Loading...
HomeMy WebLinkAbout01-24-1995 Meeting• LA FORTE AREA WATER AIITHORITY MINQTES JANIIARY 24, 1995 1. The meeting was called to order at 6:30 pm by President Jerry Bramlett. MEMBERS PRESENT: President Jerry Bramlett, Secretary /Treasurer Al Fields and Member James Sweeton. MEMBERS ABSENT: Vice President Rodney Etchberger OTHERS PRESENT: General Manager Robert T. Herrera, Finance Director Jeff Litchfield, Director of Public Works Steve Gillett, and Auditor Chris Breaux, Null & Associates. 2. The minutes from the regular meeting held August 30, 1994 were read. Motion by Al Fields, seconded by James Sweeton, to approve the minutes as read. Motion was unanimous. 3. Motion was made by James Sweeton, seconded by Al Fields, to approve payment of "catch-up" through September 30, 1994, to the City of Houston in the amount of $29,862.06. Motion was unanimous. 4. General Manager Herrera introduced Chris Breaux of Null & Associates, who discussed the audit conducted by his firm. He stated that the financial statements of the Authority accurately depicted the condition of the Authority and were in conformance with generally accepted accounting principles. Jeff Litchfield, Director of Finance, reviewed the Annual Financial Report, and answered questions from the Board regarding those statements. Motion was made by Al Fields, seconded by James Sweeton, to approve the La Porte Area Water Authority Annual Financial Report for Fiscal Year Ending September 30, 1994. Motion was unanimous. 5. General Manager Robert T. Herrera reported that he had requested the City Attorney to prepare a letter to the Board on the question of legal requirements for awarding the annual Operator's Agreement. ~ ~ La Porte Area Water Authority Minutes January 24, 1995 Page 2 The General Manager reported that a bill (HB 432) had been introduced to the Texas Legislature by Representative Mike Jackson to amend the Authority's enabling legislation to allow the La Porte City Council to appoint a fifth member to the Board without regard to residency. The Mayor of La Porte had requested representative Jackson to introduce this legislation. The General Manager will keep the Board informed of the bill's progress. The Board expressed support for the bill. 6. There being no further business, motion made ~y James Sweeton, seconded by Al Fields, to adjourn. The motion was unanimous and the meeting adjourned at 7:15 pm. Al Fields, Secretary/Treasurer PASSED AND APPROVED ON THIS DAY 'C~a Q'~~ 2 7 , 19 9 5 . Jerr Br t, President S.Y ~/ ~~sz ~~ ~ ~~,'~`~ ~, ST,~cwn ~ hcu~e ~ ~ c~ou ~ -~ ~ ~~ ~ ~ ~ • E~l~1ITEE) ST~.TES EI~E~.1TY ANO G1,1~.~A1~lTY C®M~AI~iY (A Stock Company) No?90170-10057-91-4 KNOW ALL MEN BY THESE PRESENTS: That we, ________-ALBERT D. FIELDS 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 ______________________________1__ 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 .______ ALBERT D. FIELDS .______. 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 UN DERSTOOD 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 ---------------__.-------------------....__--- -3 ~ 1 ~ 9 4 ._.-._.._._.__._.._....._._._._._._.__ ~S .. ---------------------~ (SEAL) Principal UNITED STATES Fl~DELITY AND GUARANTY COMPANY vl, Sherry L Langnau Attorney-In-Fact Fubo i as (2-88) •.:4 'AYES FIDELITY AND GU POWER OF ATTORNEY NO. 105311 KNOW ALL MEN BY THTsSE PRESENTS: That UNTIED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the bws of the Sfate of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does bereby constitute and appoint Grady K. Strum, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte ~ State of TeXaS its trne and lawful Attorney(a}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, sod to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written inalrwnents in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds sod undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, tbe said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused thin instrnment to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 19 92. ~ UNTIED STATES FIDELITY AND GUARANTY COMPANY t~° (Signed) By...~.... .. ...................... N ~~ Senior Vice President (Signed) By.........~ ......:.............................. -Q Assistant Secretary STATE OF MARYLAND) ~~''°°''' SS: (`"~ BALTIMORE CITY ) °/ On this 6th day of November ,A.D.1 beforemepersooall ~~- Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND GUfr11F COMPANY ~'•gaul D . Sims , Assistant Secretary of said Company, with both of whom I am person Ib~apqusinted, who being by ly duly sworn, said, that they, the said Robert J . Lamendola and Paul D . ere respectively t vice President and tbe Aasistmt Secretary of the said UNTIED STATES FIDELITY AND GU COMPANY, the c descn'bed in and w ' red the foregoing Power of Attorney; that they each knew the seal of said corporation; t~ t e_ xed to said Power o ey wag such corpo at it was so affixed by order of the Board of Directors of said corporation, and that tbey signed r°y~ mes thereto by like or nior Via President scant Secretary, respectively, of the Company. My Commission expires the 11th day in A. 5 . W `'vR~s r,~w ~ '~,. NOTARY PUBLIC ~~poir'P~ ~, This Power of Attorney is granted under and by °~~fe following Resolutions adopted by the Board of Directors of the UNTIED STATES FIDELITY AND GUARANTY COMPANY on Septemb ~¢,~~ 192: RESOLVED, that in connection with the flw~1~ry __d surety insurance business of the Company, all bonds, undertaltings, contracts and other instnrments relating to said busrneas may be srgoed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact punnrant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by tbe Chainnsn, or the President, or ao Executive Vice President, or a Senior Vice President, or a V ice President or sn Assistant Vice President, jointly with the Secretary or sn Assistant Secretary, under their respective designations. 