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2004-07-08 & 07-14Regular July Term Special July Term Continued Held July 8, 2004 Held July 14, 2004 THE STATE OF TEXAS § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this 0' and 14v day of July, A.D., 2004 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M., a Regular Term and 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 County Judge Roger C. Galvan Commissioner, Precinct 1 Michael J. Balallka Commissioner, Precinct 2 Kenneth W. Finster Commissioner, Precinct 4 Wendy Marvin Deputy County Clerk Commissioner Floyd was absent from the July 8, 2004meeting and was present at the July 14, 2004 meeting. Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Judge Pfeifer led the Pledge of Allegiance. ECONOMIC DEVELOPMENT AGREEMENT SOWEFN CALHOUN N OUNTY TEXAS AND THE CALHOUN COUNTY FCONnWr nFvc, neue.,r r�nn..........._ A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to accept the Economic Development Agreement between Calhoun County, Texas and the Calhoun County Economic Development Corporation and authorize Judge Pfeifer to sign agreement. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CALHOUN COUNTY, TEXAS AND THE CALHOUN COUNTY ECONOMIC DEVELOPMENT CORPORATION This Agreement ("Agreement") is entered into effective the I" day of July, 2004, between the County of Calhoun of the State of Texas, ("Calhoun County"), acting by and through its duly authorized County Judge pursuant to Resolution duly approved by the Commissioner's Court of Calhoun County, Texas and the Calhoun County Economic Development Corporation ("CCEDC") ' "CCEDC"), a Texas nonprofit corporation acting by and through its duly authorized President. WHEREAS, CCEDC was incorporated under the Texas Non -Profit Corporation Act, in order to stimulate, promote and develop business, industrial and manufacturing enterprises, and to promote and encourage employment opportunities in Calhoun County; and WHEREAS, CCEDC is willing, in exchange for the consideration hereinafter stated, to provide, or cause to be provided, the economic development services for Calhoun County which are intended to expand the tax base and the employment base of Calhoun County; and WHEREAS, Calhoun County and CCEDC recognize that the CCEDC's economic duties to Calhoun County will include obligations of providing on behalf of all of the citizens of Calhoun County, Texas, economic development services, as well as the frequent need for confidentiality regarding economic development activities being coordinated with certain commercial and industrial prospects interested in possibly locating in the Calhoun County area: NOW THEREFORE, in consideration of the premises and covenants herein contained, Calhoun County and CCEDC agree as follows: • 1. Services. Calhoun County engages CCEDC to promote or develop new or expanded business enterprises that create or retain primary jobs, and to pursue and develop projects that promote or develop new or expanded business enterprises that create or retain primary jobs in Calhoun County, Texas. 2. Independent Contractor. CCEDC is engaged as an independent contractor and is not an officer, agent or employee of Calhoun County in regard to the operations and actions of CCEDC. CCEDC shall select and employ such persons as it may deem necessary to fulfill its obligations and responsibilities under this Agreement. Said persons shall be at all times employees of CCEDC and shall not be officers, agents or employees of Calhoun County. The power to hire, manage, supervise, direct, and discharge such employees shall be vested solely and exclusively with CCEDC. Calhoun 105 County shall not manage, direct, supervise or discharge said persons or direct them in the performance of their duties for CCEDC under this Agreement. 3. Operation. CCEDC shall encourage and promote economic development within Calhoun County. CCEDC shall perform, among others, the following economic development services: a. Develop an overall plan and policy for an economic development program; b. Administer and conduct such a program in order to encourage and stimulate industrial and commercial development; c. Coordinate any Enterprise Zone, Reinvestment Zone, and Tax Abatement programs of Calhoun County; d. Prepare an annual budget for the administration of an economic development program; e. Develop incentives and programs designed to assist and promote the efforts of local businesses and entrepreneurs to form new business ventures or to expand existing business markets; f. Organize and conduct a coordinated marketing and sales plan to favorably influence attitudes among local, national, and international business decision makers by drawing attention to Calhoun County's strengths, targeting groups and senior executives most likely to effectuate business relocations to and expansions within Calhoun County; g. Design specific programs to disseminate on all levels, local, national, and international, accurate and detailed information as to the business opportunities in Calhoun County, its economic future, and its favorable business climate; h. Implement public policy and programs for interaction among the State of Texas, Calhoun County, the cities of Port Lavaca, Point Comfort and Seadrift and other agencies that would facilitate greater economic growth, providing advice on public policy and budgetary priorities, tax abatement incentives, and desirable regulatory changes likely to achieve more business relocations and expansions in Calhoun County; and i. Supply appropriate information to any other local economic development organization. or business enterprise. 4. Consideration. Calhoun County agrees to pay CCEDC the sum of $25,000.00 for providing the services described in this agreement. The sum shall be due and payable when this Agreement has been executed by all parties. 5. Use of Funds. It is expressly understood and agreed by Calhoun County and CCEDC that all funds shall be used solely for the public purposes of developing and diversifying the local economy. 6. Financial Records. CCEDC shall maintain complete and accurate financial records of each receipt and expenditure made by CCEDC. Upon request of the Commissioner's Court of Calhoun County, CCEDC shall make records of such expenditures available for inspection and review. The Commissioner's Court of Calhoun County or its duly authorized representative may, upon reasonable notice, audit all books 2 0 U r and records of CCEDC pertaining to economic development program funds. CCEDC shall be required to keep such records available for such purpose at least two years after the expiration of this Agreement. 7. Coded Financial Information. Where determined necessary by CCEDC in order to avoid prejudicing the opportunity to attract new and additional industry to Calhoun County or to accomplish the expansion of existing industry, it shall be . acceptable to use a coding system in connection with the records and reports required under this agreement in order to temporarily keep confidential the identity of such industrial enterprises. In this connection, however, details and specific information regarding all activities under the economic development program, including the identity of all enterprises involved, shall be maintained by CCEDC and shall be available to the auditors in performing any audit described hereinafter of the funds involved in the economic development program. The identification of the names of these enterprises to the auditor shall not waive the confidentiality of those enterprises or otherwise allow or require disclosure. 8. Audit. In addition to the hereinabove required reports covering activities and expenditures of CCEDC, if requested, a certified audit by an auditor mutually agreeable to Calhoun County and CCEDC, of CCEDC funds and expenditures shall be provided to Calhoun County within 180 days of the closing of CCEDC's fiscal year. The auditors performing the above described audit shall have access to and the right to examine all records and accounts directly related to the program and such other CCEDC records and accounts as may be reasonably necessary to conduct and complete its audit. The audit report will not report the sources of contribution other than the general category of private contributors; however, any irregularity in private contributions may be reported. Should either the independent audit or, if appealed, a decision of any court of competent jurisdiction in the State of Texas determine that funds provided to CCEDC by Calhoun County under this Agreement have been spent improperly, Calhoun County, at its sole • option, may immediately terminate this Agreement. 9. Parties in Interest. This agreement shall bind and benefit Calhoun County and CCEDC. This agreement shall not bestow any rights upon any third parties, other than those parties listed in this paragraph. 10. Mutual Cooperation. Calhoun County and CCEDC agree to cooperate fully with one another and to coordinate their efforts in order to ensure that the conditions of this Agreement are fulfilled and to obtain optimal economic development within Calhoun County. In order to expedite the conditions of the Agreement and to effect economies of scale, the parties agree to keep each other fully informed of their plans, operations, and activities and wherever possible to coordinate fully their efforts to promote and otherwise undertake economic development within Calhoun County. 3 • 147 11. No Obligation for Additional Funds. Nothing in this Agreement shall in any way place any obligation on any other funds or sources of revenue of Calhoun County and nothing herein shall create; any lien or other obligation on any other sources of income, revenues or funds of Calhoun County. 12. Ability to Contract with Others. Nothing in this agreement shall in any way limit CCEDC from contracting with any other persons or organizations for economic development within the local area. 13. Notices. All written notices must be made by certified mail, return receipt requested, and shall be addressed to the applicable parties, or their successors in office, at the following addresses: Arlene Marshall, President Calhoun County Economic Development Corporation 131 N. Virginia Street Port Lavaca, Texas 77979 County Judge of Calhoun County Calhoun County Courthouse 211 S. Ann Street Port Lavaca, Texas 77979 14. Term. The term of this Agreement shall be from July 1, 2004 through June 30, 2005 unless sooner terminated as provided in paragraph 8 hereinabove or unless extended in writing by Calhoun County. 15. Survival of Terms and Conditions. The terms, covenants, obligations and conditions of this Agreement shall survive this Agreement, for a period of two years from the termination of this Agreement or any extension of this Agreement. Executed in duplicate originals to be effective the 1st day of July, 2004. (Signature page follows) 4 ?QJ • 0 County of Calhoun, State of Texas Calhoun County Economic Development Corporation Michael Pfeifer, CId&nty J ge (seal) ATTEST: Anita Fricke, County Clerk David Roberts, Boar Chair ATTEST: Gary Broz By: ` Y- Bo d Seer • • 109 APPROVAL OF MINUTES: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the minutes of March 11, 2004 meeting be approved as presented. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. Michael J. Pfeifer County Judge Michael J. Balajka Commissioner, Precinct 2 Wendy Marvin Deputy County Clerk Roger C. Galvan Commissioner, Precinct 1 Kenneth W. Finster Commissioner, Precinct 4 PUBLIC HEARING — AMENDING THE 2004 CALHOUN COUNTY BUDGETS: Judge Pfeifer opened the Public Hearing @ 10:04 a.m. regarding amending the 2004 Calhoun County Budgets. Calhoun County Auditor Ben Comiskey read the budget amendment requests. After general discussion on these Items Judge Pfeifer closed the public hearing at 10:16 a.m. AMENDMENT OF THE 2004 CALHOUN COUNTY BUDGETS: A Motion was made by Commissioner Galvan and seconded by Judge Pfeifer that the 2004 Budget Amendments be approved. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. 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After reading said bids, a Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the bid of Mauritz & Couey for the automated card system fuel and Diebel Oil Company for fuel to be delivered as the low bidders. Commissioners' Galvan, Balajka, Fnster and Judge Pfeifer all voted in favor. BEN H. CONIISKEY, Jk, C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX - 201 W. AUSTIN PORT LAVACA, TEXAS 77979 (361)553-4610 MEMORANDUM TO: COUNTY JUDGE/COMMISSIONERS FROM: AUDITOR'S OFFICE DATE: JULY 7 Attached are the .peel Bids to be considered for Award in Commissioners' Court on Thursday, July 8, 2004. The Bids are for the period July 16, 2004 thru August 15, 2004. FUEL — AUTOMATED CARD SYSTEM MAURITZ & COUEY WAS THE ONLY BIDDER FUEL — BULK DE:LIVERED DIEBEL OIL CO., INC. WAS THE LOW BIDDER 1 "j) _1tj.r • w F- } 0 U w F- Q O Z) Q J w LL a w 0 0 U Nm M w i D LL w U) w 0 o N 6 � e 6 K 5 0 0 'y N w z O w Q aO of W (C z 3 D w O 6 W `o m a 1-2 3 0 w It w J w Y J MD W J w LL ? w U (0j J � O J WLU � W 0 w J W N m O N eea 0 m 0 0 w z J O z w <j U IL ep In O J r2 W Z CO a W IL m O (7 N V e S 1�J w 0 m 0 0 Z U w o N 0 < O O cl J m W O J W � W LLLLLLLLl111 J w w Z D m o D W It M � o O C i O m e0 O • • • AWARD BID FOR EXCESS WINDSTORM INSURANCE FOR THE CALHOUN COUNTY COURTHOUSE MEMORIAL MEDICAL CENTER AND MEMORIAL MEDICAL PLAZA. SAID BIDS OPEND JULY 12, 2004: A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to accept the low bid of $27,811.75 from GSM Insurors for Excess Windstorm Insurance for the Calhoun County Courthouse, Memorial Medical Center and Memorial Medical Plaza. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. W v Z Q Go 10 y W v • W U Z 9 D U) Z O Z 3 U) fn W U W U 9 z 0 O Z n u W1 O N 0 N ti 5 ti `n 0 @ CO o 0 Z 61 6-29-204 3' 06PM FRC1 CALJiOLN CO. ALD I TOR 261 553 4614 CAmm COm- TEXAS BED au - INVITATION P I Bb tTF] EXCESS wu�siosM INsusANr.E JULY 17, 2004 PM ft JULY 17. 2005 YOU ARE mm TO SUBMITA BID ON THE ABOVE ITEM TQ HONORABLE MfCNAEL7 PFEIFFR, COUNTY JUDGE, 3RD FLOOR CALHOUN COUNTY COURTHOUSE, BIDS SHOULD BE SUBMITTED IH A SEALED ENV 21 f S. ANN, PORT LAVACA, TX 77977 BIDS WILL BE QED' PLAINLY "WEbi SEALED OLD.IX w DSTORM INSURANCE PUBIJQ.E OPENED IN THE COUNTY UDGVS OFFICE AT; IDPODAM, THf1RSDAY, ULY 1, 200{ BIDS WILL 6E AWARDED AT THE COMMISSIONERS COURT MEETING ON, T)IURSDAY, 7ULY 8,2001 TOW AF7F.R THE S OPENING THE WILL BE RETURNED UNOPENEDTO BIDDER. THE COMMISSIONERS COURT RESERVES THE RIGHT TO BE THE SO RE)EGTANY OR ALL BILK, TO ACCEPT THE 60) DEEMED MOST ADVANTAGEOUS TO UI.HOUN TEXAS LS AN EtjU)EFl p �MING WHICH BIDS WILL BE MOST ADVANTAGEOUS TO THE CO COUNTf YMENT OPPORTUN UNTY. THE COUNTY OF CALH UN NO NATIONAL ORIGK SEX, RELIGION, AGE OR HANDICA ED S THE COUNTY DOES NOT DISCRD•BNATE ON THE BASIS OF ILACL, COLOR, UPPED STATUS WI p.IpLOYMEW OR THE PROVISION OF SERVICES IUD RE►: EXCESS WINDSTORM INSURANCE DEPA/[TB1fNT SEE ATTACHED SPECIFICAT10N5 DELIVEgY NA DES-77NATION NA SPEWrA7/0 -' EXCESS WINDSTORM WSURM CE _ `T--• —, SEE ATTACHED EXCESS WINDSTORM INSURANCE SPECIFICATIONS `— — — — ^ ` AUT aviPeif CO: LANDMARK AMERICAN INS CO TERM: ONE YEAR $27,811.75 1 7i ' _uj • S-29-204 3:07RM FROM CALI OUN CO. AUDITOR 361 55:i 4614 P. r DAIEIFB& 7-1-2004 d�� ���—"�'✓ • »» i!>sE HU GSM Insurors - John M McDavid, Jr, President Pau> Jamisod John M Mc av1 r -7 9-5414 ftE=WrARYDMTMyUjWUM�E�Pr{110tr� Quote Attached Terms & Conditions Excludes Fungus/Mold, Electronic Property and Virus, Pathogenic or Poisonous Biological or Chemical Material & Terrorism ` *- 25% Minimum Earned Premium a & Terrorism can be purchased for Additional Premium of $10,495.00 J • ��1 JUN-30-2004 12:44 . FROM. Crump Insurance Services of Texas, Inc. 755r RanlderRoad. Steft 30% Ueear, Tex03 7=1-4163 F� eA M4169i-5460s QUOTATION CONFIRMATION June 30, 2004 361-729-3817 Pam Jamison GSM Insurors P. O. Box 1478 Rockport, TX 78381 RE: Calhoun County INSURER: Landmark American Insurance Co. COVERAGE TYPE PREMIUM Excess Windstorm - All Risk $25,000.00 excluding Flood/Quake TOTAL FEES & TAXES Fees (Fully Earred) $1.500.00 TX Surplus Lines Tax 6 4.8500% $1,285.25 TX Stamping Fee @ 0.1000% $26.50 CONDITIONS AND/OR EXCLUSIONS: Property Limits: $18,867,601. scheduled building and contents In Excess of. 56,576,000, scheduled building and contents Valuation: Replacement Cost Audit Terms: Non -Adjustable T-131 P.001/004 F-133 Coverages: Building, Contents Perlis: All Risk Excluding Flood and Earthquake TRIA: Terrorism Insurance Act Op8an01 Coverage can be added for an additional $10,000 Premium plus surplus lines tax and 4itamping fee., Form RSUI Excess Physical Damage Form Exclusions: Exclusion 6 Limited Addition Coverage for Fungus — IM & Manuscript, Exclusion - Electronic Property end Virus: Exclusion of Pathogenic or Poisonous t3lo Material logical or Chemical 0 • 0 - JOX-30-1004 12:44 FRON- T-131 P 004/004 F-333 MINIMUM EARNED PREMIUM MINIMUM AND DEPOSIT PREMIUM Ttle following terms are often misunderstood, Particularly among insureds or producers Me definitions are understood. not accustomed to dealing with surplus ones insuranoe companies. It Is Important that MINIMUM AND DEPOSIT This is the amount of premium due at inception. Although the policy is subject to — adjustment based on a rate per a)grosure unit, under no circumstances will the annual earned premium be less than the minimum premium. Therefore, the policy may generate an additional pramlum an audit, but not a return. If such a policy is cancelled mid-term, the earned premium is the GREATER of the annual minimum times the short rate or pro-rata factor, or the actual earned as determined by audit, subject to a short rate penalty iF applicable. MINIMUM EARNED PREMIUM A minimum earned premium endorsement can be attached to either a flat charge policy or an adjustable policy. In either case, this amount Is the LEAST that will be retained by the insurance company once the policy goes Into affecL The amount retained would be the GREATER of the actual earned premium whether calculated on a pro -rate or short rate basis, or the minimum earned premium, FLAT CANCELLATIONS Surplus lines Insurance companies normally do not allow flat cancellations. Once the • policy is in effect, some premium will be earned. If you need further explanation, please do not hesitate to contact us. 01/2002 - Premium Definition • c19 l d JUM-30-2004 12:44 FROl- T-131 P 003/004 F-833 OFFER OF TERRORISM COVWAOg In kisses ImAtIe with a T �R isk inCe Act of 2001, we are required to offer the insured coverage for resutcl firm an act of Risk insurance Act of 20OZ. All other ottnervnw a Oluded by this popsy and as covered ey the Terrorism insured must choose whether or not t clf previsions hnp apply to Otive�s for such act Of terrorism. The coverage for ads of Wodam that are aM1� ems t�beq Below under o SCLo5URE OF PREMIUM for Terorism Risk insurance Ad of 2002, Or not to icy t}ne premium,and ran °s offer o�coved acts the timethe or binding. If the premium staavn In the DISCLOSURE the PR9NIUIN is rtdt catecled and the insured doe, not reJect "Overage for terrorism this porky wili be iasuerJ excluding acts of terror sm. DISCLOSURE OF PREMIUM If you COOT under the Te Via p ri k j�r f none of terrorism OW qn certified by the Secretary of the T Ad'd2002 is $10,000.pg, TDISCLOGUmg OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSVS he United 8tatas Gov mmsnt, Department of the Treasury, will pay a share of terrorism losses insured under exceeVs P� Gram. The federal share equals 90% Of that portion of the amount of such insured losses that pg3cat�Ie insurer retention. /10 • AGREEMENT BETWEEN CALHOUN COUNTY AND THE YMCA FOR MEMORIAL MEDICAL PLAZA: 174 • A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the agreement between Calhoun County and the YMCA for Memorial Medical Plaza. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. COPY Michael J. Pfeifer Calhoun County 211 South Ann Street — Port Lavaca, Texas 77979 (361) 553-4600 — Fax (361) 553-4444 — Email: calhoun@tisd.nel July 9, 2004 YMCA of the Golden Crescent, Inc. Suzy Zumwalde 1300 N. Virginia Port Lavaca TX 77979 Re: Agreement between Calhoun County and YMCA of the Golden Crescent, Inc. Dear Ms. Zumwalde, Enclosed please find a copy of the Agreement between Calhoun County and the YMCA of the Golden Crescent, Inc. which was approved by Calhoun County Commissioners' Court on July 8, 2004. This agreement will begin on September 1, 2004 and is for a term of two years. The contact person for the YMCA is Commissioner Roger Galvan. Should you have any questions, please do not hesitate to contact his office. Thank you. Sincerely yours, Michael J. Pfeifer Calhoun County Judge MJP/sr cc: Ty Zeller, Attorney At Law AGREEMENT COPY(Revised 7-3-03) This agreement is made and entered into by and between CALHOUN COUNTY, referred to in this Agreement as COUNTY, and YMCA OF THE GOLDEN CRESCENT, INC., referred to in this Agreement as YMCA. COUNTY and YMCA have a mutual interest in providing a health fitness center available to residents of Calhoun County. COUNTY" owns a building located at 1300 N. Virginia, Port Lavaca, Texas, and has agreed to furnish a potion of the building (herein sometimes to as "the Building"), further 40 described on Exhibit "A", and certain equipment for such purpose. YMCA has the experience and expertise in fitness training and has agreed to furnish certain staff and equipment. The agreements between COUNTY and YMCA are contained herein. ARTICLE 1. TERM TERM OF AGREEMENT S 1.01. The term of this Agreement shall be for a period of 2 years. ARTICLE 2. COMPENSATION FOR BUILDING USE S2.01. YMCA will pay COUNTY within 20 days of the end of each month, $3,450.00. ARTICLE 3. USE OF PREMISES USE S3.01 YMCA will use the premises only for operation of a health fitness center. YMCA will be responsible for providing the following at its sole expense: 1. Floor staff, 2. Personal trainers, 3. Aerobic instructors. 