512.2002
RESOLUTION AUTHORIZING TOWN OF QUEENSBURY TO ENTER
INTO AGREEMENTS PROVIDING FOR
INTERNET-BASED BANKING SERVICES
RESOLUTION NO.: 512, 2002
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, in accordance with New York State General Municipal Law §5-a and §10
and Town Law §64, it is the duty of the governing boards of local government to adopt a system
of internal controls for the documentation and reporting of all transfers or disbursements of funds
accomplished by electronic or wire transfer, and
WHEREAS, in accordance with such laws, the Queensbury Town Board adopted
Resolution 4, 2002 authorizing certain banking transactions and now the Town Board wishes to
authorize the execution of certain agreements permitting certain Internet-based banking actions
and services, and
WHEREAS, the Town has received three (3) agreements providing for such Internet-
based banking services from Evergreen Bank entitled:
1.eCashManager Internet Banking Services Agreement – Governmental;
2.ACH Agreement Banknorth, N. A. Governmental Customer Agreement for
Electronic Payment Services; and
3.Wire Transfer Agreement (Governmental);
and such Agreements have been reviewed and are in form acceptable to the Town Comptroller’s
Office and Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller’s Office to adopt a system of Internet-based banking services, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the following persons to be
designed as Agents, such Agents to exercise the “Powers Granted” that will follow in this
Resolution:
1.Dennis R. Brower, Supervisor
2.Theodore Turner, Deputy Supervisor; and
3.Henry S. Hess, Comptroller
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the above listed Agents,
subject to any written limitations, to exercise the following “Powers Granted”:
1.Execute and deliver the eCashManager Internet Banking Services Agreement –
Governmental (Agreement) and in accordance with such Agreement, use
computer banking to check balances and account information on the Town’s
deposit and loan accounts with Evergreen Bank (Bank), transfer funds from the
Town’s deposit accounts to other deposit accounts of the Town or to make
payments on the Town’s loan accounts and to enter stop payment orders on the
Town’s checking accounts with the Bank and conduct any other activity
authorized under the Agreement; and
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2.Execute and deliver the ACH Agreement Banknorth, N.A. Governmental
Customer Agreement for Electronic Payment Services and in accordance with
such Agreement, initiate debit and credit ACH transactions to the deposit
accounts of the Town;
3.Execute and deliver the Wire Transfer Agreement (Governmental) and in
accordance with such Agreement, initiate domestic wire transfers from the
Town’s accounts at the Bank;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that:
1.The Bank is designated to provide the computer-based financial accommodations
indicated in this Resolution.
2.This Resolution shall continue to have effect until express written notice of its
rescission or modification has been received and recorded by the Bank. Any and
all prior Resolutions adopted by the Town Board and certified to the Bank as
governing the operation of the Town’s accounts are in full force and effect until
the Bank receives and acknowledges an express written notice of its revocation,
modification or replacement. Any revocation, modification or replacement of a
Resolution must be accompanied by documentation, satisfactory to the Bank,
establishing the authority for the changes.
3.The signature of an Agent named on this Resolution is conclusive evidence of his
authority to act on behalf of the Town. Any Agent, so long as he acts in a
representative capacity as Agent of the Town, is authorized to make any and all
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other contracts agreements, stipulations and orders which he may deem advisable
for the effective exercise of the powers indicated above, from time to time with
the Bank, subject to any restrictions on this Resolution or otherwise agreed to in
writing.
4.All computer banking transactions, if any, by or on behalf of the Town prior to
the adoption of this Resolution are hereby ratified, approved and confirmed.
5.The Town agrees to the terms and conditions of the eCashManager Internet
Banking Services Agreement – Governmental and the ACH Agreement
Banknorth, N.A. Governmental Customer Agreement for Electronic Payment
Services and the Wire Transfer Agreement (Governmental) and authorizes any
Agent named above to execute such Agreements and deliver them to the Bank.
The Town authorizes the Bank, at any time, to charge the Town for all checks,
drafts or other orders for the payment of money that are drawn on the Bank so
long as they contain the required number of signatures for this purpose.
6.The Town acknowledges and agrees that the Bank may rely on alternative
signature and verification codes to or obtained from the Agents named in this
Resolution. The term “alternative signature and verification codes” includes, but
is not limited to, ID numbers and personal identification numbers (PIN) to be used
by the Agents to access Internet banking services. The Bank shall have no
responsibility or liability for unauthorized use of alternative signature and
verification codes unless otherwise agreed to in writing.
and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Comptroller’s
Office to adopt a system of internal controls for the documentation and reporting of all transfers
or disbursements of funds accomplished by electronic or wire transfer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Comptroller to take any and all action necessary to effectuate all terms of this
Resolution.
th
Duly adopted this 16 day of December, 2002, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
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