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2002-10-15 e SPECIAL OCTOBER TERM HELD OCTOBER 15, 2002 THE STATE OF TEXAS !I !I COUNTY OF CALHOUN !I BE IT REMEMBERED, that on this the 13th day of October, A.D., 2002 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Special 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: e Arlene N. Marshall Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner,pct.l Commissioner,Pct.2 Commissioner,Pct.3 Commissioner,Pct.4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. e CALHOUN COUNTY NEW JAIL BOND ISSUE - APPROVE INFORMATION FLYER FOR DISTRIBUTION Commissioner Floyd stated he delivered to the Court an informational flyer concerning the new jail bond issue. The Court must now agree on the flyer and distribution of same to the public. He received no comments from the Court. He said the flyer states it is less expensive to build a new jail than house inmates out of county. Also, that it will be expected, once the jail is built, the debt service for the new jail will be off-set by the reduction of out of county inmate housing, but during construction the county will suffer the expense of both. County Auditor Ben Comiskey said the bond election to build the new jail will require that taxes be raised and because of the debt, every year the debt is outstanding, you will have to set the tax rate to pay for it. He explained how taxes would be lowered or raised. He suggested the tax issue not be put on the flyer if an explantion was not given as there will be at least one year in which taxes will be raised. Commissioner Finster said it is not required on the flyer. 283 Commissioner Floyd said the Court agreed to delete the wording "There is no planned tax rate increase to fund the project." Commissioner Finster mentioned people voting a straight party ticket may not vote on the bond issue on the back of the ballot. Commissioner Balajka said the election judges would post a notice or remind the voters of same. Commissioner Galvan expressed concern regarding this matter. Judge Marshall suggested a note stating "Bond issue requires separate vote" be placed on the flyer. Stephanie Smith, Elections Administrator, said a notice regarding "sepcial election" can be posted. She will check on what notice can be place in the voting booths. Commissioner Floyd said there will also be a flyer in Spanish. A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to approve the flyer as corrected and have it mailed out to all registered voters by bulk rate at a cost of $6,000 to $7,000. e In discussion, Commissioner Floyd said postage will be approximately $2,172. Strictly Business will print the flyers and fold and stamp them. They will be mailed Monday. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Ms. Smith later stated nothing can be placed in voting booths concernin$ the bond election. "Special Election Information" not1.ce may be placed on the door to the pollin$ place. She will consult the bond attorney regard1.ng wording of the notice. e 0 2: .., ..... - 0 0 --..I - '" <:1' Z \'l '" ~Ci~ ""l 0 e= >- > 5Q r:: ~ 0 0 "= =;:ci.QQ~ >- < i-" 0 t""'>- =~~o~ tr1 z ...., "., ~"i tTl ....., V; :I:e= ~ (j r.n. _ l::l ~ ~ c:: >- tl OCI 00 :I: ('tiC;::=-... ~ t'!'l - = ..,..... ttJ tTl rJJ t'!'l Ul ~~ ... = Q,. _ 0 --l r.n t'!'l t"'" Q ~ "'t'~~ 0 C ~ 0 tTl Z...., o (,A1J'Cl 0 tI t'!'l Q >- ::t. (j '" -, ::l'" :;:. i" < ~ \'l...., t"'" = ~ g z;,'!' --.l >- (""J Q (""J " = 0 VI 0 Q O:I: <~~:-=< 0 -< ...., Q ...., ~::r~3:3 0 N ...., - ~t'!'l IJ1 Q) 0 ~ . t'!'l .. ~ =- ~ >-0 0 0 Z ...-3 ('t) 0 .., ~ 0 .- Z ...., e t'tI == :-' N >< Q, " " ..... -< >< '< = >< = ..... // Z84 About the Election Or other Members of the Commissioners Court: 1. Who May Vote? Commissioner Kenneth Finster - (361) 785-3141 Commissioner Roger Galvan - (361) 552-9242 County Judge Arlene Marshall- (361) 553-4600 Anyone holding a valid voter's registration certificate who has lived within the boundaries of Calhoun County for at least 30 days prior to the election scheduled for Tuesday, November 5, 2002. 