'ILe signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys}in-Fact for purposes only of executing and attesting bonds and undertakings anti other writings obligatory in tbe nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys}io-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company sod to attach tbe seal of the Co~sny to any and all bonds and underfakinga, sod otl-er writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be ss binding upon tbe Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Paul D . Sims , an Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of tbe said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I, the undersi®tcd Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby ceRify that the foregoing Power of Attorney is in full fon;e and effect and has not been revoked. In Testimony Whereof, I haveppereunto set my hand and the seal oft TTE STATES FIDELITY AND GUARANTY COMPANY on this ~ ~-f. day ~~~ ~ ~ w ttt08 Assistant Secretary A1N~ FS 3 (10.92) co~ANY N° 6 2 4 2 6 ~~ ~ T "~ ~/~_ ~` ~~~ s~/~s /~~ ~~~~ ~ P•sLw ~ rn~i . ~~?-~ " ~~~ - ~~~ ~c.sz ~, / C~J~ ~~ i UI~I~TE® STATES E~~EL~TY ANA Gt~A~ZAI~ITY C®ll~N'AI~IY (A Stock Company) No.?9~0170-10110-86-1 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 --~-r~ ___ 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 - ----------------------------------~ZY BR~MLETT _______._--------------__-___ 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 ------------------------------.__3l__71_~-~--------------------_..-__~_._-----_-..-------.. 9L!9~'~~~~ (SEAL) incipal UNQITED STATES FIDELITY AND GUARANTY COMPANY ~1 Sherry Langnau A#~ or~~y~n-Fact PubO 144 (2-88) .. ; a UNITED STATES FIDELITY AND GUARANTY COMPANY N° 6 2 4 2 POWER OF ATTORNEY NO. 105311 ~,..~ KNOW ALL MEN BY THESE PRESENTS: That UNTIED 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, io the State of Maryland, does hereby constitute and appoint Grady K. Strum, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte ,State of Texas its true and lawful AtWtney(a}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undettalinga, contracts and other written ioalnuneots in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persona; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 19 92. ~Y~ND UNITED STATES FIDELITY AND GUARANTY COMPANY t~ (Signed) By...~.... .. ...................... "o,~_ Senior Vice President "w1! (signed) By........ ..................................... ~~-uistant Secretary STATE OF MARYLAND) ` c SS: BALTIMORE CITY ) ~~ Onthia 6th day of November ,A.D.1 fore mepersooall}'"Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND GU COMPANY ~^-Paul D . Sims , Assistant Secretary of said Company, with both of whom I arts persooa(1 +~ia qusinted, who being by fi e Ily duly sworn, said, that thry, the said Robert J . Lamendola sad Paul D . ~ l ere respectively t ~ar Vice President sod the Assistant Secrstuy of the acid UNITED STATES FIDELITY AND GU yCOMPANY, the co~iratdescn~ed in and uted the foregoing Power of Attomry; that they each knew the seal of acid corporation; th ~!"ixed to said Powe ~c yey was such corpo at it was so affixed by order of the Board of Directont of said corporation, and that they signed th ames thereto by lik r Dior Vice Presid~i~ rstaot Secretary, respectively, of the Company. My Commiuioo expires the 11th day is A. 5 . NOTARY PUBLIC tA~:P This Power of Attorney is granted under and by e following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septem¢q I RESOLVED, that in connection with the t ad surety insurance business of the Company, all bonds, undertakings, contracts and other iaattutrxnts relating to acid business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in aceotdaace with these resolutions. Said Power(s) of Attorney for sod on behalf of the Company may and shall be executed in the Warne and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or as Assistant Vice President, jointly with the Secretary or ao Assistant Secretary, under their respective designations. The signature of such officers may tx engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affuced by facsimile to any Power of Attomry or to any certificate relating thereto appointing Attotnry(a}in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless aubaequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to soy bond or undertaking to which it is validly attached. RESOLVED, that Attomry(s}ia-Fact shall lave the power and authority, unless subsequently revoked and, in any cane, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Compmy to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Exautive Officer and sealed sad attested to by the Secretary of the Company. I, .Pau 1 D . Sims , an Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 sad that this Resolution is in full force and effect. I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attomry is in full force and effect and bas not been revoked. In Testimony Whereof, I have ereuoto set my hand sad the seal oft ITE STATES FIDELITY AND GUARANTY COMPANY on this ~~ day ~Y~ ......... ~ ~ IRaOMEa .................................... n 10Y6 ~ Assistant Secretary A1M~ Fs 3 ~1a92>