2002-09-26
2003 CALHOUN COUNTY BUDGET - AMENDMENT. APPROVAL AND
ADOPTION
A Motion was made by commissioner Balajka and seconded by
Commissioner Galvan that the Waste Management Department
Maintenance salary in the amount of $26,766. that was
deleted in the 2003 Budget filed in the County Clerk'a
office be reinstated with all benefits applicable thereto.
(The budget to be the same as it was for 2002 and an
amendment to be filed concerning uniforms.)
An Amendment to the Motion was made by Commissioner
Finster and seconded by Commissioner Galvan that this
position not be filled once it becomes vacant.
commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
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Vote on the Main Motion: Commissioners Galvan, Balajak,
Floyd, Finster and Judge Marshall all voted in favor.
A Motion was made by Commissioner Galvan and seconded by
Commissioner Floyd to adopt the 2003 Calhoun County Budget
as filed with the County Clerk. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
TAX RATE SET FOR YEAR 2003
A Motion was made by Commissioner Floyd and seconded by
Commissioner Galvan that the 2002 tax be collected
beginning October 1, 2002 and becoming delinquent on
February 1, 2003 and that the tax rate for 2003 be set at
39.70 cents for operating and maintenance fund general
fund and 2.74 cents for debt service fund for a total of
42.44 cents. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Marshall all voted in favor.
EXHIBIT BUILDING AT FAIRGROUNDS - APPROVE BID
SPECIFICATIONS FOR ROOF REPAIRS AND ADVERTISE FOR BIDS
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Mr. Janda with G&W Engineers,Inc., recited the things to
be replaced or repaired on the Bauer Exhibit Building
roof at the Fairgrounds. .
A Motion was made by Commissioner Floyd and seconded by
Commissioner Galvan to a~prove the bid specifications for
roof repair to the Exhib~t Building at the Fair~rounds and
autliorize the County Auditor to advertise for b~ds to be
opened October 17, 2002 and considered by the Court on
Oc~ober 24, 2002. Commissioners Galvan, Balajka, Floyd,
Finster and Judge Marshall all voted in favor. .
LIABILITY INSURANCE FOR EMS MEDICAL DIRECTOR
Henry Barber said Dr. Bunnell's insurance company will not
extend his coverage as medical director of EMS and Calhoun
County's new policy will not cover him. He asked the
Court to determine what action should be taken.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Galvan to authorize the County Auditor to
solicit information for proposals regarding liability
insurance coverage for the EMS medical director.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
GENERAL DISCUSSION - ROAD SIGNS POSTED BY FIRE DEPARTMENTS
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Magnolia Beach Volunteer Fire Department members exhibited
a road sign which states "Be Extra Careful" and may be
changed to "Burn Ban in Effect" which may be ~urchased
from the Forest Service at $65 each. Commiss~oner Balajka
reque~ted this be place on a later agenda for adoption by
all f~re departments.
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EMERGENCY MEDICAL SERVICES - CONTRACT FOR REIMBURSEMENT
FROM MEMORIAL MEDICAL CENTER AND PORT LAVACA NURSING AND
REHABILITATION CENTER
_
Henry Barbar, EMS Director, requested permission from the
Court to pursue initiating a reimbursement contract with
Memorial Medical Center and Port Lavaca Nursing and
Rehabilitation Center. EMS will bill MMC for the types of
patients which previously had to be written off.
A Motion was made by Commissioner Floyd and seconded by
Commissioner Bala~ka to authorize Henry Barber, EMS
Director, to init1ate reimbursement contract discussions
with the appropriate personnel of Memorial Medical Center
and Port Lavaca Nursing and Rebhabilitation Center and
report back to the Court. Commissioners Galvan, Balajka,
Floyd, Finster and Galvan all voted in favor.
WELDER FLATS ROAD IN PRECINCT #4 - ACCEPT INTO COUNTY ROAD
SYSTEM
Commissioner Finster informed the Court that John Welder
has executed a deed to the County on 9/10 mile
right-of-way from the end of Lane Road to Charlie's Fish
Camp in Port O'Connor, Precinct #4 which will be reorded
in the Official Records of Calhoun County.
A Motion was made by Commissioner Finster and seconded by
Commissioner Balajka to accept Welder Flats Road into the
Calhoun County road system. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in
favor. (The private road with the same name will be
re-named. )
GENERAL WARRANTY DEED
THE STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF CALHOUN ~
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THAT SEA-DAN RANCHES, LTD., a Texas limited partnership, acting by and through
its undersigned general partner, of Victoria Comty, Texas, hereinafter called Grantor, for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
cash to us in hand paid by the COUNTY OF CALHOUN of the State of Texas, hereinafter called
Grantee, the receipt and sufficiency of which consideration is hereby acknowledged, have
GRANTED, BARGAINED, SOLD AND CONVEYED, and by these presents do GRANT,
BARGAIN, SELL AND CONVEY mto the said Grantee, all that certain tract ofland situated in
Calhoun Comty, Texas and described on the Exhibit "A" attached hereto and made a part hereof.
Grantor expressly excepts from this conveyance and reserves mto the present owners
thereof, their heirs, successors, personal representatives and assigns, all.of the oil, gas and other
miner~s lying in, on and mder the above described 'property, subject to all prior reservations,
leases, conveyances, and other severances of such oil, gas and other minerals.
Grantor further reserves mto Grantor, its successors and assigns, the right and easement
of right of way to bore mder such property and the road located thereon for the purposes of
installing subsurface conduits, pipes, culverts and similar structures as Grantor may deem
necessary beneath the road on such property; provided, however, that such boring and
installation shall be performed so as not to damage or disturb the surface of the property or the
road located thereon or impair the usefulness of the road.
_
This conveyance and the warranty made in connection herewith are expressly made
subject to all easements, restrictions, covenants, rights of way, any discrepancies, conflicts or
shortages in area or boundary lines, and valid and subsisting interests resulting from prior
severances or reservations of the oil, gas and other minerals and leases thereof appearing of
record in the office of the County Clerk of Calhoun Comty, Texas; all applicable statutes and
ordinances; and all taxes for the year 2002 and all subsequent assessments for prior years due to
change in land usage or ownership.
127
TO HAVE AND TO HOLD the above described and conveyed lands and premises,
together with all and singular the rights, improvements and appurtenances to the same in any
manner belonging, incident or appertaining unto the said Grantee, its successors and assigns,
forever.
And Grantor does hereby bind itself, its successors and assigns to warrant and forever
defend all and singular the above described and conveyed real property unto the said Grantee, its
successors and assigns, against the claim or claims of every person whomsoever lawfully
claiming or to claim the same or any part thereof.
~"~C' .~~.... ... t' /J, ~ -4z
DA.c Li l.cu uUS He ~ uay 01 "
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,2002.
SEA-DAN RANCHES, LTD.
By: Sea-Dan, LLC, its General Partner
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STATE OF TEXAS S
COUNTYOF Ule-roI2JA:. s
,This instrument was acknowledged before me on n~ 17 ,2002, by John J.
Welder, V, as President of Sea-Dan Ranches, Ltd. arid as ~mber of Sea-Dan, LLC, General
Partner of Sea-Dan Ranches, Ltd., on behalf of said company.
'~"<l' SHIRLEY R FOX
R(.J;,.\f'J NOTARY PUBLIC
~~:: State 01 Texas
~!~comm. Exp. 05-14-2005
STATE OF TEXAS
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COUNTY OF
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This instrument was acknowledged before me on , 2002, by Jane
Welder Robb, as a member of Sea-Dan, LLC, General Partner of Sea-Dan Ranches, Ltd., on
behalf of said company. ~ c:vc:r ~
Notary Public, State of Texas
128
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STATE OF TEXAS ~
\ -
COUNTYOF I)\f~ ~
This instrum~nt was acknowledged before m~ un -b \ /i:l, ,2002, by Katl:leen
Welder Carey, as a member of Sea-Dan, LLC, General, artne of Sea-Dan Ranches, Ltd., on
behalf of said company.
:m~~1-'4 L~
Notary . hc, State of Texas
A~.:"\ MARY LOUISE SCHROEDER
:"\.~ /*; MY COMMISSION EXPIRES
\~.:\ii/ March 26, 2005
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CALIFORNIA ACKNOWLEDGMENT
, State of CalIfornia, County of Son.oma
On 8'"~,;2 -0 .:before me: Kimberly A. Muehl, Notary Public personally appeared .
""" ' Jcz-:n~ a/uJm,-. ,eM
, ., , r~roved to me on the basis of satisfactory evidence to bethe personW'
whose nam'>(stls/anl"Subscrlbed t9the within instrument and'acknowledged to me that Refshe/~
' executed the same IrHlisfher /tfolefr authcrlzed capacityiieSt"and that by hls-/her /tRsJr.slgnatureM" on .
the instru'ment the person(M or the ,entity upon behaif 0/ wnlch the personffiracted, executed the '
Instrument.. . ,
li'@' OFR~"SEAL-'22"" Il
-r:'. KIMBEAlY A. MUEHL" Z
5 I .; NotARY PUBUC. CAUF. ~
Z " COUNTY Of' SONOMA .:.
'11 MyComm, Exp.June12,ZOO3lt
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Witness my Hand and OffiqiaJ Saai
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./ndtvldual . _Attorney In Filet . --.l. ~ruate8(s}
. uardlan/Canservator . Partnar(s) General. Wmlted"
"~Corporat80fflcers " -----: "- -:--
-:-- This Form must be attached to the document described above. .
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STATE OF TEXAS
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COUNTY OF IILlt""j7(S ~
This instrument was acknowledged before me o~~ Z S- , 2002, by Elizabeth
Welder Morgan\\~lltlffiember of Sea-Dan, LLC, Genera P er of Sea-Dan Ranches, Ltd., on
behllifofs"~~~~?~~
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GRANTEE'S MAILlNG ADDRESS:
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O~liC, State of Texas
P.O. Box 177
Seadrift, Texas 77983
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A FIELDNOTE DESCRIPTION FOR
1.305 ACRES OF LAND
THE STATE OF TEXAS ~
COUNTY OF CALHOUN ~
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BEING a 1.305 acre tract of land partially situated in the Eustagino Cantu League,
Abstraact 6 and partially situated in the Basilio Maldonado League Abstract 26 both in
Calhoun County, Texas, said 1.305 acre tract of land being a portion of Section 7 Block D
of the Calhoun Cattle Company's Subdivision of the Port O'Connor Pasture and being
out of that 8044.48 acre tract of land (Tract I) conveyed to John J. Welder from Lela
Welder Cliburn by Exchange Deed dated August 20, 1980 and recorded in Volume 333
Page 76 of the Deed Records of Calhonn Connty, Texas, said 1.305 acre tract of land
being more fully described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod set in the Southwest right-of-way line of Lane Road,
said iron rod bears S. 270 57' 32" E:, a distance of 10,049.33 feet from an existing corner
post in said Southeast right-of-way line of Lane Road marking the intersection of the
North line of Section 6 of said Block D and the Southwest right-of-way line of Lane
Road, said iron rod arid PLACE. OF BEGINNING also being the most Northeastern
comer of the herein described tract;
THENCE, S. 270 57' 32" E., a distance of 60.06 feet along said Southwest right-of-way
line of Lane Road to a 5/8 inch iron rod set for the most Southeastern corner of the herein
described tract;
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THENCE, S. 590 34' 12" W., a distance of 945.80 feet to a 5/8 inch iron rod set for the
most Southwestern corner of the herein described tract;
THENCE, N. 30025' 48" W., a distance of 60 feet crossing the end of a pave travel way
to a 5/8 inch iron rod set for the most Northwestern corner of the herein described tract;
THENCE, N. 590 34' 12" a distance of 948.39 feet to the PLACE OF BEGINNING.
Containing within these metes and bonnds 1.305 acres of land. (The tops of all 5/8 inch
iron rods set were wrapped with red filament tape). Bearings were based on a G.P.S.
survey using. rexas South Central Zone 1927 datum.
I hereby certily that the above fieldnote description was based on a G.P.S survey made in
June 200 I and staked on the ground in June 2002.
~ 1I.~;::;~--
MILTON D. BLUHM
Registered Professional Land Surveyor
Texas Registration No. 4196
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DATED: June 20, 2002
MOB/cpO 1267Afn.wps
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MENTAL HEALTH AND CHEMICAL DEPENDENCY HEARINGS -
INTERLOCAL AGREEMENT WITH KERR COUNTY
A Motion was made by Commissioner Finster and seconded by
Commissioner Floyd to renew the Interlocal Agreement with
Kerr County to hold court hearings for Mental Health and
Chemical De~endency and authorize the County Judge to
sign. Comm~ssioners Galvan, Balajka, Floyd, Finster and
Judge Marshall all voted in favor.
STATE OFTEXAS S
S
COUNTY OF KERR ~
INTERLOCAL AGREEMENT FOR MENTAL HEALTH, MENTAL
RETARDATION AND CHEMICAL DEPENDENCY COMMITMENT
HEARINGS AND PSYCHOACTIVE MEDICATION HEARINGS AT
KERRVILLE STATE HOSPITAL
This agreement is entered into on this the _ day of ,
2002, pursuant to the terms of Chapter 791, Texas Government Code (the Interlocal
Cooperation Act), by and between the Commissioners' Court of
Calhoun County, Texas, hereinafter
" r:ol1rUjTln rmmt-y ." and the Commissioners' Court of Kerr County,
Texas, hereinafter "Kerr," for the purpose of providing certain services relating to mental
health, mental retardation and chemical dependency commitment hearings as well as
certain services relating to psychoactive medication hearings for residents of
Calhoun County, Texas at the Kerrville State Hospital,
Kerrville, Kerr County, Texas.
