88B1- COMBINATION TAX AND JUNIOR LIEN WATERWORKS AND SEWER SYSTEM
ORDINANCE NO. '6~-B-J
AN ORDINANCE relating to the authorization
and issuance of replacement certificates of
obligation to be issued in lieu of "City of
Schertz, Texas, Combination Tax and Junior
Lien Waterworks and Sewer System Revenue
Certificates of Obligation, Series 1983",
dated May 1, 1983, numbered 134-145,
inclusive, all in accordance with the
provisions of Texas Revised Civil Statutes
Annotated Article 7l5a, as amended; and
providing further recitals incident and
related to said certificates of obligation
and other purposes of this ordinance; and
declaring an emergency.
* * * * * * * * * * * * * * * * * * *
WHEREAS, the City of Schertz, Texas (the City), has
been notified by The Frost National Bank of San Antonio, San
Antonio, Texas (the Bank) , tha t the fa llowing desc ribed
certificates of obligation of the City have been lost,
misplaced or destroyed, to wit:
"CITY OF SCHERTZ, TEXAS, COMBINATION TAX AND
JUNIOR LIEN WATERWORKS AND SEWER SYSTEM
REVENUE CERTIFICATES OF OBLIGATION, SERIES
1983", dated May 1, 1983, being certificates
numbered 134-145, inclusive, in the
denomination of $5,000 each, scheduled to
mature on May 1, 1998 and bearing interest
at the rate of 9.10% per annum,
and reguested that replacement certificates of obligation be
issued in lieu thereof; and
WHEREAS, submitted with such notification and request
is a sworn affidavit, executed by Lynda McGoldrick, Assistant
Vice President of The Frost National Bank of San Antonio, San
Antonio, Texas, attesting that the above described certificates
of obligation disappeared from the Bank' s premises located at
100 West Houston Street, San Antonio, Texas 78205 on or about
June 5, 1987; said certificates of obligation cannot be found
and said certificates of obligation have not been sold,
assigned, endorsed, transferred or otherwise disposed of in any
manner by or on behalf of the Bank; and
WHEREAS, the City has also received an indemnity bond
from the Bank, as Principal, and Aetna Life and Casualty
Company, as Surety, agreeing to indemnify and save harmless the
City of Schertz, Texas, and Schertz Bank & Trust, Schertz,
Texas (the Paying Agent),from and against any and all costs,
actions, sui ts, damages, charges or expenses by reason of the
above described lost, mislaid or destroyed certificates of
obligation or the issuance of replacement certificates of
Obligation in lieu thereof; and
WHEREAS, the City Council hereby finds and determines
that the above referred to instruments and other showings
provide protection to the City against expenses or liability
resulting from the issuance of the replacement certificates of
obligation and such request for the issuance of the replacement
certificates of obligation in lieu of the above described
certificates of obligation should be granted; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION 1: That, in lieu of and as replacement for
the lost, misplaced or destroyed "CITY OF SCHERTZ, TEXAS,
COMBINATION TAX AND JUNIOR LIEN WATERWORKS AND SEWER SYSTEM
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1983", described in
the preamble hereof, there shall be and there is hereby
authorized to be issued twelve (12) replacement certificates of
Obligation pursuant to authority conferred by and in accordance
with the laws of the State of Texas, particularly Texas Revised
Civil Statutes Annotated Article 7l5a, as amended.
SECTION 2: The replacement certificates of
obligation herein authorized to be issued shall be numbered
134-145, inclusive, shall be dated May 1, 1983, in the
denomination of $5,000 each, shall bear interest at the rate of
9.10% per annum, shall mature May 1, 1998, and be optional for
redemption in the same manner as the certificates of obligation
which they are being issued to replace and shall otherwise
conform and be subject to all provisions of the ordinance
passed and adopted on May 3, 1983 authorizing the issuance of
such original certificates of obligation.
