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2003-06-16 PRESENTATION BY TEXAS STATE LAND COMMISSIONER Texas General Land Commissioner, Jerry Patterson, and his representatives of office, Tom and Ne~ll, were present to address the Court. e State Land Commissioner Patterson stated the point he would like to make is that in the coming biennium, we lost about fifty per-cent of our money for coastal renourishment and coastal erosion per ClAP. He asked if the Calhoun County project was a ClAP project. He said we have taken a substanial hit but were able to save some m~ney. His mission over the next eighteen months is to f~nd another way to fund ClAP other than GP. One proposal was to use a percentage of hotel/motel sales tax in c~asta~ jurisdictions. He has looked at tapping into the o~l sp~ll.cleanup fund and has starting doing this. We need to f~nd another way to fund ClAP. The problem is the coastal counties and coastal delegations understand that but the other Texas counties don't. We need to make this a State economic development issue; a State revenue issue. e Land Commissioner Patterson said he would be visiting with the Court over the next eighteen months and with Senator Armsbrister and others to find new ways to fund coastal erosion in Texas. He will also be calling to ask for ideas. Judge Pfeifer said, today, we drove toward Port O'Connor from Indianola and came upon Powderhorn Lake. The Port O'Connor Ranch recently sold to an individual from San Antonio and has been subdivided into smaller ranches. He is having some of the property surveyed with a State sUrve~or being involved. What they are establishing is the d~fference between privately owned land and State land. He said he talked to the G&W surveyor and they are going down into the water. The grass that grows into the water they are claiming as privately owned land now. People wade fish and duck hunt there; this could be a large concern. Land Commissioner patterson said this is bay property. There is a difference between bay and beach. In beach, ownership changes based upon the high water mark; essentially the wet beach. On bay side pro~erty, you can define the ownership by metes and bounds, ~f it is private ownership. There are two different theories of law; one has to do with beaches and the other has to do with submerged areas. He will have someone from his legal department give this information to the Judge. Judge Pfeifer said the survey will be filed in the General Land Office - distinguish between private land and State land. Commissioner Patterson said the State is very interested in mineral ownership of submerged lands. Judge Pfeifer mentioned the "purple law." Commissioner Patterson said he would have someone contact the Court later in the week with details. A State surveyor is the only person authorized to do a survey on State land and make this determination. e Commissioner Finster said the contact person with G&W Engineers is Elton. He asked who are the enforcing agencies who oversee that someone is not encroaching on State land versus ~rivately owned land. Commissioner Patterson said it ~s the General Land Office and the Attorney General. Judge Pfeifer said he was told, like those sloughs that go up into Powderhorn, there is actually a channel. That is the only thing that is going to be left as far as State land. Neill, with the State Land Commission Office, said a waterfront property owner's property goes by the deed; an original deed holds up for all time. He said Parks and wildlife Department changed the law a few year ago. It is now a federal offense to have a gun on State land. There is a loss of revenue for 725 hunting and fishing. Commissioner Galvan asked if Calhoun County's beaches were being monitored for recreational purposes. Judge Pfeifer said they were and named the beaches. The re~ort goes to the State Health Department. He receives a l~st of the beaches which will be nonitored. Commissioner Finster asked if ClAP grants are still available. Land Commissioner Patterson said the matching requirements have changed and listed them. His focus is puttin~ sand on beaches and maintenance and renour~shments. ClAP money will be tight for the next two years; though some projects will be carried forward. Commissioner Finster said NOAH money is a real problem on one of our projects. Deputy Sheriff Daigle discussed the parkin~ problem at Port O'Connor boat ramp area and wondered ~f the State could release land for parking. Land Commissioner Patterson said the federal money is all gone but could possibly come back. CP and CF money could be used for parking. Commissioner Finster said property in Port O'Connor is very expensive and suggested it be handled like Swan Point with the General Land Office. Commissioner Patterson said they were here to help. Tom, with the State Land Commission Office, will be the point of contact for that. The Court thanked them for coming. MEMORIAL MRTllCAL PLAZA - LEASBS AND/OR CONTRACT AGREEMENTS Attorney Ty Zeller said he needed direction from the Court as to leases and/or contract agreements at Memorial Medical Plaza. There are thirty-five leases in the Plaza but a half of them are not paying. Gulf Bend is not paying. The bottom line is, a lot can be eliminated and asked which leases the Court wanted to protect. He wanted to get the agreements in writing. He suggested the YMCA be kept as well as the dialysis department. commissioner Galvan said if the dial~sis department has to pay rent, they will have to get r~d of it and said he was told it would cost a half million dollars to move it to the hospital. Mr. Zeller stated he has to know what leases to protect and on what terms before this is advertised. The more restrictions you have, the more the price will go down. Judge Pfeifer said there is some confusion as to how many square feet each entity has; this needs to be established. Mr. Zeller said he has the old leases. He wanted to know which leases to save. e e Judge Pfeifer said the YMCA and dialysis department and possibly the barber shop; all to be done with written leases. As we don't know if we are going to sell the mall, they will be month-to-month leases. We need to protect the YMCA for a couple of years. Mr. Zeller said a buyer will buy subject to that lease. Judge Pfeifer said Susan, at the YMCA, said they want to build a facility in about two years. Commissioner Balajka said they are the ones he would want to protect for a longer period of time. Commissioner Galvan said if you look at good will we are losing about $30,00 a month because of the bond. 