WHEREAS, Calhoun County, Texas, on occasion
has residents who are in need of court-ordered mental health services, mental retardation
services and court-ordered chemical dependency treatment available, by commitment to
the Kerrville State Hospital, as well as residents who are. patients at Kerrville State
Hospital and are in need of administration of psychoactive medication; and
WHEREAS, Chapter 571 (General Provisions), Chapter 573 (Emergency
Detention) and Chapter 574 (Court-Ordered Mc;ntal Health Services) of the Texas Health
and Safety Code, hereinafter "Code," recite the statutory scheme whereby court-ordered
mental health services may be provided for those. persons who meet the criteria therein set
out; and
WHEREAS, Chapter 462 (Treatment of Chemically Dependent Persons) of the
Code recites the statutory scheme whereby' court-ordered treatment for chemical
dependency may be provided for those persons who meet the criteria therein set out; and
WHEREAS, Chapter 593 (Admission and Commitment to Mental Retardation
Services) of the Code recites the statutory scheme whereby mental retardation services
may be provided for those persons who meet the criteria therein set out; and
WHEREAS, Chapter 574, Subchapter G (Administration of Medication to Patient
Under Order for Inpatient Mental Health Services) of the Code recites the statutory
scheme whereby patients receiving court-ordered mental health services and patients for
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whom an application has been filed for such court-ordered mental health services, may be
administered psychoactive medications against their will; and
WHEREAS, S 574.001 (b) of the Code provides that an application for court-
ordered mental health services must be filed with the county clerk of the county in which
the proposed patient:
(J) resides;
(2) is found; or
(3) is receiving mental health services by court order or under Subchapter A,
Chapter 573 (~ 573.001) of the Code (Apprehension by a Peace Officer
Without a Warrant); and
WHEREAS, S 574.061 of the Code provides that a request to modifY an order for
inpatient treatment and S 574.062 of the Code provides that a motion for modification of
an order for outpatient treatment must be with the judge of the court that entered the order
sought to be modified; and
WHEREAS, ~ 462.062 (b) of the Code provides that an application for court-
ordered treatment of chemically dependent persons must be filed with the county clerk of
the county in which the proposed patient:
(t) resides;
(2) is found; or
(3) is receiving treatment services by court order or under ~ 462.041 of the Code
(Apprehension by a Peace Officer Without a Warrant); and
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WHEREAS, ~ 593.041 (b) of the .Code provides that an application for court-
ordered mental retardation services must be filed with the county clerk of the county in
which the proposed patient:
(1) resides; and
WHEREAS, ~ 574.104 (a) of the Code provides that a physician, who is treating a
patient who is receiving mental health services under an order for temporary or extended
mental health services under ~~ 574.034 or 574.035 of the Code or for whom an
application for court-ordered mental health services under s~ 574.034 or 574.035 of the
Code has been filed, may file, with the probate court or a court with probate jurisdiction,
an application for an order to authorize the administration of a psychoactive medication;
and
WHEREAS, both Calhoun County and Kerr County
have jurisdiction over such proceedings where the proposed patient is a resident of
Calhoun County and
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(1) is found in Kerr County;
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(2) is receiving court-ordered mental health services, court-ordered mental
retardation services or treatment for chemical dependency at the Kerrville
State Hospital in Kerr County; or
(3) is brought to the Kerrville State Hospital by a peace officer without a warrant
under the provisions of SS 462.041 or 573.001 of the Code; and
WHEREAS, Kerr County has jurisdiction over proceedings under Chapter 574,
Subchapter G of the Code (Administration of Medication to Patient under Order for
Inpatient Mental Health Services) in which a physician treating a patient at the Kerrville
State Hospital, which patient is receiving mental health services under an order for
temporary or extended mental health services under SS 574.034 or 574.035 of the Code or
for whom an application for court-ordered mental health services under SS 574.034 or
574.035 of the Code has been filed; and
WHEREAS, given the time constraints set out in the Code, and the difficulty and
expense of transporting patients, hospital employees, witnesses, judges, magistrates and
attorneys to and from Calhoun County for such hearings, it
is impractical for Calhoun County to hold hearings to
determine existence of probable cause for protective custody orders, as well as hearings
on applications for temporary mental health services, hearings on applications for
extended mental health services, hearings on applications for renewal of an order for
extended mental health services, hearings on applications for court-ordered chemical
dependency treatment, hearings on applications for renewal of an order for court-ordered
chemical dependency treatment, hearings for modification of order for inpatient
treatment, hearings for modification of order for outpatient treatment, hearings on
petitions seeking an order to authorize the administration of a psychoactive medication to
certain patients at the Kerrville State Hospital and hearings on petitions for
reauthorization or modification of a court order authorizing the administration of a
psychoactive medication to certain patients at, the Kerrville State Hospital, within the
geographical confines of Calhoun County; and
WHEREAS, Calhoun County finds that the most
appropriate, safe and expeditious site for said hearings is the Kerrville State Hospital in
Kerrville, Kerr County, Texas, and desires that the aforementioned hearings concerning
citizens of said County be held by the proper K.err County, Texas judicial officer with
jurisdiction over such matters within Kerr County and further desires that at the
aforementioned hearings concerning citizens of said County, the interests of the State and
the Kerrville State Hospital be represented by the Kerr County, Texas prosecutor charged
with said responsibility and further desires that at the aforementioned hearings concerning
citizens of said County, the interests of said citizens of said County be represented by an
attorney appointed by the judicial officer aforementioned; and
WHEREAS, the public health, safety and welfare of the citizens of both counties,
and of the proposed patients would be best served by entering into this "Interlocal
Agreement For Mental Health, Mental Retardation And Chemical Dependency
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Commitment Hearings And Psychoactive Medication Hearings At Kerrville State
Hospital" hereinafter referred to as "Interlocal Cooperation Agreement" pursuant to the
authority granted by Chapter 791 of the Texas Government Code (the Interlocal
Cooperation Act);
NOW THEREFORE, be it resolved that Calhoun
County and Kerr County agree to enter into this Interlocal Cooperation Agreement, and
the parties agree as follows:
~ 1. TERM
1.1 This agreement is to be effective on the date that it is approved by order of the
cornmissioners' court of each county, and is to end on September 30, 2003, unless
renewed by mutual orders of the respective commissioners' courts for subsequent
one-year terms, beginning on October 1st and ending on September 30th of each
contract period.
1.2
To renew this agreement, Calhoun County shall forward a
request to the County Clerk of Kerr County requesting a statement of proposed
costs for the next budget year. If said statement of costs is acceptable,
Calhoun County shall forward a certified copy of the order
renewing this agreement to the County Judge of Kerr County prior to August 15th
of the budget year preceding the renewal period or at a later date upon the
agreement of the parties, if circumstances so warrant. .
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1.3 Kerr shall either accept or decline the offer to renew by formal order of the
commissioners' court and 'Shall forward a certified copy of said order to the
County Judge of Calhoun County on or before
September 1 st of the budget year preceding the renewal period or at a later date
upon the agreement of the parties, if circumstances so warrant.
1.4 Either party may cancel this agreement for any reason by notifying the other in
writing at least thirty (30) days prior to the effective date of the cancellation. All
amounts due and owing to Kerr County pursuant to this agreement as of the
effective date of cancellation shaIJ be paid by
Calhoun County within sixty (60) days of the receipt
of any bill or the date of the cancellation, whichever is later.
9 2. DEFINITIONS
2.1
"Resident" as that term is used herein shall have the same meaning as that term
has been defined in the Indigent Health Care Act and as that term has been applied
and construed by the Courts.
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93. FUNDING REQUIREMENTS
3.1
Calhoun County agrees that all funds due under the
terms of this agreement shall be payable out of current revenues and that it shall
set aside a fund in an amount sufficient to satisfy any obligation created by this
agreement.
3.2 Any order of the Commissioners' Court of Calhoun
County which renews this agreement shall be deemed to be a certification that the
obligation incurred by the renewal shall be payable out of current revenues and
that Calhoun County has or will set aside a fund in an
amount sufficient to satisfy any obligation created by this agreement.
94. DUTIES OF KERR COUNTY
4.1 Kerr County agrees that it will assume jurisdiction over all court-ordered mental
health proceedings, mental retardation proceedings, chemical dependency
treatment matters and all psychoactive medication hearings which conceID
residents of Calhoun County that are properly filed in
or transferred to the Kerr County Court with jurisdiction.
4.2
Kerr County shall have no duty to accept jurisdiction or proceed with any court-
ordered commitment or treatment proceeding where the terms of this contract
have not been complied with, including the terms concerning the duty of
Calhoun County to make payment to Kerr County for
the costs as set out herein, for all hearings which involve its residents.
4.3
It is understood and agreed that pursuant to SS 462.004 ani:l571.016, of the Code,
the Kerr County Attorney or his properly-assigned designee is the attorney for the
State in any hearing covered by this agreement and therefore retains all of the
independent discretionary authority given by the statutes and Constitution of the
State of Texas. This agreement shall not be construed to limit that authority in
any form or fashion and the decision of the County Attorney is final as to whether
the State will proceed in any action covered by this agreement, including appeal,
and as to the means and methods employed.
S5. DUTIES OF
COUNTY
CALHOUN
5.1 Calhoun County agrees and warrants that it will
follow all appropriate statutory procedures and shaI1 implement such other
procedures and training necessary to ensure that no violation of the constitutional
and statutory rights of any proposed patient occurs and that in seeking the
commitment of the proposed patient, no person from
Calhoun County will be referred to the Kerrville
State Hospital unless the proposed patient has been evaluated and examined by a
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qualified mental health professional or a physician; a certificate has been properly
issued; the patient has been warned of the non-confidentiality of the interview of
the qualified mental health professional or physician; and that all other necessary
steps have been taken to assure that the proposed patient's constitutional and
statutory rights have been preserved.
5.2 Should any Calhoun County resident who was
detained under the authority of the emergency detention provisions of 9S 573.001,
573.012 or 462.041 of the Code be found to be entitled to release,
Calhoun County shall pay the cost of transporting
that person to the location of the person's apprehension, the person's residence or
another suitable location, as required by SS 573.024 & 462.041 of the Code.
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5.3
~"ln"nn County agrees to pay to Kerr County the
costs associated with any hearing conducted by Kerr County officials as
authorized under ~~ 571.017, 571.018 (mental health), 462.005 (chentical
dependency) 593.050 (mental retardation) and 574.107 (psychoactive medication)
of the Code in accordance with the "Kerr County Clerk's Statement of Proposed
Costs for the Budget Year 2002-2003," infra.
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5.4
For all cases, Calhoun
to Kerr County the following costs:
County does also agree to pay
a. All other court costs, set by law, and such other costs set either by order of
the Kerr County Commissioners Court or by the judge who holds the
hearings as set out in this agreement, under authority oflaw.
b. All costs authorized by law for appeals to a Texas Court of Appeals or to
the Texas Supreme Court.
c. A reasonable fee, in an amount not to exceed $50.00 per hour, for the Kerr
County Attorney or his designee for professional services rendered in
researching and preparation of appellate briefs, for time required to travel
to and from the site of the appropriate appeals court, and for time to
present oral argument in any appeal of a hearing provided for by this
Interlocal Agreement, as well as travel expenses and office expenses
related to production and mailing of any appellate brief covered by this
Interlocal Agreement.
d. All costs, including bonds, authorized or mandated by law for any
proceedings in Federal Court involving a
Calhoun County resident covered by this
agreement.
All compensation of court-appointed personnel, such as attorneys,
physicians, language interpreters, sign interpreters and masters as provided
in ~ 571.017 of the Code.
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5.5
Calhoun County agrees that it shall be responsible
for obtaining repayment for its costs incurred pursuant to this agreement from the
patient and/or the patient's family or estate. Celh01m
County agrees further that failure on its part to recover such repayments shall have
no effect on its liability to Kerr County for such costs.
96. PAYMENTS
6.1 All bills for costs shall be submitted to the County Judge of
Calhoun County, Texas at the address below and all
payments due under this agreement shall be paid to the County Clerk of Kerr
County, Texas and shall be paid at that office in the Kerr County Courthouse, 700
Main Street, Kerrville, Texas 78028.
S7. MISCELLANEOUS
7.1 Any and all notices which may be required under the terms of the agreement shall
be mailed to the parties, through their representatives, at the addresses indicated
below or at such address as either party may furnish in writing to the other party:
Arlene N. Marshall
, County Judge
Calhoun
, County, Texas
Zit S. Ann Street. Room 304
Port Lavaca
, Texas 77979
,
Fred Henneke, County Judge
Kerr County, Texas
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
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7.2 This agreement contains the entire agreement of the parties with respect to the
matters covered by this agreement. No other agreement, statement or promise
made by any party or to any employee, officer or agent of any party, which is not
contained in this agreement, shall be binding or valid.
7.3 If any term, provision, covenant or condition of this agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
7.4 The obligations and undertakings of each of the parties to this agreement shall be
performable in Kerr County, Texas.
Calhoun
County Judge
Date:
APPROVED:
ATTEST:
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Calhoun County
District Attorney
Coum.y..~"Rley
Calhoun
County Clerk
Date:
Date:
Fred Henneke, Kerr County Judge
Date:
APPROVED:
ATfEST:
David Motley, Kerr County Attorney
Jannett Pieper, Kerr County Clerk
Date:
Date:
This agreement was adopted by the Commissioners' Court of Kerr County, at Kerrville, Texas, by order
number 27750 on the 9th dayof september ,2002, and by the
Commissioners' Court of - KERK County, Texas, on the ~ day of
Sep tember .2002.
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KERR COUNTY CLERK'S
STATEMENT OF PROPOSED COSTS FOR THE BUDGET YEAR 2002-2003.
HEARING FOR TEMPORARY MENTAL HEALTH SERVICES (OPC - 90 DAYS!:
COUNTY CLERK'S FEE
CONTINUING PROBATE EDUCATION FEE
JURY FEE IIF NEEOED!
JUROR EXPENSE REIMBURSEMENT FEE IIF NEEDED I
JUDICIAL SERVICE FEE
JUDICIAL SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED ATTORNEY'S FEE
RECORDS MANAGEMENT & PRESERVATION FEE
COURTHOUSE SECURITY FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEALS FEE
LAW LIBRARY FEE
INDIGENT FEE (SB 1534)
PRDSECUTORIAL SERVICE FEE
JUDICIAL SUPPORT FUND FEE (HB 3211 J
$ 40.00
$ 5.00
$ 22.00
$ 50.00
$ 10.00
$ 60.00
$ 5.00
$ 5.00
$ 15.00
$ 5.00
$ 35.00
$ 5.00
$ 50.00
$ 40.00
IF A PATIENT PROPOSED FOR MENTAL HEALTH SERVICES IS DISCHARGED PRIOR TO THE TEMPORARY
COMMITMENT HEARING. THE KERR COUNTY CLERK WILL NOT BILL THE COUNTY RESPONSIBLE FOR THE
PROPOSED PATIENT'S COSTS FOR: A JURY FEE, A JUROR EXPENSE REIMBURSEMENT FEE, A JUDICIAL
SERVICE FEE. A JUDICIAL SALARY SUPPLEMENT FEE. A PROSECUTORIAL SERVICE FEE OR A JUDICIAL
SUPPORT FUNO FEE.