SECTION 3: The form of the certificates of
Obligation, including the form of interest coupons to be
attached thereto, and the form of registration certificate of
the Comptroller of Public Accounts to be printed thereon, shall
be, respectively, substantially as follows:
-2-
40 I J [
[Form of Certificate]
NO. R-
$5,000
CUSIP NO. 806645CGO
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF GUADALUPE, BEXAR AND COMAL
CITY OF SCHERTZ, TEXAS,
COMBINATION TAX AND JUNIOR LIEN WATERWORKS AND SEWER SYSTEM
REVENUE CERTIFICATE OF OBLIGATION
SERIES 1983
* * * * * * * * * * * * * *
Schertz,
existing
RECEIVED,
to pay to
KNOW ALL MEN BY THESE PRESENTS: Tha t the Ci ty 0 f
Texas, a municipal corporation duly incorporated and
under the laws of the State of Texas, FOR VALUE
acknowledges itself indebted to and hereby promises
bearer
FIVE THOUSAND DOLLARS
($5,000), in lawful money of the United States of America, on
the 1st day of May, 1998, with interest thereon from the date
hereof at the rate of NINE AND ONE-TENTH PERCENT (9.10%) per
annum, said interest being payable on May 1, 1984, and
semiannually thereafter on November 1 and May 1 of each year,
upon presentation and surrender of certificate or properly
annexed interest coupon as they severally mature.
BOTH PRINCIPAL OF AND INTEREST ON this certificate are
hereby made payable without exchange or collection charges to
the holder, at Schertz Bank & Trust, Schertz, Texas, and for
the prompt payment of the interest on this certificate and the
principal thereof at maturity, the full faith, credit and
resources of the City of Schertz, Texas, are hereby irrevocably
pledged.
THIS CERTIFICATE is one of a series of certificates,
numbered consecutively from One (1) to Two Hundred Fifty (250),
both inclusive, in the denomination of Five Thousand Dollars
($5,000) each, aggregating the principal sum of One Million Two
Hundred Fifty Thousand Dollars ($1,250,000), issued for the
purpose of obtaining funds to pay contractual obligations to be
incurred in constructing certain improvements and extensions to
the City's combined Waterworks and Sanitary Sewer Systems, in
and under strict conformity with the Constitution and laws of
the State of Texas, particularly Articles 823, 1175, Articles
1111 to 1118, inclusive, and Article 2368a.l, Texas Revised
civil Statutes, and in accordance with an ordinance duly passed
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40 t J E
by the City Council of
ordinance is of record in
Certificate Ordinance).
the City of Schertz, Texas, which
the minutes of said Ci ty Counci 1 (the
THE DATE of this certificate, in conformity with the
ordinance above referred to, is May 1, 1983.
AS SPECIFIED in the ordinance hereinabove mentioned,
the City reserves the right to redeem the bonds of said series
maturing on May 1, 1998 and subsequent, in whole or in part
(but in inverse numerical order if less than all), on May 1,
1997, or on any interest payment date thereafter, at the price
of par and accrued interest to the date of redemption;
PROVIDED, HOWEVER, that at least thirty (30) days notice of
redemption, signed by the city Secretary (specifying the serial
numbers and amount of certificates to be redeemed), shall have
been filed wi th Schertz Bank & Trus t, Schertz, Texas; and if
the City shall have made available by the date of redemption
funds in amounts sufficient to pay the certificates to be
redeemed and accrued interest thereon, any certificate or
certificates not presented for redemption pursuant to such
notice shall cease to bear interest from and after the date so
fixed for redemption.
THIS CERTIFICATE and the series of which it is a part
are payable from a levy of ad valorem taxes upon all taxable
property in the City, and are further payable from and secured
by a lien on and pledge of certain net revenues derived from
the operation of the City's combined Waterworks and Sanitary
Sewer Systems (after first making all payments required by the
ordinances authorizing the issuance of the outstanding First
Lien Bonds, all as more particularly described in the
Certificate Ordinance and in the Ordinances authorizing the
issuance of the First Lien Bonds).
