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2015-05-28Regular 2015 Term THE STATE OF TEXAS § COUNTY OF CALHOUN § Held May 28, 2015 BE IT REMEMBERED, that on this 28th day of May, A.D., 2015 there was begun and holden in the Commissioners' Courtroom in the County Courthouse 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 Vern Lyssy Neil Fritsch Kenneth W. Finster Anna Goodman Josie Sampson County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Lyssy led the Pledge to the US Flag and to the Texas Flag. PUBLIC DISCUSSION OF COUNTY MATTERS: Judge Pfeifer read and signed a Proclamation for Mandatory Evacuation effective as of 10:00 A.M. on May 28, 2015. Judge Pfeifer also read a proclamation declaring a State of Local Disaster and stated he will sign the declaration on May 29, 2015. He stated the state of disaster shall continue for a period of not more than seven days. PROCLAIVIATION MANDATORY EVACUATION 'WUEREAS, Calhoun County Judge Michael J. Pfeifer has determined that there is An imminent threat of injury, or loss of life or property resulting from Flooding on the Guadalupe Diver WHEREAS, County Judge Michael J. Pfeifer has determined that treasures must be taken to protect the citizens of Haeber Lane and Guadalupe River Drive. NOW THEREFORE BE IT ORDERED that HAEBER LANE AND GUADALUPE RIVER DRIVE are under a MANDATORY EVACUATION as of l 0:00 A.M. on May 28, 2015. ORDERED and Signed this the 20 day of May, 2015. Michael J. P eifer Calhoun County Judge ATTEST: Calhoun County Clerk By: -tea y a fn Josie Sampson, Deputy Clerk PROCLAMATION LIFTING MANDATORY EVACUATION WHEREAS, On May 28, 2015, Calhoun County Judge Michael J. Pfeifer determined that there was an imminent threat of injury, or loss of life or property resulting from Flooding on the Guadalupe River WHEREAS, County Judge Michael J. Pfeifer determined that measures had to be taken to protect the citizens of Haeber Lane and Guadalupe River Drive. WHEREAS, County Judge Michael J. Pfeifer Ordered a Mandatory Evacuation of HAEBER LANE and GUADALUPE RIVER DRIVE on May 28, 2015. WHEREAS, The conditions that existed on May 28, 2015 are no longer a threat to the citizens of Calhoun Comity. NOW THEREFORE, LET IT BE PROCLAIMED THAT I, Michael J. Pfeifer, County Judge of Calhoun County, Texas, do hereby lift the Mandatory Evacuation of HAEBER LANE and GUADALUPE RIVER DRIVE as of this date, June 5, 2015. ORDERED and Signed this the 5'h day of June, 2015. ry�Uf -� Michael J. Pfeife Calhoun County Judge ATTEST: Calhoun County Cleric By: Josie Sampson, Deputy Clerk .a i-n C.. 2r mr i -i-0 C ikW Fr {1H Cli i 0 a,T -am 0 ADO A cdc� wC�} w I June 05 2o15 2:42 PH This Document has been received by this Office for Recording into the Official Public Records. He do hereby smear that ue do not discriminate due to Race, Creed, Color, Sex or, Rational origin. Filed for• Record in: Calhoun County Honorable Anna Goodman County Clerk epu Instr.: 143567 1 Stamps: 2 pageW DECLARING A STATE OF LOCAL DISASTER WHEREAS, the County of Calhoun beginning on the 29th day of May, 2015 has suffered widespread or severe damage, injury, or loss of life or property (or there is imminent threat of same) resulting from flooding and; WHEREAS, the Judge of the County of Calhoun has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property; NOW, THEREFORE, BE IT PROCLAIMED, 13Y THE JUDGE OFTHE COUNTY OF CALHOUN: 1. That a state of disaster is declared for the County of Calhoun. 2. That the County's Emergency Management Plan has been implemented. 3. That this state of disaster shall continue for a period of not more than seven days from the date hereof, unless the same is continued by consent of the Commissioners' Court of the County of Calhoun, Texas. 4. That this proclamation shall take effect immediately from and after its issuance. SIGNED this the 29th day of May, 2015. Michael J. f ifer ounty Judge Calhoun County, Texas ATTEST: Calhoun County Clerk By: Josie Sampson, Deputy Clerk H0 Z-n �N �C7 C.r 3TI Mr -i'O c Ow .r . Clio a mm ®m 0 K10 M (OV w v May 29 2015 11.07 AN This Oacument has been received by this Office for Recording into the Official Public Records. Ne do hereby swear that we do not discriminate due to Race, Creed, Color, Sex or National Origin. Filed for Record in: Calhoun County Honorable Anna Goodman County Clerk epu y lnstr.: 143460 Stamps: 2 Page(s) .C} Z,n m-ry ,.. -TO PROCLAMATION r� am- mr- DECLARATION OF DISASTER FOR CALHOUN COUNTY a -sue c :W-m �r WHEREAS, the County of Calhoun on the 51h of May, 2015 and continuing to this date is under imminent threat of financial and economic impact affecting the Seafood Industry; specifically shrimp, oysters, crab and other Seafood related Industries, Agribusiness and Tourism, due to: "m r. ' n}a SEVERE WEATHER, FLOODING EVENTS, and TROPICAL STORM BILL; AND p}� r�CQ WHEREAS, THE COUNTY JUDGE of Calhoun County has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property. as m a, NOW, THEREFORE, BE IT PROCLAIMED BY THE COUNTY JUDGE OF CALHOUN n COUNTY: 1. That a local state of disaster is hereby proclaimed for Calhoun County pursuant to § 418.108(a) of the Texas Government Code. 2. Pursuant to § 418.108(b) of the Government code, this Declaration of a local state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the Commissioners' Court of Calhoun County. 3. Pursuant to§418.108(c)of the Government Code, this Declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk of Calhoun County. 4. Pursuant to§408.108(d) of the Government Code, this Declaration of the local state of disaster activates the Calhoun County Emergency Management Plan. This Proclamation takes effect immediately from and after its issuance, ORDERED THIS 26th DAY of June, 2015. Attest: Anna Goodman, County Clerk Michael J. Pfeifer, ounty Judge Calhoun County, Texas _fate 26 26I5 9:11 AN This Document has been received by this Office for Recording into the Official Public Records. Re do hereby swear that we do not discriminate due to Rare, Creed, Color, Sex or Rational origin. Filed for Record in: Calhoun County Honorable Anna Goodman County Clerk 2U"�'Jq, Deputy instr.: AIM Stamps: 2 Page(s) RECOGNITION OF CALHOUN COUNTY HISTORICAL COMMISSION FOR AWARD RECEIVED BY THE NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION FOR EXTRAORDINARY DEDICATION FOR PRESERVING THE HISTORY OF CALHOUN COUNTY AND RECOGNITION OF MARY BELLE MEITZEN FOR AWARDS RECEIVED BY THE TEXAS SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION FOR SERVICE ON CALHOUN COUNTY HISTORICAL COMMISSION AND THE NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION FOR OUTSTANDING ACHIEVEMENT IN HISTORIC PRESERVATION: Commissioner Galvan presented the award for outstanding achievement in historic preservation from the National Society of the Daughters of the American Revolution to Mary Belle Meitzen of the Calhoun County Historical Commission. Commissioner Galvan also presented a Certificate of Appreciation to Mary Belle Meitzen from the Texas Society of the Daughters of the American Revolution for her service on the Calhoun County Historical Commission Historical Preservation Committee. Mrs. Meitzen was also presented an award from the National Society of the Daughters of the American Revolution Historic Preservation Committee in recognition of Outstanding Achievement in Historic Preservation. w s I LM LM ry C) N N R a I c C IN 54: f W, n I -4 APPROVE SPECIFICATIONS AND AUTHORIZE THE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR 2015 CALHOUN COUNTY BAUER EXHIBIT BUILDING AND SHOW BARN REROOF. A MANDATORY PRE -BID MEETING WILL BE HELD THURSDAY, JUNE 18, 2015. BIDS WILL BE DUE THURSDAY, JULY 2, 2015 AND CONSIDERED FOR AWARD ON THURSDAY, JULY 9, 2015. Commissioner Galvan made a motion to approve specifications with the change that material that is removed is to remain the property of the County and authorize the County Auditor to advertise for bids for 2015 Calhoun County Bauer Exhibit Building and Show Barn Reroof. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 202 S. ANN ST, STE R PORT LAVACA, TEXAS 77979 (361)553-4610 ,MORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE — PEGGY HALL DATE: May 19, 2015 RE: AGENDA ITEM - May 28, 2015 ® Consider and take necessary action to approve specifications and authorize the County Auditor to advertise for bids for 2015 Calhoun County Bauer Exhibit Building and Show Barn Reroo£ A mandatory pre -bid meeting will be held Thursday, June 18, 2015. Bids will be due Thursday, July 2, 2015 and considered for award on Thursday, July 9, 2015. (RG) CONTRACT DOCUMENTS FOR 2015 CALHOUN COUNTY BAUER EXHIBIT BUILDING AND SHOW BARN REROOF FOR THE COUNTY OF CALHOUN, TEXAS PREPARED BY G & W ENGINEERS, INC. ARE ON FILE WITH THE MAY 28, 2015 MEETING MINUTES OF THE COMMISSIONERS' [41011:il REQUEST TO CLOSE, ABANDON AND VACATE A PORTION OF A PUBLIC ROADWAY IN WARD STREET, BEING 593 SQUARE FEET OF WARD STREET, THE SAME BEING A TRACT 10' WIDE X 59.30' IN LENGTH OF THE NORTHWESTERN SIDE OF THE 60' ROADWAY, IN THE JUAN CANO SURVEY, AND BEING A PORTION OF WARD STREET, SAID STREET BEING ON A PLAT OF RECORD IN VOLUME Z, PAGE 124, OF THE PLAT RECORDS OF CALHOUN COUNTY, TEXAS, THE 10' WIDE X 59.30' IN LENGTH PORTION OF THE ROADWAY BEING ADJACENT TO A 0.08 ACRE TRACT IN THE NAME OF DARRYL C. TICE AND BEING MORE FULLY DESCRIBED IN VOL. 63, PAGE 449, CALHOUN COUNTY OFFICIAL RECORDS: David Roberts, Attorney, addressed the Court and stated the only property owner affected by this abandonment is Darryl C. Tice. Mr. Roberts stated he had sent proper notices to Mr. Tice. He stated he had received a phone call from Mr. Tice who stated he has no objection to closing this strip. Commissioner Lyssy made a motion to close, abandon and vacate a portion of a public roadway in Ward Street, being 593 square feet of Ward Street, the same being a tract 10' wide x 59.30' in length of the northwestern side of the 60' roadway, in the Juan Cano Survey, and being a portion of Ward Street, said street being on a plat of record in Volume Z, Page 124, of the Plat Records of Calhoun County, Texas, the 10' wide x 59.30' in length portion of the roadway being adjacent to a 0.08 acre tract in the name of Darryl C. Tice and being more fully described in Vol. 63, Page 449, Calhoun County Official Records. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 211 S. Ann Port Lavaca, TX 77979 (361) 552-9242 May 21, 2015 Calhoun County Commissioner Precinct #1 S� ETC Op r OGhTY OF CF�'�OJZ Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the next Commissioner's Court Agenda. Fax (361) 553-8734 Pager (361) 579-7915 Mobile (361) 935-3552 • Consider and take necessary action to abandon a public road for Darryl C. Tice. Sincerely, County Comm' ioner / Roger C. Galvan V RCG/apt In Salle Monument Indianola, Tew.r Susan Riley_ - - From: Kathy Vickery <kathy@portlavacalaw.com> Sent: Tuesday, May 12, 2015 1:32 PM To: susan.riley@calhouncotx.org Subject: Agenda Item Susan: I have cleared the following agenda item with Commissioner Galvan for the next meeting of the Commissioner's Court if we are not too late to get on that agenda. If it is too late, then we would appreciate being placed on the first agenda in June. I dropped a packet containing the original Application and Notice was dropped by your office last week, however, if you need anything else, please let me know. I would appreciate your also letting me know which agenda we will have to be on in order that we may calendar the same. Consider and take necessary action to close, abandon and vacate a portion of a public roadway in Ward Street, being 593 square feet of Ward Street, the same being a tract 10' wide x 59.30' in length of the northwestern side of the 60' roadway, in the Juan Cano Survey, and being a portion of Ward Street, said street being on a plat of record in Volume Z, page 124, of the Plat Records of Calhoun County, Texas, the 10' wide x 59.30' in length portion of the roadway being adjacent to a 0.08 acre tract in the name of Darryl C. Tice and being more fully described in Vol. 63, Page 449, Calhoun County Official Records. I would appreciate your placing this on the agenda. Dictated by: David Roberts david(ae portlavacalaw.com Kathy Vickery Legal Assistant to David Roberts Roberts, Roberts, Odefey & Witte, LLP P. O. Box 9 2206 N. Highway 35 Bypass Port Lavaca, Texas 77979 361 /552-2971 361/552-5368 katll portlavacalaw.coni ROBERTS, ROBERTS, ODEFEY & WITTE, LLP - CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. NOT INTENDED AS A SUBSTITUTE FOR A WRITING: Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance and effect, absent an express statement to the contrary hereinabove, this e-mail message, its contents, and any attachments hereto are not intended to represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Roberts, Roberts, Odefey & Witte, LLP any of its clients, or any other person or entity. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § NOTICE OF INTENT TO CLOSE, ABANDON AND VACATE 593 SQUARE FEET OF WARD STREET, A PUBLIC ROADWAY AS SHOWN ON THE PLAT RECORDED IN VOLUME Z, PAGE 124 OF THE MAP AND PLAT RECORDS OF CALHOUN COUNTY, TEXAS Attached to this Notice is a Petition to close, abandon and vacate 593 square feet of the roadway known as Ward Street in the Indianola area of Calhoun County, Texas, as more fully shown on the plat attached hereto, which Application is intended to be filed with the Calhoun County Commissioner's Court and heard by the Commissioner's Court upon the expiration of a minimum twenty days after April 61A, 2015, being the date that this Notice of Intent is posted at the following locations: On a portion of the roadway to be closed and abandoned, at the Mail Box Station (Post Office) in Port Lavaca, Calhoun County, Texas and the Courthouse door in Calhoun County, Texas. By: � `�/ Darryl .Tice By: Renae Tice STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CALHOUN § APPLICATION AND PETITION TO CLOSE, ABANDON AND VACATE 593 SQUARE FEET OF WARD STREET, A PUBLIC ROADWAY AS SHOWN ON THE PLAT RECORDED IN VOLUME Z, PAGE 124 OF THE MAP AND PLAT RECORDS OF CALHOUN COUNTY, TEXAS TO THE HONORABLE COMMISSIONER'S COURT OF CALHOUN COUNTY: NOW COMES, Darryl C. Tice and wife, Renae Tice, being the owners of a tract of property hereinafter described out of Block 1, Tract 51 in the Indianola Park. Area, Calhoun County, Texas, according to the plat in Volume Z, Page 124, Map and Plat Records of Calhoun County, Texas, and hereby petitions the Commissioner's Court to close, abandon and vacate 593 square feet, the same being a tract 10' x 59.30' of the 60' roadway shown as Ward Street on the above referenced plat. The 60' roadway is more fully shown on the plat attached hereto marked Exhibit "A" and made a part hereof for any and all purposes and the 10' x 59.30 tract is also shown on the plat and adjacent to Darryl C. Tice and wife, Renae Tice's property and the portion of the roadway that Applicants seek to have closed, abandoned and vacated is further described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for any and all purposes, all being in Calhoun County, Texas. The closing, abandonment and vacating of 593 square feet of this roadway shall be subject to all oil, gas and mineral reservations and other documents appearing of record in the Office of the County Clerk of Calhoun County, Texas affecting the portion of the roadway to be closed. The roadway is not a first-class or second-class road and has never been constructed as a roadway, nor has it been maintained by the County as a roadway and only a 10' wide portion of the 60' right of way is being closed, abandoned and vacated, therefore it is not necessary for a new road to be designated by the Court as a replacement. In support hereof, the undersigned parties, Darryl C. Tice and Renae Tice, would show unto the Court as follows: a. All other property owners abutting Ward Street have been notified by letter of this Application and Petition to Close, Abandon and Vacate a Portion of a Public Road. There remains 50' of width of the roadway for use by the adjoining land owners, the public and for the use of present and future utility companies to provide utilities to all of the lot owners adjacent to Ward Street. b. Because encroachments or a house on the Applicants' property and partially on the County's property that currently exist and has existed for a long period of time, it is in the best interest of all parties that the 593 square feet described above as a portion of the roadway be closed, abandoned and vacated and that the closed, abandoned and vacated roadway shall become a part of the adjoining property. c. The adjoining property owned by Darryl C. Tice and wife, Renae Tice is more fully shown on the Exhibit "A" plat attached hereto and is located at the corner of Main Street and Ward Street, and as also shown on the plat of record in Volume Z, Page 124 of the Map and Plat Records of Calhoun County, Texas and described by metes and bounds on Exhibit "C" attached hereto and made a part hereof for any and all purposes. Applicants, by and through their attorney and pursuant to Texas Transportation Code Section 251.051 & Section 251.052, will show that proper notice of this Application and Petition to Close, Abandon and Vacate 593 square feet of Ward Street and a Notice of Intent to Close, Abandon and Vacate 593 Square Feet of Ward Street, a Public Roadway as Shown on the Plat Recorded in Volume Z, Page 124 of the Map and Plat Records, Calhoun County, Texas, the same being a tract 10, x 59.30' out of the 60' Roadway of Ward Street, have posted on the portion of the roadway to be closed, abandoned and vacated, at the Mail Box Station (Post Office) in Port Lavaca, Calhoun County, Texas and at the Courthouse door in Calhoun County, Texas, as designated by the Commissioner's Court of Calhoun County, `.texas for posting of notices of this type, which all are public places in accordance with Texas Transportation Code Section 251.051 & Section 251.052 and such notices shall be posted for at least twenty (20) days before the date of the hearing. WHEREFORE, the undersigned parties, Darryl C. Tice and wife, Renae Tice, being the owners of the 0.08 acre tract as shown on the Exhibit "A" plat and described by metes and bounds on Exhibit "C" attached hereto, respectfully request that the Commissioner's Court of Calhoun County, Texas close, abandon and vacate 593 square feet of this roadway known as Ward Street, such 593 square feet being more fully described on the attached Exhibit "B" and made a part hereof for any and all purposes, all in accordance with Texas Transportation Code Section 251.051 & Section 251.052. 2 WITNESS OUR HANDS, this 9Lq�day of April, 2015. arr KC. Tice -®� Renae Tice STATE OF TEXAS § COUNTY OF &1b§ This instrument was sworn to and acknowledged before me on this the Ae day of April, 2015, by Darryl C. Tice. (SEAL) Notary Public, State of Texas ,:'�'"��; CANNIECRANEK *� *' MY COMMISSION EXPIRES STATE OF TEXAS § COUNTY OF 1 0 Y § This instrument was sworn to and acknowledged before me on this theA111 day of April, 2015, by Renae Tice. (-�,74 CONNIECRANEK *` MY CCMMI8SI9N EXPIYiEs Notary Public, State of Texas \fkl5 tea° -A, N6g 3 a f 59. ,0 � !ESlIN G Rr� 0.)TAw IT]/12! GGO.fl. n r mncr T I5V AO Z,V, B GGO.F. RAI Au ,,'Z CC.RR NRCJ9iV d N/ (8 o wxn G A¢ 'A, Ave l col � h aPo P g� h ry P o BEING A PORTION OF MAIN STREET AND A PORTION OF WARD STREET AS PER THE RECORDED PLAT OF THE CITY OF INDIANOLA RECORDED IN VOLUME Z, PG. 924, DEED RECORDS OF CALHOUN COUNTY; TEXAS, G A ENGINEERS, INC. o ENGINEERING ^ SURVEYING ^ ARCHITECTURE ^ PLANNING 205 W. LIVE OAIC ST. PORT LAVACA, TEXAS 77979 (361) 552-4509 1801 7th ST., SUITE 290 BAY CITY, TEXAS 77414 (979) 323-7100 OUNCY R DAVPVAV A mrc RIAm I OfNNIS L. 6I"VT 4!> A, 1-1 1 A, J JJ</516 CCRF. LEGEND �— UNLESS NOTEOIRON ROD — 0 SET 5/6" IRON ROD PATH RED P STIC CAP —X— EXISTING VARE FENCE [ ] DEED CALL OR PLAT CALL I. DAVID Vt. GANN, REGISTERED PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY THAT THE PLAT SHOWN HEREON AND A FIELONOTE DESCRIPTION PREPARED REPRESENTS THE RESULT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTIQPY'IN APRIL 2004 G VI W ENGINEERS INC, g �i I. . Q O OAVIO GANN ER PROFESSIONAL LAND SURVEYORNO, 3818 �••O DAVIG W.'GANN . A 3816 a . Exhibit "A" All that certain tract or parcel of land lying and being situated in Calhoun County, Texas and being a part of the Juan Cano Survey and being a portion of Ward Street, said street being on a plat of record in Volume Z, Page 124 of the Plat Records of Calhoun County, Texas and being out of the 0.04 acre tract shown in the Ward Street Right of Way on the G&W Engineers, Inc. Plat, Drawing Number 3381-002 dated April 2, 2004 and the tract being the subject of this road closure being a 10' x 59.30' tract immediately adjacent to that certain Darryl C. Tice and wife, Renae Tice property, being more fully described in that certain Warranty Deed dated June 15, 1991 and filed under Clerk's File #22728 and recorded in Volume 63, Page 449 of the Official Records of Calhoun County, Texas and said 10' x 59.30' tract is more fully described by metes and bounds as follows: BEGINNING at the northeastern most corner of the Darryl C. Tice tract above described, the same also being in the northwest right of way line of Ward Street where Ward Street intersects Main Street, said Main Street being shown on that certain plat of record in Volume Z, Page 124 of the Map and Plat Records of Calhoun County, Texas and said point also being on the southwesterly boundary line of Main Street for the POINT OF BEGINNING. THENCE south 66' 39' 00" east, a distance of 10 feet to a point; THENCE south 23' 28' 00" west, a distance of 59.30 feet to a point; THENCE north 66' 39' 00" west, a distance of 10 feet to the common boundary line between Ward Street and the above referenced Darryl C. Tice, et ux tract, for a point; THENCE north 23' 28' 00" east, a distance of 59.30 feet to the POINT OF BEGINNING. Exhibit "B" All that certain tract or parcel of land together with the improvements thereon lying and being situated in -Calhoun County, -- Texas, part of the Juan Cane Survey and being a portion of the 21/100 of an acre tract described in a Deed from Ed Dell, et ux to Lester a, Tice, st ux, dated Pauly 18,'1959, and recorded in Volume 162, Page 260-262, Deed Records of Calhoun _ County, Texas, with metes and bounds as follows, to -wit: DEGINNING at the southeast corner of this tract (which is also the southeast corner Of that 21/100 acre tract of which this is a part), which I, N. 660 39, W. Beres, a 60 foot road from the northeast corner of the 1 acre tract sbld by a. W. Doremus,. et al to Foster; THENCE N. 66° 39, W, a distance of 60 feet to a point for corner in the northeast line of the tract of which this is a parts THENCE S. 23° 281 W, severing the 21/160 acre a distance of 59,3 feet to a point for the northwest corner of this tract, THENCE S 660 39, E. 60 feet to a stake set in the northwest boundary iine•of Hie 6D foot roadway for the southwest corner of the tract herein conveyed; THENCE N.