2006-05-24
'Special May Term
Held May 24, 2006
THE STATE OF TEXAS
COUNTY OF CALHOUN
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BE IT REMEMBERED, that on this 24th day of May, A:.D., 2006 there was begun and holden in
the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca, said
County and State, at 9:30 A.M., a Special Term of the Commissioners' Court within said County
and State, and there were present on this date the following members of the Court, to-wit:
Michael J. Pfeifer
Roger C. Galvan
Michael J. Balajka
Neil E. Fritsch
Kenneth W. Finster
Wendy Marvin
County Judge
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Deputy County Clerk
Thereupon the following proceedings were had:
THE COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS WILL CONVENE IN
PUBLIC SESSION ON THE 24TH DAY OF MAY. 2006. TO TAKE UP FOR CONSIDERATION
AND POSSIBLE ACTION THE ADOPTION OF A COUNTY ROAD MAP PURSUANT TO
CHAPTER 258 OF THE TEXAS TRANSPORTATION CODE:
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to Accept the County
Road Map and sign the Order Adopting the County Road Map. Commissioners Galvan, Balajka,
Fritsch, Finster and Judge Pfeifer all voted in favor.
Court adjourned at 9:35 a.m.
In The
Calhoun County Commissioners Court
Order Adopting County Road Map
Pursuant to Chapter 258
Texas Transportation Code
Be it remembered, that on the 24th day of May
, 2006, after due
notice as required by law, the Commissioners Court of Calhoun County, Texas,
convened in a called session at 9: 30 a.m. in the Commissioners Courtroom,
Calhoun County Courthouse, to conduct the following business.
The Commissioners Court took up for consideration the Adoption of a final
County Road Map, pursuant to Chapter 258 of the Texas Transportation Code. In
this regard, the following statutory requirements and procedures have been
followed:
1. A notice listing those roads in which Calhoun County has an interest
as a public road maintained by Calhoun County was mailed with the
2005-06 ad valorem tax statement, as required by g258.005(a) of the
Texas Transportation Code. In addition, said notice also advised the
public:
a. Of the availability of a preliminary draft County Road Map being
available for inspection at the County Judge's Office in the
Calhoun County Courthouse, during business hours, beginning
December 1,2005, and
b. That an initial public hearing would be conducted at 10:00 a.m. on
February 23, 2006, at which time their protest, if any, would be
heard. /
2. Notice as required by g258.002(c) of the Texas Transportation Code
was additionally published in a newspaper of general circulation for
four consecutive weeks prior to the public hearing on the matter of the
adoption of a County Road Map.
Page 1 of5
Order Adopting Final County Road Map
3. On February 23, 2006, at 10:00 a.m. the Commissioners Court
convened in open session to receive public comment on the
preliminary draft County Road Map, including any written or oral
objections or protests to the preliminary draft County Road Map.
4. The Commissioners Court received written or oral objections to the
County Road Map on the dates established for the filing of such
objections or protests.
5. As a consequence of the receipt of objections to the proposed County
Road Map, the Commissioners Court appointed the following
individuals to serve on a Jury of View as authorized by S258.002(b)
of the Texas Transportation Code.
a. Phillip E. Gonzales
b. Rolando Reyes, Jr.
c. Dean Johnstone
d. Franklin Jurek, Foreman
e. Rayburn Haynie
On the 19th day of April, 2006, the Jury of View met and considered the
evidence presented to it on the following roads:
1. Objecting Party: Dan Cervenka
Road:
Falcon Point, Grid 87
Nature to Dispute: Mr. Cervenka claims that the road in question is a private
road, and that county maintenance has caused damage to his property by
flooding. Ine County contends that the road has long been a county
maintained road, and that the natural topography of the area has not been
altered by county road maintenance.
Disposition by Jury of View: The Report of the Jury of View, attached
hereto and incorporated herein by reference, holds that Calhoun County has
met the burden of proof required by Chapter 258 of the Texas Transportation
Code, and that Falcon Point road, as depicted in the County Road Map, be
retained as a county maintained road.
Page 2 of5
Order Adopting Final County Road Map
Therefore, having received the foregoing objections to the proposed County
Road Map, and the resolution of the same by way of a Jury of View, it is the
determination of the Commissioners Court of Calhoun County, Texas, meeting in
public session after due notice, and within the period of time permitted by
S258.002(e) of the Texas Transportation Code, that the final County Road Map, as
amended by the findings of the Jury of View, as set forth herein and attached to
this Order, should be Adopted.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the
Commissioners Court of Calhoun County, Texas" in accordance with the
provisions of Chapter 258 of the Texas Transportation Code, that the final County
Road Map, be and is hereby ADOPTED, APPROVED AND IMPLEMENTED in
accord with Chapter 258 of the Texas Transportation Code. The Calhoun County
Road Map shall be filed of record in the minutes of the Commissioners Court, and
the attached Notice of County Road Map shall be filed in the Deed Records of
Calhoun County, Texas.
IT IS FURTHER ORDERED that notice of this action shall be included in a
second notice as required by S258.005(b) of the Texas Transportation Code. As a
consequence of the Adoption of the adopted version of the County Road Map, a
two year period of limitations shall begin to expire on this date.
IT IS FURTHER ORDERED that any' road previously maintained by
Calhoun County, but not included upon the final County Road Map adopted by this
Order, shall henceforth be considered __as discontinued from any 'County
maintenance schedule, and shall no longer be maintained by Calhoun County.
This Order of discontinuance of maintenance shall not, however, serve to impair or
otherwise affect any private or public use of the right-of-way formerly maintained
by the County.
Page 3 of5
Order Adopting Final County Road Map
~ed this 24th Day of
C
. ssioner, Precinct 3
~t/..f~~
County Judg .
Page 4 of5
Order Adopting Final County Road Map
May
,2006.
%~~~.
'Commissioner, recinct 4
Attest:
B , Deputy
County CI , ex official Clerk of the
Commissioners Court
. .. . .::..:~. ,:..