THE CITY, however, expressly reserves the right to
issue additional obligations on a parity with and payable
wholly or in part from the same revenues as the aforesaid First
Lien Bonds and further reserves the right to issue additional
obligations on a parity with certificates of this series and
payable from the same source or sources of net revenues and/or
taxes securing the payment of this certificate and the series
of which it is a part; provided, however, that any and all such
additional Obligations may be issued only in accordance with
and subject to the covenants, conditions, liens and
restrictions relative thereto, which are set out in the
ordinances authorizing the issuance of said First Lien Bonds
and/or Certificate Ordinance; to which ordinances reference is
hereby made for more complete and full particulars.
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40 I J E
IT IS HEREBY CERTIFIED AND RECITED that the issuance
of this certificate, and the series of which it is a part, is
duly authorized by law; that all acts, conditions and things
required to be done precedent to and in the issuance of this
series of certificates of obligation, and of this certificate,
have been properly done and performed, and have happened in
regular and due time, form and manner as required by law; that
sufficient and proper provision for the levying and collection
of taxes has been made, which taxes, when collected, shall be
appropriated exclusively to the payment of this certificate and
to the payment of the interest coupons thereto annexed as the
same shall become due; that further provision for the payment
of the interest on this certificate and the series of which it
is a part has been made by irrevocably pledging the above
mentioned net revenues; and that the total indebtedness of said
series of which it is a part, does not exceed any
Constitutional or statutory limitation.
IN TESTIMONY WHEREOF, the City of Schertz, by its City
Council, has caused a facsimile of the seal of the City to be
imprinted hereon, and this certificate to be executed by
imprinting hereon the facsimile signature of the Mayor and
counters igned by impr inting hereon the f acs imi Ie signa ture of
the City Secretary and the interest coupons hereto attached to
be executed by the imprinted facsimile signatures of said Mayor
and City Secretary (all in accordance with the provisions of
Article 717j-1, Revised Civil Statutes of Texas, as amended),
as of the date of this certificate, the 1ST DAY OF MAY, 1983.
Mayor,
City of Schertz, Texas
COUNTERSIGNED:
City Secretary,
City of Schertz, Texas
[Form of Interest Coupons]
NO.
$
ON THE FIRST DAY OF unless the
certificates to which this coupon appertains has been redeemed
in accordance with its terms, the City of Schertz, Texas,
hereby promises to pay to bearer, out of funds specified in the
certificate to which this coupon is attached, the amount shown
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hereon in lawful money of the United States of America, upon
presentation and surrender of this coupon, at Schertz Bank &.
Trust, Schertz, Texas, without exchange or collection charges,
such amount being interest due on such date on "City of
Schertz, Texas, Combination Tax and Junior Lien Waterworks and
Sewer System Revenue Certificates of Obligation, Series 1983",
dated May 1, 1983, Certificate No.
Mayor
City Secretary
[Form of Registration Certificate of the
Comptroller of Public Accounts]
STATE OF TEXAS
5
5
5
REGISTER NO. R-
OFFICE OF THE COMPTROLLER
I HEREBY CERTIFY that there is on file and of record
in my office a certificate of the Attorney General of the State
of Texas to the effect that this certificate has been examined
by him as required by law and that he finds that it has been
issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding Obligation
of the City of Schertz, Texas, payable from ad valorem taxes
and the revenues pledged to its payment by and in the ordinance
authorizing same, and said certificates has this day been
registered by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
this
Comptroller of Public Accounts
of the State of Texas
SECTION 4: On the reverse side of said replacement
certificates of Obligation there shall be printed a true and
correct copy of the final opinion of Messrs. Dumas, Huguenin,
Boothman &. Morrow, Attorneys at Law, approving such
certificates of obligation as to their validity, all in like
manner and effect as was done with regard to the certificates
of obligation being replaced.