-23° 28' E. along and with said a dist 60 st adway northwest boundary line `ancreoOf 59.g. 3 feet to the point or place of beginnin HOWEVER THERE IS RESERVED all the oil, gas and other minerals in, on or under said land as is fully set forth in Dell Of rec0o deed from o W. Doremus, et al to Ed rd 257, in volume 96, at page Deed Records of Calhoun.County, 'Pex`as in which it further refers to oil, gas and mineral lease then sub- sisting on leads of which this is a part. Exhibit "C" ROBERTS, ROBERTS, ODEFEY & WITTE, LLP ATTORNEYS AT LAW 2206 HIGHWAY 35 NORTH DAVID ROBERTS WANDA ROBERTS ANNE MARIE ODEFEY SANDRA WITTE CARLY W. WALL Honorable Michael J. Pfeifer Calhoun County Judge V211 S. Ann Street Port Lavaca, Texas 77979 Quincy Milo Thompson 110 Guinevere Victoria, Texas 77904 Dear Property Owners: POST OFFICE BOX 9 PORT LAVACA, TEXAS 77979 TEL: 361.552.2971 FAX: 361.552.5368 April 22, 2015 Gerald P. and Donna G. Haschke 308 Fox Hollow Buda, Texas 78610 Re: Possible Closing of 10 Foot Strip of Ward Street Adjacent to the Darryl C. Tice Property at the Corner of Ward Street and Main Street on the West Side of Main Street as per the Plat in Volume Z, Page 124 in Calhoun County, Texas I represent Darryl C. Tice and wife, Renae Tice, who have an existing house on property which they have owned since 1991. A survey has revealed that the improvements on the property owned by my clients encroaches approximately 7 feet into the 60 foot wide roadway known as Ward Street. My clients and I have spoken with Mr. Roger Galvan, County Commissioner of Precinct 1 and he has advised us that he has no objection to the County abandoning a 10' x 59.30' strip of property out of the roadway in order that my clients may be able to cure the problem of the house encroaching into. the roadway. That would leave 50 feet of right of way for Ward Street from Main Street for 59.30 feet at which point it would again widen back out to 60 feet. The County roadway has never had a road constructed on and maintained by Calhoun County. All adjacent property owners to Ward Street and the County are being given notice of the closing and abandoning of the 10 foot strip adjacent to the Tice property. I have attached hereto a G&W Engineers, Inc. Survey reflecting the Tice property, the roadway in question and the adjoining land owners to Ward Street. This will allow my clients to cure the title defect with the house not being completely located on property owned by the Tice's. I would like to be in a position to tell the County Commissioners when I appear before them at one of their regularly scheduled Commissioner's Court meetings that we April 22, 2015 Page 2 have notified everyone and that no one has expressed an objection to assisting the Tice's in curing their real estate problem with the abandonment of the 10' x 59.30' wide strip made the basis of this road closing. I will be more than happy to answer any questions that you may have concerning the partial closing of the roadway. For your convenience, I am also enclosing a copy of a photograph shot from the north side of Ocean Drive looking down Ward Street. As you can see, the current roadway being used is far to the left side of the roadway and will not in any way be affected by the Tice road closing of the 10' strip as it is to the far right side of the roadway. Please feel free to contact me at the address above by telephone or in person if you should have any questions. Yours truly, ROBERTS, ROBERTS, ODEFEY & WITTE, LLP &011� V(-- David Roberts DR/kv Enclosures cc: Mr. and Mrs. Darryl C. Tice � JJa/nd ccaR. all A— t e s 9.zs Am IViI x MGaV° yq 4�LL4.o lYa� �Vqf C, �n ot0 .,pD gGG 9 Vv OR 4c: �� 593� o Toi s f 53i OR � ( LESRRC TILE' CxGGJ9 )y! ppII'' O 'Y Q � QIJ Arse ,q „h�� BAYj� Q �L eJ>/izl ccaa n� (xesayyy e � (g0.�Q.°�A� �Ih *qF� w oARRrc c ncc °p2 ��6° GpA9ryc �> `p C4gaJ9C 99. iev 6JI �CCQ. R. �QQ �ON pG R So e lsseygF 6E, /s3sJ9e >o JQ o^ za61'nAMIS O,Bg d n� �� oulRcr Q /Rauvsav ¢ rzvE' zn/J28 C.C.A. mN� a O letnL>QaaR A, a QERN/5'. A, 11f2 L/ JJd/JIBCCQR. H gw l a ze BEING A PORTION OF MAIN STREET AND A PORTION OF WARD STREET AS PER THE RECORDED PLAT OF THE CITY OF INDIANOLA RECORDED IN VOLUME Z. PG. 124, DEED RECORDS OF CALHOUN! COUNTY; TEXAS. G W ENGINEERS, INC. o ENGINEERING e SURVEYING - ARCHITECTURE o PLANNING 205 W. LIVE OAK ST. PORT LAVACA, TEXAS 77979 (361) 552-4509 1801 7th ST., SUITE 290 BAY CITY, TEXAS 77414 (979) 323-7100 DRAWN BY: RECOM'0 BY: DALE: SCALE: LEGEND --0— EXISTING 5 W' IRON ROD UNLESS NDTED —®— SET 5/8" IRON ROD PATH RED PLASTIC CAP —X— EXISTING WE FENCE l ) DEED CALL OR PLAT CALL I, DAVD W. GANN, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON AND A FIELDNOTE DESCRIPTION PREPARED REPRESENTS THE RESULT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTIQNryN APRIL 2004 G & W ENGINEERS, INC. DAMO tR. GANN A REGISTERED PROFESSIONAL 6XV6 WV. XAILPl LAND SURVEYOR N0. 3816 � . . . . . ........... ;A 3fi16 N:/. OFFICIAL PUBLIC RECORDS INSTRUMENT #143701 7 Stamp Page(.:? 1^ 0 Z11 MOTION TO CLOSE, ABANDON AND VACATE "'-" -I� A PUBLIC ROADWAY IN CALHOUN COUNTY, TEXAS am. A Motion was made by Commissioner Lyssy and seconded by mr Commissioner Galvan to Close, Abandon and Vacate a 10' x 59.30' +T portion of Ward Street described in the APPLICATION AND PETITION TO CLOSE,m ABANDON AND VACATE 593 SQUARE FEET OF WARD STREET, A PUBLIC ; p ROADWAY AS SHOWN AS SHOWN ON THE PLAT IN VOLUME Z, PAGE 124 OF -+ THE MAP AND PLAT RECORDS OF CALHOUN COUNTY, TEXAS of Darryl C. CC -IT Tice and wife, Renae Tice and as described by metes and bounds on Exhibit `B" attached m to the APPLICATION AND PETITION TO CLOSE, ABANDON AND VACATE 593 40 SQUARE FEET OF WARD STREET, A PUBLIC ROADWAY AS SHOWN AS SHOWN ON THE PLAT IN VOLUME Z, PAGE 124 OF THE MAP AND PLAT RECORDS OF CALHOUN COUNTY, TEXAS. T Commissioner(s) Galvan, Lyssy, Fritsch and Finster and County Judge Mike Pfeifer voted in favor of the motion. " - its vi Commissioner(s) voted against the motion. ORDER DECLARING CLOSURE, ABANDONMENT AND VACATING A PORTION OF WARD STREET IN CALHOUN COUNTY, TEXAS WHEREAS, on the �r � " day of May, 2015, the Commissioner's Court of Calhoun County, Texas considered the request of Darryl C. Tice and wife, Renae Tice, being property owners in Precinct 1 of Calhoun County, Texas, to close, abandon and vacate a 10' x 59.30' (593 square feet) portion of Ward Street, Ward Street being shown on that plat of record in Volume Z, Page 124 of the Map and Plat Records of Calhoun County, Texas and the portion of the street to be closed, abandoned and vacated being more fully shown on the plat attached hereto marked Exhibit "A" and described by metes and bounds on Exhibit "B", both Exhibits of which are attached hereto and made a part hereof for any and all purposes and incorporated herein as though fully set forth herein, WIIEREAS, Texas Transportation Code §251.051 vest in the Commissioner's Court the authority to close, abandon and vacate all or a portion of any roadway; and WHEREAS, the Commissioners have not previously classified the subject roadway as either a first class or second class road; and WHEREAS, the Commissioner's actions to close, abandon and vacate a portion of the roadway have not been enjoined or sought to be enjoined by any party; and 1 WHEREAS, proper notice of the Petition to close, abandon and vacate a portion of the roadway has been posted on the portion of the roadway to be closed, abandoned and vacated; at the Mail Box Station (Post Office) in Port Lavaca, Calhoun County, Texas and at the Courthouse door in Calhoun County, Texas, as designated by the Commissioner's Court of Calhoun County, Texas for posting of notices of this type, which all are public places in accordance with Texas Transportation Code Section 251.051 & Section 251.052 and such notices have been posted for at least twenty (20) days before the date of this hearing; and WHEREAS, Ward Street is a 60' roadway that extends from Main Street as shown on the plat in Volume Z, Page 124 of the Map and Plat Records of Calhoun County, Texas, for a distance in a direction of south 23' 28' 00" west for a total of 208.60 feet where it terminates; and WHEREAS, the Commissioners have voted to close, abandon and vacate this portion of the roadway that is shown on the Map and Plat attached hereto marked Exhibit "A" and is further described by metes and bounds on Exhibit `B" attached hereto; and WHEREAS, all requirements of Texas Transportation Code §251.051 and §251.052 have been complied with in declaring said roadway to be closed, abandoned and vacated. NOW, THEREFORE, ON MOTION DULY MADE BY Commissioner Lyssy and SECONDED by Commissioner Galvan I , and upon said Motion having been approved by the Commissioner's Court -in a properly posted public meeting. IT IS ORDERED AND DECREED, that Calhoun County does hereby CLOSE, ABANDON and VACATE a 10' x 59.30' portion of the roadway above described and the portion of the roadway is HEREBY CLOSED, ABANDONED AND VACATED as more fully described by metes and bounds on Exhibit "B" attached hereto and made a part hereof as though fully set forth herein. IT IS FURTHER ORDERED AND DECREED that on the date this Order is signed, title to the 10' x 59.30' portion of the roadway shall vest on this date in the owner of the property that abuts the portion of the roadway being closed, abandoned and vacated, pursuant to Texas Transportation Code §251.058(b). IT IS FURTHER ORDERED AND DECREED that a copy of this Order is to be filed in the Official Records of Calhoun County, Texas and a duly filed copy of the Order shall serve as the official instrument of conveyance of the closed roadway in Calhoun County, Texas from CALHOUN COUNTY to Darryl C. Tice and wife, Renae Tice, the 2 present owners of the adjoining property, their heirs and assigns, pursuant to Texas Transportation Code §251.058(b). SIGNED THIS i; $ ��" day of May, 2015. CALHOUN COUNTY, TEXAS H NORABL�E vIICFIIP:EL J. PFEIFER, CALHOUN COUNT,' JUDGE ATTESTED TO BY: ANNA GOODMAN CALHOUN COUNTY CLERIC By: q"z, >Aw^,,r44" Josie Sampson Deputy Clerk 91 flay 29 2015 3:45 p0 This Document has been received by this Office for Recording into the Official public Records. We do hereby swear that me do not discriminate due to Race, Creed, Color, Sex or Rational Origin. Filed for Record in: Calhoun County Honorable Anna Goodman County Clerk 1 -6A epu y Instr.: 143480 Stamps: 4 Page(s) Cb6BNp 4� i —R Yo 1gng6 CO6 0024c:91 �y�9 5 95 R�� t [L56lERG I?r£ (N66�96V\ .lJ Ace rN6B' 1V IJ%lTI CCRN. ny1 Tg fiARflK G R[6� \Q 7566 a 6. Ana � T9C g N 6%A, LGQR. 9� [3fi.9 M?Jnq 66 JR l rlRsr mncr IB569 AOi6 TST%T9 GCRR. BEING A PORTION OF MAIN STREET AND A PORTION OF WARD STREET AS PER THE RECORDED PLAT OF THE CITY OF INDIANOLA RECORDED IN VOLUME 7_, PG. 124, DEED RECORDS OF CALHOUN, COUN I Y; TEXAS. ENGINEERING ^ SURVEYING -ARCHITECTURE , PLANNING 205 W. LIVE OAK ST. PORT LAVACA, TEXAS 77979 (361) 552-4509 1801 7th ST., SUITE 290 BAY CITY, TEXAS 77414 (979) 323-7100 0.25 A— l0/663 CC.RR, / ^V V O. Q (O WN/CY R /HO!fPSpV L IffF£ q � BE R?T Aw Q IBl% /> GLRN. J. OEAg115 I.1W & N F Q!> Aoe, Tmq 2 O/ S JN/5/B LL0.R, LEGEND �— UNLESS N6TEDIRON ROD —O— SET 5/8" IRON ROD PATH RED PLASTIC CAP —X EXISTING VICE FENCE 11 OECD CALL OR PLAT CALL 1, GAPED W. GANN, REGISTERED PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY THAT THE PLAT SHOViN HEREON AND A FIELDNOTE DESCRIPTION PREPARED REPRESENTS THE RESULT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTI0JdjN APRIL 2004 G/& YI CNGINEERS, INC. OAVID VE GANN . REGISTERED PROFESSIONAL L LAND SURVEYOR N0. 3R16 � .. Exhibit "A" All that certain tract or parcel of land lying and being situated in Calhoun County, Texas and being a part of the Juan Cano Survey and being a portion of Ward Street, said street being on a plat of record in Volume Z, Page 124 of the Plat Records of Calhoun County, Texas and being out of the 0.04 acre tract shown in the Ward Street Right of Way on the G&W Engineers, Inc, Plat, Drawing Number 3381-002 dated April 2, 2004 and the tract being the subject of this road closure being a 10' x 59.30' tract immediately adjacent to that certain Darryl C. Tice and wife, Renae Tice property, being more fully described in that certain Warranty Deed dated June 15, 1991 and filed under Clerk's File #22728 and recorded in Volume 63, Page 449 of the Official Records of Calhoun County, Texas and said 10' x 59.30' tract is more fully described by metes and bounds as follows: BEGINNING at the northeastern most corner of the Darryl C. Tice tract above described, the same also being in the northwest right of way line of Ward Street where Ward Street intersects Main Street, said Main Street being shown on that certain plat of record in Volume Z, Page 124 of the Map and Plat Records of Calhoun County, Texas and said point also being on the southwesterly boundary line of Main Street for the POINT OF BEGINNING. THENCE south 66' 39' 00" east, a distance of 10 feet to a point; THENCE south 23' 28' 00" west, a distance of 59.30 feet to a point; THENCE north 66' 39' 00" west, a distance of 10 feet to the common boundary line between Ward Street and the above referenced Darryl C. Tice, et ux tract, for a point; THENCE north 23' 28' 00" east, a distance of 59.30 feet to the POINT OF BEGINNING. Exhibit `13" June lG 2015 9:58 AN This Document has been received by this Office for Recording into the Official Public Records. He do hereby swear that we do not discriminate due to Race, Creed, Color, Sex or National Origin. Filed for Record in: Calhoun County Honorable Anna Goodman County Clerk epu y� :tr.: 14;t701 Stamps: 7 Page(s) FINAL PLAT OF BIG FISH SUBDIVISION IN PORT O'CONNOR, TEXAS: Henry Danysh stated the plat has been revised to show the access easement into the property as well the drainage easement onto Monroe Street. Commissioner Finster made a motion to approve the Final Plat of Big Fish Subdivision in Port O'Connor, Texas, Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Kenneth W. Finster County Commissioner County of Calhoun Precinct 4 May 21, 2015 Honorable Michael Pfeifer Calhoun County Judge 211 S. Ann Port Lavaca, TX 77979 RE: AGENDA ITEM Dear Judge Pfeifer: Please place the following item on the Commissioners' Court Agenda May 28, 2015. ® Discuss and take necessary action to approve Final Plat of Big Fish Subdivision in Port O'Connor, Texas. Sincerely, Kenneth W. Finster KWF/at P.O. Box 177 — Seadrift, Texas 77983 —email: kfinsteroacalhouncotx.org — (361) 785-3141 — Fax (361) 785-5602 IOIROOI L A HI z $ Q � dii 3 33� �33ia r 3 pbe3= t E I" a x if k toil • p a bb @8 3 �€e/e6yyi�gaboffi!lNFTl=I)�4e� }l zaa�y �3s��gp��. 55 �,$esiggb"�a �� g{ gs e b b gg y33 Y9paEp S q a � • �Sg-. " 13381S OPMOD I SZB'39195'E 4-- -- 0 U O i RK S� LEASE AGREEMENT BETWEEN RICOH AND CALHOUN COUNTY CLERK FOR TWO NEW COPIERS AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Galvan made a motion to approve Lease Agreement between Ricoh and Calhoun County Clerk for two new copiers and authorize County Judge to sign. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. �,:- KARINA MENCHACA, DEPUTY�rtr £ DESIREE GARZA, DEPUTY AMANDA RODRIGUEZ, DEPUTY a��i4 FARLEIGH SUTTON, DEPUTY JOSIE SAMPSON, DEPUTY d fa �t{fl}ft ANNA M. GOODMAN COUNTY CLERK 211 S. ANN STREET, PORT LAVACA, TX 77979 (361)553-4411 May 18, 2015 Hon. Mike Pfeifer Calhoun County Judge Calhoun County Commissioners' Court RE: Ricoh Copier Lease Please allow us (Calhoun County Clerk's Office) to have Calhoun County Judge Michael J. Pfeifer sign the attached lease agreement for Ricoh. This is an agreement for a 5 year contract for two new copiers at a reduced lease agreement price. Respectfully, Anna M Goodman Calhoun County Clerk U:\Agoodman\AGENDA ITEMS\Agenda Item.051815.Ricoh Copier Lease.Doc Page 1 E Ricoh USA, Inc. 70 Valley Stream Parkway Malvern, PA 19355 Product schedule Number: Master Lease Agreement Number: This Product Schedule (this "Schedule") is between Ricoh USA, Inc. ("we" or "us") and CALHOUN COUNTY OF as customer or lessee ("Customer" or "you"). This Schedule constitutes a "Schedule," "Product Schedule," or "Order Agreement," as applicable, under the (together with any amendments, attachments and addenda thereto, the "Lease Agreement") identified above, between you and All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Lease Agreement. CALHOUN COUNTY OF ANNAGOODMAN Customer (Bill To) Billing Contact Name 211 S ANN ST 211 S ANN ST Product Cocoa.. Address Billing Address (iide. krenIf,em to titan, address) PORTLAVACA TX 77979-4203 PORTLAVACA TX 77979-4203 City County State zip City County State zip Billing Contact Telephone Number Billing Contact Facsimile Number Billing Contact E-Mail Address (361)553-4416 anna.goodman@calhouncotx.org PRODUCTIE UIPMENT DESCRIPTION "Produce' Qty Product Description: Make&Model 1 RICOH MPC4503 1 RICOHMP301SPF PAYMENT SCHEDULE Minimum Term(nranOrs) 60 Minimum Payment (IFrthum, Tn.) $ 378.37 Guaranteed Mfnimmn I nnges•° Color 7,000 0 Qty Product Desedptian: Make&Model Minimum Payment Billing Frequency ❑ Monthly ❑ Quarterly ❑ Other: Cost of Additional Images° $0.0086 Color $U0504 "Based upon Minimum Payment Billing Frequency ° Based upon standard 8 il" x l l" paper size. Paper sizes Pmal,, than 8 Yz" x 11"air, count as more than one image. Sales Tax Exempt: ❑i YES(Anach Exemption Certificate) C7rsmmoBiiling Reference Number(EO.N, etc.) Aeldcndnm(s) mtached: ❑ YES (check ifyes and indicate total number crimper Advance Pascual ❑ 1°Payment ❑ fe & Last Peyment ❑ Other: Meter Readin,/Iiilliog Fregsuncy ❑ Monthly Q Quarterly ❑ Other: TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms "Lease Payment" and "Commencement Date" rather than "Payment" and "Effective Date," then, for purposes of this Schedule, the term "Payment" shall have the same meaning as "Lease Payment," and the term "Effective Date" shall have the same meaning as "Commencement Date." 05/06/2015 09:48 AM 16264268 Mild (I LSEADD PS -IMP 4.15 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 1 of 2 2. You, the undersigned Customer, have applied to us to use the above -described Product for lawful commercial (non -consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise provided in any non -appropriation provision of the Lease Agreement, if applicable. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the terns and conditions on the Lease Agreement. THIS WILL ACRNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE, RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. You acknowledge and agree that the Ricoh service commitments included on the `Image Management Plus Conmritments" page attached to this Schedule (collectively, the "Commitments") are separate and independent obligations of Ricoh USA, Inc. ("Ricoh") governed solely by the terms set forth on such page. If we assign this Schedule in accordance with the Lease Agreement, the Commitments do not represent obligations of any assignee and are not incorporated herein by reference. You agree that Ricoh alone is the parry to provide all such services and is directly responsible to you for all of the Commitments. We are or, if we assign this Schedule in accordance with the Lease Agreement, our assignee will be, the party responsible for financing and billing this Schedule, including, but not limited to, the portion of your payments under this Schedule that reflects consideration owing to Ricoh in respect of its performance of the Commitments. Accordingly, you expressly agree that Ricoh is an intended party beneficiary of your payment obligations hereunder, even if this Schedule is assigned by us in accordance with the Lease Agreement. 3. Image Chargesi Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Schedule. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ("Additional Images"). The charge for Additional Images is calculated by multiplying the number of Additional Images by the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter readings) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading(Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSON SIGNING THIS SCHEDULE ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. Name: ichaC/ / fady 05/06/2015 09:48 AM ire l,-fr/ Accepted by: RICOH USA, INC. By: Authorized Signer Signature Printed Name: Title: Dale: 16264268 mill INNIMINWrWE101111111III LSEADD PS -IMP 4.15 Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 2 of 2 Ricoh USA, Inc. RICOH WCCH USA, INC,I70 Valley Stream Parkway IhIAGF fMNAUSEINT PLUS COIAMPIIONTS Malvern, PA 19355 The below service canmilmen& (collectively, the'Sewice Committal tal are brought to you by Ricoh USA, Inc, an Ohio corporation having its pandpal piece of business at 70 Valley Stream Pathway, Ma vem, PA 19355 ('Ricoh]. The words you' and your mar to you, our customer. You agree that Ricoh alone is the party to provide of of the services set home, below and is fully responsible to you, the customer, for all of the Service Commitments. Ricoh cur, if Ricoh assigns the Product Schedule to which this page Is attached in accordance with the Lease Agreement (as defined in such Product Schedule), Ricche assignee, is the party respons taefor financing and billing the image Management Plus Pmduct Schedule. The Service Commitments are only applicable to the equipment ('Produce) described in the Image Management Plus Product Schedule to which these Service Commitments are attahhed, excluding facsimile machines, single -function and wide format printers and production units. The Service Commitments are effective on the date the Product is accepted by you and apply dudng Recall's normal business hours, excluding weekends and Ricoh recognized Iwlidays. They remain in effect for the Minimum Tenn so long as no ongoing default exists on your part IERM PRICE PROTE OTI ON The Image Management Minimum Payment and the Cost of Addibonai Images, as described on the image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both panties. PROD LOT SERVICE AN B SUPPLIES Ricoh col provide full coverage maintenance services, including replacement pats, drams, labor and all service calls, during Normal Business tours. 