2005-09-22
Regular September Term
Held September 22, 2005
THE STATE OF TEXAS
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COUNTY OF CALHOUN
BE IT REMEMBERED, that on this 22nd day of September, A.D., 2005 there was begun and
holden In the CommissIOners' CourtroOm In the Memorial Medical Plaza in the my of Port Lavaca,
said County and Stare, at 10:00 A,M" a Regular Term of the Commissioners' Court within said
County and Stare, and there were present on this dare the following members of the Court, 10-
wit:
Michael J, pfeifer
. Roger C, Galvan
Michael J, Balajka
Nell E. Fritsch
Kenneth W. FlIlster
Wendy Marvin
County Judge
Commlssioner,Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the. Pledge of Allegiance.
APPROVAL OF MINUTES:
AMotion was made by Commissioner BalaJka and seconded by Commissioner Fritsch that the
minutes of August 11, '2005, August 18, 2005 and August 29,2005 meetings be approved as
presented. Commissioners Galvan, BaIaJka, Fritsch, Anster and Judge pfeifer all voted In favor.
Michael J, pfeifer
County Judge
Nell E. Fritsch .
Commissioner, Precinct 3
Roger C. Galvan
Commissioner, Precinct 1
Kenneth W, Anster
Commissioner, Precinct 4
Michael J, BalaJka
Commissioner, Precinct 2
Wendy Marvin
Deputy County Oerk
RECEIif'i 2004 SAFETY AWARD FROM TECAS ASSOCIATION OF COUNTIES:
This Agenda Item was passed on,
ADOPT THE 2006 CALHOUN COUNTY BUDGET:
A Motion was made by Judge pfeifer and seconded by Commissioner Fritsch to adopt the 2006
Calhoun County Budget. Commissioners Galyan, BaIaJka, Fritsch, .Anster and Judge pfeJfer all
voted In favor,
2006 Budget on file In the County Clerk's Office.
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ORDER
WHEREAS, Commissioners' Court of CalhowrCounty prepared a budget for
2006 to meet the needs of the citizens of our community; and
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WHEREAS, Commissioners' Court of Calhoun County held two public
hearings on the proposed tax rate on August 29,2005 and September 8,2005; and
WHEREAS, Commissioners' Court of Calhoun County has filed a copy of the
2006 budget with the Calhoun County Clerk's office as required by law.
NOW THEREFORE, IT IS HEREBY ORDERED by the
Commissioners' Court of Calhoun County that the 2006 budget filed with the County
Clerk, with the changes listed on the Order filing the budget with the County Clerk, is
hereby adopted.
SIGNED AND SEALED TillS THE 22nd DAY OF SEPTEMBER, 2005.
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Mic el Pt1 fer
Calhoun County Judge
VVY\~~n Q \l,~
Michael Balajka, Commissio r
Precinct #2
~~/
~..:- oL
N . Fritsch, Commissioner
Precinct #3
Le-, *-.JA
Kenneth W, Finster, Commissioner
Precinct #4
ATTEST:
(1,rtiirb~le.&
Anita Fricke, Calhoun County Clerk
By:
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285
. '. NG TAX RATES FOR THE FISCAL AND
PA~C;: ORDER SETTING 2006 TAX RATES.. LEVYI TEXAS' ADOPT THE GENERAL
CALENDAR TAX YEAR 2006 FOR ~~~~~fxO~~ AND DEBT RATE FOR FISCAL AND
FUND MAINTENANCE AND OPERA
CALENDAR YEAR 2006:
. , I d ded by Commissioner Fritsch to pass an
A Motion was made by Commlssl~n~r G? va;a~nRa~~~~r the Fiscal and Calendar Tax Year 2006
Order Setting the 2006 Tax Rates, eVYlng F nd Maintenance and Operations Tax Rate and
for Calhoun Co~nty, Texas; AddoPtythe G2e;;6al c~mmissioners Galvan, Balajka, Fritsch, Finster
Debt Rate for Fiscal and Calen ar ear .
and Judge Pfeifer all voted in favor,
Order
AdODtim> 2006 Tax Rate
It is hereby ORDERED by Calhoun County Commissioners' Court that the Tax
Rate for the year 2005 be set and adopted as follows:
Operations
Debt Service
Total Tax Rate
$0.4678
$0.0532
$0.5210
This Tax Rate will raise more taxes for Maintenance and
Operations than last year's Tax Rate
The Tax Rate will Raise Taxes for Maintenance and Operations on
a $100,000 Home by approximately $1.40
This Tax Rate will raise Less Taxes for Debt Service than last
year's Tax Rate
The Tax Rate will Raise Less Taxes for Debt Service on a
. $100,000 Home by approximately $1.40
Adopted this the 2200 day of September, 2005.
~ 'QW./~
'. ~h!el t/li:r
Calhoun County Judge
~;"'~D~
Michael Balajka, COmmissi er
Precinct #2
g-..-;. ~.-L!~
Kenneth W. Finster, Commissioner
Precinct #4
ATTEST:
o.\\M~~,
Anita Fricke, Calhoun County Clerk
By: lllM~'tf-lfilhLiWv
Deputy
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AUTHORIZE COUNTY JUDGE TO APPLY FOR 2006 INDIGENT DEFENSE FORMULA
GRANT AND AUTHORIZE COUNTY JUDGE TO SIGN INTERNET SUBMISSION FORM:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to authorize
Judge Pfeifer to apply for 2006 Indigent Defense Formula Grant and authorrze Judge Pfeifer to
sign internet submission form. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer
all voted in favor.
2006 CALHOUN COUNTY RESOLUTION FOR INDIGENT DEFENSE GRANT PROGRAM
AND AUTHORIZE COUNTY JUDGE TO SIGN: .
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve
2006 Calhoun County Resolution for Indigent Defe~se Grant Program and authorize Judge Pfeifer
to sign. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
2006 Calhoun County Resolution
Indigent Defense Grant Program
WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties
are eligible to receive grants from the Task Force on Indigent Defense to provide
improvements in indigent defense services in the county; and
WHEREAS, this grant program will assist the county in the implementation of the
provisions of the' Fair Defense Act and the improvement of the indigent criminal defense
services in this county; and
WHEREAS, Calhoun County Commissioners Court has agreed that in the event of loss
or misuse of the funds, Calhoun County Commissioners assures that the funds will be
returned in full to the Task Force on Indigent Defense,
NOW THEREFORE, BE IT RESOLVED and ordered that the County Judgeofthis
county is designated as the Authorized Official to apply for, accept, decline, modify, or
cancel the grant application for the Indigent Defense FOIUlula Grant Program and all
other necessary documents to accept said grant; and
BE IT FURTHER RESOLVED that the County Judge is designated as the Program
Director and contact person for this grant and the County Auditor is designated as the
Financial Officer for this grant.
Adopted this o.'d. dayof~,2005,
Jrw.d~9 !i:f
Michael Pti fe
County Judge
Attest:
U1t~1
~
ci.vtb
County Clerk
Internet Submission Form
After submitting the formula grant application on-line, the following Internet submission
confIrmation number was received # ,;Wof. cJ ~ '1 d. 00 .., v '1::J.th . This grant
application submission was in accordance with the Commissioners Court Resolution
above,
'ivtl d. ,e ~ ttr~
Michae Pfe er
County Judge
287
ACCOUNTS ALLOWED - HOSPITAL:
Claims totaling $1,501,724,59 were presented by the County Treasurer, and after reading and
verifying same, a Motion was made by Commissioner Galvan and seconded by Judge Pfeifer that
said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster and Judge
Pfeifer all voted in favor,
ACCOUNTS ALLOWED - INDIGENT HEALTH CARE:
Claims totaling $127,863.53 were presented by the County Treasurer, and after reading and
verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner
Fritsch that said claims be approved for payment. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Pfeifer all voted in favor.
MONTHLY REPORTS:
The County Clerk, Extension Service, Tax Collector, District Clerk, County Treasurer, JP 4 & 5
presented their monthly reports for August 2005 and after reading and verifying same, a Motion
was made by Judge Pfeifer and seconded by Commissioner Galvan to accept said reports as
presented, Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
ANITA FRICKE - COUNTY CLERK
MONTHLY REPORT RECAPITULATION
OFFICE FUND - AUGUST 2005
CML FUNDS
Countv Fees
County Clerk's Fees
Recording
Probate
Civil
Total County Clerk's Fees
Judge's Fees
Probate
Civil
Total Judge's Fees
Probate Fees (Education Fees)
Sheriffs Fees
Jury Fees
Law Library Fees
Beer Licenses
Appellate Fund (TGC)
Court Reporter Fees
Civil Indigent Fees
Record Management Fees (County Clerk)
Record Management Fees (County)
Security Fees (County)
Bond Forfettures
Subtotal County Fees
$13,180,60
160.00
460,00
$13,820,60
20.00
60,00
80,00
20.00
420,00
44,00
560.00
0.00
80.00
240,00
235,00
3,005.00
235,00
839.00
0,00
$19,578,60
state Fees
Judicial Fund
Marriage License Fees
Birth Certificate Fees
Total state Fees
SUBTOTAL
OVerpmt of Filing Fees to be Refunded by Co. Clk,
TOTAL CIVIL FUNDS COLlECTED
640,00
245,00
149.40
$1,034.40
$20,613.00
$20,613.00
CRIMINAL FUNDS
Total Criminal Court Costs & Fines
TOTAL FUNDS RECEIVED (As per ACS Report)
Bank Interest Earned
$6,480,00
TOTAL FUNDS RECEIVED
Less Refunds for OVerpayment of Filing Fees
ADJUSTED FUNDS RECEIVED
Plus R&-Depostt of NSF Checks (Not recorded in ACS)
Less NSF Checks (Not recorded in ACS)
Co. Clerk Check # q 4&
AMOUNT DUE COUNTY TREASURER
$27,093.00
33,94
$27,126,94
0,00
$27,126,94
0.00
0.00
$27,126.941
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DISBURSEMENTS
CK#
947
ANITA FRICKE - COUNTY CLERK
MONTHLY REPORT RECAPITULATION (con't)
OFFICE FUND - AUGUST 2005
Pavable To
Rhonda KOkena, Co Treas
CASH ON HAND. OFFICE FUND
Beginning Book Balance
Funds Received
Disbursements
Plus Redeposit of NSF Checks
Less NSF Checks
Ending Book Balance
$30,728,89
27,151,94
-30,748,55
$27,132,28
DescriDtion
July 2005 report
Amount
$30,748,55
TOTAL DISBURSEMENTS
$30,748.55
BANK RECONCILIATION OFFICE FUND
Ending Bank Balance
Outstanding Deposi\s-
Outstanding Checl<s-
Plus Other Items-
Less Other Items-
Reconciled Bank Balance
$26,550,62
652,00
(70,34)
$27,132,28
...... -.... -.... -.... -.... -.... --... -.... -.... - -. -.... -.... -.... -.... -...-.... - --- ...-...-
CASH ON HAND TRUST FUND
Beginning Book Balance
Funds Received
Disbursements
Ending Book Balance
$318,646,87
4,557.61
(4,557,61)
$318,646,87
~~~
SUBMITTED BY: Anila Fricke, County Clerk
BANK RECONCILIATION TRUST FUND
Ending Bank Balance $318,646.87
Outstanding Deposits- 0.00
Outstanding Checks- 0.00
Reconciled Bank Balance $318,646,87
-S.. Attached
'l\Mlj.~~
APPROVED BY: chUl, Pfeifer, County Judge
Page20f2
289
D-360
TEXAS COOPERATNE EXTENSION
The Texas A&M University System
3~
MONTHLY SCHEDULE OF TRAVEL
Calhoun County Extension Agent - Agriculture / Natural Resources
Name: A. Zan Matthies Jr" M.S.
Title: County Extension Agent - AG/NR
County: Calhoun - 057
Month:
August , 2005
Date
Travel Description
Miles
Meals
Lodging
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Aug4 Retrieved Roaster Orders, Ideal Poultry, Cameron CT 7.50
Aug8 Farm Visits (2), FM 1679 & FM 2433 cr
Aug9 HoofTrinuning, Vi~toria CT
AuglO Ranch Visit (I), Home Visit (I), Six-Mile 12.5
Aug 11 Extension Accountability Training, Jackson County Services Bldg. CT
Aug17 Retrieved Boll Buggy for cotton test harvest. Wharton CT 12.76
Aug 25 Retrieved Broiler Orders, Ideal Poultry, Cameron CT 5,29
Aug 30 Routine Office Travel (Cattlemen's College), Port Lavaca Area 8,7
Aug31 Ranch Visit (10), Seadrift CT & 7.2
Routine Office Travel (Cattlemen's College), Port Lavaca Area
TOTAL 28.4 $25.55 $0.00
*** CT = County Truck
County Truck Usage Summary
Beginning Mileage
6,750
Ending Mileage
9,424
Total Driven
2,674
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Other expenses in field (list):
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I hereby certifY this is a true and correct report of travel (mileage) and other expenses incurred by me
in performance of my official duties for the month shown.
