ORDER NO. 31679 OFFICIAL BOND OF KERR COUNTY ATTORNEY ROB HENNEKE Came to be heard this the 1st day of April, 2010, with a motion made by Commissioner Letz, seconded by Commissioners Williams/Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve the Official Bond of Kerr County Attorney Rob Henneke. ~3/ ~ 7 9 COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Tinley MEETING DATE: April 1, 2010 OFFICE: County Judge TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve official bond of Kerr County Attorney Rob Henneke. 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .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. Texas OFFICIAL BOND AND OATH THE STATE OF TEXAS ss County of Kerr KNOW ALL PERSONS BY THESE PRESENTS: BOND No. 24759856 That we, Rob Henneke , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas, as Surety, are held and bound unto 1Governor ,his successors in office, in the sum of 2 Two Thous and Five Hundred and 0 0 / 10 0 DOLLARS ($ 2 , 5 0 0 . 0 0 ), for the payment of which we hereby bind ourselves and our heirs, executors and administrators, jointly and sevex'ally, by these presents. ', Dated this 2 3rd day of March 20I0 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above bounden Principal',was on the 22nd day of March 2010 ,duly Elected'' to the office of County Attornev in and for s Kerr (Elected-Appointed) County, State of Texas, for a term of 3 years commencing on the 1st day of Apri 1 2 010 NOW THEREFORE, if the said Principal shall well and faithfully perform and discharge all the duties required of him by law as the aforesaid officer, and shall 4 faithfully pay over in the manner prescribed by law all money that he collects or receives for any county or the state. then this cLli=.Ra~i~~ to be void, otherwise to remain in full force and effect. ~~~. _ , l~, .~~ ~~~~ ~~ ~2~i>~'I I>l 1 ~ HUT~E~VER, that regardless of the number of years this bond may remain in force and the number of claim ~ ~3 h~c.lr m. ~ l+~r~~i'n'~de against this bond, the liability of the Surety shall not be cumulative and the aggregate hah,l~tv`.of the Sur~Lj ;f,ny and all claims, suits, or actions under this bond shall not exceed the amount stated above. A.~~,: r~: vi=ian of tl~e bon amount shall not be cumulative. -»~ 1'lt~~~ = DIvD IYI~F~'I HER, that this bond may be cancelled by the Surety by sending written notice to the party to whom~as~un~i ~p:yable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal. ~~j Principal WESTE N S~UR'~E~ COMPANY By /. Paul T. Bruflat enior Vice President Form 862-A-12-2006 Page 1 of 3 001892 ~Q~ Western Surety Company ACKNOWLEDGMENT OF PRINCIPAL THE STATE OF TEXAS County of Kerr ss Before me, Cheryl Z~. Thompson on this day, personally appeared Rob Henneke ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration'therein expressed. Given under my hand and seal of office at Kerrville, Kerr County ,Texas, this --_lst--_ day of _~gril 2010 ~\~S~ONERS c~G O ~r 's'py ~i i~ ~~9......-r' ~~}~- R OOUN'~~' Vann tt Pieper Kerr County Clerk By' ~ Deputy Kerr OATH OF OFFICE (COUNTY COMMISSIONERS and COUNTY JUDGE) County, Texas I, ~~ , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of , of thewtate of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United' States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected; and I furthermore solemnly swear (or affirm) that I will not be, directly or indirectly, interested in any contract with or claim against the County, except such contracts or claims as are expressly authorized by law and except such warrants as may issue to me as fees of office. So help me God. Signed Sworn to and subscribed before me at SEAL ,Texas, this day of OATH OF OFFICE (General) County, Texas I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of , of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. So help me God. Signed Sworn to and subscribed before me at SEAL Texas, this day of County, Texas Page 2 of 3 THE STATE OF TEXAS County of The foregoing bond of } ss in and for approved in open Commissioner's Court. ATTEST: Date Clerk County Court THE STATE OF TEXAS County of } ss County _, County Judge, County, Texas I, ,County Clerk, in and for said County, do hereby certify that the foregoing Bond dated the day of ,with its certificates of authentication, was filed for record in my office the day of , at o'clock _ M., and duly recorded the day of , at o'clock _ M., in the Records of Official Bonds of said County in Volume , on page WITNESS my hand and the seal of the County Court of said County, at office in Texas, the day and year last above written. Clerk By STATE OF SOUTH DAKOTA ss County of Minnehaha Deputy County Court ACKNOWLEDGMENT OF SURETY (Corporate Officer) County Before me, a Notary Public, in and for said County and State on this 23rd day of March , 2 010 ,personally appeared Paul T. Bruflat to me known to be the identical person who subscribed the name of WESTERN SURETY COMPANY, Surety, to the foregoing instrument as the aforesaid officer and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. +h5~5a~,sSyySyyyyShyhhyyh5+ s s S. PETRIK i S qE ~ NOTARY PUBLIC SE s Notary Public i SOUTH DAKOTAC~.r r tyhhay5yhy55yhh5hyyyyyyh t My Commission Expires August 11, 2010 as County and State of Texas, this day Page 3 of 3 OD°J~ ~~~.~~~e Western Surety Company RIDER It is hereby mutually agreed and understood by and between the Principal and Western Surety Company, that instead of as originally written: The anniversary date has been changed to read: December 31, 2010 The Principal has been appointed to office. No further changes other than above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or condition~,sq of the Bond ,except as hereinabove set forth. q~ lp ~a'Q ,.. .. ~Aw w~ s e~ .effective on the 29th day of March 2010 ~, , at tie one tz o'clock a.m., standard time. ~, h ming part of Bond No. 24759856 issu~l~°"` o~~E R N SURETY COMPANY of Sioux Falls, South Dakota, to rat~BBdFtiiEttll~f4~ ROB HENNEKE Signed this 29th day of March ~ 2010 WESTER SURETY COMPANY By ~,...~ Paul T. Bruflat, Se or Vice President Form 128-4-2002 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota ,its regularly elected Senior Vice President , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One ro rnTTV ATT~ N v bond with bond number for ROB HENNEKE as Principal in the penalty amount not to exceed: X52 , 500 . o o , Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to-wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any ice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 29th day of March , 2010 ATTEST WEST R SURET COMPANY By . Nelson, Assistant Secretary Paul T. Bruflat, nior Vice President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss On this 29th day of March 2010 ,before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +yyhhhy~,yyhhyhhhy~yyyh5~,h t s D. KRELL s s S AE L NOTARY PUBLIC ~~ s i SOUTH DAKOTA s Notary Public t~,y~,wyyagsyy~,hyasa5~,~,ssy ~ My Commission Expires November 30, 2012 ~y Form F1975-9-2006 ~i«i Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and tihe United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota ,its regularly elected Senior Vice President as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One bond with bond number for Rob Henneke as Principal in the penalty amount not to exceed: $ 2.500.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to-wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 23rd day of March 2010 ATTEST L. Nelson, Assistant Secretary STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss On this 23rd day of March Paul T Br fl t WESTE N URET COMPANY sy c Paul T. Brufl ,Senior Vice President ~tss~~r,tts,r~~~` ~~< `}~~o ;,~..,' ~. arc., ~.. ~~~~°dl~$Bf~kE~i¢~~a 2 010 ,before me, a Notary Public, personally appeared u a and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as senior vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }yy~5hyyhyyh5yyyy55w~~,5~,5 } s s D. KRELL s s s S A NOTARY PUBLIC ~ s s SOUTH DAKOTA s s }~h~hSy4hyh~iyhy~ihh45y5Sh } My Commission Expires November 30, 2012 Notary Public Form F1975-9-2006 ~~~