SPECIAL TOWN BOARD MEETING
December 31, 2003
Page 9

Establish Police Checking/Money Market Accounts

Upon the request of the Bookkeeper, the following Resolution was introduced for adoption by Councilman Waszkiewicz and duly seconded by Councilman Butler:

(RESOLUTION NO. 459 OF 2003)

RESOLVED: That Fleet (the "Bank") be, and hereby is, designated a depository of funds of the Town of New Hartford (the "Town") for Police Checking Account #9475695869 and Money Market Account #9475695871, with authority to accept at any time for the credit of the Depositor deposits in checking and money market accounts, by whomsoever made in whatever manner endorsed; and

RESOLVED: That the Bank shall not be liable in connection with the collection of such items that are handled by the Bank without negligence and the Bank shall not be liable for the acts of its agents, subagents or for any other casualty; and

RESOLVED: That the Town assumes full responsibility for and shall indemnify the Bank against all losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in accordance with, or from actions taken in good faith and in reliance upon, these Resolutions; and

RESOLVED: That the Bank be, and hereby is, authorized and directed to certify, pay or otherwise honor all checks, drafts, notes, bills of exchange, acceptances, undertakings and other instruments or orders for the payment, transfer or withdrawal of money for whatever purpose and to whomsoever payable when such instruments and orders are properly made, signed, or endorsed by the signature or purported facsimile signature, or the oral direction of any of the authorized signers below; and

RESOLVED: That any authorized signer acting alone be, and hereby is, authorized on behalf of the Town to endorse, negotiate and collect any and all checks, drafts, notes, bills of exchange, acceptances, undertakings and other instruments and to open and close and update information on any account of the Town at the Bank; and

RESOLVED: That any of the authorized signers below acting alone be, and hereby is, authorized on behalf of the Town to instruct, orally or by such other means as the Bank may make available to the Town, the Bank to initiate the transfer of funds by wire, telex, automated clearinghouse, book entry, computer or such other means, and to execute agreements with the Bank for the transfer of funds from any of the Town’s accounts and to delegate from time to time to other persons the authority to initiate the transfer of funds from any such account; and

RESOLVED: That the Bank may rely on any signature, endorsement or order and any facsimile signature or oral instruction reasonably believed by the Bank to be made by an authorized signer, and the Bank may act on any direction of an authorized signer without inquiry and without regard to the application of the proceeds thereof, provided that the Bank acts in good faith; and

RESOLVED: That the Town assumes full responsibility for and shall indemnify the Bank against all losses, liabilities and claims resulting from payments, withdrawals or orders made or purported to be made in accordance with, or from actions taken in good faith and in reliance upon, these Resolutions; and

RESOLVED: That the Bank may rely on this document and on any certificate by an authorized representative of the Town as to the names and signatures of the authorized signers of the Town until the Bank has actually received written notice of a change has had a reasonable period of time to act on such notice; and

RESOLVED: That the Town agrees t notify the Bank promptly and in writing of any change in (a) these Resolutions, (b) the identity of persons authorized to sign, endorse or otherwise authorize payments, transfers or withdrawals, (c) ownership of the Town or the Town’s legal structure or status, including the Town’s dissolution or bankruptcy; and

RESOLVED: That any of the following named persons, or persons from time to time holding the following offices of the Town be, and hereby are, designated as the authorized signers to act on behalf of the Town in accordance with the above resolutions:

  • Town Supervisor – Ralph B. Humphreys
  • Deputy Town Supervisor – Donald C. Backman
  • Bookkeeper – Carol D. Fairbrother.

The Supervisor noted that this request was due to the manner in which police appropriations/revenues were budgeted for 2004, excluding the Village of New York Mills that has its own Police Department. He then polled the Board members who voted as follows:

Councilman Waszkiewicz - Aye
(Councilman Woodland - ABSENT)
Councilman Butler - Aye
Councilman Backman - Aye
Supervisor Humphreys - Aye.

The Resolution was declared unanimously carried and duly adopted.