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A. Zan Matthies Jr., M.S.
CEA-AG/NR
Calhoun County
Date:
September 1, 2005
Signed:
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Selected Major Activities Since Last Report
August 2005
* Denotes Night or Weekend Activity
Aug 1
Aug 2 - 3
Aug4
Aug5
Aug8
Aug9
Aug 10
Augl1
Aug12
Aug 15
Aug 16
Aug 17
TEXAS COOPERATNE EXTENSION
EXTENSION ACTNITY REPORT TO CALHOUN COMMISSIONERS COURT
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28.4
miles
Date
RECElVED
SEP 13 2005
Dailv Account
Annual Leave, Mike Pfeifer
Calhoun Counlv Judge
Office Management. Responded to clientele inquiries regarding agncUlture ani! natural resources.
Conununication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion:. etc.
. Calhoun County Fair Roaster Project Pick-Up, Ideal Poultry, Cameron, Texas _ Traveled to Ideal Poultry
and retrieved roaster projects for 4-H members. Chicks were delivered to the Calhoun County Extension
Office where project members selected their projects.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone~ email, and fax.. Managed general office procedures
such as purchase order completion, etc. Completed monthly reports for July 2005.
Fann Visits (2), FM 1679 & FM 2433 - 8 attended, Hand harvested the county variety test plot and collected
a second sample from an appHedresearchprojectonFM2433. ... 4-H Achievement Night, VFW _ 97 attended.
4-H members and leaders were recognized for their achievements from the 2004-05 year.
Hoof Trimming, Victoria Civic Center, Victoria- 5 attended, 7 steers. Coordinated this4-H livestock activity
with CCISD AST and Victoria County Livestock Volunteer. Transported seven county fair steer proj ects to
have hooves trinnned to maintain soundness of projects.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email. and fax. Managed general office procedures
such as purchase order completion, etc. Ranch Visit (J), Home Visit (1), Six-Mile- 1 attended. At the request
of rancher, a sample was taken of an unknown grass for identification through Texas Digital Diagnostics.
Additionally, trees were checked for and consultation was offered concenling landscape management.
Traveled with Marine agent to Magnolia Beach to check Kayak Trail Kiosks to assess work needed to
complete the kiosks.
Extension Accountability Training, Jackson County Services Building, Edna, Texas _ Agents attended training
where they were exposed to the new planning and reporting system.
Worked on Cattlemen' s College, second news release, second mass mailing. Office Management. Responded
to clientele inquiries regarding agriculture and natural resources. Communication with clientele was made
through photie, email, and fax, Managed general office procedures such as purchase order completion, etc.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion, etc.
Office Management. Responded to clientele mqllmes regarding agriculture and natural resources.
Conununication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion, etc, Sick Leave (1 :00 pm - 5:00 pm, Dentist Appointment).
Traveled to Wharton to retrieve cotton boll buggy for measurement of cotton test plot harvests.
291
Date
Aug 18
Aug 19
Aug 22
Aug 23
Aug 24
Aug25
Aug 26
Aug 29
Aug30
Aug31
Dailv Account
Private Applicator Training, Bauer Exhibit Building - 6 attended, Clieutele wishing to train and test for a
private applicator's license participated in a course designed to teach integrated pest management, laws and
regulations, etc. concerning pesticide use.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion, etc.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion, etc. Assisted with recertification training for a nOD-commercial applicator.
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Office Management. Prepared for Class I: Total Resource Management and Strategic Planning for the
Calhoun County Cattlemen's College. Supervisory Training, Centra Symposium, Extension Office - attended
an online supervisory training conducted by District Extension Administrator and TCE Human Resource
Department.
Office Management. Prepared for Class I: Total Resource Management and Strategic Planning for the
Calhoun County Cattlemen's College, Conference with 4-H Coordiuator for planning the livestock judging
contest that will be held at the Calhoun County Fair,
* Calhoun County Fair Broiler Project Pick-Up, Ideal Poultry, Cameron, Texas- Traveled to Ideal Poultry and
retrieved broiler projects for 4-H members. Chicks were delivered to the Calhoun County Extension Office
where project members selected their projects.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email, and fax. Managed general office procedures
such as purchase order completion, etc. Prepared for Class I: Total Resource Management and Strategic
Planning for the Calhoun County Cattlemen's College.
Office Management. Responded to clientele inquiries regarding agriculture and natural resources.
Communication with clientele was made through phone, email; and fax. Managed general office procedures
such as purchase order completion, etc. Prepared for Class 1: Total Resource Management and Strategic
Planning for the Calhoun County Cattlemen's College. Professional Development.
Prepared for Class 1: Total Resource Management and Strategic Planning for the Calhoun County Cattlemen' 5
College. . Calhoun County Cattlemen's College, Class I, Bauer Exhibit Building - 25 attended. Participants
of this program were introduced to the course outline and strategic planning concerning today's ranching
industry,
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Ranch Visit (1), Falcon Point Ranch, Seadrift - 2 attended. Assisted staff of Falcon Point Lodge with
questions regarding native forages near wetlands. Attended district meeting for planning of the District II
Judges and Commissioners Conference.
Community Educational Outreach Summary
80
206
606
3
o
Office Visits
3
FannlRanch Visits
Phone Calls
Home Visits
E-mails & Correspondence
o
4-H Livestock Project Visits
News Releases
200
4-H Newsletters
Ag/NR Newsletters
2,0
Continuing Education Units (CEU)
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Date
August 2005 Upcoming Events/ActivitieslPrograms
Event/ActivitvlPrOi!ram
Sept 6
Sept 8
Sep 13
Sept 15
Calhoun County Cattlemen's College Class 2 - Forage Detennination, Local Ranch - Six-Mile.
Coastal Coordinating Council Presentation, T AMU - Corpus Christi.
Calhoun County Cattlemen's College Class 3 - Rotational Grazing, Local Ranch _ FM 2541.
Junior Livestock Committee Meeting, Agriculture Building,
Sept 20 Calhoun County Cattlemen's College Class 4 - Reproductive Efficiency, Fairgrounds.
Sept 20 - 22 District II Program Planning, TBA.
Sept 22
Sept 27
Calhoun County Fair Board Meeting, Bauer Exhibit Building.
Calhoun County Cattlemen's College Class 5 - Sickness Detennination, Local Veterinary Clinic.
)/Jf1fi.
A. Zan Matthies Jr., M.S.
County Extension Agent
AgriculturelNatural Resources
Calhoun County
293
Monthly Output
August/200S
A. Zan Matthies Jr., M.S.
County Extension Agent - Agriculture/Natural Resources
Calhoun County
Correspondence ("')
'" Mailed information to Beef mailing list regarding Cattlemen's College. 8/4/05 160
'" Mailed information to Ag newsletter list and Beef mailing list regarding Cattlemen's 248
College.8/n/05
'" Mailed a Chemical Weed & Brush Control publication to Paul Michalik.
'" Mailed a memo to IDA on Re-certification with roster sheets attached.8/23/05
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'" Mailed a memo to Cattlemen's College Participants to remind them of first 21
meeting,8/26/05
Faxes (..)
..
Faxed News Release to Dolphin Talk on 8/3/05
1
..
Faxed News Release to Victoria Advocate on 8/3/05.
Faxed News Release to Port Lavaca Wave on 8/3/05.
1
..
1
..
Faxed memo regarding 2, 4-D spraying to Judge pfeifer on 8/10/05.
Re-faxed News Release to Port Lavaca Wave on 8/12/05.
Re-faxed News Release to Victoria Advocate On 8/12/05.
Faxed News Release to Port Lavaca Wave on 8/19/05.
Faxed News Release to Port Lavaca Wave on 8/30/05.
1
..
1
..
1
..
1
..
1
News Releases (0)
o "Registration Now Available For The 2005 Calhoun County Fal! Cattlemen's College"
o "Multi-County Forage Testing Campaign and Hay Education"
o "Five CEU's Offered For Pesticide Applicators"
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Newsletters ("')
'" 4-H Newsletters
200
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294
51
TEXAS COOPERATIVE EXTENSION
EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONER'S COURT
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8/9
8/10
8/11
8/12
8/17
8/18-
8/19
8/22
8/23-
8/25
8/29
e 8/30-
8/31
II
49
363
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Bill Harvey County Extension Agent-Marine
Monthly Report - August, 2005
Selected Ma' or Activities
Date Dail Account
8/1 Office administration
8/2 Office administration and ro am lannin
8/3 To Port 0' Connor for site visit
8/4 Met with TPWD re resentatives re ardin boat ram fimdin
8/5 To Seadrift for meeting with Commissioner Finster and Judge
Pfeiffer. Site visit to Port O'Connor
8/8 Worked on finishing kayak trail project, gathered materials for
completion
Pro am develo ment in Office
To Indianola to inspect paddle trail kiosks and to begin map
installation.
To Victoria for training in AM. Conducted first meeting of
skateboard club in PM,
Met with Port Lavaca Parks personnel concerning skateboard park.
Reviewed ant a lications.
Site visit to Falcon Point for consultation regarding pond
mana ement
Met with Deputy Director of the General Land Office. Traveled to
Co us Christi for meetin s and returned.
Conducted second meetin with skateboard club in Port Lavaca.
Attended National Recreational Fishing meeting in Tampa, Florida.
Met with County Judge, and with representatives of the Trust For
Public Land concernin land ac nisition strate
Attended new employee training in Rosenberg.
Office Visits
Phone Calls
*Out of County Travel
Miles Contacts
0 3
0 4
38.3 3
0 4
49.4 5
0 2
0 5
43.1 3
0 57
0 5
57.8 4
226 5
67
274 96
0 5
0 4
688.6,6 272
Emails & Corres ondence
News Releases
Marine Newsletters
Home Visits
7 Site Visits
BL T Match Hours
Continuin Education Units
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August 2005 Upcoming Events/Activities/Programs
Date Event! Activities/Prol!ram
9/8
9/20-9/22
9/25-9130
Meeting of Coastal Coordinating Council
District II Faculty Conference and Planning
Sea Grant Academy, NicevilIe, Florida
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Name Bill Harvey
Title County Extension Agent-Marine
CalhOWl COWlty
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296
.
'3</
,
TEXAS COOPERATIVE EXTENSION .
EXTENSION ACTIVITY REPORT TO CALHOUN COMMISSIONER'S COURT
.. .. J> -' '-; :/'..: :":':'.,.. ',. '.":::'i.:,'.' ':' .' /' ...._-.:.'../<: .:.--'\',,:}.i;.-.t>-, :<"':'" .',", ' ',",' '_' ie-" ;.';.,;.
-, -.'
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19
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22
23
24
25
26
30
31
Total
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. '0 ._ ""'."_ ._.... ,',. ....
C. Omar Gonza.les, Youth & 4-HCo()rilih~tor
,. :': :'i~,,: ',; ';":1"\:;'(~ :.:: :-/,:,;<~;.;;:'> .,'.. ,;:'';-.-< ,,' <-,::;:;; ':,':';::",/,<
MontliIy'J,Wp:ort -August 2005
Selectecll~:Jlfl!l".I\ctiJ'itieS .'.'4f,S";..,. ,,' ...
)jiif~ 'li)Jlil'.'j(ccl'iunt. '}1"I-\>: ..' ,. '. '; .,/,.'e,;, t. .,(.,;
1 ;Pfei>~tiori':(oiCl\1bou1J; CouiJiY'SwiDliiSh6whilji!sWpclil1ii,i';,";.,;
. Atteiid6'd.SII()wniili~hl cli\#q; 'i;: '.... ." "';C ';;
I'r~I''1'\lp()n f",~sh,~.ep/Goa(~!lo~#9~IJiJ?qjJjif'!\\l~ifd@d,.
ShoWmansbi CIiniq. ' . . '
Prepared arid lilaiIed a letter io()Reqordbookiripl'8rlicipariis with
a enda for tri . Aqhievement Ni t Pre aration.
Office mana ement and Pre aration for Achievement Ni ht.
Pre aration. decoration andaitendedAchievemetitNif
Gathered Proper documentation arid rereasdonns for recordbo()k
trio
Record book Trip to Scbliterbaun. Tota! of 17 4-H members and
cha erones went on tri .
OfficeMana ement.
Pro'eCt ViSits m Olivia.