4. Aquatic staff, 5. Nursery staff, 6. Member check -in, 7. Sales staff, 8. Computer system for registration, membership, and check -ins, 9. Marketing activities to market the fitness center, consistent with the philosophy of YMCA and COUNTY, 10. Resistance equipment, such as Cybex and free weights, 11. Aerobic class equipment, including sound system, aerobic benches, weights and bands 12. Housekeeping 13. All pool supplies and chemicals yy,FF�Y �CLi� 0 0 COUNTY will furnish the following at its sole expense: 1. The Building, (as described in Exhibit "A") 2. Electrical, heating, air conditioning, water, sewer and all other necessary utilities, J. Phone system, maintenance and expenses WASTE, NUISANCE, OR ILLEGAL USES S3.02 YMCA shall not use, or permit the use of, the premises in any manner that results in waste of the premises or constitutes a nuisance. Nor shall YMCA use, or permit the use of the premises for any illegal purposes. YMCA at its own expense will comply, and will cause its officers, employees, agents, and invitees to comply, with all applicable laws and ordinances in connection with its operation of the fitness center. ENVIRONMENTAL CONCERNS S3.04. YMCA agrees not to store, bring into, or allow the release of any environmentally hazardous materials, toxic substances, or other substances on, onto, or from the premises that could result in (i) a violation of any environmental law or in the creation of liability or obligations, including without limitation, notification, deed recordation, or remediation, under any environmental law, or (ii) a diminution in value of the premises. YMCA further agrees not to handle, use, or otherwise manage, and to cause occupants not to manage, any hazardous material in violation of any environmental laws or in any but a reasonable and prudent manner so as to prevent the release or threat of release of any hazardous material on, onto, or from the premises. ARTICLE 4. CONDITION OF PREMISES, SERVICES, MAINTENANCE AND SURRENDER S4.01. COUNTY shall be responsible for all repairs to the heating and air conditioning systems, as well as any repairs required for the Building and premises, including the roof, exterior walls, • exterior windows, floors, foundation, and parking lot, except those required by reason of the act of YMCA or its customers, licensees, agents, servants or employees. YMCA agrees to submit to COUNTY, in writing, any request for repairs, replacement, and maintenance that are the obligations of COUNTY. In the event that COUNTY determines that it does not desire to make the requested repairs, COUNTY may decline to make such repairs and terminate Agreement six (6) months from the date it notifies YMCA of its intention not to make such repairs. S4.02. COUNTY shall pay for all electricity, gas, water and sewer utility charges. ARTICLE 5. ALTERATIONS, ADDITIONS, IMPROVEMENTS CONSENT OF COUNTY S5.01. YMCA shall not make any alterations, additions, or improvements to the building without the prior written consent of COUNTY. Consent for nonstructural alterations, additions or improvements shall not be unreasonably withheld by COUNTY. is 1113 ARTICLE 6. DAMAGE OR DESTRUCTION NOTICE TO COUNTY S6.01. If the building should be damaged or destroyed by fire, tornado, or other casualty, YMCA shall give immediate written notice of the damage or destruction to COUNTY, including a description of the damage and, as far as known to the YMCA, the cause of the damage. S6.02. (a) If the premises are damaged by casualty and can be restored within ninety days, COUNTY will, at its expense, restore the premises to substantially the same condition as they existed before the casualty. if COUNTY fails to complete restoration within ninety days from the written notification by YMCA to COUNTY of the casualty, YMCA may terminate this Agreement by written notice to COUNTY. (b) If the premises cannot be restored within ninety days, COUNTY has an option to restore or not restore the premises. If COUNTY chooses not to restore, this Agreement will terminate. If COUNTY chooses to restore, it will notif: YMCA of the estimated time to restore and give YMCA an option to terminate this Agreement by notifying COUNTY within ten days. If YMCA does not terminate this Agreement, it shall continue and COUNTY shall restore the premises to substantially the same condition as they existed before casualty. ARTICLE 7. INSURANCE YMCA'S INSURANCE S7.01. YMCA will carry and maintain, at its sole expense, the following types of insurance, in the amounts specified as hereinafter provided: $1,000,000/$2,000,000, general liability insurance shall at all times be in an amount of not less than $1,000,000, combined single limit, for injuries to persons or property damage, and shall include contractual liability coverage. FORCE MAJEURE S7.04. Neither COUNTY nor YMCA shall be required to perform any term, condition or covenant • in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods, or any other cause not reasonable with the control of COUNTY or YMCA and which by the exercise of due diligence COUNTY or YMCA is unable, wholly or in part, to prevent or overcome. S7.05. YMCA may not assign this Agreement, or any portion thereof or any of its rights hereunder nor may YMCA sublet all or any portion of the described premises without the prior written consent of COUNTY. • J;J CALHOUN COUNTY Its: Mike Pfeifer County Judge Date: July 8, 2004 YMCA of THE GOLDEN CRESCENT, INC. By: S�� Its: Randy Grant. President,/CEO Date: L�: - %d /V • 145 ACCEPT RESIGNATION FROM CHAIRMAN OF CALHOUN COUNTY HISTORICAL COMMISSION: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the resignation from Calhoun County Historical Commission Chairman George Fred Rhodes. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. APPROVE CHANGE ORDER NO, 2 FOR THE RECONSTRUCTION OF THE PIER AT BAYFRONT PARK IN PORT O'CONNOR, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve Change Order No. 2 on the Reconstruction of the Pier at Bayfront Park in Port O'Connor, Texas. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. & W ENGINEERS, INC. 205 W. Live Oak Port Lavaca, Texas 77979 (361) 552-4509 Fax (361) 552-4987 June 15, 2004 Commissioner Kenneth Finster Calhoun County Precinct 4 P.O. Box 177 Seadrift, Texas 77983 RE:. CHANGE ORDER NO. 2 RECONSTRUCTION OF: PIER AT BAYFRONT PARK PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT Ifb. 4 Dear Mr. Finster: Attached are four (4) copies of Change Order No. 2, for the above referenced project. Please review and if satisfactory, gn'7aaid' hrrrii#aG� eiteatitedz t pi s�tD.iaui Acm We will forward a copy to Cary Construction and keep one for our files. Please let me know if we need to take a copy to the County Auditor's office. If you have any questions, please advise. Sincerely, G 5' W Engineers, Inc. David W. Gann, P.E. cc: Cary Constmction A# 9045.010 Engineering Architecture Planning Surveying 46 0 0 CHANGE ORDER No. 2 RECONSTRUCTION OF PIER AT BAYFRONT PARK PROJECT PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO.4 ...................................................................................................................................... DATE OF ISSUANCE 06/14/04 ........................................... • OWNER COUNTY OF CALHOUN ObVNER's Contract No. `I 1, u • CONTRACTOR CARY CONSTRUCTION EFFECTIVE DATE 06/14/04 ........................................................................... ENGINEER G & W ENGINEERS..INC. ..................................................................................... P 4 You are directed to make the following changes in the Contract Documents. Description: Extend underground conduit to new electrical service meter location. Reason for Change Order: Service to Port O'Connor Pier from AEP was changed and required relocating meter. Attachments: (List documents supporting change) Letters from Contractor dated 06/8/04 & 6/II/04 CHANGE IN CONTRACT PRICE: Original Contract Price S 147,313.00 Net changes from previous Change Orders No. to No `; 3,040.00 Contract Price prior to this Change Order S 150 3S n0 Net Increase (tecrease) of this Change Order 979.32 Contract Price with all approved Change Orders 151,332.32 RECOti 1 tE DED- B EnSinaarl{mhanz<J Siylulw<) ..ice.. C & lY Engineers, Snc. David �V. Gann, P.E Project Engineer Date: fS L CHANGE IN CONTRACT TIMES: LReady ontract Times Completion: inal payment: N/A nor [Nethange from previous Change Orders No.1 to No. I 2 J.n Contract Times prior to this Change Order Substantial Completion Ready for final payment: June 22 2004 Net Increase (decrease) of this Change Order 0 mn Contract Times with all approved Change Orden Substantial Completion - Ready for final payment: June 22 2004 —�vPsnr me —'- APPROyED: 6yr�//4o4waerlAmM1oneN $iw.wrel County of Calhoun Kenneth Fluster County Commissioner Precinct No. 4 Date: ACCEPTED . om o1 SIByCy ConrctN Tony Holladay Operations Manager Date: 2,2:d P.O. Box 554 Point Comfort, Texas 77978 (361) 987.5823 Office (361)987-5863 Fox (36L) 574-2081 24-hour Service Cary Construdim June 8, 2004 G & W Engineers 205 W. Live Oak Street Port Lavaca, Texas 77979 Dear Mr. Gann: Please find attached the amount my sub contractor will charge for routing the electric service for the pier from the new location to the pier. His total is $ 888.10. For us to include this under our insurance and bonding we will need to add an additional 20 % or $177.62. This will be a total of $ l,OCi5.72. If the County Commissioner, wants to pay this amount out of his maintenance fund, that is okay with me. That will not necessitate a change order. Please advise me as to your decision on how to handle this. Sincerely, 'bony 2117� Operations Manager Protecting Oro' Future L86b2SS:e1 10(13. 72 �j7S,3Z • 0 :W02ij dLO:2T 666T-S-Nuf 4 43 M RECOMMENDATION OF PAYMENT OWNER's Project No, _N/A ENGINEER's Project No..... 9045.010 ................................................................. RECONSTRUCTION OF PIER AT BAYFRONT PARK Project PORT .O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO. 4 ............................................................................................. CONTRACTOR CARY CONSTRUCTION CO. RTIi�t7CT'i'ONti�i;�rilEtz................................................................................................................... Contract For AT BAYFRONT PARK Contract Date AQri122 2004 ................................................................ ....................................................... Application Date June 30, 2004 Application Amount $51,244.07 ........................................................... For Period Ending du .30r.2004 To COUNTY OF CALHOUN ...........................Z5yr eV........................................................... Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. The Application meets the requirements of the Contract Documents and includes the CONTRACTOR's Certificate stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations in connection with the Work covered by all prior Applications for Payments. In accordance with the Contract the undersigned recommends payment to the CONTRACTOR of the amount due as shown below. G_& W Engineers.1JAc.............. .............. FER ENGIN Dated.. / `T , 2004 By »> David W. Gann, P.E. Original Contract Price Net Change Orders (1) (2) Current Contract Price Work to be Done STATEMENT OF WORK $ ...... 14.7,313., 0 0......... $........... 3,040.00......... 979.32 $ ...... 151,332,32_........ $ ...,,.. 18,848.75 G & W ENGINEERS, INC. 205 W. Live Oak St. Port Lavaca, Texas 77979 Work to Date $ ....132,4.8157.......... Amount Retained $ .........1124.806.......... Subtotal $......_1.�.Q�25,21.......... Previous Payments Recommended $ 67,991.14 Amount Due This Payment $ ....... 51,244A7........... 49 P.O. Box 554 Poiut Comfort, Texas 77978 (361) 987-5823 01-fice (361)987-5863 Fax Cary Construction June 30, 2004 G & W Engineers 205 W. Live Oak Street Port Lavaca, Texas 77979 Attention: David Gann Dear Mr. Gann: Please accept the following as our Invoice for labor, equipment and material on the Port O'Connor Pier Project as of June 300i, 2004: Contract Change Order 01 Change Order #2 Total Contract Less Previous invoice Balance on Contract Amount Earned this Period Less .10% Retainage Amount Due this Invoice If you have any questions please feel free to call anytime. Sincerely, lekala ell Tony Holladay Operations Manager S 147,331.00 3,040.00 979.32 $ 151,332.32 75,545.71 $ 75,786.61 56,937.86 - 5-,6933$ sd 93. 7 4 S-5 9. , J, 2,14! 07 Protecting out-Fidure • • .... . .... . .. ..... . . . 9 • 1 �J 0 • Pogc-l._of_ L County of Calhoun Pct. #4 UCIION VOUCHER port O'Connor pier pETAu,EDESTIQTEMEET Type iWark Contract Cost Amoupt Ea Value ofWorkmple`el 1. Remove existing lumber a. labor 12,650.00 b. material 800.00 c. equipment 2,000.00 Total #1 15,450.00 I2. rurnish new piling & install a. labor 7,678-00 b, material 1,272.00 c. equipment d, bonds 8,000.00 11000.00 (Total #2 17,950.00 Furnish materia to construct I3. Pier a. labor 31,o00.00 b. material 40,904.25 c. equipment 17,738.75 (Total #3 89,643.D0 I4. Labor 6 material to construct handicap ramp a- labor b- 1,200.00 material 2,300.00 Total #4 3,500.00 I �5. Labor & materia to install lighting a. labor 5,250,00 b- material C. bonds & 10,000.00 2„000.00 Total #5 17,250.00 12,650-00 800.00 21000.00 15,450.00 7,678.00 1,272.00 8,000.00 1,000.00 17,950.00 20,000.00 40,904.25 13,000.00 73,904.25 800.00 1:500.00 2,300.00 4,000.or) 10,000.00 2,o00.00 t6,000.00 -0- -D- -0- -0- 1.1,000.00 -0- 4,738.00 15,738.00 400.00 800.00 1,200.00 1,250.00 -0- -0- 1,250.00 P�I'CBUi 100 100 100 100 100 100 100 64 100 73 82 66 65 65 76 100 100 92 rigr, 2 of 2 �COWUPUCTION VOUCHER DETAILED ESTIMATE SFtEFj (Type of Work Contract Comt AJtlomtt Earned 6 To date Labor & materia for 88 ft. of sidewalk a. labor 1,000.00 b. material 2,200.00 iTotal #6 3,200.00 I7. Change order #1 Install 2X4 ADA curb on pier a, labor 540.00 b. material 2,500.00 Total #7 3,040.00 S. Change order #2 a. labor 500.00 b. material 479.32 Total #8 979.32 TOTALS 151,332.32 1,000.00 21200.00 3,200.00 200.00 2,500.00 2,700.00 500.00 479,32 979.32 132,483.57 Work 340.00 -0- 340.00 -0- -0- -0- 18,848.75 cormuci # 00300 PROJECT# ed Percent Complete 100 100 100 37 100 88 100 100 100 87 1, r`t_ 9 A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize the closing of Street on July 161h and July 17t , 2004 for Poco Bueno In Port O'Connor, Texas and designate a parking area. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. JP 1 & JP 2 - MONTHLY REPORTS: JP 1 & JP 2 presented their monthly reports for June 2004 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka to accept said reports as presented. Commissioners' Galvan, Salajka, Finster and Judge Pfeifer all voted in • favor. 07/01/20" Money Distribution Report JUSTICE OF THE PEACE PCT. 01 JUNE 2004 __________________________________ Receipt CRwe/Defeidant ( Cade Amunt I Code Amount I Code Amount I Code Moira I Code ARO nt I Code Meant I 3680012 CV-04-0002 06/01/2004 ( $FEE I 60.00 ( INDF I 2.00 ( FFEE I 10.00 MIER", ROY Cash 368D013 2004-0731 06/01/2004 ( TFC 3.00 I CCC 40.00 ( CKS 3.00 ( SAP 5.00 THERIOT, MARCEL STEPHEN DOC 10.00 Morey Order 3680014 200G0143 06/01/2004 i CCC 40.00 i CHS 3.00 ( PUAF 5.00 ( IF 4.00 VENOMUS, CRISTI ANN Morey Order I I I 3680015 2004-0139 06/02/2004 ( TFC 3.00 ( CCC 40.00 ( CNS 3.00 SAF 5.00 RICE, WILLIAM CURTIS I DOC 10.00 Cred-Card/Trnsfr I ( 3660016 2004-0142 06/02/2004 ( TFC 3.00 I CCC I 40.00 CNS I 3.00 I SAF 5.00 GRANNANN, ERIC DANIEL FINE 30.00 Money Order i 3680017 2004-0141 06/02/2004 ( TFC GRANMANN, ERIC DANIEL I DOC 3.00 CCC 10.00 I 40.00 ( CMS 3.00 ( SAF 5.00 Morey Order I I 3684018 2004.0137 06/03/2004 I TFC COPELAND, MAE LUND I DOC 3.00 ( CCC 10.00 I 40.00 I CNS I 3.00 I SAF 5.00 I I Cred-Card/Trnsfr • 3680019 2000-0129 06/03/2004 TFC RUTHERFORD, 3.00 I CCC 40.00 ( cxs 3.00 ( SAF 5.00 JASON ROD i FINE 50.00 OFF 50.00 Cred-Card/Trnsfr j j 368002o 2004-0153 THOMPSON, IRA JEAN 06/07/2004 I CCC TNO 40.00 ( CMS 3.00 I LAF 5.00 I IF I 4.00 Jail Credit i j i I I 3680021 2004-0150 06/07/2004 I TFC MUNK, FREDRICK MIME JR DOC 3.00 CCC 10.00 40.00 I CMS I 3.DO I SAF 5.00 Cash i i ' 3680O2221 CASTILLO, AMTONIO ALE 06/07/2004 CAS ILLO, NT 06/07/2004 ( CCC 40,00 I CMS 3,00 SAF 5,00 IF I 4.00 I Money Order i i 3680023 2004-0133 06/07/2004 j CCC ►EREZ, ALEGRIA SAUL 40.00 i CNS 3.00 i SAF 5.00 17F 4.00 Cesh 3660024 JV-04.0015 06/07/2004 I JCPT 2 0 TF 4.00 i SUBC 30.00 I ( PNF I 73,DO I IF I 4.DO i SUBC 30.00 TF 4,00 I SUBC 30.00 IF 4.00 I SUBC 30.00 TF 4.00 I SUBC 30.00 I IF 4.00 I SUBC 30.00 FINE 243.00 1 IF 4.00 SUBC 30.00 FINE 53.00 I FINE 33.00 I SAMATOA, DANUBIO JR. I COS . 0 I CVC 3,00 I CHI 15.00 I CS 0.50 TF 20.00 I CCC 4.00 17,00 I FA 5.00 I Came SarvlCe i j 3680025 JV-04-0019 MApT 06/07/2004 I JCPT CNS 2.00 I CVC 3.00 CMI 15.00 I CS 0.50 20.00 I CCC 17.00 I FA 5,00 owNEZ, erviceGUSTAVO Corm service i i j TF 4.00 I O27 3680MI H, DAVID LTNN SMITH, 06/08/2004 I JCPT CNS 2.00 I CVC 3.00 CHI 15.00 I TFC 0.50 3.00 I CCC 17.00 I FA 5.00 I Moray Order i SAP 5.00 TIME 25.00 I IF 4.00 I 3680028 2004.0146 06/09/2001. I TFC HERNANDEZ, DAVID ANTHONY 13UBC 3.00 I CCC 30 00 I 40.00 CBS 3.00 I LAF 5.00 I TIME 25.00 I JCD 0.50 Peae 1 Total 72.00 95.00 125.00 ".Do 115.00 95.00 95.00 185.00 295.00 95.00 105.00 85.00 67.00 JCD 0.50 1 61.00 JCD 0.50 FINE 70.00 TF 4.00 Cath I I I I 1 1 3680029 2004-0136 06/09/2004 I TFC 3.00 I CCC 40.00 I CNS 3.00 I SAF 5.00 TF 4.00 I SUB[ 30.00 WILSON, BRIAN SCOTT i DOC 10.00 I May Order I I 0 . •3680026 2004N iG2LEY, 130 TE EARL 06/00/2004 I CCC 40.00 I CNS 3.00 i SAF 5.00 i TF 4.00 I FINE 153.00 I Cash I 150.00 I I 110,00 I I 95.00 I I 205.00 I I 53 07/91/2004 07:23 5537063 JPPCT1 PAGE 02 07/01/2004 Money Distribution Report JUSTICE OF THE PEACE PCT. 01 JUNE 2004 Pepe 2 --------------------------------------------------- Receipt Csuce/Defandsnt _------------------ _......... __ _ I Code AMount I Code AIIIDIAIt I Code Amount I Code AMAt I Code Amount I Code As t I I Total 3680027 2004-0152 06/09/2006 i CCC I 40.00 CHS I 3.00 sef I 5.00 I IF I 4.00 I I I I I 52.00 GRARADOS, OSCAR ALEJANDRO j i Cash I I I I I I 3680029 Z004.0132 06/14/2004 i TFC 2.02 i cCC 37.65 i COS 7.82 SAf 4.71 I IF I 3.76 I SUBC 28.24 I BO.O* LIMA, DARIN RENE i I Cash I I I I I I 3680030 2004.0133 06/1412004 i FINE 20,DO i 20.00 PEREZ, ALEGRIA SAUL i I I i Cash I I I I I I 3680031 2004-0134 06/14/20D4 I JCPTY 1.09 I CVC 8,18 I TFC 1.64 I CCC 9.27 I FA I 2.73 I JCD I 0.27 I 30.00 PEREZ. ALE6RIA SAUL { CHS 1.64 I CHI 0.27 I SAF 2.73 I IF 2.18 I I I Cash I I I I 3680032 2004-0132 06/14/2004 I TFC 0.18 I CCC 2.35 I CNS 0.18 I SAF I 0.29 I IF I 0.24 { SUBC I 1.76 I 15.00 LUNA, DARIK RENE I DDC 10.00 Cash I I I I I 3M0033 2004-0125 06/15/2004 I CCC 40.00 I CHS 3.00 I SAF 5.00 I TF 4.00 I FINE I 153.00 I I 205.00 VENECIA. VICTOR Cash I I I I 3680034 2004-0138 06/15/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 I TF I 4,00 I SUBC 30.00 I 155,00 CLARK, ANTHONY SHAME I FINE 70.00 { I I I I I Money Order I I I I I 3680035 CV-03-0004 06/15/20U I AOJ 5.00 I I I I I I I I 5.00 DILLARD NATIONAL BANK Personal CheeK 36NO36 2004.0160 06/17/2004 I CCC 40.00 I CHS 3.00 I LAF 5.00 I IF 4.00 ( FINE 21.3.00 I I 295.00 OMEN, SHERRI ANN I I I I 1 Jail Credit I UW037 2004-0159 06/17/2004 I CCC 40.00 I CHS 3.00 I LAF 5.00 I IF 4.00 I FINE 243.00 I I 295.00 OLIEN, SHERRI ANN I I I { { Jail Credit { 3680038 2004-0127 06/17/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 I TF 4.GO I SUBC 30.00 I 95.00 ROGERS, CHRIS ALLEN I DDC 10.00 I I I I { Cred-Card/Trrafr I I I I 3WO39 2004-0148 06/17/2004 I TFC 3.00 I CCC. 40.00 I CHS 3.00 I SAF 5.00 I IF 1 4.00 I SUBC I 30.00 I 155.00 VANEK, RONDA SLONE I FINE 70.00 10 Money Order I I I I I I I 3660040 2004.0110 W21/2004 ( CCC 12.99 I CNS 0.97 I sAf 1.62 I TIME 8,12 I TF 1.30 I I 25.00 RODRIQUEZ, JESSE Money Order { I I I I I I U80041 Z004-0158 06/21/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 I If 4.00 I SUBC 30.00 I 95.00 STREBEL, JOIN J_ I DDC 10.00 I I I I I I Money Order 3680042 2004.0149 06/21/2004 I TFC 3.00 I CCC 40.00 I COS 3.00 I SAF 5.00 I Tf 4.00 I SUBC 30.00 I 225.00 SJOAN70N10, SCOTT DAVID I FINE 70.00 I OFF 70.00 I I I I { Money Order 3650043 JV-04-0018 06/22/2004 I FINE 200.00 I I ( I I I 200,00 CASTRO, GINA DEMISE Cases Service I I I I I I { 3680044 JV-04-0022 06/22/2004 I FINE 200.00 I I I I I I 200.00 RESSLER, SKALYNA DIANDRA I I I Coosa service 3660045 JV-04-0007 06/2Z/2004 I FINE 200.00 I I I I I I 200.00 PENA, TINA MARIE Cteen Service I I I I I I I • 07/01/2004, 67:23 5537063 JPPCTI PAGE 03 07/o1/2004 Monty Distribution Report JUSTICE OF TBE PEACE PCT. B1 JUNE 2004 Pape 3 _____________________________________________________________ Receipt [aura/DeferWant i Code Anwylt + Code Amowt i Code Amount i Code Amount Code Amount Code Amara Total 36400" JV-04-0008 06/22/2004 FINE 2S.00 COMP IAN, ANGELICA ASMYA i �.� Coven Service 3680047 2004-0107 06/22/2004 i FINE OVERTON, MICHAEL EDNARD JR. 100.00 i I I ' i 100.00 Cash I WOOLS 2004.0016 06/23/2004 FINE 60.00 f MOONET60.00 1 DIANE HELMS Money Order 3680049 2004.0135 06/23/2004 TFC 3.00 CCC 40.00 CNS 3.00 SAP $.Do I TF 4.00 SUBC 30.00 343.00 MATES, JAMEB JR. FINE 130,00 OFF 130,00 Pert l Check 3690050 2001.245 06/23/2004 JCPT 2.00 CVC 15.00 TFC 3.00 Ccc 17,00 FA 5.00 JCD 0.50 270.00 BERNAL, ROBERTO CNS 3.00 CMI 0.50 SAP 5.00 NRNT 50.00 TIME 25.00 TF 4.00 Cred-Card/Trmfr OPSC 30.00 FINE 110.00 3680051 2001.246 06/23/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CNS 3,00 ( 405.00 BERNAL, ROBERTO CHI 0.50 SAP 5.00 i WANT 50.00 TIME 25.00 IF 4.00 OPSC 30.00 Cred-Card/Trmtr FINE 248.00 i i 3680052 2004-0101 06/24/2004 [CC 40.00 CMS 3.00 SAP 5.00 TF 4.00 FINE 53.00 I 105.00 SAMCME2, OSCAR OUADALUPE Cann Service U80054 2004-0108 06/28/2004 TFC APOSTALO, MICHAEL WILLIAM SUBC 0.92 CCC B, 18 10.91 CNS 0.82 SAP 1.36 TIME 6.82 TF 1.09 30.00 Cash 3680055 2004.0145 BEYER, CARY LEE 06/29/2004 TFC FINE 3.00 CCC 70,00 40.00 CNS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 225.00 OFF 70.00 Money Order • 07/01/2004 07:23 5537063 JPPCT1 PAGE 04 07/01/2004 Money Distribution Report Page 4 .................. .----------------------- ------------------- --------------------------------------- ------------------------------- The following totals represent • Actual Money Received Type Code Description Count Retained Disbursed Moray -Total, COST CCC CONSOLIDATED COURT COSTS 30 100.42 903.75 1,004.17 COST CHS CMS 30 81.43 0.00 81.43 COST CHI CHI 4 0.18 1.59 1.77 COST CS CS 0 0.00 0.00 0.00 COST CVC CVC 4 5.32 47.86 53.18 OUT OPEC OPS OMNISASE FEE 2 19.80 LO.20 60.00 COST FA FA 4 1.78 15-95 17.73 COST JCD- JCD 4 0.18 1.59 1.77 COB? JCPT JCPT 4 0.71 6.38 7.09 COST LAF SHERIFF'S FEE 1 5.00 0.00 5.00 COST PILAF TEXAS PARKS S WILDLIFE 1 4.00 1.00 5.00 COST SAF DPS 28 100.57 25.14 125.71 COST SUBC SUBTITLE C 19 25.91 492.27 518.19 COST TF TECHNOLOGY FUND 30 108.57 0.00 108.57 COST TFC TFC 22 59.46 0.00 59.46 COST TIME TIME PAYMENT FEE 6 57.47 57.47 114.94 COST WRNT WARRANT FEE 2 100.00 0.00 100.00 FEES AOJ ABSTRACT Of JUDGEMENT 1 5.00 0.00 $.00 FEES DDC DEFENSIVE DRIVING 9 90.00 0.00 90.00 FEES DFF DEFERRED FEE 4 320.00 0.00 320.00 - FEES FFEE FILING FEE 1 10.00 0.00 10.00 FEES INDF INDIGENT FEE 1 0.10 1.90 2.00 FEES SFEE SERVICE FEE 1 60.00 0.00 60.00 FINE FINE FINE 17 1,490.00 0.00 1,490.00 FINE PWF PARKS 6 WILDLIFE FINE 1 10.95 62.05 73.00 Money Totals 35 2,656.85 1,657.15 4,314.00 The following totals represent - Jail Credit S Cowlanity Service COST CCC CONSOLIDATED COURT COSTS 6 %.40 174.60 194.00 COST CNS CBS 6 18.00 0.00 18.00 COST CMI CHI 2 0.10 0.90 1.00 • COST CS CS 2 40.00 0.00 40.00 cost CVC CVC 2 3.00 27.00 30.00 COST DPSC DPS OINIBASE FEE 0 0.00 0.00 0.00 COST FA FA 2 1.00 9.00 10.00 COST JCD JCD 2 0.10 0.90 1.00 COST JCPT JCPT 2 0.40 3.60 4.00 COST LAP SHERIFF'S FEE 3 15.00 0.00 t5.00 COST PQAF TEXAS PARKS 6 WILDLIFE 0 0.00 0.00 0.00 COST SAP DPS 1 4.00 1.00 5.00 COST SUBC SUBTITLE C 0 0.00 0.00 0.00 COST IF TECHNOLOGY FUND 6 24.00 0.00 24.00 COST TFC TFC 0 0.00 0.00 0.00 COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00 COST WRMT WARRANT FEE 0 0.00 0.00 0.00 FEES AOJ ABSTRACT OF JUDGEMENT - 0 0.00 0.00 0.00 FEES ODC DEFENSIVE DRIVING 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0,00 0.00 0.00 0 07/01/2004 07:23 5537063 JPPCTI PAGE 05 07/01/2004 ................................................"