HEARING FOR EXTENDED MENTAL HEALTH SERVICES (UP TO 1 YEAR):
COUNTY CLERK'S FEE
CONTINUING PROBATE EDUCATION FEE
JURY FEE IIF NEEDED)
JUROR EXPENSE REIMBURSEMENT FEE IIF NEEDED)
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED A TTORNEY'S FEE
RECORDS MANAGEMENT & PRESERVATION FEE
COURrnOUSE SECURITY FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEALS FEE
LAW LIBRARY FEE
INDIGENT FEE ISB 1534!
PROSECUTORIAL SERVICE FEE
JUDICIAL SUPPORT FUND FEE (HB 3211)
HEARING FOR RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH SERVICES (BEYOND 1 YEAR!:
COUNTY CLERK'S FEE
CONTINUING PROBATE EDUCATION FEE
JURY FEE (IF NEEDED)
JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED)
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED A TTORNEY'S FEE ,
RECORDS MANAGEMENT & PRESERVATION FEE
COURTHOUSE SECURITY FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEAlS FEE
LAW LIBRARY FEE
INDIGENT FEE (SB 15341
PROSECUTORIAL SERVICE FEE
JUDICIAL SUPPORT FUND FEE (HB 3211!
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$ 40.00
$ 5.00
$ 22.00
$ 50.00
$ 10.00
$ 50.00
$ 5.00
$ 5.00
$15.00
$ 5.00
$ 35.00
$ 5.00
$ 50.00
$ 40.00
$ 40.00
$ 5.00
$ 22.00
..
$ 50.00
$ 10.00
$ 50.00
.
$ 5.00
$ 5.00
$ 15.00
$ 5.00
$ 35.00
$ 5,00
$ 50.00
$ 40.00
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HEARING ON REQUEST FOR REEXAMINATION AND RECONSIDERATION OF RENEWAL OF ORDER FOR EXTENDED
MENTAL HEALTH SERVICES:
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED ATTORNEY'S FEE
RECORDS MANAGEMENT &. PRESERVATION FEE
PROSECUTORIAl SERVICE FEE
$ 50.00
$ 10.00
$ 60.00
$ 5.00
$ 50.00
HEARING ON MOTION FOR MODIFICATION OF ORDER FOR INPATIENT TREATMENT:
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED ATTORNEY'S FEE
RECORDS MANAGEMENT &. PRESERVATION FEE
PROSECUTORIAL SERVICE FEE
$ 50.00
$ 10.0Q
$ 60.00
$ 5.00
$ 50.00
HEARING ON MOTION FOR MODIFICATION OF onDER FOR OUT~ATIENT TREATMENT:
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED ATTORNEY'S FEE
RECORDS MANAGEMENT &. PRESERVATION FEE
PROSECUTORIAL SERVICE FEE
$ 50.00
$ 10.00
$ 60.00
$ 5.00
$ 50.00
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HEARING ON CAPACITY AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION
{PSYCHOACTIVE MEDICATION PETITION: APPLICABLE TO HEARING ON
MOTION TO MOOIFY OR REAUTHORIZE MEDICATION ORDERI:
COUNTY CLERK'S FEE
CONTINUING PROBATE EDUCATION FEE
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED A TIORNEY'S FEE
RECORDS MANAGEMENT &. PRESERVATION FEE
COURTl-lOUSE SECURITY FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEALS FEE
LAW LIBRARY FEE
INDIGENT FEE (SB 1534)
PROSECUTORIAl SERVICE FEE
JUDICIAL SUPPORT FUND FEE IHB 32111
$ 40.00
$ 5.00
$ 50.00
$ 10.00
$ 60.00
$ 5.00
$ 5.00
$ 15.00
$ 5.00
$ 35.00
$ 5.00
$ 50.00
$ 40.00
HEARING ON APPUCATION FOR COURT-ORDERED TREATMENT OF CHEMICALLY DEPENDENT PERSONS
(APPLICABLE TO BOTH COURT-ORDERED CHEMICAL DEPENDENCY TREATMENT AND
RENEWAL OF AN ORDER FOR COURT-ORDERED CHEMICAL DEPENDENCY TREATMENn:
COUNTY CLERK'S FEE
CONTINUING PROBATE EDUCATION FEE
JURY FEE IIF NEEDEDI
JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDED)
JUDICIAL SERVICE FEE
JUDGE SALARY SUPPLEMENT FEE
SHERIFF'S FEE
APPOINTED A TIORNEY'S FEE
RECORDS MANAGEMENT &. PRESERVATION FEE
COUflTHOUSE SECURITY FEE
ALTERNATE DiSPUTE RESOLUTION FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEALS FEE
LAW UBRARY FEE
INDIGENT FEE (SB 16341
PROSECUTORlAL SERVICE FEE
JUDICIAL SUPPORT FUND FEE (HB 32111
$ 40.00
$ 5.00
$ 22.00
$ 50.00
$ 10.00
$ 60.00
$ 5.00
$ 6.00
$ 10.00
$ 15.00
$ 5.00
$ 35.00
$ 5,00
$ 50.00
$ 40.00
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HEARING ON APPLICATION FOR PLACEMENT OF A PERSON WITH MENTAL RETARDATION:
COUNTY CLERK'S FEE
JURY FEE (IF NEEDED I
JUROR EXPENSE REIMBURSEMENT FEE (IF NEEDEDI
SHERIFF'S FEE
APPOINTED A TTORNEY'S FEE
RECORDS MANAGEMENT & PRESERVATION FEE
COURTHOUSE SECURITY FEE
ALTERNATE DISPUTE RESOLUTION FEE
COURT REPORTER SERVICE FEE
FOURTH COURT OF APPEALS FEE
LAW LIBRARY FEE
INOIGENT FEE (SB 15341
JUDICIAL SUPPORT FUND FEE (HB 32111
$ 40.00
$ 22.00
$ 60.00
$: 5.00
$ 5.00
$ 10.00
$ 15.00
$ 5.00
$ 35.00
$ 5.00
$ 40.00
. APPOINTED A TTORNEY'S FEE:
$ 50.00 PER HOUR
$ 25.00 PER HALF HOUR
FOR THE CONVENIENCE OF THE APPOINTED ATTORNEYS, THEIR FEES FOR HEARINGS ON CAPACITY AND
ORDER AUTHORIZING PSYCHOACTIVE MEDICATION ARE COMBINED AND BILLED TOGETHER IN THE BILL fOR
THE MENTAL HEALTH SERVICES HEARINGS.
.. THE JUROR EXPENSE REIMBURSEMENT FEE IF 6 PEOPLE SERVE IS $15.00 EACH PER DAY OR $90.00 FOR
THE JURY PER OM OR PORTION THEREOF. IF A VENIRE PERSON REPORTS BUT IS NOT SELECTED FOR JURY
OUTY THE JUROR EXPENSE FEE FOR THAT PERSON IS $6.00 PER DAY OR PORTION THEREOF.
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CALHOUN COUNTY FAIR ASSOCIATION'S STORAGE BUILDING AT
FAIRGOUNDS
A Motion was made by Commissioner Galvan and seco~ded by
Commissioner Floyd to allow the Calhoun County Fa~r
Association to place a 16X30 foot portable building at the
fairgrounds for storage pending Commissioner Galvan's
approval. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Marshall all voted in favor.
COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR CALHOUN COUNTY
RENEWED
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A Motion was made by Commissioner Galvan and seconded by
Commissioner Floyd to approve the County's Basic Emer~ency
Plan and adopt the Order. Commissioners Galvan, BalaJka,
Floyd, Finster and Judge Marshall all voted in favor.
COMMISSIONERS COURT ORDER DATED 6-18-93
Renewed Sentember 26. 2002
BY THE COMMISSIONERS COURT OF CALHOUN COUNTY, TEXAS,
ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS,
RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY
MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN
EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE
DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE
WITH ALL PHASES OF EMERGENCY MANAGEMENT wmCH THREATEN LIFE
AND PROPERTY IN THE COUNTY OF CALHOUN; AUTHORIZING
COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK
BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED
PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR
SIGNALS AND MAKING THIS VIOLATION A MISDEMEANOR PUNISHABLE BY
A FINE NOT TO EXCEED $200.00.
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WHEREAS, the Commissioners' Court of the County of Calhoun finds that the
identification of potential hazards and the prevention of mitigation of their effects must
be an on-going concern of the County if the lives and property of the populace are to be
protected; and
WHEREAS, the Commissioners' Court declares that the preparation of a
Comprehensive Emergency Management plan, and the means for its implementation, for
the protection of lives and property in the County of Calhoun from natural or man-caused
disasters or threat thereof is immediately essential; and
WHEREAS, the Commissioners' Court further finds that in times of disasters
which may imperil the safety of the inhabitants of the county, or their property, it
becomes necessary to effectuate and place into operation the preconceived plans and
preparations with a minimum of delay; and
WHEREAS, the Commissioners' Court finds, therefore, that the preparation, and
implementation of such plans are now imperative;
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BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS'
COURT OF CALHOUN COUNTY, TEXAS:
Section 1. Ornanization
There exists the office of Emergency Management Director of the County of Calhoun,
which shall be held by the County Judge in accordance with state law.
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(a) An Emergency Management Coordinator may be appointed by and serve at
the pleasure of the Director;
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(b) The Director shall be responsible for a program of comprehensive emergency
management within the county and for carrying out the duties and
responsibilities set forth in this court order.-Helshe may delegate authority
for execution of these duties to the Coordinator, but ultimate responsibility
for such execution shall remain with the Director.
(c) The operational Emergency Management organization of the County of
Calhoun shall consist of the officers and employees of the County so
designated by the Director in the emergency management plan, as well as
organized volunteer groups. The functions and duties of this organization
shall be distributed among such officers and employees in accordance with
the terms of the emergency management plan.
Section 2. Emerl!encv Manal!ement Director - Powers and Duties
The duties and responsibilities of the Emergency Management Director shall include the
following:
(a) Conduct an on-going survey of actUal or potential hazards which threaten life
and property within the county and an on-going program of identifying and
requiring or recommending the implementation of measures which would
tend to prevent the occurrence or reduce the impact of such hazards if a
disaster did occur.
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(b) Supervision of the development and approval of an emergency management
plan for the County of Calhoun, and shall recommend for adoption by the
Commissioners' Court all mutual aid agreements deemed necessary for the
implementation of such plan.
(c) Authority to declare a local state of disaster. The declaration may not be
continued or renewed for a period in excess of 7 days except by or with the
consent of the Commissioners Court. Any order or proclamation declaring,
continuing, or tenninating a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the County Clerk.
(d) Issuance of necessary proclamations, regulations or directives which are
necessary for carrying out the purposes of this Court Order. Such
proclamations, regulations, or directives shall be disseminated promptly by
means calculated to bring its contents to the attention of the general public
and, unless circumstances attendant on the disaster prevent or impede,
promptly filed with the County Clerk.
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(e) Direction and control of the operations of the Calhoun County Emergency
Management organization as well as the training of Emergency Management
personnel.
(f) Determination of all questions of authority and responsibility that may arise
within the Emergency Management organization of the County.
(g) Maintenance of liaison with other municipal, county, district, state, regional
or federal, Emergency Management organizations.
(h) Marshaling of all necessary personnel, equipment or supplies from any
department of the County to aid in the carrying out of the provisions of the
emergency management plan.
(i) Supervision of the drafting and execution of mutual aid agreements, in
cooperation with the representatives of the state and of other local political
subdivisions of the state, and the drafting and execution, if deemed desirable,
of an agreement with the cities located in Calhoun County for the county-
wide coordination of Emergency Management efforts.
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G) Supervision of, and final authorization for the procurement of all necessary
supplies and equipment, including acceptance of private contributions which
may be offered for the purpose of improving Emergency Management within
Calhoun County.
(k) Authorizing of agreements, after approval by the Designated
Attorney/District Attorney, for use of private property for public shelters and
other purposes.
(1) Survey of the availability of existing personnel, equipment, supplies and
services which could be used during a disaster, as provided for herein.
(m) Other requirements as specified in the Government Code, Chapter 418.
Section 3. Emel1!encv Manal!ement Plan
A comprehensive Emergency Management Plan shall be developed and maintained in
a current state. The plan shall set forth the form of the organization, establish and
designate divisions and functions, assign responsibilities, tasks, duties, and powers, and
designate officers and employees to carry out the provisions of this order. As provided
by state law, the plan shall follow the standards and criteria established by the State
Division of Emergency Management of the State of Texas. Insofar as possible, the form
of organization, titles and terminology shall conform to the recommendations of the
State Division of Emergency Management. When approved, it shall be the duty of all
departments and agencies to perform the functions assigned by the plan and to maintain
their portion of the plan in a current state of readiness at all times. The emergency
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management plan shall be considered supplementary to this order and have the effect of
law during the time of disaster.
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Section 4. Inter-Jurisdictional Prol!ram
The County Judge is hereby authorized to join with the..mayors of the cities in Calhoun
County in the formation of an Emergency Management Council for the County of
Calhoun and shall have the authority to cooperate in the preparation of a joint emergency
management plan and in the appointment ofajoint Emergency Management Coordinator,
as well as all powers necessary to participate in a county-wide program of emergency
management insofar as said program may affect the County of Calhoun.
Section 5. Override
At all times when the orders, rules, and regulations made and promulgated pursuant to
this order shall be in effect, they shall supersede and override all existing ordinances,
orders, rules and regulations insofar as the latter may be inconsistent therewith.