4. When and Where Will Early Voting be Held? Early voting will be held between Monday, October 21, 2002 through Friday, November 1,2002 at the following location between 8:00 A.M. to 5:00 P.M. on each weekday: 2. How Will the Ballot Relating to the Bond Election Read? The election scheduled for Tuesday, November 5, 2002 will have the proposition for the Bond issue worded as follows: Calhoun County Courthouse 211 S. Ann Street Port Lavaca, Texas "SHALL THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS BE AUTHORIZED TO ISSUE BONDS OF THE COUNTY, IN ONE OR MORE SERIES, IN THE AGGREGA TE PRINCIPAL AMOUNT OF $8,500,000 FOR THE CONSTRUCTION AND EQUIPPING OF A NEW JAIL FACILITY FOR THE COUNTY, WITH SAID BONDS TO MATURE NO LATER THAN TWENTY YEARS FROM THEIR DATE OF ISSUANCE, BEAR INTEREST, AND BE ISSUED AND SOLD IN ACCORDANCE WITH LAW AT THE TIME OF ISSUANCE, ALL WITHIN THE DISCRETION OF SUCH COMMISSIONERS COURT; AND SHALL THE COMMISSIONERS COURT BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE ASSESSED AND COLLECTED, ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE COUNTY, SUFFICIENT, WITHIN THE LIMITS PROVIDED BY LAW, TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS?" 5. When and Where Will the Election be Held? The election will be held Tuesday, November 5, 2002 from 7:00 A.M. to 7:00 P_M. at the following locations: County Election Precinct No. 1 Location and Address Calhoun County Library 200 W. Mahan SI. Old Roosevelt Elementary School, 300A1coa Drive Carter Building 2410 W. Austin St. Guadalupe Blanco River Authority Office, 1064 State Highway 3 16 First Baptist Church of Indiana la, 617 FM 2760 Jackson Elementary School 1420 Jackson Dr. City Port Lavaca 2&3 Port Lavaca 4 Port Lavaca 5 Port Lavaca 3. Who Should I Contact for Additional Information? 6 Port Lavaca Commissioner H. Floyd - (361) 893-5346 Commissioner Michael Balajka - (361) 552-9656 7 Port Lavaca e e 8 9& 10 II 12 13 14 15 16 17 18 19 20&21 22 23 24 25 Calhoun County Courthouse Annex, 210 W. Austin SI. Travis Middle School 705 N. Nueces SI. Salem Lutheran Church 2101 N. Virginia SI. Knights of Columbus Hall FM 3084, Six Mile Area Tex: Sun Const.lGarcia Residence, 10 18 Porter Rd. Grace Episcopal Church 213 E. Austin SI. Senor Citizens Center S. Guadalupe SI. entrance Bauer Community Center 2300 N. Hwy 35 China Inn RestaurantlBanquet Room, 915 N. Hwy. 35 Point Comfort City Hall 102 Jones SI. Olivia Community Center County Road 304E Bauer Exhibit Building Co Rd 10 I, Calhoun Fairgrounds Hatch Bend Country Club 579 Meadowview Ln. WC&ID #1 II mi. outside of Port Lavaca on Hwy 35 South Seadrift City Hall Main SI. & Dallas SI. Port O'Connor Fire Station 6" SI. e l/) Cl) N Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Port Lavaca Point Comfort Olivia Port Lavaca Port Lavaca Port Lavaca Seadrift Port O'Connor e A Messagefrom the Calhoun County Commissioners Court The Calhoun County Commissioners Court has called a bond election to provide the voters of Calhoun County with an opportunity to consider a bond issue in the amount of $8,500,000 for a new 144-bedjail facility. The enclosed factual information is being provided to the registered voters of Calhoun County so that they make an informed decision in the forthcoming bond election which if passed would provide funds for the construction of a new county jail. History Until August 2002 Calhoun County operated a forty-eight (48) bed jail that in conjunction with out of county facilities, housed Calhoun County inmates. For calendar year 200 I, the average daily inmate population totaled 101, with a low of 65 and a high of 141 prisoners. In August 2002 the Texas Commission on Jail Standards acted and permanently closed the existing jail. Because of this action by the Texas Commission on Jail Standards, Calhoun County is currently required to use a temporary facility for prisoner booking and processing with all inmates subsequently being transported to and housed in out of county facilities. The county is currently paying $45.39 per day per inmate for out of county housing. The county has increased the 2003 year's budget and tax rate