_--___.............__"_.-_.....................----------------"---"- Now Distribution Report Paga 5 The following totals represent . Jail Credit S Coumnity Service Type Code Description Count Retained Diatursad Money -Totals FEES FFEE FILING FEE 0 0.00 0100 0.00 •FEES FEES 1NDF INDIGENT FEE $FEE SERVICE FEE 0 0 0.00 0.00 0.00 0.00 0.00 0.00 FINE FINE FINE 8 1,407.00 0.00 1,407,00 FINE PWF PARKS i WILDLIFE FINE 0 0.00 0.00 0.00 Credit Total* 10 1,532.00 217.00 1,749.00 The following total% represent - Coobined Money and Credits COST CCC CDISOLIDATED COURT COSTS 36 119.92 1,078.35 1,196.17 COST CAS CNS 36 99.43 0.00 99.43 COST CHI CHI 6 0.28 2.49 2.77 COST CS CS 2 40.00 0.00 1.0.00 COST CVC CVC 6 0.32 74.86 83.18 COST DPSC DPS CMNISASE FEE 2 19.80 40.20 60.00 COST FA FA 6 2.78 24.95 27.73 COST JCD JCD 6 0.23 2.49 2.77 COST JCPT JCPT 6 1.11 9.90 11.09 COST LAF SNERIFF-S FEE 4 20.00 0.00 MOO COST POUF TEXAS PARKS S WILDLIFE 1 4.00 1.00 5.00 COST SAF OPs 29 104.57 26.14 130.71 COST SUBC SUBTITLE C 19 25.91 492.27 518.18 COST IF TECNNOLOGY FUND 36 132,57 0.00 132.57 COST TFC TFC 22 59.46 0.00 59,46 COST TIME TIME PAYMENT FEE 6 S7.47 57.47 114.94 COST WRNT WARRANT FEE 2 100,00 0.00 100,00 FEES AOJ ABSTRACT OF JUDGEMENT 1 5.00 0.00 5.00 FEES DOC DEFENSIVE DRIVING 9 90.00 0.00 90.00 FEES OFF DEFERRED FEE 4 320.00 0.00 320.00 FEES FFEE FILING FEE 1 10.G0 0.00 10.00 .FEES FEES INDF INDIGENT FEE SFEE SERVICE FEE 1 1 0.10 60.00 1.90 0.00 2.00 FINE FINE FINE 25 2,897.00 0.00 60.00 2,897.00 FINE PWF PARKS L WILDLIFE FINE 1 10.95 62.05 73.00 Report Total& 45 4,138.55 1,874.15 6,063.00 0 07/91/2004 07:2.3 5537063 JPPCTI PAGE 06 07/01/2004 Money Distribution Report ........................................................................................................ DATE PAYMENT -TYPE FINES COURT -COSTS FEES BONDS RESTITUTION OTHER 00/00/0000 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 COMBINED 0.00 0.00 0.00 0.00 0.00 O.DO 09/01/1991 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 COMBINED 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1993 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 COMBINED 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1993 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0100 D.00 0.00 0,00 0.00 COMBINED 0.00 0.00 0.00 0.00 0.00 MO 09/01/1997 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 COINED 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1999 ACTUAL MONEY 0.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0,00 0.00 0.00 COMBINED 0.00 0.00 O.OD 0.00 0.00 0.00 09/01/2001 ACTUAL MONEY 358.00 317.00 5.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 O.OD 0.00 COMBINED 358.00 317.00 5.00 0.00 0.00 0.00 09/01/2003 ACTUAL MONEY 60.00 0.00 0.00 0.00 0.00 0.00 CREDITS 0.00 0.00 0.00 0.00 0.00 0.00 COMBINED 60.00 0.00 0.00 0.00 0.00 0.00 01/01/2004 ACTUAL MONEY 1,145.00 1,947.00 482.00 O.OD 0.00 0.00 CREDITS 1,407.00 342.00 0.00 0.00 0.00 0.00 COMBINED 2,552.00 2,289.00 482.00 0.00 0.00 0,00 TOTALS ACTUAL MONEY 1,563.00 2,264.00 4B7.00 0.00 0.00 0.00 CREDITS 1,407.00 342.00 O.OD 0.00 0.00 0.00 COMBINED 2,970,00 2,606.00 487.OD 0.00 0.00 0100 TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 D.OD 0.00 0.00 680.00 0.00 680.00 60.00 0.00 60.00 3,574.00 1,749.00 5,323.00 4,314.00 1,749.00 6,063.00 Page 6 • • 9 07/01/20044 07:23 5537063 JPPCTI �5 0 • 0 07/01/2004 Money Distribution Report •................................... ................... DATE PAYMENT -TYPE FINES ............. COURT -COSTS ..................... FEES BONDS ..••------------------------ RESTITUTION OTHER TOTAL State of Texas Quarterly Reporting Totals Description Count Collected Retained Disbursed State Comptroller Coat and Fees Report Section 1: Report for Offenses ComItted 01-01-04 Forward 38 1,005.71 100.59 905.12 09-01-01 - 12-31-03 12 $0.00 6.00 72.00 09-01.99 - 08.31-01 0 0.00 0.00 0.00 09-01.97 - 08-31-99 0 0.00 0.00 0.00 09.01.95 - 08-31-97 0 0,00 0.00 0.00 09-01-91 - 00.31.95 0 0.00 0.00 0.00 Bail Bonds Fee 0 0.00 0.00 0.00 DNA Testing Fees 0 0.00 0.00 0.00 EMS Trauma, Fund GEMS) 0 0,00 0.00 0.00 Jwenlla Probation Diversion Faes 0 0.00 0.00 0.00 State Traffic Fees 19 518.18 25.91 492.27 Section 11: As Applicable State Police Officer Fees 28 125.71 100.57 25.14 Failure to Appear/Pay Fees 2 60.00 19.80 40.20 Judicial Fund - Corm County Court 0 0.00 0.00 Judicial Fund - statutory county Court 0 0.00 0.00 0.00 0.00 Motor carrier Weight Violations 0 0.00 0.00 0.00 Time P9yaeot Fee 6 114.94 57.47 57.47 Report Sub Total 105 1,904.54 312.34 1.592.20 State Comptroller Civil Fees Report CF: Birth Certificate Fw 0 0.00 0.00 0.00 CF: Marriage License Fees 0 Q.00 0.00 0.00 CF: Declared on of Inforeal Marriage 0 0.00 0.00 CF; Nondisclosure Fess 0 0.00 0.00 0.00 CF: Juror Donstiors, 0 0.00 0.00 0.00 CF: Justice Court India Filing Fees 1 2.00 0.00 CF: Stat ►rob Court Irdlg Filing Fees 0 0.00 0.10 1.90 CF: Stat Prob Court Judie Filing Foes 0 0.00 0.00 0.00 CF: Stet COTy Court India Filing Fees 0 0.00 0.00 CF: $tat CmTY Court Judie Filing Fees 0 0.00 0.00 0.00 CF: Chet Cnty Court Indig Filing Fees 0 0.00 0.00 0.00 CF: Cmt Cnty Court Judie Filing Fees 0 0.00 0.00 0.00 0.00 CF. Dist Court District 6 Family Lw 0 0.00 0.00 CF: Dist Court Other Divorce/Family Lew 0 0.00 0.00 0.00 CF,. Dist Court India Filing Fees 0 - 0.00 0.00 9.00 0.00 0.00 0.00 Report Sub Total 1 2.00 0.10 1.90 Total Due For This Period 106 1,906.54 312.44 1,5916.10 THE STATE OF TEXAS Before me, the udersigned Authority, this day County of Calhoun personally appeared Celestine V. Menchaca, Justice of the Peace Precinct 1, Calhoun County, Tex", who being duly sworn, dopes" end seye that the above and foregoing report is true end correct. Witness my hand this � day of , A.p.ai.4 0 4.7 Justice of the Peace, Precinct o 1 Calha n County, TUNS Page 7 07/01/2004 07;23 5537063 JPPCTI PAGE 08 Subscribed and ayorn to this day of Calhoun County, Texas I60 • • 07/Ol/2004 Money Distribution Report Page 1 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ________________________________________________ Receipt Cause/Defendant I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount ____________________ I Code Amount I Total 0391834 2004-0917 06/01/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 I IF 4.00 SUBC 30.00 GREGORY, SHERRY LYNN I FINE 1.00 I I I 86.00 Cash I I I I I 0391835 2003-2054 06/01/2004 I JCPT 0.57 I CVC 4.18 I TFC 0.84 I CCC 4.74 I FA 1.39 I I PEREZ, ELOY JR I CHS 0.84 I CMI 0.14 I SAF 1.39 I WRNT 13.93 I JCD 0.14 I 100.00 Money Order I SUBC 8.36 I FINE 55.40 I TIME 6.97 I TF 1.11 • 0391836 2003-2418 06/01/2004 I FINE 15.00 I ROGERS, BRANDY THERESE I 15.00 Money Order I I I 0391837 2004-1097 06/01/2004 I TFC 3.00 I CCC 40.00 CHS 3.00 I LAF 5.00 I TF 4.00 I I MARROOUIN, JOSE S I FINE 50.00 I SUBC 30.00 I 135.00 Money Order 0391838 2004-1102 06/01/2004 I TFC 3.00 I CCC 40.D0 I CHS 3.00 I SAF 5.00 IF BIGON, LINDSEY DEANN I DDC 1000 . I 4.00 I SUBC 30.00 I 95.00 Money Order 0391839 06/01/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 TF BENES, LAURA LAURA LEE I FINE 70.00 I 4.00 I SUBC 30.00 I 155.00 Money Order I 0391840 CV2004-0017 06/01/2004 I WOP 100.00 FF 10.00 KLIMPLE, WADE I I i I 110.00 Cash 0391841 2003-1055 06/01/2004 SEAT 27.00 I CSRV 37.50 RICHARD, GREGORIA I I i i I 64.50 Cash I I 0391842 2003-0497 06/01/2004 I JCPT 2.00 I CVC 15.00 I CCC 17.00 I FA 5.00 I I I NEWHCaah CHRISTOPHER RYAN I CMI 0.50 SAF 5.00 I WRNT 50.00 I JCD 0.50 I CHS 3.00 I 235.00 CSRV 47.00 I TIME 25.00 I TF 4.00 I FINE 61.00 0391843 2004-1022 06/01/2004 I TFC 3.00 CCC 40.00 I CHS 3.00 I SAF 5.00 SALINAS, OSCAR DDC 10.00 i TF 4.00 i SUBC 30.00 I 95.00 Cash i 0391844 2004-0861 06/02/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 GREY, DOUGLAS ALLEN I FINE 70.00 I TF 4.00 I SUBC 30.00 I 155.00 Cred-Card/Trnsfr 0391845 2004-1017 06/02/2004 I TFC 3.00 I CCC 40.00 CHS 3.00 BARRIS, DONALD W III I FINE 70.00 i i SAF 5.00 i IF 4.00 i SUBC 30.00 I 155.00 Cred-Card/Trnsfr 0391846 2004-0841 06/02/2004 I TFC 0.14 I CCC 2.86 CHS 0.14 LAF BUSTOS, ALBERT JOSEPH FINE 180.00 i i 0.24 I TF 0.19 I SUBC 1.43 I 185.00 Cred-Card/Trnsfr I I 0391847 2003-0128 06/02/2004 I JCPT I 2.00 CVC I 15.00 I CCC I 17.00 I FA I 5.00 ORTIZ, DAVID I CMI 0.50 I LAF 5.00 I JCD 0.50 I CHS 3.00 I 210.00 Jail Credit I FINE 53.00 I WRNT 50.00 I TIME 25.00 I TF 4.00 I DPSC 30.00 0391848 2003-0127 06/02/2004 I JCPT 2.00 CVC 15.00 I CCC 17.00 ORTIZ, DAVID I CMI 0.50 I LAF 5.00 I FA 5.00 I JCD 0.50 I CHS 3.00 I 210.00 Jail Credit I FINE 53.00 I WRNT 50.00 I TIME 25.00 I TF 4.00 I DPSC 30.00 0391849 SC2004-0013 06/02/2004 SF 60.00 FFSC 10.00 I CI FF 2.00 G 8 W ENGINEER INC, i i j I 72.00 Personal Check I 0391850 2003-2532 06/02/2004 I JCPT 0.71 I CVC 5.29 I TFC 1.06 PEREZ, KEVIN JAMES CHS 1.06 I CCC 6.00 I FA 1.77 I JCD 0.17 I 30.00 Money Order i i CMI 0.17 i SAF 1.77 i TF 1.41 i SUBC 10.59 0391851 2004-0966 06/02/2004 I CCC 12.97 CHS 0.98 LAF 1.63 I TIME 8.12 JAYCOX, ANGELA ORTA i i I IF 1.30 I I 25.00 Money Order I I I I I 0 07/01/2004 Money Distribution Report Page 2 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP 42 ------------------------------------------------------------------------------------------------------------------------------------ Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 0391852 2004-0391 06/02/2004 CCC 40.00 CHS 3.00 SAF 5.00 TIME 25.00 7F 4.00 FINE 53.00 130.00 GOFF, DAVID CLAYTON Comm Service 0391853 CV2004-0018 06/02/2004 I WOP 100.00 FF 10.00 KLIMPLE, WADE 110.00 Cash 0391854 2004-0777 06/02/2004 CCC 19.24 CHS 1.44 LAF 2.40 IF 1.92 MORALES, SHARON LYNN 25.0040 Cash 0391855 JV0304-0104 06/02/2004 JCPT 0.29 CVC 2.24 CS 2.99 CCC 2.54 FA /0.75 JCD 0.07 10.00 POOT, JORGE ALBERTO I CHS 0.45 I CHI 0.07 I TF 0.60 Cash 0391856 2004-0328 06/02/2004 FINE 60.00 60.00 BROWN, SHELLEY SMILEY Cash 0391857 2004-0894 06/02/2004 TFC 0.71 CCC: 9,41 CHS 0.70 ' SAF 1.18 TF 0.94 SUBC 7.06 20.00 DELAROSA, ROBERTO C Cash 0391858 2003-2186 06/02/2004 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 FA 5.00 JCD 0.50 258.00 ORDAZ, SARA MIRELES CHS 3.00 CHI 0,50 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 Cash SUBC 30.00 FINE 50.00 CSRV 48.00 - 0391859 2004-0258 06/02/2004 TFC 0.09 CCC 1.36 CHS 0.10 SAF 0.17 WRNT 5.77 TIME 2.89 15.00 PEELER, MARY ELLEN TF 0.14 DPSC 3.46 SUBC 1.02 Cash 0391860 2004-1147 06/02/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 I TF 4.00 SUBC 30.00 125.00 YORK, JENNIFER I FINE 40.00 Money Order 0391861 2004-0858 06/02/2004 TFC 0.87 CCC 11.77 CHS 0.88 SAF 1.47 TF 1.18 SUBC 8.83 25.00 BIGNELL, TIFFANIE JAE Cash 0391862 2004-0689 06/03/2004 FINE 20.00 HUFF, BRUCHA LICHELLE 20.00 Cash 0391863 2004-0727 06/03/2004 FINE 25.00 REYNA, JASON i I I I I 25.00 Money Order I ' 0391864 2004-1035 06/03/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 MOSES, WALTER ALLEN FINE 5.00 SUBC 30.00 90.00 Money Order 0391865 2004-1121 06/03/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 PERRIGUE, CARL ALVIN JR I FINE 40.00 SUBC 30.00 125.00 Money Order 0391866 2004-1149 06/03/2004 CCC 19.24 CHS 1.44 SAF 2.40 7F 1.92 MCMAHAN, DEREK EUGENE i i i i 25.00 Cash 0391867 2004-0913 06/03/2004 TFC 0.70 CCC 9.41 CHS 0.71 SAF 1.18 TF 0.94 SUBC 7.06 20.00 AMEJORADO, JEREMIAH ANTHONY Cash 0391868 2004-0586 06/03/2004 TFC 0.71 CCC 14.29 CHS 0.71 LAF 1.19 I TF 0.95 SUBC 7.15 25.00 BARRIOS, JOHNNY Cash 0391869 2004-0367 06/03/2004 TFC 0.69 CCC 14.29 CHS 0.72 LAF 1.19 IF 0.96 MENCHACA, EUGENIO JR SUBC 7.15 25.00 Personal Check • 07/01/2004 Money Distribution Report Page 3 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP 42 --------------------------------------------------------------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code -------------------------- Amount Code Amount Total 0391870 2004-0325 06/03/2004 FINE 25.00 25.00 GIESECKE, GRETCHEN MICHELLE Cash 0391871 2004-1172 06/03/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 IF 4.00 SUBC 30.00 135.00 VANETTEN, FREDERICK M FINE 50.00 Cred-Card/T rnsfr 0391872 2004-0872 06/03/2004 CCC 20.76 CHS 1.56 SAF 2.60 IF 2.08 FINE 3.00 30.00 OSTLER, CHARLES JAMES Cash 0391873 2004-0740 06/03/2004 FINE 50.00 50.00 OLACHIA, PEDRO GUTIERREZ Cash I , 0391874 2004-0190 06/03/2004 FINE 45.00 PHILLIPS, WILLIAM G I 45.00 Cash 0391875 2004-1018 06/04/2004 TFC 0.70 CCC 9.41 CHS 0.71 SAF 1.18 IF 0.94 SUBC 7.06 20.00 CAVAZOS, ALEXANDRIA Cash 0391876 2004-0842 06/04/2004 CCC 40.00 CHS 3.00 LAF 5.00 IF 4.00 FINE 243.00 GARCIA, ESTEBAN I 295.00 Jail Credit 0391877 2003-2243 06/04/2004 JCPT 2.00 CVC 15.00 I TFC 3.00 CCC 17.00 FA 5.00 JCD 0.50 GUERRERO, ISAEL GIOVANNI i CHS 3.00 CHI 0.50 LAF 5.00 TF 4.00 SUBC 30.00 85.00 Money Order i i 0391878 2003-2243 06/04/2004 FINE 110.00 GUERRERO, ISAEL GIOVANNI ' I 110.00 Comm Service 0391879 2004-0128 06/04/2004 FINE 45.00 SITKA, BILLY JOSEPH SR i I I i I 45.00 Money Order I 0391880 2004-1164 06/04/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 IF PARKA, FRANK J DOC 10.00 4.00 SUBC 30.00 95.00 Money Order i 0391881 2004-1092 06/04/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 7F 4.00 BELL, SAMMY JOE DOC 10.00 SUBC 30.00 95.00 Money Order • 0391882 JV0304-0108 06/04/2004 JLPT 2.00 CVC 15.00 CS 20.00 CCC 17.00 FA 5.00 FOSTER, WILLIAM TROY CHS 3.00 CHI 0.50 IF 4.00 JCD 0.50 100.00 Comm Service I FINE 33.00 0391883 2003-1717 06/04/2004 FINE 5.00 MALATEK, JAIME I I 5.00 Cash 0391884 2004-0912 06/04/2004 TFC 0.36 CCC 4.70 CHS 0.35 SAF 0.59 TF ADAMS, RHONDA LOU FINE 10.00 0.47 SUBC 3.53 20.00 Cash 0391885 2004-0461 06/04/2004 FINE 20.00 CLEGG, MARTA 20.00 Cash 0391886 1998-1125A 06/04/2004 FINE 50.00 CRUZ, ELIZABETH BENIVAMOND 50.00 Cash 0391887 2004-1160 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 7F 4.00 HART, JAMES WILLIAM I FINE 70.00 SUBC 30.00 155.00 Cred-Card/Trnsfr 07101/2004 Money Distribution Report Page 4 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ____________________________________________________________ Receipt Cause/Defendant I Code Amount Code Amount Code Amount I Cade Amount Code Amount Code Amount Total 0391888 2004-1111 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 4.00 STATESIR, MARK DOUGLAS I FINE 70.00 IF SUBC 30.00 155.00 Cred-Card/Trnsfr 0391889 2004-0986 06/07/2004 TFC 0.72 CCC 14.29 CHS 0.71 LAP 1.19 IF 0.95 SUBC 7.14 SERNA, GERARDO 25.00 Money Order 0391890 2004-0273 06/07/2004 FINE 35.00 BROWNING, TANYA i 35.00 Cash 0391891 2003-0259 06/07/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 BROWNING, TANYA I CHI 0.50 I SAP 5.00 I TIME 25.00 IF 4.00 JCD FINE 0.50 253.00 CHS 3.00 330.00 Cash 0391892 2003-0258 06/07/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 BROWNING, TANYA CMI 0.50 SAP 5.00 TIME 25.00 JCD 0.50 CHS 3.00 130.00 Cash I IF 4.00 FINE 53.00 0391893 CV2004-0019 06/07/2004 LOP 100.00 FF 10.00 BORDEAUX APT, 110.00 Cash 0391894 2004-1100 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAP 5.00 1 7F 4.00 TIJERINA, HECTOR SIMON DOC 10.00 i SUBC 30.00 95.00 Money Order 0391895 2004-1114 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 TAYIOR, JEAN HILL I OFF 195.00 IF 4.00 SUBC 30.00 280.00 Cashier's Check 0391896 2004-0978 06/07/2004 CCC 40.00 CHS 3.00 SAF 5.00 + TF 4.00 ROBLES, JOHNNY ANGEL FINE 253.00 305.00 Money Order 0391897 2004-1166 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 TF 4.00 SCAYOLA, GUALBERTO DDC 10.00 SUBC 30.00 95.00 Cashier's Check 0391898 2004-1173 06/07/2004 TFC 3.00 1 CCC 40.00 CHS 3.00 SAP 5.00 TF 4.00 SUBC 30.00 WOLSKE, SHERYL LYNN DDC 10.00 95.00 Cashier's Check 0391899 2004-1122 06/07/2004 TFC 3.00 CCC 60.00 CHS 3.00 LAP 5.00 IF 4.00 SPRING, JOHN ALLEN FINE 180.00 SUBC 30.00 285.00 Cash 0391900 2004.1046 06/07/2004 TFC 1.42 CCC 18.82 CHS 1.41 LAP 2.35 COX, MISTY D i i TF 1.88 SUBC 14.12 40.00 Cash 0391901 2001.1861 06/07/2004 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 GOMEZ, RUBEN L CHS 3.00 CMI 0.50 LAP 5.00 FA 5.00 JCD 0.50 265.00 Personal Check FINE 130.00 i WRNT 50.00 i IF 4.00 OPSC 30.00 j 0391902 2001-1861A 06/07/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA GOMEZ, RUBEN L I CHI 0.50 I WRNT 50.00 5.00 JCD 0.50 CHS 3.00 422.00 IF 4.00 DPSC 30.00 FINE 210.60 I CSRV 84.40 Personal Check i i 0391903 2003-0207 06/07/2004 FINE 40.00 CSRV 10.00 MALDONADO, ALMA DELIA 50.00 Personal Check 0391904 2003-2510 06/07/2004 FINE 30.00 JARAMILLO, BENEDICTO HUERTA 30.00 Cash 0391905 2003-1870 06/07/2004 SEAT 20.00 JARAMILLO, BENEDICTO HUERTA 20.00 Cash • • • i'ci' 07101/2004 Money Distribution Report Page 5 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ----------------------------------------------------------------------------------------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 0391906 2003-2676 06/07/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 BARRIER, ERIC DWAYNE CMI 0.50 LAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 CHS FINE 3.00 53.00 234.00 Personal Check CSRV 54.00 0391907 2004-0179 06/07/2004 CCC 40.00 CHS 3.00 SAF 5.00 WRNT 50.00 TIME 25.00 TF 4.00 234.00 JONES, ALLEN JR FINE 53.00 I CSRV 54.00 Personal Check 0391908 2004-0280 06/07/2004 • WRNT 50.00 TIME 25.00 DPSC 30.00 FINE 53.08 CSRV 47.42 DELOSSANTOS, RICNARD 205.50 Personal Check 03919D9 2003-2707 0610712004 JCPT 2.00 ( CVC 15.00 TFC 3.00 ( CCC 17.00 ( FA 5.00 ELLIOTT, PATRICK NEIL CHS 3.00 CMI 0.50 SAF 5.00 WRNT 50.00 I TIME 25.00 JCD TF 0.50 273.00 Personal Check SUBC 30.00 FINE 50.00 CSRV 63.00 I 4.00 0391910 2003-2701A 06/07/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 ELLIOTT, PATRICK NEIL CMI 0.50 WRNT 50.00 TF 4.00 FINE 295.00 CHS 3.00 509.60 Personal Check CSRV 117.60 0391911 2004-0152 06/07/2004 ( WRNT 50.00 ( TIME 25.00 DPSC 30.00 FINE 5.00 CSRV 24.00 GARCIA, ENRIQUE ALEJO i i ( ( 134.00 Personal Check 0391912 2004-0840 06/07/2004 CCC 19.24 CHS 1.44 LAF 2.40 ( TF 1.92 TRIPPLETT, TAMMIE LYNN 25.00 Cash 0391913 2004-1162 06/07/2004 TFC 3.00 CCC 40.00 f CHS 3.00 ( SAF 5.00 LANGEN, HAROLD JOSEPH JR I DOC 10.00 f TF 4.00 ( SUBC 30.00 ( 95.00 Money Order 0391914 2004-1177 06/07/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 CALCOTE, DEWAYNE ALLEN JR I FINE 11000 . IF 4.00 SUBC 30.00 195.00 Money Order 0391915 JV0203-0044 06/07/2004 FINE 20.00 PEREZ, ERIC ANTHONY 20.00 Cash 0391916 2002-1112 06/08/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 FURSTENFELD, MARSHALL RAY CMI 0.50 I SAF 5-DO WRNT 50.00 JCD 0.50 CHS 3.00 210.00 Jail Credit FINE 53.00 I TIME 25.00 I IF 4.00 DPSC 30.00 0391917 2002-1111 06/08/2004 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 FURSTENFELD, MARSHALL RAY CHS 3.00 CMI 0.50 FA 5.00 ( JCD 0.50 ( 200.00 Jail Credit ( DPSC 30.00 ( SAF 5.00 ( WRNT 50.00 ( TIME 25.00 ( TF 4.00 • 0391918 2004-1182 06/08/2004 TFC 3.00 SEAT CCC 40.00 40.00 CHS 3.00 YENDREY, DONALD RAY I FINE 40.00 SAF 5.00 TF 4.00 SUBC 30.00 125.00 Money Order 0391919 2004-1036 06/08/2004 TFC 3.00 CCC 40.00 CHS 3.00 MEYER, ANDREW D I FINE 50.00 SAF 5.00 TF 4.00 SUBC 30.00 135.00 Cashier's Check 0391920 2004-0972 06/08/2004 TFC 3,00 CCC 40.00 ( CHS 3.00 CURLEE, JOHN EDWARD II FINE 40.00 SAF 5.00 TF 4.00 SUBC 30.00 125.00 Money Order 0391921 2004-1156 06/08/2004 TFC 3.00 CCC 40.00 CHS 3.00 DAVIS, RODNEY WAYNE OFF 135.00 SAF 5.00 IF 4.00 SUBC 30.00 220.00 Money Order f 0391922 2004-1152 06/08/2004 TFC 3.00 CCC 40.00 CHS 3.00 BARNES, THOMAS MICHAEL FINE 50.00 SAF 5.00 TF 4.00 SUBC 30.00 135.00 Money Order 0391923 2004-1105 06/08/2004 TFC 3.00 CCC 40.00 CHS 3.00 HEMBY, DAWN LEA DDC 10.00 SAF 5.00 IF 4.00 SUBC 30.00 95.00 Money Order 07/61/2004 Money Distribution Report Page 6 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ----------------------------- _------------ Receipt Cause/Defendant I Code __------------------------------------------ Amount I Code Amount I Code Amount Code Amount I Code Amount Code Amount Total 0391924 2004.1011 06/08/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF 4.00 MILLSAPS, ROBERT MARVIN FINE 70.00 i i i SUBC 30.00 ( 155.00 Money Order 0391925 2004-1013 06/08/2004 TFC 1.13 CCC 22.86 CHS 1.14 LAF 1.91 TF 1.53 WILLIAMS,TODD ANTHONY i i i SUBC 11.43 40.00 Cash I 0391926 2004-1108 06/09/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 • MANIAR, KETANKUMAR KRISHNAK FINE 110.00 i i i SUBC 30.00 195.00 Cash 0391927 2003-1584A 06/09/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 LEE, JOSHUA EUGENE CMI 0.50 I WRNT 50.00 TF 4.00 FINE 295.00 I CSRV 117.60 CHS 3.00 509.60 Jail Credit 0391928 2003-1584 06/09/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 LEE, JOSHUA EUGENE CMI 0.50 LAF 5.00 WRNT 50.00 TIME 25.00 JCD 0.50 CHS 3.00 494.00 Jail Credit CSRV 114.00 I TF 4.00 I FINE 253.00 0391929 2004-1155 06/09/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 7F 4.00 CONTRERAS, VIRGINIA S I DOC 10.00 i i SUBC 30.00 95.00 Money Order 0391930 2004-0959 06/09/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 VALDEZ, JUAN FINE 110.00 IF 4.00 SUBC 30.00 195.00 Cashier's Check 0391931 2004-1069 06/09/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TORRES, JOSE LUIS I DDC 10.00 IF 4.00 SUBC 30.00 95.00 Money Order l 0391932 2004-0601 06/09/2004 TFC 0.89 I CCC 11.76 CHS 0.89 I SAF 1.47 ESPINO, ANTONIO JR TF 1.17 SUBC 8.82 25.00 Money Order 0391933 2004-1193 06/09/2004 CCC 40.00 CHS 3.00 SAF 5.00 CARTER, HOWELL CURTIS IF 4.00 FINE 243.00 295.00 Cash 0391934 JV0304-0057 06/09/2004 JCPT 0.51 CVC 3.81 CS 5.07 RAMIREZ, EMILIE CHS 0.76 CCC 4.31 FA 1.27 JCD 0.13 50.00 CMI 0.13 TF 1.01 FINE 33.00 Cash i i 0391935 2004-1060 06/09/2004 TFC 3.00 CCC 60.00 CHS 3.00 LAF 5.00 KING, ANDREN FINE 180.00 i i i TF 4.00 SUBC 30.00 285.00 Lash I I • 0391936 2004-0613 06/09/2004 FINE 60.00 KING, CHRISTOPHER LEE 60.00 Cash 0391937 2004-0322 06/10/2004 WRNT 50.00 DPSC 30.00 FINE 47.90 MATTHEWS, PATRICK WAYNE i i i CSRV 54.60 182.50 Money Order 0391938 2004-1075 06/10/2004 FINE 60.00 KLIEM, CRYSTAL DAWN I 60.00 Money Order I I 0391939 2004-1132 06/10/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF GUERRERO, JUAN FIDEL DDC 10.00 4.00 SUBC 30.00 95.00 Cash 0391940 2002-1513A 06/10/2004 I WRNT 50.00 FINE 223.60 CSRV 68.40 PEREZ, DANIEL LEE JR 342.00 Personal Check 0391941 2002-1513 06/10/2004 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 PEREZ, DANIEL LEE JR CHS 3.00 CMI 0.50 FA 5.00 JCD 0.50 290.00 Personal Check SAF 5.00 I WRNT 100,00 I TIME 25.00 TF 4.00 FINE 52.00 CSRV 58.00 0 -Lb`j 07/01/2004 Money Distribution Report Page 7 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ----------------------------------------------------------------------------------------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount Total 0391942 2004-1200 06/10/2004 CCC 40.00 CHS 3.00 LAF 5.00 IF 4.00 FINE 243.00 295.00 DIERLAM, DEREK DAN Personal Check 0391943 2004-0294 06/10/2004 TFC 0.53 CCC 7.06 CHS 0.53 SAF 0.88 WRNT 50.00 TIME 25.00 230.00 VASQUEZ, DAMIAN EDWARD TF 0.71 DPSC 30.00 SUBC 5.29 FINE 110.00 Personal Check 0391944 2004-0818 06/10/2004 TFC 0.87 CCC 11.77 CHS 0.88 SAF 1.47 TF 1.18 TORRES, JASON i SUBC 8.83 25.00 Cash 0391945 2004-1211 06/10/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 125.00 MOORE, BRANDON CADE I FINE 40.00 Money Order 0391946 2004-1041 06/11/2004 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 FINE 8.00 RUBIO, ADAN JR i 60.00 Cash 0391947 2003-2785 06/11/2004 FINE 60.00 MORENO, ADRIAN SANCHEZ i i 60.00 Cash 0391948 2004-1119 06/14/2004 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SERNA, ROY i i FINE 53.00 105.00 Cash 0391949 2004-1138 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF MCDOW, LWIS JR I CDC . 