Took 4 CalhounC9unty 4"H me~rstoY'ad~r C09~~ii~q'exas
A&M UniversiiY-Kingsville wl\ere ~eY attended seminars",n '
various 4-H ro'eets;' ,
Put out a news release for4-H expo. sent'ont invitation letter to last
ear Livestock 'ud 'n Teams to attend orientation meetin .
4- H 10 1 trainin in Rosenber .
Preparation for 4-H Expo, Ma4e flyers to he 1'0st~d in schools and
finalized PowerPoint for Ambassador to taIceto sqhooIs.
Ambassador 4-H presentationmpoit O'Connor. GavePo;werPoint
Presentation to about 75 Students: '., '.
Ambassador 4- H Presentlition in SeiuJrift and HJM. Gave
PowerPoint Presentation to about 200 Students.
Office Mana ernent.
Be an workin on Livestock 'ud' and oral reasons manual.
Verified Broiler Picku on the 25 .
Drove to Cameron Tx to pickup Poultry Exhibit for Calhoun County
Fair. 230 broilers. Sent in Exhibit Entries for The State Fair of
Texas, I Goat, 2 Steers, 3 i s.
Pro'eet Visits. Six Mile area.
Prepared a Livestock judging and oral reason Manual for Livestock
'ud 'n Orientation meetin ,
Collected Soil Samples for Mrs. Vela's 5 grade class to conduct a
water retention and enetration ex riment.
2
3
4
8
9
10
II
12
13
15
16
17
18
"".:- ,"'.'.,
.','- ,...:,- .. ,.:..... .
"Out ofCo~nty TraVel
:;-,'-'-,-_, ' '(;:,,-,~ '.'J cO
.22
25
N5
18 .,
20
27
60
18
35
19
87
225
21
24
18
6
23
39
33
0 1004
297
CODllll1,lj:ti Educ;ational Outreach SJllIIlnary,
195 Office Visits
450 PhooeCi!lls
265 EJriaHs &Corres' ondence
I News Releases
o ,Site Visits,'
200 ,4ftlH~eWs#ers,
8 "4:-. )Pfo' ecfV:isits
TRA:~L:
Septemhef2005JJp'COnyng.Ev~ntslActiVitJeslPrograIriS. .
Date EventJ.ActiVitieslProl!l'am
12 Lakeside Officer Installation
13 4-HPDCommittee Meeting in Victoria
13 AmbaSsador meeting
19 4-H Council Meeting
24 Fair Workday and Progress show
CfJ- 0/
C. Omar Gonzales
Youth & 4-H Coordinator
Calhoun County
298
e
e
e
~mar Gonzales - AUQust 05,wpd .
Page
e
Monthly Output
,A.l,I.gustj2005 .
OnuiJ'Qjj!JZ8,l""
Youth 8<4- H CoorlIfuator
, "C.alJi;,im Countr
Correspondence (,,) '. . >" , '
" Mailed,letter regarding record book Wp to Record Book T,rip PartipiPllllt!'-$/3 , ' 5
" M' . d epnuDilnien ..J" or'With ma' _ t<i.fai > oUlids s.lf-' ~esf,ege '- , d a ',i'
f~l1IeBoOkenCli~erfO~llie~ntei,ll~r.~il5J()5:i;t:: '; ':;;;:'h:~" . ,,::,i..
" Mro1ed 'letter regimling 'Livestock JudgtIlg. Onentanon> M~e1Wg .10-~p~;!te,l\I!l, '. >' 6:'
membe~,8/15/05 . , - : " ':
" Mailed letter reminding Ambassador m~mbers of the <4)'8' they wo)ud. be .iiving 4
. presentations to locaJs(iliools.8/i6/?S" "<', " ,;. _".: <,".' '<<' i'":",,,,:~> \
r8J Mailed postcard reminding children Of Broiler Pick-Up.8/19/0,5 "5
r8J Mailed annual contnbution (District 4-H Adult Leaders Association) to Linda 1
KoeWer_8/25/05
r8J Mailed annual county contribution to District 114-H FundtoSha.ri:UI-Th6mpspn. 1
r8J Mailed in entry forms for State Fair of Texas along with check for entry fees.8/26/05 1
Faxes (:I:')
W Faxed Patty at National 4-H Supply information for a plaque that wa.s',on:lered. on 1
8/1/05_ .'. . ' -,
.., Faxed K;u-en at Showbox a fIyerfor the TC4A Heifer Sbow on 8/19/05. 1
.., Faxed Mr. Wilson a copy of All Aronnd. Six Mile Sand Dollar, arid Town & Corinny 1
Meeting Dates and times on 8/23/05
w Faxed Mr. Wilson two list of Rabbit Breeders on 8/23/05. 1
News Releases (e)
o 4-H Expo (Sent to Port Lavaca Wave)
e
Newsletters (",)
I:n Quarterly Agriculture/Natural,Resource/HorticUlture Newsletter
b Subject Matter Specific Newsletters (Title)
th 4-H Newsletters-2oo
Office Conferences
8/2/05
Dates:
8/20
Facility Management (Dates Rented to General Public)
e
299
...
SUMMARY
TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT
FOR: AUGUST 2005
Title Certificate Fees $ 9,451.00
Title Fees Paid TXDOl $ 5,991.00
Title Fees Paid County Treasurer Salery Fund $ 3,460.00 e
Motor Vehicle Registration Collections $ 112,145.24
Disabled Person Fees $ 275.00
Postage $ 101.00
Paid TXDOT $ 107,404.74
Paid County Treasurer $
Paid County Treasurer Salary Fund $ 5,116.50
Motor Vehicle Sales & Use Tax Collections $ 546,511.03
Paid State Treasurer $ 546,511.03
Special Road/Bridge Fees Collected $ 17,248.00
Paid TXDOT - RIB Fees S 517.44
Paid County Treasurer - RIB Fees $ 16,730,56
Texas Parks & Wildlife Collections $ 2,210,00
Paid Texas Parks & Wildlife $ 1,989,00
Paid County Treasurer Salary Fund $ 221.00
State Beer & Wine Collections $ 1,173.00
Paid Tx Alcoholic Beverage Commission $ 1,143.75
Paid County Treasurer, Salary Fund $ 29.25
County Beer & Wine Collections $ 1,735,00
Paid County Treasurer, County Beer & Wine $ 1,648.25 e
Paid County Treasurer, Salary Fund $ 86.75
Renewal Fees for County Beer & Wine $ 6.00
Paid County Treasurer ~ Renewal F $ 6.00
Additional Postage. Vehicle Registration $
Paid County Treasurer - Additional Postage $
Interest earned on P&W $ 10,75 and $ 10,75
Refund $ Accounts
Paid County Treasurer -Int. on P&W & Ref $ 10,75
Interest earned on Office Account $ 202,05
Paid county Treasurer. Nav. East $ 0.47
Paid County Treasurer - all other districts $ 201.58
Business Personal Property - Misc. Fees $ 214.61
Paid County Treasurer $ 214.61
Special Overpayments $
Paid County Treasurer $
Overpayments $ 0,50
Current Tax Collections $ 30,882.34
Penalty and Interest. Current Roll $ 5,902.75
Discount for early payment of taxes $ 28.79
Delinquent Tax Collections $ 15,866.08 e
Penalty & Interest. Delinquent Roll $ 4,930.50
Collections for Delinquent Tax Attorney $ 8,547,77
Advance - FM & L Taxes $ 38.72
Advance ~ County AdValorem Taxes $ 52,592.45
Paid County Treasurer - Nay, East $ 361.55
Paid County Treasurer - all other Districts $ 4,560.66
Paid County Treasurer - Dellnq Tax Atty. Fee $ 8,547.77
300
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Payment in Lieu of Taxes
Paid County Treasurer - Navig, East
Paid County Treasurer - All other Districts
Boat/Motor Sales & Use Tax Collections
Paid State Treasurer
Paid County Treasurer. Salary Fund
Special Fanners Fees Collected
Paid State Treasurer, Farmers Fees
Hot Check Collection Charges
Paid County Treasurers, Hot Check Charge
Overage on Collectlon/Assessing Fees
Paid County Treasurer, overage refunde
Escheats
Paid County Treasurer~escheats
$
$
9,439.94
$
$
$
$
8,967.94
472,00
$
80.00
$
80.00
$
$
$
$
$
$
TOTAL
$ 766,932.56
TOTAL OF ABOVE RECEIPTS PAID TO COUNTY
~~ C ;(J~
I GLORIA A. OCHOA
Tax Assessor-Collector
$ 766,932.56
$
766,932.56
~IJVkdJ~ ~
MIC EL J PF IFER
County Judge
301
CALHOUN COUNTY, TEXAS
DISTRICT CLEllK
SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT
REMITTANCES ~ ...~u.'';'' 2.00 S)
Remittance to County.Treasurer:
Road and Bridge General Fund:
Fines
Bond Forfeiture
General Fund:
District Clerk's Fees
Sheriff's Fees
Jury Fees
Law Library Fund:
C.J.P.F.:
L.E.O.S.:
C.V.C.A.:
J.P.T.:
C.S.:
B.A.T.:
C.R.F.:
Fugitive Appr. Acct.:
C.C.C.:
Juv. Crime Prev.:
Time Pay Fee:
Civil Indigent Filing Fee:
Abused Children's Fund:
C.M.I.:
A.J.S.F.:
:ru ly, z.oos
F.', "'.
TOTAL REMITTANCE TO COUNTY TREASIlRER:
3 '02. so
/
! o:;2...R 2.:!
,
70 On
.30.00
Interest:
Remittance to Others:
Out-of-County Sheriff's Fees:
State:
C.A.R. Fund:
TOTAL REMITTANCE TO OTHERS:
TOTAL EXPENDITURES:
ENDING BALANCE:
TOTAL:
Reconciliation With Cash in Bank:
Ba1ance in Checld.ng Account:
Outstanding Receipts:
Outstanding Checks:
Outstanding Criminal Receipts:
TOTAL:
Outstanding Checks:
c:.t+ IS!' - Gd:l101.uA.Y_ :\n.Oo
t.t.I.qq._'\_A."M~(_' .On
C'k''' '1..01 \ _ ~"'64-\l!..." _ ~n
t'.k..4 LO&r-TdM'~'II\+6... \on 00
~I::.""'':l!(~ _u.......~~@' _IRt"\ 00
t't:..*2.2..,ij... Lu........ _ lL ('Jf")
TOTAL :
.?.2..R Sf)
rt;;(()) A,
,..'""
//(}\[i .
~17~
1<(
3 '(')2_ So
/
1';oR 2....'-
'2.'1-5 DO
3' 0 7 _~
I" O~
4-0 In
'4-1 ..8
'+(X)
'2...00. q.S-
'5 DO
.3 '11
~~.OO
8.35
IS (')Q
, R'S 8s
/
33s 00
33 s no
'7 2. on 8s
/
21 '2..3 \0
,
I <j. '1-7 z.. 2.5
.
- t" DO
ll+ '+ IA. 2.S
~ <;3" .35
(7Lf..R 4-0
I ~'2...R.sn
4- 0''- no
.
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e
&"f\IC..";' ~l.4r" Fu.~,.
J:r\'~ (.\e,.,,+ p.u.~s
CAc:.a.. ,,~,~L,,~
i..... ~..,.t.IO~",
~
APPRO.' ~&~
PAMELA MARTIN BAR: VE
DISTRICT CLERK
RECEIVED: I11k fk!./
MIKE PFEI
CODNTY JUDGE
e
302
e
District Clerk's Fees:
Certified Copies
Criminal Court
Civil Court
Stenographer
Records Management Fund
Courthouse Security Fund
Civil Indigent Filing Fee
Sherif"f's Fees:
Civil Court
Civil Jury
Jury Fees:
Law Library Fees:
C.J.P.F.
L.E.D.S.:
C.V.C.A.:
J.P.T.:
C.S.:
B.A.T.:
C.R.F.:
Fugitive Appr. Acct.:
C.C.C.:
Juv.. Crime Prev..:
Time Pay Fee:
Abused Children's Fund:
C.H.I.
A.J.S.F.:
F. f,A.
TOTAL FEES:
CALBOllll COUNTY, TEXAS
DISTRICT CLEllK
SIJKKAll.Y OF CASH TRANSACTIONS IN FEE ACCOUNT
RECEIPTS ~~IIo'+) '-DOS)
<. Sll. Dn
IICJs '"
2. t..l~ c.g
.
