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2006-02-23 Regular February Term Held February 23, 2006 THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ BE n REMEMBERED, that on this 23rd day of February, A.D., 2006 there was begun and holden in the Commissioners' Courtroom in the Memorial. Medical Plaza in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to- wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk ~.~~ Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. \. APPROVAL OF MINUTES: A Motion was made by Commissioner Balajka and seconded by Commissioner Fritsch that the minutes of January 26, 2006 meeting be approved as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ,~ ~h Commissioner, Precinct 3 Michael J. Balajka Commissioner, Precinct 2. Wendy Ma Deputy County Clerk . ! j \ I I PUBUC HEARING TO RECEIVE COMMENT ON PROPOSED COUNTY ROAD MAP. PURSUANT TO CHAPTER 258. TEXAS TRANSPORTATION CODE:. Judge Pfeifer opened the Public Hearing regarding proposed County Road Map, Pursuant to Chapter 258, Texas Transportation Code at 10:02 a.m. Mr. Bob Bass with Allison Bass & Associates, LLP gave a report regarding this issue after he gave his report he asked for any public comments. Questions were ask~ by Thomas Fisher, Anne Marie Odefey, Dan Cervenka anc! Richard Whatley. The Court went into recess for five minutes and then came back into session to hear any protests that have been filed. There were two protests David Brinkerhoff on Stevens Road and Dan Cervenka on Falcon Point Road. Mr. Cervenka gave a brief statement on his concerns with Falcon Point Road. Mr. Brinkerhoff was unable to be present in Court but sent a letter to Judge Pfeifer in referente to his concerns with Stevens Road. Judge Pfeifer wanted to state for the record that Mr. Richard Whatley protest the closing of Stevens Road and Mr. Whatley stated he does not protest closing Stevens Road he would just like to see Mr. Brinkerhoff give him an easement to get back to his property. Mr. Bass stated that he proposes to send Mr. Brinkerhoff and Mr. Whatley a notice that this matter of closing Stevens Road is not a jury view proceeding and if they should want to pursue this any further it would need to be brought before the court in another proceeding. Mr. Bass believes that Mr. Cervenka states a valid 258 with a jury view proceeding and the proposed date for Calhoun County is April 19, 2006. There were no further comments and Judge Pfeifer closed the Public Hearing at 11:15 a.m. PROTEST OF ROAD DEPICTED ON COUNTY ROAD MAP Pursuant to Article 258.002(b) of the Texas Transportation Code, "A commissioners court that proposes a county road map under this section shall hold a public meeting at which a person asserting a private right, title, or interest in a road in which the county has claimed the existence of a public interest may appear before the commissioners court to protest the county's claim. A person asserting a private right, title, or interest in a road may also file a written protest with the county judge at any time before the public meeting. " The Calhoun County Commissioners Court has scheduled a public meeting on this matter for 2/23/2006, at 10:00 a.m. in the Commissioners Courtroom, Calhoun County Courthouse. You may protest a road in person, or in writing, by the use of this form. Name: /J9.,v LtTR.// .:;'-IVA"J - c' , ,1 Address: ....;> ~V4 v ;Cb J' ''''' ,J fi? of City: !;~:),?c/,II/ ) State: . ,- / ,1. Zip: Phone: 2. 10 .. 8"17-:2;::(.1 9; I wish to protest the inclusion of the following road identified as: fA. J Cd v ;O,l' / Road Map. This road is depicted on page 8 ^7 of the County Road Map. , in the County The basis of my protest is as follows: 1J,..6/.)...~...'1 /11/1/-/"'-,-(,:; .4-...( r!?1<:,>..,.,,,,,..Js i..--'J (,.... 4 h ~'},;.~.j ,;.... .~ /IA. )J' ,,a ''" d ;.r, l?'... 4'-1 , . I o,i ~1- ;10 N ...~ J I' b~v,. ",,:I " Additionally, I am attaching a copy of the page depicting this road from the County Road Map, and have marked that map to reflect my objection. I (check one): [ ] Request an opportunity to address the Commissioners Court on this matter. [ ] Submit my protest by way of this written form. ' Whether you use the written form, appear before the Commissioners Court personally, or both, your protest will be taken up for consideration by the Commissioners Court. Date: -.., 7);'-' --.. ~-,;/LJ{?---L-. SIgnature PROTEST OF ROAD DEPICTED ON COUNTY ROAD MAP Pursuant to Article 258.002(b) of the Texas Transportation Code, "A commissioners court that proposes a county road map under this section shall hold a public meeting at which a person asserting a private right, title, or interest in a road in which the county has claimed the existence of a public interest may appear before the commissioners court to protestthe county's claim. A person asserting a private right, title, or interest in a road may also file a written protest with the county judge at any time before the public meeting. " The Calhoun County Commissioners Court has scheduled a public meeting on this matter for 2/23/2006, at 10:00 a.m. in the Commissioners Courtroom, Calhoun County Courthouse. You may protest a road in person, or in writing, by the use of this form. Name: J?l'{;>hClI"~ J, Wht;t'T Ie V I Address: S- 7 J " } J... r y 8 ~ State: T!~ Zip: 77 C;' 71 Phone: City: 1 (') Nfl )t1 /) 1r 3(;) .-7 ;?}~ tt; r I I wish to protest the inclusion of the followin~ road identified as: 57 e v~ AI:; Road Map. This road is depicted on page h .1)' ofthe County Road Map. , in the County The basis of my protest is as follows: ,,;-.;:; ~;;:il.~:r~~ I~ :iyj[~"-< /1-0-..1 ,->-1..1 r .A.4.- Additionally, I am attaching a copy ofthe page depicting this road from the County Road Map, and have marked that map to reflect my objection. I (check one): [ J R~u~st an opportunity to address the Commissioners Court on this matter. [ ~ubmlt my protest by way of this written form. Whether ~ou use the written fonn, appear before the Commissioners Court personally, or both, your protest WIll be taken up for consideration by the Commissioners Court. Date: -:2 - 2 's -- t9 t rx!J~j l1/Mt Signature ~ J PROTEST OF ROAD DEPICTED ON COUNTY ROAD MAP Pursuant to Article 258.002(b) of the Texas Transportation Code, "A commissioners court that proposes a county road map under tIlis section shall hold a public meeting at which a person asserting a private right, title, or interest in a road in which the county has claimed the existence of a public interest may appear before the commissioners court to protest the county's claim. A person asserting a private right, title, or interest in a road may also file a written protest with the county judge at any time before the public meeting. " The Calhoun County Commissioners Court has scheduled a public meeting on this matter for 2/23/2006, at 10:00 a.m. in the Commissioners Courtroom, Calhoun County Courthouse. You may protest a road in person, or in writing, by the use of this form. Name: ~OI1/lPr5 J'\..., [;-5 (e~ Address: PO. B 0 J( ~ 11 City: 0~A-O&; p.{- Zip: 7 7 q 83 Phone: " -3 b / 1115 ;}. 5;J-,~ I wish to protest the inclusion ofthe following road identified as: J.ee 7 q of the County Road Map. State: 'Tx , in the County ND .e.+ k e;s. oj +ke 1~A-oJ Additionally, I am attaching a copy of the page depicting this road from the County Road Map, and have marked that map to reflect my objection. I (check one): ["Request an opportunity to address the Commissioners Court on this matter. [ ] Submit my protest by way of this written form. Whether ~ou use the written form, appear before the Commissioners Court personally, or both, your protest WIll be taken up for consideration by the Commissioners Court. Date: ).. - J.. ., - rD f.p I~H0 c1. ~ Signature flt9 e11 ;'" M Itf BDoK .'\ I DAVID K. BRINKERHOFF A TTORNEY AT LAW P.O. BOX 66 QUANAH, TEXAS 79252-0066 107 WEST 4TH STREET TEL 940-663-2723 Fax 940-663-5500 \ February 16, 2006 Judge Michael Pfeifer Calhoun County Judge 211 S. Ann St. Port Lavaca, TX 77979 Re: Stevens Road Protest Dear Judge Pfeifer: Attached is a protest that my wife, Steva Brinkerhoff, is filing to the designation, use, and maintenance of Stevens Road as a public road. The area involved is South and West of the Long Mott townsite. Our tenant on the property is Harold Evans who lives near the property on State Hwy 185N. The land in question has been in my wife's family since 1910 when purchased by her grandparents, W.D. Stevens and wife, Berta Stevens. After their deaths it was owned by their daughters, Berta Bell (wife's mother) and Lillian Allen. Steva has been the sole owner since 1999. I hope to discuss with you prior to the hearing on February 23, 2006 the necessity of our being present at the Commissioner's Court meeting. Our home is over 500 miles from Calhoun County, and if the matter can be resolved without our presence, that would certainly benefit us. However, we believe the matter is of such importance that if our presence is necessary, we would make plans to be present. I look forward to discussing this matter with you next week. Sincerely. \r~L~ David K. Brinkerhoff . .) :>'1:10>00 .,'i C/J c-< 0 '1:1 ~ ~ C/J:> '1:1'-' Ci3Z~;.;@ >-:l.....mo>-:l~ trl ti ;.; :><: ><: .. ti trl >~....... tpZ>-:l o~ ><: >-:l z. > ~ " 9o@c-<'" j 0..d>:r:J:;l :> <; 0 0 ~. g~Gi~F z.. C/J i:T " 0 I:;' I ~ ~n~ ""~'" ~:r: -.Jo -.J@ o o ::;l@ '" >-:l ~><: ""C/J ~o '" ..... ~J t"" :> z ti ~ >-:l trl ;.; o 00 '1:1Z Sgj "";.; tp< z:!> oj 00 ""z ti~ .....'1:1 C/J;.; g~ 0 q~ti;g ~....,>~ .j>.m@...., "'C/J"o oW;.; :>"S; " c-<":r: ~g.~ " (3 ~..,~ = - P. II :oD trl "'N< "'0," 001=' - <"> '" ~.I C/J ~ ...., ~ l:l o ~ 1J:J ~ ::0 ~ ,.;j ..., o ~ "'d t"i ~ ~ i ...., trl ~ C/J ..... '" P. i'< ,(" > cr: '" .'" TO: Honorable County Judge Michael Pfeifer and the Honorable Commissioner's Court of Calhoun County, Texas RE: Protest to designation of STEVENS ROAD, as a County Road The undersigned objects to the County's claim of its right to continue designation, use, and maintenance of Stevens Road as a public road. ~tevens Road is a shell-based road approximately 1100 feet in length that intersects ':'jllary Road on the east and dead ends at a cattle guard and gate on the west. No known ea;ement to the County appears of record. The undel~igned is the sole owner of the land upon which Stevens Road is located and asserts a prNate ownership right, title and interest to such road. Stevens Road serves no public purpose since it dead ends on the tmdersigned's private land. The road is subject to use only by persons authorized to access the undersigned's private land which doc~ not include the public in generaL ' , For these reasom~ the undedigried respectfully requests that Stevens Road be removed from the County h)~oad 1:.'ap and that no future maintenance of said road be conducted by the County. " 5A~~ Steva Brinkerhoff - · . February 16,2006 ( PUBLIC HEARING REGARDING DESIGNATION OF BLACKBERRY ISLAND. LP REINVESTMENT ZONE #06-02 AND GRANTING TAX ABAtEMENT: Judge Pfeifer opened the PUblic Hearing regarding designation of Blackberry Island, LP Reinvestment Zone #06-02 and granting Tax Abatement at 11:16 a.m. Anne Marie Odefey spoke regarding Blackberry Island, LP Reinvestment Zone #06-02 and granting tax abatement, also present was Mr. Rob Fondren. There were no public comments. Judge Pfeifer closed the public hearing at 11:20 a.m. . DESIGNATE BLACKBERRY ISLAND. LPREINVESTMENT ZONE #06-02: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to designate Blackberry Island, LP Reinvestment Zone #06-02. Commissioners Galvan, Balajka, Fritsch, Finster and judge Pfeifer all voted in favor. NOTE: Exhibit 2 is a map thilt was to large to be scanned into our system. This map has been filed and Can be found in the plat records Volume Z Page 684 Slide 438 A8r.B RESOLUTION OF THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS DESIGNATING BLACKBERRY ISLAND, LP REINVESTMENT ZONE NO. 06-02 WHEREAS, Blackberry Island, LP filed an Application with the Commissioners Court of Calhoun County, Texas for designation of a reinvestment zone on February 17, 2006; and WHEREAS, pursuant to the Property Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312) and the Guidelines and Criteria of the Commissioners Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created in Calhoun County, (The Guidelines), the Commissioners Court published a Notice of Public Hearing on the Application of Blackberry Island, LP for designation of a reinvestment zone in the Port Lavaca Wave on February 11,2006; and WHEREAS, the Commissioners Court convened in open meeting on Thursday, February 23, 2006 at 10:00 o'clock a.m., pursuant to said Notice for the purpose of conducting a Public Hearing on the Application of Blackberry Island, LP for designation of a reinvestment zone, during which hearing representatives of Blackberry Island, LP presented statements and evidence in support of its Application, and whereupon all interested persons in attendance who requested to do so, were given the opportunity to speak and present evidence for or against the designation; and WHEREAS, upon conclusion of the Public Hearing, the members of the Commissioners Court considered the evidence and upon motion and second, adopted the following resolution: 1 BE IT RESOLVED by the Commissioners Court of Calhoun County, Texas: 1. The Commissioners Court of Calhoun County, Texas makes the following findings: (a) That the improvements sought are feasible and practical; (b) The designation and improvements would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; (c) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the COUJ1.ty; (d) The Commissioners Court further finds that the entire 22 acres (more or less) tract currently platted as "The Breaks" is located entirely in an unincorporated area of Calhoun County, Texas; 2. Based upon its findings, the Commissioners Court of Calhoun County, Texas concludes that Blackberry Island, LP's Application for Designation of Reinvestment Zone dated February 17,2006 should be and is hereby approved. 3. A metes and bounds description of the Reinvestment Zone is contained in Exhibit "1," is attached hereto, incorporated by reference and made a part hereof for any and all purposes. Also attached to this Resolution is a plat indicating the boundaries and location of the Reinvestment Zone. The plat is marked Exhibit "2," incorporated by reference and made a part hereof for any and all purposes. 2 4. The Reinvestment Zone is hereby designated as eligible for tax abatement, subject to approval of any application for tax abatement by the Commissioners Court. 5. The tract of land containing 22 acres (more or less) currently platted as "The Breaks" is hereby designated as Blackberry Island, LP Reinvestment Zone 06-02 and is eligible for tax abatement. 6. This designation of a reinvestment zone shall expire five years from the date of this resolution. PASSED, ADOPTED AND APPROVED, on this 23rd day of February, 2006. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS rwJ~~ Michael Ptl er;. ty Judge ATTEST: llnm ~ d~cltrtJ Anita Fri~ Calhoun County Clerk 3 FIELDNOTt= DESCRIPTION 22.59 ACRES STATE OF TEXAS } COUNTY OF CALHOUN } All of that certain tract or parcel cOfltaining 22.59 acres sltuated in the Santiago Gonzales Survey, Abstract no. 19 of Cal-houn County, Texas and being a portion ofLote 2 and 11 and all of Lots 3 thru 10 in 8~ock$ 203 thru 207; all of Blocks 212 thru 216; abandoned Commeroe Street Right..of...Way from the Northeast Right-of-Way line of 7th Street to the Southwest Right-of-Way Ifne of 2nd Street; abandoned Right-ot-Ways of 6th Sweet, 5th Street, 4th Street and 3rd Street from the Southeast Right-of-way line of the re-Iocated Commerce Street to the Northwest line of Water Street; an abandoned portion of Water Street all according to the plat of Port O'Connor Townsite recorded in Volume 2, Page 001 of the Calhoun County Plat Records and also a part of the same property described as 2.7361 acres in deed recorded in Volume 293, Page 1197 of the Calhoun County Deed Records and a part of the same property described as 2.0190 acres In deed recorded in Volume 266, Page 417 ofthe Cathoun County Official'l Records. . This 22.59 acres is more particularly desoribed by metes and bounds as follows: BEG1NNING at an exlsting 5/8 inch Iron rod located at the intersection ofthe Northes8t line of 7th street and the Southeast Hne of the re-I.ocated Commerce street for the West corner of this 22.59 acres being described; THENCE North 63022'00" East, with the Southeast line of Commerce Stree~ a distance of 1740.00 feet to an existing 5/8 inch iron rod located at the Intersection of the Southeast fine of Commerce Street and the Southwest line of 2nd street for the North corner of this 22.59 acres being described; THENCE South 26038'00" East, with the Southwest line of 2nd Street, a distance of 505.00 feet to a 5/8 inoh iron rod with plastic cap set at the intersection of the Southwest line of 2nd Street and the Northwest line of Water Street for the East comer of this 22.59 aores being described; THENCE South 63022'00" West, with the Northwest line of Water Street, a distance of 1247.00 feet a 5/8 inch iron rod with plastic cap set for an interior corner of this 22.59 acres being described; THENCE South 26038'00" East, with the Northeast line of the above referenced 2.0190 acre tract, pass the existing edge of water of the Intracoastal Waterway at a distance of 129.5 feet and continuing a total distance of 463.62 feet to the Northwest line of the Intracoastal WatIDrway Easement for the Southeast corner of this 22.59 acres being described; THENCE South 69034'24" West, with the Northwest HMl of the Intracoastal Waterway Easement, a distance of 275.28 feet to' th-eSouthwest comer of this 22.59 acres being described; THENCE North 26038'00" West a distance of 144.73 feet to a .comer of this 22.59 acres being described; THENCE North 15045'53" East, pass the existing edge of water of the I nt~ooastal Waterway at a distance of 30.2 feet and crossing the common line of the a'bovlll referenoecl2.7361 acre tract 8f1ld the said 2.0190 a'ore tract and continuing a total distance of 102.33 feet to a 5/81noh iron rod wi1!h plastic cap set for an Interior corner of this 22.59 acres. being described; THENCE North 26038'00" West a distance of 213.56 feet to a 5/8 inch iron rod with plastic cap set in the No.rthwest line of the abandoned portion of Water Street for al'l interior comer of this 22.59 acres being described; THENCE South 63022'00" West, with the Northwest line of the abandoned portion of Water Street, a distance of 288.33 feet to the in~erseetion of the Northwest line of Water Street and the Northeast line of 7th Street tor the South corner of this 22.59 acres being described; THENCE North 26038'00" West with the Northeast line of 7th Street, a distance of 505.00 feet to the PLACE OF B'EGINNING, containing within these metes and bounds 22.59 acres. This fieidnote description and a plat were prepared from a surv~y made em the ground under my direction in September - December 2004. EXHIBIT j 1 APPLICATION FOR TAX ABATEMENT AGREEMENT WITH BLACKBERRY ISLAND. LP: A Motion was made by Commissioner Finster and. seconded by Commissioner Galvan t()approve the application for the Tax Abatement Agreement with Blackberry Island, LP and authorize Judge pfeifer to sign the agreement. