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Resolution 2249 RESOLUTION NO. 2249 A RESOLUITON OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING RESOLUTION NO. 2220 (ESTABLISHING BANK ACCOUNT AT SECURITY PACIFIC NATIONAL BANK) BE IT RESOLVED, by the BOARD OF DIRECTORS of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, EL DORADO COUNTY, CALIFORNIA, the undersigned, legally charged with receipt and safekeeping of the funds coming into the Treasury of this Public Entity, agrees with Security Pacific National Bank that this account shall be governed by applicable banking laws, regulations and customs and is subject to a Contract Deposit of Monies between the undersigned and the Security Pacific National Bank. I certify that I am authorized to establish this account upon such terms as may be agreed upon and I further certify that any two of the following persons: JAMES R. JONES, PRESIDENT WALTER "NEAL" OLSON, DIRECTOR LORRENE L. KASHUBA, DIRECTOR MARY M. MADDEN, VICE PRESIDENT JOHN WYNN, DIRECTOR are authorized to withdraw funds from this account by check, draft, or other items, for and on behalf of this Public Entity. This authority shall remain in force until revocation thereof, by sealed notification to BANK of such action by the Legislative Body of this Public Entity or by the signor hereof, is received by the BANK at the office where this account is maintained. MARY M.PIA D N VICE PRESIDENT SOUTH TAH P{TBLIC UTILITY DISTRICT ATTEST: M y rose, C erk of Board and Ex-of icm Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT I hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 2249, duly adopted by the Board of Directors of the South Tahoe Public Utility District at their regular meeting held on the 20th day of MAY 1982 by the following vote: AYES: DIRECTORS KASHUBA, MADDEN, WYNN NOES: NONE ABSENT: DIRECTORS JONES AND OLSON. Ma D Ambrose, Clerk o Board South Tahoe Public Utility District So. Lake Tahoe #81. L CONTRACT FOR DEPOSIT OF MONEYS DATED 7-9-81 This Contract relates to the deposit of moneys, between James R. Cofer (hereinafter referred to as "Treasurer"), acting as the official who is charged with the responsibility for the receipt and safekeeping of all moneys belonging to the South Tahoe Public Utility District , and Security Pacific National Bank (hereinafter referred to as "Depository"), having a paid-up capital and surplus of Nine Hundred Million Dollars 9000000,000.00 W ITN ESSETH: WHEREAS, the Treasurer proposes to deposit in the Depository from time to time, commencing on 7 - 9 - 81 moneys in his custody in an aggregate amount on deposit at any one time not to exceed the total of the paid-up capital and surplus of the Depository, and said moneys will be deposited subject to Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630 of the Government Code of the State of California; and WHEREAS, said provisions of the Government Code require the Treasurer to enter into a contract with the Depository setting forth the conditions upon which said moneys are deposited; and WHEREAS, in the judgment of the Treasurer, this contract is to the public advantage; NOW, THEREFORE, it is agreed between the parties hereto as follows: 1. This contract cancels and supersedes any previous contracts between the Treasurer and the Depository relating to the method of handling and col later a[ization of deposits of moneys. 2. This contract, but not deposits then held hereunder, shall be subject to termination by the Treasurer or the Depository at any time upon 30 days' written notice. Deposits may be withdrawn in accordance with the agreement of the parties and applicable federal and state statutes, rules and regulations. This contract if subject to modification or termination upon enactment of any statute, rule or regulation, state or federal, which, in the opinion of the Administrator of Local Agency Security, is inconsistent herewith, including any change relative to the payment of interest upon moneys so deposited by the Treasurer. 3. Interest shall accrue on any moneys so deposited as permitted by any act of the Congress of the United States or by any rule or regulation of any department or agency of the Federal Government adopted pursuant thereto. If interest may legally be paid, all moneys deposited in accordance with the contract shall bear interest at a rate agreed upon by the Treasurer and the Depository. 4. The Depository shall issue to the Treasurer at the time of each inactive deposit a receipt on a form agreed to by the Depository and the Treasurer, stating the interest to be paid, if any, the duration of the deposit, the frequency of interest payments, and the terms of withdrawal. Each such deposit receipt is by reference made a part of this contract. 