I's.n,...,
1:'j
~g:::\"
~}
Sill? ''I-
~ 'L IS '1-1
Ss. '7n
Ins nQ
Z. 734-. '1-0
,
I \n On
'2. R'l-I.I- 4-0
" ISo.on
385 Dn
1&' 2.8
g '2.9
'20.,n
~:!.I.I'
z.Dt
\01. s\
J qg
Ss nn
~S'.(')()
10 3S2 08
,
Bond Forfeiture:
Fines:
Criminal Court
C.A.R. Fund:
eState:
Other Collections:
Reimbursab1e Costs
:>. IDI.OO
,
Sss 00
TOTAL CASH RECEIPTS:
INTEREST EARJilKD:
BEGINNING BALANCE:
14- OOR 08
,
~. t '7
, ':;05.85
,
TOTAL RESDURCES:
? ~'2..3 ,10
e
303
.
I;Jb1oo,~
CALHOUN COUNTY, TEXAS
CALHOUN COUNTY TREASURER'S REPORT MONTH OF: AUGUST 2005
BEGINNING ENDING
FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BAlANCE
I' > > '~J",' ,v,v. I' -."'.''''''''''
AIRPORT MAINIENANCE 2D~27.36 57.20 1,660.99 18,923.57
AI'l'ELLATE ruDlClAL SYSTEM 1.257.99 168.51 0.00 1,426.50
ANIMAL CONIROL.CA WS 138.87 0.00 0,00 138.87
CCISDISEADRIFffCO. ROAD PROJECT - 0.00 0.00 0.00
CHAMBER TOURISM CENI1!R 223.16 0.00 0.00 223.16
COURTHOUSE SECURITY 166.841.26 2,050.34 3,00 168,888.60
DONATIONS 128.471.88 840.68 593.10 128,719.46
FAMILY PRaIECTIONFUND 315.00 15.00 0.00 330.00
JUVENILE DEUNQUENCY PREVENTION FUND 7,081.55 19.73 0.00 7,101.28
GRANI'S 73.07Z.44 1,692.49 22.,165.15 52.599.78
HWY 87/FMI09O 808,200.33 2,252.25 0.00 810,452.58
JUSTICE COURT TECHNOLOGY 17,989.94 722.60 205.41 18.507.13
LATERAL ROAD PRECINCT #1 3,679.95 10.26 0.00 3,690.21
LATERAL ROAD PRECINCT 112 3,679.95 10.26 0,00 3,690.21
LATERAL ROAD PRECINCT If3 3,679.95 10.26 0.00 3.,690.2t
LATERAL ROAD PRECINcr #4 3,679.95 10.26 0.00 3,690.21
LAWLlBRARY 73,743.70 1,360.51 0.00 75,104.21
LAW ENF OFFICERS STD. EDUe. (LEOSE: 9,986.62 27.83 889.58 9,124.87
roc COMMUNITY CENI1!R 6,407.58 17.86 1.514,89 4,910.55
RECORDS MANAOEMENf-DlSTRICl' CLERK 195.89 38.05 0,00 233.94
RECORDS MANAGEMENT.COUNTY CLERK I06.zo5.72 4,260.97 0,00 110,466,69
RECORDS MGMT &PRESERV AnON 74,241.43 734.88 0.00 74,976.31
ROAD & BRIDGE GENERAL 416,791.68 24,195.59 0.00 440,98721'
ROAD & BRIDGE PRECINCT #3 11.268,53 31.40 0,00 11299,93
ROAD MAINIENANCE PRECINCl' #4 14.567,70 40.60 0.00 14,608.30
SHERIFF FORFEITED PROPERTY 1,057.01 295 0,00 1,059,96
CAPITAL PROJ-COASfAL lMPROVEM!lNf:; 61,899.64 0,00 275.61 61,624.03
CAPITAL PROJ-COURTHOUSE RENOV ATIOI' 512,644.47 20,996.61 31,745.91 501.895.17
CAPITAL PROI-NEW EMS BLDG 19,196.25 0,00 0,00 19,19625
CAPITAL PROJ-NEW JAIL BLDG 0,00 384,770.61 384,770.61 0.00
eAPITAL PROJ-PARKING LOT 80,543.81 0,00 0.00 80,543,81
CAPPROJ-PCl' 1 RD RECONST-sTORM 403,906,18 0,00 0,00 403,906,18
CAP PROJ-PCI' 1 RD RECON. TCDP DR#721037 20,581.17 0,00 0.00 20,581.17
CAPPROJ.PCf 2. srORMREPAlRS 17,796,13 0.00 0.00 17.796.13
CAPITAL PROJ-RB !NFRASTRUCI1JRE 32,732.48 0.00 0.00 32,732.48
eAPIT AL PROJ-SW AN POINT PARK 74,720,40 0,00 0.00 74,720.40
CAPITAL PROI-AlRPORT lMPROVEMENr n 4,662.79 58.168.53 0.00 62,831.32
CAPITAL PROJ-MOLD REMEDIATION 858,83 0.00 0,00 858,83
CAP PROJ-HATERIUS PRK BOAT RAMP-SIRM REI 33,148,15 0.00 0,00 33.148-15
CAPPROJ-PORT ALTO PUBL BEACH-sTORM REf 30,384.78 0.00 0.00 30,384.78
ARREST fEES 0,00 23200 1.00 231.00
HAlL HOND MiES (liB 1940) 795.00 1,140.00 U,UO 1,935,00
CONSOLIDATED COURT COSTS (NEW) 945.37 8,815.67 40.00 9,721.04-
CORRECTIONAL MANAGEMENT INSTITUTE 0,00 0.00 0.00 0,00
CRIME STOPPERS FUND 0,00 0.00 0.00 0,00
CRIME VICTIMS COMPENSATION 0.00 0.00 0,00 0.00
ELECTIONS CONIRACT SERVICE 4,469.09 0.00 0.00 4,469.09
FINES AND COURT COSTS HOLDING FUND 9,537.56 0,00 0.00 9,537.56
FUGITIVE APPREHENSION 0.00 0,00 0,00 0.00
INDIGENT CIVll. LEGAL SERVICE 0.00 193.00 0.00 193.00
nJDIClAL FUND (ST. COURT COSTS) 0.00 120.04 0,00 120.04
JUDICAL PERSONNEL TRAINING 0.00 0,00 0.00 0.00
JUSTICE OF THE PEACE CLEARING 32,120.76 15,320.63 873.44 46,567.95
SUBTOTALS 1$ I' ',"0 , u,oO),ooO.",
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COUNTY TREASURER'S REPORT MONTH OF: AUGUST ZOOS
FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE
OPERATING R.JND - BALANCE PORW ARI: $ 13.271,262.71 $ 1.271,912,26 $ 1,977.508,70 $ 12.565,666.27
J1JVEN1LE CRIME & DELINQUENCY - 0.00 0,00 0,00
JUVENILE PROBATIONRESTlTIJTION 476.10 185.04 40,00 621.14
UBRARY GIFT AND }...1EMORIAL 48,181.56 35212 0,00 48,533.68
MISCELLANEOUS Cl..EARINo 324.g8 6.216.22 1,179.57 5,361.53
REFUNDABLE DEPOSITS 2,225,00 0.00 0,00 2,225,00
S"lAU:; UV!Ll'1!.tt'UNU tllU.UU J,lS'lJ..llU U,U\) "44jUSU
SUBTITI..E C FUND 0,00 3,774.52 0,00 3.774.52
TIME PAYMENTS 177.78 933.23 0.00 1,111.01
1RAFFIC LAW FAILURE TO APPEAR 0,00 456.03 0.00 456.03
UNCLAlMhV t'KUl'!:.KI-Y j,4oZ.:a U,U\) U,U\) j.40:l.U
Boar CAMP/JJAEP 82.938.58 27.503.13 7,278.51 103.163.20
llNENll.E PROBATION 255,600.51 25.934,26 25,540.14 255,994.63
SUBT0f ALS $ 13,665,259.34 > 1,339.088,01 , 2.011';><<>,92 , 12.992,801.03
TAXES IN ESCROW - 0,00 0.00
TOTAL OPERATING FUNDS $ 13,665,259.34 $ 1,339,088.61 $ 2,011,546.92 $ l2,992,801.O3
COMB. HOSP. REV. & TAX CERTIF. OFOBUo. 356,62638 1.455.55 0.00 358,081.93
CONSTRUCTION (JAIL) 4,071,314.94 761,D44.12 1.384,770.61 3,447,588.45
CONSTRUcnON (JAIL) SERIEs 2003 - I & S 990,670.70 3.868.76 758,731.88 235,807.58
COURTHOUSE RENOV AnON FUND SERIEs 2004 5,012,289.18 10,279.44 19.568.00 5,003,000.62
CERT. OFOB-CRTHSE REN. I&SFUND SERIEs 2004 141,817.96 593.25 122,585.01 19,826.20
CALHOUN CO. DISAS'IER GRANT FUND 1.00 0.00 0.00 1.00
JURY 1MPREST-DISIRlCT =T 1,182.09 2.73 324.00 860.82
JURY IM1'REST-COUNl'Y =T 1,985,48 3.58 234,00 1.755.06
TOTALOPER & OTHER CO. FUNDs $ 24,241,147.07 $ 2,116,336.04 $ 4,297,760.42 $ 22,059,722.69
MEMORlALMEDICAL CENTER,
OPERATING 2.259,175,92 $ 1.806,161.47 $ 1,801,195,11 $ 2.264.142.28
MEMORIAL 17,621.63 22.45 0.00 17,644.08
RESTRICIED DONATION 13.976,09 17.81 0,00 13,993.90
mDIGENrHEALTIiCARE 1,838.23 109,962.99 109,948.44 1,852.78
TOTALs $ 2,292,611.87 $ 1,916,164.72 $ 1,911,143.55 $ 2;297,633.04
DRAINAGE DISTRICTS
NO.6 13,495.85 $ 23.43 $ - $ 13,519.28
NO.8 57,107.98 73,65 5,713.18 51,468.45
NO. 100MAINfE..NANCE 36,897.16 60,71 4,975,47 31.982.40
NO. to-DEBT SERVICE 2.579,62 13.00 0,00 2.592.62
NO. II-MAINTENANCE/OPERATING 142,912.29 993.86 10,134.95 133,771.20
NO. 11.DEBT SERVICE 69,340.32 227.31 0,00 69,567.63
NO, ll-RESERVE 50.501,84 64,34 0.00 50,566.18
T0fALS $ 372.835,06 $ 1,45630 $ 20.823.60 $ 353,467.76
CALHOUN COUNTY NAVIGATION DIST.
MAINTENANCE AND OPERATING 134.485.77 $ 2,859.68 $ 8,703.80 $ 128,641.65
TOTALMMC. DRAINAGE DIST. & NA v. DIST. $ 2,799,93270 $ 1.920,480.70 $ 1,940,670.95 $ 2,779,742.45
TOTAL All.. FUNDS $ 24,839,465.14
Page 2 of 3
305
COUNTY TREASURER'S REPORT I MONTH OF: AUGUST 2005
BANK RECONGUATIuN
LESS: CERT.OF DEP/
FUND OUTStNDG DEPI PLUS: CHECKS BANK
FUND BALANCE OTHER ITEMS OUTSTANDING BAlANCE
OPERATING '" $ 12,992,801.03 $ 11,455,957.33 $ 348.973.62 $ 1,885,817.32
nJRY lMPREST.DISTIUCf COURT 860.82 0,00 1,158.00 2.018.82
JURY IMPREST-COUNfY COURT 1,755.06 0,00 938.00 2,.693.06
CALHOUN CO. DISASTER. GRANr FUND 1.00 0,00 0,00 1.00
COMB. Hasp. REV. &TAXCERTIF. OFOBUG 358,081.93 301.65 0,00 357.780.28
CONS1'RUcnON (JAn.) .. 3,447.588.45 3,000.002.50 0.00 447,.585.95
CONSTRUCITON (JAI1.) SERIES 2003 _ I & S 235,807.58 914.95 0.00 234,892.63
COURTHOUSE REl'lOV. F1JND sERIEs 2004 ..c 5,003,000.62 4.750,002.50 0,00 252,998.12
CERT. OF OB-CRTIISE REN. I&S FUND SERIES 2004 19,826.20 113.68 19,71252
MEMORIAL MEDICAL CENTER.:
OPERATING 2.264,142.28 0.00 140,089.91 2.401,232.19
MEMORIAL 17,644.08 0,00 0,00 17,644.08
RES'lRICI1ID DONATION 13.993,90 0,00 0,00 13,993.90
INDIGENT HEALTHCARE 1.852.78 0,00 1.725.31 3.578.09
DRAINAGE DISTRICf:
NO.6 13.519.28 0.00 0.00 13.519.28
NO.8 51,468.45 0,00 5,713.18 57,181.63
NO.I0MAINrENANCE 31.98240 0,00 4,975.47 36,957.87
NO. 10 DEBT SERVICE 2,592.62 0,00 0.00 2,592.62
NO. 11 MAINrENANCl!IOPERATING 133.771.20 288.37 0.00 131,482.83
NO. 11 DEBT SERVICE 69,567,63 48.14 0,00 69,519.49
NO. 11 REsERVE 50,566.18 0,00 0.00 50,566.18
CALHOUN CO. NAVIGATION DIST:
MAINTENANCEIOPERATING ...~ 128.641.65 0.00 0.00 128.641.65
TOTALS 1$ 24,839,465.14 19,207,629.12 $ 503,573.49 $ 6,135,46951
e
. CDs - OPERATING FUND $11.416.633.36
.. CD - CONS1RUCTION QAIL) $3,000,000
... CD - COURTHOUSE RENOVATION $4,750,000,00
.... THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRlCT IS FIRST VICTORIA NATIONAL BANK _ PORT LA V ACA.