'Normal Business Hours° are between 8:00 a.m. and 5:00 p.m., Monday to Friday excludingpuhlichdidays. Ricoh wlg also provide the supplies required to produce images on the Product covered under the Image Management Plus Product Schedule (other than narrational Product and soft metered Product). The supplies wlll be provided according to manufacturers specifications. Options supply items such as paper, staples and transparencies as not Included. RESPONSE TIME COVO9TMENT Ricoh W11 provide a quarterly average response time of 2 to 6 business hours forall service calls located Mlhin a Sandie radius of any Ricoh once, and 4 to 8 business hours for service call located within a 31-60 mile radius forthe term of the Image Management Plus Product Schedule. Response time Is measured in aggregate for all Productcovered by the Image Management Pius Product Schedule. UPTIME PERFORPdAIiCE COMMITMENT Ricoh vnll service the Product to be Operational %vth a capacity up6me average of 06%dudng Normal Business Fours, excluding preventative and interim mantenance time. Royal wlll begin at the time you place a service call to Ricoh and wall end when the Product is again Operations. You agree to make the Product available to Ricoh fa scheduled preventative and interim maintenance, You further agree to give Ricoh advance ration of any cdtica and specific amuse needs you may have so that Mob can schedule with you interim and preventative maintenance In advance of such needs. As used In these Service CommiMenis,'Operational means substantial compllar ce wlth the manufacturers specifications and/or performance standards and excludes custamary end -user corrective actions. iPIACE; VOL UPPE FL.EO BI LITY AND PROI UCT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Product Schedule N which these Service Commitments relate, Ricoh will, upon your request review your Image volume. if the Image volume has moved upward or downward in an amount sufficient far you to consider an alternative plan, Ricoh M11 present pricing options to conform to a new image volume. If you agree that additional product is required to sabsfyyone increased image volume requirements, Ricoh wall include the product in the pricing options. The addition of product and/or incrmsesldecreases to the Guaranteed Minimum Images requires an amendment ('Amendment) to the Image Management Plus Product Schedule that must be agreed to and signed by both parties to the Schedule. The term of the Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may extend the remaining ten of the existing Image Management Plus Product Schedule for up to an additional W months. Adjustments to the Guaranteed Minimum Images commitment rather the addition of product may result In a higher or lower minimum payment Images factors am limited to 25% of the Guaranteed Minimum Images In effect at the time ofAmendment PRODGCI AND PROP ESSIONAL SERVICES UPGRADE OPTION At any time after the expiration of one-half of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, you may reconfigure the Product by adding, exchanging, or upgrading to an item of Product wth additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment must be agreed to and signed by the pates to the Schedule, far a term not less than the remaining term of the existing Image Management Plus Product Schedule but may, in the case of an Amendment extend the remaining term of the existing Image Management Pius Product Schedule for up to an additional 60 months. The Cost ofAdditionai Images and the Minimum Payment of the new Image Management Plus Product Schedule all be based on any obligations remaining on the Product, the added product and new Image volume commitment Your Ricoh Account Executive via be pleased to work Mth you on a Technology Refresh poor to the end of your Image Management Plus Product Schedule or Amendment 05/06/2015 09:48 AM PERFORMANCE COMMITMENT Ricoh is committed to performing these Service Commitments and agrees to pedoun As carries in a manner consistent with the applicable manufacturers specifications. If Ricoh fails o meet any Service CommNrrents and in the unlikely event met Ricoh is not able to repair the Product in your office, Ricoh, at Marks election, will provide N you star the delivery of a temporary caner, for use while the Product is being mpdred at Ricoh's service center, or Ricoh will replace such Product with comparable Product of equal a greater capability at no additional charge. These are the exclusive remedies available to you under the Service Commitments. Proposes exclusive remedy shall be to Rush to re perform any Services not in compliance wdlh this warranty and bought to Framis attention in writing within a reasonable time, but in no event more than 30 days after such Services are performed. If you arc i issatisned vnth Ricoh's Immanence, you must send a registered letter outlining your concerns to the address specified below in the 'Quality Assurance section. Please allow 30 days fa tension. ACCCU HT PAANAGEME14T Your Ricoh sales professional wgl, upon your request be pleased to review your product performance metrics on a quadedybind and at a mutually convenient date and time Ricoheal followupwthn award hours circular e mat to one of Ricoh's account management team members requesting a metrics reMew. Ricoh art, upon your request, be pleased to annually review your business commands and discuss ways in which Ricoh may Improve efficiencies and reduce costs reh fig to your document management processes. QUALI TY ASSURANCE Please send all correspondence reeling ng to the Service Commitments via registered letter to fie Quality Assurance Department located at 3920 Adavright Road, Macon, GA 31210, Ann: Quality Suriname. The Quality Assurance Department efif coordinate resolution of any performance issues concerning the above Service Commitments with your level Ricoh office. If either of the Response Time or Upgme Performance Commitments is not met, aam time credit equal to 3% of your Minimum Payment invoice total MII be made available upon your request Credit requests must be made in wnitin9 via registered letter to Be address above. Ricoh Is committed to responding to any questions regarding invoiced amounts for the use at the Product relating to the Image Management Plus Product Schedule within a 2 day timefmme, To ensure the most timely response please call 1-888-2754566. E4150ELLA9ECUS These Service Commitments do not cover repairs resughg tom misuse (including whout limitation improper voltage or environment or the use of supplies that do net conform N the manufacturers spedfictons), subjective matters (such as color reproduction accuracy) or any other fatter beyond the reasonable control of Ricoh. Ricoh and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect N the subject matter hereof and Nat your care remedy far any Service Commitments not performed in accordance with the foregoing is as set forth under the section hereof entitied'Performance Guarnerenf. The Service Commitments made herein are service ardlor maintenance warranties and are not product warandes. Except as expressly set faith heroin, Room makes no warranties, express of implied, housing any implied warranties of merchantability, fitness for use, or Mess for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect punitive or special damages. Customer expressly acknowledges and agrees that, in connection with the security or accessibility of Information stored In or reroverabie ham any Product provided a serrwd by Ricoh, Customer is solely responsible fa ensuring its own compliance wlth legal requirements or obligations tes Had parties pedaning to data security, retention and protection. To the extent allowed by law Customer shall Indemnify and told harmless Ricoh and is subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees graluding reasonable attorneys' fees) arising from its failure to empty with any such legal requirements or obligations. These Service Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its compilers of law ponaples. These Samoa Commitments am not assignable by the Customer. Unless otherwhe stated In your Implementation Schedule, your Product will ONLY be seMced by a'Rlwh Contfied Technician. You acknowledge and agree that, In connection wild Its performance of its obligations under these SeMce Commitments, Ricoh may place automated meter reading units on Imaging devices, including but not limited to the Product at your location in order to facilitate the timely and efficient carnation of accurate meter read data on a monthly, quadariy or annual basis. Riwh agrees that such units will be used by Ricoh artery far such propose. Once transmitted, all meter read data she become the sole property of Ricoh ormofil be utilized fa ailing purposes. 16264268 mill III Ricoh® and the Ricoh Logo are registered trademarks of Ricoh Company, Ltd. Page 1 of 1 EQUIPMENT REMOVAL/BUYOUT AUTHORIZATION Customer Name: CALHOUN COUNTY OF Contact Name: GOODMAN,ANNA Phone: (361)553-4416 Address: 211 S ANN ST City: PORT LAVACA State: TX I Zip: 1 77979-4203 Fax/Email: anna.goodman@calhouncotx.org Make,, J Model Serial Number MPC4501 V9515000305 MP2851SP V8214902025 This Authorization applies to the equipment identified above and to the following Removal/Buy Out Option This Authorization will confirm that Customer desires to engage Ricoh USA, Inc. ("Ricoh") to pick-up and remove certain items of equipment that are currently (i) owned by Customer or (ii) leased from Ricoh or other third party (as specified below), 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 form) to Ricoh from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by Ricoh. By signing below, you confirm that, with respect to every removal request issued by Customer (1) Ricoh may rely on the request, and (2) the request shall be governed by this Authorization. Notwithstanding the foregoing, the parties acknowledge and agree that Ricoh shall have no obligation to remove, delete, preserve, maintain or otherwise safeguard any information, images or content retained by, in or on any item of equipment serviced by Ricoh, whether through a digital storage device, hard drive or similar electronic medium ("Data Management Services"). If desired, Customer may engage Ricoh to perform such Data Management Services at its then -current rates. Notwithstanding anything in this Authorization to the contrary, (i) Customer is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (it) it is the Customer's sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the customer's business or data retention, and any actions required to comply with such laws, (III) Ricoh does not provide legal advice or represent or warrant that Its services or products will guarantee or ensure compliance with any law, regulation or requirement, and (iv) the selection, use and design of any Data Management Services, and any and all decisions arising with respect to the deletion or storage of any data, as well as any loss of data resulting therefrom, shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) (collectively, "Losses") arising therefrom or related thereto. Iv7Equipment Removal (Leased by Customer). In addition to the terms and conditions set forth above, the following terms and conditions shall apply for equipment removals of equipment leased by Customer: Except for the obligations of Ricoh to pick up and remove the identified equipment, Ricoh does not assume any obligation, payment or otherwise, under any lease agreement, which shall remain Customer's sole responsibility. As a material condition to the performance by Ricoh, Customer hereby releases Ricoh from, and shall indemnify, defend and hold Ricoh harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of Customer's representations or obligations in this Authorization or of any obligation owing by Customer under its lease agreement. CUSTOMER I1E41 Title Date RICOH USA, INC. By: Name Title Date 63109v3 Page # 1 Mill + ti x � ' ORDER AGREEMENT ORDER AGREEMENT CONSISTS OF THIS PAGE AND THE TERMS AND CONDITIONS ATTACHED BILL TO INFORMATION Customer Legal Name: COUNTY OF CALHOUN Address Line 1: 211 S ANN STREET contact: ANNA GOODMAN Address Line 2: phone: 361-553-4416 City: PORT LAVACA E-mail: ST/Zip; TEXAS77979 1County: IFax: BILLING INFORMATION Check All That Apply: ❑ PO Included PO # ❑ PS Service (Subject to and governed by additional Terms and Conditions) ❑ Sales Tax Exempt (Attach Valid Exemption Certificate) ❑ IT Services (Subject to and governed by additional Terms and Conditions) ❑ Syndication ❑ Fixed Service Charge ❑ Add To Existing Service Contract # SHIP TO INFORMATION Customer Name: COUNTY OF CALHOUN Address Line 1: 211 S ANN STREET contact: ANNA GOODMAN Address Line 2: Phone: 361-553-4416 City: PORT LAVACA Email: ST/Zip; TEXAS 77979 County: I IF= BASIC CONNECTIVITY I PS I IT SERVICES INFORMATION BASIC CONNECTIVITY/ PS / IT Services Description Quantity Sell Price Extended $ell Price SHIP TO INFORMATION Customer Name: Address Line 1: Contact: Address Line 2: Phone: City: E-mail: ST/Zip: I County: Fax: BASIC CONNECTIVITY / PSI IT SERVICES INFORMATION BASIC CONNECTIVITY PS / IT Services Description Quantity Sell Price Extended Sell Price HDD SURRENDER - V9515000305, V8214902025 INCLUDED IN LEASE SHIP TO INFORMATION Customer Name: Address Line 1: Contact: Address Line 2: Phone: City: E-mail: ST/Zip: County: Fax: BASIC CONNECTIVITY / PS / IT SERVICES INFORMATION BASIC CONNECTIVITY PS / IT Services Description Quantity Sell Price Extended Sell Price ORDER TOTALS Service Type Offerings; Product Total: Gold; Includes all supplies and staples. Excludes paper. BASIC CONNECTIVITY PS / IT Services : INCL IN LEA Silver: Includes all supplies. Excludes paper and staples. Buyout After Promotions: Bronze: Parts and labor only. Excludes paper, staples and supplies. Grand Total: (Excludes Tax): Additional Provisions: Insert ANY additional provisions here. TERMS AND CONDITIONS FOR BASIC CONNECTIVITY ONLY The performance by Ricoh of the Services described in this Order Is subject to and shall be governed solely by the following terms and conditions: Customer engages Ricoh to perform the services described in this Order (the "Services"). Changes to the scope of the Services shall be made only in a written change order signed by both parties. Ricoh shall have no obligation to commence work In connection with any change until the fee and/or schedule impact of the change and all other applicable terms are agreed upon by both parties in writing. Ricoh 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 Ricoh the Service fees in the amounts and at the rates set forth above. Customer shall pay all amounts payable to Ricoh hereunder within thirty (30) days of the date of the Invoice submitted by Ricoh. If Ricoh undertakes collection or enforcement efforts, Customer shall be liable for all costs thereof, Including, without limitation, reasonable attorneys' fees and late charges. Ricoh may suspend or terminate 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 Ricoh). Customer shall provide Ricoh with such access to Its facilities, networks and systems as may be reasonably necessary for Ricoh to perform Its Services. Customer acknowledges that Ricoh's performance of the Services is dependent upon Customers timely and effective performance of Its responsibilities hereunder. Unless connectively services are specifically identified in the Task and Description section of this Order as pad of the Services to be performed by Ricoh, Ricoh shall have no obligation to perform and no responsibility for the connection of any hardware or software to any Customer network or system. Customer acknowledges that Ricoh may require Customer to sign a delivery and acceptance form upon completion of Services. Ricoh shall perform Its Services in a professional manner. The Services do not cover repairs resulting from misuse (including without limitation improper voltage or environment or the use of supplies that do not conform to the manufacturers specifications), subjective matters (such as color reproduction accuracy) or any other factor beyond the reasonable control of Ricoh. Ricoh shall make available to Customer any warranties made to Ricoh by the manufacturers of the software, tools and/or products utilized by Ricoh in connection with its Services hereunder, to the extent transferable and without recourse. If Customer has engaged Ricoh to provide Customer tools to assist Customer in Data Management Services that relate to the security or accessibility of information stored in or recoverable from any devices provided or serviced by Ricoh, including but not limited to any hard drive removal, cleansing or formatting services of any kind. Customer expressly acknowedges and agrees that (i) it is aware of the security alternatives available to it, (it) it has assessed such alternatives and exercised its own Independent judgment in selecting the Data Management Services and determined that such Data Management Services are appropriate for its needs and compliance, (ill) Ricoh does not provide legal advice vain respect to information security or represent or warrant that its Data Management Services or products are appropriate for Customers needs or that such Data Management Services will guarantee or ensure compliance with any law, regulation, policy, obligation or requirement that may apply to or affect Customers business, information retention strategies and standards, or information security requirements. Additionally, Customer expressly acknovAedges and agrees that, (a) Customer Is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (b) it Is the Customers sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the Customers business or data retention, and any actions required to comply with such laws, and (a) the selection, use and design of any Data Management Services, and any and all decisions arising with respect to the deletion or storage of any data, as well as any loss, or presence, of data resulting therefrom, shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) arising therefrom or related thereto. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RICOH MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS ORDER AND THE TRANSACTIONS CONTEMPLATED HEREBY, IN NO EVENT SHALL RICOH BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS ORDER OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF RICOH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. RICOH'S LIABILITY TO CUSTOMER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL OF THE FEES PAID TO RICOH HEREUNDER BY CUSTOMER. IN NO EVENT SHALL RICOH BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, OR DELAY OF DELIVERY OF SERVICES UNDER THIS ORDER, RICOH ASSUMES NO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI -VIRUS OR SIMILAR SOFTWARE AND THE SCOPE OF SERVICES CONTEMPLATED HEREBY DOES NOT INCLUDE ANY SUCH SERVICES. Except for purposes of this Order, Ricoh shall not use or disclose any proprietary or confidential Customer data derived from its Services hereunder, provided, however, that Ricoh 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 during the term of the Services and for a period of one (1) year after termination thereof, it shall not directly or Indirectly solicit, hire or otherwise retain as an employee or independent contractor any employee of Ricoh that is or was Involved with or part of the Services. This Order represents the entire agreement between the parties relating to the subject matter hereof and supersedes all prior understandings. Accepted by Customer f/'.;r Accepted: Ricoh USA, Inc. Authorized Signatur . Authorized Signature: Printed Name: 1e-hae/ 1. ;4e Printed Name: Title: o li oa Title: Date: - !, Date: ®III 'RYE, WR II,'R ®I III Version # 1.1 RICOH imagine. change. Ricoh MPC4503 C 45 pages per minute Black and Color copy/print/scan • 220-sheet automatic document feeder/single-pass duplex scanner • Copy/Print/Scan/Fax • Stapler Finisher • Hole Punch • Network printing, Network scanning — scan to folder, email • Full color scanning • 4x500-sheet paper capacity, 100-sheet bypass • Scan to/Print From USB and SD Card f 30. pages per minute Black and Color copy/print/scan Y 50-sheet automatic document feeder i Copy/Print/Scan/Fax 6 Floor Cabinet PROPOSED NEW LEASE 60-month FMV Lease $378.37 per month — includes 21,000 quarterly black images. Additional black images at .0086; color images at .0504. Parts, labor, toner and staples included. Pricing includes delivery and networking of new equipment, termination of existing lease 382968-1011728A17, pick up of old equipment and hard drive surrender on current equipment. CURRENT LEASE COST Ricoh WC4501 Ricoh W2851 $519.00 per month — includes equipment lease and 33,000 quarterly images, parts, labor, toner and staples. Additional black images at .01 each and color images at .072 each. AMENDED EMERGENCY SUBSCRIBER LISTING AGREEMENT WITH GTE SOUTHWEST INC., DBA VERIZON SOUTHWEST AND AUTHORIZE COUNTY JUDGE TO SIGN: Judge Pfeifer made a motion to approve the Amended Emergency Subscriber Listing Agreement with GTE Southwest Inc., DBA Verizon Southwest and authorize County Judge to sign. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Calhoun CountyErn er ency Manageme t 211 South Ann Street, Suite 301 Poxt Lavaca, TX 77979-4249 Phone: 361-553-4400/Fax: 361-553-4444 e-mail: ladonna.tMgpen@calhouncotx.org April 28, 2015 Commissioners' Court RE: Agenda Item Please place this amended agreement on the Commissioners' court agenda for May 28, 2015. The only difference between what was approved on 5-14-15 was the name of the company. Calhoun County, E-911 and the City of Port Lavaca are requesting an Emergency Subscriber list of telephone numbers from Verizon for use in our Code Red notification system and 911 system. The fees associated with this agreement are divided between the three entities. This agreement is required before we can obtain an updated listing of telephone numbers from GTE Southwest Inc., DBA Verizon Southwest. "Discuss and take necessary action on this Emergency Subscriber listing agreement between Calhoun County and Verizon and authorize the CountyJudge to sign." Sincerely, LaDonna Thigpen ter � EMERGENCY SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT This Emergency Subscriber List Information License Agreement (the "Agreement"), effective as specified in Section 8.1 below, is entered into by and between Calhoun County TX Emergency Mang eg ment (the "Licensee") and the undersigned Verizon company ("Verizon"). WHEREAS, the Wireless Communications and Public Safety Act of 1999, PL 106-81, codified in 47 USC 222 (g) (the "Act") requires, inter alia, that telecommunications carriers provide certain data and make certain services available to providers of Emergency and Emergency Support Services, as defined in the Act; and WIIEREAS, Verizon, through the Verizon Operating Companies, maintains certain subscriber list information data with respect to its own telephone subscribers as well as subscribers of other telecommunications carriers that are located within the territories served by the Verizon Operating Companies; and WHEREAS, Section 222(g) of the Act, as amended, requires a telecommunications carrier to provide subscriber list information in its possession or control on a timely and unbundled basis, under non-discriminatory and reasonable rates, terms and conditions to the providers of emergency services and providers of emergency support services, solely for the purpose of delivering those emergency services; WHEREAS, Licensee, as a provider of Emergency Services and/or Emergency Support Services, desires to receive such subscriber list information solely for the purpose of delivering or assisting in the delivery of Emergency Services; and WHEREAS, Verizon will license to Licensee such subscriber list information for use in providing Emergency Services in accordance with the Act and subject to the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, Licensee and Verizon hereby agree as follows: ARTICLE 1 DEFINITIONS The following terns as used herein have the following meaning. 