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354 Municipal Funds.* CITY OF YELM RESOLUTION NO. 354 A RESOLUTION relating to the conduct of municipal government, the management, deposit, and withdrawal of the public funds thereof; designating a depository for certain funds of the City; and further designating those officers or employees of the City empowered to withdraw or access such funds, and the number of declaring an effective date. WHEREAS, certain funds of the City of Yelm have been and now are deposited in an account in the name of this municipality in Key Bank, a commercial bank, and it is anticipated that this practice will continue; and WHEREAS, both the banking depository and the people of the City of Yelm have a common interest in designating the officers empowered to access, and the means of accessing such monies now or hereafter deposited in the said bank; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF YELM, as follows: Section 1. Designation of Depository. Key Bank, a commercial bank, is hereby selected and designated as a bank of and the depository for certain funds of the City of Yelm, in such accounts and funds as may now or hereafter be necessary or useful to the City for the management, access, and investment thereof, all according to the provisions of applicable law. Section 2. Designation of Municipal Officers Authorized to Execute Withdrawal or Payment Orders. Checks, drafts, or advices of debit, other and further withdrawals or directions of municipal funds deposited in said bank may be executed by the holders of the following elective or appointment municipal offices, or their successors after election or appointment and qualification, provided that the bank be notified in writing of such formal succession: Mayor of the City of Yelm Pro Tempore of the City of Yelm during an absence by the elected Mayor Chief Administrative Officer Clerk-Treasurer of the City of Yelm PROVIDED, HOWEVER, that no such check, draft, order or other document directing the withdrawal, payment, or other use of such funds, or any part thereof, shall be effective, nor shall any such instrument or instruction be honored by the bank unless the signatures of the Mayor or Mayor Pro Tempore and either the Chief Administrative Officer or the Clerk-Treasurer of the City shall appear thereon. RESOLUTION 354 Page 1 Section 3. Breadth of Authority. The authority of the officers named in Section 2 of this Resolution to direct deposited funds shall include power to draw and accept drafts and execute contracts and other agreements between the bank and the City of Yelm, and to make, collect, discount, negotiate, endorse and assign, in the name of the municipal corporation, all checks, drafts, notes, and other paper payable to or by the City of Yelm; and all such paper, signed as aforesaid, including checks payable to the order of any one or more of said persons or to bearer shall be honored by the bank and charged to the appropriate account of the City of Yelm. Endorsements for deposit may be made by rubber stamp and shall bind the municipality to the same effect as though signed by the properly authorized officer(s). This authority shall continue in force until notice of its modification or revocation shall have been given to and received by the bank. This authority shall apply to and govern all accounts which this municipality may now or hereafter open or maintain with bank, and for which no separate and more limited resolution of authority has been passed, provided .to and received by the bank. If said account checks, obligations, and orders for the payment of money referred to hereinbefore are signed by the use of the facsimile signature(s) of the authorized signer(s), the City of Yelm assumes full responsibility for any and all payments made by the bank in reliance upon said facsimile signature {s) and agrees to indemnify and hold harmless said bank against any and all loss, cost, damage, or expense suffered or incurred by bank arising out of the misuse or unlawful or unauthorized use by any person or such facsimile signatures; PROVIDED HOWEVER, that no such facsimile signature shall be honored by bank, nor shall any agreement to indemnify or pay losses or costs as set forth hereinbefore be effective, unless and until a specimen of said facsimile signature shall have been furnished to bank; AND PROVIDED FURTHER, that in the event such a facsimile signature be provided to bank, bank shall be entitled to rely upon the same, to the same extent as an original signature, unless and until an amended facsimile, or a revocation of authority to utilize such facsimile, shall have been provided to an received by bank. Section 4. Effect of Bank Rules and ReQUlations and Applicable Laws. The City of Yelm agrees to be bound by all lawful rules and regulations governing accounts in the Key Bank, and any amendments, modifications, or additions thereto after notification and actual receipt of the same in writing, which bank agrees to provide within ten (10) business days hereof, and within the same period after any modification thereof shall become effective. Section 5. Authorization to Execute Signature Card The officers authorized hereinbefore to draw upon and direct funds deposited in bank are further authorized and empowered to execute, on behalf of the City of Yelm, to execute bank's signature card(s), RESOLUTION 354 Page 2 .. '~ .. CITY OF YELM RESOLUTION NO. 354 2 with respect to each account upon which they have authority to sign instruments, and to bind the municipality to the lawful rules and regulations of the bank governing said accounts, subject to the above notification requirements. Section 6. Effective Date. This resolution shall be effective on and after the 1st day of January 1996. Passed and Approved: December 11, 1996 Kathryn M' Wolf, Mayon of the City of Yelm Agnes P. Bennick, City Clerk-Treasurer RESOLUTION 354 Page 3