ORDER NO. 30539 CLAIMS ON FORMER TREASURER'S BOND Came to be heard this the 24th day of September, 2007, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Accept the payment of $13,137.59 as payment against the former Treasurer's bond and accept the final release, and authorize County Judge to sign same. (~~`~ COMMISSIONERS' COURT AGENDA REQUEST MADE BY: Judge Tinley OFFICE: County Judge PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MEETING DATE: September 24, 2007 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to conclude claims on former Treasurer's bond and authorize County Judge to sign release of same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday ,~ os39 @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. SEP.14.2007 11:44AM CLAIMS i j~`v/ TDT S. PhI1Nps Avent-o, Sioux Falls, 3D 5710a-8703 P.O. Hox 507"/, Sioux Fans, SD 57917-5o~ September 14, 2007 err County Court ATTN: Judge Pat Tinley 700 Main St. Kerrville, T~ 78028 RE: Principal: Barbara Nemec Obligee: County of Kezx, Texas Surety: Western Surety Company Bond No.: 13735577 Claim No. 9A345657-CI Dear Judge Tinley; N0. 5625 P. 1 Kenneth Randall Claims Analyst Telephone 605-33p-2605 l=acsimile 605-977-724 Email.• kennefh.randall@cnasurety.com ~ ~9~ฐ Pursuant to my voice message today, enclosed is a FINAL RELEASE AND PARTIAL ASSIGNMENT form. Please complete the form, lxave it notarized, and return by mail to my attention as soon as possible. err Upon receipt of the accepted and completed Final Release and Partial Assignment form by mail, we will forward to your attention a check in the amount of $X3,137.59 made payable to `ฐCounty of Kerr, Texas" in full and final resolution for all and any bond claim recovery for actions of Barbara Nemec, under Treasurer's Bond No. 13735577. Western Surety Company reserves all rights and defenses. Sincerely, Kenneth Randall Authorized Representative Westernn Surety Compaxxy Enclosiues cc: First Insurance Agency of the Pull Country, Inc. -- ATTN: Judy SEP.14.2047 11:44AM CLAIMS N0. 5625 P. 2 ~'Il~TAL RELEASE AND PART)[AL ASS~GNME~PI' RE: Principal: Barbara Nemec Obligee: County of Derr, Texas Surety: Western Surety Company Bond No: 13735577 Claim No; 9A305657-CI IN CONSIDERA'TZON and upon receipt of the payment of $13,137.59 by Western Surety Company, ("WSC"), the Undersigned does hereby release, acquit, exonerate an,d discharge WSC froze all acts, suits, claims, damages, and liabilities whatsoever which constitute bond claim recovery for actions of Barbara Nemec, undex Treasurer's Bond No.13735577, IN k'iTR3'IiER CONSIDBRAT7ON of the aforesaid payment, the Undersigned hereby assigns, transfezs and sets over to WSC to the extent of the above nab a partial claim for payment at~d hereby appoints WSC its true, lawful, and irrevocable attorney to demand, receipt for and enforce payment, and at the expense of WSC sue ~'or said claim and/or file a Proof off` Claim in Bankruptcy either in the name of the Undersigned, or in the name of WSC as Assignee. Dated this day of 2007. County of Derr, Texas ICY: Authorized Representative Printed Name and Capacity State of County of )SS. Qn the day of , 2007 before me the undersigned, a Notary Fublie in and for said County and State, personally appeared known to m~e to be person whose name is subsczibed to the within instrwnent and aclrnowledged that he/she executed the same. Notary Public My Commission l/xpires: CNASURETY 101 S. Phillips Avenue, Sioux Falls, SD 57104-6703 P.O. Box 5077, Sioux Falls, SD 57117-5077 October 1, 2007 Kerr County Court ATTN: Judge Pat Tinley 700 Main St. Kerrville, TX 78028 RE: Principal: Barbara Nemec Obligee: County of Kerr, Texas Surety: Western Surety Company Bond No.: 13735577 Claim No. 9A305657-CI Dear Mr. Tinley: Kenneth Randall Claims Analyst Telephone 605-330-2605 Facsimile 605-977-7724 Email: kenneth.randall@cnasurety.com Enclosed please find