NOTICE OF INTEREST IN ROADS
MAINTAINED BY CALHOUN COUNTY, TEXAS
Pursuant to Chapter 258 of the Texas Transportation Code, Notice is hereby
given that the Calhoun County Commissioners Court, on the ~4lh day of
MCUi ' 2006, after due notice and public hearing, did Adopt the Calhoun
County Road Map.
The Calhoun County Road Map contains a full and complete list of all
county roads maintained by Calhoun County on the date of adoption. Any party
wishing to contest the public status of the roads depicted on the Calhoun County
Road Map must do so by filing suit in the District Court of Calhoun County, Texas
no later than the second anniversary of the date of adoption of the Calhoun County
Road Map, said date being the;wh day of }v\C\4 ,2008.
The Calhoun County Road Map is filed of record in Vol. -=-, Page -
of the Calhoun County Minutes of the Commissioners Court.
Date: ~a.~ ~ I.<X OOto
Uum~ ~'--' J~Lcw1PjcJe.l/:...
Calhoun ounty Clerk '
Page 5 of5
Order Adopting Final County Road Map
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ITEM 1................................................................... ROAD PROTEST BY D. CERVENKA
ITEM 2............ ...... ........ ...... ......... ........................ ... ............. ............ .... ................. ..... . AFFIDAVITS (3)
EXHIBIT A.............. ......... ........... ................................... ... ....... ..........1954 SURVEY
ITEM 3.................................................................. lETTER TO FALCON POINT RANCH
ITEM 4.................................................................................. lETTER TO D. CERVENKA
ITEM 5.......................................................................................... RIGHT OF WAY DEED
ITEM 6..............................................................DRAWING SWAN POINT SUBDIVISION
ITEM 7........................................................... COMMISSIONER COURT MINUTES 1948
ITEM 8........................................................... COMMISSIONER COURT MINUTES 1951
ITEM 9........................................................... COMMISSIONER COURT MINUTES 1954
d
REPORT OF THE JURY OF VIEW
BE IT REMEMBERED, that on the 19th day of April, 2006, 2006, a Jury of View
authorized by Chapter 258 ofthe Texas Transportation Code was convened and sworn in,
pursuant to public notice, at 10:00 a.m. in the Commissioners Courtroom of the Calhoun
COtinty Courthouse, Port Lavaca, Texas.
The Jury of View was composed of the following individuals, who were
administered the following oath:
"1 do hereby swear or affirm that 1 will true answers give to such questions as may
be propounded to me pursuant to the provisions of Chapter 258 of the Texas
Transportation Code. 1 further swear or affirm that 1 have no specific interest in
the road identified as Falcon Point Rd, Grid 87 of the Calhotin County Road Map,
nor do 1 have such knowledge or familiarity with the objecting party, Dan
Cervenka, that 1 cannot give or render a fair verdict herein."-State "1 do"
M~mbers of the Jury of View:
1. Phillip E. Gonzales, 302 Holiday Lane #2, Port Lavaca, Tx 77979,361-552-8808
2. Roland Reyes, Jr., 262 Clegg Road, Port Lavaca, Tx 77979,361-552-5474
3. Dean Johnstone, 129 E. Main, Port Lavaca, Tx 77979,361-552-1930
4. Franklin Jurek, 556 Jurek Road, Port Lavaca, Tx 77979,361-552-9678, Foreman
5. Rayburn Haynie,301 W. Baltimore, Seadrift, Tx 77983,361-785-5781
After hearing evidence in a public hearing, and having considered the protest of
Dan Cervenka, filed of record pertaining to Falcon Point Road, Grid 87 of the County
Road map, and in conformity with the provisions of Chapter 258 of the Texas
Transportation Code, the Jury of View has determined by a majority vote that the
identified road, i.e. Falcon Point Road, Grid 87 of the County Road Map, be and the same
is hereby: (Strike one)
1. L Sustained and thereby retained on the County Road Map upon
satisfactory evidence as required by Chapter 258 of the Texas Transportation
Code of maintenance of said road by Calhoun County since a date prior to
1981.
Or
...2. Denied, and thereby removed from the County Road Map upon a
.-- fail11le of CalOOl:111 Cuuuty to esta'bli~h ~i:1iJ lUuJ as a com.l1)' maiRt~in~cl road
~('a]h01ni ('oUt:lty since a date priO! to 1981.
The following Comments are made in regard to this road for the information of the
Commissioners Court:
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A map of the road identified in this Report is attached to this Report, and incorporated
herein by reference.
-~
Said report being executed this 19th day of April, 2006 by the following members of
the Jury of View, voting in accord wi; this Report: ~_
1. ' 1 2~ . ~I'-- 'tf?
4.~~'
Attest:
County Clerk;
Calhoun County; Texas
Ex Officio Clerk, Jury of View
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IN THE COMMISSIONERS COURT
OF
CALHOUN COUNTY, TEXAS
ORDER APPOINTING MEMBERS OF JURY OF VIEW PANEL
PURSUANT TO CHAPTER 258, TEXAS TRANSPORTATION CODE
The Commissioners COUli of Calhoun County, Texas, acting in confolmity with the
provisions of Chapter 258 of the Texas Transportation Code, conducted a public hearing on
2/23/2006, after due notice, to receive objections to a proposed County Road Map.
Having received objections to the proposed County Road Map, the Commissioners Comi
is required by statute to appoint residents of Calhoun County to serve on a Jury of View as
provided by 9258.002(b), Texas Transportation Code. In confol1nity with this statutory duty,
each member of the Commissioners Court has nominated two individuals from their respective
jurisdictions to serve as prospective Jury of View members, as follows:
Precinct 1:
<'"
1Jame: Phillip E. Gonzales Name: Arthur Pina
Address: 302 Holiday Lane 112 Port Lavaca }."Address: 2001 Vail Port Lavaca 77979
Phone: 361-552-8808 77979 Phone: 361-318-8085
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Precinct 2:
/-N
ame: . Rolando Reyes Jr.