1.1 "Emergency Services" means 9-1-1 Emergency Services and Emergency Notification Services collectively. 1.2 "Information" means any information identifying the listed names of subscribers and their telephone numbers, addresses, or any combination of such listed names, numbers, addresses, or classifications including information pertaining to subscribers (i) whose information is unlisted or unpublished (also referred to as non -listed and non -published) and (ii) subscribers of other carriers in the possession or control of Verizon; provided on a timely and unbundled basis under non-discriminatory and reasonable rates, terms and conditions to providers of Verizon ESG Copyright 0 2001-2004 10/04/2004 DR I of 16 Emergency Services and Emergency Support Services solely for the purposes of delivering or assisting in the delivery of Emergency Services. 1.3 "Daily Updates" means an extract containing only those records that have had a Modification/Add/Delete, (MAD) activity since the last update for the geographic area(s) or jurisdiction(s) with respect to which such Information has been requested. Daily Updates are available by 10:00 am each calendar day (Eastern Time in DC, DE, CT, FL, IL, IN, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, RI, SC, VA, VT, WI, WV; and Pacific Time in AZ, CA, HI, ID, NV, OR, TX, WA). 1.4 "Weekly Updates" means an extract containing only those records that have had a Modification/Add/Delete (MAD) activity since the last update for the geographic area(s) or jurisdiction(s) with respect to which such Information has been requested. Weekly Updates are available by 10:00 am on the weekday mutually selected by the Licensee and the Company (Eastern Time in DC, DE, CT, FL, IL, IN, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, RI, SC, VA, VT, WI, WV; and Pacific Time in AZ, CA, III, ID, NV, OR, TX, WA). 1.5 "Emergency Notification Services" means services that notify the public of an emergency 1.6 "Emergency Support Services" means information or database management services used in support of Emergency Services. 1.7 "Full File Extract" means an extract containing all Information for the geographic area(s) or jurisdiction(s) with respect to which such information has been requested. 1.8 "PSAP" or "Public Safety Answering Po nt" means a facility that has been designated to receive emergency calls and route them to emergency services personnel. ARTICLE 2 GRANT OF LICENSE 2.1 In consideration of the promises and covenants contained herein, Verizon hereby grants to Licensee for the Tenn of this Agreement a non-exclusive limited license to use the Information solely for the purposes of delivering or assisting in the delivery of Emergency Services. 2.2 Licensee shall not sell, lease, grant, copy, disclose or sub -license the Information received pursuant to this License to any other party without the written consent of Verizon or as otherwise provided herein. Under no circumstances shall the Information provided herein be used or disclosed in any manner for purposes other than providing Emergency Services or Emergency Support Services. 2.3 Licensee may enhance the Information and append other information to the Information, subject to and consistent with the provisions of this Agreement including, but not limited to, the limitations set forth in Sections 2.2 and 5.1 hereof. 2.4 The terms and conditions that shall apply in connection with this License, and the rights and liabilities of the Parties, shall be as set forth herein. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 2 of 16 ARTICLE 3 LISTING INFORMATION PRODUCTS 3.1 Verizon will furnish to Licensee the Information set forth in Exhibit A indicated on the Request Form (Exhibit C), using Verizon's standard transfer method specified in Exhibit A. 3.2 Technical Specifications - Verizon shall provide the Information to Licensee via compact disc (CD) and/or electronic transfer in such format as Verizon may determine in its sole discretion. Current Verizon technical specifications are contained and incorporated herein as Exhibit A. 3.2.1 Full File Extract - No later than thirty (30) days after the Licensee requests Information under this Agreement, and in compliance with a mutually agreeable schedule, Verizon shall provide Full File Extracts via compact disk (CD) delivered by certified mail. 3.2.2 Updates — Provided Licensee subscribed to Daily or Weekly Updates, subsequent to the provision of each Full File Extract, Verizon shall provide Licensee with Updates. 3.2.3 Verizon will provide thirty (30) days advance notification in writing to Licensee regarding any significant changes that affect Information handling procedures that may affect Licensee's handling or use of the Information. Verizon will designate a representative to confer with Licensee on issues and requirements relating to such initiatives and changes. ARTICLE 4 LICENSE FEES 4.1 Licensee will pay the rates and charges set forth in the attached Exhibit(s) and shall also pay all applicable taxes, fees and charges. 4.2 The recurring license fees listed on Exhibit B for Updates to the Emergency Service Listing Information is based on the number of records contained in the Full File Extract, on a per 10,000 records basis (as defined in Exhibit B). Verizon will reassess the number of Records in what would then comprise the Full File Extract for the Licensee's selected coverage area on an annual basis without notice to Licensee and make changes to the Recurring Fees based on that reassessment, for the subsequent year. 4.3 Licensee shall be responsible for payment of all rates and charges, as set forth in the Attachments within thirty (30) days after date of invoice. A late payment charge of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, shall be applicable to any unpaid balance not received by Verizon by the late payment date printed on the invoice. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 3 of 16 ARTICLES CONFIDENTIALITY 5.1 In order for the Parties to perform their respective obligations under this Agreement, it may be necessary for either Party to disclose to the other technical, customer, personnel and/or business information in written, graphic, oral or other tangible or intangible forms including, but not limited to Information, including unpublished and unlisted Information (unpublished and unlisted information means Information that telephone subscribers have designated as not to be published in telephone directories, provided by directory assistance, or otherwise disclosed), specifications, records, data, computer programs, drawings, schematics, know- how, notes, models, reports and samples. Such information may contain proprietary or confidential material, or material subject to applicable laws regarding secrecy of communications or trade secrets ("Confidential Information"). 5.2 Each Party acknowledges and agrees that all Information is Confidential Information and all other information exchanged by the Parties shall be marked "Confidential' in order for such information to be considered to be Confidential Information or if orally disclosed, shall be reduced to writing and submitted to the non -disclosing Party within thirty (30) days of disclosure. s5.3 hi addition, Information shall not, for any reason, be disclosed or used for marketing, 5.3 In addition, Information shall not, for any reason, be disclosed or used for marketing, advertising, public relations or other commercial purposes of any nature. 5.4 The Parties agree as follows: 5.4.1 To receive in confidence any Confidential Information; to limit access to such Confidential Information to authorized employees, agents (including their employees) and contractors (including their employees), (covered by written obligations of confidentiality at least as restrictive as those set forth in this Article) who have a need to know the Confidential Information in order for the Party to perform its obligations under this Agreement and who have been informed of the confidential and proprietary nature; not to disclose, reveal or divulge any Confidential Information or authorize any other person to do so except as specifically approved in writing by the disclosing Party; 5.4.2 To use such Confidential Information only for the purposes of performing their obligations under this Agreement and for such other purposes as may be agreed upon between the Parties in writing. 5.4.3 Upon request of the disclosing Party, to return all Confidential Information to such Party, or to destroy any documents, computer media or records, in written, graphic, or other tangible form, that contain any Confidential Information; 5.4.4 That the confidential obligations with respect to the Information shall never terminate and shall extend beyond completion of the Term of this Agreement. That the obligations with respect to all other Confidential Information shall extend for a period of five (5) years following the date of initial disclosure of that Confidential Information, and such obligations shall extend beyond completion of the Tenn of this Agreement; and Verizon ESG Copyright © 2001-2004 10/04/2004 DR 4 of 16 5.4.5 That nothing contained in this Article 5 shall be construed as a license or permission to matte, use, or sell the Confidential Information or products derived therefrom. 5.5 If a receiving Party receives a request to disclose any Confidential Information (whether pursuant to a valid and effective subpoena, an order issued by a court or other governmental authority of competent jurisdiction or otherwise, including the Electronic Communications Privacy Act of 1986, 18 U.S.C. 2703, that requires disclosure of Information to governmental entities only upon issuance of a court order) on advice of legal counsel that disclosure is required under applicable law, such Party agrees that, prior to disclosing any Confidential Information, it shall (i) notify the disclosing Party of the existence and terms of such request or advice, (ii) cooperate with the disclosing Party in taking legally available steps to resist or narrow any such request or to otherwise eliminate the need for such disclosure, if requested to do so by the disclosing Party, and (iii) if disclosure is required, use its best efforts to obtain a protective order or other reliable assurance that confidential treatment will be afforded to such portion of the Confidential Information as is required to be disclosed; 5.5.1 The obligations contained in this Article 5 do not apply to Confidential Information that is authorized in writing by the disclosing Party to be released or is designated in writing by the disclosing Party as no longer being Confidential Information or proprietary. 5.6 LICENSEE ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO 5.6 LICENSEE ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO LICENSEE HEREUNDER CONTAINS CONFIDENTIAL INFORMATION THAT TIE PARTIES ARE REQUIRED TO DEEP CONFIDENTIAL. ACCORDINGLY, LICENSEE AGREES TO ASSERT ANY AND ALL EXEMPTIONS OR EXCLUSIONS TO DISCLOSURE THAT ARE AVAILABLE TO IT IF SUCH CONFIDENTIAL INFORMATION IS REQUESTED UNDER THE AUSPICES OF ANY FEDERAL, STATE, OR LOCAL PUBLIC INFORMATION LAW OR REGULATION (E.G., OPEN PUBLIC RECORDS ACT, "PUBLIC RECORDS LAW", "FREEDOM OF INFORMATION ACT", "GOVERNMENT IN THE SUNSHINE LAW", ETC.), OR OTHER APPLICABLE LEGAL REQUIREMENT. LICENSEE SHALL ALSO PROMPTLY NOTIFY LICENSOR ("VERIZON") IN WRITING OF ANY REQUEST FOR SAID CONFIDENTIAL INFORMATION, SO THAT VERIZON MAY HAVE TIIE OPPORTUNITY TO ASSERT ITS LEGAL OBLIGATIONS TO PROTECT SUCH INFORMATION. LICENSEE SHALL NOT DISCLOSE ANY SUCH CONFIDENTIAL INFORMATION UNLESS AND UNTIL A FINAL, UNAPPEALABLE DECISION IS RENDERED BY TILE HIGHEST COURT OF COMPETENT JURISDICTION COMPELLING SUCH DISCLOSURE, UNLESS THE COURT RULES THAT LICENSEE MUST PRODUCE CONFIDENTIAL INFORMATION AND SAID COURT REFUSES TO STAY PRODUCTION OF SAID CONFIDENTIAL INFORMATION PENDING APPEAL. LICENSEE SHALL PROMPTLY NOTIFY VERIZON OF SUCH ACTION SO AS TO AFFORD VERIZON THE OPPORTUNITY TO JOIN AN APPEAL. 5.7 It is agreed that a violation of any of the provisions of this Article 5 will cause irreparable harm and injury to the disclosing Party and that Party shall be entitled, in addition to any other rights and remedies it may have at law or in equity, to seek an injunction enjoining and restraining the receiving Party from doing or continuing to do any such act and any other violations or threatened violations of this Article 5. Verizon ESG Copyright © 2001-2004 10104/2004 DR 5 of 16 ARTICLE 6 PERFORMANCE OBLIGATIONS 6.1 Verizon will use commercially reasonable efforts to provide accurate and complete Information and will take steps to correct inaccurate Information upon receipt of changes from the PSAP following normal Verizon's error correction procedures. 6.2 EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL DATA AND OTHER MATERIAL ARE PROVIDED BY VERIZON "AS IS" WITH ALL FAULTS. VERIZON MAKES ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER REGARDING THE COMPLETENESS OR ACCURACY OF THE INFORMATION PROVIDED OR THE TECHNICAL QUALITY OF ANY MEDIA SUPPLIED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.3 Licensee represents and warrants that it is a provider of Emergency Services or Emergency Support Services and offers such service(s) in the geographic areas or jurisdictions for which it is requesting Information, and that any such Information it obtains from Verizon under this License will be used solely for the purposes of delivering or assisting in the delivery of Emergency Services. 6.4 Licensee will not permit anyone other than its duly authorized employees and agents to inspect or use the Information. Licensee agrees to use commercially reasonable security measures to prevent copying or downloading of the Information by third parties, including governmental agencies, and to prevent any other unauthorized use of such information. Any unauthorized use or disclosure of the Information provided to Licensee and Verizon shall be entitled to terminate this Agreement immediately pursuant to section 8.2.2 hereof, shall be deemed to be a material breach of the Agreement. If Licensee ceases providing Emergency Services for a period in excess of ninety (90) days in any area for which it has received Information under this Agreement, it will notify Verizon, destroy any data it has received from Verizon under this Agreement for that area, and remove said data from its databases within thirty (30) days. 6.5 Except as may otherwise be provided herein, the Licensee agrees to indemnify, defend and hold Verizon harmless from and against any and all liability, suits, damages, claims and demands, costs, expenses (including attorneys' fees and costs of court), made by a third party that arise in any manner out of Licensee's use of the Information or arising from a breach of Article 5. ARTICLE 7 LIMITATION OF LIABILITY 7.1 EXCEPT FOR THE INDEMNITIES SET FORTH IN SECTION 6.5 HEREOF, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY A PARTY (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED BY Verizon ESG Copyright © 2001-2004 10/04/2004 DR 6 of 16 1�7 SUCH OTHER PARTY TO THE EXTENT COMPRISING INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES), REGARDLESS OF THE FORM OF ACTION, WHETIIER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE PARTY KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY RELEASES THE OTHER PARTY (AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS) FROM, AND WAIVES ANY SUCH DAMAGE CLAIMS. 7.2 OTHER THAN TIE REMEDY IDENTIFIED IN SECTION 5.7, VERIZON'S SOLE AND EXCLUSIVE LIABILITY FOR ANY FAILURE BY VERIZON TO DELIVER, INFORMATION SHALL BE LIMITED TO A CREDIT OR REFUND OF THE CHARGES PAID FOR THE DATA IN QUESTION DURING THE PRECEDING 12 MONTH PERIOD, WHICH SHALL IN NO EVENT EXCEED $10,000.00 IN TIM AGGREGATE FOR ALL CLAIMS BROUGHT DURING THE TERM OF THIS AGREEMENT 7.3 Except for actions to enforce the Parties' rights under Article 5 or Section 6.5, and unless otherwise required by state or federal law or regulation, no action or proceeding hereunder brought by one Party against the other Party may be commenced more than two (2) years after the cause of action becomes known to, or should have been known by, the complaining Party. 7.4 Licensee and Verizon each acknowledge that the provisions of this Agreement were negotiated to reflect an informed, voluntary allocation between the Parties of all risks (both known and unknown) associated with the transactions associated with this Agreement. The remedy limitations, and the limitations of liability, are separately intended to limit the relief available to the Parties. ARTICLE 8 TERM AND TERMINATION 8.1 This Agreement will become effective (Effective Date) on the date the Agreement is fully executed, and will remain in effect for the term of months identified in Exhibit B (the "Term") which will commence on the in-service date. For purposes of this agreement, the in- service date is the date after the Effective Date, when Verizon provisioning has been completed and the Information is available for Licensee's use. If, at the time of expiration of the Tenn, a new agreement with Verizon is not effective, as defined in this Agreement, the License will be terminated and Licensee shall return or, at Licensor's option, destroy all documents, computer media or records, in written, graphic, or other tangible form, that contain any Verzion Confidential information including without limitation, all Information. Licensee shall certify in writing that all Confidential Information has been destroyed (if applicable). Licensee's obligation to pay fees accrued prior to termination, will survive termination or expiration and remain in full force and effect. 8.2 Either Party may terminate this Agreement: Verizon ESG Copyright © 2001-2004 10/04/2004 DR 7 of 16 8.2.1 Upon prior written notice of a material breach of this Agreement, and the breach continues without cure for ninety (90) days, or if reasonable steps to correct such breach are not taken within ninety (90) days following written notice of such breach. Termination due to Licensee's breach will not relieve Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Exhibit B, which shall be due and payable upon such early termination; or 8.2.2 Immediately upon written notice to Licensee in the event of a breach of Article 5 or Article 6. Termination due to Licensee's breach of Articles 5 or 6 will not relieve Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Exhibit B, which shall be due and payable upon such early termination. 8.2.3 Bankruptcy or dissolution of the other Party. Bankruptcy with respect to any party to this Agreement, shall be deemed to have occurred (i) if any proceedings are initiated by or against any party under any law relating to the relief or reorganization of debtors, which in the case of an involuntary proceeding is not dismissed within 120 days after filing, or (ii) upon the appointment of any receiver or trustee to take possession of its properties, any assignment for the benefit of its creditors, or any other similar action by or on behalf of its creditors which is not vacated or stayed within ninety (90) days of such appointment or action. Termination under this sub- section 8.2.3 will not relieve Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Exhibit B, which shall be due and payable upon such early termination. 8.3 In the event it is determined that this service must be provided pursuant to the authority and or requirements of the public utilities commission of the applicable state, the Parties agree to take all steps necessary to comply with such requirements, including but not limited to the filing of this Agreement. In addition, if this service is determined to be regulated, and if the Services provided in this Agreement become available under a tariff filed with the Public Service Commission or Public Utilities Commission of Licensee's State, this Agreement shall terminate at such time as the tariff becomes effective and the tariff services shall be approved for Licensee's use (if approval is required by the state commission). The tariff term and rates to be applied will be those of the available tariff term closest to the term then remaining on the Agreement. 8.4 In the event either Party terminates this Agreement pursuant to section 8.2, Licensee shall return or destroy the Confidential Information in conformance with the procedure set out in 8.1 as if the Term had expired. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 No Exclusivity. Nothing in this Agreement or elsewhere gives Licensee any exclusive right to the Information, and Verizon is free at any time to grant similar licenses and information to others in conformance with law. Verizon ESG Copyright O 2001-2004 10/04/2004DR 8 of 16 9.2 Notices. Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid to the following addresses: Verizon Address Verizon National Contracts Repository MC: HQW021,25, 700 Hidden Ridge Irving, TX, 75038 with a copy to Emergency Services Offer Manager, 1095 Ave. of Americas, 19" Floor, New York, NY, 10036 Licensee Address: Calhoun County Emergency Management 211 S. Ann.St., Suite 301 Port Lavaca, TX 77979 The foregoing notice data may be changed at any time by written notice to the other Party. 9.3 Entire Agreement. This Agreement, including all Exhibits hereto, and all applicable tariffs, contain the entire understanding of the Parties and supersedes any and all prior written and oral communications to the extent that they related in any way to the subject matter hereof. 9.4 Amendments. This Agreement may not be amended or modified orally, nor any of its terms waived, except in a writing signed by duly authorized representatives of both the Licensee and Verizon and only upon complying with any state or federal regulatory filing or approval requirements. 9.5 Waiver. No failure of or delay by either Party hereto in exercising any right or power hereunder will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or power. 