit
agreement, signature card and any other documentation required by the Bank of America, to open
said accounts, to withdraw funds from or transmit funds to any account of the Bank of America, to
establish funds transfer instructions, and to take any other action pursuant to any deposit agreements
approved by the Acting City Manager. All authorization permitted by this Resolution shall require
City of W inter Springs
Resolution 2009-11
Page 1 of 2
the dual signature of the Acting City Manager and Finance Director, and in the case of emergency
and unavailability as stated above, the Public Works/Utility Director.
Section 4. Duration. This resolution shall remain in full force and effect and the authority
herein given to all of said persons shall remain irrevocable as far as the Bank of America is
concerned until such time as the Bank of America is notified in writing of the revocation of such
authority by the City Commission.
Section 5. Certification. The City Clerk is hereby authorized and directed to certify this
Resolution to the Bank of America.
Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith, including but not limited to Resolution 2004-01 and Resolution
2004-18, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 8. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2009.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2009-11
Page 2 of 2
RESOLUTION NO. 2009-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, REPEALING RESOLUTIONS 2004-O1
AND 2004-18, REAUTHORIZING THE MAINTAINING OF DEPOSIT
ACCOUNTS AND SERVICES WITH THE BANK OF AMERICA;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to authorize the Acting City Manager to maintain
accounts with Bank of America and designate the Acting City Manager, Finance Director, and Public
Works/tTtility Director as authorized representatives to execute documentation required by Bank of
America from time to time; and
WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, 5EMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and
are hereby fully incorporated by this reference.
Section 2. Reauthorizing The Bank of America as an Authorized Depository. The City
Commission hereby reauthorizes The Bank of America as a designated depository of the City of
Winter Springs and that deposit accounts andlor time deposits (CD's) may be opened and maintained
in the name of the City of Winter Springs with the Bank of America in accordance with the terms
of the Bank's deposit agreement and disclosures and the applicable rules and regulations for such
accounts. Said agreements, disclosures and applicable rules and regulations shall be subject to prior
approval by the Acting City Manager.
Section 3. Designation of Authorized Representatives. The City Commission hereby
designates Kevin L. Smith, Acting City Manager and Michelle L. Greco, Finance Director as the
authorized representatives of the City of Winter Springs, Florida. In the event of an emergency in
which either the Acting City Manager or Finance Director are not available, Kipton Lockcuff, Public
Works/Utility Director, shall be a duly authorized representative during said emergency and
unavailability. The designated representatives are hereby authorized, on behalf of the City of Winter
Springs and in its name, to execute and to sign, together as dual signatories, any application, deposit
agreement, signature card and any other documentation required by the Bank of America, to open
said accounts, to withdraw funds from or transmit funds to any account of the Bank of America, to
establish funds transfer instructions, and to take any other action pursuant to any deposit agreements
approved by the Acting City Manager. All authorization permitted by this Resolution shall require
City of Winter Springs
Resolution 2009-11
Page 1 of 2
the dual signature of the Acting City Manager and Finance Director, and in the case of emergency
and unavailability as stated above, the Public Works/Utility Director.
Section 4. Duration. This resolution shall remain in full force and effect and the authority
herein given to all of said persons shall remain irrevocable as far as the Bank of America is
concerned until such time as the Bank of America is notified in writing of the revocation of such
authority by the City Commission.
Section 5. Certification. The City Clerk is hereby authorized and directed to certify this
Resolution to the Bank of America.
Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith, including but not limited to Resolution 2004-O1 and Resolution
2004-18, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 8. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the ity of Winter Springs, Florida, in a regular
meeting assembled on the 26`'' day of January, 200.
~~
J N F. BUSH, Mayor
ATTEST:
LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2009-11
Page 2 of 2