.A{ Address: 262 Clegg RoadPort Lavac.a--1.lJl79
Phone: 361-552-5474/552-7993
/Name: George E] der
Address: 1749 SC'hnol Rn::Jn Port La"aca(~77979
Phone: %1-')')7-')')')9
Precinct 3:
"'Name:
Address:
Phone:
Bernardo Garcia
114 Holiday Lane Port Lavaca
361-552-3342
..-&ame: Dean Johnstone
77979Address: 129 E . Main Port Lavaca':77979
Phone: 361-552-1930
5'
Precinct 4:
vName: Nathan Wooldridge
Address: 897 C'emet-e:ry Rd. Seadrift 77983
Phone: 361-785-4061
~alne: Jerry Weaver
Address: P.O. Box 682 Seadrift 77983
Phone: 361-785-3354
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County Judge:
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~1'Jan1e: Franklin Jurek
Address: 556 Jurek Road
Phone: 361-552-9678
Port Lavaca
~ame:
77979 Address:
Phone:
Rayburn Haynip
301 W. Baltimore Seadrift
361-785-5781
77983 S
The Jury of View Panel will repOli for service at 10:00 a.m. on 4/19/2006 at the
Commissioners Comiroom, Calhoun County Courthouse.
An Oath will be administered to the Jury of View panel, and a list of the protests received
at the Public Hearing will be announced, identifying both the protesting party, and the road in
dispute. Any member of the Jury of View Panel who has an interest in the road, or who does not
believe that they can render fair and impartial service on the issues coming before the Jury of
View will be disqualified. From the remaining panel, five members of the Jury of View will be
selected at random by drawing slips bearing the words "Jury of View Member). This process
will be used to insure that no member of the Jury of View has an interest in the outcome of any
protest coming before the Jury of View.
Members of the panel will be compensated in the manner provided by law for jury duty
in other cases.
Date: March 23, 2006
'-J'tkJ.J~ ~
Calhoun Count Judge
Attest:
Woo
~
ommissioners Court
PROTEST OF ROAD DEPICTED
ON COUNTY ROAD MAP
Pursuant to Article 258.002(b) of the Texas Transportation Code, "A commissioners court that proposes a ...
county road map under this section shall hold a public meeting at which a person asserting a private right,
title, or interest in a road in which the county has claimed the existence of a public interest may appear
before the commissioners court to protest the county's claim. A person asserting a private right, title, or
interest in a road may also file a written protest with the county judge at any time before the public
meeting."
The Calhoun County Commissioners Court has scheduled a public meeting on this matter for 2/23/2006,
at lO:OO a.m. in the Commissioners Courtroom, Calhoun Coilnty Courthouse. You may protest a road in
person, or in writing, by the use of this form. .:'
Name: f)f/,I/ (iTR.l/i-lVk'7
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Address: S~V4 v /1,........j. /?CI
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CIty: 2;::(:),?-<::"/", 1/'.
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State:
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Zip:
Phone'. . .oJ I ... \ C:;.LI r'.' _' --, --.. ~ 0
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I wish to protest the inclusion of the following road identified as: /~ J ~"o" /,~'; ., in the County
Road Map. This road is depicted on page fj "7 of the County Road Map.
The basis of my protest is as follows:
f),. 1,; )....~j'-l 41/)/;.:./.,.,,-, (,<) /J._..{
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Additionally, I am attaching a copy of the page depicting this road from the County Road Map, and have
marked that map to reflect my objection.
",
I (check one):
[ ] Request an opportunity to address the Commissioners Court on this matter.
[ ] Submit my protest by way of this written form.
Whether you use the written form, appear before the Commissioners Court personally, or both, your
protest will be taken up for consideration by the Commissioners Court.
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Date:
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Signature
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AFFIDAVIT OF 'bOftlJJ WilliliolS
(Resident)
STATE OF TEXAS
s
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KNOW ALL PERSONS BY THESE PRESENTS:
S
CALHOUN COUNTY
BEFORE ME, the undersigned authority, on this date personally appeared
UDr\LlJd \d"t WCUYl'S
1XJ' ~
"My name is Dt1.la
, who upon their oath stated as follows:
\~f i b I am in excess of eighteen years of age, of sound
mind, and competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address is {3c>')t&;SV I SElu~RIFr 7Z. I have personal knowledge of the
Calhoun County Road known as ~ \em \tIClt ~
dating
back
to
f"il R '- '/ 5&::.
I have routinely observed county equipment, operated by men I
knew to be Calhoun County employees, engaged in road maintenance on the road now known as
\1i \eo(\ ~if\tPal&.. ' including maintenance of the drainage ditches and the culverts
necessary for proper drainage of the road in question.
To personal knowledge, the Calhoun County Road known as
in its present location has been maintained by Calhoun Cowity since
EIIRLY S/J .~.
Calhoun County has maintained both the traveled portion of the roadway,
which is approximately -L feet in width, but also the maintenance easement, which is
-
approximately ~feet on either side of the roadway, for a total of approximately
'K-
,
feet in width.
Calhoun County has maintained drainage ditches to keep thy road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would at times be impassable, and over time, the entire road would be lost. County
maintenance of this road is critical to the long term use and enjoyment ofthe public.
.* ~e (C-+l-uJ'fJ slU.rrveL1.- f=xh; h ; .~ ,~
The Calhoun County known as ~\tof\ QQ'l nt~MJ. is a well defined road with well
defined boundaries on either side. The entire maintenance area, including both the road bed and
the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the road, including the area that is mowed to maintain sight-lines, drainage of the
road by ditches or berms, and the area necessary to turn maintenance equipment. This area is
necessary for proper road maintenance, and during the more than 5"0 'If( 5.
years of my
knowledge of this Calhoun County Road, the maintenance area in question has been generally as
it appears today, with the County maintaining both the road bed as well as the area necessary for
road maintenance.
