Res 054-94 4/19/1994t a
RESOLUTION NO. E:41—q44
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN PUBLIC FUNDS
INVESTMENT COOPERATIVE (THE "COOPERATIVE" ) , DESIGNATING THE
BOARD OF DIRECTORS OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS AS AN AGENCY AND INSTRUMENTALITY TO
SUPERVISE THE COOPERATIVE , APPROVING INVESTMENT POLICIES OF
THE COOPERATIVE , APPOINTING AUTHORIZED REPRESENTATIVES AND
DESIGNATING INVESTMENT OFFICERS .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS , TEXAS :
SECTION 1 . That there are additional public fund
investment pools operating the state that offer additional
yields on cash by extending the weighted average maturity .
Texpool offers of the shortest weighted average maturities
and diversification of a small portion to a longer maturity
would enhance our yield and still maintain the same level of
liquidity that is currently available.
SECTION 2 . It is hereby officially found and
determined that the acquisition of additional public fund
investment pools is advantageous to the city .
PASSED AND APPROVED this t 19th day of 44-51^il , 1994 .
Z-..."•••
000
M A Y OR
ATTEST:
hitkej_i
City Clerk
RESOLUTION NO. 4' -
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN PUBLIC FUNDS
INVESTMENT COOPERATIVE (THE "COOPERATIVE") , DESIGNATING THE
BOARD OF DIRECTORS OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS , TEXAS AS AN AGENCY AND INSTRUMENTALITY TO
SUPERVISE THE COOPERATIVE , APPROVING INVESTMENT POLICIES OF
THE COOPERATIVE , APPOINTING AUTHORIZED REPRESENTATIVES AND
DESIGNATING INVESTMENT OFFICERS .
WHEREAS, the Interlocal Cooperation Act , Chapter 791 of the Texas
Government Code, as amended (the " interlocal Act") , permits any " local
government" to contract with one or more other " local governments" to
perform "governmental functions and services , " including investment of
public funds (as such phrases are defined in the Interlocal Act) ;
WHEREAS , the Interlocal Act authorizes the contracting parties to
any interlocal agreement to contract with agencies of the State of
Texas , within the meaning of Chapter 771 of the Government Code,
WHEREAS , the Act permits the contracting parties to any
interlocal agreement to create an administrative agency to supervise
the performance of such interlocal agreement and to employ personnel
and engage in other administrative activities and provide other
administrative services necessary to execute the terms of such
interlocal agreement ;
WHEREAS , the Public Funds Investment Act , Chapter 2256 of the
Texas Government Code, as amended (the "PFIA") , authorizes the
entities described in Subsection (a) of the PFIA to invest their funds
in an eligible public funds investment pool , and the intends to become
and remain an eligible public funds investment pool , under the terms
and conditions set forth in PFIA ;
WHEREAS , City of Wichita Falls (the "Government Entity") desires
to enter into that certain Interlocal Agreement (the "Agreement" ) , a
copy of which is presented with this Resolution and is incorporated
herein by reference, and to become a participant in a public funds
investment pool created thereunder and under PFIA, to be known as
Local Government Investment Cooperative (the "Cooperative") ;
WHEREAS , the Government Entity is a Government Entity as defined
in the Agreement ; and
WHEREAS, the Government Entity desires to cause administration of
the Cooperative to be performed by a board of directors (the "Board") ,
which shall be an administrative agency created under the Interlocal
Act ; and
WHEREAS, the Government Entity desires to designate the Board as its
agency and instrumentality with authority to supervise performance of the Agreement,
employ personnel and engage in other administrative activities and provide other
administrative services necessary to execute the terms of the Agreement;
WHEREAS, each capitalized term used in this Resolution and not
otherwise defined has the same meaning assigned to it in the Agreement;
NOW, THEREFORE, BE IT RESOLVED:
1.The Agreement is hereby approved and adopted and, upon
execution thereof by an Authorized Representative (defined below) and receipt
of the Government Entity's application to join the Cooperative by the
Administrator, the Government Entity shall become a Participant in the
Cooperative for the purpose of investing its available funds therein from time to
time in accordance with its terms.
2.The Board is hereby designated as an agency and instrumentality
of the Government Entity, and the Board shall have the authority to supervise
performance of the Agreement and the Cooperative, employ personnel and
engage in other administrative activities and provide other administrative
services necessary to execute the terms of the Agreement.