THE DEPOSITORY FOR AlL OTIIERCOUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE _ PORT LA V ACA.
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COUNTY TREASURER
Page 3 of 3
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.o~r--l't-cl::::Jl:::1;:> I::::Jt:I: ~,9 t-I-:::UIYJ: J UWUI-<::HL'::::::YK I-'C4
ENTER COURT NAME:
ENTER MONTH OF REPORT
ENTER YEAR. OF REPORT
CODE
AOMINISTRATIONFEE - AOM
Sfl.IOATHALCOHOL TESTING. SA
CONSOllOATEO COVRT COSTS. CCC
COURTHOUSE $~CJ,lRIT)' - CHS
CJP
CORRECTIONt\'-MANAGEMENT INSTITUTE _ CMI
. CASH BONDS .
CH1LD SAfETY - CS
CRIME VICTIMS COMPENSATION" CVC
DPSC/FAiLURE TOt\PPEAA.- OMNI - DPSC
FUGITIVE APPREHENSION - FA
CR'
GENERAL REVENUE - GR '
JUVENILE CRIME & DELlNOUENCY _ JCD
JVSTICE COURT PERSONNEL TAAINING - JCPT
LOCAL ARREST FEES ~ LAF
LEMI
LEOA
U,OC
OCL'
PARKS '& WIl.I;)!-IFE ARR.EST FEE;$ ~ PWAF
STATE ARREST FEES.SAF
SU6TITLEC -.SUBC
TAf
TECHNOLOGY FUNO - TF
TRAFFIC. TFC
TIME PAYMENT- TIME
LOCAL & stATE WARRANT FEES .WRNT
CIViLINOIGENT FILING FEES - 'NDF
COLLECTION SERVICE FEE.MV8A_ CSRV
CIVIL FlUNG FEE.S. CVFF .
DEFENSIVE ORIVING COURSE - DOC
DEFERRED FE"- - OFF .
FILINq FEE. FF
FII.ING FE.E SMAL.L CLAIM.S- FFSC
SERVICE FEE. SF
OUT.OF-COUNTY SERVICE FEE
EXf'IRED'RENEWAL - EXRF
AS$TRACT OF JUDGEMENT - AOJ
WRIT OF ROSSESSION _ WO?
LOCAl. FINES - FINE
I.ICENSE & WEIGHT FEES _ LWF
PARKS & WILDJ,.fFE FINE$:- PWF,
SEATSELT/UNRESTRAINEO CHII.D FmE. SEAT
OVERPAYMENO-OVER
RI;'STITUTlON_ REST
PARKS &WILDUFE.WATER SAFETYfINES-WSF
WCR
TOTAL ACTUt\L fIlONEY RECEIVED
TYPE:
TOTAL WARRANT FoES
I;'NTER lOCAL WARRANT FEI;'SI.
STAT~ WARRANT FEES.
DUE TO OTHERS:
OUE TO CCISO - SOo/9 of Fjrie" on JV cases
DUE TO DA RESTITUTION FUNO
REFUND OF OVERf'AYMI;'NTS
OUT.OF-COUNTY SERVICE FEE
CASH.SONOS
TOTAL OUE TO OTHERS
1 .:Sbl 1852179
TD:5534444
XXXXXXXxX
)()()(J(XXJO(x
)()()(J(XXJO(x
JUSTICE OF PEACE; NO.4 .
AUGUST .
2005
AMOUNT
Revl$~d 8/0810,
.5914.64
$78,27
$10.00
$1.50
$noo
$120,00
$1S.00
$10,00
. $5.00
~150
$8.00
$30,45
$1.00
'$2.00
$<,00
$3.9.00
$30B.00
$392,73
$104,36
$51.28
$202~27
$300.00
$10.00
$10,00
$300,00
$65,00
$345.00
$30.00
$t,!8,~,OO
$259.00
$il.Oo
$154.00
$5,287.00
AMOUNT
300,00
0.(10 IRECORD ON TOTAl. PAGE OF HIll COUtmly SOFTWARE MO, RePORT
300.00 RECQflD ON TOTAl PAGS OFHILL COVtnnVSOFTWAREMO. RiPOAT
AMOUNT
-, 0.00 PLEASE INCLUDE P. O. .IlECUfSTING OlSBURSEMENT
0.00 PlfASE INCl.UOE P. 0, REaUESlINGOISBURSEMfNT
0.00 PlEASE IHQUoe P. O. REOUESTlNGOISBURSEMENT
-30,00 Pl.EASEINClUOE P.0.I\fOUE6T1NG01SBll.llSEMOO
0.00 PlEASE INCLUDE P. 0, REOUesTlN'G DIS8URSBAEHT (IF REQUIRED)
30,00
TREASUR:ERS- RECEIPTS FOR MONTH:
CASH, CHECKS., M.O,~ & CREDIT CAROS
(Calculate ,trom- actual TrslIs. Rec'pt$:)
TOTAl TREA ,RE EIPTS
,
p,4/15
~t
0-00 G+
577-00 +
968-00 +
188-00 +
867. 00 +
105-00 +
1'360-00 +
1<192-00 +
5,257-00 G+
307
::b~t""'-l't-c~l(J:;> \,11:::1::::'! ~~UIY1: J UWU~I4LLYK !-'L4
1 ...:Sbl n:l:::. '=1 (~
TO' 5534444
P.5/15
MONTHL Y REPORT OF COLLECTIONS AND DISTRIBUTIONS
9/13/2005 COURT NAME: JUSTICE OF PEACE NO.4
MONTH OF REPORT: AUGUST
YEAR OF REPORT: ZOOS
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
CR 1000.{)01-45014 FINES 1.420.95
CR 1000-001-44190 SHERIFF'S FEES 540,85 e
ADMlNISTRATJVE FEES:
DEFENSIVE DRIVING 10,00
CHILD SAFETY 0,00
TRAFFIC 51.28
ADMINISTRATIVE FEES 300,00
MISCELLANEOUS 0,00
CR 1000-001-44J54 TOTAL ADMJNJSTRA TIVE FEES 361,28
CR 1000-001-44010 CONSTABLE FEES-SERVICE 345,00
CR 1000-001-44064 JP FILING FEES 65,00
CR 1000-001-46010 INTEREST 0,00
CR 1000-999-20744 DUE TO STATE-SEATBELT FINES 0,00
CR 1000-999-20746 DUE TO STATE-OVERWEIGHT FINES 0,00
CR 1000-999-20770 DUE TO JP COLLECTIONS ATTORNEY 0,00
TOTAL FINES. ADMIN, FEES & DUE TO $2,733,06
CR 2670-001-44064 COURTHOUSE SECURITY FUND $78.27
CR 2719.{)01-44064 JUSTICE COURT TECHNOLOGY FUND $104,36
CR 7544-999-20747 DUE TO PARKS & WILDLIFE 220,15
CR 7544-999-20748 DUE TO P & W - WATER SAFETY 130.90
TOTAL DUE TO TX PARKS & WILDLIFE $351,05
5T A TE ARREST FEES
DPS FEES 121.60
P&W FEES 6.00
TABC FEES 0,00
CR 7020-999-20740 TOTAL STATE ARREST FEES 127.60
CR 7070-999-20610 CCC-GENERAL ,UND 110,76
CR 7070-999-20740 CCC-ST ATE 996,88
CR 7860-999-20610 ST~SUBC-GENERALFUND 19,84 e
CR 7860-999-20740 STF/SUBC-STATE 373,09
CR 7950-999-20610 TP-GENERAL FUND 101,14
CR 7950-999-20740 TP-STATE 101,13
CR 7480-999-20610'{)1S CIVIL INDIGENT LEGAL-GEN, FUND 0,50
CR 7480-999-20740'{)15 CIVIL INDIGENT LEGAL-STATE 9,50
CR 7970-999-20610 TUFTA-GENERAL FUND 40.00
CR 7970-999-20140 TUFT A-ST A TE 80,00
TOTAL COURT COSTS & ARREST FEES $1,960,24
DR 7544-999-20759 JP4 CLEARING ACCT $5,227,00
DUE TO OTHERS (Purchase Orders Attchd)
CALHOUN COUNTY ISD 0.00
DA - RESTITUTION 0,00
REFUND OF OVERPAYMENTS 0,00
OUT-OF-COUNTY SRVC FEE 30,00
CASH BONDS 0.00
TOTAL OUE TO OTHERS $30,00
TOTAL COLLECTED-ALL FUNDS $5,257,00
LESS: TOTAL TREASUER'S RECEIPTS $5,257,00
Revised Bl08/05 OVER/(SHORT) $0,00
e
:108
SEP-14-20Q5 08:5" FROM: J DWORACZYK PC4
1 361 785 2179
TO: 5534444
P.6/15
09/13/2005
Money Distribution Report
JP PCT 4 AUGUST 2005
Page
.. -- - - - -. -".. -.. ~ - -'. - - -. - - - -.. -. - - - -- - - - - - -. - - -- - -- - - -. - - - - - - - - -- - - - - -- -. - - - - - - -... - - - -.- -.. - - - - - - -. - - -.-...." -. - - - - -.. -. - -". - - - - --
Receipt Cause/Defendant I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount I Code Amount I Total
I I I I I I I
3925346 18934 08/0'/2005 I JCPT Z.OO I cve 15.00 I TFC 3.00 I cec 17.00 I FA 5.00 I JCO 0.50 I 170.00
HIKOLAS, LESLIE JEROME I CHS 3.00 I CHI 0.50 I SAF 5.00 I ~RNT 50.00 I TIME 25.00 I TF 4.00 I
Personal Check. I FINE 40.00 I I I I I I
3925348 17697 06/01/2005 I JCPT 1.00 I LEOS 2,00 I LEMI 0.50 I CVC 15.00 I CJP 5.00 I CR 5.00 I 200. 00
SAUH, RISHI I OR 2.50 I TFe 3.00 , LAF 5.00 I LEOA 1.00 / FINE 160.00 I I
e Money Order I I I I I I I
3925349 2005.258 08/01/2005 I tec 40,00 I CHS 3.00 I P~Ar 5.00 ITF 4.00 I P~F 18.00 I I 70.00
NCUYEN, VAN V. I I I I I I I
Cash I I I I I I I
39ZS350 Z005'Z3Z DB/01/2005 I TFc 3.00 I teC 40.00 I. CHS 3,00 I LAF 5,00 I TF 4,00 I SUBC 30.00 I 110.00
MAHAN, EDWARD JAMES I FINE 25.00 I I I I I I
Personal Ched: I I I I I I I
3925351 Z005-036A 08/01/2005 I JCPT 2.00 I cvc 15.00 I CCC 17.00 I FA 5.00 I JCO 0.50 I CHS 3.00 I 422.00
RODRIGUEZ, LUis RENE II I CMI 0.50 / T' 4.00 I OPSC 30.00 / OPSF 345.00 I I f
Ja; l Credit I I I I I I I
3925352 Z005'036 08/01/Z00S I WRNT 50.00 I OPSC 30.00 I FINE l5S.00 I I I I 235,00
ROORIGUEZ, LUIS RENE II I I I I I I I
Jall Credit I I I I I , I
3925353 2005-220 08/03/2005 I TFe Z.7Z I tee 36.36 I CHS 2.73 I SAF 4.55 I TIME 22.73 I T, 3.64 I 100.00
CORMIER, VAN BRETT I SUBC 27.Z7 I I I I I I
Personal Check I I I I I I I
3925354 2005~1aO 08/03/Z005 I IFe 0.28 I CCC 3.64 I CHS 0.27 I LAF 0.45 I TIME 2.27 I TF 0.36 I 60.00
TORRES, MERCED G I SU8C 2.73 I "NE 50.00 I I f I I
Casn I I I I I I I
1925355 2005-255 08/04/Z005 I TFc 3.00 I tec 40.00 I CHS 3.00 I LAF 5.00 I TF 4.00 I SUBC 30.00 I 300,00
GI8S0N, STEVEN I OFF 215.00 I I I I I I
Honey Order I I I I I I I
1925356 ZOOS.233 08/04/2005 I IFC 3.00 I CCC 40.00 I eHS 3.00 I SAr 5.00 IIF 4.00 I SUBC 30.00 I 155.00
HANEY, EMILY KATE I FINE 70.00 I I I I I I
Honey Order I I I I I I I
1925357 2005 - 217 08/04/Z005 I TFC 2,64 I tec 35.30 I CHS 2.65 I SA' 4,41 I TF 3,53 I SU8C 26.47 / 75.00
MENDEZ, OCTAVIO JOSE I I I I I I I
Money Ordel" I I I I I I I
1925358 Z005-217 08/04/2005 I IFC 0.36 I Cte 4.70 I CHS 0.35 I SAF 0,59 ITF 0.47 I SUBC 3.53 I 120.00
