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2009-047sAour documents\ordinances\09\wachovia banicdoc ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SECOND ONE-YEAR EXTENSION TO THE DEPOSITORY SERVICES CONTRACT WITH WACHOVIA BANK, N.A.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 6, 2006, the City of Denton and Wachovia Bank, N.A. entered into a Depository Services Contract whereby Wachovia Bank, N.A. was designated as the primary depository for operations and payroll accounts, banking, depository, safekeeping, lockbox, merchant and internet credit card payment services beginning June 1, 2006 and ending May 31, 2008, with three possible one-year extensions of the Contract not to extend beyond May 31, 2011, in accordance with the requirements of Chapter 105 of the Local Government Code; and WHEREAS, the City of Denton and Wachovia Bank, N.A. desire to initiate the second one-year extension which will begin June 1, 2009 and ending May 31, 2010; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized to execute a Second Amendment to the Depository Services Contract between the City of Denton and Wachovia Bank, N.A. extending the term of the Contract to May 31, 2010, a copy of which is attached hereto and made a part hereof for all purposes. SECTION 2. The following officials: George C. Campbell, City Manager; Jon Fortune, Assistant City Manager; Howard Martin, Assistant City Manager; Fred Greene, Assistant City Manager; and Bryan Langley, Director of Finance are hereby authorized to transact business with the above listed institution regarding daily banking transactions or investments for the City of Denton. SECTION 3. The City Manager is authorized to make the expenditure of funds and fees and take the actions as required by the Depository Services Contract as amended. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of AAf _'2009. sAour documents\ordinances\09\wachovia bank.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Q~,N\U APPR D AS LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 sAour documents\contracts\09\wachovia dep ext.doc SECOND AMENDMENT TO DEPOSITORY SERVICES CONTRACT STATE OF TEXAS COUNTY OF DENTON This Second Amendment to that certain Depository Services Contract executed on June 6, 2006 between the City of Denton, Texas, a municipal corporation located in the State of Texas, hereinafter referred to as "City," and Wachovia Bank, N.A., a bank located in the State of Texas, hereinafter referred to as "Depository"; said Contract, including all agreements executed pursuant to the Contract, are hereinafter referred to as the "Contract"; NOW, THEREFORE, under the conditions and for the considerations hereinafter expressed, the parties hereby agree as follows: SECTION 1. In accordance with Article 1 "Selection and Term" of the Contract, the Contract is hereby extended for a second one-year extension which will begin June 1, 2009 and ending May 31, 2010. SECTION 2. Save and except as amended hereby, all the remaining articles, terms, conditions, sections, sentences, clauses, and phrases of the Contract shall remain in full force and effect. IN W TNESS of which this Contract has been executed on this the of 2009 by the duly authorized officers of Depository and City. CITY OF DENTON: By: George . Campbell City Manager Address: City of Denton 215 E. McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Mu /ill 1ka," sAour documentskontracts\Mwachovia dep ext.doc APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: r WACHOVIA BANK, N.A. r By: Auto orized Signature Name: _ yNg~rEw ~e S ~'n5 Title: (J2in~v ~r- I (43- fps i d ~ Page 2