Loading...
R-79-193 - 3/8/1979. THE STATE OF TEXAS COUNTY OF DALLAS BOND FOR INCREASED RATES DURING SUSPENSION X KNOW ALL MEN BY THESE PRESENTS: IN WITNESS WHEREOF, we affix our signatures on this February , 1979. THAT WE, Lone Star Gas Company, a Division of ENSERCH CORPORATION, of Dallas, County of Dallas, in the State of Texas; as Principal, and NATIONAL SURETY CORPORATION , as Surety, are each held and firmly bound jointly and severally unto the City of Round Rock, Texas, in the sum of $15,000 for the use and benefit of any party who does not receive a credit against his future gas bill as provided by Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, for which payment we bind ourselves, our successors and assigns. The Principal proposes to put into effect a change of rates and is required by the provisions of Section 43(e) of Article 1446c, Revised Civil Statutes of Texas to furnish a bond on the terms and conditions set forth in such statute. The condition of this obligation is such that if the Principal faithfully conforms to and abides by the provisions of Section 43(e) of Article 1446c, Revised Civil Statutes, and if the Principal faithfully credits the amounts collected by Principal from residential and commercial customers during the suspension period in excess of the rates finally ordered, plus interest of nine percent (9 %) per annum, then this obligation shall be null and void; other- wise, it shall be in full force and effect. This bond is intended to comply with the requirements of Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, and in accordance with the provisions and requirements of that statute, it is expressly provided that: Credits will be applied against future bills for the amount collected during the period of suspension in excess of the rates finally ordered, plus interest. Any right to a credit shall be limited to that period of time during which the Principal collected increased rates pursuant to Section 43(e) of Article 1446c, Revised Civil Statutes of Texas. LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION By .,.� NATIONAL SURETY CORPORATION By (Surety) 26th day of By Dorothy Va Attorney -in -Fact Approved this /4 day of 710Voll , 1915. , GENERAL MOWER OF ATTORNEY NATIONAL SURETY CORPORATION KNOW Al.!, MEN BY I IIESF. PRF'SEN'lS. I hat NATIONAL. SURF, re CORPORATION... Corporanon duly organized and existing under the laws of the Slade of Illinois. and having Its Home Office In the City of Chicago. Illinois. has made. constuuted and appointed. and does by these presents make. constitute and appoint H. A. GIBSON, JOE BRUCE, ROBERT D. WHITE, W. LAWRENCE BROWN, JANICE G. CORREY and DOROTHY VALEK jointly or severally DALLAS TX Its true ant lawful Attorneys) -m -Fact. with full power and authority hereby conferred in its name, place and stead. to execute. seal. acknowledge and deliver any and all bonds. undertakings, reeogturances or other written obligations in the nature thereof and to hind the Corporation thereby as fully and to the same extent as if such honds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by Its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in -Fact may do in the premises This power of attorney is granted pursuant to Article VIII, Section 29 and 311 of By -laws of NATIONAL SURETY CORPORATION now in full force and effect Arude VIII, Apinn nmenl and Aulhnrnl of Ra d. Annlnnt S., nlnnm, and Annnln-in 1 di r and teeny n. at tape Legal IYo.to a Mote a,na,anne. liinon!'I Appmnlmem The ( batman of the Hoard of Dntctnr. Olt rre.,Jent any Vet. Ihc.alent or any other ptr.on . 1, the Hoard of fxrecrors the Chmrman of the Board of Ihrettor. tin Ihe.Wem or any Volt Pr...Aro may Priam nine to amt appoint Heoaent A..i.tant Srttet uo. amt Attorney.on rats to represent and act fn. and on behalf of the Company and Agent. to,nttpt legal prwt.. and make appearance. for and on behalf of the C ompany StAtion 111 AwIronl, he ',thorny of on h groan! A..ntanl Sr..., Attorney. In last, and Agent..hallM,,.pre.tnbcd an the tn.irumentevdenung their appo intment, tint' any suoh ,mpmntmltni and all authority granted thcrthy may In revoked at any nmr by the Board or nnatn'r. or by any R,.nn Empowered to make anluoniment -' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL SURETY CORPORATION at a meeting duly called and held on the 71h day of September, 1972, and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice- President. Assistant Secretary, and Resident Assistant Secretary of This Corporation. and the seal of this Corporation may Inc affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile, and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation " IN WITNESS WHEREDI>, NATIONAL SURETY CORPORATION has caused these presents to he signed by its Vice- President, and its corporate seal to he hereunto affixed this 1 8 th day of STATE OF CALIFORNIA, ('ITY AND COUNTY OF SAN FRANCISCO On this 8thday of Ih(7 y 19 7H before me personally carne William W. Lauber to me known, who. being by me duly sworn, did depose and say that he is Vice- President of NATIONAL SURE fY CORPORATION, the Corporation described In and which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board 'of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above csrllten. 