1~a.2cL ViA Mzn.
Name: .
SUBSCRIBED AND SWORN before me, to witness which my hand and seal are hereby
attached this----k-day of ~\r~ \ ',2006.
..:---"'~Y~Pu"\\,
ff'",~....._......6>< ", PAULA MONCRIEF
;,~o./' ......"O',}
i i * \ . ~ NOTARY PUBUC.
\ . \ / 'j S'L<\TE OF TEXAS
'11",f;~l:'."h"""""<~ V My Commission Exp. Mar. 13, 2008
II, 12 Of 1:~ _- .
\\'\'\.'\.'\."............--
NOTARY PUBLIC, STATE OF T S ('
PRINTED NAME: Rtula.. rY\o fer
COMMISSION EXPIRES: ~- \ 3~b<6
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AFFIDAVIT OF
(Resident)
STATE OF TEXAS
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KNOW ALL PERSONS BY THESE PRESENTS:
S
CALHOUN COUNTY
BEFORE ME, the undersigned authority, on this date personally appeared
lh\\y 'W~fY\ trdtn
"My name is
mind, artd competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address is ~3 ~ )" \)\f'~.tI..J ~~e...
I have personal knowledge of the
Calheun County Road known as
dating back to
.~C\t53>
I have routinely observed county equipment, operated by men I
knew t6 be Calhoun County employees, engaged in road maintenance on the road now known as
, including maintenance of the drainage ditches and the culverts
necessary for properdraitiage of the road in question.
To my personal knowledge, the Calhoun County Road known as
t in its present location has been maintained by Calhoun County since
\QS~
. Calhoun County has maintained both the traveled portion of the roadway,
which is approximately ~ feet in width, but also the maintenance easement, which is
approximately ~feet on either side of the roadway, for a total of approximately *'
feet in width.
Calhoun County has maintained drainage ditches to keep the road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would at times be impassable, and over time, the entire road would be lost. County
maintenance of this road is critical to the long term use and enjoyment of the public.
.'*- See Of-\-tcuJ~-ect S lJfV[G\ ~ [S;( \'\1 bi t l\-
r
~. Had
The Calhoun County known as ~\ed\ ?()I I"tt.' 'is a well defined road with well
defined boundaries on either side. The entire maintenance area, including both the road bed and
the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the road, including the area that is mowed to maintain sight-lines, drainage of the
road, by ditches or berms, and the area necessary to turn maintenance equipment. This area is
necessary for proper road maintenance, and during the more than t5 ~
years of my
knowledge of this Calhoun County Road, the maintenance area in question has been generally as
it appears today, with the County maintaining both the road bed as well as the area necessary for
road maintenahce.
~~~ W ,~~
Name:
SUBSCRIBED AND SWORN before me, to witness which my hand and seal are hereby
attached this ~ day of ~i ., 2006.
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A~;*'~""""""""'~~f\
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PAULA MONCRIEF
NOTARY PUBLIC.
ST.A.TE OF TEXAS
My Commission Exp Mar. 13. 2008
Affidavit for former Commissioner or Road Crew members:
STATE OF TEXAS
9
9
KNOW ALL PERSONS BY THESE PRESENTS:
9
CALHOUN COUNTY
BEFORE ME, the undersigned authority, on this date personally appeared
C)8'ttL-Htt/hn , who upon their oath stated as follows:
i "My name is ()s{!J1 {-8a...hn . I am in excess of eighteen years of age, of sound
mind, and competent to make this affidavit. I have personal knowledge of the matters stated in
this affidavit, and all such matters are true and correct to my personal knowledge.
My address i&..fY?b- tP lei 5"ttbl':(/ flte~. I have personal knowledge of the
. p t> d !,},Il V'll "- f ~ .7 ~f' 1h1
Calhoun County Road known as 'hi ',on I (It '. Ll dating back to
/9~'3
_lcfu\i\\~'l oner
Between 19 (;3 and I? ff I served as
for Precinct -4- of Calhoun County. In this capacity, it was my
responsibility to maintain roads in my precinct. I can state with personal knowledge that the
CaThounColintyRoad noW known as \=d t~J)f\ Rain} Rad was regularly and routinely
maintained by Calhoun County, and in this process we used county equipment, operated by men
employed by Calhoun County to conduct this road maintenance. Maintenance of this road
included not only work on the traveled portion of the road itself, but maintenance of the drainage
ditches and the culverts necessary for proper drainage of the road in question, mowing the right
i!
of way to maintain clear sight-lines of comers and along the length of the road, and to remove-
debris and other ordinary maintenance necessary for a safe and suitable road.
To my personal knowledge, the Calhoun County Road known as
}i\CiJ{) ?Vl n+ ~in its present location has been maintained by Calhoun County since
1975
. Calhoun County has maintained both the traveled portion of the roadway,
which is approximately L feet in width, but also the maintenance easement, which is
1, See . Cl-+t-ttcheJ SU{Vttj.- lXh;bil r\
approximately ~ feet on either side of the roadway, for a total of approximately 1feet in
width.
Calhoun County has maintained drainage ditches to keep the road properly drained, and
in addition, there are county installed culverts passing under the road to transmit water from the
road. Without proper maintenance of the drainage ditches which keep the road free of water, the
road would at times be impassable, and over time, the entire road would be lost. County
maintenance ofthis road is critical to the long term use and enjoyment ofthe public.
The Calhoun County Road known as ~iS a well defined road with
well defined boundaries on either side. The entire maintenance area, including both the road bed
and the maintenance easement for the road, is readily apparent to the eye. The road maintenance
easement includes the area occupied by the roadbed itself, but also that area used by the County
to maintain the toad, including the area that is mowed to maintain sight-lines, drainage of the
road byditthes ~rberms, and the area necessary to turn maintenance equipment. This area is
necessary for prop'er road maintenance, and during the more than :1L years of my knowledge
of this Calhoun County Road, the maintenance area in question has been generally as it appears
today, with the County maintaining both the road bed as well as the area necessary for Toad
maintenance.