1000 i i 4.00 SUBC 30.00 I i 95.00 Money Order 0391950 CV2004-0020 06/14/2004 SF 60.00 CVFF 15.00 CIFF 2.00 CITY OF PORT LAVACA, I 77.00 Personal Check 0391951 CV2004-0021 06/14/2004 SF 60.00 CVFF 15.00 CIFF 2.00 CITY OF PORT LAVACA, i i 77.00 Personal Check 0391952 CV2004-0022 06/14/2004 SF 60.00 CVFF 15.00 CIFF 2.00 CITY OF PORT LAVACA, 77.00 Personal Check I 0391953 CV2004-0023 06/14/2004 SF 60.00 CVFF 15.00 CIFF 2.00 CITY OF PORT LAVACA, i 77.00 Personal Check I • 0391954 2004-1212 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 ORNELAS, IGNACIO MARTINEZ I SEAT 100.00 SAF 5.00 TF 4.00 SUBC 30.00 185.00 Cash 0397955 2004-0519 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 MARROOUIN, JASON I TF 4.00 SAF 5.00 WRNT 50.00 TIME 25.00 200.00 Cash DPSC 30.00 I SUBC 30.00 I FINE 10.00 0391956 2004-0708 06/14/2004 FINE 50.00 RODRIGUEZ, ABRAHAM H 50.00 Cash 0391957 2003-2604 06/14/2004 FINE 60.00 VELASOUEZ, ANTONIO 60.00 Cash I I 0391958 2004-0503 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 OLIVAREZ, MICHAEL I FINE 1500 . SAF 5.00 TF 4.00 SUBC 30.00 100.00 Money Order 0391959 2004-1137 06/14/2004 TFC 3.00 CCC 40.00 GARZA, MARION FINE Z0 0.00 i CHS 3.00 ' LAF 5.00 TF 4.00 SUBC 30.00 285.00 Money Order J 0 7JL 67 07/01/2004 Money Distribution Report Page 8 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 -------------------------------------------------------.---------------------.----------------------------------.------------------- Receipt Cause/Defendant I Code Amount Cade Amount Code Amount Code Amount Cade Amount Code Amount Total 0391960 2004-1171 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 95.00 SHEARER, NANETTE MOUNT DDC 10.00 Personal Check 0391961 2004-0938 06/14/2004 TFC 3.00 CC(: 40.00 CHS 3.00 LAF 5.00 TF 4.00 SUBC 30.00 195.00 CAMPBELL, ALEX FINE 110.00 Personal Check 0391962 2004-1071 06/14/2004 TFC 0.89 CCC 11.76 CHS 0.88 SAF 1.47 TF 1.18 SUBC 8.82 25.00 ARAGON, YESENIA MARGARITA Money Order 0391963 2003-1091 06/14/2004 WRNT 50.00 TIME 25.00 DPSC 30.00 FINE 60.38 CSRV 49.62 215.00 RIOS, JOSE MARIA Cashiers Check 0391964 2004-0276 06/14/2004 ( TFC 0.77 CCC: 10.53 CHS 0.79 SAF 1.32 WRNT 13.16 I TIME 6.58 50.00 BARECKY, DAVID THOMAS TF 1.05 DPSC 7.90 SUBC 7.90 Cash 0391965 2004-0782 06/14/2004 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 FINE 108.00 160.00 BROWN, JAMES MICHAEL JR Cash 0391966 2004-0781 06/14/2004 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 FINE 53.00 105.00 BROWN, JAMES MICHAEL JR Cash 0391967 2001-0568A 06/14/2004 JCPT 2.00 CVC 17.00 CCC 15.00 ( FA 5.00 JCD 0.50 CHS 3.00 422.00 GARCIA, RENE A CHI 0.50 WRNT 50.00 IF 4.00 DPSC 30.00 FINE 210.60 CSRV 84.40 Cash 0391968 2001-0568 06/14/2004 JCPT 2.00 CVC 15.00 TFC 3.00 CCC 17.00 FA 5.00 JCD 0.25 265.00 GARCIA, RENE A CHS 3.00 LAF 5.00 WRNT 50.00 TIME 25.00 DPSC 30.00 FINE 56.75 Cash CSRV 53.00 0391969 2004-0604 06/14/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 95.00 GREEN, JOHNNIE MARVIN I DDC 10.00 Money Order 0391970 2004-0350 06/14/2004 OFF 45.00 I I 45.00 ZAPATA, ANTHONY RAY Cash 0391971 2004-0219 06/14/2004 TFC 0.60 CCC 8.00 CHS 0.60 SAF 1.00 WRNT 50.00 TIME 5.00 80.00 GARZA, JOSE GUADALUPE TF 0.80 SUBC 6.00 FINE 8.00 Cash 0391972 2003-2743 06/14/2004 FINE 40.00 40.00 ANDERSON, AMANDA AUGUSTA Cash 0391973 2004-0754 06/15/2004 FINE 75.00 75.00 CARRILLO, ABEL Cred-Card/Trnsfr 0391974 2004-1179 06/15/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 125.00 FLORA, JOSH PATRICK FINE 40.00 Cred-Card/Trnsfr 0391975 2004-0625 06/15/2004 FINE 90.00 90.00 OVENS, BLAIR ANDREW Cred-Lard/Trnsfr 0391977 2004-0492 06/15/2004 TFC 0.89 CCC 11.76 CHS 0.88 SAF 1.47 TF 1.18 SUBC 8.82 25.00 VERA, WILLIAM Money Order 0391978 2004-1180 06/15/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 95.00 GARZA, SANTIAGO JR DDC 10.00 Money Order u 7 ' 4 Q -lt'J 07/01/2004 Money Distribution Report Page 9 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code Amount ( Total 0391979 JV0304-0107 06/15/2004 JCPT 0.82 ( CVC 6.04 (CS 8.06 f CCC 6.85 ( FA 2,01 ( JCD 0,20 ( 60.00 BANDA-DELEON, ABIGAIL CHS 1.21 I CMI 0.20 IF 1.61 FINE 33.00 Comm Service 0391980 2003-2425 06/15/2004 i EXRF 10.00 i i I i 10.00 LOPEZ, RICARDO I I Cash �0391981 2003-1795 06/15/2004 ( JCPT 0.08 CVC 0.56 ( TFC 0.11 CCC 0.64 ( FA 0.79 ( JCD 0.02 ( 10.00 LOPEZ, RICARDO CHS 0.11 CMI 0.02 LAF 0.19 i WRNT 4.54 TIME 2.27 TF 0.15 Cash SUBC 1.12 0391982 2004.1149 06/15/2004 I CCC 19.22 CHS 1.44 i SAF 2.41 i IF 1.93 i 25.00 MCMAHAN, DEREK EUGENE Cash 0391983 JV0304-0129 06/15/2004 JCPT 2.00 ( CVC 75.00 CCC 17.00 FA 5.00 JCD 0,50 ( CHS 3.00 100.00 HICKS, TONY CMI 0.50 I IF 4.00 FINE 53.00 I Comm Service 0391984 JV0304-0130 06/15/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 I CHS 3.00 I 100.00 HICKS, JOSHUA I CMI 0.50 IF 4.00 FINE 53.00 Comm Service 0391985 2004-1091 06/15/2004 ( CCC 40.00 ( CHS 3.00 LAF 5.00 TF 4.00 i FINE 68.00 i 120.00 AUSTIN, JOSHUA H Cash 0391986 2004-0505 06/16/2004 FINE 40.00 I i 40,00 RAMIREZ, THOMAS CANTU JR Cred-Card/Trnsfr 0391987 2004-0789 06/16/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 ( SUBC 30.00 135.00 MYERS, TRINE IRMA I FINE 50.00 I Personal Check 0391988 2004-1202 06/16/2004 I TFC 0.89 CCC 11 AVILES, IRMA JAIMES .76 I CHS 0.88 I SAF 1.47 I TF 1.18 I SUBC 8.82 I 25.00 jCash 0391989 2004-7170 06/16/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 i TF 4.00 SUBC 30.00 I 95.00 SANDOVAL, JOSE ORLANDO I DOC 10.00 I I Money Order 0391990 2004-1154 .00 06/16/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 i SAF 5.00 i TF 4.00 SUBC 30.00 95,00 I I BOWERS, BILLY DEE DDC 10 Money Order I �391991 2004-1158 Ob/16/2004 I TFC 3.00 I CCC 40.00 i CHS 3.00 i SAF 5.00 I IF 4.00 SUBC 30.00 I 240.00 GUENTER, ROBERT TOBIN I OFF 155.00 I Money Order 0391992 2004-0635 06/16/2004 I OFF 140.00 RESENDEZ, SABRINA ANNE I I I I I 140.00 Cash 0391993 2004-0747 06/16/2004 I CCC 40.00 I CHS 3.00 I SAF 5.00 IF 4,00 i FINE 148.00 I 200.00 VOSSLER, BRENT AARON Cash I I I I I I I 0391994 2002-0930A 06/16/2004 I JCPT 2.00 I CVC 15.00 CCC 17.00 I FA 5.00 I JCD 0.50 I CHS 3.00 I 422.00 SANDOVAL, MICHELLE I CMI 0.50 I WRNT 50.00 i IF 4,00 i DPSC 30.00 FINE 295.00 Money Order 0391995 2002-0930 06/16/2004 I JCPT 2.00 CVC 15.00 I SANDOVAL, MICHELLE TFC 3.00 I CCC 17.00 I FA 5.00 JCD 0.50 I 260.00 I CHS 3.00 I CMI 0.50 I LAF 5.00 I WRNT 50.00 I TIME 25.00 i IF 4.00 Money Order I DPSC 30.00 I SEAT 48.00 I CSRV 52.00 0391996 2004-1205 06/16/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5 GON2ALE2, JORGE LUIS .00 I IF 4.00 I SUBC 30.00 I 155.00 FINE I 70.00 Money Order I I t 07/01/2004 Money Distribution Report Page 10 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ------------------------------------------------------------------------------------------------------------------- Receipt Cause/Defendant Code Amount Code Amount Code Amount Code Amount Code Amount Code --------------- Amount Total 0391997 2004-0694 06/16/2004 TFC 0.71 CCC 9.41 CHS 0.71 SAF 1.17 IF 0.94 SUBC 7.06 20.00 DELAROSA, ROBERTO C Cash 0391998 2004-0988 06/17/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF 4.00 SUBC 30.00 215.00 QUINN, STEVEN LEE FINE 130.00 Money Order 0391999 2004.1098 06/17/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF 4.00 SUBC 30.00 155.00 MARTINEZ, JUAN LOPEZ FINE 70.00 Money Order 0392000 2004-0457 06/17/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 155.00 ARRAZOLA, ALBERT FINE 70-00 , Money Order 0392001 2004-1223 06/17/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 I TF 4.00 SUBC 30.00 135.00 BLACK, JAMES SCOTT FINE 50.00 Cash 0392002 2004-1247 06/17/2004 TFC 2.11 CCC 28.24 CHS 2.12 SAF 3.53 IF 2.82 SUBC 21.18 60.00 DELGADO, JAMES GARCIA Cash 0392003 2003-0525 06/17/2004 FINE 10.00 10.00 ZEPEDA, GUADENCIO AGUILAR Cash 0392004 2003-0524A 06/17/2004 JCPT 1.42 CVC 10.63 CCC 12.05 FA 3.54 JCD 0.35 ZEPEDA, GUADENCIO AGUILAR CHI 0.35 WRNT 35,44 I IF 2.83 DPSC 21.26 CHS 2.13 90.00 Cash 0392005 2004-0440 06/17/2004 FINE 20.00 20.00 ESPARZA, VERONICA Cash 0392006 2004-1157 06/17/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 TF 4.00 SUBC 30.00 155.00 FLOWERS, BUCK ALLEN I FINE 70.00 Cash 0392008 2003-1717 06/18/2004 FINE 5.00 MALATEK, JAMME 5.00 Cash 0392009 2001-1739A 06/18/2004 JCPT 2.00 CVC 15.00 CCC 17.00 FA 5.00 JCD 0.50 CHS 3.00 472.00 LOZANO, EDWARDO CMI 0.50 WRNT 100.00 TF 4.00 DPSC 30.00 FINE 295.00 Jail Credit 0392010 2001-1739 06/18/2004 JCPT 0.43 CVC 3.19 CCC 3.61 FA 1.06 JCD 0.11 CHS 0.64 410.00 LOZANO, EDWARDO CMI 0.11 LAF 1.06 WRNT 110.63 ( TIME 5.31 IF 0.85 DPSC 30.00 Jail Credit FINE 253.00 0392011 2004-0837 06/18/2004 TFC 0.43 CCC 8.57 CHS 0.43 LAF 0.71 TF 0.57 SUBC 4.29 195.00 BOSWELL, JOSEPH J I FINE 180.00 Money Order 0392012 2000.1212 06/18/2004 FINE 15.00 COTTRELL, MICHELLE R 15.00 Money Order 0392013 2004-1186 06/18/2004 TFC 3.00 CCC 40.00 CHS 3.00 LAF 5.00 TF 4.00 TRAM, SAM FINE 130.00 SUBC 30.00 215.00 Cash 0392014 2003-2817 06/18/2004 WRNT 50.00 TIME 25.00 DPSC 30.00 FINE 5.00 CSRV 33.00 143.00 DECKARD, CHARLES D JR Cash 0392015 2004-0360 06/18/2004 TFC 3.00 CCC 40.00 CHS 3.OD LAF 5.00 WRNT 50.00 TIME 25.00 507.00 DECKARD, CHARLES D JR TF 4.00 DPSC 30.00 SUBC 30.00 FINE 200.00 CSRV 117.00 Cash A 07/01/2004 Money Distribution Report Page 11 JUNE Z004 MONTHLY REPORT - JAMES M DUCKETT JP #2 ---------------- _-------------- _--------------------- Receipt Cause/Defendant I Code Amount _-------------- I Code Amount _--------------------- I Code Amount I Code ARnunt I Code Amount I Code Amount I Totat 0392016 2004-0639 06/18/2004 CCC 15.39 CHS 1.15 SAP 1.92 I IF 1.54 I STRIEDEL, CLAYTON JOHN i i I I 20.00 Cash I I 0392018 2004-0570 06/18/2004 FINE 45.00 I I GARCIA, ADOLFO DIA2 I I I 45.00 Cash • 0392019 2004-0569 06/18/2004 GARCIA, ADOLFO DIAZ I TFC I 0.18 I CCC 2.35 i CHS 0.18 i LAP 0.29 I 17F 0.24 I SUBC 1.76 I 5.00 Cash I 0392020 2004-0282 06/18/2004 I TFC 3.00 CCC 40.00 I CHS 3.00 I SAP 5.00 I NRNT 50.00 IVY, MICHAEL ANTHONY I TF 4.00 DPSC 30.00 I SUBC 30.00 FINE 103.08 I TIME 25.00 I I CSRV 87.92 I 381.00 Cash I 0392021 2004-1165 06/18/2004 I E%RF 10.00 I I RODRIGUEZ, OMAR ELIZONDO I I I I I 10,00 Cash I I 0392022 2004-0471 06/18/2004 I CCC 20.77 I CHS 1.56 I SAP 2.60 I TIME 12.99 I I MIRELES, VICTOR HUGO I I I TF 2.08 I I 40.00 Cash I I 0392023 2004-1168 06/18/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAP 5.00 SCHLORTT, AUDREY CHRISTINE DDC 10.00 I IF 4.00 I SUBC 30.00 I 95.00 Cash I 0392024 2004-1183 06/18/2004 I CCC 19.24 I CHS 1.44 I I LAP 2.40 I I I I OLASCUAGA, GUSTAVO JR I IF 1.92 I I I 25.00 Cash I 3392027 2003-0009 06/18/2004 I JCPT 0.66 I CVC 4.87 I CCC 5.52 RODRIGUEZ, JESSIE CMI 0.16 LAP 1.62 I TIME 8.12 I FA 1.62 I JCD 0. 16 I CHS 0.97 I 25,00 Money Order i i I IF 1.30 3392028 2003-2540 06/18/2004 I FINE 60.00 I I I RUBIO, JACQUES LOUIS I I i I I 60.00 Cash I 3392029 2003-0660 06/18/2004 I FINE 15.00 SOLIS, MARIA D 15.00 Cash 3392030 2004-0949 06/21/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 GALLEGOS, IDA LOU I FINE 50.00 I SAP 5.00 I TF 4.00 I SUBC 30.00 I 135.00 Cash �392031 2004-0919 0612112004 DFF 140.00 JOHNSON, CHRIS ANDREW i i I I 140.00 Cash i 3392032 2004-1248 06/22/2004 I CCC 40.00 I CHS I 3.00 I SAP 5.00 PANFILO TF 4.00 FINE 53.00 105.00PARRAS, Cash 3392033 2004-7767 06/22/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 SCHOEN, ERICA SIMONE FINE 110.00 SAP 5.00 i 7F 4.00 I SUBC 30.00 I 195.00 Money Order i 06/22/2004 I 3392TYS TFC 0,70 I CCC 9.41 N, BRAND1 TYSON, BRANDON LEE CHS 0.71 I SAP 1.18 I TF 0.94 I SUBC 7.06 I 20.00 Money Order I 3392035 2004-0140 06/22/2004 I FINE 60.00 I 1 i VASQUEZ, REBECCA BARRERA I I I I 60.00 Money Order I 3392036 2004-0189 06/22/2004 I TFC 3.00 I CCC 60.00 I CHS AMEJORADO, ERIC ALLAN I FINE 180.00 3.00 I LAP 5.00 I IF 4.00 I SUBC 30.00 I 285.00 Cashier's Check I I I I I I I I I I 0 07/01/2004 Money Distribution Report Page 12 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 ---------------------------- Receipt Cause/Defendant _ I Code ------ _------------ Amount I Code .----------------------------- Amount I Code Amount I Code .------ Amount I Code ._-__-__--__-_--_-__-_--_------_- Amount I Code Amount Total 3392037 2003-2550 06/22/2004 I JCPT O.G6 I CVC 0.39 I CCC 0.44 I FA 0.13 I JCD 0.01 I CHS 0.08 20.00 WHITAKER, JOSHUA RAY I CHI 0.01 I SAF 0.13 I TIME 0.65 I IF 0.10 I FINE 18.00 Cash I I I I 3392038 2004-1029 06/22/2004 FINE 47.50 KNOWLES, JOSEPH GAGE i i I I 47.50 Cash I I I I I 3392039 2004-1028 06/22/2004 I TIC 0.36 I CCC 4.70 I CHS 0.35 I SAF 0.59 I I IF 0.47 I I SUBC I 3.53 I 10.00 10 KNOWLES, JOSEPH GAGE I I I I Cash I I I I I 3392040 2004-1027 06/22/2004 I CCC 19.80 I CIis 1.49 I SAF 2.48 I IF 1.98 I I FINE 6.75 I I I 32.50 JOHNSTON, MARTINE MARIE Cash 3392041 2003-2394 06/22/2004 I JCPT 2.00 I CVC 15.00 CCC 17.00 I FA 5.00 JCD 0.50 I CHS 3.00 I 52.00 EDWARDS, BRANDON KEITH I CHI 0.50 I SAF 5.00 I TF 4.00 I I I I Personal Check 3392042 2003-2394 06/22/2004 I FINE 233.00 I I EDWARDS, BRANDON KEITH I I I I I I I I 233.00 Comm Service I I I I I I 3392043 2004-0325 06/22/2004 I FINE 25.00 I I I GIESECKE, GRETCHEN MICHELLE I I I I I I I I I I 25.00 Cash 3392044 2004-1153 06/22/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 I IF 4.00 I SUBC 30.00 I 95.00 BEDAIR, RAYMOND I FINE 10.00 I I I I Cred-Card/Trnsfr I 3392045 2004-0652 06/22/2004 I FINE 40.00 I I LISTROM, MICHAEL I I I I I I I I 40.00 Cred-Card(T rnsfr I I 3392046 2004-1046 06/22/2004 I TFC 0.70 I CCC 9.41 I CHS 0.71 I LAF 1.18 I IF 0.94 I SUBC 7.06 I 20.00 COX, MISTY D I I I I Cash I I 3392047 2004.0663 06/22/2004 I TFC 0.43 I CCC: 8.57 I CHS 0.43 I LAF 0.71 I IF 0.57 I SUBC 4.29 I 25.00 LILLO, NASHMIA I FINE 10.00 I I I I Cash I I I I 339ZO48 2004-1061 06/22/2004 I TFC 0.94 I CCC'. 18.86 I CHS 0.94 I LAF I 1.57 I IF 1.26 ESCAMUELA, ALONZO ROCHA I FINE 42.00 I I I I I I SUBC 9.43 I 75.00 Cash I 3392049 SC2004-0014 06/22/2004 SF 60.00 I FFSC 10.00 I CIFF 2.00 I I I I 72.00 ALVARADO, GILBERT Cash I I I 3392050 2004-1128 06/22/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF I 5.00 I TF I I 4.00 I SUBC 30.00 I 215.00 PATTILLO, MARLENA I FINE 130.00 Money Order 3392051 2004-1267 06/22/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 LAF 5.00 I TF 4.00 I SUBC 30.00 I 135.00 ADAMS, TREVOR CHAO I FINE 50.00 Cash I 3392052 2004-1190 06/23/2004 I CCC 40.00 I CHS 3.00 LAF 5.00 I TF I 4.00 I FINE I I 83.00 I I 135.00 KING, WILLIAM RUSSELL Cash I I I I I I I 3392053 2004-0986 06/23/2004 I TFC 0.72 I CCC 14.28 I CHS 0.72 I LAF 1.19 I TF 0.95 I SUBC 7.14 I 25.00 SERNA, GERARDO I I I Money Order I I I 3392054 1998-0426A 06/23/2004 I FINE 50.00 I SAUCEDA, HEATHER KNISLEY I I I I I 50.00 Personal Check 1%2 07/01/2004 Money Distribution Report Page 13 JUNE 2004 MONTHLY REPORT - JAMES W DUCKETT JP #2 Receipt Cause/Defendant Code Amount + Code Amount Code Amount Code Amount Code Amount Code Amount Total 3392055 2003-2506 06/23/2004 CSRV 9.00 GONZALEZ, MIGUEL ANGEL I I 9.00 Jail Credit i 3392056 2003-2797 06/23/2004 FINE 100.00 I I '� SAUSEDA, CYNTHIA ANN I 100.00 Money Order • 3392057 2004-08" 06/24/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAF 5.00 HERRLI CH, CHRISTOPHER MILHA TF 4.00 DPSC 30.00 WRNT 50.00 I TIME 25.00 338.00 Cred-Card/Trnsfr SUBC 30.00 FINE 70.00 CSRV 78.00 3392058 2004-0509 06/24/2004 TFC 0.35 CCC 4.71 CHS 0.35 LAF 0.59 VILLARREAL, RONNIE LEE TF 0.47 SUBC 3.53 10.00 Cash 3392059 2004-1134 06/24/2004 FINE 10.00 MASEDA, JOSHUA 10.00 Lash 3392060 2004-0970 06/24/2004 CCC 1.54 CHS 0.12 LAF 0.19 IF NORRIS, JAMIE ANNETTE I 0.15 FINE 48.00 50.00 Money Order j 3392061 2004-0966 06/24/2004 CCC 13.00 CHS 0.97 LAF 1.62 JAYCO%, ANGELA ORTA i i TIME 8.11 TF 1.30 i 25.00 Money Order i i 3392062 2004-1269 06/24/2004 TFC 3.00 1 CCC 40.00 CHS 3.00 JONES, PATRICK WILLARD I DDC 10.00 LAF 5.00 TF 4.00 SUBC 30.00 95.00 Personal Check 3392063 2003-2762 06/24/2004 FINE 20.00 MUNOZ, OSCAR CARDENAS I 20.00 Cash I 3392064 2004-1197 06/24/2004 TFC 1.42 CCC 18.82 CHS 1.41 VIELMA, FRANCISCA ANGELA LAF 2.35 i IF 1.88 SUBC 14.12 40.00 Cash 3392065 2004-0740 06/24/2004 FINE 70.00 OLACHIA, PEDRO GUTIERREZ I 70.00 Cash I I 3392066 2004-0465 06/24/2004 TFC 1.23 CCC 16.47 CHS 1.24 GARZA, BEATRICE CORTEZ IF 1.65 DPSC 30.00 SAF 2.06 WRNT 50.00 TIME 25.00 255.00 Cash SUBC 12.35 FINE 70.00 CSRV 45.00 3392067 2004-1149 06/24/2004 CCC 1.54 CHS 0.12 MCMAHAN, DEREK EUGENE I SAF 0.19 TF 0.15 FINE 33.00 I 35.00 Cash i 3392068 2004-0816 06/24/2004 TFC 3.00 CCC 40.00 CHS 3.00 WITHEY, DEVONNE LYNETTE I TF 4.00 SAF 5.001 WRNT 50.00 TIME 25.00 338.00 Cash DPSC 30.00 I SUBC 30.00 FINE 70.00 CSRV 78.00 3392069 2004-0816A 06/24/2004 CVC 0.23 CCC 0.26 WITHEY, DEVONNE LYNETTE WRNT 0.76 I FA 0.08 JCD 0.01 CHS 0.05 I CMI 0.01 I 2.00 Cash TF 0.06 DPSC 0.46 FINE 0.08 3392070 2004-0816A 06/24/2004 JCPT 2.00 CVC 14.77 CCC 16.74 FA WITHEY, DEVONNE LYNETTE LMI 0.49 WRNT 4.92 JCD 0.49 CHS 2.95 546.60 Cash 49.24 IF 3.94 DPSC 29.54 FINE 294.92 CSRV 126.60 3392071 2004-0887 06/24/2004 TFC 1.43 CCC 28.57 CHS 1.43 CASTILLO, HORACIO MOISES j i i LAF 2.38 IF 1.91 SUBC 14.28 50.00 Cash 3392073 1998-1125A 06/24/2004 FINE 50.00 CRUZ, ELIZABETH BENIVAMOND 50.00 Cash Iynn 07/01/2004 Money Distribution Report Page 14 JUNE 2004 MONTHLY REPORT - JAMES N DUCKETT JP #2 -------------------------------------------------------------- Receipt Cause/Defendant I Code Amount I I Code I Amount I Code Amount I Code Amount I Code Amount I Code Amount I Total 3392074 2004-1176 06/24/2004 I TFC 3.00 I ['.CC -40.00 I CHS 3.00 I I SAF 5.00 I I IF 4.00 I I AGUINAGA, RUBEN JR I FINE 40.00 I SUBC 30.00 125.00 Money Order I I I 3392075 SC2004-0015 06/24/2004 I SF 60.00 I FFSC 10.00 I CIFF 2.00 I I I KALISEK, PATRICK & PATRICIA I I I 72.00 Personal Check 3392076 2004-0791 06/25/2004 OFF 40.00 BLINKA, KRISTI LEIGH i i I I 40.00 Personal Check 3392077 2004-0163 06/25/2004 I FINE 140.00 I I CANTON, CLINTON GEORGE I I 140.00 Cash 3392078 2004-0976 06/25/2004 I CCC 40.00 I CHS 3.00 SAF 5.00 17F 4.00 I FINE 148.00 HURTA, JEFFREY DUSTIN I I 200.00 Cash 3392079 1998-0276 06/25/2004 I JCPT 0.33 I CVC 4.86 I TFC 0.97 I CCC 5.51 I FA 1.62 DECKARD, CHARLES D JR I CHS 0.97 I SAF 1.62 I WRNT 16.21 I TIME 8.11 I DPSC 9.72 I JLD 0.08 50.00 Cash I I I 3392080 2004-1169 06/25/2004 I TFC 0.70 I CCC 9.41 I CHS 0.71 I SAF 1.18 I TF 0.94 I I I SUBC 7.06 SCHNEIDER, MATTHEW JAMES I i i I 20.00 Money Order 3392081 2004-1229 06/25/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I LAF 5.00 HUEHLEFELD, KENNETH RAY I DOC 10.00 I TF 4.00 I SUBC 30.00 I 95.00 Money Order I I I 3392082 2004-0566 06/25/2004 I TFC 0.20 I CCC 4.00 CHS 0.20 I LAF 0.33 I I I BARRIOS, JOHNNY I FINE 13. 00 i i I TF 0.27 I SUBC 2.00 I 20.00 Cash 3392083 2004-0973 06/25/2004 I CCC 19.22 CHS 1.44 I SAF 2.41 TF 1.93 I GARCIA, JO ANGELA I I 25.00 Cash i I I 3392084 2002-0135A 06/25/2004 I FINE 25.00 I I I THOMPSON, GARY K i i 25.00 Cash i i I 3392085 2004-0738 06/25/2004 I TFC 0.17 I CCC 2.35 I CHS 0.18 I LAF 0.29 I TF 0.24 I SUBC 1.77 I 25.00 SALACash KRISTY I SEAT 20.00 I I Cash I I I I I I 3392086 2004-0912 06/25/2004 I FINE 30.00 I I I I I I I ADAMS, RHONDA LOU I I I 30.00 Cash 3392087 NOGG-1134 06/28/2004 I FINE 15.00 I I I I I I MASEDA, JOSHUA I I 15.00 Cash 3392088 2004-0281 06/28/2004 I TFC 3.00 I CCC 40.00 I CHS 3.00 I SAF 5.00 HARPER, CHARLES GRANT IV I TF 4.00 I DPSC 30.00 ( NRNT 50.00 I TIME 25.00 I 390.00 Jail Credit I I I SUBC 30.00 I FINE 110.00 I CSRV 90.00 I I 3392089 06/28/2004 I SF 60.00 I FFSC: I 10.00 I CIFF I 2.00 I I REGI REGENCY APT, I I I I 72.00 Personal Check i I I 3392090 2004-1231 06/28/2004 I TFC 3.00 I CCC 40.00 I CHS I 3.00 I LAF 5.00 I TF 4.00 SUBC 30.00 EMILY ROSE I WAGHCash FINE . 5000 I I 135.00 Cash I I 3392097 SC2004-0008 06/28/2004 I SF 65.00 I I NEW SOUTH FEDERAL, SAVINGS BANK I I I I 65.00 Personal Check • `1,4 07/01/2004 Money Distribution Report Page 15 JUNE 2DO4 MONTHLY REPORT - JAMES W DUCKETT JP #2 ---------------------------------------------------- Receipt Cause/Defendant Code Amount i _------------------- I Code Amount i Code ________________ Amount ________ Code Amount _ Code Amount Code Amount Total 3392092 2004-1263 06/28/2004 TFC 3.00 CCC 40.00 i CHS 3.00 i SAP 5.00 i IF 4.00 i SUBC i 30.00 95.00 STRICKLAND, ODIS DANIEL DDC 10.00 Money Order 3392093 2004-0894 06/28/2004 TFC 0.70 CCC 9.42 CHS 0.70 SAP 1.18 TF 0.94 DELAROSA, ROBERTO C i i i SUBC 7.06 20.00 Cash • 3392094 2004-1233 06/28/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 IF 4.00 SUBC 30.00 JANSKY, CRYSTAL RENEE DDC 10.00 95.00 Cashier's Check i 3392095 2004-1235 06/29/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 IF 4.00 ESOUIBEL, CALLETANO C FINE 40.00 SUBC 30.00 125.00 Cash 3392096 2004-0663 06/29/2004 FINE 20.00 LILLO, NASHMIA 20.00 Cash 3392097 2004-1192 06/29/2004 TFC 1.94 CCC 25.88 CHS 1.94 LAP 3.24 TF 2.59 RANGEL, JUAN SUBC 19.41 55.00 Cash 3392098 2004-1261 06/29/2004 TFC 3.00 CCC 40.00 CHS 3.00 SAP 5.00 f IF 4.00 HARGROVE, KAYLA LASHAN DDC 10.00 SUBC 30.00 95.00 Cash 3392099 2004-1243 06/30/2004 TFC 3.00 CCC 40.00 CMS 3.00 SAP 5.00 NILSEN, TRAMS LEE I DDC 10.00 ( 7F 4.00 SUBC 30.00 95.00 Money Order 3392100 2004-1209 06/30/2004 CCC 40.00 CHS 3.00 SAP 5.00 IF 4.00 KARTCHNER, CASEY LEE I FINE 34.00 86.00 Money Order I i 3392101 SC2004-0017 06/30/2004 SF 60.00 FFSC 70.00 CIFF 2.00 I SULLIVAN, JOHN 72.00 Cash I I I 3392102 2004-1234 06/30/2004 TFC 3.00 CCC 40.00 CHS 3.00 ROGERS, CHRISTOPHER ALLAN I FINE 70.00 SAP 5.00 i TF 4.00 SUBC 30.00 155.00 Cash 3392103 2004-1222 06/30/2004 TFC 3.00 CCC 40.00 CHS 3.00 ARRIAGA, ROJELIO GONZALEZ FINE 10.00 LAP 5.00 IF 4.00 SUBC 30.00 95.00 Money Order •3392104 2004-1144 06/30/2004 TFC 3.00 CCC 40.00 CHS 3.00 HERRERA, ANTONIO LOPEZ FINE 45.00 LAF 5.00 IF 4.00 SUBC 30.00 130.00 Cashiers Check 3392105 2002-1571 06/30/2004 LWF 25.00 SUNIGA, ABELARDO I I 25.00 Money Order I I i 3392106 2003-2054 06/30/2004 FINE ,15.00 ' CSRV 69.00 I I PEREZ, ELOY JR I I i + B4.00 Money Order I 3392107 2004-0653 06/30/2004 FINE 40.00 POHLER, TARA ELIZABETH ' f 40.00 Money Order I I - 3392108 2004-1189 06/30/2004 CCC 15.39 CHS 1.15 I ESCOBAR, NICKOLAS I I LAP 1.92 TF 1.54 20.00 Cash I i 3392109 -0934 06/30/2004 JCPT 0.78 CVC 5.77 TFC 1.15 CCC ON, CANION, VI CKIE TEAGUE CHS 1.15 CMI 0.19 6.54 FA 1.92 JCD 0.79 I 50.00 Personal Check i SAP 1.92 WRNT 19. 