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HomeMy WebLinkAbout724-16 Fathom Depository Account RESOLUTION NO. 724-16 A RESOLUTION OF THE CITY OF ZEPHYRHILLS, FLORIDA PROVIDING FOR FATHOM WATER MANAGEMENT, LLC TO PROVIDE CITY UTILITY WITH CUSTOMER ACCOUNT SERVICING; PROVIDING AN EFFECTIVE DATE. WHEREAS;FATHOM(FATHOM Water Management,LLC)("FATHOM")has entered into a contract to provide customer account servicing(the "Contract")on behalf of the water utility for the City of Zephyrhills, Florida, (the "City") and WHEREAS; in order to provide said water utility customer account servicing, FATHOM will be invoicing customers, receiving payments from customers and maintaining account records for the customers as agent for and on behalf of the City, and WHEREAS; FATHOM recognizes that at all material times the payments received are and will continue to be equitably owned by the City and held and accounted for by FATHOM for the City's benefit, and WHEREAS; it will be necessary for FATHOM to deposit customer payments in a bank account controlled by and in the name of FATHOM, and' WHEREAS; FATHOM has provided to City adequate and binding assurances that all customer payments will be held in an account separate from and not commingled with funds legally and equitably belonging to FATHOM, NOW, THEREFORE, BE IT RESOLVED by the City Council' of the City of Zephyrhills, Florida that: FATHOM is authorized by the City to receive customer payments for water utility services provided by City into a bank account legally titled in FATHOM's name (the "Account"). FATHOM is authorized to endorse and negotiate all such payments as City's agent for deposit into the Account FATHOM shall at all times hold all such payments as City's collection agent and for the use and benefit of City as provided for in the Contract. FATHOM shall account for all such funds and transfer funds to an account held by City and designated by City for receipt of such funds as provided in the Contract. This resolution shall take effect immediately upon passage. NOW, THEREFORE, BE IT PASSED by the City Council of the City of Zephyrhills, Florida, sitting in regular session this 25th day of July, 2016. Attest:o �� � Lori L. Hillman, City Clerk t Gene tfield, r Approved as to legal form and sufficiency for the so e i r ' s_ se A. Poblick, City Attorney