Section 6. Liabilitv
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This order is an exercise by the County of its governmental functions for the protection of
the public peace, health., and safety and neither the County of Calhoun, the agents and
representatives of said County, nor any individual, receiver, firm, partnership,
corporation, association, or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with., any order, rule, or regulation
promulgated pursuant to the provisions of this order shall be liable for any damage
sustained to persons as the result of said activity. Any person owning or controlling real
estate or other premises who voluntarily and without compensation grants to the County
of Calhoun a license of privilege, or otherwise permits the County to inspect, designate
and use the whole or any part or parts of such real estate or premises for the purpose of
sheltering persons during an actual, impending or practice enemy attack or natural or
man-made disaster shall, together with his successors in interest, if any, not be civilly
liable for the death of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for loss of, or damage to, the property
of such person.
Section 7. Commitment of Funds
No person shall have the right to expend any public funds of the County in carrying out
any Emergency Management activity authorized by this order without prior approval by
the Commissioners' Court, nor shall any person have any right to bind the County by
contract, agreement or otherwise without prior and specific approval of the
Commissioners' Court unless during a declared disaster. During a declared disaster, the
County Judge may expend and/or commit public funds of the County when deemed
prudent and necessary for the protection of health., life or property.
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Section 8. Offenses; Denalties
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of
the Emergency Management organization in the enforcement of any rule or regulation
issued pursuant to this order, or to do any act forbidden by any rule or regulation issued
pursuant to the authority contained in this order.
It shall likewise be unlawful for any person to wear, carry or display any emblem,
insignia or any other means of identification as a member of the Emergency Management
organization of the County of Calhoun, unless authority to do so has been granted to such
person by the proper officials.
Any unauthorized person who shall operate a siren or other device so as to simulate a
warning signal, or the termination of a warning, shall be deemed guilty of a violation of
this order and shall be subject to the penalties imposed by this order.
Convictions for violations of the provisions of this order shall be punishable by fine not
to exceed Two Hundred Dollars ($200.00).
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Section 9. Severabilitv
If any portion of this order shal~ for any reason, be declared invalid, such invalidity shall
not affect the remaining provision thereof
Section 10. Limitations
This order shall not be construed so as to conflict with any State of Federal statute or with
any military or naval order, rule, or regulation.
Section 11. ReDealer
All orders, parts of orders, or resolutions in conflict herewith are expressly repealed.
READ AND APPROVED this 26th day of September, 2002.
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({~ <Uc4
County Iud e Arlene N. Marshall
I
, Calhoun County, Texas
Com issioner Michael B
Calhoun County, Texas
ommissioner Kenneth Finster, Pet. 4
Calhoun County, Texas
ATTEST:
Ltn~4'lLaJcuJ.
Marlene Paul, County Clerk
Calhoun COU?ty, Te~
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TEXAS TASK FORCE ON INDIGENT DEFENCE FUNDS
A Motion was made by Commissioner Galvan.and seconded by
Commissioner Floyd to persue the Texas Task Force Indigent
Defence funds in the amount of $13,248. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
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TEXAS TASK FORCE ON INDIGENT DEFENSE
1-J-t. ~V~
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CHAIR:
THE HONORABLE SHARON KELLER
PresidIng Judge, Court of Criminal Appeals
DIRECTOR
MR. JAMES D. BETHKE
VICE CHAIR
THE HONORABLE OlEN UNDERWOOD
Qt:i':r:\\/Ff
August29,2002
2.t.;:~' \J 3 2QD:'~
'~deile N. MuJsha::
To: Administrative District and Statutory County Judges, Constitutional County Jtj<:!!1ie~lJi1is!(\<:Jt8tifd.Ju',.,..
County Clerks
From: Bryan Wilson, Grants Administrator
RE: Amended Indigent Expense Report Form and Manual for the Amended Indigent Defense
Expenditure Report
Dear Officials:
On August 26, 2002 Task Force staff mailed an Amended Indigent Defense Report Form and
Manual to all county auditors / treasures that are responsible for reporting information to the
Office of Court Administration on November 1, 2002 pursuant to Government Code 371.0351 (c).
This Amended Form replaces the form mailed by the Task Force April 25, 2002. The original form
was mailed to many court and county officials. This caused some confusion in who was supposed
to report the information. This report must be submitted by auditors (or the person designated by
the commissioners court if the county does not have a county auditor). The statute also requires
as a duty of office clerks to cooperate with the person required to submit the report 3(d).
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The purpose for this amendment is that the Task Force wanted to avoid having the counties submit two
reports to the Task Force - the first report being the statutorily required Indigent Expenditure Report
and the second report being a year-end grant report. The Task Force authorized staff to develop a
single report on July 22, 2002 in their regular meeting to reduce the paperwork required from counties.
Each county must submit the report In accordance with the instructions on the report and in the manual.
If you would like a copy of this form, please contact your county auditor (or treasurer in some counties).
You can also view or download copies from our website (http://www.courts.state.lx.us/tfidl). Thank you
for your endeavors providing a fair and just system to the citizens of Texas. Please call if you have any
comments or questions.
Sincerely,
Bryan Wilson
Grants Administrator
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205 WEST 14TH STREET, SUITE 600 . TOM C. ClARK BUILDING
P. Q. Box 12066 -Austin, Texas 78711-2066
Toll Free 866-499-0656 or 512-936-6994
Fax 512-475-3450
www.courts.state.tx.us/tfidl
1.48
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#C;ttu'i"" /d_IJ"'-tJ2-
RECFIVED
411(' r -, .n,~,v..
AUO,) ::.: ~:UJ.~
j;riGr1(~ N. MarS/laJl
TEXAS TASK FORCE ON INDIGENT DEF~NS-]~Y .Juug(;
205 WESf 141'H STREET, SUITE 60(l. TOM C. ClARKBUlLDlNG. (512) 936-6994. FAX (512) 475-3450
P. O. Box 12066. AUSTIN, TEXAS 78711-2066
CHAIR:
THE HONORABLE SHARON KELLER
Presiding Judge, Court of Criminal Appeals
DIRECTOR
MR. JAMES D. BETHKE
VICE CHAIR:
THE HONORABLE GLEN UNDERWOOD
August 6, 2002
Hon. Arlene N. Marshall
Calhoun County Judge
211 S Ann St, 3rd FI
Port Lavaca TX 77979
Re: Announcement of State Indigent Defense Formula Grant Program
2003 For Texas Counties
Dear Judge Marshall,
The Task Force on Indigent Defense (Task Force) is pleased to announce that your county may
be eligible for an indigent defense formula grant in the amount of$13,248. This amount was
determined by a formula that sets a $5,000 floor, with the remainder based on your county's
population according to the 2000 Census. Like last year's formula grauts, these formula
grants are inceutive driven. In order to qualify for funding, your county must apply for
these grants and meet the eligibility requirements and comply with rules specified in the
grant application kit.
The Task Force adopted SS 173.1-173.402 ofthe Texas Administrative Code on an emergency
basis in order to implement the grant authority established by the Texas Legislature. These
administrative rules are available at the Texas Judiciary Online at: htto://www.courts.state.tx.us/tfid.
These rules, combined with the grant application kit that is provided with this letter, establish the
guidelines for the administration and submission process for grant funds for 2003.
This grant funding cycle - the time during which expenses may be incurred and during which
funds must be obligated - is for the period of October I, 2002 through September 30,2003. The
Task Force will continue to consult with state and county officials to determine how best these
grants can be processed and distributed to counties for the continued improvement of indigent
defense services.
(!c ~ m~ 7/'>'7/>'>. '""
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Page Two
August 6, 2002
The rules and grant application kit prepared for this year's formula grants are intended to provide
fiscal assistance to the counties without creating undue expense and reporting burdens in
preparing the grant application. I hope you find the rules and grant application kit
straightforward, but flexible enough to accommodate the needs of your community.
Please call Bryan Wilson, at the Task Force office, toll free in Texas at (866) 499-0656, if you
have any questions about the application process.
Sincerely,
~kuw
Sharon Keller
Chair, Task Force on Indigent Defense
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SK:tt
Enclosure - FY03 Formula Grant Application Kit
cc: Task Force on Indigent Defense
Governor Rick Perry
Representative Rob Junell, Appropriations Committee
Lt. Governor Bill Ratliff
Speaker Pete Laney
Senator Rodney Ellis
John Keel, Legislative Budget Board
Tina Beck, Legislative Budget Board
Mr. Jim AJlison, General Counsel, County Judges and Commissioners
Ms. April Bacon, Travis County Auditors Office
Mr. John Dahill, Texas Conference of Urban Counties
Mr. Don Lee, Texas Conference of Urban Counties
Mr. Rex Hall, Texas Association of Counties
Ms. Aurora Zamora, Texas Association for Court Administration
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TEXAS TASK FORCE ON INDIGENT DEFENSE
Application for Formula Indigent Defense Grant Program
Pursuant to Texas GovertUUent Code Section 71, the Texas Legislature has delegated authority to
the Task Force on Indigent Defense (Task Force) to direct the Comptroller of Public Accounts to
distribute funds, including grants, to counties for indigent defense services and to monitor
counties to ensure compliance with the conditions of the grant. The purpose of these grants is to
provide indigent defense systems in Texas.
General Information
. Total Grant Appropriation - State FY 2003: $9,600,000
. Grant Period - FY 2003: October I, 2002 to September 30, 2003
. Funding - Funds will be distributed in four (4) disbursements for this fiscal
year.
. Funding Amounts - Determined by a formula based on $5,000 base with
remainder based on population (2000 Census). *
*The metbod of funding based on population for fiscal year 2003 is subject to
change by the Task Force in subsequent fiscal years
. Application deadline - Completed applications must be received at the Task
Force or postmarked by October 18, 2002. Submit applications to:
Task Force on Indigent Defense
c/o Texas Judicial Council
205 W. 14th Street - Suite 600
P.O. Box 12066
Austin, Texas 78711-2066
Application Process
The grant application process consists of four steps. This application kit is designed to guide the
applicant through the process. If, at any time, you wish to speak to a Task Force staff member,
you may do so by calling toll free to (866) 499-0656.
STEPS IN ApPLYING FOR A GRANT
Determine Elil!ibilitv See Daee 2
Comolete the Grant Aoolication Form See D3l!e 5
Include the Acknowlerll!ement shmed bv the administrative iudl!e See Dal!eS 6 and 7
Submit the County Commissioners Resolution See Dal!e Dendin!! 8
205 WEST 14TH STREET, SUITE600. TOM C. CLARK BUILDING
P. O. Bo.\: 12066. AUSTIN, TEXAS 78711-2066
TOLL FREE 866-499-0656 OR 512-936-6994
FAX 512-475-3450
WWW.COURTs.STArE.Tx.uslTFID/
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Method of Funding
The formula grant application provided by the Task Force in FY03 is intended to streamline
application processes and reduce reporting requirements. The formula is computed by adding the
$5,000 floor for each county to the county's percent of state population multiplied by the amount
of Task Force funds. The Task Force will compare the Mandatory Indigent Defense Expenditure
Report (due from auditors/treasurers on November 1,2002) to the baseline year (FY2001).lfthe
amount of increased actual expenses is greater than the allocation for the county, staff will
recommend full funding assuming all requirements of the application are met.
The method of funding based on population for this fiscal year is subject to change by the Task
Force in subsequent fiscal years. Counties are advised that the formula based on population used
in FY03 will be reevaluated after the third year of data collection (November 2004).
Example: County X spends $100,000 on indigent defense in baseline (fiscal) year 2001 (Oct 1. 2000 to
September 30. 2001). In the county's Expenditure Report submilled by its auditor November 1, 2002for
fiscal year 2002 (Oct 1, 2001 to September 30, 2002) they report $120,000 in indigent defense expenses -
a $20,000 increase over their baseline year expenses.
If County X's allocation is less than the $20,000 in increased expenses they wj/[ report expenditures once
per year on November 1. If their allocation is greater than $20.000 then the county is required to justify
costs and would report expenditures two times per year - May 1 and November 1.
For FY03, the Task Force will continue to use FY 2001 as the baseline year for comparison. A
county may apply for alternative baseline years by providing information and stating the reasons
for the request. A county with no increased .costs may also qualify for funding by demonstrating
to the Task Force that specific indigent defense improvements planned for the upcoming year
will result in an overall increase in the county's expenses over its baseline year. A county that
did not submit an application in FY02 must contact Task Force staff for instructions in
establishing a baseline year prior to the application being submitted.
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Indirect costs will not be reflected in the expenditure report nor be used in calculating
qualification for this formula grant, except in public defender programs. Direct and
administrative costs may be used. Direct costs are payments made to court appointed attorneys,
investigators, expert witness, laboratories, and other payments made on behalf of indigent
criminal defendants or juvenile respondents. Administrative costs are personnel or other costs
paid for by counties directly attributable to the local indigent defense plans and procedures
submitted by judges to OCA. Administrative cost could include increased personnel such as
court coordinators, magistrates, and attorney contact coordinators allocated to implementing
indigent defense functions.
Eligibility Requirements
All counties may submit a request for funding and are encouraged to do so. To be eligible for
grant funding for Fiscal Year 2003 a county must satisfy each of the statements in the following
checklist:
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o Only counties are eligible to apply for grant funds.
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, 0 The County Commissioners' Court must issue a resolution that authorizes the grant
request and takes responsibility for the appropriate expenditure of the funds. (See
sample resolution, page S).
o Funds are to be used to pay for the increased direct and administrative costs of
providing indigent defense services in the county.
o A county may not reduce the amount of funds provided for indigent defense services in
the county because of funds provided by this grant.
o Any grant awarded must be administered in accordance with mles for the Fair Defense
Act (FDA) in Chapter 173 of the Texas Administrative Code and the general grant mles
found in the Uniform Grant Management Standards.
o A county must ensure and acknowledge that its mandatory countywide indigent defense
planes) (to be submitted to OCA on or before January 1,2003) satisfy the conditions
setout in the acknowledgement on page six (6) of this application.
