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HomeMy WebLinkAbout16196 ORD - 04/15/19814141, RWC:jkh:4-15-81;1st AN ORDINANCE AMENDING ORDINANCE NO. 14961, DESIGNATING THE CORPUS CHRISTI NATIONAL BANK AS THE CITY DEPOSITORY FOR A TWO-YEAR TERM (1979-81), SO AS TO PROVIDE FOR VISA AND MASTER CHARGE CREDIT CARD SERVICES AT THE DISCOUNT RATE OF 3.50% OF VISA AND MASTER CHARGE CREDIT SALES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the depository bank contract between the City of Corpus Christi and Corpus Christi National Bank, as approved by Ordinance No. 14961, dated June 20, 1979, selecting and designating Corpus Christi National Bank as City Depository Bank for all funds of the City of Corpus Christi on demand deposit is hereby amended to provide authorizatiion for the City Manager to execute a Member Agreement with said depository bank in the form marked "Exhibit 'A'" attached hereto and made a part hereof, whereby said depository bank will provide for Visa and Master Charge Credit Card services at a discount rate of 3.50 percent of Visa and Master Charge credit sales. SECTION 2. The necessity to amend the depository bank contract as hereinabove set forth creates a public emergency and 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 but 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, having requested the suspension of the Charter rule, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the i< day of April, 1981. ATTEST: City Secretary APPROVED: 15th DAY OF APRIL, 1981: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR [/ THE CITY OF CORPUS CHRISTI, TEXAS Ylt$OFILMEQ 1G l 9G SEP 271984 CORPUS CHRISTI NATIONAL BANK BANKCARD CENTER P. D. BOX 2826 CORPUS CHRISTI, TEXAS 76403 MEMBER AGREEMENT Undersigned, hereinafter called Member, whose principal place 01 business Is desires to honor Vrsa cards and Mastercharge cards in connection with sales of merchandise or services, and will from time to time offer to Corpus Christi National Bank, Corpus Christi, hereinafter called Bank, sales drafts relating to such sales for purchase by Bank hereunder. TI) Member represents that any credit application submitted by It to Bank 5 personally signed by the applicant and that all statements of tact within the knowledge of Member contained therein are true. (2) Member will honor any valid Vtsa or Mastercharge card properly tendered for use. Member will check each Visa and Mastercharge for validity and currency, to be delermined by the card's formal and such current void lists as provided by Bank, If the total amount of any sales trans- action Is In excess of a dollar limitation Imposed by Bank, Member wilt telephone Bank's authorization facility and obtain Bank's specific authoriza- tion uthorizetion to draw a sales draft relating thereto, end such authorization will be noted by Member In the appropriate place on the sales draft. All sales drafts. and credit vouchers, will be on forms supplied by Bank end will be completed to Include the name of the Visa or Mastercharge holder, the narne of the authorized user (I1 different), the dare, a description of the merchandise sold or services rendered and the total cash price of the sale. At least one copy of the sales draft, or credit voucher, will be delivered to the holder or authorized user of the Visa or Maslereharpe card. All sates drafts tendered to Bank by Member will represent obligations of a Visa or Mastercharge holder In amounts set forth therein for merchandise sold or services rendered only and shall not Involve any element of credit for any other purpose. Member agrees to Indemnity and hold Bank harmless from any claim relating to any sales draft purchased by Bank, Interposed by way of defense, dispute, offset or counterclaim. Member represents that as of the date any sales draft is tendered to Bank, Member has no knowledge or notice that would impair the validity of the sales draft or IIs eolledtibil• fry. Member will make no special charge or extract any special agreement, condition or security from a Visa or Mastercharge holder In connection with any sales draft drawn. Member will establish a fair policy tor the exchange and return of merchandise and will give a proper credit or refund for all such returns and Issue credit vouchers therefor. Any and all disputes between Member and customer respecting any sale of merchandise or any rendition of service covered by a sales draft shall De adjusted between customer and Member. (3) Bank will provide Member with an appropriate number of sales draft imprinters, which will remain the exclusive property of Bank, unless purchased by Member. Member will pay a service and maintenance fee on such imprinters as agreed upon from time to time by Bank and Member. Member shall use such impnnlers whenever possible. Member shall return impnnler to Bank upon termination of this Agreement (4) Bank will pay Member the total face amount of each rales draft accepted and purchased hereunder as is agreed upon from time to time between Bank and Member, subject to the terns end conditions of this Agreement Member may maintain a commercial checking account with Bank. subject to the Bank's usual commercial account service charges. Each sales draft and each credit voucher shall be delivered to Bank not later than the third banking business day following the dale of Issuance. All figures ere subject to final audit and checking by Bank; and Member agrees that in the case of any Inaccuracies Bank may charge or credit Members account without notice, for any deficiencies or overages, as the case may be. The preparation and delivery to Bank by Member of sales drafts shall constitute an endorsement to Bank by Member of each sales draft. Bank or Its representative is authorized to place Member's endorsement on any sales draft at any time. Bank Is hereby authorized to charge Member's com- mercial checking and/or other accounts