~ MENOE2, OCTAVIa JOSE I FINE 110.00 I I I I I I
Money Order I I J I I I I
25359 2005-260 08/08/2005 r TFC 3.00 I cec 40.00 I CHS 3.00 I SAF 5.00 ITF 4.00 I SUQc 30.00 I 95.00
NAGEL, UAOE ALLAN I ooc 10.00 I I I I I I
Money Order I I I I I I I
'925360 JC-2005-001 OB/08/Z005 I SVC 60.00 I FED 15.00 I CIF 2.00 I I I I 77.00
WELCH, DOUGLAS BRIAN I I I I I I I
Persona l Check I I I I I I I
i92S361 tV.OS-002 OB/OB/2005 I sve 45.00 I I I I I I 45.00
SEAPORT, BANK I I I I I I I
Cashierls Cneck I I I I I I I
;925362 ZOOS. Z59 08/08/2005 I teC 40,00 I CHS 3.00 LpWAF 5.00 J IF 4.00 I ~SF 103.00 I I 155,00
HAUSMAN, CRAIG R~NDALl I I I I I I I
Money Ordel" I I I I I I I
925363 2005'213 08/08/Z005 I TfC 3.00 I tec 40.00 I CHS 3,00 I SAF 5.00 J TF 4.00 I SU8C 30.00 I 215.00
BROWN, KJRK KlMBALL I FINE 130.00 f I I I I I
Money Order I I I r I I I
925364 JC-2005'002 08/08/2005 I SVC 60.00 I FED 15.00 I CIF Z,OO I I I I 77.00
MORRIS, BILL I I r I I I I
Cash / I I I I I I
e
309
.tI1:.i-.l"'t-C:l::ll::l;::> \Otj;:>.r rKUI'I: J UWUKHLLYI<. t-'CG
1 ..:Sb1 (I:l~ 21 (9
ro'5534444
P.7/15
09/13/2005 Money Distribution Report Page 2
JP PCT 4 AUGUST 2005
. - -. . -. - -- -... -- - -- - - - - - - -. - - - - -. - - -. ~. - -. -- -. - - - - ~. - -- - - - ~ -. - - -.. -. - - -- - - - - - - - -. -.. -. - -- - - - -. - - - -. - --. -- - - - - - - - - - - - - - - -.. ~ - - -.. - - --
Receipt Cause/Defendant I Code Amount J Code Amount I Code Amount I Code Amount I Code Amount I Cod. _unt I lotal
I I I I I I I
3925365 2004-0198 08/06/2005 I CCC 40.00 I CHS 3.00 I SAF 5.00 I TIME 25.00 ITF 4.00 I OPSC 30.00 I 119.00
CADY, LACEY LYNETTE I FINE 12,00 I I I I I I
Cash I I I I I I I
3925366 CV.05-002 08/08/2005 I SSEE 60.00 I INDS 2.00 I FEE 15.00 I I I I 77.00 e
SEAPORT, BANK I I I I I I I
Cashier's Cheek I I I I I I I
3925367 CV-05-005 08/08/2005 I SVC 60.00 I FF 10.00 1m 2,00 I I I I 72_00
SEADR I FTER INN I I I I I I I
Personal Check I I I I I I I
3925368 2005-016 08/09/2005 I TFC 3.00 I CCC 40,00 I CHS 3.00 I SAF 5.00 I ~RNT 50.00 I TIME Z5.00 I 260.00
FRANKS, JACOB LEE ITF 4.00 I SUBC 30.00 I OPSC 60.00 I FINE 40.00 I I I
Money Order I I I I I I I
3925369 2005.267 08/15/2005 I TFC 3.00 I CCC 40,00 I CHS 3.00 I LAF 5.00 I TF 4.00 I SUBC 30,00 I 280.00
OK, YOUNG KOOK I FINE 110.00 I OFF 85,00 I I I I I
Money Order I I I I I I I
3925370 2005-106 08/1512005 I Cee 40.00 I CMS 3,00 I SOF 5.00 I WRNT 50,00 i TIME 25.00 I TF 4.00 I lBO.OO
DONAHUE, CHARLES UAlTER I FINE 53.00 I I I I I I
Cash I I I I I I I
3925371 2005.257 08/16/2005 I CCC 40.00 I eHS 3.00 I PUAF 5.00 iTF 4.00 I WSF 25.00 I I 77.00
ROORlGUEZ, FRANK I I I I I I I
Personat Check. I I I I I I I
39Z5372 2005-263 08/16/2005 I cec 40,00 I CHS 3.00 I SAF 5_00 I TF 4.00 I FINE 53.00 I I 105.00
lONGORIA, DAVID 111 I I I I I I I
Cred-Card/Trnsfr I I I I I I I
3925373 19164 08/17/2005 I JePT 2.00 I eve 15.00 I TFC 3.00 I cec 17,00 I FA 5,00 I Jeo 0.50 I 175.00
GARNER. TAMARA ANNETTE I CHS 3.00 I CMI 0,50 I SAF 5.00 I ~RNT 50,00 I TF 4,00 I FINE 70.00 I
Cash I I I I I I I
3925374 2005-261 08/2212005 I 1Fe 3.00 Ieee 40.00 I CHS 3,00 I SAf 5.00 I TF 4.00 I SUBe 30.00 I 155.00
HARTL. RUSSELL JAMES I FINE 70,00 I I I I I I
Cash I I I I I I I
3925375 2005-094 '08/23/2005 Ieee 40.00 I CHS 3.00 I PWAF 5.00 I WRNT 50.00 ~ TlME 25.00 ITF 4.00 I 153.00
BOCANEGRA, JOSE M , ~SF 26.00 I I I I I
ti3sh I I I I I I I e
3925376 2005-093 08/23/2005 I cec 40.00 I CMS 3_00 I PWAF 5.00 I WRNT 50.00 I TIME 25.00 ITF 4.00 I 215.00
BOCANEGRA, JOSE M I PWF 88.00 I I I I I I
Cash I I I I I I
3925377 2005 - 225 08/23/2005 I ccc 40,00 I CHS 3.00 I LAF 5.00 I TF 4.00 I FINE 148.00 I I 200.00
HANKINS, JASON lAD I I I I I I I
COITIII Service I I I I I I I
3925378 17828 08/23/Z005 I JCPT 1.00 I LEOS Z.OO I LEMI 0.50 I eve 15.00 I eJP 5.00 I CR 5.00 I 85.00
GARNER, TAMARA ANNETTE I OR 2.50 I TFC 3.00 I LAF 5.00 I LEOA 1.00 I FINE 45.00 I I
Cash I I I I I I I
3925379 2004-0341A 08/24/2005 I JePT 2.00 I evc 15_00 I cec 17.00 I FA 5.00 I JCO 0.50 I CHS 3.00 I 310.00
CHAPA, JEREMY I eMI 0.50 ITF 4.00 I OPSC 30.00 I OPSF 233.00 I I I
Cash I I I I I I I
3925380 2005-206 08/24/2005 1m 3.00 I cee 40.00 I CHS 3_00 I SAF 5.00 I TIME 25.00 I TF 4.00 I 188.00
PERSONS, ROBERT SHUfORD I SUBC 30.00 I FINE 78.00 I I I I I
Cred-Card/Trnsfr I I I I I I I
1925381 2005-274 08/25/2005 Ieee 40.00 I eHS 3.00 I P~AF 5,00 I TF 4.00 I P~F 153.00 I I Z05.00
MUNOZ, HOMERO PADilLA I I I I I I I
Cash I I I I I I I
1925382 CV-05-006 08/29/2005 I sve 60.00 I FF 10.00 Iw 2.00 I I I I 72.00
GARZA, BALDEMAR JR I I I I I I I
Cash I I I I I I I
e
310
:OC.,-l<-t-CI:::lI::::P I:::ltl:::>~ r~UIYI: J UWU~HL'::::YK I-'L4
09/13/2005
1 .:Sbl (Clo, ~l("
Money Distribution Report
JP peT 4 AUGUST 2005
TO: 5534444
P.8/15
Page 3
Recei pt Cause/Defendant
- - -- -. --.... -. - - - - -. --.. ~. -. ~ - - ~ ~ -. ~. - -. - -". - -.. - ~~.. - - -.. - --. -- - --- - - - - -- - -. -- -. -. ~. - ~. -. - - - - - -.. --'.. -. -.. ~ - - - - --. - -~ - - - - - -. -- ---
Total
3925383 2005-220 OB/29/2005
CORMIER, VAN BRETT
Money Order
39253B4 2005-266 08/30/2005
HICKMAN, JOHN CHARLES
e Cred-Card/Trnsfr
3925365 Z005-27l 06/30/2005
SITKA, RANDOLPH LEE
Money Order
3925386 2005-246 08/31/2005
ALSTON, KYLE R
Cred-Card/Trnsfr
e
e
. I COde Amount I Code Amount I Code Amount J Code Amount
I I I I
I T,e 0.28 Ieee 3.64 I eHS 0.27 I SA' 0,45
I SUBe 2.73 1'lNE 40.00 I I
I I I I
I T'e 3.00 Ieee 40.00 I eHS 3_00 I LA'
I FINE 130.00 I I I
I I I I
I TFe 3.00 Ieee 40,00 I eHS 3.00 I SA'
I 'INE 50_00 I I I
I I I I
Ieee 40,00 I eNS 3.00 I SA' 5.00 I T'
I I I I
I I I I
I Code Amount [ Code Amount
I I
I TlME 2.27 I TF
I I
I I
5.00 I TF 4.00 I SUBe 30.00
I I
I I
5.00 I TF 4.00 I SU8e 30.00
I I
I I
4,00 I FINE 53.00 I
I I
I I
311
0,36
50.00
215,00
135.00
105.00
.!)c.r-l."'t-C;lOlO;:O _lOt.f;Ot;::l rKUI'I: J UWUI'<HLLYI\. t-'C'f
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P.9/15
09/13/2005
Money DIstribution Report
JP PCT 4 AUGUST 2005
Page
4
-.-.-.-....-..--.....-..-...---..--.-.-......-...-....-.-.-...-.--...--.-.-..-.---...--..-.-.---..--...--..--.....-.-...-.
The following totals represent . Cash and Checks Cot leeted
Type Code Oeser ipti on COUnt Retained OJ sbursed MoneY.Total s
The foLlowing totals represenr . Cash and Checks Co! leeted e
COST CCC CONSOLIDATED COURT COSTS 25 81.47 733.17 814.64 '174. (,J/.
COST CNS CNS 25 66.27 0.00 66.27 7". ..2.1
COsT CJP CJP 2 1.00 9,00 10.00
COST eMI CMI 3 0.15 1.35 1.50
COST CR CR 2 1.00 9.00 10.00
COST eVC eve 5 7.50 67.50 75,00
COST opsc DPS fAILURE TO APPEAR COURT COST.OMNlf 3 120.00 0,00 120.00
COST FA FA 3 1.50 13.50 15.00
COST GR GENERAL REVENUE Z 0.50 4.50 5.00
COST JCD JCO 3 0.15 1.35 1.50
COST JCPT JCPT 5 0,80 7.20 8.00
COST LAF s}jERIFF'S FEE 6 25.45 0.00 25.45 ~.'f.!I
COST LEMI tAU ENFORCEMENT MANAGEMENT INSTITUTE 2 0.10 0.90 1.00
COST LEOA lAW ENfORCEMENT OffICE ADMINISTRATION 2 0.20 1.80 2.00
COST lEOS LEOSE 2 0.40 3.60 4.00
COST PWAF TEXAS PARKS & ~llOlIFE 6 24.00 6.00 30.00
COST SAF DPS 14 48.00 12.00 60.00 '15.0~
COST SUBC SUBT! HE C 14 16.64 316.09 33Z.73 li!~?~
COST TF TECHNOLOGY FUND 25 88.36 0.00 : 88.36
COST HC TFC 16 45,28 0,00 45.26
COST TIME TIME PAYMENT FEE 9 88.64 88.63 177.27 .20:. ,21
COST WRNT "'ARRANT FEE 6 300.00 0.00 300.00
FEES DOC DEFENSIVE DRIVING 1 10.00 0.00 10.00
FEES DFF DEFERRED FEE 2 300.00 0.00 300.00
FEES FEE FILING FEE 1 15.00 0.00 15.00
fEES INOS INDIGENT FEE 1 0.10 1.90 2,00 "..