to fund $1,650,000 to pay for out of county inmate housing. The Bond Election If the voters do apDrove the bond issue. a new jail will be constructed and the majority of inmates will be housed within Calhoun County. Ifthe voters do not approve the' bond issue, a new jail will not be constructed and all inmates will be housed in out of county facilities. Even if voters do not approve the bond issue, the construction of a permanent prisoner booking and processing facility, estimated to cost $750,000, will be required. e The Bond Issue The bond issue, if approved, will be in an amount not to exceed $8,500,000 with only those funds required to design, construct, and equip a 144 bed jail facility being used. Any authorized bond funds in excess of actual project related cost will not be expended. Impact on Taxpayer It is estimated based on a recent jail feasibility study, historical operating cost, current historical low market interest rates, and costs for both in and out of county inmate housing that this bond election has the following potential impact on Calhoun County Taxpayers: If Bond Issue Is A pproved If Bond Issue Is Reiected Projected Annual Operating Cost for Jail and Inmate Housing During 15 Year Amortization of Bond Debt After 15 Year Amortization of Bond Debt Projected Annual County Tax on $90,000 Home, Without Exemptions, to Cover Operating Cost for Jail and Inmate Housing During 15 Year Amortization of Bond Debt After 15 Year Amortization of Bond Debt $2,214,100 $2,377,612 $1,389,000 $2,305,355 $68.67 $72.99 $43.02 $71.55 THERE IS NO PLANNED TAX RATE INCREASE TO FUND THE PROJECT. 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E-< H . Ul~ ~!;l to: H r,J) OCJ N e e e & Associates to represent Calhoun County in the law s~it Marie Caldwell VS Carole Keeton Rylander, et aI, ~ra,:,l.s CountyJudicial district Court NO. 99-23088. Comml.ssl.oners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. JA~lES r. AI.LJSOi' J.Allboll@Alllson-UOll>li.COIII RonIO:RTT. UASS R.B;l,SIi@^lJholl.DDSs.~um ALLISON, BASS & ASSOClATES. L.L.P. ~"'J' a.I: ,f.,... A. 0, WATSON Ho{}s~: 402 Wio:ST Ul'll STlH:F;T AlISTIN. TF.XAS 7H701 l.~w@^Jli~u".8:ali.,'.(,oln (51!)"82~IQI fJ\x (SI2) oISQ..WUl POKT1A F. ijOSSI~ I' .8ouc@AJli~on-n;llu'.colll P AUt D. P AL;'H~R P .r:.l.llIll'r'tilAllhon-8:u.!i._cl.lm VANF.SSAA. GONi':.AI.F.7. v .G(JRz:lI~J:@AIII'l)n.U.llSS,(um October 9, 2002 VIA FACSIMILE 361-553-4444 AND REGULAR MAIL Hon. Arlelle N, Marshall Calhoun County Judge 211 S. Ann St. Par! Lavaca, TX 77979 RE: Marcie Caldwell v. Carole Keeton Rylander. et al; In the 261" Judicial District Court of Travis Counly, Texas, No. 99-13088 Dear Judge Marshal!: At the roque,;t of McLe"t1,n County Judge Jml Lewis, Polk County Judge John Thompson and Victoria County Judge Helen Walker, we are contacting you coneel1ling the abovc litigation. Your county has been named as a detendant in this case, and you h"ve probably received n citation 1>y ~~rtitied mail. On behalf of the Texas Association of Counties and thc Coullty Judges and CommIssioners Association of Texas, we have been monitoring this litigation, This lawsuit is a class action attempting to enjoin the collection of the $15.00 supplemental court cost in criminal cases for the 'tatutor)' county judges' supplemcntal salary fund. Sixty-four counties have palticipated in this fund. The litigation seeks to have the fee declared unconstitutional and refunded to the defendallls. We have been requested to provide a cOmmon defense to this litigation by the above County Judges. The Texas Association of Counties has agreed to pay 50% of the legal fees and expenses, not to exceed $25.000. The remaining 50% would be shared by the panicipating counties on the basis of population. If your county wishes to participatc in this Jomt dcfense, please have the CommissiDners Coun authorize the 1iml of Allison, Bass & Associate$ to defend your county in the above litigation and relUm the enclosed authorization fOlm before Ocmber 21, 2002. Ple~se call me if you have ,ny questiullS. SinCel"ely, C---; (.~ Lllison J]> Natb Enclosure N:\NE"J'FILES\T^C\(':lld\...