periodically In an amount equal to the sales discount upon the adjusted total of deposited sales drafts, which discount will be computed at the rate agreed upon by Bank and Member. Member shall be responsible to Bank for any overdrafts which may result therefrom. Member waives notice of default or nonpayment, protest or notice of protest, demand for payment and other demands or notices In connection with this agreement or any sales draft. Member hereby consents to extensions of time granted, or compromises made, with any Visa or Mastercharge holder liable on any sales tlrah without affecting Members liability thereon or hereunder. (5) Member agrees to pay the total face amount of any sales draft, and Bank shall have the right al any time to charge Member's account therefor without notice, in any situation relating to such sales draft where; (I) merchandise Is retumed, whether or not a credit voucher Is delivered to Bank; (ll) any sales transaction exceeds the dollar limitation of the Visa or Mastercharge card and which has not otherwise been specifically authorized by Bank; (ill) the sales draft is alleged to have been drawn, accepted or endorsed improperiy or without authority; (iv) the sales draft is Illegible; (v) the Visa and Mastercharge holder disputes the sale, quality, or delivery of merchandise or the performance or quality of services covered by the sates draft accepted by such holder or authorized user, (v1) the sales draft was drawn by, or depository credit given to, Member in circum- stances constituting a breach of any tern, condition, representation, warranty. or duty of Member hereunder, or MD the extension of credit for merchandise sold or services performed was In violation of law or the rules or regulations of any governmental agency, federal, state, local or other. wise Member shall be responsible to Bank for any overdrafts of Members account resulting therefrom. (5) Bank may examine and verity at any reasonable time all records of Member pertaining to sales drafts sold to Bank hereunder, and mer. chant agrees to preserve such records for a period of one year from dale of sales draft (7) Bank shall have the sole right to receive payment on sales drafts purchased by Bank. Member agrees not to sue or to make any collections thereon, except as may oe specifically authorized by Bank In the event of such authorization, Member agrees to hold all collections, 11 any, in trust for Bank and to deliver the same kind Immediately upon receipt. (9) This Agreement shalt become effective when signed by both parties and shall remain In lull force and effect until terminated by wnhen yahoo. Either party may terminate this Agreement upon such written notice without cause at any time. All obligations of Member incurred or exist - Mg under this Agreement as of the date of termination shall survive such termination This Agreement shall be binding on the parties thereto, their successors or assigns. (9) Notwithstanding the foregoing, Member, by signing below authorizes Bank or any credit bureau or their investigative agency employed by Bank to make whatever credit inquiries Bank deems necessary prior to acceptance hereof by Bank, and Member further authorizes any person or credit reporting company to compile and furnish to Bank any Inlornation In response to Bank's inquiries EXECLrfED by Member, this 19 ACCEPTED by Bank this Name of Member 19 By. *01101 Name of Bank Memoors Principal Place or Business By: Cry State rine Telephone Zip Code • Corpus Christi, Texas I1 day of L � , 192! TO THE MEMBERS OF THE CITY COUNCIL 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 suspension of the Charter rule orrequirement that na 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, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best Jack IG: Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the following vote: The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 16196 VISA' CORPUS CHRISTI NATIONAL BANK BANKCARD CENTER P. 0. BOX 2826 CORPUS CHRISTI, TEXAS 78403 MEMBER AGREEMENT Undersigned, hereinafter called Member, whose pnnclpal place of business is City Hall 302 South Shoreline, Corpus Christi, Texas 78408 desires to honor Visa cards and Mastercharge cards In connection with sales of merchandise or services, and will from time to time otter to Corpus Christi National Bank, Corpus Christi, hereinafter called Bank, sales drafts relating to such sales for purchase by Bank hereunder. (i) Member represents that any cre ell application submined by 9 to Bank is personally signed by the applicant and that all statements of fact within the knowledge of Member contained at are true. (21 Member will honor any valid Visa or Maslercharpe card properly tendered for use. Member will check each Visa and Mastercharge for validity and currency, to be determined by the card's format and such current void lists as provided by Bank, If the total amount of any sales trans- action Is In excess of a dollar limitation Imposed by Bonk, Member will telephone Bank's authorization facility and obtain Bank's specific authorize. tion to draw a sales draft relating thereto, end such authorization will be noted by Member In the appropriate place on the sales draft. All sales drafts, and credit vouchers. will be on lonns supplied by Bank and will be completed to Include the name OI the Visa or Mastercharge holder, the name of the authorized user (if different), the date, a description of the merehandlse sold or services rendered and the total cash price of the sale. At least one copy of the sales draft, or credit voucher, will be delivered to the holder or authonzed user of the Visa or Mastercharge card. All sales oafts tendered to Bank by Member will represent obligations of a Visa or Mastercharge holder In amounts set forth therein for merchandise sold or services rendered only and shall not involve any element of credit tor any other