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HomeMy WebLinkAboutORD 86-39 i ORDINANCE NO. ENTITLED AN ORDINANCE DIRECTING THE USE AND INVESTMENT OF ALL FUNDS RECEIVED IN THE DISTRIBUTION OF THE BANKRUPTCY OF E.S .M. GOVERNMENT SECURITIES, INC . ; AND PROVIDING FOR S EVE RABI L ITY. WHEREAS, the city has enacted an ordinance authorizing the City Manager to execute an agreement with Thomas Tew, Trustee, for E.S .M. Government Securities, Inc. which will allow the distribution of Beaumont' s pro rata share of such estate; and, WHEREAS, the agreement with Thomas Tew provides for the return of such funds should the order approving the distribution be successfully overturned, amended or modified on appeal; and, WHEREAS, the City Council wishes to assure that such funds will be securely invested and pledged to provide a source of monies from which to pay the contingent liability of such event, and to that end, desire to provide that such funds be invested and set aside in escrow for such purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Manager, as the Finance Director of the City, is hereby directed to take possession of all funds distributed to the City of Beaumont out of the bankruptcy of E.S .M. Government Securities, Inc . and place such funds in a segregated account. Such funds shall be invested in accordance with the investment policies of the City of Beaumont and all interest earned on such investments shall be retained in such segregated account. ®-Jowl -3y -,;,,/ i Section 2 . That the funds shall not be expended for any purposes whatsoever, other than periodic reinvestment, as necessary, except upon authority of an ordinance of City Council . Council shall not authorize the expenditure of such funds until such time as the order of distribution in the bankruptcy of E. S .M. becomes final and is no longer subject to reversal, modification or action on appeal or by Writ of Certiorari. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1986. - Mayor - 2 - D -,90