~flq4/ .7 ~~
ame: . .
SUBSCRIBED AND SWORN
attached this 2 day of
~~t.. .!r.~~~\ EODlfe. BUEHRING
4't_ \ '; Notary Public
*. j*} State of Texas
~lP"' ~-';;i My Commission Expires
...'?'....... September 12, 2008
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Michael J. Pfeifer Calhoun County Judge
21] South Ann Street ~ Port Lavaca, Texas 77979
(361) 553-4600 ~ Fax (361) 553-4444 ~ Email: calhoun@tisd.net
March 24, 2006
~COpy
Falcon Point Ranch
Attn: William Ball
P.O. Box 792
Seadrift TX 77983
Re: Jury of View Hearing; H.B. 1117
Swan Point Road
Dear Mr. Ball,
A Jury of View shall convene at 10:00 a.m. on the 19th of April, 2006 at the Calhoun
County CoUrthouse, Commissioners' Courtroom. The dispute concerns the public nature
of Swan Point Road, Grid 87 of the proposed Calhoun County Road Map.
You are being notified as a landowner who may be affected by the outcome of the Jury of
View. This is an open, public meeting, at which the public has a right to attend.
The determination of the Jury of View is binding upon the Commissioners' Court, and as
a consequence of the Report of the Jury of View, the Commissioners' Court shall revise
the proposed county road map prepared in conformity with Chapter 258 of the Texas
Transportation Code to conform to the Jury of View findings.
Should you have any questions concerning this matter, please do not hesitate to contact
either my office or Commissioner Finster.
Sincerely yours,
,~~
Michael 1. Pfeifer
Calhoun County Judge
CC: Robert T. Bass, Allison Bass & Associates, L.L.P.
ROBERT 1'. BASS
r.bass@allison-bass.colll
ALLISON, BASS & ASSOCIATES, L.L.P.
~OIU'<U~' at .fw.v.
A. O. WATSON HOUSE
402 WEST 12T11 STREET
AUSTIN, TEXAS 78701
'aw@allison-bass.CflIll
(512) 482-0701
FAX (512) 480-0902
RECEIVED
MAR 2 2 2006
V Ai'';ESSA A. GONZALEZ
. \'.gonz~llcz@.llIison.bass.com
JAMES P. ALLISON
j.a II isH n@'lllison-bass.colll
Porn/A F. BOSSE
II.bllssc@allislln-bass.clll11
March 20, 2006 n
Dan Cervenka
Swan Point Rd
Seadrift, Tx 77983
Re: Jury of View Hearing; H.B. 1117
To Whom It May Concell1:
NOTICE OF HEARING BY THE JURY OF VIEW
By Authority of 9258.002 of the Texas Transportation Code, the Commissioners Court of
Calhoun County, Texas has heretofore appointed ten individuals, from which number a Jury of
View composed of five property owners who have no interest in the outcome of the protest to
certain Calhoun County roads shall serve. This Jury of View shall detennine, by a majority vote
after public hearing and an examination of the evidence, the validity ofthe County's claim of the
existence of a public interest in a road which has' been the subject of a written protest by a person
asserting a private right, title or interest in said load. The detennination of the Jury of View is
binding upon the Commissioners COUli, and as a consequence of the Report of the Jury of View,
the Commissioners Court shall revise the proposed county road map prepared in conformity with
Chapter 258 of the Texas TranspOliation Code to. COnf01l11 to the Jury of View findings.
The Jury of View shall convene at 10:00 a.m. on the 19th day of April, 2006, at the
Calhoun County Courthouse, Commissioners Courtroom, to conduct its business. Those persons
who have previously filed an objection to the COlmty Road Map are hereby notified to attend and
present evidence to the Jury of View respecting their claim of a private right, title or interest in
the disputed road.
As a person who has filed a protest to a road depicted in the proposed County Road Map,
you are entitled to appear on the date and time set forth in this Notice, and to present evidence to
the Jury of View regarding your claim. The hearing will be conducted in an orderly manner, as
follows:
1. The County, having the burden of proof, will present it's evidence regarding the
road in dispute. This evidence may be composed of documents, affidavits,
photographs or other fonns of oral or written evidence.
2. You will be given an opportunity to present your evidence, which shall also be in
either written or oral form. ,
3. The County will be given an opportunity to rebut, since it has the burden of proof.
4. There is no presiding officer, as sLlch, to rule on the admissibility of evidence, so
no f0ll11al rules of legal evidence wi 11 be followed.
5. Time is limited, so you should be prepared to present your evidence in clear and
organized form. Generally, presentations should take no longer than 15 minutes
per side.
6. ~258.002(b) of the Texas Transportation Code, provides that "A county has a
valid claim of the existence of a public interest in a road if it provides written
records or other information documenting the county's continuous maintenance of
the road beginning before September 1,1981." The Jury of View will be asked
to answer this question regarding each road in dispute. An affill11ative answer
will result in the road being retained in the proposed County Road Map. A
negative answer will result in the road being removed from the proposed County
Road Map, and county maintenance of the road being discontinued.
Sincerely,
Robert T. Bass
RTB/slc
cc: Calhoun County Commissioner's Court
L
.
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CALHOUN
M. CAMPOS
COUNTY9 TEXAS
ABSTRACT 4
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LEGEND
LOCATION OF COUNTY ROAD BASED
ON PLAT PREPARED BY LOCKWOOD &
ANDREWS DATED JULY 28TH. 1954.
l\ \ \ \ ~ ACTUAL LOCATION OF COUNTY ROAD
EXHIBIT
usi
URBAN
SURVEY I NG. I NC.
