HomeMy WebLinkAboutResolution 1991-028
RESOLUTION NO. 91-28
Resolutions Authorizing
Night Depository Service
By NCNB Texas National Bank For
RESOLVED, tllat the president, any vice president or Secretary of this corporation, is hereby
authorized to execute and deliver, on behalf of this corporation, to NCNB Texas National Bank ("Bank"), an agreement providing for
night depository service to be performed by Bank forthis corporation in the form and tenor customarily used by Bank, a copy of which
depository agreement was submitted to and approved at this meeting;
RESOLVED FURTHER, that (i) the president, any vice president or Secretary of the corporation
are hereby severally authorized to designate, from time to time, the officers and employees empowered to act as agents of this
corporation in all matters concerning deposits made pursuant to the depository agreement, and to revoke any such designations,
and the secretary or assistnat secretary is hereby directed to certify to Bank the names ofthe agents so designated, and changes in
such designations; (ii) Bank shall be indemnified for all claims, demands, losses and attorneys' fees resulting from, or growing out of,
honoring the signature or act or instruction of any agent so designated or refusing to honor the signature or act or instruction of
anyone not so designated; and (iii) this and the foregoing resolution and each certification hereunder shall remain in full force and
effect until written notice of change be delivered to Bank, it being understood that no such notice shall affect any action taken by Bank
prior to receipt of notice of the change.
We, Tommy Brown and Jeanette Rewis ,do hereby certify that
we are President and Secreta~ respectively, of City-North Richland Hills , a corporation incorporated under
the laws of the State of exas , and that the foregoing is a true and correct coPy of resolutions duly
adopted by the Board of Directors of said corporation at a meeting duly called and held on the 26th day of
Augu s t , 19 91 , at which meeting a quorum was present and acting; that there is no
provision in the articles of incorporation, bylaws of said corporation, or elsewhere, limiting the power of the Board of Directors to
adopt the foregoing resolutions, and that they are in conformity with said articles of incorporation and bylaws, have not been
rescinded or amended and are now in full force and effect.
IN DUE AUTHENTICATION WHEREOF, we have hereunto subscribed our names and affixed the seal of said corporation this
¿6th day of August ,19 91 .
(CORPORATE SEAL) /~~
~tZ¡{a£; Æ~
/ Secretary
Following are the names of the individuals, with their titles or other corporate designations, who are hereby designated and
authorized to act as agents of this corporation in all matters concerning deposits made pursuant to the depository agreement
between this corporation and NCNB Texas National Bank providing for night depository service:
NAME
TITLE OR OTHER DESIGNATION
Tommy Brown
Mayor
Byron Sibbet
Mayor Pro Tem
Jeanette Rewis
Secretary
Certified correct this
26th
day of
August
19 91
City - North Richland Hills
(Corporation's Name)
B9R~tz¿ jJ~
05-250-103-00 (789)
IICRlB Texas
Night Depository
Agreement
Gentlemen:
Inco~~r'f~onofpermissionbeinggrantedto ,of City of North Richlanp.
("NDepoRsi!Or'J'lto us de the. n]iQht depository facility of NCNB Texas National Bank ("Bank") located 6851 NE Loop 820
. lCu an HL ls T ("D ·t ") D ·t f II
- ,exas eposl ory , eposl or agrees as 0 ows:
1 . Depositor maintains the following demand deposit accounts in Bank:
2. Depositor hereby acknowledges receipt of the following articles:
1. a. Bag No. M4-29 3. a. Bag No. M4 2 7
b. Key No. OA4554 b. Key No. OA4568
2. a. Bag No. M432 4. a. Bag No. M433
b. Key No. OA4569 b. Key No. OA4564
5.~Bag#M429 Key #OA4553 6.+Baq#M428 Key#OA4552 7.TBag#M435 Ke~~~~1~:~
8. ~Baq#M426 Key #OA45S7 9.+Baq#M437 Key#OA4562 10. ~Ba~#M425 K__------4
Customer herewith pays a user fee in the sum of $ for use of the above described articles.