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4 0 1 J E
SECTION 5:
obligation shall
The replacement certificates of
have attached interest coupons due
and subsequent in the same manner as the
original certificates of obligation and the owner of such
replacement certificates of obligation may present all coupons
to the paying agent for payment as due.
SECTION 6: The certificates of obligation and
interest coupons appurtenant thereto shall be executed by the
imprinted facsimile signatures of the Mayor and City Secretary
at the time of issuance of the replacement certificates of
obligation.
SECTION 7: The replacement certificates of
obligation and the proceedings relating to their issuance shall
be submitted to the Attorney General of Texas for his approval,
and after he has approved them the certificates of obligation
shall be transmitted to the Comptroller of Public Accounts for
registration. The replacement certificates of obligation shall
be registered by the Comptroller of Public Accounts in the same
manner as the original certificates of obligation were
registered, giving them the same registration number as the
original certificates of obligation except that such number
shall be preceded by the letter "R", as noted above, and said
Comptroller shall date his registration certificate as of the
date of registration of the replacement certificates of
obligation.
SECTION 8: Upon registration, such replacement
certificates of obligation shall be delivered to the Paying
Agent for further handling in accordance with instructions of
the owner of such certificates of obligation.
SECTION 9: All ordinances, orders or resolutions, or
parts thereof. which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent
of such conflict and the provisions of this ordinance shall be
and remain controlling as to the matters contained herein.
SECTION 10: This ordinance
enforced in accordance with the laws
the United States of America.
shall be construed
of the State of Texas
and
and
SECTION 11: If any provision of this ordinance or the
applica tion thereof to any ci rcums tance sha 11 be he Id to be
invalid, the remainder of this ordinance and the application
thereof to other circumstances shall nevertheless be valid, and
this governing body hereby declares that this ordinance would
have been enacted without such invalid provision.
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40 1 J E
SECTION l2: That the recitals contained In the
preamble to this Ordinance are hereby found to be true, and
such recitals are hereby made a part of this ordinance for all
purposes and are adopted as a part of the judgment and findings
of the City Council of the City of Schertz, Texas.
SECTION 13: It is officially found, determined, and
declared that the meeting at which this Ordinance is adopted
was open to the public and public notice of the time, place,
and subject matter of the public business to be considered at
such meeting, including this Ordinance, was given, all as
required by Texas Revised Civil Statutes Annotated,
Article 6252-17, as amended.
SECTION 14: By reason of the urgent necessity to
issue the replacement certificates of obligation as soon as
possible to enable the City to properly account for all
currently outstanding indebtedness, an emergency is hereby
declared to exist making it necessary to the preservation of
the public peace, property, health and safety that this
ordinance become effective immediately upon its passage, and it
is so enacted.
-d.-
PASSED AND ADOPTED, this the'~ day of January, 1988.
ATTEST:
~4h",~~
CITY OF SCHERTZ,
(CITY SEAL)
-8-
40 I J E
RAUSCHER PIERCE REFSNES.INC.
December 31,1987
MI. Jimmy G. Gilmore
City Manager
City of Schertz
Post Office Drawer I
Schertz, Texas 78154
Re: $60,000
CITY OF SCHERTZ. TEXAS
Combination Tax and JI. Lien Waterworks and Sewer System Revenue
Certificates of Obligation. Series 1983
Dated May 1, 1983;
9.10% Due May 1, 1998
Bond Numbers 134-145 Inclusive;
Denomination - $5.000
Cusip Number - 806645CGO
Dear Jimmy:
In accordance with our telephone conversation yesterday, please find enclosed
herewith the following proceedings:
1. Ordinance relating to the authorization and issuance of replacement
Certificates of ObligatIOn - 6 copies. Please have the Mayor and City
Secretary sign all copies of the Ordinance on page 8 and impress each with
the City's seal. Retain one copy for the City's files and return five executed
copies to us.
