|
May 17, 2004
<br />
<br />DRAFT
<br />
<br />Page 443
<br />
<br />Association at a meeting duly held on the 17~h day of May, at which a quorum
<br />was present and acted throughout or adopted by the unanimous written consent
<br />of the governing body; and that such resolutions are in full force and effect
<br />and have not been amended or rescinded.
<br />
<br />1 Resolved, that Bank of America (the "Bank")is hereby designated as a
<br /> depository of the Association and that deposit accounts and/or t~me
<br /> deposits (CD's) be opened and maintained in the name of this
<br /> Association wlth the Bank in accordance with the terms of the Bank's
<br /> Deposit Agreement and D~sclosures and the applicable rules and
<br /> regulations for such accounts; that any one of the following Authorized
<br /> Representatives of this Association: Pamela S. Dubols, Deputy Co
<br /> Mgr /Finance Director; Robert M Freeman, Chairman, Board of
<br /> Commissioners is hereby authorized, on behalf of this Association and
<br /> in its name, to execute and to sign any application, deposit agreement,
<br /> signature card and any other documentation required by the Bank to open
<br /> said accounts; to sign checks, drafts, notes, bills of exchange,
<br /> acceptances, time deposits (CDs) or other orders for payment of money,
<br /> to endorse checks, drafts, notes, bills, tlme deposits (CDs) or other
<br /> instruments owned or held by this Association for deposit w~th Bank or
<br /> for collection or discount by the Bank; to accept drafts, acceptances,
<br /> and other lnstruments payable at the Bank; to place orders with the
<br /> Bank for the purchase and sale of forelgn currencies on behalf of thls
<br /> Association; to execute and deliver an electronic fund transfers
<br /> agreement and to make transfers or withdrawals by electronic transfer
<br /> on behalf of the Association; to obtain an access device (including but
<br /> not limited to a card, code, or other means of access to the
<br /> Association's accounts) that may be used for the purpose of initiatlng
<br /> electronic fund transfers [Association agrees and acknowledges that
<br /> neither the Electronic Funds Transfer Act (15 U S.C. 1693 et seq.) nor
<br /> Regulation E (12 C F.R. Part 205) are applicable to any such access
<br /> device], to establish and maintain a night deposit relationship; to
<br /> execute and deliver a wire transfer agreement and to request, or to
<br /> appoint or delegate from time to time such persons who may request,
<br /> wires of funds: to enter into any agreements with the Bank for the
<br /> provislon by the Bank Of various Treasury Management services to this
<br /> Association as such Authorized Representative may determine, in his or
<br /> her sole discretion, and to sign any and all documents and take all
<br /> actions required by Bank relative to .such Treasury Management services
<br /> or the performance of the Association's obliqations thereunder, and
<br /> that any su=h Treasury Management agreement(s~ shall remain in full
<br /> force and effect until written notice to terminate given in accordance
<br /> with the terms of any such agreement shall have been received by the
<br /> Bank and that such termination shall not affect any action taken by the
<br /> Bank prior to such termination; to rent or lease a safe deposit box
<br /> from the Bank, to execute the rental agreement or lease, to enter the
<br /> safe deposit box and to terminate the rental agreement or lease; to
<br /> take whateve~ other actions or enter into whatever other agreements
<br /> relating to =he accounts or investment of funds In such accounts with
<br /> the Bank and to execute, amend, supplement and deliver to Bank such
<br /> agreements on behalf of the Association upon such terms and conditions
<br /> as such Authorized Representative may deem appropriate and to appoint
<br /> and delegate, from time to time, such person(s) who may be authorized
<br /> to enter ~nto such agreements and take any other actions pursuant to
<br /> such agreements in connection with said accounts that the Authorized
<br /> Representative deems necessary; and to waive presentment, demand, and
<br /> notice of pro,est or dishonor of any check, note, bill, draft, or other
<br /> instrument ma4e, drawn or endorsed by this Association; and
<br />
<br /> Further Resolved, that the Bank be and is hereby authorized to honor,
<br /> receive, certify, pay or exchange for money orders or other instruments
<br /> all Instruments signed in accordance with the foregoing resolutions
<br /> even though such payment may create an overdraft or even though such
<br /> instruments may be drawn or endorsed to the order of any Authorized
<br /> Representative signing the same or tendered by such Authorized
<br /> Representative or a third party for exchange or cashing, or in payment
<br /> of the individual obligation of'such Authorized Representative, or for
<br /> deposit to such Authorized Representative,s personal account and Bank
<br /> shall not be required or be under any obligation to inquire as to the
<br /> circumstances of the issuance or use of any instrument signed in
<br /> accordance with the foregoing resolutions or the application or
<br /> disposition of such instrument or the proceeds thereof; and, further,
<br /> that the Bank is authorized to honor any instructions regarding
<br /> withdrawals, ~orders for payment or transfer of funds whether oral, by
<br /> telephone or electronic means if such withdrawal, orders or transfer
<br /> are initiated by an Authorized Representative; and
<br />
<br />
<br />
|