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HomeMy WebLinkAbout10-09-1991 Meetingi • LA FORTE AREA WATER AUTHORITY MINUTES OCTOBER 9, 1991 1. The meeting was called to order at 6:05 P.M. by President Jerry Bramlett. MEMBERS PRESENT: President Jerry Bramlett, Secretary- Treasurer Al Fields, Member Bob Blackwell, Member Rodney Etchberger MEMBERS ABSENT: None OTHERS PRESENT: Robert Herrera, General Manager; Steve Gillett, Director of Public Works 2. The Oath of Office was administered to Rodney J. Etchberger by President Jerry Bramlett. 3. The minutes from the June il, 1991, regular meeting were read. Motion was made by Secretary Al Fields and seconded by Member Bob Blackwell to approve the minutes as presented. Motion was unanimous. 4. Catch-up payment to the City of Houston for $123,045.04 for the quarter April through June 1991 was discussed. Steve Gillett explained the billing methods. Bob Blackwell made motion to pay the invoice, seconded by Secretary Al Fields. Motion was unanimous. 5. The Operator's Agreement between the Authority and the City of La Porte was discussed. General Manager Robert Herrera reviewed the Agreement, and outlined changes. Motion was made by Member Rod Etchberger and seconded by Al Fields to approve the Operator's Agreement. Motion was unanimous. 6. General Manager Robert Herrera reported that the firm of Null & Associates has been retained to provide a financial audit of the Authority. He also made a graphic presentation of the first nine months of operation of the Authority, contrasting surface water and groundwater production. • • LA PORTE AREA WATER AUTHORITY BOARD MEETING MINUTES PAGE 2 7. There being no further business, Bob Blackwell made motion to adjourn, seconded by Member Rod Etchberger. Motion was unanimous and the meeting was adjourned. Al Fiel s, Secretary- easurer PASSED AND APPROVED: ON THIS DAY /`A,,wt~,A,ti7 ~/ 8 , 19 7 Z""- JerYy B~"d'tt, President --- ~ • ~lINB~ED 5~,~.~ES IFNI®1EIL~~1' AND GI~I~.~~,N~~ ~®I~~~.~I~' .~a~lsinore, .~nrjrl s,a~ (A Stock Company) No. 29 X01.70=1 0058-91 -1 KNOW ALL MEN BY THESE PRESENTS: That we, ----------------------- ROBERT-- J ~---BLACKWELL--------------------------------------------------------------------------- as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation duly incorporated under the laws of the State of Maryland, as Surety, are held and firmly bound unto _____________________________________ --------------------~--P 4iZ~'.E---~~---Y~LP,T.la~__AiJ ~'>`LQ.~3~.~ ~---------------------------------------------------------------- Obligee, in the sum of $___~~_QQ~_QQ =_ _ ________. for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal was appointed to the board of La Porte Area Water Authority. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal _ ROBERT J . BLACKWELL ____ shall well and faithfully pertorm all the duties of his office, then this obligation to be void, otherwise to remain in full force and effect. IT IS UNDERSTOOD AND AGREED, and this bond is given and accepted on the condition that the Surety shall in no way be held liable for any loss, costs, damages or expenses of any kind caused by the failure of any Bank, Institution or Depository of any kind to pay, deliver over or properly account for any money, moneys, papers, securities or property of any kind placed on deposit therein or in its custody by or for said Principal in his capacity as aforesaid or in any other capacity. IT IS FURTHER UNDERSTOOD AND AGREED that the Surety may cancel this bond by giving thirty (30) days notice in writing to the Obligee. Such cancelation shall be effective only as to acts committed by the Principal after the expiration of said thirty (30) day period. The Surety shall, upon surrender of this bond and its release from all liability thereunder, refund the premium paid, less a pro rata part thereof for the time this bond shall have been in force. Signed, sealed and dated Mere. OH. 144 UNITED STATES FIDELITY AND GUARANTY COMPANY Attorne -In-Fact 1 y • • ~ V CERTIFIED COPY GENERAL POWER OF ATTORNEY No._____ 101258 ----------------------- Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COb1PANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Grady K. Strt>rrl, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte ,State of Texas its true and lawful attorneys in and for the State of TeX3S for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY C0IIPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COb1PANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever? anyone of file said Grady K. Str(mI and the said Sherry L. Langnau and the said SuEI_len Landriault may lawfu]ly do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY C031PANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice•President and Assistant Secretary, this 17th day of February , A. D. 19 89 UNITED STATES FIDELITY AND GUARANTY C0~IPANY. (Signed 1 By... , , ,John , A. Andryszak ......................... Vice-President. (SEAL) George R. Gardner (Signed) ......................................................... Assistant Secretary. STATE OF 1fARYLAND. t S ss: BALTIMORE CITY, On this 17th day of February , A. D. 1989 ,before me personally came John A. AndrySZak , Vice•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Gep e R. Gardner ,Assistant Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said John A. AndrySZa}C and Ge0Z'qa R. Galrlner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDILITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice•President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.90 (SEAL) (Si ed) Margaret M. Hurst gn .............. ........................ ... .... Notary Public. FS 3 (1.87) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Reaolned, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and A18o, in its name and as its attorney or attorneys-in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. /, JarT1eS M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Grady K. Strurn, Sherry L. Langnau and SuEllen Landriault of LaPorte, TeXas ,authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. !r. Testimony Whereof, I hive hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on / ~ i q~ (D te) /~ ~4 Assistant Secretary. M1 ~ • • EaII~iN~E~ 5~~,~ES lFBI®EIL~~Y ANA GU~.~~~~~' ~®I~I~~I~I~' (A Stock Company) 29-0170-10110-86-1 KNOW ALL MEN BY THESE PRESENTS: That we, _______________________________ JERRY BRAMLETT as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation duly incorporated under the laws of the State of Maryland, as Surety, are held and firmly bound unto LA PORTE AREA WATER AUTHORITY Obligee, in the sum of $__-5~0 0 0 :_0 0__ ~ _________ for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal was appointed to the board of the La Porte Area Water Authority. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal ----------------------------------------------JERRY BRAMLETT--------------- --------------_ shall well and faithfully perform alt the duties of his office, then this obligation to be void, otherwise to remain in full force and effect. IT IS UNDERSTOOD AND AGREED, and this bond is given and accepted on the condition that the Surety shall in no way be held liable for any loss, costs, damages or expenses of any kind caused by the failure of any Bank, Institution or Depository of any kind to pay, deliver over or properly account for any money, moneys, papers, securities or property of any kind placed on deposit therein or in its custody by or for said Principal in his capacity as aforesaid or in any other capacity. IT IS FURTHER UNDERSTOOD AND AGREED that the Surety may cancel this bond by giving thirty (30) days notice in writing to the Obligee. Such cancelation shall be effective only as to acts committed by the Principal after the expiration of said thirty (30) day period. The Surety shall, upon surrender of this bond and its release from all liability thereunder, refund the premium paid, less a pro rata part thereof for the time this bond shall have been in force. Signed, sealed and dated -----------------------------------._..----------------------~.1_ 1_~9.~.-----------------------___-__.. -- - - ---- - - -- - -- ---- ------ (SEAL) Principal ~UNQITED ST ES IDELITY AND GUARANTY COMPANY L1.._._._ ~ ------- --.---_---__---___..- Sherry Langnau - Attorney=In ~Fac~___ ,-__~~-_--~~ Mere. OS. 144 CERTIFIED COPY GENERAL POWER OF ATTORNEY No._____101258 Knots all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Grady K. Strtml, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte , State of Texas its true and lawful attorneyg in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy uE which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Direcrors, hereby ratifies and confirms all and whatsoeverXIt~Cii6Ii~C anyone of the said Grady K. Strum and the said Sherry L. Langnau and the said SuEllen Landriault may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice•President and Assistant Secretary, this 17th day of February , A. D. 19 89 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed 1 gy, ... , ,John . A. Andryszak ........................... Vice-President. (SEAL) George R. Garriner (Signed) ......................................................... Assistant Secretary. STATE OF MARYLAND. ss: BALTIMORE CITY, On this 17th day of February , A. D. 1989 ,before me personally came John A. AndrySZak .Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and tip a R. Gar<3ner ,Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John A. AndrySZak and Geor~e R. Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FID LITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.90. (SEAL) (Signed) Margaret M. Hurst ............................................................ Notary Public. FS 3 (1$7) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Kesoloed, that this Company do, and it hereby does, authorize and empower its President or either of its Vice• Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in al] actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. /, JaIT1BS M. CaY1ol1 , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Grady K. Stnmt, Sherry L. Langnau and StlEllen Landri.ault of LaPorte, TeXas ,authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. /rt Testimong Whereof, I ha a hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on ~l/~G~~ / ( ate ) ~~ Assistant Secretary. •