purpose. Member aprees to indemnify and hold Bank harmless from any claim relating to any sales draft purchased by Bank, Interposed by way of defense, dispute, offset or counterclaim. Member represents that es of the date any sales draft is tendered to Bank, Member has no knowledge or notice that would Impair the validly of the sales draft or Its collectibit- Iy. Member will make no special charge or extract any special agreement, Condition or security from a Visa or Mastercharge holder In connection with any sales daft drawn. Member will establish a fair polity for the exchange and retum of merchandise and will give a proper credit or refund for all such retums and issue credit vouchers therefor. Any and all disputes between Member and customer respecting any sale of merchandise or any rendition of semce covered by a sales draft shall be adjusted between customer and Member. (3) Bank will provide Member with an appropriate number of sales draft Imprinters, which will remain the exclusive properly of Bank, unless purchased by Member. Member will pay a service and maintenance fee on such Imprinlers as agreed upon from time to time by Bank and Member. Member shall use such impnnters whenever possible. Member shall retum impnnler to Bank upon termination of this Agreement (4) Bank will pay Member the total face amount of each sales draft accepted and purchased hereunder as Is agreed upon from time to time between Bank and Member, subject to the terms and conditions of this Agreement Member may maintain a commercial checking account with Bank, subject to the Bank's usual commercial account service charges. Each sales drati and each credit voucher shall be delivered to Sank not later than the inld banking business day following the date of issuance all figures are subject to final audit and checking by Bank; and Member agrees that In the case of any Inaccuracies Bank may charge or credit Members account without notice, for any deficiencies Or overages, as the case may be. The preparation and delivery to Bank by Member of sales dates shall constitute an endorsement 10 Bank by Member of each sales draft Bank or Its representative is authorized 10 place Members endorsement on any sales daft al any lime. Bank is hereby authorized to charge Member's corn- merclal checking and/or other accounts periodically In an amount equal to the sales discount upon the adjusted total of deposited sales darts, which discount will be computed al the ate agreed upon by Bank and Member. Member shah be responsible to Bank for any overdrafts which may result tneretrom. Member waives notice of default or nonpayment, protest or notice of protest, demand for payment and other demands or notices In connection with this agreement or any sales daft. Member hereby consents to extensions of time granted, or compromises made, with any Visa or Mastercharge holder liable on any sales daft without affecting Member's liability thereon or hereunder. (5) Member agrees to pay the total face amount of any sales draft, and Bank shall have the right at any time to charge Member's account therefor without notice, In any situation relating 10 such sales drat! where; (I) merchandise Is returned, whether or not a credit voucher is delivered to Bank; (11) any sales transaction exceeds the dollar limitation of the Visa or Mastercharge card and which has not otherwise been specifically authorized by Bank; (III) the sales draft is alleged to have been drawn, accepted or endorsed Improperly or without authority, (iv) the sales daft is Illegible; (v) the Visa and Mastercharge holder disputes the sale, quality, or delivery of merchandise or the performance or quality of services covered by the sales draft accepted by such holder or authorized user, (sal) the sales draft was drawn by, or depository credit given to, Member in circum- stances constituting a breach of any tens, condition, representation, warranty, anty, or duty of Member hereunder, or (sail) the extension of credit for merchandise sold or services performed was In violation of law or the rules or regulations of any governmental agency, federal, state, local or other- wise. Member shall be responsible to Bank for any overdrafts of Members account resulting therefrom. (6) Bank may examine and verify at any reasonable time all records of Member pertaining to sales drafts sold to Bank hereunder, and mer- chant agrees to preserve such records for a period of one year from dale of sales draft. (7) Bank shall have the sole right 10 receive payment on sales drafts purchased by Bank. Member agrees not to sue or to make any collections thereon, except as may oe specifically authorized by Bank. In the event of such authorization, Member agrees to hold all collections, If any, In trust for Bank and to deliver the same kind Immediately upon receipt. (0) Thls Agreement shall become effective when signed by both parlles and shall remain In full force and effect until terminated by written notice Either parry may terminate this Agreement upon such written notice without cause at any time. All obligations of Member Incurred or exist - Ing under this Agreement as or the date of termination shall survive such termination. This Agreement shall be binding on the parties thereto, their successors or assigns, (9) Notwithstanding the foregoing, Member, by signing below authorizes Bank or any credit bureau or their investigatwe agency employed by Bank to make whatever credit inquiries Bank deems necessary prior to acceptance hereof by Bank, and Member thriller authorizes any person or credit reporting company to compile and tumish to Bank any Information In response to Bank's inquiries. EXECUTED by Member this r5 e/ ACCEPTED by Bank this City of Corpus Christi Na Of At r 19 g / sr City Manager �(ruiel City Hall, 302 So. Shoreline , Memoere Principal Place of Buelnees Cornus Christi Texas 78408 Cay (512) 884-3011 reiepnpne Stale Zip Code