Application Requirements
o Completed applications must be received at the Task Force or postmarked by October
IS, 2002. Late applications may be considered depending on fund availability.
o The attached acknowledgement (page 6) must be included after being signed by all of
the proper local judges responsible for submitting the planes) to OCA under Texas
Government Code Section 71.0351.
o All documents and information required by this application must be provided to the
Task Force.
o A county that does not expend funds over their baseline year will be required to return
funds or have funds deducted from future awards.
Reporting Requirements
o A county must cooperate with data collection and monitoring efforts of the Task Force.
o A county that shows actual expenditures equal to or below their allocated amount must
submit a semi-annual financial report as directed by the Task Force.
o A county whose expenditure report establishes actual increased costs above its allocated
amount must only submit its annual mandatory Indigent Defense Expenditure Report.
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Detailed Guide to the Grant Application Form
Box I-Name of Co un tv and Proiected Allocation
Name of the county applying for the grant and the projected allocated grant if full
requirements are met.
Box 2-State Payee ID#
All counties that receive funds from the state have been issued a state payee identification
number. If unknown, first check with the chief financial officer for your county. Contact the
Comptroller of Public Accounts to see if an account has been established for the county.
Box 3-Division or Unit
Identify the division or unit within the county to administer the grant. In many counties this
will be the county judge.
Box 4-0fficia/ Mailinl! Address
General mailing address of the county where grant award statements and official documents
should be directed.
Box 5 - Contact Person
Choose a person who is responsible for coordinating with the Task Force or its staff as the
contact person and enter that person's name, title, address, telephone number, fax number,
and e-mail address, if available. This will be the person Task Force staff members will
contact with questions about the application.
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Box 6-Prol!ram Director
Name, title, address, telephone number, fax number, and e-mail address (if available) for the
program director. This person must be the officer or employee responsible for program
operation or monitoring or implementation of the indigent defense plan and who will serve as
the point-of-contact regarding the program's day-to-day operations.
Box 7 - Financial Officer
The county auditor or county treasurer, if the county does not have an auditor. Include the
name, title, phone number, and fax number for the county financial officer. The financial
officer may not serve as the program director or the authorized official.
Box 8 - Authorized Official
This person must be authorized to apply for, accept, decline, modify, or cancel the grant for
the applicant county. A county judge or a designee authorized by the governing body in its
resolution may serve as the authorized official. The program director and the authorized
official may be the same person.
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INDIGENT DEFENSE GRANT PROGRAM
ACKNOWLEDGMENT
The undersigned have acknowledged the indigent defense planes) to be submitted to the Office of
Court Administration by January I, 2003, pursuant to Texas Government Code Section 71.0351,
covering adult defendants and juvenile respondents in the district and county courts of Calhoun
County will comply with the Fair Defense Act. Further, the plan(s) will comply with each of the
following specific requirements ofthe Fair Defense Act:
~ The plan(s) specify that each accused person will be brought before a magistrate
within 48 hours of arrest for proceedings under Article 15.17 of the Code of
Criminal Procedure.
~ The planes) specify that when an eligible defendant submits the required
documents for the appointment of counsel, the request and documents required
will be transmitted to the appointing authority within 24 hours of the request.
~ The planes) specify that the appointing authority will appoint counsel for eligibie
defendants within one working day of receiving the request (counties with
population of 250,000 and above) or within three working days of receiving the
request (counties with population under 250,000).
~ A copy of all formal and informal rules and forms that describe the procedures
used in the county to provide indigent juvenile respondents with counsel in
accordance with the Code of Criminal Procedure and Family Code Chapter 51
have been adopted by the courts and juvenile board and submitted to the Office
of Court Administration.
~ The county has adopted an attorney fee schedule in accordance with Article
26.05, Code of Criminal Procedure that addresses the following issues:
~ The plants) specify a schedule of attorney fees that covers all criminal
cases for which punishment by incarceration may be imposed.
~ The planes) specify procedures for payment of expenses, including expert
and investigator fees, incurred with prior court approval.
~ The plants) specify procedures for payment of expenses, including expert
and investigator fees, incurred without prior court approval.
~ The plan(s) specifies that no payment shall be made until the form for
itemizing the services performed is submitted to the judge presiding over the
proceedings and the judge approves the payment.
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Sample Resolution
Indigent Defense Grant Program
WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are
eligible to receive grants from the Task Force on Indigent Defense to provide improvements in
indigent defense services in the county; and
WHEREAS, this grant program will assist the county in the implementation of the provisions
of the Fair Defense Act and the improvement of the indigent criminal defense services in this
county; and
WHEREAS, County Commissioners Court has agreed that in the
event of loss or misuse of the funds, County Commissioners assures
that the funds will be returned in full to the Task Force on Indigent Defense.
NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is
designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant
application for the Indigent Defense Discretionary Grant Program and all other necessary
documents to accept said grant; and
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BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and
Contact Person for this grant and the County Auditor/County Treasurer is designated as the
Financial Officer for this grant.
Adopted this
day of
,2002.
County Judge
Attest:
County Clerk
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Notice: Pursuant to Section 71.0351 of the Texas Government, all counties MUST submit a
copy of its county indigent defense planes) and procedures not later than January I of each year.
Funds awarded under this grant may be withheld if the indigent defense planes) do not contain
specific provisions addressing each of these requirements.
Acknowledged and Approved:
Signature of local Administrative
District Judge I District Judge'"
Date
Printed Name and Title
Signature of Local Administrative
Statutory County Court Judge I County Judge'"
Date
Printed Name and Tille
Signature ofChainnan or Juvenile Board'"
Date
Printed Name and Title
* Jurisdictions in Texas have different court configurations. The person(s) responsible for
development and submission of indigent defense planes) within ajurisdiction should sign in the
proper lines above. Each line must contain a signature of the appropriate authority. The same
person may sign more than once. .
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TEXAS TASK FORCE ON INDIGENT DEFENSE
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CHAIR:
THE HONORABlE SHARON KElLER
Presiding JLXige. Court of Criminal Appeals
DIRECTOR
MR JAMES D. BETHKE
VICE CHAIR:
TIiE HONORABLE OLEN UNDER\oVOOO
August 30, 2002
Honorable Arlene N. Marshall
Calhoun County Judge
211 S. Ann St
Port Lavaca, TX 77979
Dear Judge Marshall :
The Task Force on Indigent Defense is pleased to announce $1.55 million in availabie grant funds lor
statewide distribution on a competitive basis. The purpose 01 these funds is to provide fiscal incentive
to enhance the delivery of indigent defense services at the local level for juvenile matters and criminal
cases. Many different types of activities may qualify.
Proposals should demonstrate clearly how the proposed activity would improve the provision of
services to indigent defendants and juveniles. Proposed activities will be rated on their ability to meet
the legislatively established directives and the constitutional requirements of providing counsel for those
who cannot afford counsel.
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in evaluating grant proposais, priority will be given to those that demonstrate the funded activity: 1) is
likely to be duplicated in other jurisdictions; 2) can be impiemented within the 9rant period; 3) is applied
for by multiple counties; or 4) addresses an emergency or exigent circumstance existing in a county.
Additionally, the Discretionary Application Kit has requirements beyond those established for Fonnula
Grants.
On beha~ of the Task Force, I invite you to submit an application to obtain funds to improve your local
or regional defense systems for your county. I Invite you to attend one of the grant training programs
scheduled around the state to leam about this additional opportunity to improve indigent defense
services. If you have any questions piease call Bryan Wiison, Task Force Grants Administrator (512)
936-6996.
Sincerely,
~~
Sharon Keller
Chair, Task Force on Indigent Defense
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205 WEST 14TH STREET, SUITE 600 . TOM C. CLARK BUILDING
P. O. Box 12066. Austin. Texas 78711-2066
Toll Free 866-499-0656 or 512-936-6994
Fox 512-475-3450
www.courts.state.tx.us/tfidJ
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Application for Discretionary Indigent Defense Grant Program
Pursuant to Texas Government Code Chapter 71, the Texas Legislature has delegated authority
to the Task Force on Indigent Defense (Task Force) to direct the Comptroller of Public Accounts
to distribute funds, including grants, to counties for indigent defense services and to monitor
counties to ensure compliance with the conditions of the grant. The purpose of these grants is to
provide or support indigent defense systems in Texas.
General Information
Total Grant Appropriation - FY 2003: $1,550,000 (Estimated)
Grant Period - February I, 2003 up to January 31,2004
Funding - Funds will be distributed in fonr equal disbursements during the grant period.
Funding Amounts - Award amounts are contingent on the number of applications submitted
and approved.
Application Deadline - Completed applications must be received at the Task Force Office on or
before 5:00 PM December 2, 2002. Late applications will not be considered. Submit
applications to: Task Force on Indigent Defense
205 W. 14th Street - Suite 600
P.O. Box 12066
Austin, Texas 78711-2066
Application Process
There are a variety of steps in the grant application process. This application kit is designed to
guide the applicant through the process. If, at any time, you wish to speak to Task Force staff,
you ma do so b callin toll free to (866) 499-0656.
STEPS IN APPLYING FOR A GRANT
Determine Eli2ibilitv - See 032e 2
Comolete and submit the Grant Aoolication Form See 032e 6
Write aDd submit the orODosal -See oae-e 7
Comolete and submit the Grant ProDosal Bude:et see 032e 8
Adoot and submit the County Commissioners Resolution - see 032e 11
Include the Acknowlede-ement siened bv the administrative lude-e(s) See D3l!eS 12413
205 WEST 14TH STREET, SUITE 600. TOM C. CLARK BUlLDlNG
P. Q. Box 12066' Austin, Texas 78711-2066
Toll Free 866-499-0656 or 512-936-6994
Fax 5t2-475-3450
WWW.COURTS.STATE.TX.uslTFID/
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I. FUNDING METHOD
If selected, counties will be funded based on demonstrated completion of the objectives and
actual expenditures if selected for an award. The following distribution table will be used:
Distribution Date
A ril30
Jul 31
October 31
January 31
The Task Force may allow grant recipients to receive not more than one quarter of their
allocation in advance upon request and a clear demonstration of need.
II.ELIGIBILITY REQUIREMENTS
All counties may submit a request for funding and are encouraged to do so. To be eligible for
discretionary grant funding for Fiscal Year 2003 a county must satisfy each of the statements in
the following checklist:
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o Only counties are eligible to apply for grant funds. Counties may apply jointly for
funding but must designate one county as the grant recipient.
o The County Commissioners' Court must issue a resolution that authorizes the grant
request and takes responsibility for the appropriate expenditure of the funds. The
resolution may indicate participation in a regional proposal and designate another
county as administrative coordinator. (See sample resolution, page 11).
o Funds are to be used to pay for the increased direct and administrative costs of
providing indigent defense services in the county.
o A county may not reduce the amount of funds provided for indigent defense services in
the county because of funds provided by this grant
o Application made under this fund if awarded must be used for improving indigent
defense services in the county or region.
o A county must ensure and acknowledge that its mandatory countywide indigent defense
plan(s) (to be submitted to OCA on or before January 1, 2003) satisfy the conditions
setout in the acknowledgement on pages twelve (12) and thirteen (13) of this
application.
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Page 2 of 13
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The Task Force on Indigent Defense reserves the right to consider applications and fund any
proposed activities determined to promote a fair defense in Texas. To provide parameters for
applicants the maximum grant will be $400,000.
III. APPLICATION REQUIREMENTS
o COWlties must submit applications on or before 5:00 PM, December 2, 2002.
Submission packets must include one (I) original and two (2) copies.
o Faxed copies will not be accepted in lieu of original documents (or on-line submissions
if system becomes available during grant application period).
o The attached acknowledgement (pages 12-13) must be included after being signed by
the administrative local judge(s) responsible for submitting the planes) to OCA under
Texas Government Code Section 71.0351.
o All Grant Applications must be completed entirely. Incomplete submissions will not be
considered.
IV. GRANT RULES
This grant program is administered in accordance with Texas Administrative Code Chapter
173. Any county receiving an award under this grant program must follow all rules and
guidelines established under Chapter 173 and the Uniform Grant Management Standardsl
Additionally, any software, source code, or intellectual property fully developed as a result of
grant fWlds is owned by and the rights reside with the Task Force.
V. REVIEW CRITERIA
This is a competitive grant program. The Task Force staff will review each grant using
objective tools and comparative analysis. Proposals that best demonstrate meeting the goals
and objectives of the Task Force are most likely to receive funding. The weight given to any
particular information item listed or combination of items is the sole discretion of the Task
Force. The Task Force reserves the right to reject any and all proposals with or without
cause.
The purpose of these funds is to provide fiscal incentive to enhance the delivery of indigent
defense services at the local level for juvenile and criminal cases. Many different types of
activities may qualify. Proposals should demonstrate clearly how the proposed activity would
improve the provision of statutory and constitutional requirements of providing
representation to indigent defendants and juveniles.
1 "UGMS" is the Uniform Grant Management Standards promulgated by the Governor's Office of Budget
and Planning at 1 TAC, ~5.141 - 5.167
FY 03 Task Force on Indigent Defense Discretionary Grant
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Beyond specific requested information, priority consideration will be given to proposals that
demonstrate the funded activity: I) is likely to be duplicated in other jurisdictions; 2) can be
implemented within the grant period; 3) is applied for by multiple counties; or 4) addresses
an emergency or exigent circumstance existing in a county. The Task Force may also decide
to ensure various size counties are funded.
VI. GRANT SUBMISSION
The grant submission process consists of eight (8) parts:
A. Application Form
B. Introduction;
C. The needs assessment;
D. The project summary;
E. Project methods or design;
F. Project evaluation;
G. Future funding plan; and
H. Proposed budget.
For competitive grants, applicants should clearly describe the proposed activity for the reviewers
and Task Force on Indigent Defense. Failure to clearly complete the application diminishes the
likelihood of receiving grant funds. Proposed activities will be rated on their ability to meet the
legislatively established directives and the constitutional requirements of providing counsel for
those who cannot afford counsel.
--
A. Application Form
Detailed Guide to the Grant Application Form
Box I-Name of Program
The name of the proposed program.
Box 2-Name of County
Name of the county applying for the grant.
Box )-State Payee ID#
All counties that receive funds from the state have been issued a state payee identification
number. If unknown, first check with the chief financial officer for your county. Contact the
Comptroller of Public Accounts to see if an account has been established for the county.