9.6 Successors and Assigns. Verizon may assignor transfer part or all of this Agreement to any affiliate or successor to substantially all of its assets in the locations where Information is provided hereunder. With written consent from Verizon, Licensee may assign or transfer this Agreement to any company that is the successor to substantially all of its assets, provided all Fees for Information provided prior to such transfer or assignment are paid in full when due. Except as otherwise required by law or regulation, all other attempted assignments shall be void without the prior written consent of the other Party. 9.7 Severability. The invalidity or unenforeeability, of any provision hereunder will not affect the validity or enforceability of any other provision hereunder. 9.8 Headings; Schedules. The headings in this Agreement are for convenience only and will not be construed to define or limit any terns herein or otherwise affect the meaning or interpretation of this Agreement. All Exhibits attached hereto are hercia incorporated by reference and made part of this Agreement. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 9 of 16 9.9 Counterparts. This Agreement or any amendment may be executed in separate counterparts, each of which when so executed and delivered will be an original, but all of which together will constitute one instrument. In proving this Agreement, it will not be necessary to produce or account for more than one such counterpart. 9.10 Force Majeure. Neither Party will be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control such as acts of God, acts of civil or military authorities, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, inability to secure products or services from other persons or facilities, or acts or omissions of common carriers. 9.11 Choice of Law. This Agreement will be governed by and construed under the laws of the state to which the Information pertains without regard for its choice of law principles. 9.12 Compliance with Law. Each Party shall comply with all federal, state, and local statutes, regulations, rules, ordinances, judicial decisions, and administrative rulings applicable to its performance under this Agreement. 9.13 Publicity Unless required by state or federal regulatory filing requirements, any news release, public announcement, advertising, or any form of publicity pertaining to this Agreement, provision of Services, or association of the Parties with respect to provision of the services described in this Agreement shall be subject to prior written approval of both Parties. 9.14 Use of Trademark. Nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service marks, or trade names of the other for any purpose whatsoever. IN WITNESS WHEREOF, the Parties have caused this Agreement to be effective as of the day, month and year specified herein. Licensee: Calhoun County, TX E911 211 S. Ann Street, Suite 301 Port Lavaca, TX 77979 By: iA/t%1 `"� Printed Name: Michael J.Vr ei er Title: Calhoun County Judge Date: VERIZON LEGAL ENTITY: GTE SOUTHWEST INC, DBA VERIZON SOUTHWEST By._�- Printed Nasfie: Anthony Recine Title: Vice President Date: 05/22/2015 Verizon ESG Copyright © 2001-2004 10/0412004 DR 10 of 16 FXHUHT A (Page 1 of 3) TECHNICAL SPECIFICATIONS The following fields will be provided if available Data Format Fieldsi Function Code NPA TN House Number House Number Suffix Prefix Directional (only if it's presented in its own field) Street Name (as defined by PSAP) Street Suffix Post Directional (only if it's presented in its own field) Community Name (as specked by PSAP) State Location Customer Name Main NPA Main TN County M Comments End of Record Header Format Fields 2 Header Indicator Extract Date Customer Name Cycle Counter End of Record Trailer Format Fields 3 Trailer Indicator Extract Date Customer Name Record Count End of Record Note: Verizon reserves the right to change the fields provided with a thirty (30) day notice to the Licensee. 'All fields are lefi ustified, with trailing spaces. 2 All Fields are left justified, with trailing spaces, except the Cycle Counter, this field will be right justified with leading spaces in the fomrer Bell Atlantic area and leading zeros if the former GTE area. 3 All Fields are left justified, with trailing spaces, except for the Record Count this field will be right -justified with leading spaces in the former Bell Atlantic area and leading zeros in the former GTE area. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 11 of 16 Exhibit A (page 2 of 3) FULL FILE EXTRACT DELIVERY BY CD Full file extracts (and any subsequent updates of excessive size) will usually be provided on a password protected compact disk (CD) by certified mail to an address and recipient designated by Licensee. ESL ELECTRONIC TRANSFER Description Licensee will receive the Information electronically from Verizon using one of Verizon's preferred transmission methods. Transmissions will be encrypted and Verizon will coordinate with Licensee to work with Licensee to set up the decryption process. Licensee may be required to procure additional hardware, software, TCP/IP addresses, static login/passwords, additional security features, etc. as required by Verizon E911 Corporate Security requirements — some of which may result in additional charges from Verizon. Verizon will provide an initial copy of the entire database via an encrypted CD that will be overnighted to Licensee. Verizon will follow up with electronic updates if Licensee has contracted for Daily or Weekly updates. Verizon will work with Licensee on determining the optimal electronic transmission method for the Licensee, as follows: Included in the monthly rate is the charge for Verizon to deposit the updates on the Licensee's computer system. It is the responsibility of the Licensee to ensure that each electronic update has been received, and is incorporated into its database. If Licensee does not receive an electronic update, Licensee has to notify Verizon within seven (7) calendar days after the Licensee's regular transmission date, so that the update can be resent. Failure to do so may result in the loss of updates, and Licensee will be required to purchase a new Full File Extract at the rate of the Initial Setup charge. If Licensee is unable to receive downloads from Verizon, Licensee does have the option of using Encrypted E-mail to retrieve the updates. If Licensee opts for delivery of incremental data via encrypted e-mail, Licensee must provide a valid e-mail address, secure a digital certificate from an accredited supplier (ie: Verisign) and exchange public keys with Verizon. Licensee must be able to invoke clients that support digital encryption, such as Microsoft Outlook or Outlook Express. The process will be tested and confirmed prior to the initial extract being created and sent via overnight delivery (UPS). Once this process in implemented, the daily updates will follow at an agreed upon time, if weekly updates are selected, they will be processed Mondays at approximately noon local time, plus/minus I hour for time zone differences. ® If Licensee is unable to receive the updates from either of the above methods, Licensee does have the option of retrieving the updates by additionally subscribing to the following dial lip applications, based on the location of Licensee's data: Verizon ESG Copyright © 2001-2004 10/04/2004 DR 12 of 16 Exhibit A (page 3 of 3) SCAN for Licensees located in DE, NIA, NM, ME, NH, NJ, NY, PA, RI, VA, VT, WV & Washington DC DENIARCS for Licensee's located in all other states Licensee must extract each update from DEMARCS or SCAN within seven (7) calendar days of the update's availability. If updates are not retrieved, the updates may be permanently lost. In such an event, Licensee will be required to purchase a new Full File Extract at the rate of the Initial Setup charge. Electronic Transfer methods are subject to change by Verizon upon sixty (60) days notice. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 13 of 16 EXHIBIT B (Page I of 2) LISTING INTORMATION PRODUCTS STANDARD OFFERINGS: Full File Extract - a snapshot of all requested Information in a standard format. Full File Extract and Daily Updates - a snapshot of all requested Information in a standard format followed by that set of Information provided on a daily basis that reflects changes made to such information as a result of Move/Add/Change activity. Full File Extract and Weekly —Updates - a snapshot of all requested Information in a standard format followed by that set of Information provided on a weekly basis that reflects changes made to such information as a result of Move/Add/Change activity. TERM: 36 Months STANDARD LICENSE FEES: Non-recurrin Fees Frequency FULL FILE As requested by EXTRACT: $ 2,051.00 per full file Licensee, but no (No Updates) extract request more than once a quarter. Transfer Fee included in NRC fee. Non -recurring Fees Monthly Recurring Fees Frequency FULL FILE EXTRACT Initial full file with Dail -Updates: $ 1,435.62 extract. Daily Updates - * $15.27 per month per Daily 10,000 records in full file extract. Non -recurring Fees Monthly Recurring Fees Frequency FULL FILE EXTRACT Initial full file with Weeldy Updates: $ 1,435.62 extract. Weeldy Updates - * $6.55 per month per 10,000 Weekly records in full file extract. TRANSMISSION Non -recurring Fees Monthly Recurring Fees METHOD (if not Verizon downloads) SCAN or DMARCS Verizon ESG Copyright © 2001-2004 10/04/2004 DR 14 of 16 . ON Exhibit B (Page 2 of 2) *The Update Monthly Recurring Charge (MRC) is based on the number of records contained in the full extract and will be adjusted annually as described in Article 4, section 4.2. The MRC is calculated on a "per 10,000 record basis" with number of records being rounded up to the nearest 10,000 for charge determination. * Invoice will include all applicable federal, state, and local fees, charges, and taxes. e Verizon will render invoices: (i) promptly after delivery for Full File Extracts and Electronic Transfer; and (ii) monthly for Updates and Electronic Transfer. * Daily or Weekly extract fees apply regardless of whether Licensee actually extracts updates. Fee Adjustment In the event that Verizon no longer has any customers purchasing Automatic Location Identification (ALI) service for the geographic region for which ESL is provided under this Agreement or any portion of that geographic region, Verizon may in its' sole discretion and upon 60 days written notice to Licensee adjust the Fees of this Agreement. Prior to the expiration of the 60 day notice period, Licensee may, by written notice to Verizon, cancel the Agreement without incurring termination liability. As with all early terminations prior to the end of the Agreement Term not otherwise covered by Article 8.2, such termination by Licensee shall be subject to all other terms of the Agreement including, without limitation, Article 8.1, with such termination date being deemed the expiration of the Term. EARLY TERMINATION FEE: If Licensee terminates the Agreement prior to the end of the Term or breaches the Agreement as set out under 8.2, Licensee shall pay to Verizon, as alternative performance and not as a penalty, all unpaid non- recurring charges, and if Licensee is receiving Updates, a termination charge equal to seventy-five percent (75%) of the Monthly Recurring Fee for updates multiplied by the number of months remaining in the Term. Verizon ESG Copyright © 2001-2004 10/04/2004 DR 15 of 16 EXHIBIT C LISTING INFORMATION PRODUCTS REQUEST FORM General Contact information Name: Calhoun County Emergency Management Address: 111 q A,, P Phone: 36lr553-4400 FAX; 361-553-4444 Email: ladonna,-,.thigpen@calhouncotx.org Billing Address (MUST be within the area for which the ESL is reouired Name: same Address: Phone: FAX: Email: Full File CD Mailing Address Name: same Address: Phone Note: CD will be sent by Certified/Overnight Mail which requires a person to be named recipient (i.e., not entity name) and physical address (i.e., not P.O. Box) Order Information Requested Date: 4-28-15 Requested Deliver Date: ASAP Select one of the following: ESN: ESN #: na 9-1-1 Entity: na State: Or Community Name: Community Name: State: Or 9-1-1 Entity: Entity Name: na State: Choose ONLY One of the following options by marling "X" in the column next to the desired option: Full File Extract Only OR Full File Extract and Daily Updates OR Full File Extract and Weeldy Updates X OR Weekly Updates Only — Contract Renewals Only Verizon ESG Copyright © 2001-2004 10/04/2004 DR 16 of 16 M Emergency Service Listings (ESL) Requesting Party Questionnaire Requesting Party Name: Calhoun County TX Any other names your organization uses: Calhoun County Emergency Management Main Address: Phone: Contact Name: Contact Number: 211 S. Ann St., Suite 301 City Port Lavaca 361-553-4400 LaDonna Thigpen 361-553-4400 State TX Zip 77979 Requesting Party's principal government or business function: County Government Any other material government or business function: What emergency services do you provide: Emergency Notifications/Public Safety Area of coverage (please be specific): All numbers in Calhoun County to include the cities of Port Lavaca, Seadrift and Point Comfort Texas What is the intended use of the requested ESL (please be specific as to all intended uses): Notifications of Public Safety issues to include evacuations. What affiliation does the Requesting Party have with any Emergency Service Providers (e.g., E911 Agency, Police/Fire Departments, Hospital, Rescue or Emergency Units): Emergency Management Signature Q�,I L�VIi /®✓ 0r r a Title ('a7houn Caunty h dgP Contact No. 361-553-4600 Date 4-28-15 Email your completed request to Deirdre.Southall@verizon. com RENTAL RATE FOR USDA, FSA AND SOIL CONSERVATION OFFICES. NEW LEASE TO BEGIN JULY 1, 2015 AND AUTHORIZE COUNTY JUDGE TO SIGN: Commissioner Lyssy made a motion to set the rental rate at $450 per month for USDA, FSA and Soil Conservation offices and authorize County Judge to sign. The new lease is to begin July 1, 2015. Commissioner Fritsch seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Rhonda Kokena <rhonda.kokena@calhouncotx.org> Sent: Wednesday, May 13, 2015 8:54 AM To: 'Susan Riley Subject: RE: May 28th Agenda Pleaseput on agenda - Accept and Approve rental rate for the USDA, FSA & Soil Conservation offices. USDA wants one lease amount. New lease to begin July 1, 2015, RHONDA S. KOKENA Co-u-wiy Tre.&5+We4- Caik,oi w Cm vvvhj Avun.ex.11 202 S. Aww Sf:, Su.ii A Pouf 1-w^ ea., Texay 77079 (361)553-4619 offZte, (361)553-4614 fo-w From: Susan Riley[mailto:susan.riley@calhouncotx.org] Sent: Tuesday, May 12; 2015 4:36 PM To: "'Bruce Blevins"'; "'Dan Heard"'; "'Dora Garcia"'; "'George Ann Cormier"'; "'Gloria Ochoa"'; "'Henry Barber "; "'Hope D. Kurtz"'; "'Judge Duckett "'; "'Judge Hernandez "'; "'Judge Noska"'; "'Lesa Jurek "'; "'Noemi Cruz..; "'Pamela Hartgrove"'; "'Pomykal Nancy "'; "'Rhonda Kokena"'; "'Ron Reger "'; "Thigpen LaDonna "'; 'Anita Fricke"; Billy Billings; 'Bryon Prall'; Cindy Mueller ; 'Eugene Menchaca'; Everett.Wood@calhouncotx.org; Fritz Wilke; 'George Aleman'; Kathy Dietzel; Luis Leija; Patricia Kalisek; 'Rachel Martinez'; Judge Pfeifer ; Kenneth Finster; Neil Fritsch ; 'Roger Galvan'; Vern Lyssy ; Angie Torres; April Townsend; Janie Delgado Subject: May 28th Agenda Importance: High Due to the Memorial Day Holiday on May 25th, I Will be posting the agenda for May 28th on Friday. May 22"d. All agenda items will be due no later than 4:00 on Thursday. May 21. Any items received after that time will be held for the June 11th Court meeting. Please have all supporting documentation to me at that time so that packets can be made on Friday. Thank you for your cooperation! Susan Susan Riley Administrative Assistant to Calhoun County Judge Michael J. Pfeifer and Commissioners' Court 361-553-4600 Phone 361-553-4444 Fax U Susan Riley From: Rhonda Kokena <rhonda.kokena@calhouncotx.org> Sent: Wednesday, May 13, 2015 9:23 AM To: 'Susan Riley' Subject: RE: May 28th Agenda Soil District paps $94.50 Not FSA but should be ASCS office pays $138.60 (paid by USDA) Not supposed to tell who told me BUT the USDA is not opposed to a rental of $400-500 a month Jor all ofccs combined. RHONDA S. KOKENA Co� Trea6uwer CaUtiouav Cai.wvty Am4 eK. 11 202 S. A� Sf:, Swi te, A Port-La,c c , Texas 7797R (361)553-4619 offu (361)553-4614 fnx From: Susan Riley [mailto:susan.riley@calhouncotx.org] Sent: Wednesday, May 13, 2015 11:28 AM To. 'Rhonda Kokena' Subject: RE: May 28th Agenda When you have time can you send the rentals that these office are paying now so I can include it in the packets? Thanks Susan From: Rhonda Kokena Imailto:rhonda.l<ol<ena@calhouncotx.or�] Sent: Wednesday, May 13, 2015 8:54 AM To:'Susan Riley' Subject: RE: May 28th Agenda Please pat on agenda - Accept and Approve rental rate,for the USDA, FSA & Soil Conservation offices. USDA wants one lease amount. New lease to begin July 1, 2015. RHONDA S. KOKENA Couo»hA Treasurer C.aUrwu C,&�AK*ewlt 202 S. A� Sf:, Suite, A Port-Lavaea,, Texas 77479 (361)553-4619 office (361)553-4614 faw ----------- __... -- - - ------ ------- - From: Susan Riley [mailto:susan.riley@calhouncoN.orci Sent: Tuesday, May 12, 2015 4:36 PM To: "'Bruce Blevins"'; "'Dan Heard"'; "'Dora Garcia"'; "'George Ann Cormier"'; "'Gloria Ochoa"'; "'Henry Barber "'; "'Hope D. Kurtz... 1 A. BUILDING NAME NUMBER OF FLOORS TOTAL PARKING FOR BUILDING STRUCTURE: SURFACE: B. BUILDING STREET ADDRESS LIVE FLOOR LOAD CONSTRUCTION TYPE (LES I SO FT) C. CITY D. STATE TOTAL RENTABLE AREA A. BUILDING BUSINESS HOURS (MON-FRI) (So FT) E. 9.DIGITZIPCODE F. CONGR. BUILDING AGE(YRS) B. BUILDING BUSINESS HOURS (SAT -SUN) DISTRICT FLOOR SUITE NO. ANSIIBOMASQFT TYPE OF FLOOR SUITE NO. ANSUSOMA SQ FT TYPE OF SPACE LOCATION SPACE LOCATION FIRM TERM NON -FIRM TERM OPTION TERM ANSI/ RENTABLE RENTAL RENTAL SOMA COMMON SQ FT RATE RATE AREA AREA (RSF) RENTAL RATE ANNUALRENT (PER ANNUAL RENT (PER ANNUALRENT TYPE OF (So FT) FACTOR Ax B= PER RSFNR Cx D= RSFNR) CxF= RSF/YR) CxH= SPACE A B C D E F G H 1 t OFFICE $ $ $ $ $ $ OTHER $ $ $ $ $ $ TOTAL $ $ $ COMPOSITE ABOA PER SQ FT RATES 12Ee12A=13A $ 12Ga12A G 1 $ 121'12A= $ 121 RATE ADJUSTMENT FOR VACANT SPACE: $ 1RENTABLE SF _. HOURLY RATE FOR OVERTIME HVAC: Rate for 2417 LAN $/sf/yr_ Zone $_ Floor $ Entire space $_ The cost for overtime or 2417 HVAC must be paid separately from the rent. Do not include these costs in the rent the offered rental rate or base operating expenses. NUMBER OF PARKING SPACES OFFERED TO GOVERNMENT: A. STRUCTURE: C. SURFACE: CHARGE FOR SPACES OFFERED TO GOVERNMENT (IF NOT IN RENT): B. STRUCTURE: $ r Mo D. SURFACE: $ / MD RIGHT TO USE OF ROOFTOP AREA FOR ANTENNAS AND ASSOCIATED RIGHTS IN BUILDING ❑ INCLUDED ❑ NOT INCLUDED A. OFFEROR I B. OFFERORS AUTHORIZED REPRESENTATIVE(IF APPLICABLE) TELEPHONE NUMBER (NAME AND COMPLETE MAILING ADDRESS) (NAME AND COMPLETE MAILING ADDRESS) EMAIL ADDRESS OFFERORS FORM OF BUSINESS: ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION —SPECIFY STATE: RLP AMENDMENTS ACKNOWLEDGED (INITIAL) I NO. 1 I NO. 2 1 NO. 3 1 NO.4 ( NO. 5 On behalf of the Offeror, the undersigned offers to lease to the Government the Premises described in Sections I and 11, together with all other rights indicated therein, at the rental and other rates stated, on the terms and conditions set forth in the referenced Request for Lease Proposals and this Proposal. This Offer shall remain open for a period of 66 days. A. SIGNATURE I B. NAME I C. TITLE D. DATE Lessor Government: GSA FORM 1364A (REV 9/3011 OFFEROR WILL COMPLETE THE FOLLOWING FIREILIFE SAFETY, ACCESSIBILITY, AND ENERGY SAVINGS IMPROVEMENTS AS REQUIRED IN THE LEASE: ADDITIONAL TERMS AND CONDITIONS WITH RESPECT TO THIS OFFER: PAGE 2 OF 2 GSA FORM 1364A (REV 9130/11) Lessor Government: [1] Feeowner [1) Other: Attach evidence of Offeror's interest in property (e.g., deed) and representative's authority to bind Offeror: 19=1 The Property is [I ] in a base (100-year) flood plain [I ] in a 500-year flood plain [I ] not in a flood plain. Flood Seismic Safety: The Building ❑ RLP does not contain seismic requirements. No documentation required. ❑ RLP contains seismic requirements. The Building ❑ Fully meets seismic requirements or meets an exemption under the RLP ❑ Does not meet seismic requirements, but will be retrofitted to meet seismic requirements ❑ Will be constructed to meet seismic requirements ❑ Will not meet seismic requirements documentation. Historic Preference: The Building is a [ ] Historic property within a historic district. [ ] Non -historic property within a historic district. [ ] Historic property outside of a historic district. [ ] None of the above. RLP Section 2, Historic Preference.) Attach [) ] Contains no ACM, or contains ACM in a stable, solid matrix that is not damaged or subject to damage. [ ] Contains ACM not in a stable, solid matrix. RLP Section The Property [l] Meets [1] Does not meet Lease firellife safety standards. RLP Section 2, Fire Protection and Life The Property [I] Meets [ I ] Does not meet Lease accessibility standards. ENERGY STAR®: The Building [I] Has received the ENERGY STAR® Label within the past twelve months. Date: [ ] Has not received the ENERGY STAR® Label within the past twelve months; the Offeror has evaluated energy savings measures and [I] Determined that none are cost effective. [ ] Determined that the following are cost effective (List): (See RLP Section 2. Enerov Security and Independence Act.) Attach Appropriate Documentation. Page 1 of 4 GSA Form 1364A-1, Simplified Lease Proposal Data (Rev. 11112) Waiver of Price Evaluation Preference. A HUBZone small business concern (SBC) Offeror may elect to waive the price evaluation preference provided in Section 4 of the RLP. In such a case, no price evaluation preference shall apply to the evaluation of the HUBZone SBC, and the performance of work requirements set forth in Section 1 of the Lease shall not be applicable to a lease awarded to the HUBZone SBC Offeror under this solicitation. A HUBZone SBC desiring to waive the price evaluation preference should so indicate below. ❑ I am a HUBZone SBC Offeror and I elect to waive the price evaluation preference. RLP and Lease documents for Page 2 of 4 GSA Form 1364A-1, Simplified Lease Proposal Data (Rev. 11112) PROPOSED RENT COMPONENTS Firm Term Non -Firm Term Option Term OFFICE AREA ($IRSF/Yr) ($/RSF/Yr) ($/RSF/Yr) A B C Building Shell Rent (Incl. Real Estate Taxes) (See page 4 addendum, Shell Definitions) Turnkey Tenant Improvement Rent (See block 20 below for additional cost and $1 $1 $� amortization rate breakdown) Operating Rent $1 $� Building Security Amortized Capital Rent, (See block 21 below for additional cost and $1 $( amortization rate breakdown) Total Firm Term Non -Firm Term Option Term OTHER SPACE ($/RSFIYr) ($/RSFIYr) ($/RSF/Yr) A B C Building Shell Rent (Incl. Real Estate Taxes) Turnkey Tenant Improvement Rent (See block 20 below for additional cost and amortization rate breakdown) Operating Rent $1 $� Building Specific Amortized Capital Rent (See block 21 below for additional cost and $1 $� amortization rate breakdown) Total $1 $� Tenant Improvement $ Interest rate to amortize % Costs Tenant Improvements Building Specific $ Interest rate to amortize % Amortized Capital Building Specific costs Amortized Capital costs OTHER INFORMATION SUPPLIED WITH THIS PROPOSAL: If GSA is using an authorized contractor real estate broker in this transaction, Offeror must enter here the commission rate offered to its representative, and the commission rate offered to GSA's Broker, and attach the commission agreement between Offeror and GSA's Broker. [11 The information contained in this 1364A-1 Lease Proposal Data Form is proprietary to Offeror. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY THE HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN, IN FULL COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED REQUEST FOR LEASE PROPOSALS, WITH ATTACHMENTS. A. SIGNATURE 1 B. NAME I C. TITLE I D. DATE Page 3 of 4 GSA Form 1364A-1, Simplified Lease Proposal Data (Rev.11112) Base structure and building enclosure components (windows with exterior finishes) are complete. Base building electrical and mechanical systems (e.g., central fire alarm, chiller plant, and cooling tower) are complete and functional. All common areas, such as lobbies, elevators, fire egress corridors and stairwells, garages, and service areas are complete. (Circulation corridors are provided as part of the base building only on multi - tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corridor necessary to meet code is provided as part of the shell.) Building common restrooms are complete and operational. Building cores on each floor with assignable space contain the following: tappable domestic water riser, service sanitary drain, sanitary vent, ready for extension to tenant -demised areas. Electrical power distribution panels and circuit breakers available in an electrical closet, with capacity at 277/480 volt and 120/208 volt, 3-phase, 4-wire providing 4 watts per USF. Designated connection point to the central fire alarm system for extension to tenant -demised areas. Distribution backboard within a wire closet for connection to tenant's telephone lines. Vertical conduit (empty sleeve) through building core, available for tenant wiring and cabling. Broom -clean concrete floor slab, with level floor not varying more than % inch over 10-foot horizontal run, in accordance with American Concrete Institute Standards. Gypsum wallboard, spackled and prime painted on exterior perimeter walls and interior core walls, is installed. 2' x 2' suspended acoustical ceiling with 2' x 2' parabolic fluorescent (or other building standard, such as 2' x 4' fixtures) installed in the ceiling grid for an open office plan at the rate of one fixture per 80 USF, is installed. Common corridor stud walls, without gypsum board on demised tenant premises side and without suite entry door, are installed. Central heating, ventilation, and air conditioning (HVAC) systems are installed and operational, including, as appropriate, main and branch lines, variable air volume boxes, dampers, flex ducts and diffusers, for open office layout. Conditioned air through medium pressure ductwork at a rate of .75 cfm per square foot of usable area is provided. Sprinkler mains and distribution piping in a protection layout (open plan) with heads turned down, concealed with an escutcheon or trim plate, are installed. Page 4 of 4 GSA Form 1364A-1, Simplified Lease Proposal Data (Rev. 11/12) YEARLY MAINTENANCE CONTRACT BETWEEN CALHOUN COUNTY AUDITOR AND DEWITT POTH & SON ON A KYOCERA PRINTER, MODEL NUMBER FC-9530DN, SERIAL NO. PPP3Y09392 AND AUTHORIZE COUNTY AUDITOR TO SIGN: Commissioner Galvan made a motion to approve a yearly maintenance contract between Calhoun County Auditor and DeWitt Poth & Son on a Kyocera printer, Model Number FC-9530DN, Serial No. PPP3Y09392 and authorize County Judge to sign. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CINDY MUELLER COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX —202 S ANN ST, STE B PORT LAVACA, TEXAS 77979 (361) 553-4610 MEMORANDUM TO: JUDGE PFEIFER & SUSAN RILEY COUNTY JUDGE'S OFFICE FROM: AUDITORS OFFICE — PEGGY HALL DATE: May 20, 2015 RE: AGENDA ITEM — May 28, 2015 AGENDAITEM j" Y1' ►Consider and take necessary action on yearly maintenance contract between the Calhoun County Auditor and DeWitt Poth & Son on a Kyocera printer, model number FC-9530DN, Serial No. PPP3Y09392 and authorize the County Auditor to sign. (CM) dewitt pth TOMORP.Ow'S su.]NE5E - ESTABLISHED 1939 - FSMA Contract COMPANY NAME: Calhoun County Auditor ADDRESS: 202 South Ann Street Port Lavaca TX, 77979 LOCATION: 202 South Ann Street MAKE MODEL _.. SERIAL.NO. Kyocera FC-953ODN PPP3Y09392 #8743 ►n 1 MAY PHONE: (361) 55 3_%10 MAINTENACE CONTRACT COST $275.00 TAX $ TOTAL $275.00 I hereby agree to pay in advance the above rate to cover the above listed equipment under the MAINTENANCE CONTRACT PROGRAM, beginning on May 6, 2015 and ending on May 5, 2016. Includes 168,000 copies per year. Overage $0.0025 per copy DATE: SIGNED: l .td^�®(Wxlav Calhoun County Auditor This agreement provides for full service for twelve (12) months. This provides all parts, labor, and travel time. This does not include consumable supplies. All emergency service calls will be made within eight (8) working hours. This does not include Saturdays, Sundays, or holidays. Also, not included is service resulting from negligence, accident, misuse, acts of God, vandalism, theft, changes in the specifications of the equipment or use of supplies not recommended by manufacturer. This agreement is non -transferable and is voided if the equipment is sold. The contract will automatically renew unless cancelled by either party. DATE: 6 " 3 r a 015 SIGNED: 4epoth 'Ua z e 4 & Son 102 West Street I P.O. Box 487 I Yoakum, TX 77995 (361) 293-3791 1 toll free (800) 242-0162 1 fax (361) 293-7553 vtwawe.dlewaattpot&txom ADDITION OF THE CALHOUN COUNTY HUMANE SOCIETY (NON-PROFIT ORGANIZATION) TO THE LIST OF POSSIBLE DONATIONS ON THE JUROR DONATION RECEIPT, EFFECTIVE IMMEDIATELY: Commissioner Finster made a motion to add the Calhoun County Humane Society (non-profit organization) to the list of possible donations on the Juror Donation Receipt, effective immediately. Commissioner Galvan seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Rhonda Kokena <rhonda.kokena@calhouncotx.org> Sent: Monday, May 18, 2015 12:07 PM To: Susan Riley Subject: AGENDA Please add to nest agenda: Accept and Approve the addition ofthe Calhoun Count), Humane Sociew (non-proTrt organization) being added to the list oJpossible donations on the Juror Dowtion Receipt. E(teetive innnediatel.v RHONDA S. KOKENA Cou.wfy Treaywrer Cal itimtiw Co off Awnzw It 202 S. A�St., Svite,A Pat+Lalt. , T&xay 77979 (361)553-4619 affLce, (361)553-4614 fny� PAYMENT TO THE STATE COMPTROLLER FOR REIMBURSEMENT OF PREVIOUS SALES & USE TAX ALLOCATIONS RECEIVED FOR THE PERIOD OF JULY, 2006 THROUGH MARCH, 2010 IN THE AMOUNT OF $378,182.10: Commissioner Finster made a motion to allow the State Comptroller to deduct from monthly allocations the reimbursement of previous Sales & Use Tax allocations received for the period of July, 2006 through March, 2010 in the amount of $378,182.10. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Susan Riley From: Rhonda Kokena <rhonda.kokena@calhouncotx.org> Sent: Wednesday, May 20, 2015 2:26 PM To: Susan Riley Subject: AGENDA ITEM Importance: High Please put on the new agenda: Discussion and approve purment to the State Comptroller _far reimbursement ofprevions Sales & Use Tax Allocations received, for the period of July. 2006 through March, 2010. Thanks. RHONDAS.KOKENA C,9- vjy Trea-.Awer Ca k4v-v,cat, A It 202 S. Avwv St., S v e, A POT+L-a ce , Tecay 77974 (361)553-44619 °ff" (361)553-4614 haw 1 TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O.0ox 13528 • AUSTIN, TX 78711-3528 May 15, 2015 Treasurer Calhoun County 426 W. Main St Port Lavaca, TX 77979 Dear Treasurer: EC E I W E MAY 21 2015 D This letter is to notify you that the Calhoun County has been overpaid $378,182.10 in local sales and use taxes. This claim has been verified as a valid audit based on exemptions allowed under local sales tax statutes for the time period July, 2006 through March, 2010. Since this amount has been refunded to the taxpayer, it must now be repaid to the State. The options to repay the erroneous amount are as follows: ❑ 1) *Full reimbursement by check, 132) Apply all monthly collections to the overpaid amount until the amount has been repaid, or 03) Arrange a payback agreement where a monthly deduction is made until the amount is paid in full. *If you choose option 1, "full reimbursement by check," the payback amount should be adjusted by the 2% service fee. Multiply the payback amount by 2% (.02), subtract the 2% amount from the payback amount, then pay the adjusted amount. Please mark an X in the applicable box above for the option you wish to choose, have an official sign at the bottom, and return this letter using the enclosed self- addressed envelope. If a proposal is submitted, you will be contacted after the proposal is reviewed. If you have any questions or need additional information, you may call me toll free at (800) 531-5441, ext. 35265, or via Fax at (512) 475-5241 or email donna.bethke@caa.texas.gov. Sincer 1OW4 Donna Bethke Revenue Accounting Division Tax Allocation Section Date _ Official Title RENEWAL OF 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 FOR THE PERIOD JUNE 25, 2015 THROUGH JUNE 24, 2017: Commissioner Fritsch made a motion to renew 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 for the period June 25, 2015 through June 24, 2017. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. GUIDELINES AND CRITERIA OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY FOR GRANTING TAX A13ATEMENTAS A BUSINESS INCENTIVE IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY (For the period June 25, 2015 through June 24, 2017) WHEREAS, the Conunissioners' Court of Calhoun County by resolution adopted on March, 18, 1988 declared its eligibility to grant tax abatement; and WHEREAS, by subsequent resolutions the Commissioners' Court of Calhoun County adopted and extended Guidelines and Criteria for granting tax abatement in reinvestment zones created in Calhoun County; and WHEREAS, as a direct result of being eligible to grant tax abatement, Calhoun County, the Calhoun County Independent School District, Calhoun County Navigation District and other taxing jurisdictions in the county have been able to compete for and obtain expansion projects of the Union Carbide Corporation Seadrift Plant, with projects exceeding one hundred million dollars, and the Formosa Plastics Corporation, Texas facilities of approximately 1.3 billion dollars; and WHEREAS, pursuant to the PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, TEX. TAX CODE ANN. Chapter 312, it is necessary to adopt Guidelines and Criteria for granting tax abatement agreements as a business incentive for the next two year period commencing June 25, 2015 through June 24, 2017, inclusive, said Guidelines and Criteria to be unchanged for the two year period, unless amended by three-quarters vote; and NOW, THEREFORE, BE IT RESOLVED that the Commissioners' Court of Calhoun County does hereby adopt the following Guidelines and Criteria for granting tax abatement as a business incentive in reinvestment zones created within Calhoun County, Texas for the period June 25, 2015 through June 24, 2017, inclusive. 1 Section I DEFINITIONS (a) "ABATEMENT" means the exemption from ad valorem taxation of a portion or all of the eligible value of the real property or of tangible personal property located on the real property, or both, as limited by these Guidelines and Criteria and the provisions of TEX. TAX CODE ANN. §312.204. (b) "AGREEMENT" means a written contractual agreement between a property owner and/or lessee and an eligible taxing jurisdiction for the purposes of a business incentive. (c) "AQUACULTURE FACILITYY" means buildings, structures and major earth structure improvements, including fixed machinery and equipment, the primary purpose of which is the hatching or incubation or nursing or maturing or processing to marketable size aquatic culture in cominercially marketable quantities. (d) "APPLICANT" means the legal entity seeking tax abatement as a business incentive. (e) "APPRAISED VALUE" means the last certified property value as approved by the Calhoun County Appraisal Review Board. (f) "BASE YEAR VALUE" means the appraised value of all property owned by the Taxpayer/applicant in the reinvestment zone as most recently determined by the Calhoun County Appraisal District immediately preceding the application, plus the agreed upon value of all property improvements made in the reinvestment zone since the last appraisal, but before the execution of the agreement. (g) "BUSINESS INCENTIVE" means an item offered of value to a business that induces the business to locate in a particular jurisdiction. (h) "COMMENCEMENT OF CONSTRUCTION" means the placement or construction of any improvements that are part of the project in the reinvestment zone. The storage of building materials in the reinvestment zone that are to be used in construction of the improvements does not constitute commencement of construction. Engineering, site preparation and similar activity shall not be considered commencement of construction so long as permanent improvements that are part of the project have not been constructed and placed in the reinvestment zone. F) (i) "COMMISSIONERS" or "COMMISSIONERS' COURT" means the Commissioners' Court and governing body of Calhoun County, Texas. 0) "COUNTY" means Calhoun County, Texas, apolitical subdivision of the State of Texas. (k) "DEFERRED MAINTENANCE" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. (1) "DESIGNATING AUTHORITY" means the taxing unit that has the authority to designate the reinvestment zone in which the proposed project is located. (m) "DESIGNEE" unless otherwise indicated, means any person or entity authorized by the Commissioners' Court to act on behalf of the County. (n) "ECONOMIC LIFE" means the number of years a property improvement is expected to be in service in a facility, and will continue to have value for ad valorem tax purposes throughout such term (o) "ELIGIBLE JURISDICTION" includes Calhoun County and any navigation district, any drainage district, and municipal utility district, any water quality improvement district, any municipality, and the Calhoun County Independent School District, that levies ad valorem taxes upon property located within the proposed or existing reinvestment zone. (p) "EXPANSION" means the addition of building, structures, fixed machinery or equipment for purposes of increasing production capacity. (q) "FACILITY" means property improvements proposed, completed, or in the process of construction which together comprise an integral whole. (r) "INFRASTRUCTURE" means a system of public works installed in a residential subdivision, whether public or private, to include, but not be limited to, roadways, utility service including water, sewer and electrical service, and bulk heading. (s) "MANUFACTURING FACILITY" means building and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (t) "MATERIAL MISREPRESENTATION" means a false statement about a material matter which induced the Commissioners' Court to take any specific action on 3 an application for tax abatement as a business incentive, and without such misrepresentation, the Commissioners' Court would either not have designated a reinvestment zone, or granted tax abatement as a business incentive or would have taken some action different than it actually did. (u) "MODERNIZATION" means the replacement or upgrading of existing facilities which increases the productivity input or output, updates the technology, or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing or repairing. (v) "NEW FACILITY" means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. (w) "OTHER BASIC INDUSTRY" means buildings and structures including fixed machinery and equipment not elsewhere described, used, or to be used for the production or products, and result in the creation of new permanent jobs within Calhoun County and inject new wealth into Calhoun County. (x) "PROJECT" is a reference to the entire proposal of work and improvements to be accomplished in the reinvestment zone as described in the application and tax abatement as a business incentive agreement. (y) "REGIONAL DISTRIBUTION CENTER FACILITY" means building and structures, including machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator. (z) "REGIONAL ENTERTAINMENT" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertaimnent through the admission or the general public. (aa) "REGIONAL SERVICE FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods. (bb) "REINVESTMENT ZONE -COUNTY DESIGNATED" means any area of Calhoun County which has been designated a reinvestment zone for tax abatement as a business incentive and which is not within the taxing jurisdiction of any incorporated municipality. It is the province of the Calhoun County Commissioners' Court to designate Reinvestment Zones - County Designated on a case -by -case basis in order to 4 maximize the potential incentives for eligible enterprises to locate or expand within Calhoun County. (cc) "REINVESTMENT ZONE - MUNICIPALITY DESIGNATED" means an area of Calhoun County which lies within the taxing jurisdiction of a municipality and has been designated a reinvestment zone by that municipality for tax abatement as a business incentive. It is the province of the City Council of any eligible municipality to designate Reinvestment Zones Municipality Designated on a case -by -case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the City. (dd) "RENOVATION" is a repair or improvement of an existing facility or structure. (cc) "REPAIR" means any improvement or betterment of an existing facility or structure. (ff) "REPLACEMENT" means the substitution of something new or different for an existing facility or structure, or portion thereof, when the replacement facility or structure is to be used for the same general purpose as the old facility or structure that is being replaced. (gg) "RESEARCH I+ACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used primarily for research or experimentation to improve or develop or develop the production processes thereto. (hh) "SCHOOL DISTRICT" or "DISTRICT", unless otherwise indicated, means the Calhoun County Independent School District. (ii) "SUPSTANTIAL COMPLIANCE" means that any estimate or prediction that comes within eighty-five percent of a stated amount shall be construed as compliance, but only when estimates are expressly authorized. Unless expressly authorized, strict compliance with a statement or representation shall be required. Oj) "TAXPAYER" means the legal entity that seeks, or who has been approved for tax abatement as a business incentive. It also is a reference to the owner of the property constituting the reinvestment zone and the improvements and tangible personal property to be located therein. Section 2 5 ELIGIBILITY CRITERIA GENERALLY (a) General Eligibility Subject to the limitations and exceptions contained in these Guidelines and Criteria, TEX. TAX CODE ANN. §312.204 shall govern to what extent real property and tangible personal property located in a reinvestment zone are eligible for tax abatement as a business incentives. (b) Commencement of Construction. If the reinvestment zone is designated by a municipality, the applicant shall not continence construction until after it and the municipality have both executed an agreement on similar terms for the same project: then under consideration by the County. Any property otherwise eligible for abatement that is placed or constructed in the reinvestment zone before the agreement is executed with the municipality shall not be eligible for tax abatement as a business incentive. However, any eligible improvements made or property placed in the reinvestment zone after executing the agreement with the municipality shall be eligible for abatement with the County, even though such improvements or property are placed in the reinvestment zone prior to filing the application or executing the agreement with the County, provided that a municipality is the designating authority. If the reinvestment zone is County designated, applicant shall not commence construction until the County executes the agreement. (c) Property Value Eligible for Abatement Subject to the limitations and other eligibility requirements contained in these guidelines, the County may abate the value of tangible personal property located on the real property in the reinvestment zone in each year covered by the agreement, other than tangible personal property that was located on the real property at any time before the period covered by the agreement. The value of real property to the extent its value for each year during the agreement exceeds its value for the year in which the agreement was executed is eligible for abatement. (d) New and Existing Facilities A business incentive may be granted for both eligible new facilities and structures, as well as for expansion or modernization of existing facilities and structures. (e) Eligible Property to be Described The application for tax abatement as a business incentive or any other business incentive and any agreement must describe the project and improvements with such detail and certainty as required by the County in order to identify the property that is declared to be eligible for business incentives. Any 6 property, even though otherwise eligible for business incentives, that is not sufficiently described in the application, as determined by the Commissioners' Court, or their designee, shall not be eligible for business incentives under such agreement. (f) Exclusions. (1) This policy is mutually exclusive of existing Industrial District Contracts. The real property cannot be in an improvement project financed by tax increment bonds. (2) Any business incentive agreement granted is subject to the rights of holders of outstanding bonds of the County. (3) When any project that otherwise satisfies the eligibility criteria for tax abatement as a business incentive is for the purpose of repairing, replacing, modernizing, or upgrading an existing facility, if, prior the commencement of the project, or upon completion of the project the value of the existing facility is reduced or deleted from the tax rolls, then, in such event, the applicant shall only be eligible for tax abatement as a business incentives to the extent of the difference in the last appraised value of the property value that is being dropped or reduced from the tax rolls and the project cost. Section 3 ELIGIBILITY CRITERIA AND TERMS FOR FACILITIESANDUSTRY (a) Eligible Facilities. A facility may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (1) Manufacturing Facility; or (2) Research Facility; or (3) Aquaculture Facility; or (4) Regional Distribution Center Facility; or (5) Regional Service Facility; or (6) Regional Entertainment Facility; and, (7) Other Basic Industry. (b) Economic Qualifications In addition to satisfying the other eligibility criteria, in order to be eligible for business incentives, the new facility or structure, or the expanded or modernized existing facility or structure must meet the following qualifications: 7 (1) The project must cost at least Five Million Dollars ($5,000,000.00); and (2) Be expected to retain or create employment for at least 10 persons of the eligible facility on a full time and permanent basis in Calhoun County; and (3) Not be expected to solely or primarily have the effect of transferring employment from one part of Calhoun County to another; and (4) Be expected to attract major investment in the reinvestment zone that would be a benefit to the property to be included in the zone; and (5) That development anticipated to occur in the proposed reinvestment zone would contribute to the economic development of the County. (6) The County reserves the right to grant abatements up to the state maximum of 100% for 10. years. (c) Term of Abatement. The term of tax abatement as a business incentive granted by the County shall be six (6) years, and shall be applied commencing January 1 following the effective date of the agreement. (d) Effective Date. (1) If the County is the designating authority, the effective date of the agreement shall be the date that the County executes the agreement. (2) If a municipality is the designating authority, the effective date of any agreement that the County approves shall be same date as that of the agreement entered into for the same project by the municipality. (3) Abatement applies to all eligible improvements placed in the reinvestment zone after the designating authority and Taxpayer execute their agreement. Taxes will be abated on eligible property for the number of years approved by the County, commencing January 1 immediately following the effective date of the agreement. Property otherwise eligible for abatement under the agreement shall be eligible for abatement only if the property is placed or constructed in the reinvestment zone after the effective date of the agreement, but on or before December 31 immediately preceding the beginning of the last full tax year that taxes are to be abated. (e) Percent of Tax Abatement as a Business Incentive. The percent of tax abatement as a business incentive of eligible property value to be granted each year shall be as follows: Taxable Investment (Millions) Up to 5.00 5.00 to 9.99 10.00 to 14.99 15.00 to 19.99 20.00 or more Year 1 2 3 4 5 6 90 50 25 90 75 50 25 90 90 75 50 25 _ 90 90 85 75 50 25 (f) Taxability. From the execution of the agreement to the end of the agreement period taxes shall be payable as follows: (1) the value of ineligible property as provided in Section 2 shall be fully taxable. (2) the base year value of existing eligible property as determined each year shall be fully taxable; and (3) the unabated value of eligible property shall be taxable (g) Limitations. If, during the term of the business incentive period the taxpayer should close, cease production, or demolish any or all of a facility that was in existence on the effective date of the business incentives agreement, or take any other similar action that would have the effect of reducing or deleting the value of the facility, or portion thereof from the tax rolls that was in existence on the effective date of the business incentives agreement regardless of the reason, then the eligible value for abatement allowed in the business incentives agreement shall be reduced by the amount of existing property value owned by the taxpayer that is reduced or deleted from the tax roll. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. Section 4 9 ELIGIBILITY CRITERIA AND TERMS FOR REAL ESTATE DEVELOPMENT (a) Eligible Development. A development may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (1) New single family residential housing project; (2) Multi -family housing project; and/or, (3) Apartment project. (b) Duration of Abatement as a Business Incentive. Any Agreement under this section shall not exceed three (3) years. (c) Economic Qualification. To be eligible to receive tax abatement as a business incentive, the developer must expend a minimum of two million dollars ($2,000,000.00) in infrastructure costs for the development. (d) Taxability. From the initial application to the end of the abatement period, taxes shall be paid as follows: (1) All ineligible property shall be fully taxable during the term of the abatement. (2) Any property within the reinvestment zone that is sold, transferred, conveyed, occupied or otherwise no longer part of the developer's inventory shall 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. (3) At the end of the abatement period, all property subject to the Agreement shall be subject to full taxation. (a) Filing. Any property owner of taxable property in Calhoun County located in a designated or proposed reinvestment zone may request tax abatement as a business incentive by filing a written application with the Commissioners' Court, or their designee. When appropriate, the application may combine a request for designation of a reinvestment zone with an application for tax abatement as a business incentive. (b) Contents. The application shall include all information contemplated by these Guidelines and Criteria in order for the Commissioners' Court to evaluate the applicant's eligibility and to determine whether to grant any business incentives. The application 1 10 shall be submitted on a form provided by the County, or alternatively, if unavailable; the contents of the application shall be in order of this subsection and respond to each element of this subsection, and shall contain such other information as required by the County, or it representative. Specifically, the application shall include the following: (1) A list of the kind, number and location of all proposed improvements of the property, including a general written description of the general nature and extent of modernization, expansion or new improvements to be undertaken. (2) A statement of the current and proposed uses of the property showing that planned usage is consistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that the property tax exemptions are in effect. (3) A map showing locations of existing and proposed improvements. The map should also show general uses and conditions of the real property in the reinvestment zone. (4) A legal description of the property. (5) An estimate of the project cost and new value that will result from the modernization, expansion or new improvements to be undertaken. A statement of the base year value separately stated for land and existing improvements located in the reinvestment zone, plus any improvements or changes in value in the reinvestment zone after the last appraisal and prior to the application. In any case where the value of an existing facility will be deleted or diminished as a result of the project, the application must contain verification from the Chief Appraiser of the last appraised value of any portion or all of a facility whose value will be reduced or removed from the tax rolls. (6) An estimate of the number of jobs that will be created or retained by the modernization, expansion or new improvements. (7) Estimated date of start of construction, length of construction, estimated value of new improvements to be completed during each year of construction and estimated date of completion. (8) An estimate of what the property value subject to abatement will be on January 1 immediately following the end of the abatement period. 11 (9) In the case of applicants unlmown to the Commissioners' Court, a financial statement of the individual or corporation filing the application, complete with letters of credit and other documents which the County may request in order that the Commissioners' Court can appropriately evaluate the financial capacity and other factors of the applicant. (10) The Taxpayer shall make the following assurances in the application: (a) That all the information contained in the application is true and correct. (b) That the person signing the application on behalf of the Taxpayer/Applicant has unrestricted authority to execute the application and the contract documents on behalf of the Taxpayer/Applicant, and has the unrestricted authority to obligate the Taxpayer/Applicant to all the terms, covenants and conditions that will be contained in the agreement. (c) That construction will not cormrrence on any of the eligible improvements until an agreement has been executed with the designating authority, whether the designating authority is the County, or a municipality. (d) That the project will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that the Taxpayer will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. (e) That the Taxpayer/applicant will abide by all conditions of the agreement and the Guidelines and Criteria adopted by the Commissioners' Court applicable to the agreement. (f) That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. (g) That the applicant will make the specific improvements to the property as described in its application. (h) That although estimates of the cost of the project and the number of jobs, retained or created as a result of the project that are within 85 % of actual cast and/or number of jobs may be construed to be substantial compliance, 12 the actual total cost of the project and actual number of jobs retained or created shall not be less than the minimum amounts required in the County's Guidelines required to qualify for tax abatement as a business incentive. (11) The applicant will identify the type of legal entity making the application, such as corporation, partnership, etc. If a corporation, the statement should include the home state of incorporation, the name and address of the registered agent for service in Texas, and a commitment to notify the County within sixty days of any change of the registered agent or status of the corporation. Similar information will be required of a general or limited Partnership or other legal entity. (12) The application shall contain the name, title and address of the Taxpayer's local and corporate representatives for the purposes of giving notice. (13) In its application, the applicant shall include a statement that it waives all rights of confidentiality with regard to the contents of its application for tax abatement as a business incentive otherwise granted under TEX. TAX CODE ANN. §312 .003. (14) The applicant shall agree to reimburse the County for all legal fees and any other expenses that the County incurs in establishing eligibility for granting business incentives and for reviewing, processing and acting on its application. Further, applicant shall agree to pay for the costs of an economic impact assessment, if the County requires one in connection with its application for business incentives. In the event the County determines an economic impact assessment is required, the Taxpayer shall be given notice and the opportunity to withdraw its application prior to commencement of the economic impact assessment, if applicant is unwilling to pay the total cost of the economic impact assessment. In its application, the Taxpayer shall agree to pay for all fees and expenses incurred by the County in establishing eligibility to grant business incentives and processing the application, even though the Commissioners' Court ultimately denies the application. (15) Any other information that the Commissioners' Court or Applicant may deem appropriate to assist the Commissioners' Court in determining whether to enter into a business incentives agreement with the Applicant. (16) If a variance from any provision in these Guidelines and Criteria is 13 requested, a statement describing the variance, and a detailed statement supporting the Applicant's reasons for the requested variance must be included. (c) Completed Application. Upon receipt of a completed application, the Commissioners' Court shall mail written notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the application. Such notice shall be mailed at least seven (7) days before the Commissioners' Court takes any action on the application. The notice shall include a copy of the proposed agreement, if the County is the designating authority. There shall be a $1,000 nonrefundable fee payable the County at the time the application is submitted. (d) Economic impact assessment. After receipt of an application for business incentives, the Commissioners' Court may cause to have prepared an economic impact assessment setting forth the impact of the proposed agreement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes. The County shall give at least ten (10) days written notice to the Applicant of its intent to conduct an economic impact assessment, which notice shall include a description of the scope of the study. If the Applicant is unwilling to pay for the economic impact assessment, it may give notice to the County within seven (7) calendar days from the date it received notice of the proposed economic impact assessment that the Applicant is withdrawing its application. The economic impact assessment may include any other issue that the Commissioners' Court determines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, short term/long term effect on issues of adequacy of existing physical plants, need to increase number of employees in the County, and the impact on the County of any resulting increased costs as a result of the project and the County's ability to pay such costs during the abatement period. Section 5 DESIGNATION OF RE'INVESTMENT ZONE (a) Authority to Designate Reinvestment Zones. Reinvestment zones may be designated by either the Commissioners' Court for property located outside the jurisdiction of any municipality in the County, or by a municipality, if the property is 14 located within the jurisdiction of such municipality. (b) Application for County Designated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for business incentives. The application must include information to support the required findings in subsection (c), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any information contained in the application for business incentives that answers the requirements for designation of a reinvestment zone does not need to be duplicated, if the application for designation of a reinvestment zone and business incentives are combined in one application. (c) Designation. The Commissioners' Court may not designate an area as a reinvestment zone until: (1) The Commissioners' Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners' Court must make the following findings in order to designate an area as a reinvestment zone: (a) The designation would contribute to the retention or expansion of primary employment; or, (b) The designation would attract major investment in the zone that would be a benefit to the property to be included in the zone; and, (c) The designation would contribute to the economic development of the county. (d) Notice of Hearing. Notice of the hearing shall be clearly identified on the Commissioners' Court agenda. In addition, notice shall issue as follows: (1) Notice of the hearing must be published in a newspaper of general circulation in the County not later than the 7th day before the date of the hearing; and (2) Written notice of the hearing shall be delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the proposed reinvestment zone. Such notice 15 shall be delivered at least 7 days before the hearing. Pursuant to Tex Tax Code Ann. §312.201(e) this notice shall be presumed delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. (e) Municipality Designated Reinvestment Zones. If the reinvestment zone is designated by a municipality, to be eligible for tax abatement as a business incentive with the County, the property must be located in a reinvestment zone and the municipality must have entered into an agreement for the same project with the applicant no more than ninety days before the County enters into an agreement with the same applicant for the same project. (f) Date of Expiration. The designation of a reinvestment zone shall expire five (5) years after the date of designation. However, the designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. The expiration of the designation of a reinvestment zone shall not affect existing agreements made under these Guidelines and Criteria. Section 6 (a) Resolution of Commissioners' Court. After approval, the Commissioners' Court shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required, which shall include those matters contained in Texas Tax Code §312.205 and any other terms and conditions in the best interests of the County. (b) Notice to Other Taxing Jurisdictions. If the County is the designating authority, it shall deliver written notice to the presiding officer of the governing body of each other taxing unit in which the property that is the subject of the agreement is located that the County intends to enter into an agreement. The notice must be delivered at least 7 days before the County enters into the agreement. The notice must also include a copy of the proposed agreement. The notice shall be presumed to be delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. (c) Execution/Effective Date. After giving the notices required above, and after making 16 the necessary findings, the County may, in its discretion, approve and execute the agreement. The effective date of the agreement shall be the date that the County's designated representative or official executes the agreement if the County is the designating authority. If a municipality is the designating authority, the effective date of the agreement shall be the date that the City's designated representative or official executes the agreement. Section 7 RECAPTURE (a) Conditions of Default. Cure and Termination. Should the Commissioners' Court determine that the Taxpayer is in default according to the terms and conditions of its agreement, the Commissioners' Court shall notify the Taxpayer in writing at the address stated in the agreement, and if such default is not cured within sixty (60) days from the date of such notice ("Cure Period"), then the agreement may be terminated by the Commissioners' Court. Provided, that upon proof of a curative effort commencing within sixty (60) days, if construction is required, the Commissioners' Court may extend the time to complete the curative work, based upon reasonable construction requirements. (b) Elements of Default. The following shall be considered elements of default, in the event that the Taxpayer: (1) Allows its ad valorem taxes owed to Calhoun County to become delinquent without timely and proper protest and/or contest; or (2) Violates any of the terms and conditions of the abatement agreement, or any prior or subsequent agreement with the County, or any other taxing jurisdiction that has granted an agreement to the Taxpayer for any project that the Commissioners' Court has also granted business incentives; or (3) Discontinues producing product or service at the improvements subject to abatement and described in the application, for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period after the facility is completed and begins producing product or service. 17 (4) Violates any written term, covenant, condition, agreement, or promise of a gift or donation made by the taxpayer to the County, although such may be extraneous to the agreement, and even though same might be otherwise legally unenforceable; or (5) Makes any material misrepresentations, either in the application or agreement. (c) Termination. If, after written notice, the Taxpayer fails to cure within the prescribed period any specified default, such failure shall be grounds for termination for cause. Termination of the agreement for cause shall be retroactive to the beginning of the agreement. Termination shall be effected by resolution of the Commissioners' Court and written notice mailed to the Taxpayer. (d) 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. (e) Recapture. On termination for cause, the Taxpayer shall then become liable for the payment of all taxes that would have otherwise become due but for the abatement agreement for all calendar years during which the abatement agreement was in effect. Said taxes shall be paid to the Calhoun County Consolidated Tax Office for the credit of Calhoun County within sixty (60) days from the date of receipt of notice of termination. All such taxes due shall include statutory penalty and interest from the date they would otherwise have become delinquent but for the agreement, until the date they are actually paid. Section 8 ADMINISTRATION (a) Duties of Chief Appraiser. The Chief Appraiser of the County shall, as a normal consequence of his duties, annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, on or before April 1, the Taxpayer receiving abatement shall furnish the Chief Appraiser with such information as may be It.] reasonably requested. Once value has been established, the Chief Appraiser shall notify the affected taxing jurisdictions, which have granted tax abatement as a business incentive in the reinvestment zone, of the amount of the appraisal. (b) Compliance Inspections. All compliance inspections will be made only after giving twenty-four (24) hours notice and will only be conducted in such manner as not to unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. (c) Annual Evaluations Upon completion of construction, the Commissioners' Court of Calhoun County, or their designees, shall annually evaluate each facility receiving abatement to ensure compliance with the agreement. (d) Notice Requirements. Any notice required to be given to Calhoun County hereunder shall be in writing, and mailed or personally delivered to the County Judge. Notices to the Taxpayer shall be in writing, and addressed to its designated representative at the address provided in its application or the agreement. Section 9 MISCELLANEOUS (a) Variance. An application for a variance from the provisions of these Guidelines and Criteria may be made in written form to the Commissioners' Court. The total duration of abatement shall in no instance exceed ten (10) consecutive tax years commencing January 1 following the effective date of the agreement, including any extension. Such request shall include a complete description of the circumstances explaining why the applicant should be granted such variance. Approval of a request for variance requires at least a three -fourths (3/4) vote of the Commissioners' Court. (b) Assignments. An abatement agreement may be transferred and assigned by the holder to a new owner or lessee of the same facility, subject to obtaining written approval by resolution of the Commissioners' Court. Approval shall be conditioned upon the assignee providing whatever proof the Commissioners' Court may require to show the assignee's financial capability to carry out all the terms and conditions of the agreement. 