3.The investment policies of the Cooperative, as set forth in the
document entitled Investment Policies, as summarized in the Information
Statement, and as may be amended from time to time by the Board, are hereby
adopted as investment policies of the Government Entity with respect to money
invested in the Cooperative, and any existing investment policies of the
Government Entity in conflict therewith shall not apply to investments in the
Cooperative.
4.The following officers, officials or employees of the Government
Entity are hereby designated as "Authorized Representatives" within the
meaning of the Agreement, with full power and authority to: execute the
Agreement, an application to join the Cooperative and any other documents
required to become a Participant; deposit money to and withdraw money from
the Government Entity's Cooperative account from time to time in accordance
with the Agreement and the Information Statement; and take all other actions
deemed necessary or appropriate for the investment of funds of the Government
Entity:
Signatur•• I
Printed Name: FRED L. WERNER
Title: DIRECTOR OF FINANCE
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270268.02
Signature:
Printed Name:
Title:
Signature:
Printed Name:
Title:
In accordance with Cooperative procedures, an Authorized Representative
shall promptly notify the Cooperative of any changes in who is serving as
Authorized Representatives.
5.In addition to the foregoing Authorized Representatives, each
Investment Officer of the Cooperative appointed by the Board from time to time
is hereby designated as an investment officer of the Government Entity and, as
such, shall have responsibility for investing the share of Cooperative assets
representing funds of the Government Entity. Each depository and custodian
appointed by the Board from time to time are hereby designated as a depository.
and custodian of the Government Entity for purposes of holding the share of
Cooperative assets representing funds of the Government Entity.
PASSED AND APPROVED this 19 day of APRIL 19 94
ATTEST:
By: 61,6c0a) u Q tL B
I YDIA TORRES CITY CLERK BERZINA C dNAGER
Printed name and title Pr ted Name and Tie
SEAL
3_
270268.02
Interlocal Agreement
THIS INTERLOCAL AGREEMENT (together with any amendments and
supplements, referred to as this "Agreement") dated as of April 4, 1994 is made and
entered into by and among each of those government entities initially executing this
Agreement and any other government entity that is eligible and becomes a party hereto
collectively, the "Participants").
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, as amended (the "Interlocal Act"), permits any "local government"
to contract with one or more other "local governments" to erform "governmentalP
functions and services," including investment of public funds (as such phrases are
defined in the Act);
WHEREAS, the Interlocal Act authorizes the contracting parties to any
interlocal agreement to contract with agencies of the State of Texas, within the
meaning of Chapter 771 of the Government Code;
WHEREAS, the Interlocal Act permits the contracting parties to any
interlocal agreement to create an administrative agency to supervise the performance
of such interlocal agreement and to employ personnel and engage in other
administrative activities and provide other administrative services necessary to execute
the terms of such interlocal agreement;
WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas
Government Code, as amended (the "PFIA") authorizes the entities described in
Subsection (a) of the PFIA to invest their funds in an eligible public funds investment
pool;
WHEREAS, each of the Participants qualifies as a government entity
under this Agreement;
WHEREAS, the Participants desire to establish and maintain a public
funds investment pool for the purpose of pooling their local funds for joint investment
in accordance with the Interlocal Act and PFIA and the terms hereof and providing
assistance to each other on investment alternatives and on other issues of concern to
the Participants;
WHEREAS, the Participants desire that the public funds investment pool
be entitled Local Government Investment Cooperative (the "Cooperative") and the
Cooperative be managed and operated by a board of directors, which shall be an
administrative agency created under the Interlocal Act;
WHEREAS, each of the Participants has duly taken all official action
necessary and appropriate to become a party to this Agreement, including the adoption
of a resolution;
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NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements contained herein,the Participants mutually agree as follows:
ARTICLE I
Definitions and Rules of Construction
Section 1.01. Definitions. Except as otherwise provided in this
Agreement, the capitalized terms used herein shall have the following meanings unless
the context otherwise requires:
Account - any account established by a Participant.
Additional Party Agreement - a document substantially in the form
attached hereto as an Appendix which, when attached to a copy of this Agreement and
executed by an Authorized Representative of a Government Entity, constitutes a valid
and binding counterpart of this Agreement and results in the Government Entity
becoming a party to this Agreement.
Administrator - The Trust Company of Texas, or any other person, firm
or organization approved by the Board and under contract to provide administrative
assistance in connection with the management and operation of the Cooperative.
Adviser - The registered investment advisor or advisers selected by or at
the direction of the Board to provide advice regarding investment of Cooperative assets
pursuant to this Agreement and subject to applicable law.
