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HomeMy WebLinkAbout08447 ORD - 05/10/1967,JKH:5 -8 -67 AN ORDINANCE ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTIN, AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE APPLICATION OF THE CORPUS CHRISTI STATE NATIONAL BANK, A BANKING CORPORATION HAVING ITS OFFICE AND PLACE OF BUSI- NESS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEARING DATE OF MAY 3, 1967, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND DESIGNATED AS EXHIBIT "A", BE AND THE SAME IS HEREBY IN ALL THINGS ACCEPTED (SAID BID HAVING BEEN OPENED AND EXAMINED BY THE CITY COUNCIL AND THE CITY MANAGER ON THE 3RD DAY OF MAY, 1967, TEN DAYS AFTER THE FIRST DAY OF ADVERTISEMENT FOR BIDS, AS PROVIDED BY THE CITY CHARTER), AND SAID BANK IS SELECTED AND DESIGNATED AS DEPOSITORY FOR ALL FUNDS OF THE CITY OF CORPUS CHRISTI FOR THE TERM OF TWO (2) YEARS AS PROVIDED BY THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI AND BY THE LAWS OF THE STATE OF TEXAS; AND THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, IS DESIGNATED FOR THE DEPOSIT OF SECURITIES PLEDGED BY THE SAID CORPUS CHRISTI STATE NATIONAL BANK AS SECURITY FOR SUCH DEPOSITS IN LIEU OF BOND AS PROVIDED BY ARTICLE 256o OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, AS AMENDED BY THE ACTS OF 1943, 48TH LEGISLATURE, PAGE 67, CHAPTER 57, PARAGRAPH 1. SECTION 2. THE FROST NATIONAL BANK IN SAN ANTONIO, TEXAS, AS TRUSTEE, IS HEREBY AUTHORIZED TO ALLOW THE CITY DEPOSITORY TO SUBSTITUTE, FROM TIME TO TIME, FOR ALL OR PART OF THE SECURITIES HELD BY IT TO SECURE CITY FUNDS AN EQUIVALENT PAR VALUE AND OF THE FOLLOWING DESCRIBED SECURITIES WHICH ARE HEREBY APPROVED AS SECURITIES TO SECURE CITY FUNDS: 1., i UNITED STATES BONDS, CERTIFICATES OF INDEBTEDNESS OF THE UNITED STATES, TREASUREY NOTES OF THE UNITED STATES, AND OTHER EVIDENCES OF INDEBTEDNESS OF THE UNITED STATES WHICH ARE GUARANTEED AS TO BOTH PRINCIPAL AND INTEREST BY THE UNITED STATES GOVERNMENT OR BONDS ISSUED UNDER THE FEDERAL FARM LOAN ACT, BONDS, PLEDGES OR OTHER EVIDENCES OF INDEBTEDNESS ISSUED BY THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS, NOTES OR BONDS SECURED BY MORTGAGES INSURED AND DEBENTURES ISSUED BY THE FEDERAL HOUSING ADMINISTRATOR OF THE UNITED STATES GOVERNMENT AND FURTHER TO ACCEPT FROM TIME TO TIME ANY OF THE ABOVE DESCRIBED SECURITIES AS ADDITIONAL SECURITY TO BE DEPOSITED FOR CITY FUNDS. SECTION 3. IN THE ABSENCE OF NOTICE OF DEFAULT BY THE CITY DEPOSITORY, THE TRUSTEE 15 AUTHORIZED TO DELIVER TO CORPUS CHRISTI STATE NATIONAL BANK ANY INTEREST RECEIVED ON ACCOUNT OFD OR INTEREST COUPONS CLIPPED FROM THE DEPOSITED SECURITIES AS SUCH IS RECEIVED OR THE COUPONS BECOME DUE. SECTION 4. THE CITY DEPOSITORY IS REQUIRED TO MAINTAIN A ' TOTAL PAR VALUE OF SECURITIES EQUAL TO OR IN EXCESS OF THE CITY FUNDS ON DEPOSIT. THE TRUSTEE IS AUTHORIZED TO ACCEPT THE CERTIFICATE OF THE CITY DEPOSITORY APPROVED BY THE DIRECTOR OF FINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS THAT DUE TO CHANGE IN AMOUNT OF CITY FUNDS ON DEPOSIT, A SPECIFIED AMOUNT OF THE SECURITIES MAY BE LAWFULLY RELEASED FROM THE DEPOSIT WITH THE TRUSTEE, AND TO RELEASE TO THE DEPOSITORY SECURITIES SELECTED BY IT IN THE AMOUNT SO CERTIFIED. SECTION 5. THE FACT THAT THERE IS AN IMPERATIVE NEED FOR SECURITIES TO BE ON DEPOSIT AT ALL TIMES REGARDLESS OF THE DESIGNATION AS REQUIRED BY LAW OF CERTAIN DEPOSITORIES AT CERTAIN INTERVALS AND AN IM- PERATIVE NEED TO HAVE SECURITY AS PROVIDED BY LAW FOR CITY FUNDS CREATES AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE.OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION -AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL -2- FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE Z61 DAY OF MAY, 1967. ATTEST: M 0 CIIT4 SECRET R THE CITY OF CORPUS CHRISTI, TEXAS APPRO ED AS TO LEGAL FORM THI _S DAY OF MAY, 1967: CITY ATTORNEY FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MAY, 1967. ATTEST: MAYOR CITY SECRETARY' THE CITY OF CORPUS CHRISTI, TEXAS ' APPROVED AS TO LEGAL FORM THIS DAY OF MAYt 1967; CITY ATTORNEY CORPUS CHRISTI STATE NATIONAL BAND CORPITS CHRISTI , TEXAS May 3, 1967 Honorable Jack R. Blackmon and Members of the City Council City of Corpus Christi Corpus Christi, Texas Gentlemen: The undersigned, a National Banking association, hav- ing its place of business in the City of Corpus Christi, County of Nueces, State of Texas, submits this its bid for designation as City Depository for all City funds for and during the period of time prescribed by law: 1. If selected as City Depository, the undersigned Bank agrees to handle and assume the custody and safekeeping of all City funds actually deposited with it as City Depository by the City or its officials and agrees that such funds will be faithfully kept and accounted for by it as provided by law and that it will faithfully perform all the duties and obligations devolving by law upon it as depository. 