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. '- TAX ABATEMENT AGREEMENT I between CALHOUN COUNTY, TEXAS and BLACKBERRYISLAND,LP February 23, 2006 1 .. :>0 i.- TAX ABATEMENT AGREEMENT INDEX RESOLUTION APPROVING TAX ABATEMENT AGREEMENT iii 1. Application/Specific Improvements Required.... ..... .......1 1.1 Specific Improvements Required............. ./. " 1 1.2 Agreement Governed by Guidelines ..... ... .......1 1.3 Property Eligible for Tax Abatement... ... ......2 2. Kind, Number and Location of Improvements ..... ..... ... ....2 3. Inspection of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 4. Limitation of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 5. Right of Recapture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 6. Existing Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3 7 . Proposed Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 8. Value of Proj ect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 3 9. Value to be Abated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 9.1. Base Year Value .... . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 / 10 . Dura tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 11. Percent of 11.1. 11.2. Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Basic Abatement ............ . . . ... . . . . . . . . . . . " 4 Abatement Subject To Rights Of Holders Of Out- standing Bonds............................ 4 12. Commencement and Ter.mination Dates.. ..................... 5 13. Description of Project/Economic Life .. ..... .... ... .......5 14. Default, Notice, Cure, Ter.mination, Etc.................. 5 14.1. Events of Default ........... .......... .......6 14.2. Ter.mination Retroactive...................... 7 14.3. Non Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 i .. ~ 14.4. 14.5. 14.6. Recapture of Taxes ........... . . . . . . . . . . . . . . .. 7 Administration and Enforcement............... 8 Assignment ........ . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 15. Type of Legal Entity..................................... 8 16. Notices 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 17. Reimbursement for Fees and Expenses ...................... 9 18 . Indemni ty . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 19. Incontestability... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 20. Assurances 20.1. 20.2. 20.3. 20.4. 20.5. 20.6. 20.7. and Special Conditions....................... 11 Accuracy of Information. .................... 11 Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Permi ts .......................... . . . . . . . . . .. 12 All Conditions to be Performed. . . . . . . . . . . . .. 12 Public Health and Safety.................... 12 Required to Make Specific Improvements ...... 12 Estimates/Strict Compliance.... ..... ........12 21. Information to Determine Compliance ..... ....... .... .....12 22. Value of Project After Abatement ............ ... ..... ....13 23. Contract Terms and Conditions Survive Abatement Period.. 12 24. Miscellaneous........................................... 13 24.1. Agreement Survives Reinvestment Zone.... ....13 24.2. Payment of Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . " 14 24.3. Conflicts of Law. . . . . . . . . . . . . . . . . . . . . . . . . . " 14 24 .4 . Severabili ty .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. " 14 24 . 5 . Subtitles..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 24.6. Place of Performance ..... . . . . . . . . . . . . . . . . . .. 14 24.7. Acceptance by DH . . . . .. . . . . . . . . . . . . . . . . . . . . .. 14 24.8. Approval by Commissioners ..... . . . . . . . '.' . . . .. 15 24.9. Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 15 ii ... .: RESOLUTION APPROVING TAX ABATEMENT AGREEMENT WHEREAS, on February 23, 2006, Blackberry Island, LP (hereafter "Blackberry") obtained designation of Blackberry Island, LP Reinvestment Zone 06-02, consisting of certain properties situated in an unincorporated area of Calhoun County, Texas; and WHEREAS, by Application dated February 17,2006 Blackberry has applied for a Tax Abatement Agreement for its Residential Subdivision Project valued at $14,600,000.00 to be located in the Blackberry Island, LP Reinvestment Zone 06-02; and WHEREAS, the Commissioners Court of Calhoun County, Texas held a public hearing on February 23, 2006 at which interested persons were permitted to speak and present written material for or against the approval of the Tax Abatement Agreement sought by Blackberry; and WHEREAS, the Commissioners Court of Calhoun County, Texas, after . notice as required by law, has in open meeting discussed the issue of whether to enter into a Tax Abatement Agreement with Blackberry, and being of the opinion that the Application for Tax Abatement Agreement by Blackberry for construction of its residential subdivision should be approved, the Commissioners Court, upon motion and second, adopts the following resolutions: BE IT RESOLVED: 1. That the Commissioners Court of Calhoun County, Texas hereby finds iii ( that the terms of the proposed Tax Abatement Agreement for Blackberry's construction of its Residential Subdivision Project and the property subject to the Agreement satisfy eligibility criteria and other requirements of the Guidelines and Criteria for Tax Abatement heretofore adopted by the Commissioners Court on April 14, 2005. 2. The Commissioners Court of Calhoun County, Texas finds that there will be no substantial adverse effect on the provision ofthe County's services or tax base. 3. The Commissioners Court of Calhoun County, Texas approves Blackberry's Application for Designation of Reinvestment Zone and Tax Abatement dated February 17, 2006, subject to the following terms, covenants and conditions contained in the attached Tax Abatement Agreement. 4. Based upon the foregoing findings, the Commissioners Court of Calhoun County, Texas hereby approves and authorizes the execution of the Tax Abatement Agreement between the Commissioners Court of Calhoun County, Texas and Blackberry, a copy of which is attached to this Resolution, incorporated by reference, and made a part here,of for any and all purposes. PASSED, ADOPTED AND APPROVED, by a vote of for and against on this 23rd day of February, 2006. COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS By:'1utr4-fJ 9-~ Michael J. Pfeife , County Judge iv ;,.. f ATTEST: cI e(l(., v .r { TAXABATEMffiNTAGREEMENT THE STATE OF TEXAS g g COUNTY OF CALHOUN g KNOW ALL MEN BY THESE PRESENTS: . THIS AGREEMENT (hereinafter Agreement) is between Calhoun County, Texas, (hereinafter County), a political subdivision of the State of Texas, acting by and through its duly elected Commissioners Court (hereinafter Commissioners), and _ Blackberry Island, LP, a Texas Limited Partnership (hereinafter Blackberry). 1. Application/Specific Improvements Required. Blackberry has filed with the County an Application for Tax Abatement. A copy of the Application, dated February 17, 2006 is attached hereto, marked Exhibit "I", and made a part hereof for any and all purposes. 1.1 Specific Improvements Required. The County hereby approves the Application for Tax Abatement Agreement expressly upon the condition that Blackberry will make the specific improvements described in the Application. All of the proposed eligible improvements are to be located in the designated Blackberry Island, LP Reinvestment Zone, 06-02. 1.2 A!!reement Governed bv Guidelines. Unless otherwise stated, this Agreement for tax abatement is made and entered into pursuant to and is governed by the Guidelines . and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement as a Business Incentive in Reinvestment Zones created in Calhoun County, Texas adopted April 14, 2005 (hereinafter "Guidelines") except as varied by the specific 1 }. 'I provisions of this Agreement and by the Commissioners' enabling resolution. The Guidelines are hereby incorporated by reference and made a part hereof for any and all purposes. Subject to any variances contained in this Agreement, the 2005 Guidelines govern this Agreement. This Agreement is further subject to the following terms, covenants and conditions. 1.3 Property Elif!ible for Tax Abatement. The County agrees to exempt from taxation the value of the real property in each year covered by this Agreement only to the extent its value for that year exceeds its value for the year in which this Agreement is executed. The County also agrees to exempt in the percentages hereafter stated the value of eligible tangible personal property described in the Application located on real property in . the reinvestment zone in each year covered by this Agreement other than tangible personal property that was located in the reinvestment zone at any time before the execution of this Agreement with the County. This provision shall not affect the eligibility for tax abatement of other improvements in the reinvestment zone as authorized by any prior Agreements with the County. Tangible personal property thatis not eligible for abatement is described in the Guidelines and Criteria. 2. Kind. Number and Location of Improvements. Blackberry shall expend a minimum of two million dollars ($2,000,000) in infrastructure costs in the reinvestment zone as that term is defined in the Guidelines. 2 I I I j. q 3 t;... i 9. Value to be Abated. All property value will be abated for a three year period beginning with the January 1, 2007 assessment of value by the Calhoun County Appraisal District through December 31, 2009, until such time that any property within the reinvestment zone is sold, transferred, I conveyed, occupied or otherwise no longttr part of the developer's inventory. Once the property leaves the Developer's inventory for any reason, the property will be taxed at the appraised value determined by the Calhoun County Appraisal District beginning January 1 of the year following the sale, transfer, conveyance or occupation. The taxes assessed as a result of rollback shall not be abated. . I 9.1. Base Year Value. The base year value (January 1,2006), land value, has not been determined, but shall be determined by the Calhoun County Appraisal District. 10. Duration. The duration of the abatement term shall be three (3) years commencing within the tax year 2007, through the tax year 2009, inclusive. 11. Percent of Exemption. The percent of value to be abated each year is as follows: One Hundred Percent (100%) of the eligible value of the property, until said property is no longer in the Developer's Inventory, as further described in paragraph 9 above. 11.1. Basic Abatement. This is the percent of abatement of eligible property value to be granted in each year, without regard to any other incentives. 11.2. Abatement Subiect To Rit!hts Of Holders Of Outstandint! Bonds. Pursuant to Tex. Tax Code ~312.204(a), the abatement and exemption of taxes provided in this 4 .. Agreement is subject to the rights of holders of outstanding bonds of the County. 12. Commencement and Termination Dates. The effective date of this Tax Abatement Agreement shall be the date that the County executes this Tax Abatement Agreement with Blackberry. The abatement granted in this Agreement shall apply to all eligible improvements described in the Application (Exhibit "1") and placed in the reinvestment zone after the effective date. Taxes will be abated on eligible property for three (3) consecutive tax years commencing January 1,2007. Property otherwise eligible for tax abatement under this Agreement shall be eligible for abatement only if the property is placed or constructed in the reinvestment zone after the effective date of this Agreement, but on or before December 31, 2009. Taxes will be abated for eligible property in tax years 2007 through 2009, inclusive. 13. Description ofProiect/Economic Life. The residential subdivision designated in the Application is a planned residential subdivision with an economic life of at least 20 years. Completion of the infrastructure contemplated herein is estimated to occur in 2006. A complete property description is contained in the Application. ) 14. Default. Notice. Cure. Termination. Etc. Should the County determine that Blackberry is in default in the performance of any of the terms or conditions of this Agreement, the County shall notify Blackberry in writing at the address stated in this Agreement, and if such default is not cured within 60 days from the d~te of written notice, or within an approved extended curative time as authorized by ~7 of the County's Guidelines, 5 . this Agreement may be terminated by the Commissioners for cause. 14.1. Events of Default. The following shall be considered events of default, should Blackberry: 14.1.1 Allow any of its ad valorem taxes owed to the County to become delinquent without timely and proper protest and/or contest; or 14.1.2. Violate any of the terms and conditions of this or any other Abatement Agreement with the County or with any other taxing jurisdiction that has granted Blackberry tax abatement for any project that the County has also granted tax abatement; or 14.1.3. Discontinue construction described in the Application for any reason (excepting fIre, explosion or other casualty or accident or natural disaster, or for any involuntary cause); or 14.1.4. Violate any written term, covenant, condition, agreement made by Blackberry with the County, although such. may be extraneous to this Agreement, and even though same may be otherwise unenforceable; or 14.1.5. Make any material misrepresentation, or omit any material fact either in the Application or in the Tax Abatement 6 \, ~ Agreement. (Material Misrepresentation or omission of a material fact means a false statement or omission about a material matter which induced the Commissioners to take any specific action on the Application for Tax Abatement, and without such misrepresentation, the Commissioners would not have granted this Tax Abatement Agreement, or would have taken some action different than they actually did.) 14.2. Termination Retroactive. Termination of the Tax Abatement Agreement for cause shall be retroactive to the effective date of this Agreement. Termination shall be effected by resolution of the Commissioners and written notice of termination shall be mailed to Blackberry. 14.3. Non Waiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's . right to subsequently enforce the same. default or any other prior or subsequent default. 14.4. Recapture of Taxes. On termination for cause, Blackberry shall then become liable for the payment of all taxes that would have otherwise become due but for this Abatement Agreement for all calendar years during which the Abatement Agreement was in. effect. Such taxes shall be paid to the Calhoun County Appraisal District to the credit of the County within 60 days from the date of receipt of notice of termination. All such taxes shall include statutory penalty and interest from the date they would otherwise have become 7 . delinquent, as if they had not been abated, until the date they are actually paid. 14.5. Administration and Enforcement. The administration and enforcement of this Agreement shall be in accordance with the terms contained herein and the Guidelines as adopted by the Commissioners on April 14, 2005. In the event of any conflict in the terms of this Agreement and the Guidelines adopted by the Commissioners, the provisions of this Agreement shall prevail, unless prohibited by law, then the Guidelines adopted by the Commissioners and their provisions shall prevail. 