2. Certificate of City Secretary pertaining to the above Ordinance - 6
copies. Please complete all requested information on page 1 and 2 and have
the City Secretary sign on page 2 and impress each with the City's seal.
Retain one copy for the City's files and return five executed copies to us.
We are also enclosing a copy of the Affidavit of Loss and Lost Securities Bond,
signed by Ms. Lynda McGoldrick, Assistant Vice President of Frost National Bank,
for your files.
We are forwarding a copy of this letter. along with a copy of the Ordinance,
Certificate of City Secretary, Lost Securities Bond and Affidavit of Loss to Mr. Roy
Richard. JI. for the Bank's files.
1600 InterFirst Plaza, 300 Convent Street. San Antonio, Texas 78205 . (512) 225-6611
Member New York Stock Exchan.ge, Inc.
Mr. Jimmy G. Gilmore
December 31, 1987
Page 2
If you have any questions or require additional information. please do not hesitate
to call me, and with kind personal regards and best wishes, I remain.
~IY,
(~I;
Thomas M'.:1<\D.derlitch
Vice President
TMNrgj
Enclosures
cc: Mr. Roy Richard. Jr.
Attorney at Law
c/o Schertz State Bank
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
CITY OF SCHERTZ
~
~
~
~
~
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~
COUNTIES OF GUADALUPE,
BEXAR AND COMAL
I, the undersigned, City Secretary of the City of
Schertz, Texas (the City), DO HEREBY CERTIFY as follows:
1. That on the 5th day of January, 1988, the City
Counci 1 of the City of Schertz, Texas, convened in a regular
session at its regular meeting place in the City Hall of said
City; the duly constituted members of the City Council being as
follows:
Earl W. Sawyer
Ken Greenwald
Charles B. Sharpe
Hal Baldwin
Raymond Stanhope
Adolph Aguilar
Mayor
Mayor Pro-Tern
Councilmember
Councilmember
Councilmember
Councilmember
and all of said persons were present at said meeting, except
the following: /I/o lYE ,
thus constituting a quorum. Additionally, the City Manager
Mr. Jimmy Gilmore, and the City Secretary, Ms. June Krause were
also in attendance. Among other business considered at said
meeting, the attached ordinance (the Ordinance) entitled:
AN ORDINANCE relating to the authorization
and issuance of replacement certificates of
obligation to be issued in lieu of "City of
Schertz, Texas, Combination Tax and Junior
Lien Waterworks and Sewer System Revenue
Certificates of Obligation, Series 1983",
dated May 1, 1983, numbered 134-145,
inclusive, all in accordance with the
provisions of Texas Revised Civil Statutes
Annotated Article 715a, as amended; and
providing further recitals incident and
related to said certificates of obligation
and other purposes of this ordinance; and
declaring an emergency.
was introduced and subrni tted to
and adoption. After presentation
Ordinance, a motion was made by
the City
and due
/-<(;. h
Counc i 1 f or pas sage
consideration of the
rTRef>J!wfrIJ
that the Ordinance
was seconded by
following vote:
,h voted "FOR"
be finally passed and adopted. The motion
HttL- Af/i.A,,);/I/ and carried by the
0'
voted "AGAINST"
c
Abstained
all as shown in the official Minutes of the City Council for
the meeting held on the aforesaid date.
2. That the attached Ordinance is a true and correct
copy of the original on file in the official records of the
City; the duly qualified and acting members of the City Council
of said City on the date of the aforesaid meeting are those
persons shown above and, according to the records of my office,
each member of the City Council was given actual notice of the
time, place and purpose of the meeting and had actual notice
that the matter would be considered; and that said meeting, and
deliberation of the aforesaid public business, including the
subject of the entitled Ordinance, was posted and given in
advance thereof in compliance with the provisions of Texas
Revised Civil Statutes Annotated Article 6252-17, as amended.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said City, this the 5th day
of January, 1988.