2. If selected as City Depository, the undersigned Bank further agrees to make advancements during and for each fiscal year, not to exceed Four Hundred Thousand Dollars ($400,000.00) during each fiscal year for the current expenses of the city lawfully chargeable to and payable as current ex- penses; provided that such advancements shall be expressly con- ditioned and subject to the requirements and agreements as follows: (a) The advancement of either funds are to be made upon regularly issued City warrants or vouchers duly au- thorized by appropriate ordinance for valid purposes, which City warrants or vouchers shall be issued from time to time as funds are needed at no interest. (b) Advancements for current expenses in the limited amounts first above specified are to be made for each Honorable Jack R. Blackmon and Members of the City Council May 3, 1967 Page Two ` fiscal year between the period of August 1st (the commencement date of the fiscal year) and December 31st (of the same year) and such advancements are to be repaid in any event on or be- fore December 31st of the same fiscal year. (F) Advancements made by the Depository to the City on account of current expenses are to be repayable out of the first current tax collections from tax levies and assess- ments for the particular fiscal year in which the advancements are made and all such advancements are to be repaid not later than December 31st of the fiscal year in which they are made. (d) At the time of the authorization and making of advancements on account of current expenses the City Council shall pass valid ordinances setting aside and appropriating such amount of the current funds collected from levies and assess- ments for that particular year as will fully discharge the prin- cipal and interest of all warrants issued in payment of such advancements, and thereafter, the so appropriated portion of such current funds shall not be used for any purpose other than to discharge said warrants. (e) Before making the advancements for current expenses provision is to be made in the finally approved budget for adequate appropriations and allocations, out of the current revenues anticipated to be collected as a result of tax levies and assessments for the particular fiscal year, in such amounts as are sufficient to pay the principal of said warrants evidencing the advancements. (f) Before the advancements to the City are made, the assessed valuations for the fiscal year should be finally established-and the tax rate fixed and levied for that particular year. (3) If selected, the undersigned Bank agrees to pledge ' bonds or-,securities with the City of Corpus Christi for the pur- pose of securing such City funds in an amount equal to the amount of said City deposits, such securities to be of the kind specified in Article 2560 of the Revised Civil Statutes of the State of Texas as amended, with such pledge to be in accordance with said Act. 4. If selected as Depository, the undersigned Bank will pay the following rates of interest on certificates of deposit of funds belonging to the funds of the city: Honorable Jack R. Blackmon and Members of the City Council May 3, 1967 Page Three On all certificates of deposit of $100,000.00 or more for periods of 30 days or longer, it will pay a rate of 5k% per annum interest compounded daily. On all certificates of deposit of less than $100,000.00 for a period of 30 days or longer it will pay a rate of 5% per annum interest compounded eaki- v Interest compounded quarterly subject to the limitations contained in supplement to Regulation Q Section 217.6 effective September 26, 1966. The aforegoing rates of interest to be paid by the Depository are subject to the following understanding: Should the City desire to invest temporarily idle funds of the City in time deposits, certificates of deposit, U. S. Treasury Bills or other U. S. Government Securities, or other evidences of in- debtedness during the life of this agreement, then such investments will be made by the City Depository, and the City shall: As to Time Deposits - (a) Specify in writing the particular fund or funds and the amounts thereof which are to be and remain as time deposits in contemplation of law and the regulations promulgated by the Board of Governors of the Federal Reserve System; and (b) Specify in writing the period for which the fund or funds are to remain on deposit as time deposits, such period to be not less than the dates heretofore set forth herein; and (c) Agree in writing that such designated funds are to be and remain subject to all the rules and regulations provided by law and promulgated by the Board of Governors of the Federal Reserve System and that the depositor will not, by voucher or otherwise, withdraw the whole or any part of the designated fund deposit, or deposits, before the end or the period specified for deposit. As to Investments in U. S. Treasury Bills or other U. S. Government Securities - (a) Specify in writing the particular fund or funds of City, and the amounts from such funds, which are to be so invested; and Honorable Jack R. Blackmon and Members of the City Council May 3, 1967 Page Four (b) Specify in writing the particular issue of U. S. Treasury bills or other U. S. Government security to be purchased for the account of each particular fund of the City. In your invitation for bid, you asked that the bid specify the rate of interest which will be paid on daily bal- ances. This bank is prohibited from paying any interest on daily balances by reason of the provisions of Regulation Q, Section 24 of the Federal Reserve System. This application is made subject to the Federal Bank- ing Laws and /or any and all amendments thereof, and to all regulations of the Board of Governors of the Federal Reserve System. Yours very truly, CORP STI STATE NA BANK BY: President CORPUS CHRISTI, _XAS pp Aa-D AY OF �l TO THE MEMBERS OF THE CITY COUNC I L CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFOP.E, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M #THETY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. • J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED BY THIFOLLOW E: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK' BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M. D• _ GABE LOZANO, SR. KEN MCDANI EL