14.6. Asshmment. This Agreement may not be assigned, either in whole or part, without the express written consent of County. Any assignment is subject to the conditions contained in the Guidelines and this Agreement. Any attempt to assign this Agreement, except as provided herein, shall be null and void. 15. Tvpe of Le!!al Entitv. Blackberry Island, LP is a Texas Limited Partnership. The name and address of the registered agent for service in Texas is: Robert E. Fondren Three Riverway, Suite 120 Houston, Texas 77056 Blackberry shall notify the County within 60 days of any change in the registered agent or status of the Trust, or either of its primary owners and managers. 16. Notices. Any notices required to be given hereunder, shall be given in writing as follows: 8 ~. .,. (a) County: County Judge Calhoun County Courthouse 1300 N. Virginia Port Lavaca, Texas 77979 (b) Blackberry: Robert E. Fondren Blackberry Island, LP Three Riverway, Suite 120 Houston, Texas 77056 17. Reimbursement for Fees and EXDenses. Within 30 days from receipt of written notice, Blackberry will reimburse the County or its designee, for any expenses, directly or indirectly incurred by the County for processing and approving the Application for Tax Abatement, preparation and presentation of this Tax Abatement Agreement, and any other expenses reasonably incurred by the County in any way related thereto, including all expenses that may be incurred in enforcing or defending any term, covenant or condition contained in this Agreement. 18. Indemnitv. Blackberry hereby agrees to hold harmless and indemnify the County, each of its elected officials, all of its servants, agents and employees, and any designee (a person or legal entity designated to perform any function required under the County's Guidelines, or under the Tax Abatement Application, or by the terms of this Tax Abatement Agreement) and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees from the amounts of any and all liabilities, claims, costs, 9 II judgments, penalties, interest, court costs and attorney fees incurred by the County, each of its elected officials, all of its servants, agents and employees, or any designee, and the Calhoun County Appraisal District, its officers, directors, servants, agents and employees in defense of any claims occurring out of or in any way incident to processing the Application, or any other claim arising out of or incident to the terms, covenants and conditions contained in this Tax Abatement Agreement, or arising out of or in connection with the reinvestment zone, or the project subject to abatement. 19. Incontestabilitv. At the option of the County, this Agreement may be terminated, and all taxes that would have otherwise been due but for this Abatement Agreement will become due and payable within 60 days from date of written notice of the amounts due and owing, including penalty and interest as provided in paragraph 14 of this Agreement if any of the following events occur: (a) If Blackberry should contest any term, covenant or condition contained in this Agreement, or attempt to prevent or negate the enforceability of any of such terms, covenants or conditions; or (b) If any third party, firm, corporation or other legal entity should contest any term, covenant or condition contained in this Agreement, and prevent or negate the enforceability of any of such terms, covenants or conditions by final judgment in a court of competent jurisdiction; or (c) If any governmental agency should contest any term, covenant or condition contained in this Agreement, and either by enforceable regulatory order, or by final judgment 10 l ' of a court of competent jurisdiction prevent or negate the enforceability of any of such terms, covenants or conditions. 20. Assurances and Special Conditions. The County and Blackberry agree that the following assurances, promises and conditions are made by Blackberry expressly to induce the County to grant this Tax Abatement Agreement and that without such assurances, proniises and conditions the County would not have granted this Tax Abatement Agreement. Blackberry hereby expressly makes and agrees to be bound by the following representations, assurances, promises and conditions: 20.1. Accuracv of Information. That all information contained in Blackberry's Application and furnished to the County for incorporation in this Tax Abatement Agreement is true, complete and correct. 20.2. Authority to Si!!n. That the person who signed the Application for Tax Abatement Agreement on behalf of Blackberry had unrestricted authority to execute the Application, and that the person signing this contract document on behalf of Blackberry has the unrestricted authority to obligate Blackberry to all the terms, covenants and conditions contained in this Tax Abatement Agreement. By acceptance of any of the benefits provided hereunder, Blackberry has authorized the execution and delivery of this Agreement and represents that it is enforceable against Blackberry in accordance with the terms of this Agreement. 11 } , 20.3. Permits. That the project described in the Application, and this Tax Abatement Agreement will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that Blackberry will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the construction and operation of the project throughout its economic life. 20.4. AU Conditions to be Performed. That Blackberry will abide by all conditions of this Tax Abatement Agreement and the Guidelines adopted by the Commissioners applicable to this Agreement. 20.5. Public Health and Safety. That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. 20.6. Reauired to Make Specific Improvements. That Blackberry will make the specific improvements to the property as described in its Application. (See Exhibit "1") 20.7. Estimates/Strict Compliance. The actual value ofthe project as a result ofthe project that are at least 85 percent, or more of the estimated value shall be construed as substantial compliance. Unless estimates are expressly authorized, strict compliance is required. 21. Information to Determine Compliance. Blackberry covenants and agrees to provide within a reasonable time, not to exceed 30 days after written request, such information as may be required by the County or its designee, in order to determine compliance on Blackberry's part of the terms of this Tax Abatement Agreement. 12 } I 22. Value ofProiect After Abatement. The estimated value of the eligible property that is being abated will be at least $14,600,000.00 on January 1,2010. 23. Contract Terms and Conditions Survive Abatement Period. Unless sooner terminated under other provisions hereunder, all other rights, duties and obligations contained in this Agreement shall continue in full force and effect until all taxes levied in each of the three (3) years in which an exemption applied under this Agreement are fully paid by Blackberry, and all other covenants and conditions have been fulfilled. Provided, however, that no extension of the abatement period shall occur as a result of this Agreement beyond the 2009 tax year, it being the intent of the parties that three (3) years is the limit of abatement granted. 24. Miscellaneous. The following additional provisions are included and are made express conditions of this Tax Abatement Agreement in order to carry out the intent and purposes ofthe County's Guidelines, or to address any special problems or needs arising out of the uniqueness of the project, the Application, or Blackberry: 24.1. A2:reement Survives Reinvestment Zone. It is specifically understood and agreed that the designation ofthe reinvestment zone in which the eligible property described in this Tax Abatement Agreement is located is valid for a period of five (5) years from February 23, 2006, unless subsequently extended. The fact that the designation of the reinvestment zone may expire before this Agreement terminates shall not effect the terms and conditions of this Agreement. 13 -i' · 24.2. Payment of Taxes. During the term of this Agreement~ Blackberry's taxes shall be payable as follows: 24.2.1. The value of any ineligible property as described in the C~unty's Guidelines adopted on Apri114~ 2005 shall be fully taxable. I 24.2.2. The base year value of existing property not otherwise eligible for tax abatement as determined each year shall be fully taxable; and 24.2.3. The additional value of new eligible property in the reinvestment zone shall be taxable subject to the exemptions provided in Paragraph 11 above. 24.3. Conflicts of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas~ without regard to its conflicts of law rule. 24.4. Severabilitv. At the option of the County, the invalidity of anyone or more covenants, phrases~ clauses~ sentences, paragraphs or sections of this Agreement shall not affect the remaining portions of this Agreement or anypart hereof~ and in case of any such invalidity~ this Agreement may be construed as if such invalid covenants, phrases, clauses~ sentences, paragraphs or sections were not included. 24.5. Subtitles. The use of subtitles in this Agreement is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural and the use of plural shall include the singular when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. 14 / ,I . 24.9. Bindin2 Effect. This Agreement, in its entirety, shall be binding upon all the parties hereto, their respective successors and/or assigns. EXECUTED IN MULTIPLE ORIGINALS on the 23rd day of February, 2006, to be effective immediately. 15 .. ,'l-' ATTEST: Uh~~ d~w~ttUIL Anita F eke, County Clerk 1--- 1 COUNTY: COMMISSIONERS COURT CALHOUN COUNTY, TEXAS ~~~ Michael J. Peifer, OUD Judge Blackberry: BLACKBERRY ISLAND, LP, a Texas limited partnership By: Blackberry Island GP, LLC, a Texas limited liability company, its general partner By: C & 0 Development Corporation, a Texas corporation, its sole member and manager By: ~~ad- . Robert E. Fondr , Vice President 16 , ..~) " BLACKBERRYISLAND,LP Three Riverway, Suite 120 Houston, Texas 77056 February 17,2006 Honorable Michael Pfeifer and Honorable Commissioners Calhoun County Commissioners' Court 1300 N. Virginia St. Port Lavaca, TX 77979 Re: Request for Designation of Reinvestment Zone and Application for Tax Abatement for Blackberry Island, LP for "The Breaks". Subdivision located in the unincorporated portion of Calhoun County, Texas Dear Judge Pfeifer, Pursuant to the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement as a Business Incentive in Reinvestment Zones, please accept this letter as Blackberry Island, LP's request for designation of a reinvestment zone and application for tax abatement for a residential development on an approximately 22 acre tract currently platted as "The Breaks" located in the unincorporated portion of Calhoun County. We are asking that Lots 1, 2, 3, 4, 6, 12 and 13, Block A and such portion of Water Street that was closed by the Calhoun County Commissioners' Court from Seventh Street to the Northwest lot line of Lot 3, Block A, as shown on The Breaks plat filed of record, be excluded from the tax abatement, as we are not. the owners of these tracts at this time. We respectfully request that we be allowed to amend the request to include these lots should they become. a part of our inventory during the term of the agreement, should it be approved. Our partnership acquired this property (other than the lots identified above) on February 17, along with several adjoining properties, with the intent of developing a first class planned community which will ultimately include over 100 lots, a site for a 60 unit mid- rise condominium project, marina, pool, tennis courts and other community amenities. The first phase of the project includes "The Breaks" subdivision which we are hereby requesting your approval for a tax abatement and includes approximately 66 waterfront lots. Future phases include an additional 37 lots, the condominium tower and other community facilities and amenities. At the appropriate time, we may ask for additional tax abatements on these future developments as well. We envision all of our lots to be waterfront within a gated community with highly restrictive development guidelines and deed restrictions to create a community with high architectural standards. It is our goal for the community to be served by private streets with the utilities provided by the Port O'Connor Municipal Utility District. The developed values of the community will not only greatly increase the tax value of the EXHIBIT I 1 , y". i' -2- February 17,2006 property as currently utilized, but the project construction, including excavation, bulk- heading, concrete streets, utilities and the construction of the homes will create many jobs in Calhoun County. The ongoing maintenance of community facilities and homes will also create many permanent jobs for the County, for a minimum of 20 years and in all likelihood mahy more years beyond this conservative estimated life of the project. We plan on beginning construction by late February or early March of this year, and anticipate completion of Phase I by the summer of 2006. Attached please find the metes and bounds description as well as the current plat of the property. Thank you for the Court's consideration of this request and please feel free to contact me at (713) 623-2466 or Tom Schmidt with Urban Engineering at (361) 578-9836 if you have any questions or need any a4ditional information. Very truly yours, BLACKBERRY ISLAND, LP, a Texas limited partnership By: Blackberry Island GP, LLC, a Texas limited liability company, its general partner By: C & 0 Development Corporation, a Texas corporation, its sole member and manager REF/fa By: ~~~~ _ Robert . Fondre, Ice President "\ .,..or,.,fB. FrELDNOTE DESCRIPTION 22.59 ACRES STATE OF TEXAS } COUNTY Of' CALHOUN } All of that certain tract or parcel contain~ng 22.59 acres situated ~n the Santiago Gonzales SUNey, Abstraot no. 19 of Calhoun County, T eXlilS and being a porf:ion. of Lots 2 and 11 and aM of Lots 3 thru 10 in Blocks 203 thru 207; all of S,locks 212 thru 216; abandoned Commeroe Street Right-of-Way from the Northeast Right-of-Way line of 7th Street to the SouthwestRight-of-Way line of 2nd Street; abandoned Right-of-Ways of 6th Street, 5th Street, 4th Street and 3rd street from the Southeast Right-at-way Une of the re-Iocated Commerce street to the Northwest line of Water Street; an . aba'ndoned portion ofWatsr Street aU according to the pl>at of Port O'Connor Townsite recorded In Volume 2, Page 001 of the Calhoun County Plat Reoords and a,16o a part ofthe same property described as 2. 