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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. e 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 e 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 e 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. 1.26 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 ~ e 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 " e ,2002. SEA-DAN RANCHES, LTD. By: Sea-Dan, LLC, its General Partner e 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 s e COUNTY OF s 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 - e _ 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 ",.,~~"",. 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 . .' Witness my Hand and OffiqiaJ Saai . . , ',. ,-%~~$ TItle orTY~9'cif Document. . 2n:J...f Docum.ntDat.~/z.~;z.. - .' Slgnersotbarth tft ove - ."......:T.uJd ,,/ a. NrofPages <7 . Fj,~Wd<<p. . ' . 51{City Claimed by tlie Slgner(s): , . ./ndtvldual . _Attorney In Filet . --.l. ~ruate8(s} . uardlan/Canservator . Partnar(s) General. Wmlted" "~Corporat80fflcers " -----: "- -:-- -:-- This Form must be attached to the document described above. . ~ STATE OF TEXAS ~ 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"~~~~?~~ ~~";M" 'v/~~ ~~'"I:.flr,..~1( P{jQ;-..~~ !~r~"'* /l'\~\ -. . ~- i \~ J f ~ ~.. "f't OF ~ti-~/ $ ~-;. .Lf"'~XPIl\~;.~~ i" ~.1'1~ ..ttQ~~..~~~ ~II;:-~' 17, ... .\\~,,, "'1"1ID1l\~\\" GRANTEE'S MAILlNG ADDRESS: ~ t/--=, O~liC, State of Texas P.O. Box 177 Seadrift, Texas 77983 129 A FIELDNOTE DESCRIPTION FOR 1.305 ACRES OF LAND THE STATE OF TEXAS ~ COUNTY OF CALHOUN ~ e 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; e 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 e DATED: June 20, 2002 MOB/cpO 1267Afn.wps 130 e e e 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 131 e 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 CI 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 e (1) is found in Kerr County; 2 1.32 e e e (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 3 133 e 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. . e 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. e 4 134 e e e 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 5 135 e 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. 136 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. e 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. e e. 6 e e I- I I I 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 7 137 e 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: e 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. e 8 138 e e e 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! 9 $ 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 $ 40.00 139 e 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 e 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 e 10 140 e e e 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. 11 141 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 e 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. e 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; e 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. 142 I (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; _ (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. e (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. 2 1_ , 143 e (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. e 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 e 3 "144 management plan shall be considered supplementary to this order and have the effect of law during the time of disaster. e 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 e 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. e 4 145 e 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). e 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. e 5 1.46 e e e / ({~ <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~ ,.,-...~.\~. 0tSJ-Afud1f (\ \\ u: ~ ~~()'\l( 0.\" ", ......./"/ 'i, 0.' " . '. ('.^ 'I ....:.," ..b'~ ~ . /~ / ~''(;>'ri:,\.':(;~ ".\;\ .'~ ... ,., ~ v .. ''', .....,.. " -.1.;, .~/ t.~"II" ,.' 'li.,\.' . . ,~u '.: C ~}\\ ' 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. 6 147 e~. ~" J)!' ~",,'iff? TEXAS TASK FORCE ON INDIGENT DEFENSE 1-J-t. ~V~ e 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). e 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 e 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 e e e #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/>'>. '"" 149 e 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 e 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 e 150 e e e " 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/ 151 . e 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. - 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: e o Only counties are eligible to apply for grant funds. Application for Formula Indigent Defense Grant Program-TFID Page 2 of8 152 e e e , 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. Application for Formula Indigent Defense Grant Program-TFID Page 3 ofS 153 e 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. e 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. e Application for Fonnula Indigent Defense Grant Program- TFID Page 4 of8 154 e e e 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. Application for Formula Indigent Defense Gran! Program - TFID Page 6 ofS 155 e 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 e 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 e Application for Formula Indigent Defense Grant Program-TFID Page S ofS 156 ~ e I Ie Ie 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. . Application for Formula Indigent Defense Grant Program-TFID Page 7 of8 157 . W TEXAS TASK FORCE ON INDIGENT DEFENSE e 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. e 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 e 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 158 e e e 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/ 159 e 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: e 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. e FY 03 Task Force on Indigent Defense Discretionary Grant Page 2 of 13 160 - e e 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 Page 3 of 13 161 e 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. - FY 03 Task Force on Indigent Defense Discretionary Grant Page 4 of 13 t6Z e e e 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 Page 5 of 13 163 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: FY 03 Task Force on Indigent Defense Discretionary Grant Page 6 of 13 164 e e e 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. . . e 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. FY 03 Task Force on Indigent Defense Discretionary Grant e Page 7 of13 165 e 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 e I Include list of equipment purchased, including the description and cost for each item. 2 Please refer to grant reporting defInitions. e FY 03 Task Force on Indigent Defense Discretionary Grant Page 8 of 13 166 e e e 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 e 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. e 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. e FY 03 Task Force on Indigent Defense Discretionary Grant Page 10 of 13 168 e e e 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 'e e e e e e 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 e ~ W 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: e 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 e 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/ 172 e e e 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. e 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 e 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 e 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. e 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 e 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 I Ie 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 ..""" . . -. '" ~ . ,.-----. 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. e 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 e ~ 1 1 " Ln SaUt Monument Indirmola, Texas 176 I 'O' " !'I I \;i '~:~.. "- , '~ e ;t 'II . -..-.. ~- 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~~~'~ , -". ....- -;w- /! IJ / (}!}fJ I ~ / VU)Jj / t- /l,/;).;;(c:J.//,:-j ::~i;" '.; ir" ~~. -. e '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 e -1 BUDGET AMENDMENT REQUEST APPROVED SEP 2 6 2002 e e 178 e Ie e ~ 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 o 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 o NET CHANGE IN TOTAL BUDGET APPROVED SEP 2 6 2002 e 3 e e e e e 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 5- e e e e e 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) o 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- e e tit tit tit BUDGET AMENDMENT REQUEST Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET o o 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 e g e e e e e 10 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 o -~ o APPFiOVED SEP 2 6 2002 lie e e e e e 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 e e e e e e c' , Ilf 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 dJ U. UU ~~OO. DL>~ I ,,~~ , _n_ 'I Af""'" .J r-~ f""< { !;\/;1~:f ,. o' , ..- -.-. _. -I I S-p ^ 5 I t, L 2002 I -.J I I I $ -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 /) e 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 e J..n'-/ ,()0 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: e 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 "w1J " NET CHANGE IN TOTAL BUDGET o <.';'i "'"" o 4/~ I APPROVED LSEP 26 m) -------1 ~ SIGNATURE OF ELECTE e e 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 e e e e e e 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 ~~~~""P~~ .=,.... . ,~,.- .. V"" ".-':''"?:~'':;;rr;;;>. ". ., . ", NET CHANGE IN TOTAL BUDGET o APPfiOVED r-' I SEP 2 6 2002 I i G ~~~~ SIGNATURE OF EL TED OFFICIAUDEPARTMENT HEAD G 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 e e 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:! ~ a'"J ~ e 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 e - Page: 3 e 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 e 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 e 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. e THE COURT ADJOURNED AT 11:17 A. M. 201