2002-10-15
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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:
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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.
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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.
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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.
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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
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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.
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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
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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.
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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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& 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
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ALLISON, BASS & ASSOClATES. L.L.P.
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402 Wio:ST Ul'll STlH:F;T
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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
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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:
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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:
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(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."
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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.
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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
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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.
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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