HomeMy WebLinkAbout10-20-1992 Meeting
LA PORTS AREA WATER AUTHORITY
AGENDA
REGULAR MEETING OF THE LA PORTS AREA WATER AUTHORITY TO BE HELD
TUESDAY, OCTOBER 20, 1992, IN THE FIRST FLOOR CONFERENCE ROOM OF
THE PUBLIC WORKS SERVICE CENTER, 2963 NORTH 23RD STREET, LA PORTS,
TEXAS, BEGINNING AT 6:3U PM.
1. CALL TO ORDER.
2. ADMINISTER OATH OF OFFICE TO JERRY BRAMLETT, ALBERT FIELDS,
ROL)NEY F~:TCHBERGER AND JAMES SWEETON.
~. CONSIDER APPROVAL C)F'^1INUTES FROM THE JUNE 16, 1992 MEETING.
4. ELECTION OF OFFICERS
5. CONSIDER APPROVAL OF PAYMENT TO THE CITY OF HOUSTON FOR
"CATCH-UP" AS OF JUNE 30, 1992 IN THE A^90UNT OF 562,°82.55.
6. CONSIDER AFFROVAL OF RENEWAL OPTION FOR THE OPERATOR'S
AGREEMENT WITH THE CITY OF LA FORTE.
7. GENERAL hIANAGER'S REPORT.
8 . ADS; ~-)URNMENT .
~ • 4y ~ •
LA PORTE AREA WATER AUTHORITY
MINUTES
OCTOBER 20, 1992
1. The meeting was called to order at 6:25 P.M. by President Jerry
Bramlett.
MEMBERS PRESENT: President Jerry Bramlett, Member James
Sweeton, Secretary/Treasurer Al Fields and Member Rodney
Etchberger.
OTHERS PRESENT: Steve Gillett, Director of Public Works, Buddy
Jacobs, Assistant Director of Public Works, and Genitha Smith,
Secretary/Notary Public.
2. The Oath of Office was administered to Al Fields, James Sweeton,
Rodney Etchberger by President Jerry Bramlett. The Oath of Office
was administered to Jerry Bramlett by Secretary/Treasurer Al
Fields.
3. Minutes from the regular meeting held June 16, 1992 were read. Al
Fields made motion to approve the minutes as read and seconded by
Rodney Etchberger. Motion unanimous with James Sweeton
abstaining.
4. President Bramlett called for a motion for officer election.
Rodney Etchberger made motion to elect full slate of officers
seconded by Al Fields. Al Fields made motion to nominate Jerry
Bramlett as President, seconded by James Sweeton. Motion
unanimous. Motion made by Al Fields, seconded James Sweeton to
nominate Rodney Etchberger as Vice President. Motion unanimous.
Motion made by Rodney Etchberger, seconded by James Sweeton to
nominate Al Fields as Secretary/Treasurer. Motion all unanimous.
5. "Catchup" Payment to City of Houston was discussed by Steve
Gillett. Steve Gillett gave background to new member James
Sweeton about history of LPAWA and the contract with City of
Houston. Steve Gillett recommended payment of invoice in the
amount of $62,882.55. Motion made by James Sweeton and seconded
by Rodney Etchberger to pay City of Houston's invoice as
recommended. Motion unanimous. Al Fields asked about status of
contractor/City of Houston dispute. Steve Gillett discussed.
6. The renewal option for the Operator's Agreement with the City of
La Porte was discussed. James Sweeton asked questions about who
the operator was and Steve Gillett stated the City of La Porte is
the operator. Motion made by James Sweeton seconded by Rodney
Etchberger to renew the Operator Agreement for the one year
period. Motion unanimous.
LA PORTE AREA WATER AUT RITY
BOARD MEETING MINUTES
PAGE 2
7. Steve Gillett reported that all meters have been calibrated at
all takepoint sites. Steve Gillett discussed operations. Al
Fields requests members be given copies of the expenditure
reports of LPAWA monthly.
8. There being no further business, motion made by James Sweeton and
seconded by Rodney Etchberger to adjourn. Motion unanimous.
Meeting adjourned at 7:00 P.M.