Box 4-- List other counties included or covered by this grant (regional proposals ouly)
Identify all other counties that are participating in or will receive benefits from this proposed
activity. This applies only to regional or multi-county proposals. If proposal is for a single
county then leave blank. Resolutions from all county commissioners courts authorizing
participation will be required.
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Box 5--Division or Unit
Identify the division or unit within the county to administer the grant. In many counties this
will be the county judge.
Box 6--0fficial Mailil1l! Address
General mailing address of the county where grant correspondence should be directed.
Box 7 - Contact Person
Choose a person who is responsible to coordinate with the Task Force or its staff as the
contact person and enter that person's name, title, address, telephone number, fax number,
and e-mail address. This will be the person Task Force staff members will contact with
questions about the application.
Box 8-Proeram Director
Name, title, address, telephone number, fax number, and e-mail address (if available) for the
program director. This person must be the officer or employee responsible for program
operation or monitoring or implementation of the indigent defense plan and who will serve as
the point-of-contact regarding the program's day-to-day operations.
Box 9 - Financial Officer
The county auditor or county treasurer, if the county does not have an auditor. Include the
name, title, phone number, and fax number for the county financial officer. The financial
officer may not serve as the program director or the authorized official.
Box 10 - Authorized Official
This person must be authorized to apply for, accept, decline, modify, or cancel the grant for
the applicant county. A county judge or a designee authorized by the governing body in its
resolution may serve as the authorized official. The program director and the authorized
official may be the same person.
FY 03 Task Force on Indigent Defense Discretionary Grant
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163
INDIGENT DEFENSE GRANT PROGRAM (IDGP)
Application Form
APPLICATION FOR THE GRANT PERIOD: ,",iiiqt',';::('j;,;{.;;,:c\.;;.",i, ..........,... .......
<f.. .... ..i' ";);:;4';'i'.;f;;;;';;,.. .....
February 1, 2003 TO January 31. 2004 icc' .....2 .'i{J'_y;,. ;5i;":f'Y':
1. NAME OF PROGRAM -'~;;~w-jr:. . . .,.rfu ;"5"~L:":;-'~_cL\,.,
..W ".' ....JsP, V' !\'. .
2. NAME OF COUNTY. 3. State payee identification number (issued by the Comptroller of Public Accounts):
4. List other counties included or covered by this grant (region proposals only)
Grant Officials
5. Division or unit within the county to administer the grant.
8. Program Director
6. Official county mailing address. Title:
Address:
7. Person who can answer specific questions about this application: Telephone:
Contact: Fax:
Title: E-mail:
Address: 9. Financial Officer
Title:
Address:
Telephone:
Fax;
E-mail: Telephone:
Fax:
E-mail:
To the best of my knowledge, all information in this application is true and correct. The governing body of
the grantee county has duly authorized the application and the county agrees to comply with all Task Force
rules, including the attached assurances, if awarded.
10. Signature of Authorized Official: Date:
Printed Name: Title:
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Proposal Narrative
Proposals submitted should adequately describe the proposed activities. At a minimum, they must address all
of the points below applicable to their proposed activity. Additional information related to the program that
provides salient information to the Task Force should be added in the relevant categories.
(Item A is Application Form on page 6)
~.
.
Iutroduction
Describe the arrangement of the counties
participating in the proposed activity, if
applicable.
Provide documents or agreement forms that will
be used.
List entities affected and how they will
participate.
Describe how the proposed activity will affect the
courts and county or counties once fully
implemented.
.
.
.
c. The need assessment
. Describe the countywide or regional problem or
need.
.
Provide detail on the importance of this problem
or need to your jurisdiction(s).
Provide any statistical data available that supports
the description of the problem.
Indicate whether the statistical data was actively
collected or constructed after the time period
expired.
.
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D. The project summary
. Describe the proposed activity in one paragraph.
. Be clear and succinct in describing the proposed
activity
Note: The Project Summary is usually part of the
label provided with all future reports.
E. Proiect methods or desi!!n
. Provide the specific activities required by the
proposed activity.
. Describe how it replaces, complements, or
coordinates with existing systems.
. If proposed activity is to be contracted to a third
party, describe contract-monitoring procedures.
. For each person or contractor responsible for
implementation, detail their knowledge and
experience directly related to the proposed
activity.
F. Proiect evaluation
. Describe specific objectives the proposed activity
will accomplish.
. Provide a timeline for activities.
. Describe the evaluation methods and tools used.
. Indicate who will collect data and provide reports
or information.
. Provide specific performance measures.
G. Future fundin!!:plan
. Describe what happens to the activity if state
funding is not available.
. Identify other funding streams associated with the
proposed activity or describe attempts to locate
alternative funding.
H. Proposed Bud!!et
The budget will be reviewed in light of the following:
. Cash match or in-kind contribution.
. Information on the reasonableness of costs.
. How well the budget reflects the proposal.
. Indirect cost percentage and the basis against
which the percentage is applied.
. Reasonableness ofbudgeted item.
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Budget Form
rant u 1get eport
GRANT BUDGET
EXPENDITURE CATEGORY PERIOD FY03
BudQet: 2-1-03 to 1-31-04
Direct Costs
1) Personnel (Total Number of FTEs: )
2) Frinqe Benefits
3) Travel
4) Equipment'
5) Supplies
6) Contract Services
7) Other(please specify)
Total Direct Costs
Indirect Costs2:
8) Indirect Costs ( %of 1
Total Indirect Costs
Total Proposed Costs
Less In-Kind Contributions (Provide List of Sources)
Less Cash from Other Sources (Provide List of Sources)
Total Project
Indigent Defense Grant Program
G B d R
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I Include list of equipment purchased, including the description and cost for each item.
2 Please refer to grant reporting defInitions.
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Grant Budget Definitions
All cost included in the budget must be necessary and reasonable to complete the proposed
activity. These definitions provide for allowable costs categories.
Grant Budget Period: February 1, 2003 through January 31, 2004.
Direct Costs:
Costs that can be identified with a particular final cost objective. In other words, those cost
directly associated with implementing the proposed activities.
Personnel: Costs incurred by a program for employees providing direct services of the program
and employees in support positions for those individuals providing direct services. No contract
employees are reported under this line item.
Fringe Benefits: The health, retirement, unemployment tax, social security match and other
benefits paid by an employer to or on behalf of employees.
Travel: Hotel, oil/gas, automobile expenses, mileage, airfare, and other expenses paid for an
employee (or reimbursed to an employee) to conduct the activities of the program or activity.
Mileage and travel expenses for contractors are not included in this category.
Equipment: Items that cost in excess of $1 ,000 and that have a useful life of more than one year.
Supplies: Materials and other consumable items needed to operate a program. General office
supplies that do not accrue value and cost under $1,000.
Contract Services: All costs associated with the provision of services by a contractor (itemize).
Other: Any other cost associated with a program or activity proposed under this grant. Other
costs must be specified.
Total Direct Costs: The total ofreasonable expenses estimated to be incurred as a result of the
operation of an indigent defense program or expenditure to support indigent defense processes
funded with this grant.
Indirect Costs:
Indirect costs are those costs: (a) incurred for a cornmon or joint purpose benefiting more than
one cost objective, and (b) not readily assignable to the cost objectives specifically benefited,
without effort disproportionate to the results achieved. The term "indirect costs," as used herein,
applies to costs of this type originating in the grantee department, as well as those incurred by
other departments in supplying goods, services, and facilities. To facilitate equitable distribution
of indirect expenses to the cost objectives served, it may be necessary to establish a number of
pools of indirect costs within a governmental unit department or in other agencies providing
services to a governmental unit department. Indirect cost pools should be distributed to benefited
FY 03 Task Force on Indigent Defense Discretionary Grant
Page 9 of 13
167
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cost objectives on bases that will produce an equitable result in consideration of relative benefits
derived.
Examples would include financial services, human resources and other functions that support
single and multiple county proposals. The Task Force may approve indirect costs in an amount
not to exceed ten percent of the approved direct costs in the grant award, W11ess the grantee has
an approved cost-allocation plan. If the applicant has a cost-allocation plan, the applicant should
indicate the indirect cost rate in the allocation plan as part of the application. The Task Force
may request documentation to verify approval of the grantee's indirect cost rate and may reject
any approved cost-allocation plan it believes is excessive.
"Cost allocation plan" means central service cost allocation plan, public assistance cost allocation
plan, and indirect cost rate proposal.
VII. REpORTING REQUIREMENTS
o County or counties must cooperate with data collection and monitoring efforts of the
Task Force.
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o The official designated as Program Director by the grantee county is responsible for the
reporting requirements ofthe grant.
o In accordance with TAC RULE 9173.311 Each grantee must submit reports regarding
grant information, performance, and progress towards goals and objectives in
accordance with the instructions provided by the Task Force or its designee. To remain
eligible for funding, the grantee must be able to show the scope of services provided
and the impact and quality of those services.
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FY 03 Task Force on Indigent Defense Discretionary Grant
Page 10 of 13
168
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Sample Resolution
Indigent Defense Discretionary Grant Program (FY03)
WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are
eligible to receive grants from the Task Force on Indigent Defense to provide improvements in
indigent defense services in the county; and
WHEREAS, this grant program will assist the county in the implementation of the provisions
of the Fair Defense Act and the improvement of the indigent criminal defense services in this
county; and
WHEREAS, County Commissioners Court has agreed that in the
event of loss or misuse of the funds, County Commissioners assures
that the funds will be returned in full to the Task Force on Indigent Defense.
NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is
designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant
application for the Indigent Defense Discretionary Grant Program and all other necessary
documents to accept said grant; and
BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and
Contact Person for this grant and the County Auditor/County Treasurer is designated as the
Financial Officer for this grant.
!
,.
Adopted this
day of
,2002.
County Judge
Attest:
County Clerk
FY 03 Task Force on Indigent Defense Discretionary Grant
Page II of13
169
INDIGENT DEFENSE GRANT PROGRAM
ACKNOWLEDGMENT
The undersigned have submitted or will submit on or before January 1, 2003 the indigent defense
planes) to the Office of Court Administration, pursuant to Texas Government Code Section
71.0351, covering adult defendants and juvenile respondents in the district and county courts of
County. We hereby acknowledge that the plans comply with the Fair
Defense Act. Further, the plan(s) comply with each ofthe following specific requirements of the
Fair Defense Act.
:>> The plan(s) specify that each accused person will be brought before a magistrate
within 48 hours of arrest for proceedings under Article 15.17 of the Code of
Criminal Procedure.
:>> The plan(s) specify that when an eligible defendant submits the required
documenls for the appointment of counsel, the request and documents required
will be transmitted to the appointing authority within 24 hours of the request.
:>> The plan(s) specify that the appointing authority will appoint counsel for eligible
defendants within one working day of receiving the request (counties with
population of 250,000 and above) or within three working days of receiving the
request (counties with population under 250,000).
:>> A copy of all formal and informal rules and forms that describe the procedures
used in the county to provide indigent juvenile respondents with counsel in
accordance with the Code of Criminal Procedure and Family Code Chapter 51
have been adopted by the courts and juvenile boards and have been submitted
or will be submitted to the Office of Court Administration on or before January 1,
2003.
:>> The county has adopted an attorney fee schedule in accordance with Article
26.05, Code of Criminal Procedure that addresses the fOllowing issues:
The plan(s) specify a schedule of attorney fees that covers all
criminal cases for which punishment by incarceration may be
imposed.
The planes) specify procedures for payment of expenses, including
expert and investigator fees, incurred with prior court approval.
The plan(s) specify procedures for payment of expenses, including
expert and investigator fees, incurred without prior court approval.
FY 03 Task Force on Indigent Defense Discretionary Grant
Page 12 of 13
170
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The plan(s) specifies that no payment shall be made until the form for
itemizing the services performed is submitted to the judge presiding
over the proceedings and the judge approves the payment.
~ The county has adopted an attorney selection method in accordance with the
Code of Criminal Procedure that specify that attorneys are selected using (check
all that apply):
o A default rotation system substantially as described in Article
26.04(a);
o A public defender system substantially as defined in Article
26.044; or
o An alternative selection method that has been formally
established by vote of two-thirds of either county or district
judges.
Notice: Not later than January I of each year every county is mandated by the Texas legislature
to submit a copy of its county indigent p1an(s) and procedures. Funds awarded under this grant
may be withheld if the indigent defense planes) do not contain specific provisions addressing
each of these requirements.
Acknowledged and Approved:
Printed Name and Title
Signature of Local Administrative
District Judge / District Judge'"
Date
Printed Name and Title
Signature of Local Administrative
Statutory County Court Judge I County Judge*
Date
Signature ofChainnan or Juvenile Board'"
Date
Printed Name and Title
* Jurisdictions in Texas have different court configurations. The person(s) responsible for
development and submission of indigent defense plan(s) within a jurisdiction should sign in the
proper lines above. Each line must contain a signature of the appropriate authority. The same
person may sign more than once.
FY 03 Task Force on Indigent Defense Discretionary Grant
Page 13 of 13
171
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TEXAS TASK FORCE ON INDIGENT DEFENSE
CHAlR:
THE HONORABLE SHJ\RON KELLER
Presiding Judge, Court of Criminal Appeals
DIRECTOR
MR. JAMES D. BETHKE
VICE CHAIR:
THE HONORABLE OLEN UNDERWCX)(J
August 22, 2002
FY03 Discretionary and Formula Grants Application Training
The Task Force on tndigent Defense staff wili be providing training regarding the FY03 Formula and
Discretionary Indigent Defense Grant Applications. The Formula Grant Application Kits have been mailed to ali
constitutional county judges and is available on our website www.courts.state.tx/tfid. Discretionary Grant
Applications kits wili bemailedtocountiesonoraboutSeptember3.2002.This training wili provide useful
information ccunty officials need to ccmplete the grant applications issued by the Task Force. Task Force staff
will provide procedures in completing formula and discretionary grant applications and address other questions
and concerns related to the grants for Indigent Defense selVices. You are invited to attend one of the following
sessions near your area.
Who Should Attend: Constitutional County Judges or designees, County Auditors and/or Treasurers,
interested District and Statutory Judges, or other county officials responsible for completing grant applications.