Western Surety Company's, ("WSC"), draft in the amount of $13,137.59 made payable to "County of Derr, Texas." Also enclosed is a PARITAL RELEASE AND ASSIGNMENT form for execution by an authorized representative for the County. This check is given to you in trust with the understandin tg_hat you will not negotiate this instrument until you have executed and returned the enclosed Partial Release and Assignment form to my attention. Please be advised, the maximum liability under the bond during the period of time of which the alleged loss occurred is $15,000.00 and shall not exceed that amount, according to terms of the bond. Pending completion of the investigation and analysis of this matter, Western Surety Company reserves all rights and defenses. Sincerely, /~c-l /e Kenneth Randall Authorized Representative Western Surety Company Enclosures cc: First Insurance Agency of the Hill Country, Inc. - ATTN: Judy PARTIAL RELEASE AND ASSIGNMENT RE: Principal: Barbara Nemec Obligee: County of Kerr, Texas Surety: Western Surety Company Bond No: 13735577 Claim No: 9A305657-CI IN CONSIDERATION and upon receipt of the payment of $13,137.59 made by Western Surety Company, ("WSC"), the Undersigned does hereby partially release, acquit, exonerate and discharge WSC, up to $13,137.59, from all acts, suits, claims, damages, and liabilities whatsoever which constitute bond claim recovery for actions of Barbara Nemec, under Treasurer's Bond No. 13735577. IN FURTHER CONSIDERATION of the aforesaid payment, the Undersigned hereby assigns, transfers and sets over to WSC to the extent of the above payment, a partial claim for payment and hereby appoints WSC its true, lawful, and irrevocable attorney to demand, receipt for and enforce payment, and at the expense of WSC sue for said claim and/or file a Proof of Claim in Bankruptcy either in the name of the Undersigned, or in the name of WSC as Assignee. Dated this ~ ~ day of ~ G7~Y-i-a! , 2007. County of Kerr, Texas BY: Author' epresentative -r ,N~.E y ฉc1 nJt ~ v ~- Printed Name and Capacity State of 7Exas ) )SS. County of I~E~Q. ) On the r day of ~~~ , 2007 before me the undersigned, a Notary Public in and for said County and State, personally appeared ~A T / ~ n/L~ y , known to me to be person whose name is subscribed to the within instrument and acknowledged that he/she executed the same. Nota ub My Commission Expires: ;"'•"~ """"""""*~~'~`~"~' ., ~~ . ~,~ WAYNE MURACH ~. Notary Public s •~ STATE OF TEXAS "~;, My ComM. Exp. ti11i12010 i mill uiii uiii loll lull iiii uii N O O N O D 0 0 W 0 rn v 0 O O W a m 0 0 0 0 0 0 0 0 0 0 0 CNA CNA PLAZA 13S CHICAGO IL 60685 COUNTY OF KERR, TEXAS 700 MAIN STREET KERRVILLE TX 78028 ~NA SURETY .~ • To expedite handling of your claim, please include our claim number on all future correspondence to us. Insured/Client Claimant ~~ Date of Loss Total WC Ind to Date From - thru Dates Suff/DT TRAN EXP _ Code ~~ 011 21 ~~ -- - Reason PARTIAL RELEASE UNDER BOND #13735577 ATT pay Amount Code $13,137.59 $13,137.59 ~__ To ensure timely delivery of your check, please verify that the address on this check is complete and correct. If not, please notify your claims representative with the correct information. Thank you. SJBLBt 8.23.06 PLEASE DETACH BEFORE CASHING ss-,saa civa SURETY 1 0003 3 4 7 9 aai Date Issued Bank Acct. UNDERWRITTEN BY : 10/03/07 631506706 WESTERN SURETY COMPANY • r ~• ~ • • ~• • • r • • Desk Code. Claim Number Insured/Client Issuing Off. No. Prefix & Contract No. Claimant Date of Loss from-thru (Dates) In Payment of > Dollars - PAY THIRTEEN THOUSAND ONE. HUNDRED --'--------- THIRTYSEVEN AND 59/100THS -------- ----- ------------ Dollars • Cents TO *****$f3,137.59- COUNTY, OF KERR, TEXAS a THE 700 MAIN STREET o ORDER KERRVILLE TX 78028 o OF' 7 VOID IF NOT CAS IN Slx JPMorgan Chase Bank, NA Ohio MONTHS FROM MONTH OF ISSUE 11'01000334?911' 1:044 ~ L54431: 63 L506?0611'