City Secr ary
ity of Schertz, Texas
_.4;!~,Q..V_____
(SEAL)
2462k
-2-
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AFFIDAVIT OF LOSS
STATE OF TEXAS
5
5
5
COUNTY OF BEXAR
The undersigned, Lynda McGoldrick, Assistant Vice
President of The Frost National Bank of San Antonio, 100 West
Houston Street, San Antonio, Texas 78205, being duly sworn,
deposes and says that she is the lawful owner of or is acting
in a representative or fiduciary capacity with respect to
certain securities more particularly described as follows:
"City of Schertz, Texas, Combination Tax and Junior Lien
Waterworks and Sewer System Revenue Certificates of Obligation,
Series 1983, dated May 1, 1983, being certificates numbered
134-145, inclusive, in the denomination of $5,000 each,
aggregating $60,000 in principal amount (the "Securities").
That the Securities were not endorsed. That neither
the Securities nor the right of The Frost National Bank of San
Antonio, Texas in the Securities have, in whole or in part,
been sold, assigned, endorsed, transferred, hypothecated,
pledged or otherwise disposed of, or any interest therein, in
any manner whatsoever; that on or about the 5th day of June,
1987, the Securities were lost on the premises of The Frost
National Bank of San Antonio, San Antonio, Texas; that she has
made due and diligent search for the Securities but has not
found same, and that this affidavit is made for the purpose of
securing a bond of indemnity in favor of the City of Schertz,
Texas, the issuer of such securities and Schertz Bank and
Trust, Schertz, Texas, the Paying Agent for such securities,
for the issuance of new or duplicate securities in lieu of
those alleged to have been lost or destroyed, or to pay the
value thereof, the deponent hereby agreeing immediately to
surrender the original securities to the said Paying Agent or
the company executing said bond should such original securities
at any time hereafter come into the possession or control of
the deponent.
It is understood that the term "Securities" mentioned
herein shall mean one or more particular instrument or document
as above described.
Subscribed and sworn to before me this 30-11\ day of
December, 1987.
~(tOJ /'Y'K;8oJf!^"-"- ~
Lynda McGoldric
.
THE STATE OF TEXAS 5
~
COUNTY OF BEXAR 5
BEFORE ME, the undersigned authority, on this day
personally appeared Ms. Lynda McGoldrick, Assistant vice
President of The Frost National Bank of San Antonio, San
Antonio, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that she had executed the same for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
day of December, 1987.
,@
this the ~-
JJ j) ~. j"
U. jl).I!.UJ-/ 'tt .t!.a.-J
Notary Public in and for
The State of Texas
DEGC1~ S;:/\L3
Notary Public, State Of Texas.
(/(j- w~.m0Jtfi7U ;:YF,iA;;-)
117!t),
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---..-----.'"-------...--T'---...--------
..
~
lOST
SECURITIES
BOND
-
THE )ETNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
lIFE&CASUALTY
KNOW ALL MEN BY THESE PRESENTS. That we
Frost National Dank
San Antonio, Texas
as Frincipal(s) (hereinafter called "Principal"), and THE IETNA CASUALTY AND SURETY COMPANY, a
Connecticut corporation, duly authorized to transact the business of indemnity and Suretyship in the State
of TeXas , as Surety (hereinafter called "Surety"). are held and firmly bound unto
CITY OF SCHERTZ, TEXAS
SCHERTZ BANK 0< TRUST OF SCHERTZ, TEXAS
its successors and ass igns, as theirrespective interests may appear (hereinafter called "Obi igee"), in the sum of
ONE HUNDRED TIlENTY THOUSAND SIXTY AND NO/100 - - ($ 120 060,00 _ _ _ ) Dollars ,
lawful money of the United States of America, to be paid to the Obligee or {he legal representatives of said
Obligee; for which payment. well and truly to be made, the said Principal binds himself (themselves,itself),
his (their, its) heirs, executors, administrators. successors, and assigns, and said Surety binds itself. its
successors amd assigns, jointly and severally, finnly by these presents.