VICTORIA. TEXAS
1361 I 518-9831
SCALE: ,. = '00'
JOB NO. 515150
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CALHOUN
M. CAMPOS
COUNTY9 TEXAS
GRANT 9 ABSTRACT 4
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LEGEND
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__ - - _-..I
LOCATION OF COUNTY ROAD BASED
ON PLAT PREPARED BY LOCKWOOD &
ANDREWS DATED JULY 28TH. 1954.
l\ \ \ \ ~ ACTUAL LOCATION OF COUNTY ROAD
EXHIBIT
lEi
URBAN
SURVEY ING. INC.
VICTOllIA. TEXAS
Cl611 578-9837
SCALE: l' = 100'
JOB NO. 515150
County Maintained Road
Other Road
Grid Line
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95 21-Nov-2005
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Calhoun County, Texas
. 78 Scale 1 in = 2000 ft
---
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Numbers Along Margins reflect
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DEED .OF CONVEYAN CE
T ~ M. BENNETT . 'ID CALHOmi COUN TY
RIGHT OF WAY DEED
FILE #47683
THE STA. TE OF TEXAS I
COUNTY OF CALHOUN I
That I, T. M. Bennett, for and 1n consideration of the sum of9no and NO/100 Dollars
KNOW ALL MEli BY THESE PRESEIiTS:
and other valuable considerations, to me in hand paid by Calhoun County, receipt. of which is
hereby aclmovlledged, have this day sold, and by these presents do Sell, Grant and Convey unto
the County of calhoun, all that certain tr~ct or parcel of land, situated in the County of
..,.",." Calhoun, State of Texas, and being part of the M. Campos original Grant, containing 5.00 acres
~
of land more particularly described by metes and bounds a s follows:
BEGINNnlG at the N. E. corner of the Brown 20 acre tract, which is also an interior-
corner of tract sold by C. H. Stiernberg to T. M. Bennett, and which said corner isN. 46 deg.
30 min. W., 1456 feet and S. 44 deg. ~. 2332 teet trom the or1ginal S. W. corner of the A. L.
Bro\'iO tract;
~rCE S. 44 deg. W. a distance of 995.5 feet to another interior corner of tract sold
by C. H. Stiernberg to T. M. Bennett;
1""');.".,.....
.
THEl'TCE S. 58 deg. 15 min. E. with Boundary line of Bro'l'iO 20 acre traot a distanoe 01'
964.3 feet to a gun barrel driven in the ground marking the. extreme S. E;. corner of tract sold
by C. H. Stiernberg to T. Iif. Bennett;
~mNCE with the Welder Ranch property line S. 32 deg. 30 min. West a distance of 2268
feet,. more or less, to the shore line of san Antonio Bay;
~lCE with shore line. of San Antonio Bay in a Northerly direction a distance 01'
approx~mately 100 feet to a st~{e;
THENCE N. 69 deg. 55 min. E. a distance 01' 350 teet, more or less, to a stake set 40
feot N. 88 deg. 30 min. \V. from Welder Fence corner;
THENCE N. 32 deg. 30 mono E. a distance of 1766 1'eet to a stake;
T~lCEN. 58 dog. 15 min. W. a distance of 944.3 feet to a stake;
THEl'oTCE N. 44 deg. E. a distance of 1015.5 feet to the East boundary line of the pro-
perty bought by Bennett from Stiernberg;
THENCE with Boundary line of said Bennett tract S. 58 dog. 15 min.,E. a distance of 20
feet to the place of BEGINNING.
IT IS IDmERSTOOD AnD AGIlEED that none of the mineral interest in or under the above
described Road right-of-vmy is conveyed herein.
'ID HA VB AND TO HOLD the above described premises together with all and singular the
rights I'and appurtenances thereto in anywise belonging unto the said County of Calhoun.
WI'llmSS MY HAND, 'Ibis 28 day 01' June, A. D. 1954.
T. M. Bennett~
T. M. Bennett
THE STATE OF 'mXAS, I
COUNTY OF CALHOUN I
,..--
BEFORE ~t.E, the unders1.gnad authority, a Notary PUblio, in and for Calhoun County, on
"=""" this day personally appeared T. M.. Bennatt, known tome to be the person whose name is sub- >
s~ribe~ to the foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed.
GIVEN UNDER MY HAHD AND SEAL OF OFFICE, This 28 day or June, A. D. ~. 1954.
R. A. Barton
(L. S. )
Notary Public in and for Calhoun County, Texas.
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!LOS
THE STATE OF TEXAS
COUN TY OF CALHOUN
Whereas from time to time various land owners have p1ated and subdivided various tracts
of land in Calhoun County, Texas, dedicating to the public certain roads and right of ways,
some of which have been formerly opened and accepted and maintained by the county and that
others are not opened and closed to public passage; and the court is without sufficient
definite information as to the legal rights of the .public and of the rights of owners of
property in regard to' the opening and or closing of such roadways; Therefore
Be it resolved by the Commissinoers' Court of Calhoun County, Tex~s;
That the Court employ R.A. . Barton, its county Attprney, to make special investigation of,;
the law in regard thereto and make due report to the court of the results of his investiga-
..
tion, and to be approved by the court.
---- ""-.oe.~..." --- ---- --- -----~\J:~
9th November, 1948
THE SThTE OF TEXAS
COUNTY OF CALHOUN
aEd CJ.~!'.EJ.eE 1.lI1anil11g~1:ty t~~rJ_~eip.tTOf.alpeti;tTolf~dat~d
tN ovz:"l6~1 g.4,tl1'l!lt.SeadrjTf~Texa's~J..gT,leAJ.oy.J;!H.'BI'oW-"ll~nq~ffi~iMIO:tne rs.r.e qUe-sttng~7
troadlfr,om'thel::ol'dlsettl'emen t~dlt CJI~P.<? ~ tnl'll~~n toni-oIBe:y.common-ly:"knOm1Ia'sIcowar~,
(O'rJMa"d Cl~Liii1cfl~nd'-l fib e iEijltlie .0pj[i'onIQ~lICommFss iOfler,s..!&::Go-urt,tha tasuchIr.oad,y
(oul_~f~eral'-pU15i'icl.be-riefH~dl_aran ceJlBarton....Cqmlllf'sSioner.lof.Pre oinc t..No(';"4_iS_
ilier,€lQYlautlici"Fi'Ztd't 0'1'0 li"t'Fi'i11t~mo:S U'app r op ria:t ellrHe;tft.wa yJN r.lp r.lSr5 0 sedlCounty.Ro ad.c~ te. d
. fi}jQve~.. .