23 TIME 9.62 IF 1.54 • t%3 5 07701/2004 Money Distribution Report Page 16 JUNE 2004 (MONTHLY REPORT - JAMES W DUCKETT JP #2 --------------------- Cause/Defendant _---------- I Code _--------- Amount _--------------------- _Receipt I rode Amount I Code Amount I Code Amount Code Amount I I i i Code Amount Total 3392710 2002-1719 06/30/2004 I JCPT 2.00 I CVC 15.00 I CCC 17.00 I FA 5.00 CAMACHO, MARK A I CMI 0.50 I LAF 5.00 WRNT 50.00 I JCD 0.50 I CHS 3.00 I 180.00 Personal Check I CSRV 36.00 I I TIME 25.00 I IF 4.00 I FINE 17.00 I 3392111 2003-0934 06/30/2004 I JCPT 0.75 I CVC 5.77 I TFC 1.16 I CCC 6.54 CANTON, VICKIE TEAGUE CHS 1.16 CMI 0.19 I SAF 1.93 I FA 1.93 I JCD 0.19 50.00 Personal Check i i I WRNT 19.23 I TIME 9.61 I TF 1.54 i 3392112 2002-1718 06/30/2004 I JCPT 2.00 I CVC 15.00 I CCC 17.00 FA 5.00 • CAMACHO, MARK A I CMI 0.50 I LAF 5.00 I JCD 0.50 I CHS 3.00 I 190.00 Personal Check I WRNT 50.00 I TIME 25.00 I TF 4.00 I FINE 63.00 I 3392113 2002-1718 06/30/2004 I FINE 10.00 I CAMACHO, MARK A I I 10.00 Personal Check I I 3392114 2002-1718 06/30/2004 I FINE 104.00 I CSRV 76.00 I I I I I I CAMACHO, MARK A I I 180.00 Personal Check I 3392115 2003-0934 06/30/2004 I JCPT 0.47 I CVC 3.46 TFC 0.69 I CCC 3.92 CANTON, VICKIE TEAGUE I CHS 0.69 I CMI 0.12 FA 1.15 I JCD 0.12 I 50.00 Personal SAF 1.15 WRNT 11.54 TIME 5.77 I TF 0.92 I Check I FINE 20.00 i i 3392116 2003-0934 06/30/2004 I FINE 10.00 I CSRV 40.00 I I CANION, VICKIE TEAGUE I I I I I 50.00 Personal Check I I 3392117 2002-1301 06/30/2004 I JCPT 1.22 I CVC I 9.23 I TFC 1.85 I I I WILLIAMS, NOWARD DONALD I CHS 1.85 I CMI 0.31 I CCC 10.46 I FA 3.08 I JCD 0.31 I 210.00 Personal Check I SAF 3.08 i WRNT 30.77 1114E 15.38 I IF 2.46 I FINE 88.00 I CSRV 42.00 I i 3392118 2003-1488 06/30/2004 I WRNT 50.00 I TIME 25.00 DPSC 30.00 I I ARANGUA, AARON GARZA I I i i FINE 113.08 I CSRV 65.42 I I 283.50 Personal Check I I I 3392119 2003-2392 06/30/2004 I WRNT 50.00 I TINE 25.00 DPSC 30.00 MARTIN, LOUIS FRANKE IV I i FINE 118.08 i CSRV 66.92 I 290.00 Personal Check I I i I I 3392120 2004-0205A 06/30/2004 I JCPT 2.00 I wr, 15.00 I CCC 17.00 I I VELA, ABEL UBALDO I CMI 0.50 I LAI' 5.00 I FA 5.00 I JCD 0.50 I CHS 3.00 I 509.60 Personal Check I I I i WRNT 50.00 I TF 4.OD I FINE 290.00 I CSRV 117.60 • 07/01/2004 Money Distribution Report Page 17 The following tote Ls represent - Actual Money Received Type Code Description Count Retained Disbursed Money -Totals COST CCC CONSOLIDATED COURT COSTS 182 491.51 COST CHS COURTHOUSE SECURITY 4,423.56 4,915.07 COST CHI CORRECTIONAL MANAGEMENT INSTITUTE 182 32 402.03 0.22 03 411.36 • COST COST CS CVC CHILD SAFETY COMPENSATION TO VICTIMS OF CRIME 2 34 8.06 70.00 0.00 11.36 8.06 COST DPSC OMNI BASF FEE 6.31 COST FA FUGIVITE APPREHENSION 26 21.88 221.88 450.46 672.06 COST JCD JUVENILE CRIME AND DELINQUENCY 34 11.17 108.32 110.32 120.34 111.69 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 34 33 1 17 13.06 17.85 COST LAF SHERIFF'S ARREST FEE 43.06 LOST SAF STATE ARREST FEE 61 207.27 7.27 07.27 COST SUBC SUBTITLE C 125 340.54 6.44 432.21 21 COST IF TECHNOLOGY FUND 180 2,670.19 70.19 810 2,610.73 COST TFC TFC 180 530.74 530.74 0.00 530.74 COST TIME TIME PAYMENT FEE 134 298.82 0.00 298.82 COST WRNT WARRANT FEE 40 36760 . 367.59 735.19 FEES CI FF CIVIL INDIGENT FILING FEE 44 1,869.82 0.00 1,869.82 FEES CSRV COLLECTION SERVICE FEE 9 10.00 15.40 FEES CVFF CV FILE FEE 33 2,0 5.40 00 2, 060.00 FEES DOC DEFENSIVE DRIVING 4 60..00 .00 0.00 .0 FEES DFF DEFERRED FEE 25 250.00 0.00 250.00 FEES EXRF EXPIRATION RENEWAL FEE 7 850.00 0.00 850.00 FEES FF FILING FEE 2 20.00 0.00 20.00 FEES FFSC FILE FEE SMALL CLAIM 3 30.00 0.00 30.00 FEES SF SERVICE FEE 5 50.00 0.00 50.00 FEES HOP WRIT OF POSSESSION FEE 10 605.00 0.00 605.00 FINE FINE FINE 3 300.00 0.00 300.00 FINE LWF LICENSE 8 WEIGHT FINE 160 11,367.80 0.00 11,367.80 FINE SEAT SEATBEL7 FINE 1 12.50 12.50 25.00 5 707.50 107.50 215.00 Money Totals 263 20,678.59 8,634.21 29,312.80 The following totals represent - Jail Credit & Cosmunity Service • COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST COST • CCC CONSOLIDATED COURT COSTS 15 CHS COURTHOUSE SECURITY 41 270.00 340.85 CMI CORRECTIONAL MANAGEMENT INSTITUTE 15 40.30.85 0.00 0. CS CHILD SAFETY 12 0.54 4.77 5.31 CVC COMPENSATION 70 VICTIMS OF CRIME 2 28.06 0.00 28.06 DPSC OMNIBASE FEE 12 15.93 143.30 159.23 FA FUGIVITE APPREHENSION 7 69.30 140.70 210.00 JCD JUVENILE CRIME AND DELINQUENCY t2 5.31 47.76 53.07 JCPT JUDICIAL AND COURT PERSONNEL TRAINING 12 72 0.54 4.77 5.31 LAF SHERIFF'S ARREST FEE 2.13 19.12 21.25 SAF STATE ARREST FEE 5 21.06 0.00 21.06 SUBC SUBTITLE C 4 16.00 4.00 20.00 TF TECHNOLOGY FUND 1 1.50 28.50 30.00 TFC TFC 75 46 56.00 0.00 54.46 TIME TIME PAYMENT FEE 2 6.0 0.00 6.00 WRNT WARRANT FEE 8 90.16 90.15 180.31 9 560.63 0.00 560.63 07/01/2004 -------------------------------------------------.---..----------.-------------_---------------------.__---------------------------- Money Distribution Report Page 18 The following totals represent - Jail Credit & Community Service Type Code Description Count Retained Disbursed Money -Tote Ls FEES CIFF CIVIL INDIGENT FILING FEE 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICE FEE 4 330.60 0.00 330.60 FEES CVFF CV FILE FEE 0 0.00 0.00 0.00 FEES DOC DEFENSIVE DRIVING 0 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 • FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 0.00 FEES FF FILING FEE 0 0.00 0.00 0.00 FEES FFSC FILE FEE SMALL CLAIM 0 0.00 0.00 0.00 FEES SF SERVICE FEE 0 0.00 0.00 0.00 FEES WO) WRIT OF POSSESSION FEE 0 0.00 0.00 0.00 FINE FINE FINE 16 2,176.00 D.00 2,176.00 FINE LWF LICENSE & WEIGHT FINE 0 0.00 0.00 0.00 FINE SEAT SEATBELT FINE 1 20.00 20.00 40.00 Credit Totals 18 3,469.12 773.48 4,242.60 The following totals represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 197 521.56 4,693.97 5,215.53 COST CHS COURTHOUSE SECURITY 197 442.88 0.00 442.88 COST CMI CORRECTIONAL MANAGEMENT INSTITUTE 44 1.67 15.00 COST CS CHILD SAFETY 4 36.12 0.00 16.67 COST CVC COMPENSATION TO VICTIMS OF CRIME 46 52.23 470-06 36.12 522.29 COST DPSC 014NIBASE FEE 33 291.18 591.16 882.34 COST FA FUGIVITE APPREHENSION 46 17.35 156.08 173.43 COST JCD JUVENILE CRIME AND DELINQUENCY 46 1.70 15.30 COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 45 6.91 62.19 17.00 COST LAF SHERIFF'S ARREST FEE 66 228.33 0.00 69.10 228.33 COST SAF STATE ARREST FEE 116 361.77 90.44 452.21 COST SUBC SUBTITLE C 126 142.04 2,698.69 2,840.73 COST IF TECHNOLOGY FUND 195 585.20 0.00 585.20 COST TFC TFC 136 304.82 0.00 304.82 COST TIME TIME PAYMENT FEE 48 457.75 457.75 915.50 COST WRNT WARRANT FEE 53 2,430.45 0.00 2,430.45 • FEES CIFF CIVIL INDIGENT FILING FEE 9 0.90 17.10 18.00 FEES CSRV COLLECTION SERVICE FEE 37 2,416.00 0.00 2,416.00 FEES CVFF CV FILE FEE 4 60.00 0.00 FEES CDC DEFENSIVE DRIVING 25 250.00 0.00 60.00 FEES OFF DEFERRED FEE 7 850.00 250.00 FEES EXRF EXPIRATION RENEWAL FEE 2 20.00 0.00 850.00 FEES FF FILING FEE 3 0.00 20.00 FEES FFSC FILE FEE SMALL CLAIM 5 30.00 0.00 30.00 FEES SF SERVICE FEE 10 50.00 0.00 50.00 605.00 0.00 605.00 FEES WOP WRIT OF POSSESSION FEE 3 300.00 FINE FINE FINE 0.00 300.00 176 13,543.80 0.00 13,543.80 FINE LWF LICENSE & WEIGHT FINE 1 12.50 12.50 25.00 FINE SEAT SEATBELT FINE 6 127.50 127.50 255.00 Report Totals 281 24,147.66 9,407.74 33,555.40 07/01/2004 ________________________________________________ Money Distribution Report Page 19 E 00/00/0000 PAYMENT -TYPE ACTUAL MONEY CREDITS COMBINED FINES 0.00 0.00 0.00 COURT -COSTS 0.00 0.00 0.00 FEES 0.00 0.00 0.00 BONDS 0.00 0.00 0.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 TOTAL 0.00 0.00 0.00 • 09/01/1991 09/01/1993 ACTUAL MONEY CREDITS COMBINED ACTUAL MONEY CREDITS COMBINED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1995 - ACTUAL MONEY CREDITS COMBINED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/01/1997 ACTUAL MONEY CREDITS COMBINED 0.00 0.00 0.00 50.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 0.00 50.00 09/01/1999 ACTUAL MONEY CREDITS COMBINED 71.75 0.00 71.75 155.25 0.00 155.25 53.00 0..00 53.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 280.00 0.00 280.00 09/01/2001 ACTUAL MONEY CREDITS COMBINED 2,334.26 1, 000.00 3,334.26 1,976.00 1,092.00 3,068.00 750.74 114.00 864. 74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,206.00 , 7, 267.00 .00 09/01/2003 ACTUAL MONEY CREDITS COMBINED 812.48 638.00 1,450.48 897.60 97.00 994.60 343.92 126.60 470.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,861.60 0 2,915.15.60 01/01/2004 ACTUAL MONEY CREDITS COMBINED 8,389.31 578.00 8,967.31 10,357.75 507.00 10, 864.75 3,120.74 90.00 3,210.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21, 867.80 1,175.00 23,042.80 • TOTALS ACTUAL MONEY CREDITS COMBINED 11,607.80 2,216.00 13,823.80 13,436.60 1, 696.00 15,132.60 4,268.40 330.60 4,599.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29,312.80 ,. 33,555555.40 0 1� u 07/01/2004 Money Distribution Report Page 20 --------------------------------------------------.---____--_ DATE PAYMENT -TYPE FINES COURT -COSTS FEES BONDS RESTITUTION OTHER TOTAL State of Texas Quarterly Reporting Totals Description State Comptroller Cost and Fees Report Section 1: Report for Offenses Committed 01-01-04 - Forward 09-01-01 - 12-31-03 09-01-99 - 08-31-01 09-01.97 - 08-31-99 09-01-95 - 08-31-97 09.01-91 - 08-31-95 Bail Bonds Fee DNA Testing Fees EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees State Traffic Fees Section 11: As Applicable State Police Officer Fees Failure to Appear/Pay Fees Judicial Fund - Connt County Court Judicial Fund - Statutory County Court Motor Carrier Weight Violations Tine Payment Fee Report Sub Total State Comptroller Civil Fees Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees CF: Juror Donations CF: Justice Court Indig Filing Fees CF: Stet Prob Court Indig Filing Fees CF: Stat Prob Court Judic Filing Fees CF: Stat Cnty Court Indig Filing Fees CF: Stat Cnty Court Judic Filing Fees CF: Cnst Cnty Court Indig Filing Fees CF: Cnst Cnty Court Judie Filing Fees CF: Dist Court District 8 Family Law CF: Dist Court Other Divorce/Family Law CF: Dist Court Indig Filing Fees Report Sub Total Total Due For This Period Count Collected Retained Disbursed 177 4,633.82 463.42 4,170.40 162 783.92 78.41 705.51 5 39.25 3.93 35.32 5 12.40 1.24 11.16 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 125 2,810.73 140.53 2,670.20 112 432.21 345.77 86.44 26 672.34 221.88 450.46 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 25.00 12.50 12.50 40 735.19 367.64 367.55 653 10,144.86 1,635.32 8,509.54 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 9 18.00 0.90 17.10 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 9 18.00 0.90 17.10 662 10,162.86 1,636.22 8,526.64 q • • • BUDGET ADJUSTMENTS -VARIOUS DEPARTMENTS: A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan that the following Budget Adjustments be approved as presented. 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X O U W U U) 0 z D U- mW m O z z W f Q W 0 z l� 0 z co w J a a n 0 CL m U O 9,0 • CJ 0 Una 0 Me IMME Go W 1 Q F� W m Imm ca v coo GOD 0 cm V Z LL O J O Z h D W 0 U Z f 2 z O U i W o W 0 ^ WN K > � U F- N 0 of _ C w � W 2 Q Z r Wz z&W aZ w� z I 0 H z 0 0 z s ^� W M w o 0 N ca Q r LL Z 2 W J O g Q Lu Z J z Y W W Lij O W Q 5Z W Z F G z Z G �< L:LD° 0 8 0 O C; w EL -C 0 0 0 9 1 1xai 3 ACCOUNTS ALLOWED - COUNTY: Claims totaling $465,612.53 were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Galvan that said claims be approved for payment. Commissioners' Galvan, Balajka, Finster and Judge Pfeifer all voted in favor. GENERAL DISCUSSION: Commissioner Galvan would like to see if the County could charge to get into Magnolia Beach, the fee charged could be used to help clean up the beach Shannon Salyer, Assistant District Attorney said he will get a copy of the Nueces County Beach Ordinance and will give the copy to Commissioner Galvan. Commissioner Finster addressed the court in regards to a road that he has been asked if the County could build. The owner would give a 60 foot right-of-way for the road, this road is about 2 blocks off of Lane Road and would serve the owner only. Commissioner Finster has read the County Road Order and before the County can accept the road for maintenance the owner will have to build the road to meet county specifications. Court was recessed at 11:00 a.m. and will meet again on July 14, 2004 at 10:00 a.m. for a special meeting. 0 0 A Motion was made by Judge Pfeifer and seconded by Commissioner Floyd to accept the bid from Southwest Securities for Issuance, Sale and Delivery of "Calhoun County, Texas Certificates of Obligation, Series 2004". Commissioners' Galvan, Balajka, Floyd, Finger and Judge Pfeifer all voted in favor. . A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to approve the Certificate of Order authorizing the Issuance, Sale and Delivery of "Calhoun County, Texas Certificates of Obligation, Series 2004". Commissioners' Galvan, Balajka, Floyd, Finger and Judge Pfeifer all voted in favor. y N_CIVAIy t I, the undersigned County Clerk ofCAI.HouNCouNTY,TEXAS(the "County"), hereby certify as follows: 1. The CommissionersCourtof the County (the "Commissioners Court") reconvened in REGULAR TERM ON THEI4 DAY OF JULY, 2004, at the regular designated meeting place (the "Meeting"), and the roll was called of the duly constituted officers and members of the Commissioners Court, to -wit: Michael Pfeifer, County Judge Roger C. Galvan, Commissioner, Precinct#1 Michael Balajka, Commissioner, Precinct #2 H. Floyd, Commissioner, Precinct #3 Kenneth Finger, Commissioner, Precinct #4 and all of said persons were present, except the following absentees; thus constituting a quorum. Whereupon, among other business the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF • CALHOUNCOUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2004"; SECURING THE PAYMENT THEREOF BY AUTHORIZING THE LEVY OF AN ANNUAL AD VALOREM TAX; APPROVING AND AUTHORIZING THE EXECUTION OF ALL INSTRUMENTS AND PROCEDURES RELATED THERETO INCLUDING A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; APPROVING THE FORM OF AN OFFICIAL STATEMENT; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be passed; and, after due discussion, said motion, carrying with it the passage of the Order, prevailed and carried by the following votes: AYES: S NOES: '0 ABSTENTIONS: O 2. A true, full, and correct copy of the Order passed at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Courts minutes of the Meeting pertaining to the passage of the Order; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, ofthe time, place, and purpose of the Meeting, and that the Order would be introduced and considered for passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose ofthe Meeting was given all as required by Chapter 551, Texas Government Code. IGNED \SS�oH��.soilq�, 0, f AND SEALED the 14" day of July, 2004. I ubn & mAh,u�i, County Ue&4 Ualhoun County, Texas ORDER AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF "CALHOUN COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2004"; SECURING THE PAYMENT THEREOF BY AUTHORIZING THE LEVY OF AN ANNUAL AD VALOREM TAX; APPROVING AND AUTHORIZING THE EXECUTION OF ALL INSTRUMENTS AND PROCEDURES RELATED THERETO INCLUDING A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT; APPROVING THE FORM OF AN OFFICIAL STATEMENT; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE SALE DATE: JvLY 14, 2004 L_J TABLE OF CONTENTS RECITALS 1 Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES ............... 4 Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF THE CERTIFICATES .......................... 4 Section3. INTEREST ................................................. 6 Section 4. CHARACTERISTICS OF THE CERTFICATES ..................... 6 (a) Registration, Transfer, and Exchange; Authentication ............... 6 (b) Payment of Certificates of Obligation and Interest ................. 7 (c) In General ............................................... 7 (d) Substitute Paying Agent/Registrar ............................. 8 (e) Book -Entry Only System for The Certificates of Obligation .......... 8 (f) Successor Securities Depository; Transfers Outside Book -Entry Only Systems ............................................ 9 (g) Payments to Cede & Co ..................................... 10 (h) DTC Letter of Representation ................................ 10 (i) Delivery of Initial Certificate of Obligation ....................... 10 Section 5. FORMS OF CERTIFICATE OF OBLIGATION ..................... 10 Section 6. INTEREST AND SINKING FUND; TAX LEVY .................... 21 Section 7. CONSTRUCTION FUND ...................................... 21 Section 8. INVESTMENTS ............................................. 22 Section 9. DEFEASANCE OF CERTIFICATES ............................. 22 (a) Defeased Certificates of Obligation ............................. 22 (b) Defeasance Securities ...... 23 • (c) Investment in Defeasance Securities ............................ 23 (d) Paying Agent/Registrar Services ............................... 23 (e) Selection of Certificates of Obligation for Defeasance ............... 23 is Section 10. DAMAGED, MUTILATED, LOST, STOLEN, ORDESTROYED CERTIFICATES ......................................... 23 (a) Replacement Certificates of Obligation .......................... 23 (b) Application for Replacement Certificates of Obligation .............. 24 (c) No Default Occurred ....................................... 24 (d) Charge for Issuing Replacement Certificates of Obligation ........... 24 (e) Authority for Issuing Replacement Certificates of Obligation ......... 24 Section 11. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION, CUSIP NUMBERS; AND OTHER MATTERS ........................................... 24 1 q5- Section 12. COVENANTS REGARDING TAX -EXEMPTION OF INTEREST ON THE CERTIFICATES ...................................... 25 (a) Covenants ............................. ....... . ....... 25 (b) Rebate Fund ................................... . .. ..... 26 (c) Proceeds ............................. ........ .......... 26 (d) Disposition of Project ...................... . ... .. ..... 26 (e) Qualified Tax -Exempt Obligations .............................. 27 Section 13. SALE AND DELIVERY OF CERTIFICATES ...................... 27 Section 14. APPROVAL OF 01-TICIAL STATEMENT ......... 28 Section 15. BOND INSURANCE POLICY .................................. 28 Section 16. AUTHORITY FOR OFFICERS TO EXECUTE DOCUMENTS ........ 29 Section 17. ORDER A CONTRACT; AMENDMENTS ......................... 29 Section 18. SECURITY INTEREST ... .. ......... ........ .. ........ 30 Section 19. INTERESTED PARTIES ...................................... 30 Section 20. COMPLIANCE WITH RULE 15c2-12 ......... .................. 30 (a) Annual Reports ............................................ 30 (b) Material Event Notices ...................................... 30 (c) Limitations, Disclaimers and Amendments ................... I .... 31 (d) Definitions ................. ......... ................... 32 Section2l. INCORPORATION OF RECITALS . ... ............. ......... 32 Section 22. SEVERABILITY ............................................. 33 Section 23. EFFECTIVE DATE .......................................... 33 SIGNATURES Exhibit A PAYING AGENT/REGISTRAR AGREEMENT Exhibit B PURCHASE AGREEMENT Exhibit C REQUIREMENTS OF THE INSURER WITH RESPECT TO THE MUNICIPAL BOND INSURANCE POLICY - Exhibit D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION ii 0 0 Li ORDER AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF "CALHOUN COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2004"; SECURING THE PAYMENT THEREOF BY AUTHORIZING THE LEVY OF AN ANNUAL AD VALOREM TAX; APPROVING AND AUTHORIZING THE EXECUTION OF ALL INSTRUMENTS AND PROCEDURES RELATED THERETO INCLUDING A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT; APPROVING THE FORM OF AN OFFICIAL STATEMENT; AND . PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE THE STATE OF TEXAS § COUNTY OF CALHOUN § WHEREAS, the Cormmissioners Court ofCALHOUN COUNTY, TEXAS (the "County") hereby determines that it is necessary and desirable to construct renovations and improvements to the Calhoun County Courthouse and acquire equipment related thereto (collectively, the "Project'); and WHEREAS, on May 27, 2004, the Commissioners Court adopted a resolution authorizing and directing the County Clerk to give notice of intention to issue Certificates of Obligation pursuant to the provisions of Subchapter C of Chapter 271, Texas Local Government Code, as amended, n finance the Project (the "Notice"); andto WHEREAS, the Notice stated that the Commissioners Court proposed to authorize the issuance of the Certificates of Obligation at a regular term meeting on Tuesday, June 24, 2004; and WHEREAS, the Notice was duly published in the Port Lavaca Wave, which is a newspaper of general circulation in the County, in its issues of June 5 and 11, 2004; and WHEREAS, the Commissioners Court ofthe County, at its regular term meeting on Tuesday, June 24, 2004, considered and tabled the authorization and issuance of the Certificates of Obligation until its regular term meeting to begin on Thursday, July 8, 2004; and • WHEREAS, the Commissioners Court of the County, at its regular term meeting on Thursday, July 8, 2004, and before the authorization and issuance of the Certificates of Obligation, recessed such regular term meeting until Wednesday, July 14, 2004, the date ofpassage ofthis Order (which date is less than one week from the beginning of such regular term), and announced during open session that this Order would be considered for approval when the Commissioners Court resumed such regular term meeting on July 14, 2004; and WHEREAS, the County received no petition signed by at least five percent of the qualified electors of the County protesting the issuance of such Certificates of Obligation; and WHEREAS, it is considered to be in the best interest of the County that said interest bearing Certificates of Obligation be issued; and WHEREAS, it is hereby officially found and determined that the meeting at which this Order was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BEITORI)EREDBYTHECOMMISSIONERSCOURTOFCALHOUN COUNTY,, TEXAS. SECTION 1. AMOUNT A14D PURPOSE OF TBE CERTIFICATES. The certificate or certificates of the County further described in Section 2 of this Order and referred to herein as the "Certificates" are hereby authorized to be issued and delivered in the aggregate principal amount of S5,890,000 FOR THE PURPOSE OF PAYING CONTRACTUAL OBLIGATIONS TO • CONSTRUCT RENOVATIONS AND IMPROVEMENTS TO THE CALHOUN COUNTY COURTHOUSE, ACQUIRE EQUIPMENT RELATED THERETO, AND PAYING FOR PROFESSIONAL SERVICESRENDERED INCONNECITONT HEREWIT HAND COSTS OF ISSUANCE. SECTION 2. DESIGNA.TION, DATE, DENOMINATIONS, NUMBERS AND MATURITIES OF CERTIFICATES. Each certificate issued pursuant to and for the purpose described in Section 1 of this Order shall be designated: "CALHOUN COUNTY, TEXAS CERTIFICATE OF OBLIGATION, SERIES 2004", and initially there shall be issued, sold and delivered hereunder one My registered certificate, without interest coupons, dated July 1, 2004 in the aggregate principal amount of$5,890,000, numbered T-1 (the "Initial Certificate ofObligation"), with Certificates of Obligation issued in replacement thereof being in the denomination of $5,000 or any integral multiple thereof and numbered consecutively from R-1 upward, all payable to the initial registered owner thereof (with the Initial Certificate of Obligation being payable to the initial purchaser designated in Section 1:3 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and the Certificates of Obligation shall mature and be payable serially on August 15 in each of the years and in the principal amounts, respectively, as set forth in the following schedule: 1. .