3. Depositor represents and warrants to Bank that Depositor has authority to execute and deliver this Agreement and that
those persons whose signatures appear below are authorized, jointly and severally, to act as agents of Depositor in all matters
concerning deposits made pursuant to this Agreement. Depositor further agrees to notify Bank, in writing, of any changes in the
authorized agents listed below, such changes to be effective when received and accepted by Bank. If Depositor is a corporation, it
agrees to furnish to Bank certified copies of resolutions of its board of directors, acceptable to Bank, evidencing approval and
authorization on behalf of the corporation to enter into this Agreement and appoint those agents named herein.
TOmmyN:~:wn '.. . .~...~~ :~:L:rOROTHERDESIGNATION
BFon Sibbet :~__~~-' Mayor Pro Tem
Jeanette Rewis ______============== Secretary
4. Depositor covenants and agrees that each deposit placed in the Depository shall be contained only in a securely locked
bag provided by Bank for such purpose. Deposited bags shall contain only currency, coin and negotiable paper owned by Depositor
and intended for deposit to Depositor's account with Bank.
5. Bank may remove the bags from the Depository and hold them until called for by Depositor or Depositor's authorized agent.
The Bank's findings and records with respect to the presence in, or absence from the Depository, of any bags and with respect to the
contents thereof in the event bags shall not have been locked or their contents otherwise exposed, shall be conclusive and binding
upon Depositor. If the following box is not checked 0. Depositor hereby authorizes Bank, in addition to removing bags placed in the
Depository by Depositor, to perform the following services: .
a. To open bags and process the contents thereof on the first day the Bank shall be open for business following deposit of bags
in the Depository; and
b. Credit Depositor's account with the amount contained therein in Bank's customary manner of processing deposits,
effective the banking day in which the bags are removed from the Depository.
Any deposit shall be subject to the Deposit Agreement governing Depositor's accounts, as may be in effect from time to time.
Depositor accepts as final and conclusive the record of Bank's employees concerning what property, if any, the bags contained
when opened.
6. Depositor or Depositor's authorized agent will call at Bank's office, not later than Bank's first banking day following an
after-hours deposit, and will identify and claim bags deposited by Depositor or Depositor's agent and deliver a receipt therefor to
Bank.
7. The relationship between the parties with respect to the use of the Depository by Depositor shall be as follows:
a. Until Bank removes bags from the Depository, the relationship between Bank and Depositor shall be that of licensor and
licensee;
b. After removal of the bags from the Depository by Bank, the relationship between Bank and Depositor concerning property
placed in the Depository shall be that of bailor and bailee.
c. If Bank opens the bags and inventories and records the contents thereof, the relationship between Bank and Depositor as to
such contents deposited to Depositor's account shall be that of debtor and creditor.
05-250-104-01 (1 90)
8. Neither Bank nor any of its officers, agents or employees shall under any circumstances be liable under or by reason ofthis
agreement, directly or indirectly, for any loss or damage sustained by Depositor, or any of Depositor's authorized agents. in the use of
the Depository resulting from any cause or reason whatsoever other than Bank's gross negligence of wilful misconduct; and
Depositor's use ofthe Depository shall be at Depositor's sole risk and Depositor hereby assumes any and all risk incidental thereto
and arising therefrom.
9. Depositor agrees to pay Bank a service charge for use of the Depository. The amount of such charge shall be determined
by Bank and payable, from time to time, as requested by Bank.
10. Depositor's right under the Agreement, to use the Depository shall not be transferable by Depositor, and Bank may at any
time revoke or terminate this Agreement by notifying Depositor or Depositor's authorized agent personally, by telephone or by
mailing notice to Depositor at the address set forth below.
11 . This Agreement constitutes the entire agreement between the parties hereto. shall be performable at the offices of Bank,
and shall be construed in accordance with the laws of the State of Texas. This Agreement shall become effective on the date it is
accepted by Bank.
12. Additional provisions:
Depositor
By r¡~ ¿~
Accepted:
NCNB Texas National Bank
Richland Banking Center
6851 NE Loop 820 N. Richland Hills,TX
Md~~ 76180
By
Lee Ann Swan
May 16, 1991
Date
Date
(817) 485-2650
Telephone
May 16, 1991
05-250-104-01 (1/90) BACK