Al ton W. Whi te
county Judger
--- --- --- ---
THE STATE O.B' TEXAS
COUN TY OF CALHOUN
Motion made, seconded, and carried unanimously that approximately 600 10ts Gwnad by
Calhoun County in the Bayside Beach Subdivision and its additions be offered for sale as
a group by public auction .under the provision~ of Section 9 , Article 7345b.
Al ton W'. White
County Judge
HEnD NOVEMBER 29th, 1948
SPECIAL NGVcEMBER TEm1, 1~48, A.D.
. THE STATE OF TEXAS )
t
COUNTY OF CALHOUN t
BE IT REMEMBERED, That on this the ~9th day of Nov. A.D. 1948, there was begun an
'\
holden at the Court House in the City of Port I.,avaca, said County and state a SFECIAL
Nov. Term of the Commissioners' Court within and for said county and State there were Prl;lSEj
on this day the following members of the Court to-wit:
Alton W. White
.County Judge
.County Clerk
Frank E. 'Wedig . . . .commissioner iFf
R.F.' Kemper. .. . Commissioner pf
I;,ouie B. Griffith . Commissioner P~
- Clal'ence Barton . .' .-~Commissi one r Pi
:0
"~~
C.J. Thomson .
"!;
THE STA'I'E OF TEXAS .t
~
COUN TY OF CALHOUN oJ
...~
IIlbtton:)made, seconded, and carried unanimously that D.K. strait be appointed Justice
+.h" p"""" or Precinct No.1 to fill the unexpired term of Ben F. 'Carter; deceased.
.;~
~,:;~~~>,
356
Totaling 1l,6)~0.0 feet in length (705.1-1-55 Rods) all in the E. Cantu League, A-6,
Calhoun County, Texas.
Provided, however, that this grant of easement and right-of-way is made upon the co
dition that the said LAVACA PIPE LINE COMPANY, its successors and assigns, shall construct
such pipe line so that it shall not impede traffic 'or the maintenance of said roadway and
:j
that such road will be promptly restored to 1,ts former condition of usefulness, anct that sai
easement and right-of-way shall be for the purposes above set forth and for no other purpose
TO HAVE AND TO HOLD said easement and right-of-way under, through and aoross said
public road unto said LAVACA PIPE LINE COMPANY, its succeSRors and assigns, as long as the
same is used for the purposes hereinabove set forth.
IN WITNESS WHEREOF I Have hereunto subscribed my name and affixed my seal of office
this 12th day of November, A.D. 1951.
Howard G. Hartzog
Howard G. Hartzog, County Judge of
Calhoun County, Texas.
THE STATE OF TEXAS
COUNTY OF CALHOUN
BEFORE ME, the undersigned, a Notary Public in and f or said County and State, on
this day personally appeared Howard G. Hartzog, known to me to be the person whose name is
subscribed to the foregoing instrument and scknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in the capacity therein stated.
Gi ven'! under my hand and sealcf office this ~"'--._ day of
1951.
C. J. Thomson, County Clerk in and
for Calhoun County, T E X AS.
- - - - - - - - - - - - - -
COUNTY TREASURER OCTOBER 1951 REPORT APPROVED
I~ ~
On this the reth day ot' ~.',A.D. 1951, at a Regular Term of the Commissioners'
Court of Calhoun County, Texas, all members of the Court being present Miss Mary Stephens
presented to the Court her report for the month of October A.D. 1951, and it having been
read in open court and the fourt having duly considered the same together with the exhibits
accompanying it, and having compared the balances shown in the various accounts with those
reported by the Court Depository, and finding said report to be correct. Therefore on
motion made by Commissioner Barton and seconded by Commissioner Kempef, it is ordered that ,
the C~untY:...Tr.e.8'~tirers' October report be and it is hereby approv.ed. .','"
- - - - - - - - - - - - - - - - - - - - -
'OIiltni~tJ~EjI~"-\)J;~of.N o.vember"A~D =-1 951O;Y-at .a~Re g\llar JTer!'1 [0 flthetCOiiiijiilSS16rier s '
of C!rJ:houn Gounty"T.exas, all members of the Courtbeinglpr.eseritJlONfiiiO.t1Oi1fiiii"d~ by
tE.'~ank Kemper and seconded by Frank Wedi'g and unanimousTy"carri'8dllcOiiiini'SsionerJCl'ir;~.ce
(ItadonJlwasrau th"'OEi'Ud"t5'Ws e curelal!;ggh t lof.w ay ~for.lat4o Jfo'o t'lroadJrromltliEilOt'dlSead~ f t
S6'tTl'ement'Rotd(t<5J~~"AntonlOJBay.a:t.th'eIO'ldWMaddenaLanding ._
- - - - - - - - - - - - - - - - - - - -
JOINT MEETING WITH P.M.A. BOARD
On thi~ the 13th day of November A.D. 1951, at a Regular Term of the Commissioners'
Court of Calhoun County, Texas, all members of the Court being present, a joint meeting
with the P.M.A. board came on to be heard. The P.M.A. board presented the request of the
U. S. AlZricul ture Deoartment for BUf'f'i. "tent. 01'1'1 "A "nA"A t.n ('.nmhi nA All li'An......l A ....n..t AO
I
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16
REGULAR JULY TERM
HELD JULY 12: and 13. 1954 -
THE STATE OF TEXAS
COUNTY OF CALHOUN
B'E: IT REMEMBEREP. that on-- this the 12th' and 13th days of July. 1954. there was begun and
holden" at the Courthouse in the City of Port La vaca. said County and State a Regu]a I' 'Term of the
COIIlXllissioners' Court within and for said County and State, there were present on thesed~7s the
following members of the Court, to-wit::
Howard G. Hartzog, County Judge
Frank E. Wedig, Commissioner Pl". 1
R. F. Kamper, Commissioner Pl". 2
Maurice G. Wood. County Clerk
L. B. Griffith. Comm1ssion~r Pl". 3
Clarence Barton. Commissioner i"r. 4
WHEREUPON THE FOLLOWING ORDERS WERE MADE AND ENTERED BY SAID COURT. TO-WIT::
TREASURER'S REPORT FOR JUNE APP~OVED
'O~ this the 12th day of July. 1954. at a Regular Term of the Commissioners' Court of Calho
County. Texas, with all members of the Court being present. Miss Mary Stephens. County Treasurer
presented her report of the month of June, and it having been read in open Court and the 'Court
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having duly considered the same together with the exhibits accompanying same, and having the
balances compared in the various accounts with those reported by the County Depository and fi~d~
ing said Report to be correct. on motion duly made, seconded and carried, the County TI1eas1;U'er's
for the month of June, 1954 be and the same is ordered approved.