FEES sseE SERV I CE FEE 1 60.00 0,00 60.00
FINE DPSF FTA FINE 1 233.QO 0.00 'l>!lL 233. 00 e
FINE FlNE FINE 16 1,075.00 0.00 1,075 .00 ;?J$1.r;o
FINE PWF PARKS & WILDLIFE FINE 3 38.85 220.15 259.00
FINE WSF WATER SAFETY FINE 3 23.10 130,90 154.00
OTHR CIF CIVIL INDIGENT FeE 4 0,40 7.60 8.00
OTHR FED FILING FEE FED 2 30.00 0.00 30.00
OTHR FF FlUNG FEE SC 2 20.00 0.00 20.00
OTHR sve SERVICE FeE 5 285.00 0.00 Z85.00
Money Totals 33 3,007.86 1,636.14 4,64'.00
The folLowing totals represent - Jait Credit and Community Service
COST CCC CONSOLIDATED COURT COSTS 2 5,70 51.30 57.00
COSi CKS CKS 2 6.00 0.00 6.00
COST CJP CJP 0 0.00 0.00 0.00
COST CHI CMI 1 0.05 0.45 0.50
COST CR CR 0 0.00 0.00 0.00
COST CVC evc 1 1.50 13.50 15.00
COST DPSe OPS FAilURE TO APPEAR COURT COST'OMNIE 2 60.00 0.00 60.00
e
~12
OCI-.l."t-C~lQ;:) l:JtJ:;:)!=l r~Url: J UWUI-<Hl.L:YK. t-'Cq
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JP peT 4 AUGUST 2005
. ~ - - -. - - -. - -. - - - - ~ - - - - - - - - ~.. --. - - -.. _. - - _.. - - - -. - - - -- -. -. -.-. - -. -. -.. -. - -. - -. ~ -. - ~ - - _.-.. -..-. ._~. - -~. -.. ...- --.. - -. -..'. -. - ~ - -...-
The follolJing totals represent . Jail Credit and Community Service
Type Code Description Count Retained Disbursed Money-Totals
COST FA FA 1 0.50 4.50 5.00
e COST OR GENERAL REVENUE 0 0.00 0.00 0,00
COST JCO JCO T 0.05 0.45 0.50
COST JCPT JCPT 1 0.20 1.80 2.00
COST LAF SHERIFF'S FEE 1 5,00 0,00 5.00
COST LEHI lA~ ENFORCEMENT MANAGEMENT INSTITUTE 0 0,00 0,00 0.00
COST LEOA LAU ENFORCEMENT OFFICE ADMINISTRATION 0 0.00 0,00 0.00
COST LEOS LEaSE 0 0.00 0.00 0.00
COST PYAF TEXAS PARKS & ~ILOLIFE 0 0.00 0.00 0.00
COST SAF OPS 0 0,00 0.00 0.00
COST SU8C SU8T1 TLE C 0 0.00 0.00 0.00
COST Tf TECHNOLOGY FUND 2 8,00 0,00 8.00
COST TFC HC 0 0.00 0,00 0.00
COST TIME TIME PAYMENT FEE 0 0.00 0.00 0.00
COST lJRNT WARRANT FEE 1 50.00 0.00 50.00
FEES DOC DEFENSIVE DRIVING 0 0.00 0,00 0.00
FEES OFF DEFERRED FEE 0 0.00 0.00 0.00
FEES FEE FlUNG FEE 0 0.00 0.00 0.00
FEES INDS INDIGENT FEE 0 0.00 0,00 0.00
FEES SSEE SERVICE FEE 0 0.00 0.00' 0,00
FINE DPSF FTA FINE 1 345.00 0.00 345.00
FINE FINE FINE 2 303.00 0.00 303,00
fINE P~F PARKS & WILDLIFE FINE 0 0.00 0.00 0.00
FINE "Sf WATER SAFETY FlNE 0 0.00 0,00 0.00
DTHR CIF CIVil U.IOIGENT FEE 0 0.00 0.00 0.00
OTHR FED FlUNG FEE FED 0 0.00 0.00 0.00
OTHR FF FlUNG FEE SC 0 0.00 0.00 0.00
OTHR svC SERVICE FEE 0 0.00 0.00 0.00
Credit Totals 3 785.00 72,00 857.00
_The follow;n. tot.ls 'ep'esent Credit Card PByment~ and Tran.fer.
COST CCC CONSOLlOATEO COURT COSTS 4 16.00 144.00 160.00
COST CHS CHS 4 12.00 0.00 12.00
COST CJP CJP 0 0.00 0.00 0.00
COST CMI CMI 0 0.00 0,00 0.00
COST CR CR 0 0.00 0.00 0.00
COST CVC CVC 0 0.00 0.00 0.00
COST opse OPS FAILURE TO APPEAR COURT COST-OMNIE 0 0.00 0.00 0.00
COST FA FA 0 0.00 0.00 0.00
COST GR GENERAL REVENUE 0 0.00 0.00 0,00
COST JCO JCO 0 0,00 0.00 0.00
COST JCPT JCPT 0 0.00 0.00 0.00
COST lAF SHERIFF'S FEE 1 5.00 0.00 5.00
COST lEMI LA~ ENFORCEMENT MANAGEMENT INSTITUTE 0 0,00 0.00 0.00
COST lEOA LAW ENFORCEMENT OFFICE ADMINISTRATION 0 0.00 0.00 0.00
COST lEaS LEaSE 0 0.00 0.00 0.00
COST PI.'Af TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00
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09/13/2005 Money Oistributlon Report Page 6
JP PCT 4 AUGUST Z005
- -... - -. - ~.. - - - - -- - - - _ _ _ _ ___4 _ ---. _ -...... _ _ _. PO _ --. _. _ _ _.. _ _ __ _ _0 __ _ _ _. _ _ _ _0 _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _0 _0 . _' _...._. _ _ _ _ _ _ _ _ __ -.--------.-
The following totals represent Credit Card Payments and Transfers
Type Code Descriptlon Count Retained Disbursed Money-Totals
COST SAF oPs 3 12.00 3.00 15.00 e
COST suac SUBTITLE C 2 3,00 57.00 60.00
COST TF TECHNOLOGY FUND 4 16,00 0.00 16.00
COST TFC TFC Z 6.00 0.00 6.00
COST TIME TIHE PATMEUT FEE 1 12,50 12.50 25.00
COST WRUT WARRANT FEE 0 0.00 0.00 0.00
fEES DOC DEFENSIVE DRIVIWG 0 0.00 0.00 0.00
FEES Off DEfERREO FEE 0 0.00 0.00 0.00
FEES FEE FILJUG FEE 0 0.00 0.00 0,00
FEES INDS INOIGENT fEE 0 0,00 0.00 0.00
FEES SSEE SERVICE FEE 0 0.00 0.00 0.00
fUlE oPSF FTA FlUE 0 0.00 0,00 0.00
FINE FINE FINE 4 314,00 0.00 314.00
FI NE PWF PARKS & WILDLIFE FINE 0 0,00 0.00 0.00
FINE WSF WATER SAFETY FINE 0 0.00 0.00 0.00
OTHR CIF CIVIL INDIGENT FEE 0 0.00 0.00 0.00
OTHR FED FJLJNO FEE FED 0 0.00 0.00 0,00
OTHR FF FllIUG FEE SC 0 0.00 0.00 0.00
OTHR SVC SERVI CE FEE 0 0.00 0.00 0.00
Credit Totals 4 396.50 216,50 613.00
The following totals represent Combined Money and Credits
COST CCC CONSOLIDATED COURT COSTS 31 103.17 928,47 1,031.64
COST CHS CHS 31 84,27 0,00 84.27
COST CJP CJP 2 1.00 9.00 10,00
COST CHI CMI 4 0.20 1.80 2.00
COST CR CR 2 1. DO 9,00 10.00 e
COST CVC CVC 6 9.00 81.00 90.00
COST DPse DPS fAILURE TO APPEAR COURT COST-OMNIE 5 180.00 0,00 180.00
COST fA fA 4 2.00 18.00 20.00
COST GR GENERAL REVENUE 2 0.50 4,50 5.00
COST JCO JCO 4 0.20 1.80 2.00
COST JCPT JCPi 6 1.00 9.00 10.00
COST lAf SHERI FF r S FEE 8 35.45 0.00 35.45
COST lEMI LAY ENFORCEMENT MANAGEMENT INSTITUTE Z 0.10 0.90 1.00
COST lEOA LAU ENfORCEMENT OFFICE ADMINISTRATION 2 0.20 LBO 2.00
COST LEOS LEaSE 2 0.40 3.60 4.00
COST PWAF TEXAS PARKS & WILOlIFE 6 24.00 6.00 30.00
COST SAF OPS 17 60.00 15.00 75.00
COST SU8C SUBTl TLE C 16 19.64 373,09 392.73
COST TF TECHNOLOGY fUND 31 112.36 0.00 112.36
COST TFC TfC 20 51.28 0.00 51.28
COST TIME TIME PAYMENT FEE 10 101. 14 101.13 202.27
COST IJJHIT UARRANT FEE 7 350.00 0.00 350.00
FEES DOC DEFENSIVE DRIVING I 10.00 0.00 10.00
FEES OFF DEFERRED FEE 2 300,00 0.00 300.00
FEES FEE Fr Lf NG FEE 1 15.00 0.00 15.00
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1 361 785 2179
TO: 5534444
09/13/2005
Money Distribution Report
JP PCT 4 AUGUST 1005
P.12/15
Page
7
. ~ ~-- -.~ '~.... - .~..~ '-"'- ..~---_. .-. -.... --.--... ...--..--....-.----.----.--.... ----.--.- -. --~--... --~ .-..--. ---- ._--. --. -. ---. .-.-
The fot (owing totals represent Combined Money and Credits
Type Code Description Count Retained o isbursed Money-Totals
FEES lNOS INOIGENT FEE , 0.10 1.90 1.00
e FEES SSEE SERVICE FEE I 60.00 0.00 6l1.00
FINE OPSF F1A FINE Z 578.00 0.00 57a.00
FJNE FINE FINE 11 1,692.00 0,00 1.692.00
FINE P~F PARKS & tJlLOlIFE FINE 3 38.85 220,15 259.00
FINE ~SF UA fER SAFETY F l HE 3 23.10 130.90 154.00
OTHR elF CIVIL INDIGENT FEE 4 O.liO 7.60 8.00
OTHR FEO FILING FEE FEO 2 30,00 0,00 30,00
OTHR FF FILING FEE SC 2 20.00 0.00 20.00
OTHR sve SERVI CE F~E 5 2a5.00 0.00 2aS.00
Report Totals 40 ',189.36 1,924.64 6,114.00
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JP PCT 4 AUGUST 2005
....MM..........M...........MMMMMM._..M......__.__.___.M_.__...__..M___M._M..M___.._..__M._._____....M__.M...___M__M___________....M
DATE PAYMENT. TYPE FINES COURf.COSTS fEES BO~{JS RESTl WT ION OTHER TOTAL
00/00/0000 Cast'! & Checks Cot lected 0,00 0.00 0.00 0.00 0.00 0.00 0.00
Jeil C~~its & Corom Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0,00 0.00 0,00 0.00 0,00 0._
Totel of elt COllections 0.00 0,00 0.00 0.00 0,00 0.00 o.
09/01/1991 Cash & Cheeks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Tota! af all Collections 0.00 0.00 0,00 0,00 0.00 0.00 0.00
09/01/1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
JaiL Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0,00 0.00 0.00 0.00 0.00 0,00
Total of all Collections 0,00 0.00 0.00 0.00 0.00 0.00 0.00
09/01/1995 Cash & Checks Collected 0,00 0,00 0,00 0.00 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0.00 0,00 0.00 0.00 0.00
Credit Cards & Transfers 0.00 0.00 0.00 O.GO 0.00 0.00 0.00
Total of all Colleetions 0.00 0.00 0.00 0.00 0.00 0.00 0.00
09/01/1997 Cash & CheCKS collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Jail Credit$ & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00
credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total of all Collections 0.00 0,00 0.00 0.00 0.00 0.00 0.00
09/01/1999 Cash & Checks Collected 205.00 80.00 0.00 0,00 0.00 0.00 285,00
Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0,00
Credit Cards & Transfers 0.00 0.00 0.00 0,00 0.00 0.00 0.00
Total of all Collections 205.00 60.00 0.00 0.00 0.00 0.00 285.00
09/01/2001 Cesh & Checks Collected 110.00 235.00 0.00 0.00 0.00 0.00 345.00
Jail Credits & Comm Service 0.00 0.00 0.00 0,00 0.00 0.00 0.0.