7361 acre~ In deed reco'rded in Volume 293, Pag,e 1197 of the Calhoun County Deecl Records and a part of the same property described as 2.0190 acres In deed rec<llrded In Volume 266, Page 417 of the Calhou,nCounty Official Records. . This 22.59 acres Is more particularly desoribed by metes and bounds as follows: BEGINNING at an existing 5/8 inch iron rod located at the intersection of the Northeast line of 7th street and the Soutfleast IJne o.f the re-located Commerce StfeeHor the West comer of this 22.59 acres being described; THENCE North 63022'00" East, with the Southeast line of Commerce Street a distance of 1740.00 feet to an existing 5/8 Inch Iron rocllocated at the Intersection of the Southeast line of Commerce street and the Southwest line of 2nd street fortne North comer of this 22.59 acres being deicrib$d; THENCE South 26"38'00" East, with the Soulnwest line of 2nd street, a d1stance of 505.00 feet to a 5/B inoh iron rod witt! pt.astlc cap set at the tllt61rsect:lon of the Sout11west line of 2nd street and the Northwest line of Water Street forthe East oomer of this 22.59 aores being desoribed; THENCE South 63D22'OO" West, with the Northwest line of Water Street, a distance of 1247.00 feet a 5/8 inoh iron rod with plastic Clil!p set for an. Interior comer of this 22.59 acres bel1'lg described; THENCE South 26036'00" East, with the Northeast line of the above referenced 20190 acre trac~ pass the existing edge of water of the Intracoastal Wat-erway at 1iI di&tanoe of 129.5 feet and continuing a total distance of 463.62 feet to the Northwest /tne of the Intracoastal W~ Easement for the Southeast corner of this 22.59 acres being described; TH'ENCE South 69"34'24".West, with the Northwest line oftMe Intracoastal Waterway Easement, a distance of 275.28 feet to the Southwest comer of this 22.59 acres being descnbed; THENCE North 26038'00" We$t a distance of 144.73 feet to a corner of this 22.59 acres being described; THENCE North 15045'53" East, pass the existing edge of water of the fneooastal Wa~rway at a distance of 30.2 feet and crossing the common Iifle of the above referenoeQ 2.7361 1iI0J1e tract aAd the said 2.0190 aore tract ahd continuing a total dlsta,nceof 102.33 feet to a 518 inch Iron rod with plastic cap set for an interior comer of this 22.59 acrelit being described; . THENCE North 26038'00" West Iii distance of 213.56 feet to a 5/8 inoh iron rod with plastic cap set in the Northwest fine of the abandoned pornon of Water Street for an imerior oomerofthis 22.59 acres being described; THENCE South 63"22'00" West, with the Northwest line of the abandoned porlilon of Water Street, a distance of 288.33 feet to the iniersection of the Northwest IJne of Water street and the North.east line of 7th Street for the South corner of this 22.59 acres being described; THENCe North 26038'00" West with the Northeast line of 7th Stree~ a distance of 505.00 feet to the PLACE OF BEGINNING I containIng within these metes and bounds 22.59 acres. This fieldnote description and a plat were prepared from a SUN~Y made on the gr-ound under my direction in September - December 2004. . EXHIBIT G& Hen A. Danysh Registered ProfesSional Land Surveyor, No. 50S8 j 1 PUBLIC HEARING REGARDING A PETInON FOR CONSENT TO CREATE FALCON POINT WATER CONTROL & IMPROVEMENT DISTRICT #1 CONSISTING OF 5849.13 ACRES: Judge Pfeifer opened the Public Hearing regarding a Petition for Consent to Create Falcon Point Water Control & Improvement District #1 consisting of 5849.13 acres at 11:25 a.m. Anne Marie Odefey spoke regarding the Petition for consent to Create Falcon Point Water Control & Improvement District #1, also present were Art Duncan, Developer, Tom Schmidt with Urban Engineering, Russell Douglas, Developer, and three of the proposed commissioners Chase Edwards, Tyson Tidwell & Andrew Hentrich. There were no public comments. Judge Pfeifer closed the Public Hearing at 11:30 a.m. TAKE ACTION REGARDING THE PETITION FOR CONSENT TO CREATE FALCON POINT WATER CONTROL. IMPROVEMENT DISTRICT #1 CONSISTING OF 5849.13 ACRES: APPOINT 5 TEMPORARY DIRECTORS TO THE BOARD OF FALCON POINT WATER CONTROL. IMPROVEMENT DISTRICT #1: . A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve receiving the Petition for consent to create Falcon Point Water Control & Improvement District #1 consisting of 5849.13 acres and appoint 5 Directors to the Board of Falcon Point Water Control & Improvement District #1 being Chase Edwards, Andrew Hentrich, Donnie Little, Tyson Tidwell and Greg Wailing. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. . ORDER UPON HEARING AND GRANTING PETITION REQUESTING CREATION OF FALCON POINT WATER CONTROL AND IMPROVEMENT DISTRICT NO.1 AND APPOINTING TEMPORARY DIRECTORS The Calhoun County Commissioners Court (the "Court" or "Commissioners Court") met in regular session, open to the public, Commissioner's Courtroom at the Calhoun County Courthouse in Port Lavaca, Texas, on the 23rd day of February, 2006, whereupon the roll was called of the members of the Commissioner's Court, to-wit: Michael J.. Pfeifer Roger C. Galvan Michael Balajka Neil Fritsch Kenneth W. Finster County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 All Commissioners were present except NONE WHEREUPON, among other business conducted by the Commissioners Court, Commissioner Kenneth W. Finster introduced the Order set out below and moved its adoption, which motion was seconded by Commissioner Balaj),i:a and after a full discussion and the question being put to the Court, said motion was carried by the following vote: AYE all ; NO 9--.. The Order thus adopted is as follows: There came on to be considered a petition, signed by a majority of the persons who hold title to land in the proposed Falcon Point Water Control and Improvement District No. 1 (the "District") which represents a total value of more than 50 percent of the value of all the land in the proposed District as indicated by the tax rolls of the Central Appraisal District, praying for the creation and establishment of a water control and improvement district to be known as Falcon Point Water Control and Improvement District No.1, situated wholly within Calhoun County which said petition has heretofore been considered by the County Judge of Calhoun County, and was set down for hearing and notice of said hearing was given for the time and in the manner prescribed by law. . And this Commissioners Court having conducted said hearing and having heard the eVidence, both oral and documentary, appeared and offered evidence with reference thereto, find the following: 1. That on the 24th of January, 2006, a petition duly signed by a majority of the persons who hold title to land in the proposed District which represents a total value of more than 50 percent of the value of all the land in the proposed District as indicated by the tax rolls of the Central I _ , " , , Appraisal District, praying for the creation and establishment of said water c~ntrol. ~nd improvement district, was presented to the County Judge of Calhoun County; that saId petItIon fully meets the requirementsoflaw relating thereto and specifically conforms to Sections 51.013 and 51.014, Texas Water Code, as amended; and that upon due consideration of said petition, the same was by proper order of the County Judge set down for hearing before this Court on February 23, 2006 at 10:00 o'clock a.m., in the Commissioners Courtroom at the County Courthouse, Port Lavaca, Texas, and notice of such hearing has been duly given in the manner prescribed by Chapter 51 of the Texas Water Code, as amended. II. That this Commissioners Court has jurisdiction to hear said Petition to determine whether or not the Petition should be granted and the District created, subject to a confirmation election, under the provisions of, and endowed with the powers granted by, Section 59 of Article XVI of the Constitution of Texas and Chapter 51, Texas Water Code, together with all amendments and additions thereto, that no part of the area described in Exhibit "A" which is attached hereto and made a part hereof for all purposes, is included within the limits of any other water control and improvement district, that no part of this area is within the limits or extraterritorial jurisdiction of any incorporated city, and that all of said territory may be properly included in said proposed District. III. That, after full hearing by the Commissioners Court of Calhoun County in which any person whose land is included in or would be affected by the creation of the proposed District was given an opportunity to appear before the Commissioners Court to appear and contest the creation of the District, in the manner autborized by Section 51.020, Texas Water Code, as amended, this Court affirmatively finds that said Petition conforms to the requirements of Chapter 51, Texas Water Code, that the projects to be undertaken by the proposed district are feasible, practical and necessary and that the projects would benefit the land inside the proposed district. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: Section 1. Said petition be and the same is hereby in all things granted, and an election shall be held to determine whether or not the FALCON POINT WATER CONTROL AND IMPROVEMENT DISTRICT NO.1 (the "District") be and the same shall be created. Section 2. If approved by the voters within the territory described in Exhibit" A", the District shall be created and organized over such territory as requested in the Petition, under the terms and provisions of Article XVI, Section 59, of the Constitution of the State of Texas, and Chapter 51 of the Texas Water Code, as amended. 2 i . i , ,. Section 3. The District shall be composed of the territory described in Exhibit "A" hereto situated wholly in the County. Section 4. It appearing that the following persons are each a resident of the State of Texas, own land subj ect to taxation in the District and are at least eighteen (18) years of age and are otherwise qualified as provided by law, the same are hereby appointed Temporary Directors of the District to serve until their successors are elected or appointed in accordance with law, as follows, to-wit: Chase Edwards Andrew Hentrich Donnie Little Tyson Tidwell Greg Walling A certified copy of this Order shall be filed with the County Clerk of Calhoun County, Texas and recorded by her in a book kept for that purpose. PASSED, ADOPTED, ORDERED AND EFFECTIVE this 23rd day of February, 2006. ATTEST: Anita Fricke, County Clerk By: UlJ;n~ M1\wirv Deputy Coun Clerk - i (SEAL) 3 , .. , EXHIBIT" A" 5865.88 ACRES THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 5865.88 acre tract of land situated partially in the Basilio Maldonado League, Abstract 26, partially in the Eusebio Hidalgo League, Abstract 21, the Maximo Campos League, Abstract 4, and the K. L. Welder, et al Survey, Abstract 260, Calhoun, County, Texas, and being comprised of all or portions of the following lots in the Calhoun Cattle Company's Subdivision of the Port 0' Conner Pasture: Lot 3, Section 4, Block G, Lots 1 and 2, Section 5, Block F, Lots 1, 2, 3, and 4, Section 6, Block F, Lots 1, 2, J, and 4, Section 7, Block F, Lots 1,2,3, and 4, Section 8, Block F, Lots 1 and 2, Section 9, Block F, Lots 1, 2, 3, 4, 5 and 6, Section 10, Block F, Lots 2, 3 and 4, Section 11, Block F, Lots 2 and 3, Section 2, Block E,Lots 1,2,3,4,5,6,7 and 8, Section 3; Block E, Lots 1,2,3' andA, Section 4, Block E, Lots 1,2,3 and 4, Section 5, Block E, said 5865.88 acre tract being comprised of a portion of that certain 7399.236 acre tract of land as conveyed from Lela Welder Cliburn, Individually and as Trustee under the Will of :Kathleen L. Moore, Deceased, to Ranch Land Partners, Ltd., a Texas limited partrlership,accordllg to instrument recorded in Volume 156, Page 665. of the Official Records of Calhoun County, Texas, and all of that certain tract of land described as the west portion of the J. Olcott Phillips tract as conveyed from Jay W. Cliburn, et al to Ranch Land Partners, Ltd., a Texas limited partnership, according to instrUment recorded in Volume 196, Page 573' of the Official Records of Calhoun County, Texas, and said 5865.88 acre tract of land . being that same 5868.98 acre tract ofland as conveyed from Ran,ch Land Partners, Ltd., a Texas Limited Partnership, to Falcon Point Ranch, Ltd., a Texas Limited Partnership. according to instrument recorded in Volume 293, Page 270 of the Official Records of Calhoun County, Texas, less that certain 3.10 acre tract ofland as conveyed from Falcon Point Ranch, Ltd., a Texas Limited Partnership to Terry R. Spoonemore, et ux according to instrument recorded in Volume 298, Page 394 of the Official Records of said COW1ty, said 5865.88 acre tract of land being more fully described by metes and bounds as follows: . BEGINNING at a point in the east shore line of San Antonio Bay and being in the east right-of-way lin~ of the Victoria Barge Canal (300~ KO.W.), said point bears North 19 deg. 12' 50" East, a distance of 1198.38 feet from' a Umted States Coast and Geodetic .. . . .' '.' Triangulation Station knowrias' Mosquito Point~"-Which saidmonumerit'is ldcated "at the''-'' "--:-CC~~-'~.~-'''7.-' extreme'west~mp9int offueEusebio Hidalgo League,-Abstract21 and.is also a comer- ofC':____.,.~~"--C.7-" : '-_',~",,~,,-",:';;';;L:',_,",." ~ the. said 7399.236 acre. tract; ..,.. i"" .,; . ,..... ,~".' ."". _ ~ _,,-'';:':=.=_~ :.'_..,."';. ~d.._:.,; :=:,~.,~ "~",o: _"~~~_:,.:__~~ =,. ! THENCE, in a northerly. direction with the east shore line of San Antonio Bay (not surveyed this date) also with the west line of Section 3, BlockE and Sections 9 and 10, Block F of the Calhoun County Cattle Company's Subdivision of the Port 0' Conner Pasture as described in said Volume 156, Page 665 as follows: i I ".-- . Page 1 of.~ Pages ...-'/",......1....\ . <.. '"_ ."".....;. i , I North 23 deg. 20' 26" East, a distance of 871.96 feet; North 22 deg. 24' 26" East, a distance of 1611.00 feet; North 26 deg.53' 26" East, a distance of 1378.10 feet; North 08 deg. 30' 26" East, a distance of2015.60 feet; North 07 deg. 15' 26" East, a distance of 1941.10 feet; North 00 deg. 59' 26" East, a distance of 693.10 feet; North 00 deg. 34' 34" West, a distance of 1106.40 feet; to a concrete monument found marking an angle point in the herein described tract; North 03 deg. 08' 34" West, a distance of 1649.10 feet and; North 17 deg. 17' 34" West, a distance of 951. 10 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap stamped "US! RPLS 4943") neat a barbed wire fence for a corner of the herein described tract; THENCE, with Sections 9, 8, and 5, Block F of the said Calhoun County Cattle .. .' Company's Subdivision of the Port 0' Connor Pasture and fuegeneral course of a barbed wire fence as surveyed this date: North 17 deg. 23' 06" East, a distance of611.32 feet to an existing fence corner post for an angle point; North 34 deg. 09' 58" East, a distance of 428.94 feet to a 5/8 inch diameter steel rebar found marking the west corner of the said 3.10 acre tract; . South 55 deg. 50' 02" East, a distance of 450.00 feet to a 5/8 inch diameter steel rebar found marking the south corner of the said 3.10 acre tract; North 34 deg. 09' 58" East, a distance of 300.00 feet to a 5/8 inch diameter steel rebar found marking the 'east corner of the said 3.10 acre tract; . . .;. ~ ,"';... .~'. ......~ . . ....'.....,.....'. ", ':'-:'-'7~::'-:-=--;: ".:-:..c~.c..-......c North.55deg.-50' 02". West,. a distanceof450.00 feet ofa.-5/8-inch diametersteel-c-c-:.-.-..,-c...-.--:.-.=_ -,=- c~:_:_.~.~.,","::.._"~^-'-~.~_ ;~- .-. ..rC;.bar found marking the north. corner, of the. said 3 .1 O. acre. tract; _...,c. ;' ".,:,c _~:"":_ ":,.;~,.".~ '~. C='C_='_~" North 34 deg. 09' 58" East, a distance of 1059.25 feet to a 1 inch diameter iron pipe found marking an angel point; North 69 deg. 14' 33" East, a distance of 1515.73 feet to a 5/8 inch diameter steel rod found marking a corner of the herein described tract; Page 2 of 6 Pages . . - '''-~~':;'''::;'+ -. . ,. .- . ..., . .. '."' . ..~ .,..- -.. -.--...--p,.... ," ~ '. .. ._ . H. -._ _. _. .... ... South 34 deg. 40' 39" East, a distance of 3085.49 feet to an existing fence comer post for an interior comer of the herein described tract; . . North 47 deg. 25' 49" East, a distance of1328.23 feet to an eXIstmg fence comer post for comer; North 02 deg. 31' 08" West, a distance of2097.18 feet a 5/8 inch diameter steel rod found for an angle point; North 13 deg. 03' 15" East, a distance of 1741.59 feet a 5/8 inch diameter steel rod found for an angle poirit; North 37 deg. 13' 49" East, a distance of912.43 feet a 5/8 inch diameter steel rod found for an angle point; North 27 deg. 20' 20" East, a distance of 1212.00 feet a 5/8 inch diameter steel rod found for an angle point; North 25 deg. 04' 48" East, a distance of 260.00feet a 5/8 inch diameter. steel rod found for an angle point; North 24 deg. 58' 29" East, a distance of 1443.16 feet a 5/8 inch diameter steel rod found for an angle point; North 41 deg.40' 19" West, a distance of 4463.77 feet to a.5/8 inch diameter steel rod found at the base of an existing fence comer post and in the current south right-of~way line of State Highway No. 185 (130' R.O. W.) marking the northwest comer of the herein described tract and said 7399.236 acre tract; THENCE, North 84 deg. 04' 30" East, with the south right-of-way line of said highway and a barbed wire fence, a distance of7604.04 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap) for the northeast comer oithe herein described tract; THENCE, South 03 deg. 23' 09" East, crossing said 7399.236 acre tract, parallel to and 50 feet west of an existing power line, a distance of 5422.33 feet to a 5/8 inch diameter . steel rod set (with yellow plastic cap) for an angle point; . . '. .' -7'" - '''-;'::;T;,:;~:",,.,]JIENCE, South 32 deg 44.' 19"-West,a distance,3964.92-feet toa-5/8inchdiameter',-""-,;,-,-,~~,~c".".",,. I ~. .~ n -"-~","""";~'~,:-,,,.,-,~s.1~~J rods~t (with yellow plastic. cap) for an. ang~e point;,..",,;,;:;;..:..._....,~, ~ .; -,-,~",~.b'_;.';._:' ,.::=;-"'_~;.~:__: :__ THENCE, South 18 deg. 54' 25" East, a distance of 100.00 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap) under a barbed wire fence fcrcomer of the herein described tract; Page 3 of 6 Pages . " . ... .. .-... .. . . _...____u,._.__._, THENCE, South 71 deg. 05' 35" Wes.t, along said fence, a distance of 3596.77 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap) at the base of a fence comer post for an interior comer of the herein described tract; THENCE, South 26 deg. 37' 40" East, a distance of3415.12 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap) at the base of a fence comer post for an interior comer of the herein described tract; THENCE, North 82 deg. 45' 59" East, a distance of 2867.27 feet to a 5/8 inch diameter steel rod set (with yellow plastic cap) at the base of a fence comer post for a comer of the herein described tract; THENCE, South 05 deg. 04' 42" West, a distance of 16633.44 feet to a 5/8 inch diameter . steel rod set (with yellow plastic cap) under a barbed wire fence for the southeast comer of the herein described tract and being in a line of the J. Olcott Phillips Patent and the. north shelf line of a marsh; . THENCE, in a westerly direction with the J. Olcott Phillips Patent and the meander of the shelfline of the marsh and the bay (not surveyed this date) asfoll~ows: . . South 52 deg. 31' 26" West, a distance of 977.67 feet; South 61 deg 51" 26" West, a distance of 1058.69 feet; South 30 deg. 05" 26" West, a distance of280.00 feet; South 34 deg. 50' 26" West, a distance of 575~00 feet; South 54 deg. 26' 26" West, a distance of990.00 feet; North 85 deg. 28' 34" West, a distance of 500.00 feet; South 66 deg. 01' 26" West, a distance of 820.00 feet; North 04 deg. 31' 26" East, a distance of715.00 feet; South 78 deg. i6' 26" West, a distance of250.00 feet; South 46 deg. 36' 26" West, a distance of280.00 feet; South 26 deg. 33' 34" East, a distance of 560.00 feet; . . ..... .' d. South 76 deg. 56.?26'~.West, a distance of385.00 feet;.. . .. ........ .,,,.~..., . .' . ""-~"''''~.''''7'",'7''C' .--~~North 81. deg.- 03~.j4?1 West; a distanc~'~f-41 0.00 feet alld;~'=-=~-'~''''-,~--, .~ ".'....c. --:-=---<_""'''''','.7'',. .,"_" ...0_._""' i' ".....~ '~~"'~"'":NOiih'59~deg~28' '34"'Wes( it aistance-or-820~ 76Ieefto'a=pbfut~... ~~~. '~i~O'=~~_=:;;'~-':~","~,~ ~"~ on the east right-of-way line of the said Victoria Barge Canal; THENCE, North 37 deg. 22' 22" West, with the east right-of-way line of said Victoria Barge Canal, a distance of 8475.85 feet to a point for the beginning of a tangent curve to the right;. Page 4 of~..Xe.g~~ .. . . -- ........ ... . . . ~.. -., ---..- ... ..- .~. . _. '....' ,"... - . . .......... . --'_._-~., . , . THENCE, with said curve to the right, radius = 3669.83 feet, interior angle = 07 deg. 08' 13", chord bears North 33 deg. 48' 16" West, 456.83 feet, for and ~c length of 457.13 feet to its point of tangency; THENCE, North 30 deg. 14' 09" West, continuing with said east right-of-way line, a distance of 529.13 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 5865.88 acre tract ofland, more or less. Bearings are based on Global Positioning System, Texas South Central Zone, NAD 83. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground in October, November 2001 and January 2002, and are true and correct to the best of my lrnowledge and belief. SA VB AND EXCEPT: :-:-'-:-.-.-;";. ":-,":: .~."= '}.:;<'-:-: '..~" ----:...-;,.,_.~:...-. ,_ _:'O-:-:',_:.__U""__"'."':__::"_' ...~- ::.:" .... "7 '-:-':-.~':'':":"''"~'" ........ "--:-::-- .. .... .~...: ~....... ""'"":--:7.-:-~~-~'-'-"'_~-~':"":'-_':~:.-:..'" - -'-:-'~':':.7-;'r.""",;" -'.-';',-':';:;-'.;..,..;"~ ....,.:- ,.-. .~.:";'.. ----------- -'T-- -_:...-=--_ _ . . ., .--'. . ...<:'. :.:..._;:;..:.~. _ ...::.., ..-..;......;.;..;..;-.;......;::;:; .....:..:..- .":'_', ..-' ..&:..:.. =- _':"':-'.<..,,;::.;; -"....;= _: -=;;.:-:--..;;'~'~ C:\docs\Fa1con Point WClD 1 \Docs\Legal Description 1-06.doc Page 5 of 6 Pages _.' .... ~ .,,, , .- ._.:_.:;.:'1:.:';" ._ _ .,' 16.75 ACRES THE STATE OF TEXAS} THE COUNTY OF CALHOUN} BEING a 1"6.75 acre tract ofland situated partially in the Maximo Campos League, Abstract 4, and partially in the Eusebio Hildalgo League, Abstract 21, Calhoun County, Texas and being a portion of Lot 3, Section 10, Block F, of the Calhoun Cattle Company's Subdivision of the O'Connor Pasture in Calhoun County, Texas, and further being a portion orthat certain tract of land described as 5865.88 acres as conveyed by Falcon Point Ranch, LTD to Seadrift Coastal Investors, Ltd., and Emerald Crest Development according to Special Warranty Deed recorded in Volume 410, Page 843 (File #00093485) of the Official Public Records of said County, said 16.75 acre tract ofland being more fully described by metes and bounds as follows: COMMENCING from a 5/8 inch diameter steel rebar (with yellow plastic cap stamped "URBAN SURVEYING, INC." found marking the most southeast comer of Lot 29, Block 2 of Bay Club at Falcon Point Ranch, Phase II, an addition in Calhoun County, Texas according to the established map and plat of said addition recorded in Volume Z, Page 699 (Slide 450AB) of the Calhoun CountY Plat Records; THENCE, South 10 deg. 33' 18" East, a distance of1200.06 feet to the POINT OF BEGINNING and northeast comer of the hereindesCrlbed tract; THENCE, South 03 deg. 51' 55" West, a distance of 458.53 feet to a point for the southeast comer of the herein described tract; THENCE, South 39 deg. 00' 31" West, a distance of 674.97 feet to an angle point in the herein described tract; THENCE, North 89 deg. 27' 37" West, a distance of 521.92 feet to a point for the southwest comer of the herein described tract and being on the shoreline of San Antonio Bay; THENCE, North 02 deg. 52' 19" West, adistance of 147.11 feet to an angle point on the -shoreline of San Antonio Bay; - - - THENCE, North 05 deg. OS' 49" East, a distance of241.88 feet to an angle point on the shoreline of San Antonio Bay; THENCE, North 02 deg. 04' 46 East, a distance of 422.30 feet to point on the shoreline of San Antonio Bay and being the northwest comer of the herein described tract; THENCE, North 80 deg. DO' 00" East, a distance of 415.04 feet to a point at the beginning ofa non-tangent curve to the left; THENCE, with said non-tangent curve to the left, Radius = 75.00 feet, Interior Angle = 65 deg. 46' 31", Chord Bearing = North 80 deg. DO' 00" East, 81.45 feet, for an arc length of86.10 feet to a point of non-tangency; THENCE, North 80 deg. 00' 00" East, a distance of 466.36 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 16.75 acre tract ofland, more or less. .I3~~ng~are base~ ~freco!~_inY<>.~~.e 41g,?~ge 843 of the Official Public Records ofCalhoWl County, Texas. ". .- '.- . .... - ." --'.:-:"'--::'-';"::"O':,-'''--''--''.':~--- ---.:-"'__~"-="'~;-_".,':'c.,.,__---.'CC".'.,,---. .....-. ._--~._-...~---.,.- .. '. ..... .". ','n . . ..." . . . "'- .. . . . .-......... .--'''','--'-' -- ~ . .n. ." ". ...,_ ... .... - -...-...--..--,'----., -. ,. ".... .-..--...-........-.-.... _ ..,.... _.. ......., ___.._uu _, '__ _ '__._...w:_ __."_,.---:,~.___.._.'.._.' ..__~_.. _,__". _._.____~,. "":-~ The foregoing fieldnote description was prepared from all actual survey made en- the ground under my supervision in January, 2006 and is true and correct to the best of my knowledge and belief. .-1f'1U~... ...r"!; () F .~......... /!!" -.~. I,r- ;\ /' ~.\....:~/t::\fl.c..~~&:....~, i~ ,it '-"'/Q:.... 1~"'" (:.\~.t. . l....;....".~:~.....".,;... ~ f. ., 1:p.F:',' T. HUOC'!C';< . ~ ".r:n:.4;4:3.~;<.,... .~ -~1...':l.'J."c;c~.\[J....t-':t" ."". ~) ..:....;. .....J ..J '<-.~ SUR-f:;':"'> -~'''::::c _" . .' Page 6 of 6 Pig~i J < J,., ; J,' ... , , ~ THE STATE OF TEXAS COUNTY OF CALHOUN CALHOUN COUNTY COMMISSIONERS COURT I, the undersigned, Anita Fricke, County Clerk, certify that the attached and foregoing is a true and correct copy of the Order Upon Hearing and Granting Petition Requesting Creation of Falcon Point Water Control and Improvement District No.1 And Appointing Temporary Directors and an excerpt of the Minutes of the meeting of the Commissioners Court showing adoption and passage thereof; and the original of said Order and minute entry is on file in the Commissioners Court records. WITNESS MY HAND AND OFFICIAL SEAL OF THE CALHOUN COUNTY COMMISSIONERS COURT, this 23rd day of February, 2006. l1l1m~ Anita Fricke Calhoun County Clerk (SEAL) C:ldocslFalcon Point WCID IIOrderslOrder Upon Hearing and Granting Petition2. wpd 5 ~ 9 .~ I ,I i I ESTABLISH APRIL 13~ 2006 AS DATE FOR PUBLIC HEARING REGARDING i ABANDONMENT OF AMERICAN TOWNSITE COMPANY SUBDIVISION. TRACT 1868: A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to establish April 13, 2006 as the date for a Public Hearing regarding Abandonment of the American Townsite Company Subdivision, Tract 1868. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. APPROVE THE PRELIMINARY PLAT OF AMERICAN TOWNSITE COMPANY SUBDMSION. TRACT 1868. RESUBDIVlSION. NO.1: A Motion.was made by Commissioner Finster and seconded by Commissioner Balajka to approve the Preliminary Plat of American Townsite Company Subdivision, Tract 1868, Resubdivision, No 1. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. See County Clerk's Preliminary Plat File. APPROVE PRELIMINARY PLAT OF PHASE II OF THE SANCTUARY SUBDIVISION. A 357.79 ACRE RESIDENTIAL SUBDIVISION: A Motionwas made by Commissioner Finster and seconded by Commissioner Fritsch to approve the Preliminary Plat of Phase II of the Sanctuary Subdivision, a 357.79 acre residential subdivision. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. See County Clerk's Preliminary Plat File. APPOINTMENTS TO THE MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES: Pass on this Agenda Item. REOUEST FOR CHANGE ORDER #2 FROM CERTIFIED/LVI ENVIRONMENTAL SERVICES. INC. IN THE AMOUNT OF $1.980 FOR ADDmONAL WORK ABOVE THE CONTRACTED SCOPE AT THE COURTHOUSE RENOVATION PROJECT: A Motion was made by Commissioner Fritsch and seconded by Commissioner Balajka to approve the request for Change Order #2 from CertifiedjLVI Environmental Services, Inc. in the amount of $1,980 for additional work above the contracted scope at the Courthouse Renovation Project. Commissioners Galvan, Balajka, Fritsch, Finster and Judge pfeifer all voted in favor. y.r-.. --. 11- jG, I 'I il I, I ~; I I. i, I! ~ I I ! :::r - .. ::::.: flfj"':'~:' .. . . .' :i~~~':~ .:: #::;~..::..~7f- SERVICES iy-F=:' '-. CettiBed/LVI Environmental Services Inc. 16018 UnivetSity Q1k San Antonio, 1X 78249 Tel: (210) 684--9126 Pax: (210) 479-3947 . smantonio@lvisetvices.com www.1viservlc.es.com Request for Cbane:e Order TerracoD 11555 Clay Road, sui.te 100 Houston Texas 77043 Phone: 713-690-8989 Fax: 713-690-8787 RE: Calhoun County County House Attention: Kevin Maloney Dear Mr. Maloney Ccrtified/L VI request to submit a change order for additional work above the contracted scope at the above referenced project. In the amou11t of$1980.00 for 140 lfof T81 at the proposed. $7.00 If and $1000 remobiHzation. Total $1980.00 ;;a~ Project Manager Certified /L VI KC~1M~O~ :!!::!.rJ /II:!>/() b HoustOn . San Antonio . Dallas . El Paso DECLARE THE ASBESTOS ABATEMENT PROJECT AT THE CALHOUN COUNTY COURTHOUSE RENOVATION PROJECT AS COMPLETE AND AUTHORIZE RELEASE OF RETAINAGE: A Motion was made by Commissioner Balajka and seconded by Commissioner Fritsch to declare the Asbestos Abatement Project at the Calhoun County Courthouse Renovation Project as complete and authorize release of retainage. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. -. .. SERVICES; 17 CertifiedjLVI Environmental Services Inc. 16018 University Oak San Antonio, TX 78249 Tel: (210) 684-9126 Fax: (210) 479-3947 sanantonio@lviservices.com www.lviservices.com RECEIVED RETAINAGE INVOICE r-n4 1 () :l' l'r.,. hJ' ,.":., ,,,J Calhoun County Courthouse 211 South Ann Port Lavaca, TX 77979 Attn: Honorable Michael J Pfeifer Project Description: Inv. No. Date: Project # Mike Pfeifer Calhoun County ,Judge 295093. 1-31-06 295093 Asbestos Abatement Calhoun County Courthouse Change Orders 1 & 2 Change Order Amount ...... ...... ......... ...... ......... ...... ... ... .... ......$2 50500 . , . Retention 10%...................................................... $ i ?'i Os.? ..................................... Total Due. . . . . . . . . . . . . . . . . . . . . . . . . . . $2 .................................................0 /17:9.95 Balance to finish including Retainage: $25.05 ' Invoice Terms: Net 30 Days Please remit to: CertifiedlL VI Environmental Services, Inc. 10500 Telephone Road Houston, Texas 77075 THANK Y<;lU FOR THE OPPORTUNITY TO ASSIST YOU! Houston . San Antonio . Dallas . EI Paso AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CALHOUN COUNTY -AND PFLUGER WIGINTON HOOKER. PLLC FOR THE CALHOUN COUNTY JAIL PROJECT IN THE AMOUNT OF A CREDIT OF $268.50 AND AUTHORIZE COMMISSIONER BALAJKATO SIGN: . A Motion was made by Commissioner. Finster and seconded by Commissioner Balajka to approve Amendment No.3 for the Professional Services Agreement between Calhoun County and Pfluger Wiginton Hooker, PLLC for the Calhoun County Jail Project in the amount of a credit $268.50 and authorize Commissioner Bala]ka to sign. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. c . AlA Document G606'" - 2000 r". L Amendment to the Professional Services Agreement TO: Michael Balajka (Owner's Representative) Aniendment Number: PSA #3 In accordance with the Agreement dated: March 25, 2004 BETWEEN the Owner: Calhoun County 1300 N. Virginia Street Port Lavaca, TX 77979 and the Architect: Pfluger Wiginton Hooker, PLLC 209 East Riverside Drive Austin, Texas 78704 for the Project: (Name and address) New County Jail Calhoun County 302 W. Live Oak Port Lavaca, TX 77979 Authorization is requested ~ : ~roc~~ Additi~nal Services Or a Change in Services mcur tional Reimbursable Expenses. . As Follows: I) Deduct from Owner/Architect A ($2,861.00) greement the relocation of the light fixture and . i~ The intial "pl~ review"of parking lot $467.50 repm of the padded wall system. 4 ADA final re~ew of the jail $575.00 ) AD~ final reVIew of the parking lot $350 00 5) ProVIde des" . Ign serVIces for desk and partition wall' Rec m ords room 1029 $1.200.00* Professional Services Fee (Deduct) ($268.50) * Desk / Partition Design 1) Design, Review, Coordination 2 Hrs 2) Paperwork 2 Hrs. @ $100 00 / Hr . @ $200.00 / Hr. 3) CADD Work 10 Hrs. @ $60.00 / Hr. The following adjustments shall b mad . (lnsen provisions in accordanr:e e.th 'hee to compensation and time. WI t Agreement. or ''he' . ' as 0.. rwlSe agreed by t'he parties.) Compensation: (Deduct) ($268.50) Time: --- N/A r--. L I ' (-- \.-. li2:K1 (SI e) ~h, AlA, Construction (Printed name and title) oz.. 08' 20'" (Date) AGREED TO: '-W\..;..o.2. ~~ (Signature] . Mi~hael Balaika, Commissioner Precinct 2 (Pnnted name and ~) 0;1. - DCZ> 0 b (Date) . . AlA Document G606l11 2000. Prol8cl8d by U.s. Cop':;~ Copyright 02001 by The American Insti . may result In ,....ht Law and International TreatIes. Unaut tule of Atchitectll. All rights I'8lIel'Y8d. WARN, · by AlA software -- c:IvIJ and criminal penaltlea, and WID be horIzed reproduction or dlatrlbutlOJ'l of thla .IHG. ThI. AlA Document I. User Notas: at 15:.15:12 on 0210612006 under Order No.100tt~chthe maximum extent posaJbIe under":. &~:t,docuor any portlOJ'l of It, - 91CPi- on 5116J2006, and Is not for 1llSIIle. . ment was ptOduced (3307616718) . . N OF THREE G~NnE BENCHES FROM THE ROLAND APPROVE AND ACCE7 DONA~~R PLACEMENT AT MAGNOLIA BEACH PARK: AND VIRGINIA CAIN. AMIL Y ... . ..' . d econded by Commissioner Fritsch to approve A Motion was made by Commlsslo~er Finster an. s the Roland and Virginia Cain Family for and accept donation ?f threehgpranklte ~~~:~i:~:S Galvan, Balajka, Fritsch, Finster and Judge placement at Magnolia Beac. ar. . pfeifer all voted in favor. APPROVE CONTRACT WITH IKON FOR THE COUNTY JAIL TO UPGRADE ~OPIER AND ADD ANOTHER COPIER AND AUTHORIZE THE COUNTY JUDGE TO SIGN. Motion was made by Commissioner Galvan and seconded by Commissioner Bala~ka to approve A. ct with IKON for the County Jail for an upgrade and to add anothe~ cople~ and , ~~~h~~~~he Judge pfeifer to sign the contract. Commissioners Galvan, Bala]ka, Fntsch, Finster and Judge pfeifer all voted in favor. . i \ I I Document Efficiency At Work.... COUNTY OF CALHOUN Equipment Removal or Buyout Authorization Customcr Namc: Contact Name: Address: State: TX Zip: *#&lmmmm:rt'i'MillMtiiiw.$.fifijifWiWii//::;::m{t/t/t I CANON, 3300, MPII09964 o Check if additional Product Description page(s) attached 1bis Authorization applies to the equipment identified above and to the following Removal/Buyout option: [CHECK ONE] Phone: City: Fax/Email: Date Prepared: 361-553-4646 PORT LAVACA 361-553-6337 :.:.::::Ktt?J)mMn~t~i~r~~:;:?~~:t!t:?i1t~~:~!::t;:~:~~:tgt:i:i:~~:H?:f~}fi~f?:i:!:i~~miNr%}ff~!i#!Wrtfr#?!%fr~~!i~i!~!~~~~i~i~~i!i;m! o EQuioment Owned bv Customer. This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are owned by you, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written fomi) to us from time to time for such purpose. By signing below, you confirm that. with respect to every removal request issued by you (I) IKON may rely on the request, (2) the request shall be governed by this Authorization, (3) you have good, valid and marketable title to such equipment and have satisfied all payment and other obligations relating to such equipment which may be owing to any third party under any applicable lease, financing, sHle or olher agreements, (4) you have obtained any and all necessary consents and approvals required to authorize IKON to remove such items of equipment and to take title thereto, and (5) by this Authorization, YOll hereby transfer good and valuable title and ownership to IKON to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and you will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in IKON. IKON does not assume any obligation, payment or otherwise, under any .lease, financing, sale or other agreements relating to any equipment Such agreements shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you to any third party in respect of all equipment identified in the removal requests issued by you. o EQuipment Leased bv Customer from IKON IOS Capital or IKON Financial Services. This Authorization will confirm that you desire to engage IKON to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, WId that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (I) IKON may rely on the request, and (2) the request shall be governed by this Authorization. If you are entering into a new lease with IKON or IKON Financial Services in connection with the upgrade of currently leased equipment, IKON agrees that following acceptance, the new lease will terminate the existi ng lease with respect to any upgraded equipment. Except for the obligations of IKON to pick-up and remove items of upgraded equipment. IKON does not assume any obligation, pnyment. or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harinless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement o Equipment Leased by Customer from a Third Party. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance certificate), service and/or other agreement ("Agreement") between IKON and/or IKON Financial Services, IKON agrees to pay to (A) 0 the customer (and Customer hereby agrees to promptly pay such amount to the below named payee ("Payee")), or (B) 0 the Payee identified below, an amount ("Buy Out Amount") equal to , 10 payoff and/or reduce Customer's obligations owing under that certain equipment lease agreement no. ("Third Party Lease") between Customer and Payee relating to the equipment identified in the Third Party Lease ("Equipmenf'). o W.9 included 0 Third Party Quote or Proof of Buyout Amollnt attached Mailing Method 0 -'Jail Check (Regular) 0 Overnight Check Payee Name: Vendor Code: Address: City, State, & Zip Code: Attention: Distribution Code (for 3rd party transaction): The Buy Out Amount represents the total amount payable by IKON for such purpose. IKON sbull have nO obligation, and does not assume my obligation, under the Third Party Lease. Customer acknowledges that Customer is solely respcnsible to make payments to the Payee under the Tbird Party Jea~e, to return the Equipment at the appropriate time to the appropriate location as determined by the Payee, and to fulfill any and all payment and oth.er obligatio~s under the Third Party Lease. Customer agrees to indemnifY and hold IKON harmless from any losses, damages, olaiins, suits and actions (mcluding reasonable attorneys' fees) arising from the breach by Customer of any of its obligations oontained in this authorization and/or the Third Party Lease. AGREED AND ACCEPTED: CUSTOMER By: '11\~1~ \-- O~X Name: Michael tti~if{r Title Calhoun County Judge Date: 02-23-06 .mDflRtl\:Y..l!il5~i_. III 012706 IKON OFFICE SOLUTIONS, INe. Prepared By: Approved By: Name: Title: Date: IKON Sales Forms f -. STATE AND lOCAl. GOVERNMENT Product Schedule Image Management Plus l1li Document Efficiency _AtWork.'" Product Schedule Number: State aDd Local Governmenr Master Agreement Number: This Image Management PhlS Product Sc?edu~e ("Sched~en).is m~delan of the State and Local Government Master Agreement ("Master A,g::~:::~::~:.~~;~ on this Schedule between IKON Office Solutlons, Inc. (wetedo~ USth). a~~ duJ and ade a part hereof. It is the intent of the panies that this Schedule be separately All terms and conditions of the Master Agreement arc mcorpora mto IS e e m enrorceable as a complete ,md independent agreemen~ independent of all other Product Sdledulcs to the Master Agreement. CUSTOMER INFORMATION COUNTY OF CALHOUN Customer (Bill to) 211 SOUTH ANN STREET SAME Product Location Address PORT LAVACA TX 77979 Address City Coun ty State Zip City County State Zip Fax NumberlE-mail Address: Customer ContaCt Name: Customer Telephone Number: TIM SMITH 361-553-4646 PRODUCT DESCRIPTION ("PROOUCTS") Quantity Equipment Description: Make, Model & Serial Number tisd.net QUt.Jntitv Equipment Description: Make, Model & Serial Number PAYMENT SCHEDULE Minimum 'IeI'm (mos.) 48 Cost Per Image Meter RcadinglBilling For Additional Images _Monthly _LQuarrerly _Other $ Minimutll Payment IA'ithout Tax $ ;\fiR 00 Payment D -X-,\1onthly _Quarterly _Other Sltles Tux Exempt~ Oi( Yes (Artolch Exemption Cettific-.ue) Custolllt::r Billing Reference Number (P.O.#, etc.) I\ddendum(s) Attached: 0 Yes (Check if yes and indic4te total number of pa~es: -----.J TERMS AND CONDITIONS l. The fir."t Paymenr will he elm: on [h~ EFfC:Clivt: Dare. The: deliver)' datei:uo he indicated by signing a .o;Cp3~tc..: IH:ecptancc foml. 2. Yt)u, the undersigned Cu.~tomcr, have applied to us to use: the ahovc-des:cribed items ("})rodut:ts") for J:awfuJ commcn:ial (non-eonsumer) purpo.'\c.... TIns IS AN UN<;ONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we aca:p' chi, Sdledule. yuu agree '0 use the abo>e Product(s) on all rhe term' hereof. includiog the 'lerms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMEVI'. 3. Image Ch:u:~s!M:eterc;' In return for the j\.tinimum Payment, you arc entided W lIse the number of Guaranteed MiniRl\un Monthly/Quarrerly/Orher Images. If }'OU use more than rhe <.:ilwrameed h1inimum Monthly/Quarterly/Other Images in an}" monthly/quarterly/other period, as applicable, you will ilddidonallr par a charge C:llual ro rhe number of additjonal metered images times the Cost of Additional lmagt"s. If we determine rh3r )'OU ha\'~ ll.';eu mOTe than 20'X, over thc m3nuf.u.:turcrls n,,"t."ommcndcd :'ipct.;iications for supplies, you a!,'TCC [0 P3Y reasonable charges for those ex~ss supplies. The me[t:r rcatlin!, fn:lJ.UCJ1CY is the period of rim(. (monthl)', quarterl)', semi-annually 'or annuaJly) for whidl the number of images used ",ill be reconciled. The meter n:aliing" frequency and t;orn:'sponding additional charges, if 1m}", may be different th"n the Afin;nl\lm P"yment }"requency. You wilJ provide us or our Je!<ignee with lhe aClUal meter reading upon requC:$t. If such metel' rcadin!(' is not received within 7 da~'s. we Inay estimate the numher of images tlS~1. Adjustmenrs for estint~tet.l charges for addi~ nonal images will be mlulc upon rct.-eipr of actuill merer rcadin!:,P'S. Norwithstlllding any adjustment, you'will never poly less mol" the Minimum Payment. 4. Adllirional Provision.') (if 3ny) arc: Cl:STOMER X Title: Date; IKON OFFICt: SOLUTIONS, INC. X Title: Date: Auth(lr;7,$l(.s~gnc\ 0 (\!!# -~~_ . .r~Ol1nty (AuthLlrized Signers printl!d n,ln : ; Authori7.ed ~ign<::r J.udge o Z=~,;3,=Q 6 (Allthori1.eJ Signer'~ printed n~lmt") y <.r""' ,,'.~ ",' '~f:...-dl'... ",-'...' '~"""~"f ,,-Fi."~. .:'>. >"' ~ 'I "~ '.'", ~ ,~"~,_, ( '( !".~. ~ "....., '~'), ~ ~ ;<', " ~.){., ," ,.; ",:" '-, ':'" -, ;",-,';:-,,\,. <~-, <<..:_<-..i.-<;:-tiJ88;:p..$~fK/)N-.WWW.lkiJN..ciint..<..~...-. i~,':' ~-,_,\~-<}J<;-_,~.,\" _ , . "",~.::; ,'I.. "' :,', , >,' ", " >,,' :,,<.".',' :'<;~~"';";~:'"~<'/<';~~~;':"':~i;~1'~~:<;::;,:'.~',,;:'/,' :, ::-":",;~(._:~<,:'::<~f>':,,,,,,~~.':~;~:':<:~"::<':',~;~:.,,_\~::.:,'.,'::<:~"" ',,-:,', ,,' ::.: f \ \ Work Order - USA IKON Office Solutions, INC. Professional Services ase 0 e ase ena mal ress 0 e te 0 ervlces: 2/1512006 u mer mus a rea ean cu omer 0 use s rmwl OU engpa . Bill ToCust No.: Pymt Method: _ Bill To Customer: COUNTY OF CALHOUN Address: 211 SOUTH ANN STREET City: PORT LAVACA State:~ Customer Contact: TIM SMITH IKON Sales Rep: GEORGE ALEXANDER MPS: Ship To Customer No.: . PO No: Ship To Customer: COUNTY OF CALHOUN Address: 211 SOUTH ANN STREET Zip: 77979 City: PORT LAVACA State: ~ ----=riiie: Phone: 361-553-4646 Phone: 361-550-7497 ESS: PO Date: Z1p:~ OSS: TIM AKERS SAlSSA: Deserl on of ProfeSllonal Services Professloaal Services Provided ASIC PRINTER CONNECT FEE B&W SEG 3 (31-40 PPM) o Design and perfODll solution implementation plan o Install and configure printerinterface 0 Assist customer in connecting to their network o hutbilllU1d Retllp print drivers/PPD'A on up tn two (2) workRbllionll o Printer operator tRining for lead operator / administrator o End mer trtUning for print driVen/PPO'8 forup to two (2) persons elK-ON Code ..k 1 PS-SE 3 ~ , Total Price: 0.00 This Work Order sbaII be effective as 01 tbe date of esecutton by both IKO~ and CU&ton>>r. By "gblDe below, the IIDderdgDed npr'e:seat that they are duJy authorized to eater hlto this Work Order em hehalf of their f'eqlectfve entttIe!ll. Ol\.ID Code UnitS (SUBS TO gSnA027AA} c.u:'ON COPmR. IRl57G Price Notes: $365.00 CUSTOMER IKON OFFICE SOLUTIONS, INC. B: Name: Tille: Date: Name: Titllj; Date: TERMS AND CO~mONS The peIformnnce by IKON of the Services described in this Work Order is subjeotto ond: shall be governed solely by the following terms and conditions: Customer engages IKON to perfonn the services described in this Work Order (the "Services"). Changes to the scope of the Services shall be made only in a written change order signed by both parties. IKON shall have no obligation to commence work in connection with any change until the fee and/or schedule impact of the change and aU other applicable tenns are agreed upon by both parties in writing. IKON shall provide the Services at the Customer location set forth herein or on a remote basis. In consideration of its Services hereunder~ Customer shall pay IKON the Service fees in the amounts and at tile rates set forth above. Customer shall pa.y all amounts payable to IKON hereunder within thirty (30) days of the date of the invoice submitted by IKON. If IKON undertakes collection or enforcement efforts, Customer shall be liable for all casts thereof, including. without limitation, reasonable attorneys~ fees and late charges. IKON may suspend or tenninate Services for non-payment. Customer shall be responsible for payment of any applicable taxes arising in. connection with the transactions contemplated hereby (other than with respect to the income of II(O~. Customer shaU provide [KON with such access to its facilities, networks and systems as may be reasonably necessary for IKON to perform its Services. Customer acknowledges that IKON's performance of the Services is dependent upon Customer's timely and effective peIformance of its responsibilities hereunder. Unless .connectivity services ate specifically identified in tne Ta,<;k and Description ~ection ofthi~ \Vork Order 8S part oftne Rervlce.<; to he performed hy TKON, TKON shall nave no ohligation to perfOTiTl and no re.~p<m!;ihility for the connection of any hardware or software to any CUstomer network or system. IKON sIBil perform its SeIVices in a professional manner. IK.OK is not the manufacturer of any of the software. tools and/or products utilized in connection with this Work Order. IKON shall. however. make available to Olstomer 811)' warranties made to IKON by the manufacturers of the software, tools and/or products utilized by IKON in connection with its Services hereunder.. to the exrent transferable and without recourse. EXCEPT AS EXPRESSLY SET FORTH HERElN. IKON MAKES NO WARRANTIES. EXPRESSED OR IMPLIED. INCLUDING WARRANTIES OF MERClIANTABIT.ITY. OR f1TNESS FOR A PARTICULAR PURPOSE. IN CONNECTION WITH THIS WORK ORDER AND THE TRANSACTIONS CONTEMPLATED HEREBY. IN:O<O EVENT SH.tU.L IKON BE LIABLE TO CUSTO~R FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DA-\.!AGES OR LOST PROmS ARISING om OF OR RELATED TO TillS WORK ORDER OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF IKON HAS BEEN ADVISED OF THE POSSIBIIlTY THEREOF. IKONS LIABIIlTY TO CUSTOMER HEREUNDER. IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO IKON HEREU1\1)ER BY CUSTOMER. IN NO EVENT SHALL IKON BE LIABLE TO CUSTOMER FOR.'\NY DAMAGES RESULTING FROM OR RELATED TO ANY FAIT.URE OF THE SOFTWARE, INCLUDING. Bm NOT LIMITED TO, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES UNDER TillS WORK ORDER IKON ASSUMES NO OBLIGATION TO PROvIDE OR INST."UL ANY ANTI-VIRUS OR SIMILAR SOFTWARE A1\1) THE SCOPE OF SERVICES CONTE!Io1PLATED HEREBY DOES NOT INCLl.1)E ANY SUCH SERVICES. Except for purposes of this Work Order, IKON shall not use or disclose any proprietary or confidential Customer data derived from its Services hereunder, provided, however, that IKON may use general statistics relating to the Service engagement so long as it does not disclose the identity. of Customer or make any reference to any information from which the identity of Customer may be reasonably aScertained Customer agrees that dwing the term of the Services and for a period of one (I) year after termination thereo( it shall not directly or indirectly solicit. hire or otherwise retain as an employee or independent contractor any employee of IKON that is or was involved with or part of the Services. This Work Order represents the entire agreement. between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals. representations or communications, oral or written, of either party. This Work Order may be ameruled only in writing executed by the authorized representatives of both parties. Any purchase order, service order or other Omtomer ordering document will not modifY or affect this Work Order, nor ha"e any other legal effect, and shall serve only the purpose of identifying the service ordered This Work Order may not be transferred or assigned by OJstomer without the prior written consent of IKON. This Work Order ahall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law. The relationship of the parties is !hat of independent contractors. IKON shall not be responsible for and shall be excused from performance or have reasonable additional periods of time to perform its obligations where it is delayed or prevented from performing any of its obligations for reasons beyond IKON., reasonable control. including. without limitation, acts of God, natural disasters,labor disputes. strikes or unavailability of services. personnel or materials. This Work Order is separately enforceable as a complete and independent binding agreement,. independent of aU other Work Orders, if any. By signing, the Customer acknowledges and accepts the terms and conditions of this Work Order, and confirmS that the undersigned has the necessary power and authority to enter into this Work Order on behalf of Customer. 11111~t~!~~~111I11 020906 IKON Sales Fonns ~~L':~:~~~~~~~r:.~:~:;~~~~ :~:=:~~~~~;~~~= THE TAX RESALE DEEDS: . A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve the Resolutions providing for the sale of property acquired by the County of Calhoun at . delinquent tax sale and authorize Judge Pfeifer to sign the tax resale deeds on the fOIlOW~9 ro erty. Lot 48, Seahorse Reef, Calhoun County, Texas, Lot 19, Block 102, Alamo Beac ~U~ivisi~nCalhoun County Texas, 0.12 Acre out of Abstract 5 of the J. Cano Surv~y, Blo.ck 1, Tract 56, I~dianola Park Are~, Calhoun County, Texas. Commissioners Galvan, Bala)ka, Fntsch, Finster and Judge Pfeifer all voted in favor. RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, Lot 48, Seahorse Reef, Calhoun County, Texas was offered for sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, pursuant to TEX. PROP. TAX CODE ~34.01(c); and WHEREAS, TEX. PROP. TAX CODE ~34.05(a) provides that we may accept a sufficient bid. A bid of ONE THOUSAND ONE HUNDRED AND NO HUNDREDTHS DOLLARS ($1,100.00) has been made by Hector Venecia and THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that the County Judge is hereby authorized to convey Lot 48, Seahorse Reef, Calhoun County, Texas to Hector Venecia for the sum of ONE THOUSAND ONE HUNDRED AND NO HUNDREDTHS DOLLARS ($1,100.00) payable to the Calhoun County Appraisal District for distribution as provided by law. PASSED, APPROVED AND ADOPTED TIllS 23' 2006. day of February 'J)f\{\ ~Q, County COIrumssIOner, CO~~3 /f~Cu~ County CommissIOner, Precinct 4 C . . . TAX RESALE DEED ~~~~Eo6RCg~I~~~J1~~~to~~g~~JJ~=J'J~~~iJ~~~~T BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURI NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: February 7, 2006 GRANTOR: County of Calhoun GRANTEE: Hector Venecia GRANTEE'S MAILING ADDRESS: 2110 McPherson, Port Lavaca, Texas 77979 CONSIDERATION: ONE THOUSAND ONE HUNDRED AND NO HUNDREDTHS Dollar~ ($1,100~09) PROPERTY: Lot 48, Seahorse Reef, Calhoun County, Texas being that property more partlcularly described in Volume 328, Page 424 of the Deed Records, Calhoun County, Texas; Account Number 000000022701 . .. TAX FORECLOSURE LAWSUIT: Cause No. 2000-10-5278 Calhoun County AppraIsal DIstnct v. Billy M. Andrison et al GRANTOR for and in consideration of the amount set out above, and subject to the reservations from and exceptions'to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under the TAX FORECLOSURE LAWSUIT referenced above. TO HA VE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof. GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including, without limitation, any warranties arising by common law or Section 5.023 of the Texas Property Code or its successor. GRANTOR has not made, and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the PROPERTY, the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR does not make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults". This conveyance is expressly made subject to property taxes for the tax year 2006 and subsequent years. . This conveyance is expressly subject to any existing right or redemption remaining to the former owner of the PROPERTY under the provisions of law. This conveyance is expressly subject to all easements and restrictions of record. Purchaser agrees to comply with all county and city ordinances and regulations concerning trash, weeds, and junk. . When the context requires singular nouns and pronouns include the plural. IN TESTIMONY WHEREOF the GRANTOR, pursuant to Secti~n 34.05 of the Texas Property Tax Code, has caused these presents to be executed on the date set forth In the acknowledgement attached hereto, to be effective as of DATE. ' County of Calhoun BY~~ Mike Pfeifer THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1L day of February , A.D., 2006. - ~. - ~ ""'~~'~~"" Susan Riley ,:0,. ...