Loading...
1997R09- EXECUTION OF AN INTETLOCAL AGREEMENT RESOLUTION NO. tj1-1!- 9 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE "COOPERATIVE") , DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"j, permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); and WHEREAS, the Interlocal Act authorizes the contracting parties to any inter local agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; and WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such inter local agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; and WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool, and the Local Government Investment Cooperative has become and intends to remain an eligible public funds investment pool, under terms and conditions set forth in PFIA; and WHEREAS, the City of Schertz (the Government Entity") desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and become a participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); and WHEREAS, the Government Entity is a Government Entity as defined in the Agreement; and WHEREAS, the Government Entity desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), which shall be an administrative agency created under the Interlocal Act; and WHEREAS, the Government Entity desires to designate the Board as its agency and instrumentality with authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; and WHEREAS, each capitalized term used Resolution and not otherwise defined has the same assigned to it in the Agreement; in this meaning NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. THAT, the Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Cooperative by the Administrator, the Government Entity shall become a Participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with its terms; and - 2. THAT, the Board is hereby designated as an agency and instrumentality of the Government Entity, and the Board shall have the authority to supervise performance of the Agreement and the Cooperative, employ personnel, and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; and 3. THAT, the investment policies of the Cooperative, as set forth in the document entitled Investment Policies, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Cooperative, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Cooperative; and -2- 4. THAT, the following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives," within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Cooperative and any other documents required to become a Participant; deposit money to and withdraw money from the Government Entity's Cooperative account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: Signature: K.~~Q Kerry . Sweatt Signature: Cit~VVl~ Steve Simonson Asst. City Manager Signature .29~ , L.J. Cott Comptroller In accordance with Cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives; and 5. THAT, in addition to the foregoing Authorized Representatives, each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Cooperative assets representing funds of the Government Entity. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the Government Entity for purposes of holding the share of Cooperative assets representing funds of the Government Entity. -3- PASSED, APPROVED AND 9~~ d , , 1997. ATTEST: ADOPTED this the /~ day of ~ Mayor, City of Schertz, Texas ~ ~~~ae./ City Secretary, City of Schertz (SEAL OF CITY) -4- LOGIC Authorization for Electronic Transfer by Automated Clearinghouse (ACH) Government Entity: City of Schertz Bank Information for ACH Transfers Bank Name: Bank Address: City: Bank Contact: Phone: Schertz Bank and Trust P. O. Box 800 Schertz , Texas Zip: 7615/, Patricia J Dietz ( 210) 945-7400 Fax: ( 210) 945-7424 Bank ABA Number: 1 1 4 9 1 6 1 0 3 (9 digits) Account Number: 0000051012 - - - - - Account Name: General Fund I hereby authorize SW Capital Corp" as Administrator of LOGIC, to directly deposit and withdraw funds by means of ACH electronic transfer to and from the financial institution and the account designated above. I agree that this authorization may be withdrawn with at least 45-days advance written notice to SW Capital Corp. I understand that SW Capital Corp, reserves the right to discontinue ACH electronic transfer without advance notice. I also authorize SW Capital Corp. to deduct from the Designated Account or from subsequent deposits made to the Designated Account all amounts deposited in error. In the event the Designated Account is closed or contains an insufficient balance to allow deduction for amounts deposited in error, I agree that SW Capital Corp. may withhold any payments until such amounts deposited in error are repaid. Likewise, I authorize SW Capital Corp, to credit all amounts withdrawn in error to the Designated Account. I hereby certify that the above information is both true and correct, Citv Manager Title T11nQ. 17 1997 Date . Authori ~~~~~~~~~~~~~~~~y~~~~~~~~~~~~~+~+++++~++$++++ AUTOMATED CLEARINGHOUSE CANCELLATION Complete only if ACH Cancellation is desired. Effective Date: Authorized Signature Title Date LOGIC - 1201 ELM STREET SUITE #3050 DALLAS, TEXAS 75270 1-800-TX-LOGIC 03/06/97 Additional Party Agreement The Government Entity of the State of Texas named below. acting by and through the undersigned Authorized representative, hereby agrees to become a party to that certain Interlocal Agreement to which this page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. Executed this 17th day of .Tune , 19 Q7 City of Schertz Name of Government Entity By Ao~f~~ Kerry R Sweatt Printed Name City Manager Title ACCEPTED: Local Government Investment Cooperative By: LOGIC Administrator Printed Name Title