AND COLLECTOR REPORT FOR JUNE APPROVED
At a Regular Term of the Commissioners' Court of Calhoun County. Texas. held on the 12th da
June; 1954. in the City of Port Lavaca. all members of, the Court being present on that day.
Mrs. C. B. Guidry. Deputy, presented the Tax Assessor-Collectors Report for the month of June.
together with the tax receipts and other receipts accompanying same. and finding said report to
be correct and in due form. The annual report was also presented at this time. Thereupon on
motion duly made, seconded and carried, it is ordered that the Tax Assessor-Collectors Report
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for the month of June and the Annual Report be ald they are hereby approved.
MADDEN LANDING ROAD
1@l~l:ii'Sltna12tli1'da.Ylc:lqJUri,~95.4'i'1:atIaJR egui-ar.l.T ermIOfl'l<heJCommiUl'oners'''Court~f'''Ca:lh0f
C~Yll;re:X:B,s3\o1itp~1'1'-mem:b~f..theIC bur,tAbeing,pr,esent ;..CountYLA,-1;1;oi'ney:jWR'A~:i3:a~c>n:lrep~~
{ ~'J.'':'IM:tBennen''land'ii))t!161M!!Icamp_~O~j.gifialJ.Grant.onl~L~A,nt o~~oJl:iaY_TheIcl("-edlw}~_-SI~r~e,
fi-16d"f or rec ord -t ogetlier wi t li an - agreement~l)Y1 T'M :l'Benne'tftIand .theJStuar't; ITr}lS1;JQ(;)Jl].P anY ~"
June1l28,.1954V
f T o.the ~CoIlllll.inionars .C our,t I Calhoun) cEuntYi'lT-exa~lr
, (Gentlemeli:;i
~f>.UJwi-HlPle a.!le Ib:eJa~V'i s ed ,that !fI~~ve jthi sir day J:sig-nedl'iiYdee"dll'in--your "1'a vor"c overing - a ...c ert
-j.veWacre wtr ac t-tof :'land'iiilthEllM1'IC amp os 10rl'ginalll Gr'-an'\; ~ C ailiouii"c ountY1'T exas i>>i t 'beirigLun~.Est
tnatYS&:itlliirac t~1 SAt 0 Ib ~ )USed Iby I.CalhounlC ount Y".T exas.for -II' oadlpurpo s e sj'Wand "tliit"no"iliineraltti:
ere.conveyed Iin,the II deed: 'lI!1'!J
f=ll1er~by~greeJal'idldolliereby~a:OC~P!Jt;~lsumlOfTsiXl-Hundred-'($'600'!OO ).and~nof-iObJDOl'll:i~s-l5n
'-~l~Yandlfinai'se~tlement.or.tha.valueIof~the.land~and~theJdamag~la~~~~inglthe~etol~nl~heJrollow
I ing,prop~rt'ion~to),wl't=-
. TJieJBUl1l.@Js~~y=ri va.., $.t~~]~lo,),and.n?~().2JDor'lars'per"acre"fOi'l"t'n;ytilrTniarleetI!~~;ed
tftli~=SllII11oi:"Fo:r.ty.?:tI ve'l(~5;~ o_q).and Ino!.J.OOjDol-lars.p er.ii:.acr,e...fGr..t he ..damage s-..,
"
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Special May Term
Held May 24, 2006
THE STATE OF TEXAS,
COUNTY OF CALHOUN
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BE IT REMEMBERED, that on this 24th day of May, A.D., 2006 there was begun and holden in
the Commissioners' Courtroom in the Memorial Medical Plaza in the City of Port Lavaca, said
County and State, at 10:00 A.M., a '$pecial Term of the Commissioners' Court within said County
and State, and there were present on this date the following members of the Court, to-wit:
Michael J. pfeifer
Roger C. Galvan
Michael J. Balajka
Floyd E. Fritsch
Kenneth W. Finster
Wendy Marvin
Co~nty Judge
Corinmissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct.4
Deputy County Clerk
Thereupon the following proceeding~ were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of Allegiance.
WORKSHOP WILL INCLUDE DISCUSSION AND OVERVIEW OF CALHOUN COUNTY
INDIGENT PROGRAM. REPRESENTATIVES OF THE TEXAS DEPARTMENT OF STATE
SERVICES WILL DISCUSS CHAPTER 61 OF THE TEXAS HEALTH&. SAFETY CODE.
INDIGENT HEALTH CARE AND TREATMENT ACT:
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Donna Davis and Monica Escalante Indigent Healthcare Representatives with Memorial Medical
Center were present. Rose Marie and Stephanie with State of Texas Health and Safety gave a
presentation on Chapter 61 of the Texas Health & Safety Code, Indigent Health Care and
Treatment Act.
Court was adjourned at 11:55 am
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