Authorized Investments - those investments which are authorized from
time to time to be purchased, sold and invested in under PFIA or other applicable law.
Authorized Representative-an individual authorized to execute documents
and take other necessary actions, pursuant to this Agreement, on behalf of a
Government Entity or other person, firm or organization, as evidenced by a duly
adopted resolution or bylaw of the governing body of such Government Entity or other
person, firm or organization, a certified copy of which is on file with the Administrator.
In the case of a Government Entity that is a combination of political subdivisions under
the Act,the Authorized Representatives of any administrative agency appointed by such
combination of political subdivisions shall be deemed to be Authorized Representatives
for such Government Entities.
Board - the governing body of the Cooperative, known as The Board of
Directors of Local Government Investment Cooperative.
Bylaws - with respect to the initial Participants, the proposed bylaws of
the Board presented to them, and after creation of the Board, its bylaws, as the same
may be amended from time to time, subject to the requirements of this Agreement.
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Cooperative - the public funds investment cooperative created pursuant
to this Agreement.
Custodian-the person selected by or at the direction of the Board to have
custody of all money, investments and other assets of the Cooperative pursuant to this
Agreement and subject to applicable law.
General Manager- Southwest Securities Group, Inc., or any other person,
firm or organization which has contracted with the Board to provide general
management services to the Board.
Government Entity- a local government of the State of Texas, as defined
in the Interlocal Act or a state agency, as defined in Section 771.002 of the Government
Code, including but not limited to an incorporated city or town, a county, a public
school district, a district or authority created under art. III, Section 52(b)(1) or (2) of
the Texas Constitution, or art. XVI, Section 59 of the Texas Constitution, an institution
of higher education as defined by Section 61.003 of the Education Code, a hospital
district, or a fresh water supply district.
Information Statement-the information statement or any other document
distributed to Participants and potential Participants to provide them with a
description of the management and operation of the Cooperative, as the same may be
amended from time to time, subject to the requirements of this Agreement.
Interlocal Act- the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code, as the same may be amended from time to time.
Investment Officer - one or more officers or employees of the Board
designated as investment officers by the Board.
Investment Policies - the written Investment Policies adopted and
approved by the Board governing investment and management of Cooperative assets
of different Portfolios, as the same may be amended from time to time, subject to the
requirements of this Agreement.
Marketing Representative" - Broker Transaction Services, Inc. or any
other person, firm or organization authorized by the Board to promote the Cooperative.
Participants - the Government Entities that are the initial parties to this
Agreement and the Government Entities whichich subsequently become parties to this
Agreement.
PFIA - the Public Funds Investment Act, Chapter 2256, Texas
Government Code, as the same may be amended from time to time.
Portfolio- a portfolio of assets in the Cooperative which are held separate
from other assets of the Cooperative and which are invested with a defined investment
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objective which may be different from other Portfolios in the Cooperative, and in which
a Participant may elect to invest its funds.
State - the State of Texas.
Units - equal proportionate units of undivided beneficial interest in the
assets of the Cooperative or of any Portfolio of the Cooperative from time to time,
including fractions of units as well as whole units.
Section 1.02 General Rules of Construction.
a) 'Whenever in this Agreement the context requires: (1) a reference
to the singular number shall include the plural and vice versa; and
2) a word denoting gender shall be construed to include the
masculine, feminine, and neuter.
b) The titles given to any article or section of this Agreement are for
convenience only and are not intended to modify the article or
section.
ARTICLE II
Creation of the Cooperative; Purpose and Objective
Section 2.01. Creation of the Board.
a) The initial Participants hereby agree to jointly invest their funds
in a public funds investment pool, to be known as Local
Government Investment Cooperative (the "Cooperative") and to
create and establish a board of directors of the Cooperative (the
Board"), as an administrative agency pursuant to the Interlocal
Act, to supervise the Cooperative.
b) The Participants delegate to the Cooperative through its Board, the
authority to hold legal title to and manage all money, investments
and other assets transferred to or acquired by the Cooperative
pursuant to the Interlocal Act and this Agreement.
c) As an agency and instrumentality of the Participants, the Board
shall have the authority to employ personnel, engage in other
administrative activities and provide other administrative services
necessary to accomplish the purpose of this Agreement.