360711 IHOI — NS - 3.76 OFFICIAL SLAL SUSIE K. GILBERT E NOTARY PUBLIC - CALIFORNIA CRY II COUNTY OF SAN FRANCISCO 5 My Commission Expires Nov. 17. 1980 STATE OF CALIFORNIA, C'll'Y AND COUNTY OF SAN FRANCISCO By CERTIFICATE Signed and sealed at the City and County of San Francisco. Dated the 26 t1240y of July NATIONAI. SURE 1 Y CORPORATION Voe Preodenl Notary Public the undersigned. Assistant Secretary of NATIONAL SURETY CORPORATION. an ILLINOIS Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article Vlll. Sections 29 and 311 of the By -laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. February 19 79. THE CITY OF ROUND ROCK 214 E. Main St. • AC 512 - 255 -3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" /pze sta/ubaaL A L6J - L5 , 7J 1 g 3 THE CITY OF ROUND ROCK 214 E. Main St. • AC 512 - 255 -3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" J 1 7 11 4 -/Iae/dd, ,b-eJ fgaetd 0)f apaa- B. B. SMITH Local Manager Honorable Mayor and City Counoil City of Round Rock Round Rock, Texas Gentlemen: BBS/kb Attachment (1) Bond Form Lone Star Gas Company P O Box 209 • Georgetown, Texas 78626 February 12, 1979 In connection with the Statement of Intent to increase gas rates in the City of Round Rock, which was filed on October 23, 1978, we are herewith filing a copy of proposed bonding form for council's approval as to form and amount. As you are aware, Section 13(e) of the Texas Publio Utility Reg- ulatory Act provides for the implementation of rats, under bond, should the city's review process require longer than 90 days from the effective date specified in the Statement of Intent. Therefore, it is requested that, at your earliest convenience, you approve the form of the bond, the amount and the surety in order that Lone Star Gas Company and tho City of Round Rocs may be in oomplianco with the law. As your local manager for Lone Star Gas Company, let me assure you that I stand ready to assist in every possible way as you go about the task of evaluating this proposal. If any additional information is desired, please honor mo with your roquest. Respectfully, 6,e. B. B. Smith Manager THAT WE, Lone Star Gas Company, a Division of ENSERCH CORPORATION, of Dallas, County of Dallas, in the State of Texas, as Principal, and (see attachment) >r ", as Surety, are each held and firmly bound jointly and severally unto the City of Round Rook , Texas, in the sum of $15.000.00 for the use and benefit of any party who does not receive a credit against his future gas bill as provided by Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, for which payment we bind ourselves, . our suc'cessors and assigns. - The Principal proposes to put into effect a change of rates and is required by the provisions of Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, to furnish a bond on the terms and conditions.set_ forth in such statute. The condition of this obligation is such that if the Principal faithfully co to and abides by the provisions of Section . . 43(e) of Article'14466, Revised Civil Statutes, the Principal•faith- fully credits the amounts collected by Principal from residential and commer- cial customers during tilt suspension period in excess of the.rates finally • ordered, plus interest of nine percent (9 %) per•annum, then this obligation shall be null and void; otherwise, it shall be in full force and effect. This bond is intended to comply with the requirements of Section 43(e) of A rticle 1446c, Revised Civil Statutes of Texas, and in accordance with the provisions and requirements of that statute, it is expressly pro- vided that: - THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: _ COUNTY OF DALLAS 1 Credits will be applied against future bills for the amount collected during the period of suspension in excess of the rates finally ordered, plus interest. Any right to a credit shall be limited to that period of time during which the Principal collected increased rates pursuant•to Section 43(e) of Article 1446c,'Revised Civil Statutes of Texas. ry IN WITNESS WHEREOF, we affix our signatures on this d day of PIC 'AW . , 19 79 . N BOND FOR INCREASED RATES DURING SUSPENSION LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION By (see attachment) (Surety) • By By ,(1.CJI„4-9, day of Approved this 1116 1 (11.01 , 19 79 . MHVOR, 61TV of Ro 0 RodK,TEXRS ATTACHMENT TO BOND FORM � Star Gas, Company proposes to use as surety, either Associated Indemnity Corp., San Francisco, California or National Surety Corp., Chicago, Illinois, both of which are ' members of Fireman's Fund of America Insurance Group. It is srequested that the City approve both sureties in order that 'Lone Star may select one or the other should it become necessary to implement the bond.