19 The County reserves the right to require such additional inforination as it may deem appropriate to determine not only the assignee's financial capability to carry out the terms and conditions of the agreement, but also its experience and historical record to determine that it is in fact capable of operating the project subject to the abatement in such a manner that it can reasonably be expected to strictly comply with every term, covenant, condition and assurance contained in the agreement Further, the assignee shall agree in writing by amendment to the original agreement that it shall be bound by all the terms, covenants and conditions contained in the original agreement. No assignment or transfer shall be approved if the parties to the existing agreement, the new owner or new lessee are liable to Calhoun County or any other taxing unit affected by the agreement for delinquent taxes, or otherwise in default of any of the terms, covenants or conditions contained in the agreement. Subject to the foregoing conditions, the Commissioners' Court shall not unreasonably withhold approval of any proposed assignment. Any approval of assignment of the agreement shall not release any previous Taxpayer who has been a party to the agreement from its obligations under the agreement. (c) Application for Exemption. It shall be the responsibility of the Taxpayer to perfect any right of exemption as a result of any agreements entered into with the County. For each year in which abatement has been authorized by the County under the agreement, it shall be the responsibility of the Taxpayer to file its annual application with the Calhoun County Appraisal District for property exemption in accordance with the Texas Tax Code and related administrative regulations. (d) Effective Date. These Guidelines and Criteria shall be effective for two (2) years, from June 25, 2015 through June 24, 2017, inclusive. (e) Sunset Provision. At the end of the two year effective period of these Guidelines and Criteria, all agreements created pursuant to these provisions will be reviewed by the Calhoun County Commissioners' Court to determine whether the goals have been achieved. Based upon that review, the Guidelines and Criteria may be modified, renewed or eliminated. In the event that these Guidelines and Criteria are not modified or renewed, they shall automatically terminate effective June 24, 2017. 20 (f) Effect of Modification or Termination. The modification or termination of these Guidelines and Criteria shall have no effect upon existing agreements entered into while these Guidelines and Criteria are in effect. (g) Subtitles. The use of subtitles in these Guidelines and Criteria 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. (h) Severability. In the event any paragraph, clause, phrase or other provision of these Guidelines and Criteria should be declared to be unconstitutional, void or otherwise unenforceable the remaining provisions shall remain in full force and effect as if the unconstitutional, void or otherwise unenforceable provisions had not been included. Section 10 ADOPTION Upon motion by Commissioner Fritsch, seconded by Commissioner Finster, the foregoing resolution to amend these Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Business incentives in Reinvestment Zones Created in Calhoun County was approved by a vote of 5 for and o against. PASSED, ADOPTED AND APPROVED on this 28th day of May, 2015. ATTEST: Anna Goodman, County Clerk By: -,J0 yes Josie Sampson, Deputy COMMISSIONERS' COURT OF CALF®U COUNTY, TEXAS rchael J. ' fa' ef, ou Judge 21 RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE AND AUTHORIZE COUNTY JUDGE TO EXECUTE TAX RESALE DEED. PROPERTY IS LOT 62, THE SANCTUARY SUBDIVISION, PHASE 2, PORT O'CONNOR, TEXAS, CALHOUN COUNTY, TEXAS BEING THAT PROPERTY MORE PARTICULARLY DESCRIBED IN DOCUMENT #105700 OF THE OFFICIAL PUBLIC RECORDS, CALHOUN COUNTY, TEXAS (ACCOUNT #74362): Commissioner Finster made a motion to approve a Resolution Providing for the Sale of Property Acquired by the County of Calhoun at Delinquent Tax Sale and authorize County Judge to execute Tax Resale Deed. Property is Lot 62, The Sanctuary Subdivision, Phase 2, Port O'Connor, Texas, Calhoun County, Texas being that property more particularly described in document #105700 of the Official Public Records, Calhoun County, Texas (Account #74362). Commissioner Fritsch seconded the motion. Commissioners Galvan, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Lyssy abstained. RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, Lot 62, The Sanctuary Subdivision, Phase 2, Port O'Connor, Calhoun County, Texas being that property more particularly described in Document# 105700 of the Official Public Records, Calhoun County, Texas, according to the map or plat thereof recorded as assessed on the tax rolls under the jurisdiction of Calhoun County, Texas (Account #74362), 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; Cause No 2012-3-6065; Calhoun County et a] vs. Jeffrey Anstrom et al; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, for the use and benefit of itself and Calhoun County Independent School District and La Salle Water Control & Improvement District, pursuant to Tex. PROP. TAX CODE §34.010); and WHEREAS, TEX. PROP. TAX CODE §34.05(a), (h) and (i) provide that a taxing unit may accept a sufficient bid. A bid of ONE THOUSAND AND No HUNDREDTHS DOLLARS ($1,000.00) having been received from Ralph Weathersby would be a sufficient bid for this property; THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun that the County Judge is hereby authorized to convey Lot 62, The Sanctuary Subdivision, Phase 2, Port O'Connor, Calhoun County, Texas, according to the map or plat thereof recorded as assessed on the tax rolls under the jurisdiciton of Calhoun County, Texas (Account #74362) for the sum of ONE THOUSAND AND No HUNDREDTHS DOLLARS ($1,000.00) payable to the Calhoun County Appraisal District for distribution as provided by law and to execute a deed to Ralph Weathersby. PASSED, APPROVED AND ADOPTED THIS 28th day of May, 2015. J. , Precinct 1 ern Lvssy, County CXmmissioner, Precinct 2 County CormX jssioner, Precinct 3 Finster, County Commissioner, Precint 4 TAX RESALE DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STR-ME ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: February 3, 2015 GRANTOR: County of Calhoun, in trust for the use and benefit of itself and the Calhoun Independent School District and the La Salle Water Control & Improvement District GRANTOR'S MAILING ADDRESS: 426 W. Main, Port Lavaca, Texas, 77979 GRANTEE: Ralph Weathersby GRANTEE'S MAILING ADDRESS: P.O. Box 737, Port O'Connor, Texas 77982 CONSIDERATION: One Thousand Dollars ($1, 000.00) PROPERTY: Lot 62, The Sanctuary Subdivision, Phase 2, Port O'Connor, Texas, Calhoun County, Texas being thatproperty more particularly described in Document #105700 ofthe Official Public Records, Calhoun County, Texas (Account #74362). TAX FORECLOSURE LAWSUIT: Cause No. 2012-3-6065; Calhoun County Appraisal District v. Jeffrey Anstrom 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 2014 and subsequent years. This conveyance is expressly subject to any existing right or redemption remaining to the fonner owner of the PROPERTY under the provisions of law. This conveyance is expressly subject to all easements and restrictions of record. 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 Michael J. Pfeifer, County Judge THE STATE OF TEXAS COUNTY OF CALHOUN Before me, the undersigned authority on this day personally appeared Michael J. Pfeifer, County Judge of County of Calhoun, 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 28th day of May, 2015 Notary Public, State of Texas My Commission expires: APruL 18, 2016 RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE AND AUTHORIZE COUNTY JUDGE TO EXECUTE TAX RESALE DEED. PROPERTY IS LOT 22, THE SANCTUARY SUBDIVISION, PHASE 2, PORT O'CONNOR, TEXAS, CALHOUN COUNTY, TEXAS BEING THAT PROPERTY MORE PARTICULARLY DESCRIBED IN DOCUMENT #108024 OF THE OFFICIAL PUBLIC RECORDS, CALHOUN COUNTY, TEXAS (ACCOUNT #74322): Commissioner Finster made a motion to approve Resolution Providing for the Sale of Property Acquired by the County of Calhoun at Delinquent Tax Sale and authorize County Judge to execute the Tax Resale Deed. Property is Lot 22, The Sanctuary Subdivision, Phase 2, Port O'Connor, Texas, Calhoun County, Texas being that property more particularly described in document #108024 of the Official Public Records, Calhoun County, Texas (Account #74322). Commissioner Galvan seconded the motion. Commissioners Galvan, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Lyssy abstained. RESOLUTION PROVIDING FOR THE SALE OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN AT DELINQUENT TAX SALE WHEREAS, Lot 22, The Sanctuary Subdivision, Phase 2, Port O'Connor, Calhoun County, Texas being that property more particularly described in Document#18024 the Official Public Records, Calhoun County, Texas, according to the map or plat thereof recorded as assessed on the tax rolls under the jurisdiction of Calhoun County, Texas (Account #74322), 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; Cause No 2011-11-6034; Calhoun County et al vs. James S. Kermath et al; and WHEREAS, no sufficient bid was received and the property was struck off to the County of Calhoun, Texas, for the use and benefit of itself and Calhoun County Independent School District and La Salle Water Control & Improvement District, pursuant to TEx. PROP. TAx CODE §34.010); and WHEREAS, TEx. PROP. TAx CODE §34.05(a), (h) and (i) provide that a taxing unit may accept a sufficient bid. A bid of ONE THOUSAND AND No HUNDREDTHS DOLLARS ($1,000.00) having been received from Ralph Weathersby would be a sufficient bid for this property; THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun that the County Judge is hereby authorized to convey Lot 22, The Sanctuary Subdivision, Phase 2, Port O'Connor, Calhoun County, Texas, according to the map or plat thereof recorded as assessed on the tax rolls under the jurisdiciton of Calhoun County, Texas (Account #74322) for the sum of ONE THOUSAND AND No HUNDREDTHS DOLLARS ($1,000.00) payable to the Calhoun County Appraisal District for distribution as provided by law and to execute a deed to Ralph Weathersby. PASSED, APPROVED AND ADOPTED THIS 28th day of May, 2015. Precinct 1 Lyssy, County Commissioner, Precinct 2 A +/ 0/I' / N A _f% , Precinct 3 Finster, County Commissioner, Precint 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 THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: September 2, 2014 GRANTOR: County of Calhoun, in trust for the use and benefit of itself and the Calhoun Independent School District and the La Salle Water Control & Improvement District GRANTOR'S MAILING ADDRESS: 426 W. Main, Port Lavaca, Texas, 77979 GRANTEE: Ralph Weathersby GRANTEE'S MAILING ADDRESS: P.O. Box 737, Port O'Connor, Texas 77982 CONSIDERATION: One Thousand Dollars ($1, 000.00) PROPERTY: Lot 22, The Sanctuary Subdivision, Phase 2, Port O'Connor, Texas, Calhoun County, Texas being that property more particularly described in Document 4108024 of the Official Public Records, Calhoun County, Texas (Account #74322). TAX FORECLOSURE LAWSUIT: Cause No. 2011-11-6034; Calhoun County Appraisal District v. James S. Kermath 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, not 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 2014 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. 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 :A Michael J. Pfeifer, County Judge THE STATE OF TEXAS COUNTY OF CALHOUN Before me, the undersigned authority on this day personally appeared Michael J. Pfeifer, County Judge of County of Calhoun, 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 28th day of May, 2015 Notary Public My Commission expires: 4-18-2016 ACCEPT REPORTS OF THE FOLLOWING COUNTY OFFICES: Judge Pfeifer made a motion to accept the following reports: ® Calhoun County Clerk — April 2015 Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION APRIL 2015 PUBLIC DESC CIVIL CRIMINAL' RECORDS PROBATE TOTAL INTY CLERK FEES $ 316.00 $ 536.39 $ 12,593.55 $ 145.00 $ 13,590.94 SE'S EDUCATION FEE $ - $ 15.00 $ 15.00 3E'S ORDER/SIGNATURE $ 14.00 $ 14.00 RIFF'S FEES $ - $ 220.15 $ - $ 75.00 $ 295.15 JAL RECORDER FEE $ 30.56 $ 30.56 IRT REFPORTER FEE $ 90.00 $ 45.00 $ 135.00 ELLATE FUND (TGC) FEE $ 40.00 $ 15.00 $ 55.00 iNOLOGY FUND $ 53.63 $ 53.63 IRTHOUSE SECURITY FEE $ 40.00 $ 40.25 $ 478.00 $ 15.00 $ 573.25 IRT INITIATED GUARDIANSHIP FEE $ 60.00 $ 60.00 DRDS ARCHIVE FEE $ 4,605.00 $ 4,605.00 G & ALCOHOL COURT PROGRAM $ 112.18 $ 112.18 TRIAL DIVERSON AGREEMENT $ 397.90 $ 397.90 J LIBARY FEE $ 210.00 $ 105.00 $ 315.00 DRDSMANAGEMENT FEE - CO CLK $ 33.51 $ 33.51 DRDS MANGEMENT $ 80.00 $ 301.73 $ 4,675.00 $ 30.00 $ 5,086.73 ID FORFEITURE $ 350.00 $ 350.00 :S- COUNTY COURT $ 2,835.10 $ 2,835.10 FE POLICE OFFICER FEES $ 1.25 $ 1.25 ISOLIDATED COURT COSTS - COUNTY $ 102.69 $ 102.69 ISOLIDATED COURT COSTS - STATE $ 924.83 $ 924.83 G& ALCOHOL COURT PROGRAM - COUNTY $ 22.43 $ 22.43 G& ALCOHOL COURT PROGRAM - STATE $ 89.75 $ 89.75 FE ELECTRONIC FILING FEE $ 120.00 $ 60.00 $ 180.00 FE ELECTRONIC FILING FEE CR $ 62.05 $ 62.05 ,TRAUMA $ 189.91 $ 189.91 L INDIGENT FEE -COUNTY $ 4.00 $ 1.50 $ 5.50 L INDIGENT FEE -STATE $ 76.00 $ 28.50 $ 104.50', ICIAL FUND COURT COSTS $ 201.15 $ 201.15'', ICIAL SALARY FUND - COUNTY $ 8.05 $ 8.05 ICIAL SALARY FUND - STATE $ 72.42 $ 72.42 ICIAL SALARY FUND $ 252.00 $ - $ 126.00 $ 378.00 EPIC LOCAL $ 10.03 $ 10.03 H - STATE $ 106.20 $ 106.20 )RMAL MARRIAGES - STATE $ 25.00 $ 25.00'', ICIAL FEE $ 240.00 $ 120.00 $ 360.00 MAL MARRIAGES - STATE $ 360.00 $ 360.00 '.OSE COURT COST $ 0.58 $ 0.58 ''.. l REIMBURSEMENT FEE -COUNTY $ 5.38 $ 5.38 l REIMBURSEMENT FEE -STATE $ 48.26 $ 48.26 FE TRAFFIC FINE - COUNTY $ 5.02 $ 5.02 FE TRAFFIC FINE - STATE $ 95.33 $ 95.33 GENT DEFENSE FEE - COUNTY $ 2.69 $ 2.69 GENT DEFENSE FEE - STATE $ 24.15 $ 24.15 E PAYMENT - COUNTY $ 142.61 $ 142.61 E PAYMENT - STATE $ 142.61 $ 142.61 PORT LAVACA PD $ 70.86 $ 70.86 $ 1,818.00 $ 7,118.70 $ 22,842,75 $ 855.00 $ 32,634.45 TOTAL FUNDS COLLECTED $ 32,634.45 FUNDS HELD IN ESCROW: $ (2,330.00) AMOUNT DUE TO TREASURER: $ "`32,563.59 TOTAL FUNDS COLLECTED: $ '30,304.45 U:\O.REPORTSWONTHLYGREASURER REPORT@015.043015.TREASURER REPORTS i OF 2 CALHOUN COUNTY CLERK MONTHLY REPORT RECAPITUATION APRIL2015 CASH ON HAND, TRUST FUND BEGINNING BOOK BALANCE $ 53,068.80 FUND RECEIVED $ - DISBURSEMENTS $ (5,692.29) ENDING BOOK BALANCE $ 47,376.51 BANK RECONCILIATION TRUST FUND ENDING BANK BALANCE $ 51,266.51 OUTSTANDING DEPOSITS** $ - OUTSTANDING CHECKS** $ (3,890.00) RECONCILED BANK BALANCE $ 47,376.51 **see attached CERTIFICATES OF DEPOSITS HELD IN TRUST- IBC BANK CD'S 'i Datelssued s'. Balance Purchases Withdrawals Balance - 313112015 ` - 04/30/15 74925 $ 1,846.53 $ 1,846.53 49466 $ 19,642.10 $ 19,642.10 50863 2/2/2015 $ 3,500.00 $ 3,500.00 50871 2/2/2015 $ 3,500.00 $ 3,500.00 PENDING IBC $ 9,378.58 $ 9,378.58 PENDING IBC $ 9,378.58 $ 9,378.58 PENDING IBC $ 9,378.58 $ 9,378.58 TOTALS: $ 56,624.37 $ - $ - $ 56,624.37 Submi ed by: Anna M Goodman, County Clerk REPORM015.043015.TREASURER REPORTS 2 OF 2 APPROVAL OF PAYROLL: N/A APPROVAL OF BILLS: Commissioner Fritsch made a motion to pay Memorial Medical Center bills in the amount of $1,976,433.64, Nursing Home UPL Expenses in the amount $495,204,81, Nursing Home Inter -Government Transfer for April 2015 in the amount of $339,686.82, Indigent Healthcare Fund Expenses in the amount of $36,948.41 for a Grand Total of $2,848.273.68. Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Commissioner Fritsch made a motion to pay County bills in the amount of $504,700.17, Calhoun County Indigent Care in the amount of $36,948.41, (total transfers between funds in the amount of $36,948.81) for a Total Amount of $541,648.58, Commissioner Lyssy seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----- May 28, 2015 PAYABLES AND PAYROLL 4/1/2015 Weekly Payables $ 307,328.23 4/1/2015 Credit Card Payment 2,533.77 4/2/2015 Bank of the West -Equipment Finance 6,199.04 4/6/2015 McKesson Drugs 525.38 4/7/2015 Payroll 232,430.44 4/9/2015 Patient Refunds 11,530.51 4/9/2015 Weekly Payables 1,525.77 4/9/2015 Weekly Payables 184,550.61 4/13/2015 McKesson Drugs 1,256.37 4/14/2015 Payroll Liabilities 84,608.22 4/15/2015 Weekly Payables 315,811.60 4/15/2015 TCDRS 105,867.15 4/20/2015 McKesson Drugs 1,818.18 4/21/2015 Payroll 231,882.75 4/21/2015 Weekly Payables 75,454.81 4/21/2015 Payroll Liabilities 13.59 4/23/2015 Payroll 829.45 4/27/2015 Credit Card Payment 3,910.26 4/27/2015 McKesson Drugs 1,302.85 4/27/2015 Credit Card Payment 3,910.26 4/28/2015 Payroll Liabilities 83,905.26 4/30/2015 Weekly Payables 314,178.61 4/30/2015 Monthly Electronic Transfers for Payroll Expenses(not Ind above) 721.12 4/30/2015 Monthly Electronic Transfers for Operating Expenses 4,339.41 Total Payables and Payroll SUBTOTAL MEMORIALMEDICAL CENTER DISBURSEMENTS $ 1,976,433.64 $;1,976,433.64 NURSING HOME UPC EXPENSES $ 495,204.81 NURSING HOME INTER -GOVERNMENT TRANSFER FOR APRIL 2015 $ '339,686.82 INDIGENT HEALTHCARE FUND EXPENSES $ "36,948.41 GRAND TOTAL DISBURSEMENTS APPROVED CC May 28, 2015 $ 2,848,273sa MEMORIAL MEDICAL CENTER COMMISSIONERS COURT APPROVAL LIST FOR ----May 28, 2015 INDIGENT HEALTHCARE FUND: INDIGENT EXPENSES Adu Sports Medicine Clinic Community Pathology Associates William J. Crowley D.O. Michelle M. Cummins MD HEB Pharmacy Mau-Shong Lin MD Memorial Medical Center (Phys Fees- $998.8311P $16,905.57 / OP $7,711.101 ER $1,094.12) Port Lavaca Anesthesia Group Port Lavaca Clinic Assoc Radiology Unlimited PA Regional Employee Assistance Victoria Eye Center Victoria Professional Medical Victoria Surgical Associates SUBTOTAL Memorial Medical Center (Indigent Healthcare Payroll and Expenses) 186.92 29.14 386.86 394.46 412.00 79.62 26,709.62 120.34 676.53 239.25 80.00 134.45 264.64 306.60 30,020.43 6,927.98 TOTAL APPROVED INDIGENT HEALTHCARE FUND EXPENSES 36,948.41 **$400.00 in Co -Pays were collected by Memorial Medical Center in April May 28, 2015 2015 APPROVAL LIST - 2015 BUDGET 30 COMMISSIONERS COURT MEETING OF 05/28/15 BALANCE BROUGHT FORWARD FROM APPROVAL LIST REPORT PAGE 29 $ 358,816.88 ELECTION PAYROLL FOR DECEMBER 6, 2014 ELECTION P/R FICA P/R $ 41,468.66 MEDICARE P/R $ 9,698.32 FWH P/R $ 33,241.85 NATIONWIDE RETIREMENT SOLUTIONS P/R $ 2,805.48 OFFICE OF THE ATTORNEY GENERAL - CHILD SUPPORT P/R $ 1,005.69 TMPA P/R $ 336.00 UNITED WAY OF CALHOUN COUNTY P/R $ 12.00 WILLIAM E. HEITKAMP, TRUSTEE P/R $ 347.67 AT&T MOBILITY A/P $ 499.29 BOUND TREE A/P $ 151.13 CABLE ONE A/P $ 957.98 CARDMEMBER SERVICE - COUNTY A/P $ 1,934.56 CENTERPOINTENERGY A/P $ 1,704.50 CITY OF PORT LAVACA A/P $ 3,455.70 CPL RETAIL ENERGY A/P $ 90.81 CULLIGAN OF VICTORIA A/P $ 15.40 DEWITT POTH & SON A/P $ 275.00 KATHERINE DIETZEL A/P $ 24.40 OFFICE DEPOT A/P $ 99.99 PORT LAVACA CHEVY A/P $ 180.90 RHONDA S KOKENA A/P $ 106.68 TISD INC. A/P $ 654.92 TEXAS ASSOC. OF COUNTIES RISK MGMT. POOL (WORKERS' COMP) A/P $ 32,950.00 VERIZON SOUTHWEST A/P $ 2,240.81 VICTORIA MORTUARY A/P $ 1,550.00 VOYAGER A/P $ 10,075.55 TOTAL VENDOR DISBURSEMENTS: $ 504,700.17 CALHOUN COUNT' INDIGENT HEALTH CARE A/P $ 36,948.41 TOTAL TRANSFERS BETWEEN FUNDS: $ 36,948.41 TOTAL AMOUNT FOR APPROVAL: $ 541,648.58 ACCEPT DONATIONS TO CALHOUN COUNTY: N/A TRANSFERRING CERTAIN ITEMS OF COUNTY PROPERTY FROM ONE COUNTY DEPARTMENT TO ANOTHER COUNTY DEPARTMENT (SEE LIST): N/A DECLARE A 2001 TOWN & COUNTRY CHRYSLER VAN, VIN 32C4GP44371R423767 IN THE CALHOUN COUNTY SHERIFF'S DEPARTMENT AS SURPLUS, TO BE AUCTIONED OFF LATER THIS YEAR: Commissioner Lyssy made a motion to declare a 2001 Town & Country Chrysler Van, VIN 32C4GP44371R423767 in the Calhoun County Sheriff's Department as surplus, to be auctioned off later this year. Commissioner Fritsch seconded the motion Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY SHERIFF'S OFFICE 211 SOUTH ANN STREET PORT LAVACA, TEXAS 77979 PHONE NUMBER (361) 553-4646 FAX NUMBER (361) 553-4668 MEMO TO: MIKE PFEIFER, COUNTY JUDGE SUBJECT: SURPLUS VEHICLE DATE: MAY 28, 2015 Please place the following item(s) on the Commissioner's Court agenda for the date(s) indicated: AGENDA FOR MAY 28, 2015 • Consider and take necessary action on 2001 Town & Country Chrysler Van, VIN 32C4GP44371R423767 to put to salvage/surplus, to be auctioned later this year. Sincerely, George Aleman Calhoun County Sheriff DECLARE CERTAIN ITEMS OF COUNTY PROPERTY AS SURPLUS/SALVAGE: N/A BUDGET ADJUSTMENTS: Commissioner Fritsch made a motion to approve the budget adjustments. Commissioner Finster seconded the motion. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. 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U) h =F Z Z W =a Z Z c�aNm fA fq = � o N _ N _ j =h tL = Z 0 0 =W = Y� IL tY =H =Z =W = 0: =a =_a =W =0 =0 =Z r. i ( §v\{ ) ■■/` ) b»^ o �} j§ �■a; jk ■§a; § ) §§ j ) § § a \ ( ° �/ t < )z ` z g\ % % o _ §§ §q[ )� k ] � % (2 z )Lu Ll §o o - @Z ( )B ° ■ \z k B R/ §3 ; a \§ - §§ § w !« % § LU ■ k §/) � \ k r. SINGLE SOURCE, EMERGENCY AND PUBLIC WELFARE PURCHASES AND BILLS: N/A EXECUTIVE SESSION: The Commissioners Court shall go into Executive Session, if necessary, as authorized by Texas Government Code Chapter 551.071 to seek the advice of its attorney about pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. Subject to be discussed is Olivia Haterius Park. Executive Session began at 10:35 A.M. Executive Session recessed at 11:13 A.M. Susan Rile From: Neil Fritsch <neil.fritsch@calhouncotx.org> Sent: Thursday, May 21, 20158:24 AM To: Susan Riley; Judge Mike Pfeifer Cc: Shannon Salyer Subject: Executive Session Please place an Executive Session on Commissioners Courf agenda for May 28, 2015, to discuss possible litigation over a prescriptive easement issue at Olivia Haterius Park. Any questions, please ask. Neil E. Fritsch Commissioner Calhoun County, Precinct 3, and Past President, South Texas County Judges and Commissioners Association 24627 State Hwy 172 Port Lavaca, Texas 77979 361-893-5346- Office 361-893-5309-Fax neil.fritsch@calhouncotx.org i TAKE ANY NECESSARY ACTION CONCERNING MATTERS DISCUSSED IN EXECUTIVE SESSION: No action necessary PUBLIC DISCUSSION OF COUNTY MATTERS: N/A COURT ADJOURNED AT 11:16 A.M.