~:I" ... f..\....~.::"\ Notary Public, State of ,eXlS ; ..:. . '~'.. My Commission Expires: *'~. .. \~:i i, \\~ April 18 2008 "h,lll"" t Notary Public, State of Texas My commission expires ) t' RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, Lot 19, Block 102, Alamo Beach Subdivision, Calhoun County.. Texas was offered for sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a Judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, pursuant to TEX. PROP. TAX CODE ~34.01(c); and WHEREAS, TEX. PROP. TAX CODE ~34.05(a) provides that we may accept a sufficient bid. A bid of THREE HUNDRED AND NO HUNDREDTHS DOLLARS ($300.00) has been made by Tamera and/ or Barry Atkins and THEREFORE, BE IT HEREBy RESOLVED by the County of Calhoun Commissioners Court that the County Judge is hereby authorized to convey Lot 19, Block 102, Alamo Beach Subdivision, Calhoun County, Texas to Tamera and/or Barry Atkins for the sum of THREE HUNDRED AND NO HUNDREDTHS DOLLARS ($300.00) payable' to the Calhoun County Appraisal District for distribution as provided by law. ' PASSED, APPROVED AND ADOPTED TillS 23 2006. day of February ~~ Coun y ommissioner, Precinct 3 ~tu~~ County Commissio er, Precmct 4 .' TAX RESALE DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM TillS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: February 7, 2006 GRANTOR: County of Calhoun GRANTEE: Tamera and/or Barry Atkins GRANTEE'S MAILING ADDRESS: 403 Garwood St., Smithville, Texas 78957 CONSIDERATION: THREE HUNDRED AND NO HUNDREDTHS Dollars ($300.00) . PROPERTY: Lot 19, Block 102, Alamo Beach Subdivision, Calhoun County, Texas bemg that property more particularly described in Volume 'Y, Page 319 of the Deed Records, Calhoun County, Texas; Account Number 000000035083 . TAX FORECLOSURE LAWSillT: Cause No. 2005-2-5527 Calhoun County Appraisal Distnct v. John W. Ryan et al GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under the TAX FORECLOSURE LAWSUIT referenced above. TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof. GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including, without limitation, any warranties arising by common law or Section 5.023 of the Texas Property Code or its successor. GRANTOR has not made, and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the PROPERTY, the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR does not make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults". This conveyance is expressly made subject to property taxes for the tax year 2006 and subsequent years. This conveyance is expressly subject to any existing right or redemption remaining to the former owner of the PROPERTY under the provisions of law. This conveyance is expressly subject to all easements and restrictions of record. Purchaser agrees to comply with all county and city ordinances and regulations concerning trash, weeds, and junk. . . When the context requires singular nouns and pronouns include the plural. IN TESTIMONY WHEREOF the GRANTOR, pursuant to Secti~n 34.05 of the Texas Property Tax Code, has caused these presents to be executed on the date set forth III the acknowledgement attached hereto, to be effective as of DATE. County of Calhoun By J1iA~( fJi-r-- Mike Pfeifer THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of ~"bruary , A.D.,~. ~~ t2 .~ """" S sa D..... ~ ~..~~;~f.~~1;,,~ un...., ~h:'~. \io\ Notary Public, State of Texu . "~~~1 My Commission EJpIres: . .\,~ April 18. 2008 Notary Public, State of Texas My commission expires . . .. REsOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, 0.12 Acre out of Abstract 5 of the J Cano Survey, Block 1, Tract 56, lndianola Pa~k Area, Calhoun County, Texas was offered for sale by the Sheriff of Calhoun County, Texas at a publIc auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, no sufficient bid was received. and the property was struck off to the County of Calhoun, Texas, pursuant to TEX. PROP. TAX CODE ~34.01(c); and WHEREAS, TEX. PROP. TAX CODE ~34.05(a) provides that we may accept a sufficient bid. A bid of ONE THOUSAND TWO HUNDRED AND NO HUNDREDTHS DOLLARS ($1,200.00) has been made by Kevin W. Pruett and THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that the County Judge is hereby authorized to convey 0.12 Acre out of Abstract 5 of the J Cano Survey, Block 1, Tract 56, Indianola Park Area, Calhoun County, Texas to Kevin W. Pruett for the sum of ONE THOUSAND TWO HUNDRED AND NO HUNDREDTHS DOLLARS ($1,200.00) payable to the Calhoun County Appraisal District for distribution as provided by law. PASSED, APPROVED AND ADOPTED TillS 23 2006. day of February .~~ co~ omnussioner, Precinct 3 ~~w~~ 06unty Commlssio r, Precinct 4 ~ TAX RESALE DEED ~~~E06RC~=~~lf:J<;6Ito~~gu~~~=J'~~iJ2.g~*T BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURI NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: February 7, 2006 GRANTOR: County of Calhoun GRANTEE: Keven W. Pruett GRANTEE'S MAILING ADDRESS: P.O. Box 1768, Port Lavaca, Texas 77979 CONSIDERATION: ONE THOUSAND TWO HUNDRED AND NO HUNDREDTHS DC?llars ($1,200.00) PROPERTY: 0.12 Acre out of Abstract 5 of the J Ca'}o Survey, BlC?ck 1? Tract 56, lndlanola Park Area, Calhoun County, Texas being that property more partIcularly descrzbed In Volume 314, Page 830 afthe Deed Records, Calhoun County, Texas,' Account Number 000000027544 .. . TAX FORECLOSURE LAWSillT: Cause No. 2005-2-5527 Calhoun County AppraIsal DIstnct v. John W. Ryan et al GRANTOR for and in consideration of the amount set out above, and subject to the reservations from and exceptions'to conveyance, and other good and valuable consideration paid by the GRANTEE, the receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND CONVEYED, and by these presents doesGRANT, SELL AND CONVEY to the GRANTEE all of the right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under the TAX FORECLOSURE LA WSillT referenced above. TO HA VE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof. I GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY, including, without limitation, any warranties arising by common law or Section 5.023 of the Texas Property Code or its successor. GRANTOR has not made, and does not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the PROPERTY, the suitability of the PROPERTY for any and all activities and uses which GRANTEE may conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, GRANTOR does not make any representations regarding hazardous waste, as defmed by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults". This conveyance is expressly made subject to property taxes for the tax year 2006 and subsequent years. This conveyance is expressly subject to any existing right or redemption remaining to the former owner of the PROPERTY under the provisions of law. . This c~nveyance is expres~ly subject to all easement.s and restrictions of record. Purchaser agrees to comply WIth all county and CIty ordmances and regulatIOns concerning trash, weeds, and junk. " When the context requires, singular nouns and pronouns include the plural. IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34.05 of the Texas Property Tax Code, has caused these presents to be executed on the date set forth in the acknowledgement attached hereto, to be effective as of DATE. County of Calhoun BY/1N."1{ ~ Mike Pfeif:r . THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -1L day of February , A.D., 2006. L' " ~~ I"""" S R11 ~.~~.' ~~". usan ey r:~~ Notary Public, State of Texas \~.~~ My Commission ExpIres: ....:.;.E..", April 18, 2008 Notary Public, State of Texas My commission expires NON-PAYMENT OF AIRPORT LEA$EFOR THE YEAR 2005: Pass on this Agenda Item. RECLASSIFY 5314.06 OF GENERAL FUND LOAN TO CAPITAL PROJECT PRECINCT #1 ROAD RECONSTRUCTION/STORM AS A TRANSFER. RECLASSIFICATION IS FOR PROJECT COSTS DISALLOWED. BY FEMA: . A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to reclassify $314.06 of General Fund Loan to Capital Project Precinct #1 Road Reconstruction/Storm as a transfer. Reclassification is for Project costs disallowed by FEMA~ Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. REOUEST FR.OM COUNTY TREASURER TO OBTAIN CREDIT CAR.D FROM OFFICE DEPOT. OFFICE MAX AND WAL-MART: . A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to request from County Treasurer to obtain credit card from Office Depot, Office Max and Wal-Mart. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. MONTHLY REPORTS: The Extension Service,County Clerk, District Clerk and JP #5 presented their monthly reports for January 2006 and after reading and verifying same, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that said reports be accepted as presented. Commissioners Galvan, Balajka, Fritsch,Finster and Judge Pfeifer all voted in fav~r. TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONER'S COURT Bill Harvey County Extension Agent-Marine Monthly Report -January, 2006 *Out of County Travel Selected Ma' or Activities Date Dail Account 1/3 Annual Leave 1/4- Office Administration and Photo workshop program development 1/6 1/9- 1/13 1/16- 1/20 1/22- 1/26 1/27- Sick Leave 1/28 1/30 1/31 Miles o o Contacts o 3 Program Development and office administration Planning for SK8 crew demonstration da Program development and office administration o 35 o 15 Attended hurricane planning meeting in Tampa, Florida 250 30 o Held meeting of Port Lavaca SK8 Crew Office Administration o o 60 o 250 143 9 Office Visits 62 Phone Calls 305 Emails & Corres ondence 2 News Releases Marine Newsletters Home Visits 4 Site Visits BLT Match Hours Continuing Education Units (CEU) January 2005 Upcoming Events/Activities/Programs Date Event! Activities/Pro2ram 12/1 Commissioner's Conference in Edna 12/13 Agent accountability training Name: Bill Harvey Title: County Extension Agent-Marine Calhoun County TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONER'S COURT C. Gmar Gonzales, Youth & 4-H Coordinator Monthly Report- January 2006 *Out of County Travel 81 tdM' AfT e ec e a] or C IVI les Date Daily Account Miles Contacts 2 Office Closed due to Holidav. 3 Contacted Sgt. McCoy of Kingsville City Police about Self defense 12 seminar for District 11 Leadership Lab. Discussed with him time required, facilities needed and cost if any. 4 Leadership lab planning meeting via Centra. Met with 15 County 25 agents around District 11 to discuss Summer 06 leadership lab in Kingsville. Discussed agenda, seminars, and cost. 5 Office Management 13 6 Project visits in Seadrift and Six Mile Area. 22 7 Went with 4-H members to a pig progress show in Refugio, Texas. 37 9 Prepared for a parliamentary procedure presentation for Lakeside 45 4-H Club. Discussed the proper way to conduct a business meeting and then had them playa Jeopardy game about parliamentary procedure. 10 Office Management. 18 11 Began preparations for PowerPoint slides for Judging Practice. 17 12 Prepared a PowerPoint presentation for Livestock Judging Practice. 28 Team members judged 4 'classes of cattle and senior members had to give one set of oral reasons. 13 Office Management. 16 16 Prepared notes and agenda for PDC meeting. 15 17 Program Development Committee meeting via Centra. Met with 20 32 Extension agents from around District 11 to discuss up coming 4-H events. 18 Prepared and Delivered Permission and Exhibitor eligibility letter 29 for exhibitors attending the Fort Worth and San Antonio Livestock Shows. 19 Office Conference 21 20 Nueces County Livestock Judging Contest. 45 23 Office Supply shopping in Victoria; prepared and mailed club status 26 notice to members of the Point Comfort 4-H Club. 24 Met with Principal Presley of Calhoun County High School to 28 discuss attendance of Livestock show Exhibitors. Prepared and mailed postcard reminders of Calhoun County 4-H Council meeting. 25 Finalized County 4-H Newsletter. 17 30 Prepared Paper Work for Exhibitors at the Fort Worth Stock Show. 15 31 Left to Southwestern Livestock Exposition in Fort Worth Texas. 28 Total 0 489 " c Ed f 10 t h S Mary ommumty uca IOna u reac um 90 Office Visits 260 Phone Calls 90 Emails & Correspondence 0 News Releases 0 Site Visits 3 4-H Proiect Visits TRAVEL: In County - Out of County - 0.00 miles 0.00 miles Total 0.00 miles 2005 Upcoming Eventsl ActivitieslPrograms Date Event! ActivitieslProeram 1-3 8-12 14-18 21-24 Fort Worth Stock Show San Antonio Livestock Show Heifers and Goats. San Antonio Livestock Show Mkt. Steers and Mkt. Barrows. San Angelo Livestock Show C. Omar Gonzales Youth & 4-H Coordinator Calhoun County 1l ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION OFFICE FUND - JANUARY 2006 CIVIL FUNDS County Fees . County Clerk's Fees Recording Probate Civil Total County Clerk's Fees Judge's Fees Probate Civil Total Judge's Fees Probate Fees (Education Fees) Sheriffs Fees Jury Fees Law Ubrary Fees Beer Ucenses Appellate Fund (TGC) Court Reporter Fees Civil Indigent Fees Record Management Fees (County Clerk) Record Management Fees (County) Security Fees (County) Bond Forfeitures Subtotal County Fees $13,984.40 360.00 600.00 $14,944.40 54.00 80.00 134.00 50.00 750.00 22.00 910.00 0.00 130.00 390.00 140.00 2,245.00 145.00 593.00 0.00 $20,453.40 State Fees Judicial Funds (CV$1195 + PR $770) Marriage Ucense Fees Birth Certificate Fees Total State Fees SUBTOTAL OVerpmt of Filing Fees to be Refunded by Co. Clk. TOTAL CIVIL FUNDS COLLECTED CRIMINAL FUNDS ($9,063.00 + $128.00) Total Criminal Court Costs & Fines + Pre-Trial Diversion Fees TOTAL FUNDS RECEIVED (As per ACS Report) Bank Interest Earned 1 ,965.00 242.00 111.60 $2,318.60 Less Refunds for Overpayment of Filing Fees Plus Re-Deposit of NSF Checks (Not recorded in ACS) Less NSF Checks (Not recorded in ACS) Co. Clerk Check # 9sf $22,772.00 $22,m.OO $9,191.00 TOTAL FUNDS RECEIVED ADJUSTED FUNDS RECEIVED AMOUNT DUE COUNTY TREASURER $31,883.00 27.96 $31 ,990.96 0.00 $31,990.96 0.00 (78.00) t$31,812.86 1 ANITA FRICKE - COUNTY CLERK MONTHLY REPORT RECAPITULATION (con't) OFFICE FUND - JANUARY 2006 DISBURSEMENTS CK# Pavable To 953 Rhonda Kokena, Co. Treas. Descriotion December 2005 report TOTAL DISBURSEMENTS CASH ON HAND. OFFICE FUND Beginning Book Balance Funds Received Disbursements Plus Redeposit of NSF Checks Less NSF Checks Ending Book Balance $30,012.14 31 ,990.96 -30,013.80 0.00 -78.00 $31,911.30 BANK RECONCILIATION. OFFICE FUND Ending Bank Balance Outstanding Deposits.. Outstanding Checks.. Plus Other Items- Less other Items.. Reconciled Bank Balance AmQylJ! $30,013.80 $30,013.80 $27,692.64 4,289.00 70.34 $31 ,911.30 . --. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. -.. --. -.. -.. -..--. -. --.. -..-.. -.. -.-- CASH ON HAND. TRUST FUND Beginning Book Balance Funds Received Disbursements Ending Book Balance $51,980.21 0.00 0.00 $51 ,980.21 BANK RECONCILIATION TRUST FUND Ending Bank Balance Outstanding Deposits.. Outstanding Checks- Reconciled Bank Balance ..See Attached ~~ ~#,~ . APPROVED B . Mi eJ. Pfeifer, County Judge SUBMITTED BY: Anita Fricke, County Clerk $51 ,980.21 0.00 0.00 $51 ,980.21 Remittance to County Treasurer: Road and Bridge General Fund: Fines Bond Forfeiture General Fund: District Clerk's Fees Sheriff's Fees Jury Fees Law Library Fund: C.J.P.F.: ~ 175'. 20 I ~" r;::u d 5 ~~ ~~}> ...... .,1'- nT~TRTr.'I' CT.F.RK: ~OUN coum, TEXAS DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT REMITTANCES (::rNJu.I\.~ 'fl WO'J ~ ; .~ ~, ... , 1 7.5. 2.0 / ~ 2. 7' . 3~ 'to 00 I 3" 3t. , 31s.0o L.E.O.S.: C.V.C.A.: J.P.T.: , C. S. : B.A.T.: C.R.F. : Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Civil Indigent Filing Fee: Abused Children's Fund: 2.37.'7 tD . sq 2." . .3 't 4- 2..2- .c;. n "2 '" 1.32..07 70.00 C.M.1. : A.J.S.F.: ~ C.e.l'v\.h4..r- ZOOS" / ~D.jl..F. '0.00 F. P. 1\. t.n. 00 :TS.F. ilLs n{) TOTAL REMITTANCE TO COUNTY TREASURER: Interest: 2. .t::: to . 4-s .00 80.1\.0 9 I \<LbO , Remittance to Others: Out-of-County Sheriff's Fees: State: .i C.A.R. Fund: 1<=t7.00 3crs . on TOTAL REMITTANCE TO OTHERS: TOTAL EXPENDITURES: s't2.Do ENDING BALANCE: 't 7 I I .(;.0 " TOTAL: u. 171.\'\ / Reconciliation With Cash in Bank: Balance in Checking Account: Outstanding Receipts: Outstanding Checks: Outstanding Criminal Receipts: I' 11'59. S"\ TOTAL: \ '8ct831 " . 4-S. hO 4-e, . So 10 002..?.g I Outstanding Checks: ~(<.:t188" -~...lInwIlY 30 On d..... 1'14-3 - "'l'nnlC~ _ 2- .00 c:.K+ 2..011 - 5+..+14..r- . 'sD ~ 2..~:~ - ~~r::+ t - 100 D~ . z.. - (I r .J:_ 1& 0 . n Coj(,,*, 1.1. 711-- Ll.Lr\.A. - \, On c~.4P LloO - ltos-\." - 8.00 c.l:.-:ft.2.30-1_ c...\\"'",,, r_ <;nf.-7S 00 ci:. 4\. 2..& 0 ll- - \\b.rl" _ IS. no c.i(,:t-~.30' - "Ar;lsfj,.. CbM.+. - (,1).OQ APPRO~"~ .~ PAMELA. TIN BAR VE DISTRICT CLERK RECEIVED: TOTAL: 't&b.SD MICHAEL PFEIFER COUNTY JUDGE ) . ... " DISTRIC't CLERK CALHOUN COUNTY, TEXAS DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT RECEIPTS (:r ~fJ u.~ ~ V,I 2..00'') ............ . ... " District Clerk's Fees: Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.E.O.S.: 113M SI7.