<.<i..). lK / Sf 2006 $ 45,000 2013 $325,000 2020 $ 435,000 2007 150,000 2014 340,000 2021 450,000 2008 110,000 2015 355,000 2022A475,0002009 100,000 2016 370,0002010 90,000 2017 385,000 2024 2011 90,000 2018 400,0002012 345000 2019 415,000 7 (�.(a �.,J i • The term "Certificates of Obligation" as used in this Order shall mean and include the Certificates of Obligation initially issued and delivered pursuant to this Order and all substitute certificates of obligation exchanged therefor, as well as all other substitute certificates of obligation and replacement certificates of obligation issued pursuant hereto, and the term "Certificate of Obligation" shall mean any of the Certificates of Obligation. SECTION 3. INTEREST. The Certificates of Obligation shall bear interest calculated on the basis of a 360-day year composed of twelve 30-day months from the dates specified in the FORM • OF CERTIFICATE OF OBLIGATION set forth in this Order to their respective dates of maturity at the following rates per annum: 2006 3.000 2013 l b L/Sly% 4.000 j�?' l5's""lxd/ ✓i r •'s" ¢ ./ 2020 � is y r l Tilt �: 4.375 2007 3.000 2014 4.000 2021 4.500 2008 3.000 2015 4.0001 2022 4.500 2009 3.000 2016 4.000 *** *** 2010 3.250 2017 4.125 2024 4.550 2011 3.500 2018 4.250 *** *** 2012 4.000 2019 4.350 *** ss* Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. SECTION 4. CHARACTERISTICS OF THE CERTIFICATES. (a) Registration Transfer and Exchange• Authentication. The County shall keep or cause to be kept at the designated corporate trust office (initially located in Houston, Texas) of Wachovia Bank, National • Association (the "Paying Agent/Registrar") books or records for the registration of the transfer and exchange of the Certificates of Obligation (the "Registration Books"), and the County hereby ap- points the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the County and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. Attached hereto as Exhibit A is a copy of the Paying Agent/Registrar Agreement between the County and the Paying Agent/Registrar which is hereby approved in substantially final form, and the County Judge and County Clerk or Deputy County Clerk ofthe County are hereby authorized to execute the Paying Agent/Registrar Agreement and approve any changes in the final form thereof. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate of Obligation to which payments with respect to the Certificates of Obligation shall be mailed, as herein provided; but it shall be the duty of each • registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. To the extent possible and under reasonable circumstances, all transfers ofCertificates of Obligation shall be made within three business days after request and presentation thereof. The County shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Certificate of Obligation or Certificates of Obligation shall be • paid as provided in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. Registration of assignments, transfers and exchanges of Certificates of Obligation shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. Each substitute Certificate of Obligation shall bear a letter and/or number to distinguish it from each other Certificate of Obligation. Except as provided in (c) below, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate of Obligation, date and manually sign the Paying Agent/Registrar's Authentication Certificate, and no such Certificate of Obligation shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates of Obligation and Certificates ofObligation surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the County or any other body or person so as to accomplish the foregoing transfer and exchange of any Certificate of Obligation or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein, and said Certificates of Obligation shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Subchapter D of'Chapter 1201, Texas Government Code, the duty of transfer and exchange of Certificates of Obligation as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution ofsaid Certificate, the transferred and exchanged Certificate of Obligation shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates of Obligation which initially were issued and delivered pursuant to this Order, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment ofCertifrcates ofOblieation and Interest. The County hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates ofObligation, all as provided in this Order. The Paying Agent/Registrar shall keep proper records of all payments made by the County and the Paying Agent/Registrar with respect to the Certificates of Obligation. (c) In General. The Certificates of Obligation (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to the registered owners thereof; (ii) may be redeemed prior to their scheduled maturities (notice ofwhich shall be given to the Paying Agent/Registrar by the County at least 50 days prior to any such redemption date), (iii) may be transferred and assigned, (iv) may be exchanged for other Certificates of Obligation, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates of Obligation shall be payable, and (vin) shall be administered and the Paying Agent/Registrar and the County shall have certain duties 200 and responsibilities with respect to the Certificates of Obligation, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Order. The Initial Certificate of Obligation is not required to be, and shall not be, authenticated by the Paying Agent/ Registrar, but on each substitute Certificate of Obligation issued in exchange for the Initial Certificate ofObligation issued under this Orderthe Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE OF OBLIGATION. In lieu of the executed Paying Agent/Registrar's Authentication Certificate described above, the Initial Certificate of Obligation • delivered on the closing date (as fiuther described in subparagraph (i) below) shall have attached thereto the Comptrollers Registration Certificate substantially in the form set forth in the FORM OF CERTIFICATE OF OBLIGATIONbelow, manually executed by the Comptroller ofPublic Accounts of the State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial Certificate of Obligation has been duly approved by the Attorney General ofthe State of Texas and that it is a valid and binding obligation of the County, and has been registered by the Comptroller. (d) Substitute Pa in t/Registrar. The County covenants with the registered owners of the Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the County will provide a competent and legally qualified bank, trust company, financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Order, and that the Paying Agent/Registrar will be one entity and shall be an entity registered with the Securities and Exchange Commission. The County reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the County covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Order. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of Obligation, to the new Paying Agent/Registrar designated and appointed by the County. Upon any change in the Paying Agent/Registrar, the County promptly will cause a written notice thereofto be sent by the newPaying • Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions ofthis Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. • (e) Book-Entry Only %`em for Certificates ofOblieation. The Certificates of Obligation issued in exchange for the Certificates of Obligation initially issued to the purchaser specified in Section 13 herein shall be initially issued in the form of a separate single fully registered Certificate of Obligation for each of the maturities thereof. Upon initial issuance, the ownership of each such Certificate of Obligation shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York C DTC"), and except as provided in subsection (i) hereof, all of the outstanding Certificates of Obligation shall be registered in the name of Cede & Co., as nominee of DTC. 1201 With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee ofDTC, the County and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banns, trust companies, clearing corporations and certain other organizations on whose behalf DTC ,;vas created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transaction among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates of Obligation. Without limiting the immediately preceding sentence, the County and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. • or any DTC Participant with respect to any ownership interest in the Certificates of Obligation, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of the Certificates of Obligation, as shown on the Registration Books, of any notice with respect to the Certificates of Obligation, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Certificates of Obligation, as shown in the Registration Books of any amount with respect to principal of or interest on the Certificates of Obligation. Notwithstanding any other provision of this Order to the contrary, the County and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate of Obligation is registered in the Registration Books as the absolute owner of such Certificate of Obligation for the purpose of payment of principal and interest with respect to such Certificate of Obligation, for the purpose of registering transfers with respect to such Certificate of Obligation, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Certificates of Obligation only to or upon the Order of the registered owners, as shown in the Registration Books as provided in this Order, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the County's obligations with respect to payment of principal of and interest on the Certificates of Obligation to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a certificate evidencing the obligation of the County to make payments of principal and interest pursuant to this Order. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Order with respect to interest checks being mailed to the registered owner at the close of business on the Record Date, the words "Cede & Co." in this Order shall refer to such new nominee of DTC. (f) Successor Securities Den �sitory Transfers Outside Book -Entry Only Systems. In the event that the County determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the County to DTC or that it is in the best interest of the beneficial owners of the Certificates of Obligation that they be able to obtain certificated Certificates of Obligation, the County shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates ofObligationto such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Certificates of Obligation and transfer one or more separate Certificates of Obligation to DTC Participants having Certificates of Obligation credited to their DTC accounts. In such event, the Certificates of Obligation shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Certificates of Obligation shall designate, in accordance with the provisions of this Order. 0 (g) Payments to Cede & Co. Notwithstanding any other provision of this Order to the contrary, so long as any Certificate of Obligation is registered in the name of Cede & Co., as nominee for DTC, all payments with respect to principal of and interest on such Certificate of Obligation and all notices with respect to such Certificate of Obligation shall be made and given, respectively, in the manner provided in the representation letter of the County to DTC. (h) DTC Letter of Representation. The officers of the County are herein authorized for and on behalf of the County and as officers of the County to enter into one or more Letters of • Representation, if necessary, with DTC establishing the book -entry only system with respect to the Certificates of Obligation. (i) DeliverY—OLnitial Certificate ofObli ag tion. On the closing date, one Initial Certificate of Obligation representing the entire principal amount of the respective series of Certificates of Obligation and, payable in stated installments to the initial registered owner named in Section 13 of this Order or its designee, executed by the manual or facsimile signature of the County Judge, countersigned by the manual or facsimile signature of the County Clerk or Deputy County Clerk of the County, registered and signed by the manual or facsimile signature of the County Treasurer of the County, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to the initial purchaser or its designee. Upon payment for the Certificates of Obligation, the Paying Agent/Registrar shall cancel the Initial Certificate of Obligation and deliver to the initial registered owner or its designee one registered definitive Certificate of Obligation for each year of maturity of the Certificates of Obligation, in the aggregate principal amount of all ofthe Certificates of0bligation for such maturity. SEMON5. FORM OF CERTIFICATE OF OBLIGATION. The form ofthe Certificates of Obligation, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas (to be attached only to the Certificates of Obligation initially issued and delivered pursuant to this Order), shall be, respectively, substantially as follows, with such appropriate varia- tions, omissions, or insertions as are permitted or required by this Order: • [The remainder of this page intentionally left blank) • 1203 FORM 01- CERTIFICATE OF OBLIGATION FM UNITED STATES OF AMERICA STATE OF TEXAS CALHOUN COUNTY, TEXAS CERTIFICATE OF OBLIGATION, SERIES 2004 INTEREST RATE REGISTERED OWNER PRINCIPAL AMOUNT: PRINCIPAL AMOUNT DATE OF SERIES MATURITY DATE CUSIP NO. July 1, 2004 DOLLARS ON THE MATURITY DATE specified above, CALHOUN COUNTY, TEXAS (the "County"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the 'Registered Owner") the Principal Amount set forth above, and to pay interest thereon from July 1, 2004, at the Interest Rate per annum specified above, on February 15, 2005 and semiannually on each February 15 and August 15 thereafter to the Maturity Date specified above or date of redemption prior to redemption; except that if this Certificate of Obligation is required to be authenticated and the date of its authenti- cation is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such Principal Amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate of Obligation or Certificates of Obligation, if any, for which this Certificate of Obligation is being exchanged or converted from is due but has not been paid, then this Certificate of Obligation shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OFAND INTEREST ON THIS CERTIFICATE are payable in lawful money ofthe United States ofAmerica, without exchange or collection charges. The principal of this Certificate of Obligation shall be paid to the Registered Owner hereof upon presentation and surrender of this Certificate of Obligation at maturity or redemption prior to maturity, at the designated corporate trust office (initially located in Houston, Texas) of Wachovia Bank, National Association which is the "Paying Agent/Registrar" for this Certificate of Obligation. The payment ofinterest on this Certificate of Obligation shall be made by the Paying Agent/Registrar to the Regis- tered Owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required by the order authorizing the issuance of the Certificates of Obligation (the "Certificate of Obligation Order") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the Registered Owner hereof, at its address as it appeared on the Iasi: business day of the month next preceding each such date (the ON • • • "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days • prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate of Obligation appearing on the Registration Books at the close ofbusiness on the last business day next preceding the date of mailing of such notice. Any accrued interest due upon the redemption ofthis Certificate of Obligation prior to maturity as provided herein shall be paid to the Registered Owner upon presentation and surrender of this Certificate of Obligation for redemption and payment to the Paying Agent/Registrar at the Designated Trust Office (unless the redemption date is a regularly scheduled interest payment date, in which case accrued interest on such redeemed Certificates of Obligation shall be payable in the regular manner described above). The County covenants with the Registered Owner of this Certificate of Obligation that on or before each principal payment date and interest payment date for this Certificate of Obligation it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of Obligation Order, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates of Obligation, when due. IF THE DATE FOR ANY PAYMENT DUE on this Certificate of Obligation shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE OF OBLIGATION IS ONE OFA SERIES OF CERTIFICATES OFOBLIGATIONdated as ofJuly 1, 2004, authorized in accordance with the Constitution and laws . of the State of Texas in the principal amount of $S,890,000 FOR THE PURPOSE OFPAYING CONTRACTUAL OBLIGATIONS TO CONSTR UCT RENOVATIONSAND IMPROVEMENTS TO THE CALHOUN COUNTY COURTHOUSE, ACQUIRE EQUIPMENT RELATED THERETO, AND PA YING FOR PR OFESSIONAL SER VICES RENDERED DV CONNECTION THERE R'ITHAND COSTS OF ISSUANCE • ONAUGUST I S, 2011, OR ONANYDA TE THEREAFTER, the Certificates of Obligation of this Series maturing on and after August 15, 2012, may be redeemed prior to their scheduled maturities, at the option of the County, with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of such Certificate of Obligation may be redeemed only in an integral multiple of $5,000 in principal amount) at the redemption price equal to the principal amount being called for redemption plus unpaid accrued interest. If less than all of such Certificates of Obligation are to be redeemed, the particular Certificates of Obligation to be redeemed shall be selected by the Paying Agent/Registrar at random and by lot. ��J ADDITIONALLY, THECER77FICATESOFOBLIGATIONMATURINGonAugust 15, 2024 (the "Term Certificates") are subject to mandatory redemption prior to maturity in part by Iot, at a price equal to the principal amount thereof plus accrued interest to the date of redemption, on August 15 in the respective years and principal amounts shown below: TERM CERTIFICATES MATURING AUGUST 15, 2024 REDEMPTION REDEMPTION • DATE AMOUNT AUGUST 15, 2023 $495,000 AUGUST 15, 2024 tM..,„> 515,000 The principal amount of the Term Certificates required to be redeemed pursuant to the operation of such mandatory redemption requirements may be reduced, at the option of the County, by the principal amount of any such Term Certificates which, prior to the date of the mailing of notice of such mandatory redemption, (i) shall have been acquired by the County and delivered to the Paying Agent/Registrar for cancellation, (ii) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the County, or (ni) shall have been redeemed pursuant to the optional redemption provisions described in the preceding paragraph and not theretofore credited against a mandatory redemption requirement. AT LEAST 30 DAYS PRIOR to the date fixed for any redemption of Certificates of Obligation or portions thereof prior to maturity, a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption to the Registered Owner of each Certificate of Obligation to be redeemed at its address as it appeared on the Registration Books maintained by the Paying Agent/Registrar on the day such notice of redemption is mailed. Any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Registered Owner. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates of Obligation or portions thereof which are to be so redeemed. If such written notice of redemption is • mailed and if due provision for such payment is made, all as provided above, the Certificates of Obligation or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate of Obligation shall be redeemed a substitute Certificate of Obligation or Certificates, of Obligation having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Registered Owner, and in an aggregate principal amount equal to the unredeemed portion thereof will be issued to the Registered Owner upon the surrender thereof for cancellation, at the expense of the County, all as provided in the Certificate of Obligation Order. 