'Judge Pfeifer wasn't sure if we are going to refinance the bond. Mr. Zeller said, if you sell it, you have to. Judge Pfeifer said the restriction about the 10% will be null and void. Mr. Zeller said Mr. Currier told him, if the restriction was gone, he could make it ~ay. Judge Pfeifer said, in the meantime, we need leases w~th all in the Plaza. Commissioner Galvan su~gested we check with the hospital and lift the restrict~on. e 7iZ6 e A Motion was made by Commissioner Galvan and seconded by Judge Pfeifer to establish leases with all entities in the Memorial Medical Plaza on a month-to-month basis and with the YMCA for a two year lease and with Dialysis for a two year lease. Commissioners Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. EXECTOTIVE SESSION - CONSULT WITH ATTORNEY - CONSTRUCTION OF A NEW COUNTY JAIL The Court, being in open session, the County Judge, as presiding officer, publicly announced that Commissioners' Court would go into a closed meeting as authorized by Vernon's Texas Codes Annotated, Government Code, Chapter 551 Subchapter D. The specific seeton of the Government Cod~ permitting discussion/deliberaton in Closed Meeting is Section 551.072 which authorizes a government body may conduct a closed meeting to deliberate the purchase, exchange, lease, sale or value of real property i~ deliberation in an open meeting would have a detr~mental effect o~ the ~osition.of the governm~ntal body.in negotiat~ons w~th a th~rd party. Def~ne potent~al property requirements and availability for construction of a new jail. The Judge further publicly announced that before any final action, decision, or vote is made regarding the subject matter of said closed session, this meeting would be reopened to the public. The Court then went into closed session at 3:40 P.M. The Judge reopened the meeting to the public at 3:47 P.M. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the Resolution Letter as written, which was read by the Count~ Judge, and authorize the County Judge to sign same. Comm~ssioners Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. e ORDER NO. THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ AN ORDER OF THE COMMISSIONERS COURT OF THE COUNTY OF CALHOUN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE BLOCK 42 AND LOTS 7 AND 8 OF BLOCK 43, ORIGINAL TOWNSITE OF PORT LA V ACA, CALHOUN COUNTY, FOR THE PURPOSE OF CONSTRUCTING A COUNTY COURTHOUSE AND JAIL; AUTHORIZING THE COUNTY'S ATTORNEY TO NEGOTIATE THE PURCHASE OF THE PROPERTY; AND AUTHORIZING THE COUNTY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE UNSUCCESSFUL. e WHEREAS, the Conunissioners Court has determined that current conununity needs necessitate the expansion of the current courthouse/jail facilities to serve both the current and future residents of the County; and WHEREAS, the Conunissioners Court has determined that the planned improvements encompass Block 42 and Lots 7 and 8 of Block 43, Original Townsite of Port Lavaca, Calhoun County; and 727 WHEREAS, the County, contacted the owners of the Property, and attempted to negotiate for the acquisition of the property; and e WHEREAS, the negotiations have been unsuccessful; and WHEREAS, the County has been unable to reach an agreement with the Property owners, the County Attorney has recommended that the County institute condemnation proceedings to acquire the Property; and WHEREAS, the Commissioners Court has determined that the Property should be acquired by condemnation, if necessary; and WHEREAS, the Commissioners Court has authorized the County Attorney to acquire the Property through the County's power of eminent domain by instituting condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED THAT THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS: Section 1. Finds all of the above premises to be true and correct legislative and factual findings of the Commissioners Court, and they are hereby approved and incorporated into the body of this Order as if copied in their entirety. Section 2. The Commissioners Court hereby authorizes the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. ("County Attorney"), to continue to negotiate on behalf of the County to purchase Block 42 and Lots 7 and 8 of Block 43, of the original Townsite of Port Lavaca, Calhoun County, described in this Order. e Section 3. The Commissioners Court hereby authorizes the County Attorney to immediately institute condemnation proceedings to acquire the Property. BE IT SO ORDERED. Adopted on ~LVY\L I ~ tt ,2003. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS By/Mh.:L /~~ MICHAEL PFEIF ,C nty Judge ATTEST: ANITA FRICKE, County Clerk By:(~tll~ ~ .,;t"~\i . J . '. , .:,~-.":~ ;' ~~/'l~y;.:;,.. .\~~y,,/' ':I,'()Ij)gj" e '728 ~~~iS~I~~~I~s~g ~~002 - COVERAGE FOR e Judge Pfeifer stated he received a FAX of the policy for Airport Liability on June 11. They wanted a reply by June 14. The Airport liability coverage costs $2000 a year. They wanted an increase by $5000 a year for the terriorism. He renewed the $2000 policy but didn't go for the terrorism. He said if the Court wanted this coverage, to go with it today. Commissioners Galvan and Balajka stated to leave it as it is. Commissioner Finster agreed. THE COURT AOJOORNlID AT 3:55 P.M. REGULAR JUNE TERM HELD JUNE 26, 2003 THE STATE OF TEXAS S S COUNTY OF CALHOUN S e BE IT REMEMBERED, that on this the 26th day of June, A.D. 2003 there was begun and holden at the 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 Michael J. Balajka H. Floyd Kenneth W. Finster Shirley Foester County Judge Commissioner,Pct.l Commissioner,Pct.2 Commissioner,Pct.3 Commissioner,Pct.4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance. APPROVAL OF MINUTES A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the Minutes of June 12, 2003 and June 16, 2003 be approved as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Michael J. Pfeifer County Judge H. Floyd Commissioner, Pet. 3 e Roger C. Galvan Commissioner~ Pet. 1 Kenneth W. Finster Commissioner, Pet. 4 Michael J. Balaj ka Commissioner, Pet. 2 Shirley Foester Deputy County Clerk 729