Section 2.02. Purpose and Objective.
a) The first purpose of the Cooperative is to provide Government
Entities with a variety of investment vehicles to best suit their
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investment needs, with each Portfolio tailored to meet a specific
investment need.
b) The second purpose of the is to provide Government Entities with
a forum for discussion of, and to provide education concerning,
investments and other issues of concern in public finance. In all
cases, however, the Cooperative will have the following investment
objectives in order of priority: safety of principal; liquidity in
accordance with the operating requirements of the Participants;
and the highest rate of return.
c) In order to accomplish the Cooperative's objective, each Participant
agrees that the money transferred to a Portfolio within the
Cooperative will be commingled with other money transferred to
the Portfolio by other Participants for the purpose of making
Authorized Investments, subject to the terms of this Agreement,
the Investment Policies and applicable law, thereby taking
advantage of investment opportunities and cost benefits available
to larger investors.
ARTICLE III
Cooperative Administration
Section 3.01. The Board and the Bylaws
a) The business and affairs of the Cooperative shall be managed by
the Board as governing body of the Cooperative.
b) The Board is authorized to adopt Bylaws which shall set forth,
among other things, the initial Board members, the procedures
governing the selection of the members of the Board, the procedure
for holding meetings, the election of officers, and other matters
necessary or desirable for governance by the Board, and the right
of the Board, the Administrator, and other consultants to be
indemnified for damages arising from their actions in connection
with the Cooperative. By executing this Agreement, the
Participant consents to the Bylaws. By maintaining funds in the
Cooperative after any amendment to the Bylaws becomes effective,
the Participant consents to the Bylaws, as amended. The Board
has the right to amend any term or provision of the Bylaws,
provided that notice is sent to each Participant at least 30 days
prior to the effective date of any change which, in the opinion of
the Board, is a material change to the Bylaws.
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Section 3.02. Powers and Duties of the Board.
a) Subject to applicable law and the terms of this Agreement, the
Board shall have full and complete power to take all actions, do all
things and execute all instruments as it deems necessary or
desirable in order to carry out, promote or advance the investment
objective, interests and purposes of the Cooperative to the same
extent as if the Board was the sole and absolute owner of the
Cooperative.
b) The Board shall adopt and maintain Investment Policies, consistent
with the general objective of the Cooperative, which shall provide
more detailed guidelines for investment and management of
Cooperative assets. By executingying this Agreement, the initial
Participants consent to the proposed Investment Policies, and the
subsequent Participants consent to the Investment Policies then in
effect. By maintaining funds in the Cooperative after any
amendment to the Investment Policies becomes effective, the
Participant has consented to the Investment Policies, as amended.
The Board shall, subject to the terms of this Agreement, have the
authority to amend any term or provision of the Investment
Policies, provided that notice is sent to each Participant at least 30
days prior to the effective date of any change which, in the opinion
of the Board, will have a material effect on such Participant's
investment in the Cooperative.
c) The Board shall adopt and maintain Operating Procedures, which
shall provide more detailed information on the procedures for
depositing and withdrawing funds from the Cooperative. By
executing this Agreement, the initial Participants consent to the
proposed Operating Procedures, and the subsequent Participants
consent to the Operating Procedures then in effect. By
maintaining funds in the Cooperative after any amendment to the
Operating Procedures becomes effective, the Participant has
consented to the Operating Procedures, as amended. The Board
shall, subject to the terms of this Agreement, have the authority to
amend any term or provision of the Operating Procedures provided
that notice is sent to each Participant at least 30 days prior to the
effective date of any change which, in the opinion of the Board, will
have a material effect on such Participant's investment in the
Cooperative.
d) The Board shall designate one or more Investment Officers for the
Cooperative who shall be responsible for the investment of
Cooperative assets, provided that no person who is an officer or
employee of a regional planning commission, council of
governments or similar regional planning agency created pursuant
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to Chapter 391 of the Government Entity Code of the State shall
be eligible to serve as an Investment Officer.
e) The Board shall prepare, or direct the preparation of an
Information Statement that describes how the Cooperative will
operate in accordance with the terms of this Agreement and the
Investment Policies. Subject to the terms of this Agreement and
the Investment Policies, the Information Statement may be
amended or supplemented, notice of which will be provided to
Participants in accordance with the requirements of PFIA.
f) The Board shall, subject to the limitations established in the
Investment Policies, have full and complete power and authority to
appoint a general manager and any other service providers deemed
necessary or helpful in the operation of the Cooperative.
g) The Board shall provide, through peer review, seminars, computer
mail systems, or other means, information and educational
opportunities to Participants on investing and on other issues in
the area of public finance.