~JJ v, Ryl:mc.liJr. cl al\CClunly 001 lO.<J,02.do.lC 287 ao~ 09 02 03:58p Al11son Bass ~ Assoo1a~es 512-"IBO-0902 p.3 AUTHORIZATION FORM Thc law finn of Allison, Bass and Associates ("firm") is hereby authorized to Tepresent the undersigned coullly in Cause No. YY-13088 Caldwell v. RYlander. et al in the 261" Judicial District Court. Thc finn ~iIall provide aU necessary legal e services to defend this matter and shall be compensated for partner services at a rate of $190 per hour, associate services at a rate of $150 per hour, and paralcgal services at a rate of $60 per hour, plus actual expenses. All fees and expenses shall be apportioned as [allows: 50% to the Texas Association of Counties, not to exceed $25,000.00 total; and the remainder allocated to all participating defendant counties on the basis of population: Calhoun County Judge e e 288 e e e ~,~ Is~!B~i~r October 8, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Calhoun County, Texas Attn: Judge Marshall Calhoun County Annex 20 I W. Austin Port Lavaca, Texas 77979 RE: Insured: Calhoun County, Texas Plaintiffs: Marcie Caldwell et at. Date of Incident: 1992 Claim No. 11931 Dear Judge Marshall, Trident Insurance Services is the authorized claim representative of the Texas Association of Political Subdivisions, which provides General Liability coverage for Calhoun County, Texas. In that capacity, we acknowledge receipt of Plaintiffs Petition filed in the District Co un of Travis County, Texas, numbered 99-13088 styled Marcie Caldwell, individually, and on behalf of all others similarly situated v. Carole Keeton Rylander et at. to include Calhoun County, among other Texas counties. Based on the allegations outlined in the lawsuit, Marcie Caldwell is alleging that Calhoun County has continued to administer and participate in the Judicial Fund under an unconstitutional Section 5I.702(b), Texas Government Code since 1992. Coverage for this claim is being sought under the Commercial General Liability Coverage Part numbered PE- 4601230-00 effective July 17,2002 to July 17,2003. After reviewing the pleadings in this lawsuit as well as the coverage part mentioned above, it appears there will be no coverage for this claim. The reasons for this disclaimer of coverage are outlined further below. Please refer to the Commercial General Liability Coverage Part SECTION I - COVERAGES, which states the following: I. Coverage Agreement a. We will pay those sums that the covered partly becomes legally obligated to pay as damages because of "bodily injury" or "propeny damage" to which this coverage applies. We will have the right and duty to defend the covered party against any "suit" seeking those damages. However, we will have no duty to defend the covered party against any "suit" seeking damages for "bodily injury" or "property damage" to which this coverage does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (I) The amount we will pay for damages is limited as described in Section III - Limits Of Coverage; and P.O. Box 460729, SAN ANTONIO, TEXAS 78246-0729. TEL 210-342-8808 FAX 210-342-8193 www.tridentinsurance.net 289 (2) Our right and duty to defend ends when we have used up the applicable limit of coverage in the payment of judgments or settlements under Coverage's A or B or medical expenses under Coverage C. As you can see, this agreement states there is coverage for only "bodily injury" and "property damage:' which are defined in the coverage part as follows: e Section V - Definitions 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. There is no coverage per this Coverage Agreement since there are no claims for "bodily injury" or "property damage" as defined by the coverage part. Now, please refer to the subject coverage part, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, which states the following: 1. Coverage Agreement a. We will pay those sums that the covered party becomes legally obligated to pay as damages because of "personal and advertising" to which this coverage applies. We will have the right and duty to defend the covered party