Al Fields, Secretary-Treasurer
PASSED AND APPROVED:
ON THI S DAY ~ ~,J_~~ ;~~, j ~ , 19 ;~
Jerrlt Bra~ttle~t'~, President
CJ
~~
l~N~~ED S~A~ES ~~DE~.~~Y AND G~.,I~.~~,N~~Y ~®li~~'~N~'
(A Stock Company)
N o.------------------
KNOW ALL MEN BY THESE PRESENTS:
JAMES SWEETON
That we, --------------- ---------------------------------------------------------------_--------------------------------------.._-----------------.._----
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 La Porte Area
Water Authority.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal .______
----------------------------------1_~I~I.EET~L._-___-_-___.------------------------------------------------- shall well and
faithfully perform 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 .--------------..-1-~12 0-(9 2 ------------------------------
__._ (SEAL)
Principal ----
UNITED STATES FIDELITY AND GUARANTY COMPANY
_____.._
Sherry Langnau
r e -In-Fact ~__~
,.:..
PubO 144 (2-86) ...
~~ ~~~ ~ .
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No._____101258__
Knorv all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY CORIPANY, 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. Strtiml, 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
CO:~iPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITEll STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever
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 C011PANY.
John A. An szak
(Signed) By ......................... ...............................
Vice-President.
(SEAL) George R. Gardner
(Signed) .........................................................
Assistant Secretary.
STATE OF MARYLAND. 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 ~-~eprge R. Gardner .Assistant Secretary of said Company, with both of
whom I am personally acquainted, w o being by me severally duly sworn, said that they, the said John A. AndrySZa~{
and C,eOrga R. Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY C014PANY, 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 1uly, A. D. 19.90.
(SEAL) (Signed) MarC3aret M. Hurst
............................................................
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 Reaolaed, 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
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.
/, JaiT1eS 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. Str>,ml, Sherry L. Langnau and SuEllen Landri.ault
of LaPorte, Texas ,authorizing and empowering there 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.
In Testimon Whereof, I ~ve ereunto set m hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
C0111PANY on ~ / j~~~~~ y
(Da e)
~~
Assistant Secretary
~. ~.~..~. r ~ •
UNITED STATES FIDELITY ND GUARANTY COMPANY
BALTIM YLAND
NOTICE "' ELATION Date 11-4 19 92
rtified Mail r ~ 1
turn Receipt
quested La Porte Area WaterAuthority
T0: p. 0. Box 1115
La Porte, Tx 77572-1115
L J
You are hereby notified that the Bond or Policy described below is hereby canceled in accordance with its
terms and conditions.
Said cancelation is effective as of 12-10 lg 92
United,>jtates Fidelity and Guaranty Company
~ _.
Attorney-in-Fact
Number
Agent
(Name and Address)
29-0170-10058-91-1
Ken Strum Ins. Agency
La Porte, Tx
Premium Period From To
03-1-92 03-1-93
U. S. F. & G. P • 0 . Box 447 7
Office Houston, Tx 77210
Principal (Surety) or Insured (Fidelity) and Address
Blackwell, Robert J.
1600 Lomax School Road
La Porte, Tx
Obligee (Surety) and/or Kind of Bond or Policy
La Porte Area WaterAuthority
Director
Remarks:
FS 34 (1-77)
,.- ~- ,.
LJ
CERTIFIED CQPY
GENERAL POWER OF ATTORNEY
No.-------1019 82-----------
Knorr all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY CODIPANY, 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
Peter M. Russell
of the City of Houston ,State of Texas
its true and lawful attorney
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
al] 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 of 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 Directors, hereby ratifies and confirms all and whatsoever the said
Peter M. Russell
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 28tY1 day of
AlllguSt , A. D. 19 89
UNITED STATES FIDELITY AND GUARANTY COMPANY.
Charles W. Boone
(Signed) By ............. ..........................................
Vice-President.
(SEAL) David G. Olson
(Signed) .............................................
Assistant Secretary.
STATE OF `IARYLAND. j
s ss:
BALTIMORE CITY,
On this 28~ day of p~llgUSt , A. D. 19 89, before me personally came
Charles W. Boone , Vice•President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and David G. Olson ,Assistant Secretary of said Com any, with both of
Charles w. >~oone
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said
and DaV~ G• Olson were respectively the Vice•President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COb1PANY, 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 7uly, A. D. 19.~~ .
Margaret M. Hurst
(SEAL) (Signed) .......................................... ...... .........
Notary Public.
FS 3 (1.871
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 Resolved, 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
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 especities whatsoever, cbaditioned 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.
(, Ja~iles M. Carnoll , 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 ~tpr M. Rl1SSe~.1.
of Houston, T@X3S ,authorizing and empowering h].ITI 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.
(n Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on 11-4-92
(Date)
. ..............................Assistant Secretary ... .
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