h) The Board shall have full and complete power to use, or direct the
use of, Cooperative assets for the following purposes: (1) incur and
pay any expenses which, in its opinion, are necessary or incidental
to or proper for carrying out any of the purposes of this
Agreement; (2) reimburse others for the payment thereof; (3) pay
appropriate compensation or fees to persons with whom the
Cooperative has contracted or transacted business; and (4) charge
a Participant's Account for any special fees or expenses related
specifically to transactions in such Account.
i) The Board shall have full power to compromise, arbitrate, or
otherwise adjust claims in favor of or against the Cooperative.
j) The Board shall cause financial statements to be prepared and
maintained for the Cooperative and for such statements to be
audited annually by an independent certified public accounting
firm.
k) The Board may appoint the Administrator to perform
administrative services for the Cooperative, provided that the
Board shall continue to oversee the operation and management of
the Cooperative and shall have the authority to direct the
Administrator to take or not take specific action on behalf of the
Cooperative.
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1) The enumeration of any specific power or authority herein shall
not be construed as limiting the general power and authority of the
Board over the Cooperative.
Section 3.03. Liability.
a) Neither the Board, the Investment Officers, nor any officers,
employees or board members of any of the forgoing shall be held
liable for any action or omission to act on behalf of the Cooperative
or the Participants unless caused by such person's willful
misconduct. The Cooperative shall indemnify and hold harmless
either directly or through insurance) any person referred to in this
Section, to the extent permitted by law, for any and all litigation,
claims or other proceedings, including but not limited to reasonable
attorney fees, costs,judgments, settlement payments and penalties
arising out of the management and operation of the Cooperative,
unless the litigation, claim or other proceeding resulted from the
willful misconduct of such person.
b) Neither the General Manager, the Marketing Representative, the
Administrator, the Adviser, the Subadviser, the Custodian, nor
their affiliates, officers, employees or board members shall be held
liable for any action or omission to act on behalf of the Cooperative
or the Participants unless such person failed to meet the standard
of care required under its agreement relating to the Cooperative or
acted with willful misconduct. The Cooperative shall indemnify
and hold harmless (either directly or through insurance) any
person referred to in this Section, to the extent permitted by law,
for any and all litigation, claims or other proceedings, including but
not limited to reasonable attorney fees,costs,judgments,settlement
payments and penalties arising out of the management and
operation of the Cooperative, unless the litigation, claim, or other
proceeding is adjudicated to have resulted from such person's
failure to meet the standard of care required under its agreement
relating to the Cooperative or its willful misconduct.
c) The indemnification provisions are described in more detail in the
Bylaws.
ARTICLE W
Participation in the Cooperative
Section 4.01. Eligibility. In order for a Government Entity to become a
Participant and transfer money into the Cooperative, each of the following conditions
must be satisfied:
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a) The Government Entity must adopt a resolution (1) authorizing it
to become a Participant and approving this Agreement, (2)
establishing the Board as an agency and instrumentality of the
Participant to supervise the Cooperative, (3) approving the
investment policies of the Cooperative (as amended from time to
time by the Board) and directing that any conflicting local
investment policies shall not apply to Cooperative investments of
the Participant, (4) designating Authorized Representatives of the
Participant, (5) designating the Investment Officers appointed from
time to time by the Board as the Participant's investment officers
who shall be responsible for investing the share of Cooperative
assets representing local funds of the Participant, and (6)
designating the depository and custodian appointed from time to
time by the Board as the Government Entity's depository and
custodian for purposes of holding the share of Cooperative assets
representing funds of the Government Entity; and
b) The Government Entity must become a party to this Agreement by
executing an Additional Party Agreement and delivering the same
to the Cooperative, together with a certified copy of the resolution
referred to in subsection (a) of this Section, an application in form
and substance satisfactory to the Board, and such other
information as may be required by the Board.
c) No entity except a Government Entity may be a Participant. The
Board shall have sole discretion to determine whether a
Government Entity is eligible under Texas law to be a Participant
and to designate categories of Government Entities eligible to be
Participants in any Portfolio of the Cooperative.
Section 4.02. Participant Accounts.
a) While available local funds of Participants may be commingled for
purposes of common investment and operational efficiency, one or
more separate Accounts for each Participant in each Portfolio in
the Cooperative designated by the Participant will be established
in accordance with the Participant's application to join the
Cooperative and maintained by the Cooperative.
b) Each Participant shall own an undivided beneficial interest in the
assets in the Portfolios in which it invests, calculated as described
in the Investment Policies.
c) The Participant agrees that all Cooperative fees shall be directly
and automatically assessed and charged against the Participant's
Account. The basic services fee shall be calculated as a reduction
in the daily income earned and only the net income shall be
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credited to the Participant's Account. Fees forp special services
shall be charged to each Participant's Account as they are incurred
or performed. Use of Cooperative assets for fees shall be made
from current revenues available to the Participant.