10 r 1 L_J ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered Certificates of Obligation, without interest coupons, in the denomination of any integral multiple of $5,000, As provided in the Certificate of Obligation Order, this Certificate of Obligation may, at the request of the Registered Owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate amount of fully registered Certificates of Obligation, without interest coupons, payable to the appropriate Registered Owner, assignee or assignees, as the case may be, having any authorized denomination or denominations as requested in writing by the appropriate Registered Owner, assignee or assignees, as the case may be, upon surrender of this Certificate of • Obligation to the Paying Agent/Registrar for cancellation, all in accordance with the form and pro- cedures set forth in the Certificate of Obligation Order. Among other requirements for such assignment and transfer, this Certificate of Obligation must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate of Obligation or any portion or portions hereof in any authorized denomination to the assignee or assignees in whose name or names this Certificate of Obligation or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate of Obligation may be executed by the Registered Owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate of Obligation or any portion or portions hereof from time to time by the Registered Owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate of Obligation or portion thereof will be paid by the County. In any cir- cumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer or exchange of a Certificate of Obligation (i) during the period commencing with the close ofbusiness on any Record Date immediately preceding a principal or interest payment date for such Certificate of Obligation and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided, however, such limitation of transfer shall not be applicable to an exchange by the Registered Owner of an unredeemed balance of a Certificate of Obligation called for redemption in part. • IN THE EVENT ANY PAYING AGENT/REGISTRAR for the Certificates of 0bligation is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Certificate of Obligation Order that it promptly will appoint a competent and legally qualified sub- stitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation. IT IS HEREBY CERTIFIED, RECITED, AND COVENANTED that this Certificate of Obligation has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance and delivery of this Certificate of Obligation have been performed, existed, and been done in accordance with law, that this Certificate of Obligation is a general obligation ofthe County, issued on the full faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due, and as 11 0 such principal matures, have been levied and ordered to be levied against all taxable property in the County, and have been pledged for such payment, within the limits provided by law. THE COUNTYHAS RESERVED THE RIGHT TO AMEND the Certificate of Obligation Order as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Certificates of Obligation. BYBECOMING THEREGISTERED OWNER ofthis Certificate ofObligation, the Regis- tered Owner thereby acknowledges all of the terms and provisions of the Certificate of Obligation Order, agrees to be bound by such terms and provisions, acknowledges that the Certificate of Obligation Order is duly recorded and available for inspection in the official minutes and records of the governing body of the County, and agrees that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Order constitute a contract between each Registered Owner hereof and the County. DV WITNESS WHEREOF, the County has caused this Certificate of Obligation to be signed with the manual or facsimile signature of the County Judge of the County, countersigned with the manual or facsimile signature of the County Clerk or Deputy County Clerk of the County, and has caused the official seal of the County to be duly impressed, or placed in facsimile, on this Certificate of Obligation. Countersigned: (facsimile signature) (facsimile signature) County Judge (Deputy) County Clerk Calhoun County, Texas Calhoun County, Texas (SEAL) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this (COMPTROLLERS SEAL) 12 Comptroller of Public Accounts of the State of Texas �� J 0 • Li FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate of Obligation is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate of Obligation Order described in the text of this Certificate of Obligation; and that • this Certificate of Obligation has been issued in conversion or replacement of or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a Series which originally, was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated WACHOVIA BANK, NATIONAL ASSOCIATION Paying Agent/Registrar By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned Registered Owner of this Certificate of Obligation, or duly authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to (Assignee's Social Security or (Print or typewrite Assignee's name and address, including zip code) Taxpayer Identification) and hereby irrevocably constitutes and appoints • attorney to register the transfer of the within Certificate of Obligation on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. 13 NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or enlargement or any change whatsoever. INITIAL CERTIFICATE OF OBLIGATION The Initial Certificate of Obligation shall be in the respective form set forth above except that: (A) Immediately under the name of the Certificate of Obligation, the headings "INTEREST RAPE" and "MATURITY DATE" shall be completed with the words "As shown below" and "CUSIP NO. " shall be deleted. • (B) The first paragraph shall be deleted and the following shall be inserted: "ON THE RESPECTIVE MATURITYDATES specified below, CALHOUN COUNTY, TEXAS (the "County"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), the respectivePrincipal Installments specified below, and to pay interest thereon (calculated on the basis of a 360-day year composed of twelve 30-day months) from July 1, 2004, at the respective Interest Rates per annum specified below, payable on February 15, 2005, and semiannually on each February 15 and August 15 thereafter to the respective Maturity Dates specified below, or the date of redemption prior to maturity. The respective Maturity Dates, Principal Installments and Interest Rates for this Certificate of Obligation are set forth in the following schedule: [Insert information from Sections 2 and 3 above] (C) The Initial Certificate of Obligation shall be numbered 7-1." • SFmoN 6. INTEREST AND SINKING FUND; TAX LEVY. A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the County at an official depository bank ofthe County. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the County, and shall be used only for paying the interest on and the principal of said Certificates of Obligation. All ad valorem taxes levied and collected for and on account of said Certificates of Obligation shall be deposited, as collected, to the credit of said Interest and Sinldng Fund. For each fiscal year while any of the Certificates of Obligation or interest thereon are outstanding and unpaid, the governing body ofthe County shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates of Obligation as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certificates of Obligation as such principal matures 14 0 (but never less than 2% ofthe original principal amount of each series ofthe Certificates ofObfigation as a sinking fund each year); and said tax shall be based on the latest approved tax rolls ofthe County, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the County for each year while any of the Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund created by this Order. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal 'of the Certificates of Obligation, as such • interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. SECTION 7. CONSTRUCTION FUND. There is hereby created and established on the financial records of the County or in the depository of the County, a fund to be called the "Calhoun County, Texas Certificates of Obligation (Series 2004) Construction Fund" (herein called the "Construction Fund"). All proceeds from the sale and delivery ofthe Certificates of Obligation (other than accrued interest and any premium on the Certificates of Obligation, if any, that is not used by the Issuer to pay costs of issuance in accordance with the provisions of Section 1201.042(d), Texas Government Code, as amended, which amounts shall be deposited into the Interest and Sinking Fund) shall be deposited into the Construction Fund. Money in the Construction Fund shall be subject to disbursements by the County for payment of costs of issuance and all costs incurred in carrying out the construction purpose for which the Certificates of Obligation are issued, including but not limited to costs for construction, engineering, architecture, acquisition offiuviture and equipment, financing, financial consultants and legal services related to the projects being financed with proceeds of the Certificates ofObligation. All funds remaining on deposit in the Construction Fund upon completion of construction of the project being financed with the proceeds from the Certificates of Obligation, if any, shall be transferred to the Interest and Sinking Fund. SECTION 8. INVESTMENTS. Funds on deposit in the Interest and Sinking Fund and the Construction Fund shall be secured by the depository bank of the County in the manner and to the extent required by law to secure other public funds of the County and may be invested from time to time in any investment authorized by applicable law, including but not limited to the Public Funds Investment Act (Chapter 2256, Texas Government Code), and the County's investment policy • adopted in accordance with the provisions of the Public Funds Investment Act; provided, however, that investments purchased for and held in each Interest and Sinking Fund shall have a final maturity no later than the next principal or interest payment date on which such funds will be needed, and investments purchased for and held in the Construction Fund shall have a final maturity of not later than the date the County reasonably expects the funds from such investments will be required to pay costs of the projects for which the Certificates of Obligation were issued.. Income and profits from such investments shall be deposited in the respective Fund which holds such investments; however, any such income and profits from investments in the Construction Fund may be withdrawn by the County and deposited in the Interest and Sinking Fund to pay all or a portion of the interest next coming due on the Certificates of Obligation. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 12 hereof in order to prevent the Certificates of Obligation from being arbitrage certificates shall be so rebated and not considered as interest earnings for the purposes ofthis Section. 15 211 SEMON 9. DEFEASANCE OF CERTIFICATES. (a) Defeased Certificates of Obligation. Any Certificate of Obligation and the interest thereon shall be deemed to be paid, retired and no longer Outstanding (a "Defeased Certificate of Obligation"), except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate of Obligation, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar (or another entity permitted by Section 1207.061, Texas Government Code, as amended, or other applicable law, which entity, together with the Paying Agent/Registrar, • are referred to collectively in this Section as the 'Defeasance Agent"), in accordance with the requirements of Chapter 1207, Texas Government Code, as amended, or other applicable law (which may include the use of an escrow agreement or other similar instrument - the "Future Escrow Agreement"): (1) lawful money of the United States of America sufficient to make such payment or (2) "Defeasance Securities" (as defined below) that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the County with the Defeasance Agent for the payment of its services until all Defeased Certificates of Obligation shall have become due and payable. At such time as a Certificate of Obligation shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such Certificate of Obligation and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of; the ad valorem taxes herein levied and pledged as provided in this Order, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Order to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates of Obligation that is made in conjunction with the payment arrangements specified in subsection (a)(i) or (if) of this Section shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the County expressly reserves the right to call the Defeased Certificates of Obligation for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates of Obligation immediately following the making of the payment arrangements; and (3) directs that notice ofthe reservation be included in any redemption notices that it authorizes. (b) Defeasance Securities.. The term "Defeasance Securities" means (i) direct, noncallable obligations ofthe United States ofArnerica, including obligations that are unconditionally guaranteed . by the United States of America., (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (ia) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date on the date the governing body of the County adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (c) Investment in Defeasance, Securities. Any moneys so deposited with the Defeasance Agent may at the written direction ofthe County be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Defeasance Agent that is not required for the payment of the Certificates of Obligation and interest thereon, with respect to which such money has been so deposited, shall be 16 C, f� r.d .a • turned over to the County, or deposited as directed in writing by the County. Any account or Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates of Obligation may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsections (a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Defeasance Agent which is not required for the payment of the Defeased Certificates of Obligation, with respect to which such money has been so deposited, shall be remitted to the County or deposited as directed in writing by the County. (d) PaYinrArent/Rel;istrar Services. Until all Defeased Certificates of Obligation shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of Obligation the same as if they had not been defeased, and the County shall make proper arrangements to provide and pay for such services as required by this Fifth Supplement. (e) Selection of Certificates _of Obli atton for Defeasance. In the event that the County elects to defease less than all of the principal amount of Certificates of Obligation of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates ofObligation by such random method as it deems fair and appropriate. SECHON 10. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Rel2lacement Certificates of Obligation. In the event any outstanding Certificate of0bligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement for such Certificate of Obligation in the manner hereinafter provided. (b) AM ation forRenlacement Certificates of Oblioafion. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction ofa Certificate of Obligation, the registered owner applying for a replacement certificate shall firnish to the County and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate of Obligation, the registered owner shall fiunish to the County and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate of Obligation. In every case of damage or mutilation of a Certificate of Obligation, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate of Obligation shall have matured, and no default has occurred which is then continuing in the payment of the principal of or interest on the Certificate of Obligation, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate of Obligation) instead of issuing a replacement Certificate of Obligation, provided security or indemnity is furnished as above provided in this Section. 17 • ��3 (d) Charge for Issuing Replacement Certificates of obligation. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the County whether or not the lost, stolen or destroyed Certificate of Obligation shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Certificates of Obligation duly issued under this Order. (e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Chapter 1201, Texas Government Code, as amended, this Section of this Order shall constitute authority for the issuance of any such replacement certificate without necessity of fiu-ther action by the governing body of the County or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section 4(a) of this Order for Certificates of Obligation issued in conversion and exchange for other Certificates of Obligation. SEmoN11. CUSTODY, APPROVAL, AND REGISTRATION OFCERTIFICATES; BOND COUNSEL'S OPINION; CUSIP NUMBERS; AND OTHER MATTERS. The County Judge of the County is hereby authorized to have control of the Certificates of Obligation initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates of Obligation pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates of Obligation said Comptroller ofPublic Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the County's Bond Counsel (with an appropriate certificate pertaining thereto executed by facsimile signature of the County Clerk or Deputy County Clerk of the County) and the assigned CUSIP numbers may, at the option of the County, be printed on the Certificates of Obligation issued and delivered under this Order, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates of Obligation. If bond . insurance is obtained, the Certificates of Obligation may bear an appropriate legend as provided by the insurer. SEcr1oN 12. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES. (a) Cove;7ants. The County covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Certificates of Obligation as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the County covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates of Obligation or the projects financed or refinanced therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects 18 0 financed or refinanced therewith are so used, such amounts, whether or not received by the County, with respect to such private business use, do not, under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates of Obligation, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation or the projects financed or refinanced therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action which would otherwise result in the Certificates of Obligation being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Certificates ofObfigation being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds ofthe Certificates of Obligation, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term ofthe Certificates of Obligation, other than investment property acquired with -- (A) proceeds of the Certificates of Obligation invested for a reasonable • temporary period of 3 years or less or, in the case of a refunding certificate, for a period of 30 days or less until such proceeds are needed for the purpose for which the certificates are issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation; (7) to otherwise restrict the use of the proceeds of the Certificates of Obhgation or amounts treated as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of Obligation do not otherwise contravene the requirements of section 148 19 0 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance ref ind ngs); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates of Obligation have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a "Rebate Fund" is hereby established by the County for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation the certificateholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Proceeds. The County understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case ofrefunding certificates, transferred proceeds (if any) and proceeds of the refunded certificates expended prior to the date of issuance of the Certificates of Obligation. It is the understanding of the County that the covenants contained herein are intended to assure compliarice with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates of Obligation, the County will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates of Obligation under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates of Obligation, the County agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates of Obligation under section 103 of the Code. In furtherance of such intention, the County hereby authorizes and directs the Finance Director to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the County, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates of Obligation. (d) Allocation Of. and Limitation On. E_pz enditures for the Prot. The County covenants to account for the expenditure of We proceeds and investment earnings to be used for the purposes described in Section 1 of this Order (the 'Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The County recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the County recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates of Obligation, or (2) the date the Certificates ofObligation are retired. The County agrees 20 0 to obtain the advice of nationally -recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Certificates of Obligation. For purposes hereof; the County shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. (e) Disposition ofProlect. The County covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the County of cash or other compensation, unless the County obtains an opinion of nationally -recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Certificates of Obligation. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof; the County shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. (f) Qualified Tax -Exempt Obligations. The County hereby designates the Certificates of Obligation as "qualified tax-exempt obligations" as defined in section 265(b)(3) of the Code. In furtherance of such designation, the County represents, covenants and warrants the following: (a) that during the calendar year in which the Certificates of Obligation are issued, the County (including any subordinate entities) has not designated nor will designate bonds or other obligations, which when aggregated with the Certificates of Obligation, will result in more than $10,000,000 of"qualified tax- exempt obligations" being issued; (b) that the County reasonably anticipates that the amount of tax- exempt obligations issued during the calendar year in which the Certificates of Obligation are issued by the County (or any subordinate entities) will not exceed $10,000,000; and, (c) that the County will take such action or refrain from such action as necessary, and as more particularly set forth in this Section, in order that the Certificates of Obligation will not be considered "private activity bonds" within the meaning of section 141 of the Code. SECTION 13. SALE AND DELIVERY OF CERTIFICATES. The Certificates of Obligation are hereby initially sold and shall be delivered to Southwest Securities, Ina, as representative of the initial purchasers of the Certificates of Obligation (the "Underwriters"), at a • price of $5,830,SIS.4S (which amount is equal to par, less Underwriters' discount of $48,291.60, less a net original issue discount of $11,192.95), plus accrued interest on the Certificates of Obligation from July 1, 2004, to the date of initial delivery thereof; all pursuant to the terms and provisions of a Purchase Agreement in substantially the form attached hereto as Exhibit B (the "Purchase Agreement"). The County Judge of the County is hereby authorized to execute and deliver, and the County Clerk or Deputy County Clerk is hereby authorized to attest the Purchase Agreement. The County will deliver to the Underwriters an Initial Certificate of Obligation in the aggregate principal amount of $5, 890, 000 in principal installments on the dates and in the principal amounts shown in Section 2 hereof, and bearing interest at the rates for each respective maturity as shown in Section 3 hereof. The Initial Certificate of Obligation shall be registered in the name of Southwest Securities, Inc. SECTION 14. APPROVAL OF OFFICIAL STATEMENT. The County hereby approves the form and content of the Official Statement relating to the Certificates of Obligation and any addenda, supplement, or amendment thereto, and approves the distribution of the Official Statement 21 �11 in the reoffering ofthe Certificates ofObligation by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof The distribution and use of the Preliminary Official Statement for the Certificates of Obligation, dated July 6, 2004, prior to the date hereof is hereby ratified and confirmed. The Commissioners Court finds and determines that the Preliminary Official Statement and the Official Statement were and are "deemed final' as of each of their respective dates within the meaning, and for the purpose, of Rule 15c2-12 promulgated under authority granted by the Federal Securities and Exchange Act of 1934. SECTION 15. BOND INSURANCE POLICY. The County is authorized to purchase with proceeds of the Certificates of Obligation a municipal bond insurance policy from AmBAC ASSURANCE CORPORATIONto secure timely payment of principal and interest on the Certificates of Obligation. The County agrees to comply with the provisions relating to such municipal bond insurance policy as set forth in Fxhibit C. SECTION 16. AUTHORITY FOR OFFICERS TO EXECUTE DOCUMENTS. The County Judge, County Clerk or Deputy County Clerk, County Treasurer and County Auditor of the County, and all other officers ofthe County, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the County all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the Certificates of Obligation, the sale of the Certificates of Obligation, the Official Statement and the Paying Agent/Registrar Agreement. In case any officer whose signature shall appear on any Certificate of Obligation shall cease to be such officer before the delivery of such Certificate of Obligation, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 17. ORDER A CONTRACT; AMENDMENTS. This Order shall constitute a contract with the Registered Owners ofthe Certificates of Obligation, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Certificate of Obligation remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Registered Owners, amend, change, or modify this Order as may be • required (i) by the provisions hereof, (i) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iii) in connection with any other change which is not to the prejudice of the Registered Owners. The County may, with the written consent of the Registered Owners of a majority in aggregate principal amount ofthe Certificates of Obligation then outstanding affected thereby, amend, change, modify, or rescind any other provisions of this Order; provided that without the consent of all of the Registered Owners affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Certificates of Obligation, or reduce the principal amount thereof or the rate of interest thereon, (ii) give any preference to any Certificate of Obligation over any other Certificate of Obligation, (iii) extend any waiver of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Certificates of Obligation required for consent to any such amendment, change, modification, or rescission. Whenever the County shall desire to make any amendment or addition to or rescission of this Order requiring consent of the Registered Owners, the County shall cause notice of the amendment, addition, or rescission to be sent by first class mail, postage prepaid, to the 22 Registered Owners at the respective addresses shown on the Registration Books. Whenever at any time within one year after the date ofthe giving of such notice, the County shall receive an instrument or instruments in writing executed by the Registered Owners of a majority in aggregate principal amount ofthe Certificates of Obligation then outstanding affected by any such amendment, addition, or rescission requiring the consent of the Registered Owners, which instrument or instruments shall refer to the proposed amendment, addition, or rescission described in such notice and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereofreferred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Registered Owner may thereafter object to the adoption of such amendment, addition, or rescission, or to any ofthe provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes. SECTION 18. SECURITY INTEREST. Chapter 1208, Texas Government Code, applies to the issuance ofthe Certificates of0bligation and the pledge ofthe ad valorem taxes granted by the County under Section 6 of this Order, and is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates of Obligation are outstanding and unpaid such that the pledge of the ad valorem taxes granted by the County under Section 6 of this Order is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners ofthe Certificates of Obligation the perfection of the security interest in said pledge, the County agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions ofChapter 9, Texas Business & Commerce Code, and enable a filing to perfect the security interest in said pledge to occur. . SECTION 19. INTERESTED PARTIES. Nothing in this Order expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the County and the registered owners of the Certificates of Obligation, any right, remedy or claim under or by reason of this Order or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Order contained by and on behalf of the County shall be for the sole and exclusive benefit of the County and the registered owners of the Certificates of Obligation. SECTION20. COMPLIANCE WITH RULE 15c2-12. (a) AnnualReDorts. The County shall provide annually to the SID, within six months after the end of each fiscal year ending in or after 2004, financial information and operating data with respect to the County ofthe general type included in the final Official Statement authorized by this Order being the information described in Exhibit D hereto. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the County commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the County shall provide (1) unaudited financial statements for such fiscal year within such six month period, and (2) audited financial statements for the applicable fiscal year to the SID when and if the audit report on such statements become available. If the County changes its fiscal year, it will notify each NRMSIR and the SID of the change (and of the date of the new fiscal year end) prior to the next date by which the County otherwise would be required to provide financial information and operating data pursuant to this paragraph (a). P#3 is The financial information and operating data to be provided pursuant to this paragraph (a) may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the SID or filed with the SEC. (b) Material Event Notices. The County shall notify the SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates of Obligation, if such event is material within the meaning of the federal securities laws: A. Principal and interest payment delinquencies; B. Non-payment related defaults, C. Unscheduled draws on debt service reserves reflecting financial difficulties; D. Unscheduled draws on credit enhancements reflecting financial difficulties, E. Substitution of credit or liquidity providers, or their failure to perform; F. Adverse tax opinions or events affecting the tax-exempt status of the Certificates of Obligation; G. Modifications to rights of holders of the Certificates of Obligation; H. Certificate of Obligation calls; I. Defeasances; Release, substitution, or sale of property securing repayment of the Certificates of Obligation; and K. Rating changes. The County shall notify the SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the County to provide financial information or operating data in accordance with paragraph (a) of this Section by the: time required by such paragraph. (c) Limitations. Disclaimers. and Amendments. The County shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the County remains an "obligated person" with respect to the Certificates of Obligation within the meaning ofthe Rule, except that the County in any event will give notice of any deposit made in accordance with Section 9 of this Order that causes Certificates of Obligation no longer to be outstanding. The provisions of this Section are for the sole benefit of the Holders and beneficial owners ofthe Certificates ofObligation, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices 24 r 1 LJ - , Ij which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates of Obligation at any future date. UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER . OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACTOR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the County in observing or performing its obligations under this Section shall comprise a breach of or default under the Order for purposes of any other provision of this Order. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws. The provisions of this Section may be amended by the County from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, but only if (1) the provisions ofthis Section, as so amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary offering ofthe Certificates of Obligation in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision ofthis Order that authorizes such an amendment) of the outstanding Certificates of Obligation consent to such amendment or (b) a person that is unaffiliated with the County (such as nationally recognized bond counsel) determined that such • amendment will not materially impair the interest of the Holders and beneficial owners of the Certificates of Obligation. The County may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing or selling Certificates of Obligation in the primary offering of the Certificates of Obligation. If the County so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with paragraph (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. (d) De rnrtions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. 25 • 1 44 "MMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC' means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. SECTION 21. INCORPORATION OF REMALS. The County hereby finds that the statements set forth in the recitals of this Order are true and correct, and the County hereby incorporates such recitals as a part of this Order. SECTION 22. SEVERABILTTY. If any provision of this Order or the application thereof to any circumstance shall be held to be invalid, the remainder ofthis Order and the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Order would have been enacted without such invalid provision. SECTION 23. EFFECTIVE DATE. This Order shall become effective immediately after its adoption. [The remainder of this page intentionally left hlank] 26 0,r7 , w,44 PASSED AND APPRO VED BY THE COMMISSIONERS CO URT OF THE CAI ,HO UN COUNTY, TEXASATAREGULAR TERMMEETINGRECONVENEDONTHE 14MDAYOF JULY, 2004, AT WHICHMEETINGA QUORUM WAS PRESENT. ATTEST: County Cler4 Calhoun County, Texas County Judge, Caffioun C66ntf Texas (COUNTY SEAL) k# #k #rt ## kk [EXECUTION PAGE TO THE CERTIFICATE OF OBLIGATION ORDER) U rwa�e° v n: THE PAYING AGENT/REGISTRAR AGREEMENT IS OMITTED AT THIS POINT AS TT APPEARS IN EXECUTED FORM ELSEWHERE IN THIS TRANSCRIPT OF PROCEEDINGS. A-1 22 9 0 • `lilE PURCHASE AGREEMENT IS OMITTED AT THIS POINT AS IT APPEARS IN EXECUTED FORM ELSEWHERE IN THIS TRANSCRIPT OF PROCEEDINGS. C� B-I • 25 V� REQUIREMENTS OF THE INSURER WITH RESPECT TO THE MUNICIPAL BOND INSURANCE POLICY Definitions. The following terms as used in this Exhibit shall mean as follows: "Ambac Assurance" shall mean Ambac Assurance Corporation, a Wisconsin -domiciled • stock insurance company. "Municipal Bond Insurance Policy" shall mean the municipal bond insurance policy issued by Ambac Assurance :insuring the payment when due of the principal of and interest on the Certificates of Obligation as provided therein. Consent of Ambac Assurance;. Any provision of this Order expressly recognizing or granting rights in or to Ambac Assurance may not be amended in any manner which affects the rights of Ambac Assurance hereunder without the prior written consent of Ambac Assurance. Consent of Ambac Assurance in Addition to Consent of Registered Owners. Unless otherwise provided in this Exhibit, Ambac Assurance's consent shall be required in addition to the consent of the Registered Owners, when required by this Order, for the following purposes: (i) execution and delivery of any amendment, supplement or change to or modification of this Order, (ii) removal of the Paying Agent/Registrar and selection and appointment of any successor Paying Agent/Registrar, and (iii) initiation or approval of any action not described in (i) or (ii) above which requires the consent of the Registered Owners. Consent of Ambac Assurance in the Event of Insolvency. Any reorganization or liquidation plan with respect to the County must be acceptable to Ambac Assurance. In the event of any reorganization or liquidation, Ambac Assurance shall have the right to vote onbehalfof all Registered Owners of the Certificates of Obligation absent a default by Ambac Assurance under the Municipal Bond Insurance Policy. Consent of Ambac Assurance Upon Default. Anything in this Order to the contrary • notwithstanding, upon the occurrence and continuance of an event ofdefault, Ambac Assurance shall be entitled to control and direct the enforcement of all rights and remedies granted to the Registered Owners of the Certificates of Obligation under this Order. Notices/Information To Be Sent to the Attention of the Surveillance Department: While the Municipal Bond Insurance Policy is in effect, the County shall furnish to Ambac Assurance (to the attention of the Surveillance Department, unless otherwise indicated): (1) Financial Statements - as soon as practicable after the filing thereof, a copy of any audit and annual report of the County; (2) Notices of Redemption or Defeasance - a copy of any notice to be given to the Registered Owners of the Certificates of Obligation, including, without limitation, notice of any redemption of or defeasance of the Certificates of C-1 Obligation, and any certificate rendered pursuant to this Order relating to the security for the Certificates of Obligation at no cost to Ambac Assurance; (3) Annual Disclosure Information - To the extent that the County has entered into a continuing disclosure agreement with respect to the Certificates of Obligation, Ambac Assurance shall be included as party to be notified; and • (4) Additional Information Requested by Ambac Assurance - such additional information it may reasonably request and for which the County is permitted by law to provide. Notices/Information To Be Sent to the Attention of the General Counsel's Office: While the Municipal Bond Insurance Policy is in effect, the County shall furnish to Ambac Assurance (to the attention of the Surveillance Department, unless otherwise indicated): (a) The County shall notify Ambac Assurance of any failure of the County to provide relevant notices, certificates, etc. (b) Notwithstanding any other provision of this Order, the County shall immediately notify Ambac Assurance if at any time there are insufficient moneys to make any payments of principal and/or interest as required and immediately upon the occurrence of any event of default hereunder. Other Information to be Given to Ambac Assurance. The County will permit Ambac Assurance to discuss the affairs, finances and accounts of the County or any information Ambac Assurance may reasonably request regarding the security for the Certificates of Obligation with appropriate officers of the County. The County will permit Ambac Assurance to have access to and to make copies of all books and records relating to the Certificates of Obligation at any reasonable time. Ambac's Right to an Accounting. In the event Ambac Assurance reasonably believes that the County will be unable to meet its debt service obligations on the Certificates of Obligation during the • County's then current or next Fiscal Year, Ambac Assurance shall have the right to direct an accounting of the County's financial records, at the County's expense, and the County s failure to comply with such direction within thirty (30) days after receipt ofwritten notice of the direction from Ambac Assurance shall be deemed a default hereunder; provided, however, that if compliance cannot occur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any registered owner of the Certificates of Obligation. Relating to Defeasance ofthe Certificates of Obligation. Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the Certificates of Obligation shall be paid by Ambac Assurance pursuant to the Municipal Bond Insurance Policy, such Certificates of Obligation shall remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be considered paid by the County, and the pledge of taxes to secure the Certificates of Obligation and all covenants, agreements and other obligations of the County to the Registered Owners of the C-2 • 227 Certificates of Obligation shall continue to exist and shall run to the benefit of Ambac Assurance, and Ambac Assurance shall be subrogated to the rights of such registered owners. C-3 • DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 20 of this Order. Annual Financial Statements and Operating Data The financial information and operating data with respect to the County to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: I. The annual audited financial statements of the County or the unaudited financial statements of the County in the event audited financial statements are not completed within six months after the end of any fiscal year. 2. All quantitative financial information and operating data with respect to the County of the general type included in the Official Statement under Tables 1 through 7 and Tables 9 through 16 in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 1 above. • D-1 • 22 CALHOUN COUNTY 201 West Austin Purchase Order NO. 40443 Port Lavaca, Texas 77979 PURCHASE ORDER NDOR 0 Name: Address: u r:+1 o 1'�' City: State: Zip: Phone: SHIP TO Department: 6 `0 Address: City: State: Zip: Phone: ®MMIM In 1 WMEM ;W, �1l WaIMM APPROVAL APPRovEr) JUL 13 2004 AUNTY AUDITOR APPROVAL/DEPARTMENT HEAD 0 0 G&WENGINEERS,REC'D JUL 8 2004 INC. 205 W. Live Oak Port Lavaca, Texas 77979 (361) 552-4509 Fax (361) 552-4987 July 7, 2004 iCommissioner Kenneth Finster Calhoun County Precinct 4 P.O. Box 177 Seadrift, Texas 77983 RE: RECONSTRUCTION OF PIER AT BAYFRONT PARK PORT O'CONNOR, TEXAS FOR CALHOUN COUNTY PRECINCT NO.4 Dear Commissioner Finster: We have reviewed Cary Construction Pay Request dated June 30, 2004 for the above referenced project, Enclosed is Recommendation for Payment No. 2 for the amount of $51,244.07. Please call if you have any questions. Sincerely, G & W Engineers, Inc. • av d W. Gann, P.E. cc: Cary Construction fi10#-24q6:845/recpay2.ltr gL�15-010 ,dL Engineering Architecture Planning Surveying No. 2 ........................................ RECOMMENDATION OF PAYMENT OWNER'sProject No: ... N/A - _„_... ENGINEER'sProject No._, 9045.010 RECONSTRUCTION OF PIER AT BAYFRONT PARK Project PORT O'CONNOR. TEXAS FOR CALHOUN COUNTY PRECINCT NO.4 ............................................................................. CONTRACTOR CARY CONSTRUCTION CO. tziCtifi1� I Rt7C"IIlSN"6 PY12......................:............................. ........ ......................................... .............. Contract For AT BAYFRONT PARK Application Date June 30, 2004 .................................................................. For Period Ending Jnne 30r 2004 ..................... Contract Date April 22, 2004 Application Amount $51,244.07 ........................................................... To COUNTY OF CALHOUN ......................................... _0'6V NH R............................................................ Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. The Application meets the requirements of the Contract Documents and includes the CONTRACTOR's Certificate stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations in connection with the Work covered by all prior Applications for Payments. In accordance with the Contract the undersigned recommends payment to the CONTRACTOR of the amount due as shown below. ...............G & W Engineers, Inc:............. _............. ��77 ENG . Dated....(..��%f ..1ZIa_��.... , 2004 BY David W. Gann, P.E. .UATEMENT OF WORK Original Contract Price $...... 147.,313.QQ........ Work to Date $ ....�32.,4.83.5..7........... Net Change Orders (1) (2) Current Contract Price Work to be Done $............ 3a040.00�......... 979.2 $ ...... 1.5..1>,3:r ......... $ ................. G & W ENGINEERS, INC. 205 W. Live Oak SL Pon Lavaca, Texas 77979 Amount Retained $ ........ 13,248.36......... Subtotal $.......1.19a23.5,1.1.......... Previous Payments Recommended $ 67t991.14 Amount Due This Payment $ ... - 51144.07........... 0 • • ) A,:d P.O. Box 554 Nat ComfOrL, Texas 77978 (361)987-5823 Office (361) 987-5863 Fax Cary Cortuc ion June 30, 2004 G & W Engineers 205 W. Live Oak Street Port Lavaca, Texas 77979 Attention: David Gann Dear Mr. Gann: Please accept the following as our Invoice for labor, equipment and material on the Port O'Connor Pier Project as of June 30�', 2004: Contract Change Order #1 Change Order #2 Total Conlraqt Less Previous invoice Balance on Contract Amount Earned this Period Less 10% Retainage Amount Due this Invoice If you have Any questions please feel free to call anytime. Sincerely, Taffy Holladay Operations Manager S 147,331.00 3,040.00 979-32 $151,332.32 75,545.71 $ 75,786.61 56,937.86 -$5693.79 $-'S343:98 dC ), 2941, o`/ TrAWOurFiuurc •. •.• )66t,2SS:01 :W02U 3017:SO 666T-2-NUP County of Calhoun PO t• $4 Port O'Connor Pier Ty"otWark (`aMMd 1. Remove existing lumber a. labor b. material c. equipment Total #1 2. Furnish nev, piling a instal a. labor . 7,678 b, material 1,272 c. equipment 8,000 d. bonds 1,000 Total #2 17,950 13. Furnish materia to construct pier a. labor 31,000. I b. material 40,904. c•. equipment (Total #3 17,0: 8. 89e643. 4. Labor 4 materia to construct handicap Tamp a. labor 1,200. b. material 2,300. Total 04 CONsmucnoN VOUC1+ER ogTAUID ESTIMATE SHEET EstTi;O�Tod;tfie' M Valneof�Utnelol W OiI( 12,650.00 800.00 2,000.00 15,450.00 .00 .00 .00 .00 •E 12,650.00 800.00 2,000.00 15,450.00 7,678.00 1,272.00 8,000.00 1,000.00 17,950.00 00 00 00 20,00o.00 25 40,904.25 75 13,000:00 00 73,904.25 e0o.0o 11500.00 3,500.00 5. Labor & materia to install lighting a. labor b, material 51250.00 C. bonds & 10:000.00 Ins. 2;000.00 Total #5 17,250.00 LS:d L86b2SS:01 2,300.00 4,000.00 10,000.00 2,000.00 L6,000.00 -0- -D- -0- -0- -D- -0- -0- 11,000.00 -0- 4,738.00 15,738.00 400.00 800.00 1,200.00 1,250.00 -0- -0- 1,250.00 100 100 100 100 100 100 100 66 100 73 82 f 65 76 100 100 92 0 :WMIi dTb:SO 666T-2-Nyl 0 L d ,,e No , �— /�1PA132+463.57 + • 11pu� 75,545.71 - �� aJ56,937•86 56,937.86 x 90• 51+244.07 51,244.07 - n i '...,759693.79 • • "C.-4 C.-4 fWZi APPROVE BILL FROM CARY CONSTRUCTION IN THE AMOUNT OF $51 244.07 FOR THE RECONSTRUCTION OF PIER AT EIAYFRONT PARK, PORT O'CONNOR, TEXAS: A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the bill from Cary Construction in the amount of $51,244.07 for the reconstruction of the Pier at Bayfront Park in Port O'Connor, Texas. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer. Court was adjourned at 10:25 a.m. • • r4i4