This training is not mandatory to apply for FY03 grants.
Who may attend: All county officials, court coordinators, and members of the public. Seating is limited so
please register.
AUSTIN:
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Wednesday, September 4~
Supreme Court Courtroom
Tom C. Clark Building
205 West 14~Street, 1"fioor
Parking is available State Visflors Garage, 1:f' Street and San Jacinto.
1 :00 PM - 3:00 PM
Some street parking is available.
HUNTSVILLE: Thursday, September 5~ 9:00 AM - 12:00 PM
Kerper Courtroom Auditorium
Sam Houston State Univ. Beto Criminal Justice Center
816 17~ Street
Parking is available in the University Hotel parking lot and the North side of CJC
LUBBOCK: Tuesday, September 1 O~ 9:00 AM - 12:00 PM
916 Main Street - Seccnd fioor auditorium
Parking is available East of courthouse and some street parking is available.
LAREDO: Tuesday, September 24~ 9:00 AM - 12:00 PM
Webb County Courthouse
1110 Washington Street Conference Meeting Room 1-A
Limited Street parking available
TYLER: Thursday, September 26~ 8:30 AM - 10:30 AM
100 N. Broadway. 1" Floor Courtroom
Smith County Courthouse
Limfled street parking available
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205 WEST 14TH STREET, SUITE 600' TOM C. CLARK BUILDING
P. Q. Box 12066' Austin, Texas 787lt-2066
Toll Free 866-499-0656 or 512-936-6994
Fax 512-475-3450
www.courts.state.tx.us/tfid/
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Task Force on Indigent Defense Grant Application Training
Registration Form
Please register by retum fax for the conference you want to attend. This is necessary to ensure that we
do not register more people than the meeting rooms will accommodate. Please register promptly to
reselVe your seat. '.
l!We will attend the following session:
Check one (the same basic material will be presented at each ccnference)
o Austin - September 4,2002 fJ Huntsville - September 5,
o Lubbock, September 10, 2002
o Tyler - September 26, 2002
o Laredo - September 24, 2002
Count:
Name:
Please list the name of
each person from your
county that will attend
and their title/position.
County Address:
Primary contact in the
event of meeting
change:
Telephone:
Fax:
Questions or Comments?
Call Bryan Wilson (512) 936-6996 or e-maii brvan.wilson@ccurts.state.tx.us.
RETURN THIS REGISTRATION BY FAX TO:
512-475-3450
OR E-MAIL TObrvan.wilson@courts.state.tx.us
BOARD APPOINTMENTS BY COMMISSIONERS' COURT
Commissioner Galvan felt each commissioner should a~point
one members each to the Airport Board and the Memor~al
Medical Center board. Henry Barber explained the
appointments to E-911.
A Motion was made by Commissioner Galvan and seconed by
Commissioner Floyd to reduce the number of members to the
Airport Board to five and five members and the doctor on
the Memorial Medical Center Board of Trustees with
appointments to be made by each member of the Court and to
work out the process at the expiration of terms.
Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
COUNTY EMPLOYEES' HEALTH INSURANCE
No action was taken by the Court.
173
DONATIONS TO CALHOUN COUNTY LIBRARY
A Motion was made by Commissioner Finster and seconded by
Commissioner Galvan to accept the donations to the Calhoun
County Library as listed. Commissioners Galvan, Baljaka,
Floyd, Finster and Judge Marshall all voted in favor.
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Calhoun County Public Library System
(361) 552-7323
200W. Mahan
Port Lavaca, Texas 77979
The following materials have been donated to the Calhoun
County Public Library System during the months of August &
September 2002
Books
50 books
I book
13 books
3 books
234 books
1 book
25 books
1 book
1 book
101 books
22 books
1 book
1 book
88 books
Donor
~ McGrath
Doris Wyman
University of Texas Press
Linda Wiggins
Unknown
Dalissa Flisowski
Marsha Buller
Mae Belle Cassle
Norma Hopkin Stewart
Curtis Foester
Carol Smith
Shirley Schuenemann
Mrs. JohnMeitzen
Shu~ Ting Tsai
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Paoerbacks
4 paperbacks
1 paperback
422 paperbacks
1 paperback
2 paperbacks
77 paperbacks
21 paperbacks
I paperback
Doris Wyman
Joyce Smith
Unknown
Joanne Lundin
Mae Belle CassIe
Curtis F oester
Bill Martin
Shirley Schoenemann
Audios
3 audiobooks
12 audiobook
16 audiobooks
Video!
8 videos
13 videos
4 videos
1 video
Beth Bone
Dana Perez
Unknown
Beth Boone
Jady Weaver
Unknown
Angie Burgio
Ma~azines
160 maga1ines
15 magazines
16 magazines
17 magazines
30 magazines
115 magazines
16 magazines
9 magazines
200 magazines
Harry Snowdy
Bonnie Rogers
Unknown
Marsha Buller
Harold Evans
Teresa Wu
Jack Huang
Frances W:LSeID.8D.
Shu.Ting Tsai
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Other
$176
$100
1 Texas Flag
Formosa Plastics
Alcoa
David Weber with Gene
Seaman's Office
174
CALHOUN COUNTY LIBRARY - SURPLUS/SALVAGE
A Motion was
conunissioner
items of the
made by Commissioner Finster and seconded by
Galvan to declare the following designated
Calhoun County Library as surplus/salvage.
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Calhoun County Public Library System
(361) 552-7323
200 W. Mahan
Port Lavaca, Texas 77979
August & September 2002
I would like the following items to be declared Surplus
1,284 Books
1,672 Paperbacks
602 Magazines
7 Audiobooks
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I would like the following items to be declared Salvage
544 Books
173 Paperbacks
493 Magazines
6 Videos
3 Audiobooks
In discussion, Commissioner Balajka asked that a letter be
send to all department heads regardin9 partition in the
Chamber of Commerce Auction. Commiss~oners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
DISTRICT CLERK - JP #5 - SAFETY REPRESENTATIVE - MONTHLY
REPORTS
The District Clerk, JP #5 and the Safety Representataive
presented their monthly reports for August, 2002 and after
reading and verifying same, a Motion was made by
Commissioner Finster and seconded by Commissioner Balajke
that said reports be acce~ted as presented. Commissioners
Galvan, Balajka, Floyd, F~nster and Judge Marshal all
.voted in favor.
DONATIONS TO ADOPT-A-BEACH PROJECT AND CALHOUN COUNTY
MUSEUM
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A Motion was made by Commissioner Balajka and seconded by
Commissioner Finster to accept the $2000 donations to the
Adopt-A-Beach Project and the $450 donations to the
Calhoun County Museum as shown below. Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all
voted in favor.
175
ROGER C. GALVAN
..-11) u e
r/
6u;,/,,-,
Calhoun County Commissioner Precinct #1
211 S. Ann
Port Lavaca, TX 77979
(361) 552-9242
'~:---':~;::i
~~.;-:; . ~,0-
;';~..."'...
. (-;" '~
,*-.t
..""" .
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,.-----.
Fax (361) 553-8734
Pager (361) 579-7915
Mobile (361) 935-3552
September 23, 2002
TO: Judge A. Marsball
RE: Agenda Item
Please add the following line items to Commissioner's Court meeting
scheduled for Thursday, September 23, 2002.
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Discuss and take necessary action to accept donations for Adopt A Beach Project;
from the following:
Dow Chemical
Alcoa World Alumina
Ralston Leasing Service Inc.
$1,500.00
200.00
300.00
SinCerely/t:
Roger GiUV~~ty,
cc:
M. Balajka, Pct. #2
H. Floyd, Pet #3
K. Finster, Pct #4
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Ln SaUt Monument
Indirmola, Texas
176
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1211
COASTAL AREA CHARTER CHAPTER
AMERICAN BUSINESS WOMENS ASSOCIATION
P,o. BOX 862
PORT LAVACA, TX 77979
88-5021
1131
DATE~j f 102-
$ ;:{OQ OS
PAY C
TO THE' (\ ""'-
ORDER OF (1 Qj,..,J\u:h.. l J11' ~'\ J Lt...1/ '1j J.............-
~o llu-....d..w lVflU-.vv.-~ -tOoL
giBe
rmc:mation:ll. Bank
ofCorrunerce
_I _ ~--~Il'''~1"'
FOR ~,.",J;J, /;;.11. ~h
11'00 . 2 . .11' .:.. ~ W 50251:
DOLLARS fjJ::::-:::
; ooot:tt~~~'~
,
-".
....-
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VU)Jj
/ t- /l,/;).;;(c:J.//,:-j
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'0', ."WELLs:FARGO BANK TEXAS
"SIXTH AND MARQUETIE
MINNEAPOLIS, MN 55479
Payor:
WELLS FARGO BANK, /'i.A.
4TH AND PLUM STREETS
RED WING, MN 55066
75-46/919
3823670
Date 04/19/2002
Pay Amount $250.00***
Pay n_..,~TWO HUNDRED FIFTY AND XX /100 US DOLLAR*......
To The
Order or
'.'~/~~
'CALHOUN COUNTY MUSEUM
30LS ANN,
PO]l,T Lj\ VAC')., TX 77979
AuthOrized Signature
II'~82~b70ll' 1:09.900I,b51: 2O.b711'
BUDGET ADJUSTMENTS - DISTRICT ATTORNEY - COMMISSIONER
PRECINCT *2 - BUILDING MAINTENANCE (2) - COUNTY CLERK -
JAIL - SEADRIFT AMBULANCE OPERATIONS - INDIGENT
HEALTHCARE/COMMISSIONERS COURT - WASTE MANAGEMENT -
COMMISSIONER PRECINCT *1 - RiB PCT *2 - RiB PCT #4 -
CONSTABLE PCT #3 - EMERGENCY MANAGEMENT - SHERIFF -
GENERAL FUND - AIRPORT - LIBRARY TELECOMMUNICATIONS
CAPITAL PROJECT - MEMORIAL MEDICAL CENTER
A Motion was made by Commissioner Balajka and seconded by
commissioner Floyd that the following Budget Adjustments
be approved as presented. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor.
177
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BUDGET AMENDMENT REQUEST
APPROVED
SEP 2 6 2002
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BUDGET AMENDMENT REQUEST
Total for GENERAL FUND
NET CHANGE IN TOTAL BUDGET
AMENDMENT
AMOUNT REASON
(500) REIMBUSEMENT BY 3rd PARlY FOR DAMAGES TO SIGNS
500 (TREAS. RCPT #11845)
o
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APPROVED
SEP 2 6 2002
179
180
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: BUILDING MAINTENANCE
DATE: 9/24/02
BUDGET FOR THE YEAR: 2002
OVERTIME
TEMPORARY
Total for GENERAL FUND
AMENDMENT
AMOUNT
19 AS NEEDED FOR PAYROLL
(19)
o
-"'--'''fllllI
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NET CHANGE IN TOTAL BUDGET
APPROVED
SEP 2 6 2002
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II BUDGET AMENDMENT REQUEST II
To: Calhoun County Commissioners' Court
From: j]~~~~
(Department making this request)
Date: Cf'-/1-{J)/
Lf
I request an amendment to the ;uJaY budget for the
(year)
following line items in my department:
GL Account #
Amendment
Account Name Amount
-------------
------------------ -------------
IlO-13~o
/1 ()- fo"llf!,')lf
~ <(o~o>
* !}oJ ~
Net change in total budget
for this department is:
Other remarks/justification:
$
---c:>-
-------------
-------------
Reason
-------------------
d1~ l~~ .
+0 )\'%Y M4
c)h) (fV\... 1trJ:;-~
A
SEP 2 6 2002
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
181
BUDGET AMENDMENT REQUEST
GL ACCOU
1000-250-53020
1000-250-51610
1000-250-51910
1000-250-51930
1000-250-51940
1000-250-51950
182
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: COUNTY CLERK
DATE: 9/24/02
BUDGET FOR THE YEAR: 2002
Total for GENERAL FUND
NET CHANGE IN T TAL BUDGET
360
28
33
2
2
APPROVED
SEP 2 6 2002
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to
BUDGET AMENDMENT REQUEST
1000-180-63920
1000-180-64910
1000-180-64880
1 000-760-S161 0
1000-760-51620
1000-760-66498
1000-760-61310
1000-760-60360
1000-760-64670
1000-760-63530
JAIL
MISCELLANEOUS
PRISONER MEDICAL SERVICES
PRISONER LODGING OUT OF COUNTY
SHERIFF
OVERTIME
ADDITIONAL PAY-REGULAR RATE
TRAVEL OUT OF COUNTY
COPIER RENTALS
AUTOMOTIVE REPAIRS
PHYSICALS
MACHINERYIEQUIPMENT REPAIRS
Total for GENERAL FUND
CHANGE IN TOTAL BUDG
65 LINE ITEM TRANSFER
2.639
(2,704)
(758) REQUIRED BY PAYROLL
758
65 LINE ITEM TRANSFER
20
2,056
(141)
(2,000)
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SEP 26 2002
183
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: AMBULANCE OPERATIONS-SEADRIFT
DATE: 9/24/02
BUDGET FOR THE YEAR: 2002
AMENDMENT
AMOUNT
262 LINE? ITEM TRANSFER
(262)
APPROVED
SEP 2 6 2002
184
'7-
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tit
tit
BUDGET AMENDMENT REQUEST
Total for GENERAL FUND
NET CHANGE IN TOTAL BUDGET
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APPROVED
SEP 2 6 2002
(J
185
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: WASTE MANAGEMENT
DATE: 9/24102
BUDGET FOR THE YEAR: 2002
Total for GENERAL FUND
o
NET CHANGE IN TOTAL BUDGET
o
APPHO\/Ef5--'
--
SEP 2 6 2002
1.86
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II BUDGET AMENDMENT REQUEST II
To:
Calhoun county cornrnissioners'Court
eJL~ C~<"'~ fJ.J-:- #-J
(Department making this request)
From:
Date:
~'1lf 0 d..
.
I request an amendment to the 4oa~
year I
following line items in my department:
budget for the
GL Account #
l\mendment
Account Name l\mount Reason
------------------ ------------- -----------------
.5</<J -5399;J-.