5. As security for said deposit, the Depository shall at all times maintain with the Agent of Depository named herein, commencing forthwith, eligible securities having a market value at least 10% in excess of the total amount of local agency moneys on deposit with the Depository. If any eligible security is determined by the Administrator of Local Agency Security of the State of California in accordance with Government Code Section 53661 to be not qualified to secure public deposits, additional security shall be substituted immediately bti the Depository, as necessary, to comply with the requirements of this Paragraph. Waiver of Security. Acting under the authority granted b~ Government Code Section 53653, the Treasurer hereby waives security for that portion of the total amount on deposit which is incurvo pursuant to federal law. 6. Eligible securities are those listed in Government Code Section 53651. 7. The Agent of Depository, authorized by the Treasurer and the Depository to hold the eligible securities posted as collates under this contract, is Trust Department, Security Pacific National Bank. Said Agent of Depository has filed with the Administrator of Loca` Agency Security of the State of California an agreement to comply in all respects with the provisions of Title 5, Division 2, Part 1, Chaple, 4, Article 2 (commencing with Section 53630) of the Government Code. A copy of that agreement is attached to the original of this contract. 090100 1-81 * 50 PS • 8. Authority for placement of securities for safekeeping in accordance with Government Code Section 53659 is hereby granted t" ' Agent of Depository, including placement with any Federal Reserve Banks or branches thereof, and the following banks, other than the aositofy, located in cities designated as reserve cities by the Board of Governors of the Federal Reserve System: Bankers Trust Co., New York, N.Y. Chemical Bank, New York, N.Y. The Chase Manhattan Bank, NA, New York, N.Y. Manufacturers Hanover Trust Co., New York, N.Y. Morgan Guaranty Trust Co., New York, N.Y. First National Bank of Boston, Boston, Mass. Harris Trust & Savings Bank, Chicago, 111. Continental Illinois National Bank & Trust Co., Chicago, Ill. Bank of America, NT&SA, San Francisco, Calif. r Crocker National Bank, Los Angeles, Calif. Wells Fargo Bank, NA, San Francisco, Calif. 9. If the Depository fails to pay all or part of any deposits of the Treasurer which are subject to this contract when ordered to do so in accordance with the terms of withdrawal set forth on the deposit receipt (which is by reference made a part hereof), the Treasurer will immediately notify, in writing, the Administrator of local Agency Security. Action of the Administrator in converting the collateral required by Paragraph 5 above for the benefit of the Treasurer is governed by Government Code Section 53665. 10. The Depository may add, substitute or withdraw eligible securities being used as security for deposits made hereunder in accordance with Government Code Section 53654, provided the requirements of Paragraph 5 above are met. 11. The Depository shall have and hereby reserves the right to collect the interest on the securities, except in cases where the securities are liable to sale or are sold or converted in accordance with the provisions of Government Code Section 53665. 12. The Depository shall bear and pay the expenses of transportation to and from the Treasurer's office of moneys so deposited and the expense of transportation of eligible securities maintained as collateral to and from the designated Agent of Depository. The Depository II also handle, collect and pay all checks, drafts and other exchange without cost to the Depositor. L13. This contract, the parties hereto, and all deposits governed by this contract, shall be subject in all respects to Title 5, Division 2, Part 1, Chapter 4, Article 2 (commencing with Section 53630) of the Government Code, and of all other state and federal laws, statutes, rules and regulations applicable to such deposits, which are in force at the time each specific deposit is made. IN WITNESS WHEREOF, the Treasurer, in his official capacity, has signed this contract in quintuplicate and the Depository has caused this contract to be executed in like number by its duly authorized officers. TREASURER: DEPOSITORY: James R. Cofer, General Manager/ Treasurer j SECURITY PACIFIC NATIONAL BANK By: ficial Title, If Other Tha Treasurer) Frank Ogaz-Vice President By: R. T. Borucki, Vice President (CORPORATE SEAL) i. l: I1AED June.29, 1970 Donald E. Pearson Administrator Local Agency Agency Security Bl►` . ~ ~ mimes G. Updeggra : f ;Acting Deputy Administrator AGREEMENT OF AGENT OF DEPOSITORY This agreement is made on June 15, 1970 by (date) SEC"E TTY PAMETC_ NAUQUA I, RANK (hereinafter (name) referred to as "Bank") with the Administrator of Local Agency Security of the State of California. RECITALS A. In this agreement: 1. "Local Agency Deposit Security Regulations" meats Chapter 2, Division 4, Title 2 of the California Admin- istrative Code, as effective July 1, 1970, and as the same or any provision thereof may be amended, added, or repealed. 