<:i' '- '2.4-7. ,~ , 13s.00 3 C l3. '0 / 3'.3 . "" II ct. 18 I o() .O{) I q~U"D I qo.OO 2. 03\ '"0 .; 30.00 3\s.OO C.V.C.A.: J.P.T. : C.S.: B.A. T.: C.R.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.M. I. A.J.S.F.: F. ,..,.,. -=r.s. F. TOTAL FEES: 5"8.3 .Cl l..3. g t:. '4-.7S q" 2. . 0.3 S' qq ') ttg 73 S.9.~ 4-S.00 C.n 00 "Z. :s q DC'> 82..Sz...~" , Bond Forfeiture: Fines: Criminal Court ~ 2.. 77. lq C.A.R. Fund: State: 4-C\(').00 Other Collections: Reimbursable Costs c.ll..~ 2..30{') - ~osh, +- P.uda.n c..tc:. ~2..30L -llfon ~ t-\.',d:.i+s eo\(. ~ 2..30~ - C411..tllL/\ a.. sbi~~ c.~ :l\:.z..1()~ - I-looc+" ... e.u.c.ha." c.~.+UO.s - B,uD" oj. I!.ull c.1::..+ 2..3Dt. -"-uris lD. Co"stAI.\~ g.Oo IS.OO 7S.0D IS.OD V~.Dn ,"0.(')0 1"l7.00 TOTAL CASH RECEIPTS: INTEREST EAIOOm: BEGINNING BALANCE: I" 2.~,..... 2- , S.07 't It.ltt .GoO I TOTAL RESOURCES: ,< I r; :' ~ i U lJI.\~ I I I I 02/14/2005 10:52 351-983-2451 CALHOUN CO PCT 5 02115/2006 Money Distribution Report Judge Nancy pomykal. Pet. 5, Calhoun Co. Jan.06 -----~-------------------------------~-~-~~~~~--~~~-~- -------..----------..--------------.-I-C-O-:~-:~~:;.--I-~~~-~~~;.--I-~~~~-~~~~- Code Amount Code Amount Code Amount I Total i Receipt Cau~e/Defendant ~ ~IV~' I I I I I F cOO l"F JSF 4.00 TfC 3.00 I eGG dO.OO CHS 3.00 LA ~. JGSF 1.00 JPAY 4.00 I FINE 111.00 SUBC 30.00 I 01/12/2006 SH::t 60.00 IHE 2.00 I FlU 15.00 I I 01/13/2006 JSF 4.00 cee 40.00 I eHS 3.00 PWAr 5.00 Tr JPAY 4.00 pwr 39.00 I I 01/13/2006 JSF 4.00 ece 40.00 I eHS 3.00 PWA~ 5.00 IF JPAY 4.00 PWf 2b.OO I I 40.00 I CHS ~l.OO I.A~ b.OO IF I I 40.00 I CHS 3.00 LAF 5.00 TF I I 40.00 I eHS 3.00 LAF I I dO.OO I GHS 3.00 LAr I I 2.00 I FlU I I 40.00 I CHS I I 40.00 I CHS I I 40.00 I CHS 50.00 I I 40.00 I eHS 25.00 I I 3.00 I cee 10.00 I SUBC I 3.00 I ecc 4.00 I fINE I I I I I I I 0372574 05-12-030/ lANGWORTHY. JANE'r Personal Check 0371.'575 06-01-0002 01/12/2006 CAN ION, CI TNTON GEORGE PersOrlill Check 0372576 06-01-0003 RHYNE. JOYCE Personal Check 0372577 05-12-0391 SANCHEZ. THOMAS Cash 0372578 06-01-0004 PA$ZTO~. ,JOSEPH J. Cash 0372579 05-11-0354 01/16/2006 JSF 4.00 VOSSLER. BRENT AARON FINE 243.00 Cashier's Check. 0372580 05-12-0361 01117/2006 JSF JAYCOX. .JAMES E FINE Comm Service I 0372581 05-12-0371 01/17/2006 I JSF EVANS. TYRONE I FINF Comm Service I 0372582 06-01-0010 01123/2006 I JSF BAIRD. MICHAEL. LEO I nNE Cash I 0372583 06-01-0016 FED 01/24/2006 I S~EE CURRY, LYNDON I Cash I 0372584 05-12-0370 01/24/2006 I JSF ROWAN. GHEGORY LYNN I FINE Personal Cheel\ I 0372585 05-]2-0389 01l?4/?006 I Jsr FIELDER. W[L.LS I I pwr Personal CheCK I 0372586 05-12-0390 0]/24/2006 I ,JSF PRESSLEY. RICKY S I JPAY Per-sonal Check. I 0372567 06-01-0017 01/24/2006 I JS~ RENKEN. RONAl.D JOHN I JPAY Pnrsonal Check I 0372588 05-11-0335 01/24/2006 I JSF HIl.L. BIl.l.Y WADf I Jcsr Money Order I 0372589 06-01-0009 01/26/2006 I Jsr LANGAGER. CHRIS MICHAEl. I JCSr: Cash , 0372590 06-0l-0010 01/30/2006 I FINE BAIRD. MICHAEL LEO I Cash I 037Z~91 05-17-0391 01/30/2006 I PWF SANCHEZ. TOMAS I Cash I 01110/2006 TVFF 45.00 I I ecc I I 4.00 I cce 58.00 I I 4.00 I cce 58.00 I , 4.00 I Gee 93.00 I I 60.00 I IFEE I I 4.00 I eec 63.00 I I 4.00 I cec 25.00 I I 4.00 Ieee 4.00 I WSF I 4.00 Ieee 4.00 I WSF I 4.00 I TFC 1.00 lose I 4.00 I TFC 1.00 I JPAY I 65.00 I I I 61.00 I I I I 15.00 I I I 3.00 I LAF I I 3.00 I PWAF I I 3.00 I PWAf' I I 3.00 I PWAF I I 40.00 I eHS 30.00 I I 40.00 I CHS 51.00 I SUBC I I I I I I I 5.00 I TF I I 5.00 I H I I I I I 5.00 I TF I I 5.00 I TF I I 5.00 I TF I I 5.00 I TF I I 3.00 , SAf I I 3.00 I LAF 30.00 I I I I I I I I 4.00 4.00 4.00 I 4.00 JCSF 4.00 4.00 4.00 JCSF I I 4.00 I JCSF I I 4.00 I JCSF I J 4.00 I JCSF I I 5.00 I TF I I 5.00 I Tr I I I I I I I I PAGE 02 ~.:) Page 4&.00 4.00 205.00 77 .00 JCSF 1.00 100.00 JeSF l.OO I I I 1.00 I I I 1.00 I I I 1.00 I I I 1.00 I I I I I I 1.00 I I I 1.00 I I I 1.00 I I I 1.00 I I I 4.00 I I I 4.00 I I I I I I I I I 86.00 Jes~ ;wo.oo 11S . 00 JCSF 115.00 Jest: 150.00 77.00 120.00 82.00 111. 00 86.00 100.00 145.00 65.00 61.00 ULf_~~fLUUO ~U.~L ..;JO.1.-.:JO..;J-~'"tU.1. '-'HL..IIUUI-' '-'U I '-'I ...J 02/14/2005 10:52 351-983-2451 CALHOUN CO PCT 5 0?/lS/2006 Money Distribution Report JUdge Nancy PoIQyl:al. Pet. 5, Calhoun Co, Jan.06 PAGE 03 Page 2 ~----~-~~A'~n__~~_____~~A___.~_____~~~~__~___~____~_~~~-~-------~--A~_~~-.----------~-~_~___________~~AA~___-----~-----~~n_~_~_____~ Receipt Cause/Defendant I Code AlOOunt I Code Mount I Code Atoount I Code Amount: I Code Amount I I I I I 0372592 06-01-0007 01/30/2006 I JS~ 4.00 I TFe 3.00 I cee 40.00 I CHS 3.00 I $AF 5.00 ROSAS. MICHAEL ANTHONY I JCSF 1.00 I JPAY 4,00 I fINE 6.00 I SUBC 30.00 I Personal Check I I I I I 0372&9:~ 06-01-0015 01/31/2006 I JSJ: 4.00 I CCC 40.00 I CHS 3.00 I PWAF b.OO I TF 4.00 HATAWAY. JAMES RICHARD I JPAY 4.00 I WSF 39.00 I I I Personal Check I I I I I 0372594 05-08-0295 01/31/2006 I rINF 60,00 I I I I OWORAClYK. Bl.AIR I I I I I Money Order I I I I I \. I Code Am(lunt Total I I Tf 4,QO 100.00 I I I ,JCSF 1.00 100.00 I I I 60.00 I I ~~/14/~~~b l~:~~ .jbl-'jl:!.j-L'lb.l .....ALMUUI'i .....u r..... I ;:J rHO[;., ULf 02/14/2005 10:52 351-983-2451 CALHOUN CO PCT 5 PAGE 04 Money Distribution Report Page 3 02/15/2006 Judge Nancy Pomykal. Pet. 5. Calhoun Co. Jan.06 --~'----------------~~~------~-----------~~-~-~------------------~~~--------------------~~-----------------------~~----------------- The following totals represent - Cash and Chec~s Collected Type Code Description Count Retained Disbursed Money-Totals The following totals represenl - Cash and Chec~s Collected COST cce CONSOLIDATED COURT COSTS 13 52.00 468.00 520.00 COST CHS COURTHousr SECURITY 13 39.00 0.00 39.00 COST ,JCSF JUSTICE COURT srCURITY FUND 13 13.00 0.00 13.00 COST JPAY JUDGE PAY RAIS,E FEE. e 4.80 27,20 32.00 COST JSF JUROR SERVICE FUND 13 0.00 52.00 52.00 COST tAF SHERIFF'S FE.I: 5 25.00 0.00 25.00 COST PilAF T(XAS PARKS & WILDLIFE 6 24,00 6.00 30.00 COST $AF UPS 2 0.00 2.00 10.00 COST TF If:.CHNOLOGY FUND 13 52.00 0.00 52.00 COST Tre TFe 4 12.00 0.00 12.00 FEES DSC DRIVER SAlllY COURSE 09/05 1 10.00 0.00 10.00 FEE.S FlU FILING FEE 2 30.00 0.00 30.00 FEES IFU:' INDIGENT Frr 2 4.00 0.00 4.00 FEES SFEE: SERVICE FEE 2 120.00 0.00 120.00 FHS SUBC sua nTI E C 4 6.00 114. 00 120.00 FEES TVFF rRANSFER vrNUE FILING FEE I 45.00 0.00 45.00 FINE FINF. FINE B 692.00 0.00 692.00 FINE pwr PARKS & WILDLIFE FINE 4 22.50 ]27.50 150.00 FINE wsr WATER SAFETY FINE 3 17.10 96.90 114 . 00 Money Totals 19 1.176.40 893.60 2.070.00 The fo 11 ow; ng tot a 1 s represent - Ja'il Credit and Community Service COST eee CONSOLIDATED COURT COSTS 2 8.00 72.00 80.00 COST CHS COURTHOUSE SECURITY 2 6.00 0.00 6.00 COST JCS~ ,JUSTlC[ COURT SECURITY FUND 2 2.00 0.00 2.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 2 0.00 8.00 8.00 COST LA!- SHI:.RIH'S Ilt 2 10.00 0.00 10.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAP DPS 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 2 8.00 0.00 8.00 COS1 m; Tre 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 09/05 0 0.00 0.00 0.00 FHS FILl FlUNG FEE 0 0.00 0.00 0.00 FEES IFEl IND1GlNl l.lE 0 0.00 0.00 0.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FEES Tvrr TRANSFER VENUE FILING rEE 0 0.00 0.00 0.00 FINE FINE FINE 2 116.00 0.00 116.00 FINE PWf PARKS & WILDLIFE fINE 0 0.00 0.00 0.00 FINE wsr WATER SAFETY FINE 0 0.00 ,0.00 0.00 Credit Totals 2 150.00 80.00 230.00 The following totals represent - Credit Card Payments and Transfers UL/~~/LUUO ~~;U~ ..:iIO.1.--=ao.,::J-~'-tO.1. .....HL...nUUI"I VU r"-' I ;""I I HUL... (,J.L 82/14/2885 11:84 351-983-2451 CALHOUN CO PCT 5 PAGE 01 02115/2006 Money Distributlon Report page 4 Judge Nancy PomyKal. Pet. 5. Calhoun 00. Jao.06 ______~~~_____~~_______~-------~A------~~-------~-----__~~-______~A-------~--------------AA-----. _______~A______~_~-_____-______~-__ The following totals represent - Credit Card PaYlIl:!nts and Transfers Type Code Description Count Retalned Disbursed Money-Totals COST ecc CONSOLIDATE!) COURT COSTS 0 0.00 0.00 0.00 COST CHS COURTHOlISI:. SECURITY 0 0.00 . 0.00 0.00 COST JCSF JUSTICE COURT SEC\IRIlY FUND 0 0.00 0.00 0.00 COST ,)PAY JUDGE PAY RAISL FEE 0 0.00 0.00 0.00 COST JSF JUROR SERV[CF. FOND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST PWA~ TEXAS PARKS & WiLDt lr[ 0 0.00 0.00 0.00 COST SA! DPS 0 0.00 0.00 0.00 COST TF TFCHNOLoGY FUND 0 0.00 0.00 0.00 COST TFC He 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 09/05 0 0.00 0.00 0.00 FITS FII T flUNG FEI: 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE: FEE 0 0.00 0.00 0,00 FEES SHBC SUB lITLL C 0 0,00 0.00 0.00 FEES TVFF TRANSFER VENUl FILING ~EE 0 0.00 0.00 0.00 FINE FIN[ FINE 0 0,00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 FINE WSF WATER SAFETY FIN!: 0 0,00 0.00 0.00 Credit Totals 0 0.00 0.00 0.00 The following totals represent - Combined Honey and Credits COST CCC CONSOLIDATED COURT COSTS l!:l 60.00 540.00 600.00 COST CHS COURTHOUSE SECUR try 15 45.00 0.00 45.00 COST JCSf JUSTICE COURT SFCURITY FUND 15 15.00 COST JPAY JUDGE PAY RAISE FEE 0.00 15.00 e 4.80 27,20 32.00 COST Jsr JUROR SERVICE FUND 15 0.00 60.00 60,00 COST LAF SHERIFF'S H.t 7 35.00 COST PWAF TEXAS PARKS & WIlDUFE 0.00 35.00 6 2d.OO 6.00 30.00 COST SAF UPS COST I~ TECHNOLOGY rUND 7 8.00 2.00 10.00. COST TFC lFe 15 60.00 0.00 60.00 FEfS DSC DRIVER SAFfTY COURSE 09/05 4 12.00 0.00 1?00 FEES nIl rr l.l NG fH 1 10,00 0.00 10.00 FEES IFfE INDIGfNT Fl:l 2 30.00 0.00 30.00 FEES SFI( SERVICE FEE 2 4.00 0.00 4.00 r((:s SUBC SUB TlIl.E C 2 120.00 0.00 120.00 FEES TVFF TRANsrER VENUE FILING FEE 4 6.00 114 .00 120.00 fINE FIN~ ~lNE 1 45.00 0.00 45.00 FINE PWF PARKS & WiLDLIFE FTNf 10 80e.00 0.00 808,00 FINE" WSF WATER SA~ETY FINE 4 ??50 127.50 150.00 3 17.10 96.90 114.00 Report Totals 21 1. 326 . 40 973.60 2.300,00 02/14/2005 11:04 351-'383-2451 CALHOUN CO PCT 5 PAGE 02 02/15/2006 Money Distribution Report Page S Judge Nancy Pomyka1. Pet. 5. Calhoun co. Jan.06 -----_.--.--------------------------------------------------------------------~---------~---~~--------~~---------~--------------- DATE PAYMENT-TYPE FINES COURT-COSTS fEES BONOS RESTITUTION OTHER TOTAL 00/00/0000 Cash & ChecKs Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Camm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards 8. Transfers 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/0] 11991 Cash & ChecKs Collected 0.00 0.00 0.00 0.00 0.00 0,00 0.00 Jail Credits & Comm Service 0,00 0,00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0,00 0,00 0.00 Total of all Collections 0.00 0,00 0.00 0.00 0.00 0.00 0.00 09/01/1993 Cash & Checks Collected 0.00 0,00 0,00 0,00 0.00 0.00 0.00 Jail Credits & Comm Service 0,00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1995 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0,00 0,00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0,00 0,00 0.00 09/01/ 1997 Cash & Chec~s Collected 0.00 . 0.00 0.00 0.00 0.00 0.00 0,00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totij1 of all Collections 0.00 0.00 0.00 0,00 0.00 0.00 0.00 09/0111999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0,00 0.00 Jail Credits & Comm Service 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0,00 0.00 0.00 0.00 0.00 0.00 0.00 09/0112001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0,00 0.00 0.00 Jail Credits & Comm Service 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Tr~nsfers 0,00 0.00 0.00 0.00 0,00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0,00 0.00 09/0112003 CaSh & CheCKS Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Creait Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0,00 Total ot' all Co'llections O.VO 0,00 0.00 0.00 0.00 0,00 0.00 01/0112004 Cash & Checks Collected 956.00 785.00 329.00 0.00 0.00 0.00 2.070.00 Jail Credits & Comm Service 116.00 114.00 0.00 0.00 0.00 0,00 /.'30.00 Credit Cards & Transfers 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Total of all Collections 1.072.00 899.00 329.00 0.00 0.00 0.00 2.300.00 TOTALS Cash & Checks Collected 956.00 785.00 329.00 0.00 0.00 0.00 2.070.00 Jail Credits & Comm Service 116,00 114.00 0,00 0.00 0.00 0.00 230.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of an Collections 1. 072. 00 899.00 329,00 0,00 0.00 0.00 2.300.00 ~~/14/~~~b ll:~{ .:lbl-':H::l.:l-:L4bl ~ALHUUN ~U ~~I ~ r-Hot:. 1::J.l 02/14/2005 11:07 351-983-2451 CALHOUN CO PCT 5 PAGE 01 02/15/2006 Money Distribution Report Judge Nancy PomyKal. Pet. 5. Calhoun Co.' Jan.06 Page 6 w_~_______~~------_.~~-----------------~---------~~--------~--------,~------- ~--------~~--------~--------~------ DATE PAVM(NT-TYPF. fINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAl. State of Texas Quarterly Reporting Totals Description Count Collected Retained Disbursed State Comptroller Cost and fees Report Section I: Report for offenses Committed 01-01-04 Forwa rd 09-01-01 - 12-31-03 09-01-99 - 08-31-01 09-01-97 - 08-31-99 09-01-95 - 08-31-97 09-01-91 - 08-31-95 Bai I Bonds Fee DNA lesting Fees EMS Trauma Fund ((MS) Juvenile Probation Diversion Fees Jury Reimbur~nl ~ee State Traffic Fees Total Due For This Period 13 520.00 52.00 468.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0,00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 13 b2.00 0.00 52.00 4 120.00 6.00 114,00 6 40.00 32.00 6.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 6 32.00 4,80 27.20 46 754 ,00 94.80 669.20 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0,00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0,00 0 0.00 0.00 0.00 0 0.00 ( 0.00 0.00 0 0,00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 46 764.00 94.60 669.20 Section II: As Applicable State Police Officer Fees Failure to Appear/Pay Fees Judicia') rund - Const County Court JUdicial Fund - Statutory County Court Motor Carrier Weight Violations Time Payment Fee Driving Record J.ees JUdiCial Support rees Report Sub Tota 1 State ComptrOller C1vil Fees Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees C~: Juror Donat'ions CF: Justice Court Indig filing Fees CF: Stat Prob Court Jndig Filing Fees cr: Stat Pr'ob Court Judi c r i 1 i"g Fees CF: Stat Cnty Court Indig Filing Fees CF: Stat Cnty Court Judic Filing Fees CF: Cnst Cnty Court Indig Fil ing Fees CF; Cnst Cnty Court Judic Filing Fees CF: Dist Court Oistrict & Family Law CF: Oist Court Other Divorce/Family Law CF: Dist Court Indig riling Fees Report Sub Total T1iE STATE or TEXAS Before me. the undersigned authority. th1s day County of Calhoun County personally appeared Nancy Pomykal. Justice of the Peace. Precinct No 5, Caltloun County. Texas, who belng duly sworn. deposes and says that the above ~ foregoi n9 report. is true and correct. L W;tne" "" .hood tht, IL ~d'y of '"7 . AO~~ 7+ ~ /"'7~ ACCOUNTS ALLOWED - COUNTY: Claims totaling $3,464,453.59 were presented by the County Treasurer and after rea~in~ and verifying same, a Motion was made by Commissioner Fins~e~ and seconded by ~omml.ssloner Galvan that said claims be approved for payment. CommiSSioners Galvan, Bala]ka, Fntsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED -HOSPITAL:. Claims totaling $1,810,179.10 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Finster that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEAL THCARE: Claims totaling $207,054.37 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Fritsch that said claims be approved for payment. Commissioners Galvan, Balajka, Fritsch, Finsterand Judge Pfeifer all voted in favor. ISSUES RELATING TO THE NEW JAIL CONSTRUCTION PROJECT: Commissioner Balajka asked the Commissioners if they had received their emails. Krueger Construction sent out a letter with several target dates with the first target date being met with the duct work being complete on the first floor. ISSUES RELATING TO THE CALHOUN COUNTY COURTHOUSE RENOVATIONS PROJECT: Judge Pfeifer said walls are still going up, electrical is being done and work is moving right along. ACCEPT DONATION FOR EMS IN THE AMOUNT OF $250 FROM MR &. MRS MELBOURNE SHILLINGS: A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept a donation for EMS in the amountof $259 from Mr. & Mrs. Melbourne Shillings. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. TRANSFER LIGHTS AND SIREN. ASSET #725-0001 FROM. FROM NUISANCE ORDINANCE ENFORCEMENT TO CONSTABLE PRECINCT #2 INVENTORY: A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to transfer lights and siren, asset #725-0001 from, Nuisance Ordinance Enforcement to Constable Precinct #2 inventory. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. TRANSFER MOTOROLA HT1250 PORTABLE RADIO; SERIAL #749HFJD516. MODEL #AAH2SKD9AASAN FROM EMERGENCY MANAGEMENT TO CONSTABLE PRECINCT#2 INVENTORY: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to transfer Motorola HT1250 portable radio, serial #749HFJD516, Mocjel #AAH25KD9AA5AN from Emergency Management to Constable Precinct #2 inventory. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor. (0 f :3 ~'<t m~~rot::'co - 0 0 a - CD - :iii!lili:5I && 0- 0- - :iii!lili:5I...-en...-ocoO) en - - - i I !!!. ~ ;;; ;;; !!!. 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GENERAL DISCUSSION: Commissioner Galvan stated that he would like to see the land that the County owns at the beach surveyed and sold ata public auction. Court was adjourned at 12:05 p.m.