Section 4.03. Reports. The Cooperative shall submit a written report a
least once per month to each Participant. Such report will indicate: (1) the balance in
each Account of a Participant as of the date of such report, (2) yield information, (3)
all account activity since the previous report, and (4) other information required byPFIA.
Section 4.04. Termination.
a) A Participant may withdraw all funds from an Account in
accordance with the Investment Policies and Operating Procedures.
A Participant may cease to be a Participant under this Agreement,
with or without cause, by providing written notice to the
Cooperative at least 10 days prior to such termination.
b) The Board may terminate a Participant's participation in this
Agreement upon at least 30 days notice if Texas law changes so
that such Participant is no longer entitled to join in an eligible
public funds investment pool under PFIA, the Interlocal Act, or
other applicable law.
c) Upon the vote of a majority of its full membership, the Board may
order the termination of this Agreement by directing that all
outstanding operating expenses of the Cooperative be paid and
remaining assets of the Cooperative be distributed to Participants
in accordance with their respective pro rata interests.
ARTICLE V
Cooperative Assets
Section 5.01. Cooperative Investments. Cooperative assets shall be
invested and reinvested by the Cooperative only in Authorized Investments in
accordance with the Investment Policies.
Section 5.02. Custody. All money, investments and assets of the
Cooperative shall be held in the possession of the Custodian.
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ARTICLE VI
Miscellaneous
Section 6.01. Severability.
a) If any provision of this Agreement shall be held or deemed to be
illegal, inoperative or unenforceable, the same shall not affect any
other provisions contained herein or render the same invalid,
inoperative or unenforceable to any extent whatsoever.
b) Any participation in this Agreement or transfer of assets to the
that is not qualified for any reason shall not terminate this
Agreement or the participation of other Participants or otherwise
adversely affect the Cooperative.
Section 6.02. Limitation of Rights. This Agreement does not create any
right, title or interest for any person other than the Participants and any person who
has a contract to provide services to the Cooperative, and nothing in or to be implied
from this Agreement is intended or shall be construed to give any other person any
legal or equitable right, remedy or claim under this Agreement.
Section 6.03. Execution of Counterparts. This Agreement may be
executed in several separate counterparts, including by Additional Party Agreement,
each of which shall be an original and all of which shall constitute one and the same
instrument.
Section 6.04. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State.
Section 6.05. Term. This Agreement shall have an initial term beginning
with the effective date set forth below and ending March 31, 1995 and shall be
automatically renewed for one year on such date and each anniversary of such date,
except with respect to any Government Entity that may have terminated itself as a
Participant or as otherwise provided in Section 4.05.
Section 6.06. Notices. Any notices or other information required or
permitted to be given hereunder shall be sent: (a) to the Cooperative as set forth in the
Information Statement, and (b) to a Participant as set forth in its application to become
a Participant or as otherwise provided by written notice to the Administrator.
Section 6.07. Entire Agreement; Amendments. This Agreement
represents the entire agreement and understanding of the Participants. This
Agreement may be amended with the approval of a majority of the full membership of
the Board, provided that notice of any such amendment is sent to all Participants at
least 60 days prior to the effective date thereof.
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I
IN WITNESS WHEREOF the initial parties hereto have caused this
Agreement to be executed.
CITY OF WICHITA FALLS TEXAS
di
f Governme s ntity
By: L
St"orized Representat' • •
JIM BERZINA CITY MANAGER
Printed Name and Title
Name of Government Entity
By:
Authorized Representative
Printed Name and Title
Name of Government Entity
By:
Authorized Representative
Printed Name and Title
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Additional Party Agreement
The Government Entity of the State of Texas named below, acting by and
through the undersigned Authorized Representative, hereby agrees to become a party
to that certain Interlocal Agreement to which this page is attached, and thereby become
a Participant in the Local Government Investment Cooperative, subject to all of the
terms and provisions of such Agreement. The undersigned hereby represents that it
is a Government Entity as defined in such Agreement.
Executed this day of 19_.
Name of Government Entity
By:
Authorized Representative
Printed Name and Title
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