2. Terms defined in the Local Agency Deposit Security Regulations shall have the meanings therein set forth. 3.0 Words in the singular number include the plural, and" in the plural include the singular. 4. Words of the rnasculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. 1 1 B. Bank is authorized to engage -in the trust business in the • State of California. C. Bank intends to act as Agent of Depository. NOW, THEREFORE, Bank agrees as follows: 10 Bank shall corniply in all respects with the provisions of the Local Agency Deposit Security Law and the Local Agency . Deposit Security Regulations. 2. Without prejudice to or limiting the provisions of the foregoing paragraph, Bank shall: (a) File with the Administrator such reports and other docu- ments as may he ragv-red by the Local Agency Deposit Security Law, by the Local Agency Deposit Security Regulations, or by the Administrator pursuant to such Law or Regulations. (b) Accept, hold, pool, place for safekeeping, and release or otherwise dispose of each security which may be placed with it by a depository for 'the purpose of securing. a secured local agency deposit in such manner as may be prescribed by the Local Agency Deposit Security Law, by the Local Agency Deposit Security Regulations, or by the Administrator pursuant to such Law or Regulations. (c) Comely with any instruction or order which may be issued by the Administrator pursuant to the Local Agency Deposit Security Law or.'thc Local Agency Deposit Security Regula- tions. (d) Permit the Administrator, at such times as the Administra- tor may deem necessary, to verify securities which Bank holds for the purpose of securing a secured local agency deposit; and exhibit to the Administrator and permit him to inspect and copy such books, records, accounts, securities, and other doctunents in its custody or under its control which pertain to sccurit:ies which Bank holds for the purpose of securing a secured local agency deposit. 2 T • 3. No waiver by the Administrator of any failure of Bank to comply with this agreement or any provision thereof shall be deemed a waiver of any failure to comply thereafter occurr i".. IN WITNESS WHEREOF Bank has caused this agreement to be executed by its duly authorized officers .as of t1w date first above written and filed with the Administrator. SECURITY PACIFIC NATIONAL BANK (name) By- (signature) C. W. Smith ! 1. `(name of signatory) V'kV Pre"aw Its ! T oL (title of signatory) 13 y (signature) Wayne B. • Creve 11 (name of signatory) Its VICE PR_ESIDR11T4-ASSISTANT SECRETAR (title of signatory) STATE OF CALIFO N~ SS. COUNTY C_L 111 On •l.r .,7..Q.., before me, the undersigned, a Notary P 1' in a d IPtate, personally appeared C Yen '`r T c r » C. . » Smi h_»......__......... _._........._.known to me to be the Vice Presi Wayne 1$r»•Crevt-13:-`- k overt to&lnestoT~ege.9I1a Assistant Seeretar~r of the SECURITY ATIONAL BANK, the association that exe- cuted the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within Instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. - i.?..... , (Seal) JE„N BUXTON (Notary Pub' ' Signatn.. ) NOTAR'O' r'1171.:C - CALIFORNIA ~t.el.'_ ...........L.....!..~ PIGNC'[;AL OFFICE IN (Name - Typed ,,~otr~~Printed) ta LOS ANGELES COUNW NotMA tbl4,,ro. aryou3liQto in and for the Stafe of cawornia $007 MY Comeiisslon EizoIres December 6, 1971 MIS 8507 s"se as MA 00coes Note" Adweewledpnem 3 C> C g m w w w w w w w w w w = or. 11 z Z 9 4 r/ JI L7 CTJ 4 z -ti r P, M -C 1> C. ZI Pi 'm o ~I w~ n C 0 y J 0 n Z = V 1 w{ iii 0 Z ~ IYfi j > :ern ~ ~ oQ PI 101 ~ C+{~... 2 y Z a -t C w O a d ` a w a o P, AI r- c in s i ~ c - CA w s -I i z i z 1 z y i .4 3{~\ o 0( 0 c m 0;> %A n ; r ; -i L ; r 3 s [ z N s p 19 w w w w w w w w w w w rwZ ~rw ~w i O df, 0 H w C C1 o 4 f; m O d J~ Z a N > s o r n Z T o i C x c i n Y O W t 1 4 T r kA 'Do ooJ n C y y 4 . r 0 fd Ai S = _ ~ / ~ ~ 2 O < OO Oa \v n ~ ~ • `n 1 ~ per'` ~ . 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