SEALED with our seals this
day of
29th
September
.1907 .
WHEREAS, the aforesaid Principal is the owner of
CITY OF SCHERTZ, TEXAS Combination Tax and Jr. Lien Ilaterworks anel Se"Jer System
Revenue Certificates of Obligation, Series 1~)83, Dated Hay 1, 1983, 9.10J:,
Due Hay' I, 1998, Bond Numbers 134-145 Inclusive, Denomination - $5,000
Cusip Number - 806645CGO
and has lost, mislaid or destroyed said instrument or instruments. so that the same cannot be found or
produced; and
WHEREAS, the Obligee has agreed with the Principal upon the security of this Bond of Indemnity to dupl icate
said in~trument or instruments so lost, mislaid or destroyed, or to pay to said Principal or credit to said
Principal's account the value thereof.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Obligee shall issue or cause
to be issued to the Principal or Principal's order new or duplicate instrument or Instruments in place of the
aforementioned lost. mi sl aid or destroyed instrument. or instruments, or if the Obligee shall pay to Principal
or credit to Principal's account the value thereof; and if the Principal, the heirs, executors,administrators,
successors, or assigns of said Principal, or any of them, shall. in case such lost, mislaid or destroyed
instrument, or instruments, be found or come into the hands or power of any of them, or into the hands, custody or
power of any other person or persons, deliver or cause the same to be delivered unto the Obligee in order
to be canceled; and also shall at all times indemnify and save harmless the Obligee from and against any
and all costs. actions, suits, damages. charges, or expenses. by reason of said lost. mislaid or destroyed
instrument or instruments, or the issuance of other or others in lieu thereof, or the paying or crediting as
aforesaid of the value thereof without the surrender of said instrument or instruments, then this obligation
to be void; otherwise to remain in full force and virtue.
Fr~ Na ti onal Bank (SEAL)
BY: [/w,tNJO,--, ~1!1~ A(Xd~LU\ (;>EAL)
(SEAL)
THE IETNA CASUALTY AND SURETY CO PANY
By
Fixed Penalty
(S-11n-N) 5-72
CAT. 269069
PRINTED IN U.S.A.
.
- III
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~ II
.
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II
State of
County of
On this
}ss.
I
Texas
Bexar
29th
day of
,1987 ,before me personally appeared
September
Trav:ts n. Bailey. Jr.
to me known, who, being by me duly sworn, did depose and say: That he resides in San Antonio
Texas ; that he is an Attornily"In-Fact of THE A:TNA CASUALTY AND SURETY
COMPANY, the corporation described in and which executed the within instrument; that he knows the
corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and
that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board
of Directors of said corporation and by authority of his office J~er the Standing Res~l~tions th,;reof.
My commission expires 7-/1 ,19fi.?:/tY d",_. '7-- -'_':'),(1/." -c.:, L
Notary Publ ic
State of
County of
On this
}ss.
day of
. 19
, before me personally appeared
to me known and known to me to be the individual described in and who executed the within Bond, and he
acknowledged to me that he executed the same.
State of TI2. III 50 }
County of 8e -I-Q. r ss.
On this / q day of Oa.-hber
I... v.hck. l11e Ibo/df'/'ck.
to me known and known to me to be one of the firm
fro~ flJo.. t-,' M cd 13a-1t L
described in and who executed the foregoing instrument.and
executed the same as and for the act and deed of said firm.
.19 8'7. before me personally appeared
he thereupon acknowl edged to me that he
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, before me personall y appeared
State of
County of
On this
}ss.
day of
, 19
to me known. who, being by me duly sworn. did depose and say: That he resides in
; that he is the Presi dent of
the corporation described in and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order
of the Board of Directors and authority of the By-Laws of said corporation. and that he signed his name
thereto by Ii ke order.