against any "suit" seeking those damages. However, we will have no duty to defend the covered party against any "suit" seeking damages for "personal and advertising injury" to which this coverage does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: e (I) The amount we will pay for damages is limited as described in Section III - Limits Of Coverage; and (2) Our right and duty to defend will end when we have used up the applicable limit of coverage in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. This agreement covers only "advertising injury" or "personal injury," which are defined in the policy as follows: Section V - Definitions 14. "Personal and advertising injury" means injury, including consequential "bodi]y injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b, Maliciolls prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication of material that violates a person's right of privacy; f. . The use of another's advertising idea in your "advertisement;" or g. Infringing upon another's copyright. trade dress or slogan in your "advertisement." e There is no coverage per this Coverage Agreement since there are no claims for "personal injury" or "advertising injury" as defined by the coverage part. P.O. Box 460729, SAN ANTONIO, TEXAS 78246-0729. TEL 210-342-8808 FAX 210-342-8]93 www.tridentinsurance.net 290 For the reasons stated above, Trident Insurance Services hereby disclaims any and all obligation or liability under the General Liability Coverage Part, Certificate No. PE-4601230-00 in regard to this lawsuit. This disclaimer is based on the current pleadings. Should you be served with an amended Complaint, please provide us with a copy so we may determine the possibility of coverage based on the pleadings in the amended Complaint. Should you have any information that is contrary to that expressed above, please feel free to contact the undersigned and your concerns will be addressed. It is recommended that if you carried Public Official's coverage with another carrier dating back to 1992, you immediately place them on notice of this lawsuit. Thank you for your attention to this matter. e Sincerely, TRIDENT INSURANCE SERVICES ~U-d:o.. ~ Kurt A. Eggerss Claims Operations Manager 877.474.8808 cc: GSM Insurors Attn: Melanie Harwick P.O. Box 1478 Rockport, TX 78382 CALHOUN COUNTY FAIRGROUNDS PAVILION BUILDING IMPROVEMENTS APPROVE CHANGE ORDER NO.2 e A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve Change Order No. 2 for the Calhoun County Fairgrounds Pavilion Building Improvements. In discussion, Change Order No. 1 and that fee was questioned. Commissioner Galvan rescinded his motion and Commissioner Balajka, his second. This was put on the October 24, 2002 agenda. GENERAL DISCUSSION - FAIRGROUNDS PARKING LOT REPAIR Commissioner Galvan said the pavement around the edge at the base of the parkin~ lot at the fairgrounds has been destroyed by heavy equ~pment and asked for two trucks of topping rock from each precinct to repair same. GENERAL DISCUSSION - SWAN POINT PROJECT Commissioner Finster said the Swan Point Project extra concrete will require a change order in the amount of $300. He asked the State of Texas, which will deed the park over to the County, for reimbursement. GENERAL DISCUSSION - BEACH EROSION PREVENTION PROJECT Commissioner Galvan stated Ty Zeller, attorney, has hired the Bickerstaff Firm regarding the $213,000 land grant concerning the beach erosion prevention project; we may not have the money for this. They will meet Thursday. Commissioner Finster suggested applying the costs to Commissioners' Court rather than the precinct. e GENERAL DISCUSSION - ANITA KOOP. ET AL LAW SUIT Commissioner Floyd said the Court hearing regarding the Anita Koop, et al law suit has been moved to January 3, 2003. GENERAL DISCUSSION - POINT COMFORT PIER AND PARK Commissioner Floyd said the County has maintained the Point Comfort pier for years; this is being surveyed and will be deed to the county. The public beach whiCh has also been maintained by the county is being surveyed. THE COURT ADJOURNED AT 10:45 A.M. 231