..5tj.<J- 9~f{.O
-5''/0 IIOR50
5cf() 5"35 Jl6
.5<10.53.5/0
, -rtJO
~.3q
";;40
-
-
-
o
Net change in total budget
for this department is:
s ==~Q,=;:===
Other remarks/justieication:
[ understand l:hat my b~dget cannot be amended as requested until
Commissioners' Court approval is obtaLned. I
S ignat.ure of oU icial/department head: ./7'1/\ hi J )
. /(/ .y _-, JJ/fi. /.7-//( r/ &1</
Dat.e of Commissioners' Court approval:
Dal:..e p.osJ:ad to GeoeLal Ledger accoun t (s) :
187
BUDGET AMENDMENT REQUEST
AMENDMENT
AMOUNT
212 LINE ITEM TRANSFER
(212)
188
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APPFiOVED
SEP 2 6 2002
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BUDGET AMENDMENT REQUEST
,7'<' t G~ .
NET CHANGE IN TOTAL BUDGET
AMENDMENT
AMOUNT
100 LINE ITEM TRANSFER
(1.100)
1.000
o
-ffl",";.~
!!
[\PPROVED
SEP 2 6 2002
I~
189
13
BUDGET AMENDMENT REQUEST
AMENDMENT
AMOUNT
612 LINE ITEM TRANSFER TO PAY
(612) VICTORIA COMMUNICATIONS &
EMERGENCY VEHICLE EQUIPMENT CO.
INVOICES
APPF10VED
[~~~J
Total for GENERAL FUND
-'l!~'f~~~
~';''''J"i>.!' .-,c-.. .""-' "' ..
NET CHANGE IN TOTAL BUOGET
190
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IIBUDGET A.MERDMENT REQtJESTl1
From:
To: Calhoun County commissioners' Court
Emergency Management
(Department making this request)
Date:
September 20, 2002
following line items in my
2002
(year)
department:
I request an amendment to the
GL Account # Account Name
------------- ------------------
Program Supplies 630 53310
Radio Maintenance 630 65180
Mach Maintenance 630 63500
Net change in total pudget
for this department is:
other remarks/justification:
budget for the
Amendment
Amount Reason
--------~---- -------------------
see PO No. 24579
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..- -.-. _. -I
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S-p ^ 5 I
t, L 2002 I
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$
-0-
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of Official/department head:
Date of Commissioners' Court approval:
UI..J-?7A~l...__ico
Date posted to General Ledger account(s) :
191
11- - ~ - -, - u~: _....-, ---.. - - -..: '" . -::..=dI
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To: Calhoun County Commissioners' Court
From:
CALHOUN COUNTY SHERIFF'S DEPT.
(Depilrtment milidng ti,is request)
Date:
SEPTEMBER 18, 2002
following line items in my
2002
(year)
department:
budget for the
I request an amendmellt to tile
SUBTRACT (;~_~(;:(;:~~~~_L
FROM:
1\mendment
1\ccount H~me 1\mount Reason
UTILITIES <- 1,250.00 L-
- DEPUTIES
TRAVEL REIMBURSEMENT 1,000.00
760-66600
160-62640
760-53210
FORENSIC TESTING
760-66466
760-63740
MEAL ALLOWANCE
MAr.H';';'PA'R'T'~ ~ !=jHPPT,Y
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3,835.88
2,500.00
ADD TO 160-01020
760-53430
GEN OFFICE SUPPLIES'
LAW ENFORCEMENT SUPPLY
SEP 2 6 2002
Net chango in total budget
for thio department io:
$ -0-
--------.-----
--------.-----
other remarks/justification:
I understand that my budget cannot be a;nend'?n as requested until
Commissioners' Court approval is obtaine~. .~ ~.
Signature of official/department head: ~____
Date of Commissioners' Coutt approval:
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Date posted to General Ledger account(s):
1.92
/10
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: GENERAL FUND
DATE: 9/3102
BUDGET FOR THE YEAR: 2002
1000-800.98740
600 ADDITIONAL AMOUNT NEEOED
FOR PAYING AGENT FEES
1000-360-60640
(600)
Total for GENERAL FUND
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NET CHANGE IN TOTAL BUDGET
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I APPROVED
LSEP 26 m)
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SIGNATURE OF ELECTE
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193
II
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: AIRPORT
DATE: 9/24/02
BUDGET FOR THE YEAR: 2002
Total for FUND
l7. .,:'" ~~
NET CHANGE IN TOTAL BUDGET
1.94
AMENDMENT
AMOUNT
1.000 LINE ITEM TRANSFER
(1.000)
APPFiOVED I
SEP 26 1002 1
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BUDGET AMENDMENT REQUEST
AMENDMENT
AMOUNT
519 LINE ITEM TRANSFER
(319) (WITHIN TIF BOARD 10% LIMIT-NO
(200) TIF AMENDMENT REQUIRED)
Total for CAP. PROJ. FUND
'-"'~~"'t~f!D
NET CHANGE IN TOTAL BUDGET
~PPROVED
-----"
SEP 2 6 2002
18
1.95
190
BUDGET AMENDMENT REQUEST
""" TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: MEMORIAL MEDICAL CENTER
DATE: 9/3/02
BUDGET FOR THE YEAR: 2002
AMENDMENT
AMOUNT REASON
(600) ADDITIONAL AMOUNT NEEDED
FOR PAYING AGENT FEES
600
Total for FUND
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NET CHANGE IN TOTAL BUDGET
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APPfiOVED
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SEP 2 6 2002 I
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SIGNATURE OF EL TED OFFICIAUDEPARTMENT HEAD
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196
CALHOUN COUNTY, TEXAS
Unposted Budget Transactions. REVENUE ADJUSTMENTS FOR 9/26/02
BUD238 - BUDGET ADJUSTMENTS FOR 9/26/02
Fund Effective
Code Date Fund Title Transaction Description DeptTitle
1000 9/26/2002 GENERAL FUND POSTAGE REIMB. BY HOT REVENUE
CHECK RESTITUTION
1000 9/26/2002 GENERAL FUND REIMB. BY 3RD PARTY FOR REVENUE
DAMAGES TO SIGNS
Total GENERAL FUND
1000
6010 9/26/2002 MEMORIAL MEDICAL ADDmONAL AMOUNT NO DEPARTMENT
CENTER OPERATING NEEDED FOR P A YINO
AGENT FEES
Total MEMORIAL MEDICAL
6010 CENTER OPERATING
Report Total
Oatc:9/2410203:.5B:46PM
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GL Title
dJ
P~e.-2,
l i:.<<{lOf't--I-
) '1 -tor 0\S)
Increase
136.00
MISCElLANEOUS REVENUE
MISCELLANEOUS REVENUE
PATIENT REVENUES
500.00
636.00
0.00
APPR
SEP 2 6 2002
Decrease
0.00
600.00
600.00
600.00
Page:!
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CALHOUN COUNTY, TEXAS t;n
Unposted Budget Transactions. EXPEND.ADJUSTMENTS FOR 9126/02 0')
BU0238 . BUDGET ADJUSTMENTS FOR 9/26/02 ~
Fund Effective
Code Date Fund Title Transaction Description DeptTitle Decrease
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND
BRIDGE-PRECINCT #1
1000 9/26/2002 GENERAL FUND UNE ITEM TRANSFER ROAD AND CLEANING-INDlANOLA
BRIDGE.PRECINCT #1 PARKS
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 212.00
BRIDGE-PRECINCT #2
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND PIPE 212.00
BRIDGE-PRECINCT #2
1000 9/26/2002 GENERAL FUND REIMB. BY JRD PARTY FOR ROAD AND SIGNS 500.00
DAMAGES TO SIGNS BRIDGE-PRECINCT #2
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 1,100.00
BRIDGE-PRECINCT #4
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND TRAVEL IN COUNfY 100.00
BRIDGE-PRECINCT #4
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND UNIFORMS 1,000.00
BRlDGE.PRECINCT #4
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER CONSTABLE-PRECINCT #J LAW ENFORCEMENT 612.00
SUPPLIES
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER CONSTABLE-PRECINCT #J AUTOALWWANCES 612.00
1000 9/26/2002 GENERAL FUND FOR GENERATOR EMERGENCY PROGRAM SUPPLIES 250.00
MAINTENANCE PO#24579 MANAGEMENT
1000 9/26/2002 GENERAL FUND FOR GENERATOR EMERGENCY MACHINE MAINTENANCE 500.00
MAINTENANCE P0#24579 MANAGEMENT
1000 9/26/2002 GENERAL FUND FOR GENERA fOR EMERGENCY RADIO MAINTENANCE 250.00
MAINTENANCE PO#24579 MANAGEMENT
1000 9/26/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF OVERTIME 758.00
1000 9/26/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF ADDmONAL 758.00
PAY.REGULAR RATE
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF GENERAL OFFICE SUPPLIES 2,884.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MACHINERY 1,149.00
PARTS/SUPPLIES
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF LAW ENFORCEMENT 2,500.00
SUPPLIES
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF AUTOMOTIVE REPAIRS 2,056.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF COPIER RENTALS 20.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF FORENSIC TESTING 500.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MACHINERYIEQUlPMENT 2,000.00
REPAIRS
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MEALALWWANCE 1,485.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF PHYSICALS 141.00
1000 9/26/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF TRAVEL 1,000.00
REIMBURSEMENT.DEPUTI...
Date; 9124102 04:00:39 PM e e Page: 2 e
CALHOUN COUNTY, TEXAS
N Unposted Budget Transactions - EXPEND.ADJUSTMENTS FOR 9/26/02
0 BUD238 - BUDGET ADJUSTMENTS FOR 9/26/02
0
Fund Effective
Code Date Fund Title Transaction Description Dept Title GLTitle Increase Decrease
1000 9126/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF TRAVEL OUT OF COUNTY 65.00
1000 9126/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF UTILITIES 1,250.00
1000 9126/2002 GENERAL FUND ADDmONAL AMOUNT TRANSFERS TRANS.TO MEM.MED.CTR 600.00
NEEDED FOR PAYING FOR DEBT SERVICE
AGENT FEES
Total GENERAL FUND 18,241.00 17,605.00
1000
2610 912612002 AIRPORT FUND LINE ITEM TRANSFER NO DEPARTMENT BUILDING REPAIRS 1,000.00
2610 9/2612002 AIRPORT FUND LINE ITEM TRANSFER NO DEPARTMENT UTILITIES 1,000.00
Total AIRPORT FUND 1,000.00 1,000.00
2610
5121 9/2612002 CAPITAL PROJECT LIDRARY LINE ITEM TRANSFER NO DEPARTMENT PROJECT MANAGER 519.00
TELECOM 2001-02
5121 9/2612002 CAPITAL PROJECT LIDRARY LINE ITEM TRANSFER NO DEPARTMENT TRAINING 319.00
TELECOM 2001-02
5121 9/26/2002 CAPrr AL PROJECT LIDRARY LINE ITEM TRANSFER NO DEPARTMENT EQUIPMENT 200.00
TELECOM 2001-02
Total CAPITAL PROJECT LIDRARY 519.00 519.00
5121 TELECOM 2001-02
6010 9/26/2002 MEMORIAL MEDICAL ADDmONAL AMOUNT NO DEPARTMENT TRANS.FROM GENERAL 600.00
CENTER OPERATING NEEDED FOR PAYING FUND FOR DEBT SERVICE
AGENT FEES
Total MEMORIAL MEDICAL APPROVED 0.00 600.00
6010 CENTER OPERATING
Report Total SEP 26 2002 19,760.00 19,724.00
Date: 9124102 04:00:39 PM
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ACCOUNTS ALLOWED - COUNTY
Claims totaling $951,805.50 were presented by the County
Treasurer and after reading and verifying same, a Motion
was made by Commissioner F~nster and seconded by
Commissioner Galvan that said claims be approved for
payment. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Marshall all voted in favor.
ACCOUNTS ALLOWED - HOSPITAL
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Claims totaling $1,654,161.12 for Hospital expenses were
presented by the County Treasurer and after reading and
verifying same, a Motion was made by Commissioner Floyd
and seconded by Commissioner Galvan that said claims be
approved for payment. Commissioners Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor.
ACCOUNTS ALLOWED - INDIGENT HEALTH CARE
Claims totaling $162,237.62 for Hospital Indigent
Healthcare were presented by the County Treasurer and
after reading and verifying same, a Motion was made by
Commissioner Balajka and seconded by Galvan that said
claims be approved for payment. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
GENERAL DISCUSSION - CALHOUN COUNTY EMPLOYEES MANUAL
Commissioner Finster said the information on the Calhoun
County Employees' Manual and Non-compliance was received
from the Countr Auditor and sent to the State and an
attorney sent ~nformation on FLMA.
GENERAL DISCUSSION - INDUSTRY REPRESENTATIVE TO SOUTH
CENTRAL TEXAS REGIONAL WATER PLANNING GROUP. REGION L
Judge Marshall received a letter from the South Central
Texas Regional Water Planning Group. Nominations for an
industry representative from Region L are due October 14,
2002.8
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GENERAL DISCUSSION - ANNUAL BUDGET REPORTS
Commissioner Balajka inquired about the annual budget
reports. Judge Marshall replied she did not have them and
asked that they talk directly to the Commissioners who
will re-do and re-submit them.
GENERAL DISCUSSION - BRUCE KEATHLEY COMMENTS
Bruce Keathley, a citizen, guestioned the rate of taxes -
raising taxes and abating b~g business. Also small
businesses having problems getting certain permits. Judge
Marshall will check into th~s regarding County instances.
GENERAL DISCUSSION - BUILDING TO BE LOCATED AT FAIRGOUNDS
Sheriff Browning asked about the building to be located at
the Fairgrounds as reguested by the District Judges for
holding prisoners dur~ng court. Judge Marshall said Judge
Williams suggested bringing in only 5 prisoners to Court
at a time wh~ch would requ~re a smaller room.
Commissioner Galvan said court could not be held in
victoria County as suggested by Commissioner Finster as
the Clerk of the Court are not qualified to do work in
another county. Commissioners Balajka and Galvan will
work with Sheriff Browning and the District Judges on this
matter.
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THE COURT ADJOURNED AT 11:17 A. M.
201