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Maximum Financial Assistance. The words "Maximum Financial Assistance" means the sum of One Million Four Thousand Nine Hundred Ninety Seven Dollars and no cents ($1,004,997.00), which shall be the maximum amount of funds that the EDC will expend on the Improvements depicted on the map attached hereto as Exhibit "B" and incorporated herein by reference. The EDC will be responsible for maintaining records of the expenditures on the Improvements.
The EDC agrees to hire a competent contractor to construct the Improvements.
The EDC will require the contractor it hires to construct the Improvements, to submit a detailed design plan of the Improvements to the City's Airport Director and obtain his approval in writing prior to beginning any construction activities. The EDC will also require the contractor to obtain the types and amounts of insurance coverage that the City requires of contractors performing work on City premises. The EDC will require the contractor to provide a payment bond securing payment to all subcontractors and vendors. The Parties agree that the Improvements shall be the sole property of the City and no liens or other encumbrances shall be placed on the Improvements. The City further agrees that it will be responsible for maintenance of the Improvements after completion either through its Lessee, Transport Handling Specialists, Inc. or through such other means as the City shall deem prudent in its sole discretion.
a. Venue. Texas law shall govern interpretation of this Agreement and all disputes hereunder. This Agreement is to be performed in Howard County, Texas, and venue of any dispute between the parties shall be fixed in Howard County, Texas.
b. Signature Authoriw. The persons executing this Agreement are authorized to sign this Agreement on behalf of the party for which they sign, and have the express power to bind the parties for which they sign.
c. Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, overnight courier or facsimile.
Assignment. Neither party may assign this Agreement without the prior written e.
approval of the other party.
f. Entire Agreement/Binding Authoritv. This Agreement supersedes and constitutes a merger of all prior oral andlor written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives, receivers, executors, successors, agents and assigns.
Amendments. This Agreement, together with any related documents, constitutes g.
the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
h. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document.
i. Severabilitv. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included.
Signature Pages Follow:
Mr. Todd Darden City Manager City of Big Spring 310 Nolan Street Big Spring, Texas 79720
The terms for two of the City of Big Spring's appointees, Mr. Jim Purcell and Dr.
John Myers, to the Colorado River Municipal Water District's Board of Directors will expire on May 31, 2014.
Mr. Purcell has served on the Board of Directors of CRMWD since June 12,
2002. He is currently servirig as Board President, Chair of the Executive and Electric Power, member of the Operations Committee and as ex-officio member of the Administration and Audit Committee and Retirement Plan and Trust Committee.
Dr. Myers has served on the Board of Directors of CRMWD since January 6,
2011. He is currently serving as a member of the Administration and Audit Committee.
As set forth in the District's enabling legislation, the terms and qualifications of
the Directors are:
The term for the City's two appointees will be from June 1, 2014, through May 31, 2016. The District's first regularly scheduled Board Meeting after May 31, 2014, will be Wednesday, August 13,2014.
F.\CRMWD Files\GA\DistrictAdminislration\Board of Directors\Terms 8 Tenures\Board Terms 2014.doc
(2) City Council Members - appointed by majority vote of Council - during term of office and reappointment following their reelection to their respective council seat.
City Manager: Todd Darden and Director of Finance: Don Moore
Big Spring Area Chamber of Commerce President Elect - Elected in January of each year:
Amy Jacobs Term Expires January, 2015 Two at large member appointed by majority vote of council - three year term At large member: Three year term
Mr. Terry Wegman Mrs. Teresa Darden Guests that signed in: Pat Simmons, Spencer and Janet Wolfe, Cotton Mize, Jimmy Newsom, Irene Newsom, Georgie Newsom, Tammy DePauw, Alex Huddleston, Eddilisa Saldivar, Maricela Rodriguez, Terry and Jan Hansen, Steve Smith, Thomas Hodges, Dale Avant, Bob Price, Dave Lee, Mike Murphy, Lyndal Moody, Robert Moore
AGENDA ITEM # 1 - Call to OrderAnvocation and Pledge:
Mr. Avant called the meeting to order at 5:20 p.m. Mr. Avant led the invocation and pledge.
ACTION ITEM #2- Action on Minutes of the March 18,2014 Regular Board:
Mr. Avant presented the minutes of the March 18,2014 Regular Meeting. Motion to accept the March 18,2014 minutes as written was made by Mr. DePauw. Motion failed for lack of second.
A second motion to approve the minutes with item #10 being corrected with the Board Member being named as Mr. DePauw, seconded by Mr. Avant. The motion passed 2 to1 with Mr. DePauw voting "nay" against the motion.
Page 53 of 54 May 27, 2014 Agenda
ACTION ITEM #3- Action on March Financials Report:
Mr. Wegman presented the March Financial report. Motion to approve the March Financial Report was made by Mr. DePauw seconded by Mrs. Saldivar. The motion passed 3 to 0 with all members present voting "aye" in favor of the motion.
ACTION ITEM #4- Action on March Investment Report:
Mr. Wegman presented the March Investment report. Motion to approve the March Investment Report was made by Mr. DePauw seconded by Mrs. Saldivar. The motion passed 3 to 0 with all members present voting "aye" in favor of the motion.
AGENDA ITEM #5- Discussion: Leading EDG Mrs. Saldivar requested the BSEDC help to promote Leading EDG.
AGENDA ITEM #6- Discussion/Action to approve BSEDC Policy and Procedures:
Motion by Mrs. Saldivar to pass on Policy and Procedures until next scheduled meeting, seconded by Mr. DePauw. The motion passed 3 to 0 with all members present voting "aye" in favor of the motion.
AGENDA ITEM #9- Directors Report:
Mr. Wegman updated the Board that the lease agreement with Permian Industrial Center is still in progress. Prospect update included a pipe coating company wanting to locate at the Airpark. Meetings include the upcoming High Ground Board and Spring meeting.
Mr. Wegman received unanimous approval from the Board to attend the meeting. The next EDC meeting will be May 20,2014.
AGENDA ITEM #lo- Public Comments None AGENDA ITEM # 11- Board Comments Mr. DePauw stated that groundbreaking for the Reliever Route will be April 25th. Mrs.
Saldivar and Mr. Avant wished everyone a safe and happy Easter.
AGENDA ITEM # 12- Adjourn Mr. DePauw made a motion to adjourn, seconded by M The motion passed 3 to 0 with all members present Meeting adjourned at 5:52 pm on April 15,2014.