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THE .4ETNA CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06115
LIFE & CASUALTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW All MEN BY THESE PRESENTS, THAT THE .ETNA CASUAL TV AND SUReTY COMFANY, a corporation duly organized under the laws of the
State of Connecticut. and hil"ing its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and
appointed,and does by these oresents make, constih.Jteand appo int Travis D. Bailey, Jr., Michael E. Smith or
Herbert Krause, Jr. - -
of S an An tonio, Texas ' its true and lawful Attorney(s)-in-Fact, with full power and authority hereby c_onferred
to sign, execute and aclmowledge, at any place within the United States, Of, if the following line be filled in, within the area there desig-
nated ' the following instrument(s):
by hisfher sole signature and act. any and all bonds. recognizances. contracts of indemnity. and other writings obligatory in the nature of a bond.
recognizance. or conditional undertaking. and .any and all consents incidents thereto
8nd to bind THE JETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the S9me extent as if the same were signed by the duly
8uthorized officers of THE A:TNA CASUALTY AND SURETY COMPANY. and all the acts of said Attorney(sHn-Fact. pursuant to the authority herein
given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force
and effect:
VOTED: That each of the following officNs: Chairman. Vice Chairman, President. Any Executive Vice President, Any Senior Vice President. AnyVice
President. Any Assistant Vice President, Any Secretary. Any Assistant Secretary, may from time to time appoint Resident Vice Presidents. Resident
Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his
certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of
indemnity. and olher writings obligatory in the nature of a bond. recognizance, or conditi"mal undertaking. and any of said officers or the Board of
Directors may at any lime remove any such appointee and revoke the power and authority given him.
VOTED: That any bond. recognizance. contract of indemnity. or writing obligatory in the nature of a bond, recognizance. or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the Chairman. the Vice Chairman, the President, an Executive Vice President. a
Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President. pursuant to the power prescribed in the
certificate of authority of such Resident Vice President. and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary
or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (bl duly
executed (under seal. if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of
authority .
This Power of Attorney and Certificate of Authority is signed and seared by facsimile under and by authority of the following Standing Resolution
voted by the Board of Directors of THE IETNA CASUAL TV AND SURETY COMPANY which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman. Vice Chairman, President, Any Executive Vice President. Any Senior Vice
President, Any Vice President. Any Assistant Vice President, Any Secretary, Any Assistant Secretary. and the seal of the Company may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and 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 in the future with
..espect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, THE JETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
Vice President ,and its corporate seal to be hereto affixed this 4th
deyof Apri 1 . 19 80
Assistant
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THE
JETNA
CASUALTY
AND
SURETY
COMPANY
By
K~I?; ~J1-'
.,
Assis ant
Vice President
,State of Connecticut I
ss.
County of Hartford
Hartford
On this 4 th deyof Apri 1 ,19 80 , before me personally came R. T. RIPPE
to me known, who. being by me duly sworn. did depose and say: that he/she is Assi stant Vice President of
THE ,ETNA CASUAL TV AND SURETY COMPANY. the corporation described in and which executed the above instrument; that he/she knows the
s8alof said corporation: that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf
of th8 corporation by authority of his/her office under the Standing Resolutions ttlereof.
,
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r
CERTIFICATE
I, the undersigned. Sec re tary of THE ..ETNA CASUAL TV AND SURETY COMPANY. a stock corporation of the
State of Connecticut, DO HEREBY CEATIFY thai the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and
has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors. as set forth in the Certificate of Authority, are now
.i:I~:: and Seeled at tha Hom~90ffica of tha Company, In tha ~.~:'., of Hartford, Sta.toconnecltcut Dat~J qT~' day of
.:5etP~"'n./re.,. . '('( ,../.. """;;;~.., ~
:" H.o.AHORIl ~: By ~ ,
H CON" 81
\~ '.. .// Secretary
'....:.....",:,.'.' PRINTED IN U.S.A.
(5-1ll22.E) (M) 3-79