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HomeMy WebLinkAbout05-23-1996 Meeting• • LA PORTE AREA WATER AUTHORITY MINUTES May 23, 1996 The meeting was called to order at 8:15 am by President Jerry Bramlett. MEMBERS PRESENT: President Jerry Bramlett, Vice-President Rodney Etchberger, Secretary Al fields, and member Rob Roy. MEMBERS ABSENT: James Sweeton OTHERS PRESENT: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City Manager JeffLitchfield,,Public Works Director Steve Gillett, Assistant Public Works Director Buddy Jacobs, Carol Buttler, and John Dunn from the City of Houston. 2. Minutes from the regular meeting held January 23, 1996, were reviewed. Motion by AI Fields, second by Rodney Etchberger, to accept the minutes as written. Motion was unanimous. 3. Motion by Rob Roy, second by Rodney Etchberger to approve final payment of $15,650 to the City of Houston. Motion was unanimous. Construction of the railroad, as part of the Southeast Water Purification Plant (SEWPP) expansion, still remains. _+11% of the costs are to be spread among the participating entities. Steve Gillett asked the City of Houston to notify LPAWA of the anticipated costs for budgeting purposes. 4. John Joerns, representing the City of La Porte, discussed requests from industry for potable water service. Mr. Joerns updated Board members on the change in trends for current water service needs compared to original indications from industry and others outside the city limits. Mr. Joerns advised the Board that they may want to consider future capacity in relation to industry needs. 5. Mr. Herrera as General Manager of the Authority reviewed background information, updated Board members on current rates and the impact on the Authority, and related that actions of the Texas Water Development Board will affect options available to the Authority regarding any investment strategy. Motion by AI Fields, second by Rodney Etchberger authorizing the General Manager in conjunction with Bond Counsel Paul Martin to draft a letter to the Texas Water Development Board indicating the Authority's strong disappointment with the current debt refunding situation. Motion carried unanimously. Additional discussion involved the possibilities of informing state legislators of our concerns and introducing a bill to the legislature. 6. A. Steve Gillett distributed a response from the City of Houston regarding results of the bid process for operation of the SEWPP. The low bid of $16,370,715 for a five (5) year period is a $12,686,023 savings over the current $29;056,737 five (5) year contract. L~ LPAWA Retreat Minutes May 23, 1996 Page 2 • B. After completing a study of water needs, Galveston County Water Authority as the SEWPP's largest participant will notify the City of Houston if committed to the SEWPP expansion. C. Lowering the LPAWA transmission line for the extension of Space Center Blvd. near the SEWPP may impact the Authority financially. Steve Gillett will keep the Board informed. 7. The Authority needs to consider purchasing additional capacity at the SEWPP. The current 3-5 year projection could change to 5-7 years. Funds are available for future Capital Improvement Projects that complement LPAWA's goals and obje ~tives. Staff recommended the Board construct a plan to establish a Capital Reserve Fund based on the discussion and allow staffto formulate a 5-year plan. Steve Gillett presented the proposed budget and the costs to LPAWA clients. Board members advised adjusting the Contingency Account by $5,000 to allow enough funding in the Other Professional Services Account for possible financial or legal services. Motion by Ai Fields, second by Rodney Etchberger to adopt the proposed budget with modifications. Motion was unanimous. 9. Mr. John Dunn from the City of Houston was guest speaker to brief Board members on plans for expansion of the SEWPP. 10. There being no further business, President Jerry Bramlett adjourned the meeting at 11:57 am. Al Fields, Secretary/Treasurer PASSED AND APPRO ON THIS DAY 7//F~1'Lt.~. ~ ~ , 19 ` ~~ • i l~I~~TE~ STATES FI®EE~TY ANA GI~A~AI~ITY C®MPAI~[Y (A Stock Company) No.-____ KNOW ALL MEN BY THESE PRESENTS: That we, _....__.____. ~~STF.~__PI2f1L..-------_..---------_.____.__..~._------------_-- --..__. 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 --------CxF~TFR _.g~Q~_..___ ------------.._______---------------__-___ 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 August 26, 1996 _ (SEAL) Principal UNITED STATES FIDELITY AND GUARANTY COMPANY L.~. =__ _ Sherry Langnau Attornev~In-Fac Pub0144 (2-88) • ;~•• ~ . . STATES FIDELITY AND GUARANTY COMPANY No 6 2 4 6 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 lawn of tbe State of Maryland and hsvirrg its principal office at the City of Baltimore, in the State of Maryland, does bercby constitute and appoint Grady K. Strum, Sherry L. Langnau and SuEllen Landriault of the City of LaPorte ~ State of Texas its tote and lawful Attornry(s}ia-Fact, each in tbeir separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and aclmowledge any and all bonds, undertakings, contracts and other written inaltuments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the perforntance 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 tbe signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 19 92. ~ UNITED STATES FIDELITY AND GUARANTY COMPANY 1~~ (Signed) By.../...... .. ...................... m A• A,_ ~~ jv\ Senior Vice President "~1 (Sigced) By........ .~ ..................................... QAssistant Secretary STATE OF MARYLAND) ~-~"( ll~~ SS: BALTIMORE C1TY ) '~''/ On this 6th day of November ,A.D.19'~~"beforemepersooal Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND GU,b1rRANTY COMPANY ~-'Paul D . Sims , Assistant Secretary of said Company, with both of whom I am perso cquamted, who being v rally duly sworn, said, that tl-ry, the said Robert 1. Lamendola sad Paul D were respectively t r Vice President and the Assistant Secretary of tbe said UNITED STATES FIDELITY AND GU COMPANY, the n described in and h uted the foregoing Power of Attornry; that they each knew tbe seal of said corporation; thst~t~ie xed to said Pow o ey was such cotpo st it was so affixed by order of the Board of Directors of said corporation, and that they signed t names thereto by lik nior Vice Presidg,Qt a istant Secretary, respectively, of the Company. My Commission expires the 11th day in A v~~}+~_~.Y/l,~p 6 ,T/~ ~A~,p NOTARY PUBLIC Thin Power of Attorney is granted under and by a °~f the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septe 'I~, I992: RESOLVED, that in connection with the flljand surety insurance business of the Company, all bonds, undertakings, contracts sod other instruments relating to said 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 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 the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or sn Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under tbeir respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers sod the seal of the Company may be affixed by facsimile to any Power of Attornry or to any certificate relating thereto appointing Attorney(a}in-Fact for purposes only of executing sod attesting bonds sad undertakings and other writings obligatory in the 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 sod binding upon the Company with respect to any bond or undertsldng to which it is validly attached. RESOLVED, that Attornry(s}io-Fact shall have the power and authority, unless subsequently revoked sod, in any case, subject W 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 Company to any and all bonds and undertakings, sod other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys}in-Fact shall be ss binding upon the Company as if signed by so Executive Officer and sealed and attested to by the Secretary of the Company. I, Pau 1 D . Sims , an Assistant Secretary of the UNITED 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 thin Resolution is in full force and effect. I, tbe undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in Poll force and effect and has not been revoked. ,, p In Testimony Whereof, I have hereunto set mY hand and the seal oft TTE STATES FIDELITY AND GUARANTY COMPANY on this abT'"dsy .auroarm ............................................. ,~ ~ ~~ Assistant secretary FS 3 (10.92)