Credit Card$ & Tran$fers 0.00 0.00 0.00 0.00 0.00 0.00 0.0
Total of all Collections 110.00 235.00 0,00 0.00 0,00 0.00 345.0
09/01/Z003 Cash & Checks Collected 0.00 D.DO 0.00 O.GO 0.00 0.00 0.00
Jail Credits & Comm Service 0.00 0.00 0,00 0.00 0.00 0,00 0.00
Credit Cards & Transfers 0.00 0.00 0,00 0.00 0,00 0,00 0,00
Total of all Collections 0.00 O.QO 0.00 0.00 0.00 0.00 0.00
01/0112004 Cesh & Checks Collected ',406.00 1,878.00 387.00 0,00 0.00 343.00 4,014.00
Jail Credits & Comm Service 648.00 209.00 0,00 0.00 0,00 0.00 857.00
Credit Cards & Transfers 314,00 299.00 0.00 0.00 0.00 0.00 613.00
Tota! of aU Colleetions 2,'368.00 Z,386.00 387.00 0.00 0,00 343.00 5,484.00
TOTALS Cash & Checks CoUected 1,721.00 2,193,00 387.00 0.00 0.00 343.00 4,644.00
Jail Credits & Comm Service 648.00 209.00 0.00 0.00 0,00 0.00 857.00
Credit Cards & Transfers 314.00 299.00 0.00 0.00 0.00 0.00 613,00
Total of all Collections 2,683.00 2,701.00 387.00 0.00 0.00 343,00 6,114.00
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. 09/13/2005
1 .:Sb1 (CJ~ 0"1 (~
TO: 5534444
p,14/15
Honey ~istribution Report
JP PCT 4 AUGUST 2005
Page
9
~~~;-----_._;~~~;;;:;~;;_._---------:-----------;;;;~-.~~~;;:~~;;;.__.__._-;;;~----_._-~~;~~._;;~;;;~;;~;._----_.~;;;;;-------;~;~~-
State of Texas Quarterly Reporting Totals
Description
e
State ComptrolLer Cost and Fees Report
Sect i on I: Report for Offenses Comni tted
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 06-31-97
09.01.91 08~31-95
Bai I Bonds Fee
DNA TestIng Fees
EMS Trauma Fund (EMS)
Juvenile Probation Diversion Fees
State Traff ic Fees
Section II: As Applicable
State Pol ice Off j eel' Fees
FaiLure to Appear/Pay Fees
Judicial Fund - Canst County Court
Judicial Fund - Statutory County Court
Motor Carrier ~eight Violations
Time Payment Fee
Report Sub Total
State Comptroller Civi\ fees Report
CF: Birth Certificate Fees
CF: Marriage license Fees
CF: DeClaration of Informal Marriage
CF: Nondisclosure Fees
CF: Juror Donations
e CF: Justice Court lndig filing Fees
CF: Stat Prob Court lndig Filing Fees
CF: Stat Prob Court Judie Filing fees
CF: Stat Cnty Court lndig 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 & Family law
CF: Dist Court Other Divorce/Family law
CF: cist Court Jndig fi t ing Fees
Report Sub Total
Totat Due for This Period
THE STATE OF TEXAS
County of Calhoun
Count
Collected
Retained
Disbursed
32 963 . 64 96.36 867,28
12 80.00 8.00 72.00
16 64.00 6.40 57.60
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
16 392.73 19.6_ 373.09
23 105.00 84.00 21.00
3 120.00 120.00 0.00
0 0.00 0.00 0.00
0 0.00 0.00 0.00
0 0.00 0.00 0.00
10 202.27 101.15 101.12
112 1,927.64 _35_55 1,_92.09
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
5 10.00 0.50 9.50
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
5 10.00 0.50 9.50
117 1,937,64 436.05 1,501.59
Before me, the undersigned authority, this day
personally appeared James Dworaczyk, Justice of
the Peaee, Preeinct 4, Calhoun County, Texas, who
being duly sworn, deposes and says that the above
and foregoing report is true and correct.
\.Ii tness my hand th i s Lt/'day of
q0p1r.~
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~~~-lq-c005 03:00 FROM: J DWORRCZYK PC4
1361 785 2179
tlce of t e Peace, Precinct No.4
athoun County, Texas
Subscribed and sworn to thisj.1/day of f'C;:P'j, QJ;;
Calhoun County, Texas
TO: 5534444
318
P.15/15
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1 351 785 2179
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p,2/15
DATE:
TOTAL
PRICE
$130.90
43390
Jlla.R~~$at,s< .
DEPARTMENT: J. DWORACZYK. JP#4
9/13/2005
TO, TEXAS PARKS & WILDLIFE
WATER SAFETY
VENDOR # 7604
ACCOUNT
NUMBER
7544-999-20748-999
WATER SAFETY FINES - JP#4
AUGUST 2005
SEE ATTACHED FORM FOR TICKET INFORMATION
TOTAL $130.90
COUNTY AUDITO THE ITEMS OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE OF MY OFFICIAL
APPROVAL ONLY DUTIES AND I CERTIFY THAT FUNDS E AVAILABLE TO PAY THIS OBLIGATION,
EPARTMENTHEAD DA.t-~~ r:;;
I CERTIFY THAT THE ABOVE ITEMS OR SERVICES WERE RECEIVED BY ME IN GOOD
CONDITION AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE OBLIGATION,
BY:
DEPARTMENT HEAD
9/13/2005
DATE
319
SEP-14-200Oi 08:56 FROM: J DWORACZYK PC4
1 351 785 2179
TO: 5534444
P,Y15
DEPARTMENT: J, DWORACZYK, JP#4
DATE:
9/13/2005
VENDOR # 7603
TO: TEXAS PARKS & WILDLIFE
ACCOUNT
NUMBER
7544-999-20747-999
PARKS & WILDLIFE FINES. JP#4
AUGUST 2005
TOTAL ~
PRICE _
$220.15
SEE ATTACHED FORM FOR TICKET INFORMATION
TOTAL $220.15
THE ITEMS ,OR SERVICES SHOWN ABOVE ARE NEEDED IN THE DISCHARGE OF MY OFFICIAL
DUTI AND I CERTIFY THAT FUNDS ARE AILABLE TO PAY THIS OBLIGATION,
c:7- /~~
E RTMENT A DATE'
I CERTIFY THAT THE ABOVE ITEMS DR SERVICES WERE RECEIVED BY ME IN GOaD
CONDITlaN AND REQUEST THE COUNTY TREASURER TO PAY THE ABOVE .oBLIGATION.
BY;
DEPARTMENT HEAD
9/13/2005
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09(13/2005 09:04 351-983-2451
CALHOUN CO PCT 5
PAGE 01
3<f
Judge Nancy Pomykal
Justice of the Peace Pct. 5
Collections for the Month of August 2005
Date: September 12, 2005
Calhoun County Commissioners Court
2] I S, Ann Street
Port Lavaca, IX 77979
Fax no: 553-4444
Commissioner's Court:
Attached is a report of all collections for my court for the month given.
Faxing 9
Pages including this cover.
Signed:
/"
,_321
09/,13/2005 09:04
351-983-2451
CALHOUN CO PCT 5
PAGE 02
09/1212005
Money Distribution Report
Judge Nancy i'<lo\v~.l, Pet_ 5. Calha"" Co, August 05
P.g<>
______~_____._______~_____A~~~_.______________________...___~.._.___.__A.______________~_______.____________________________________
Re<:eipt C.uselOefendant I Code tIm.lnt I Code />oount I Code AIoount I Co<le />oo...t I COde />oount I Code _unt I
I I I I , I I
0372433 05-08-0249SC 08/01/2005 I IFEE 2,00 I FIll 10,00 I I I I
Sl4ITH, MARCUS I I I I i
Pers,",.l CheCk I I I I I
0372434 05-06-0186 08/02/2005 11ft 0,28 DCC 3_64 i CHS 0.27 I SAF 0.45 I 1F 0.36 FINE 20,00 I
GURLEY, OlARLES FAANKLEN III I SUBC 25_00 I I I I
P1On~Order I I I I I
0372435 05-0a-0250-St oa/05/2005 I IFEE 2.00 FIll 10,00 I I I I
LOPEZ. GA6RIEL R I I I I I
cash I I I I
0372436 05-07-0195 08/08/2005 I CCC 40_00 CHS 3.00 PWAf 5_00 TF 4,00 I PWF 43,00 I
Bl\OIIlI. IlAANOON HEA1H I I
~Or<ler I I
0372437 05-06-0163 0810812005 CCt 40.00 CHS 3,00 PWAF 5.00 1F 4.00 I PWF 43_00 I
HARTl. OENflIS JAMES I I
Personal Che<:k I I
0372438 05-08-0252 08/11/2005 DCC 40.00 CHS 3_00 PWAf 5,00 1F 4,00 I WSF 25.00 I
BLAo:MQN, JAAES I I
Personal Check I I
037243905-07-0235 OB/1212005 CCC 40,00 CHS 3.00 LAF 5,00 TF 4,00 I FINE 143,00 I
KOPPlOll. EllWARD KEITH JR I I I
Persona 1 Check I I I
03724-40 05-07-0235 08112/2005 FINE 100_00 I I I
KOPPLOII, EOIIARO KEITH JR I I I
Jail Credit I I I
0372441 05-05-0130 08/1712005 CCC 40,00 CHS 3,00 LAF 5,00 I TF 4,00 I FINE 143.00 I I
VIVIANO_ JOHN THQW.S I I I I
casnier's Check I I I I
037244205-05-0130 OB/12/2005 FINE 100,00 I I I I
VIVIANO, JQllN TfIHI\S I I I I I
cashier's Check I I I I I
0372443 05-06-0173 08/12/2005 I CCC 40_00 eH$' 3,00 I SAF 5,00 I TF 4.00 I FINE 143,00 I I
PEARCE. ROBERT DOUGLAS I I I I I I I
Cashier's Chect I I I I I I I
0372444 OS-06-0173 08/12/2005 I FINE 100,00 I I I I I i
PEARCE, ROBERT OOUGLAS I I I I I I i
Jon Credit I I I I I I I
0372445 05-07-0204 08/12/2005 I CCC 40.00 I CHS 3,00 I PIlAF 5_00 I Tf 4_00 I FINE 100.00 I I
HASARA, JUSTIN R I I I I I I I
Cashier's Check I I I I I I I
0372446 05-07-0232 08/12/2005 I IfC 3,00 I cee 40.00 I CHS 3.00 I LAF 5_00 I TF 4,00 I fiNE 40.00 I
RIGGS, JAH€S I SUBC 30.00 I I I I I I
Personal Cneck I I I I I i I
0372447 04-04-0098 08/12/2005 Ieee 40,00 I CHS 3.00 I PWAF S_OO I TF 4.00 I PWf 100.00 I CSRV 45_60 I
SMITH, BRYAN AHOREW I I I I I I i
Conm serv;"" I I I I I I I
0372448 05-06-0175 08/1212005 I CCC 40,00 I CHS 3.00 I LAF 5.00 I TF 4,00 I FINE 243_00 I I
HAAAElL. 81LLY WAYNE I I I I I I I
Jan Credit I I I I I I I
0372449 OS-07-0240 OB/12/2005 I TFC 3,00 I eec 40,00 I eHS 3,00 I SAF 5,00 I TF 4.00 I FINE 70.00 I
ItJUSTON. sam I SUBC 30.00 I I I I I I
ered-Card/Trnsfr I I I I I I I
0372450 05-0S-0IZ0 08/17/2005 I FINE 65_00 I SU8C 30,00 I I I I I
ANDERSON, COLLIN ELLIOT I I I I I I I
PersOllal Check I I I I I I I
322
Total
12,00
500_
12.00
95.00
95,00
77 .00
195.00
100,00
195,00
100.00
195,00
100.0_
152.00
125_00
197.60
295.00
155,00
85,00
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361-983-2461
09/I2IZ005
CALHDUN CD PCT,S
PAGE 63
~y Distribution Repo,t
Judge Nanq Paolyh 1. Pet. 5, Ca 1 houn Co, August OS
Page 2
~e1pt Cause/Defendant
.._--~-----------_...------.-.-_.....~-.-----.~.__._.-------------..-..-----------......---------........--------._.~...------------
Total
0372451 05-06-02S6
VASQUEZ, OAVIO A
Cash
0372452 04-12-0446
TIlllWIN. STAHLEY
Cas.h
0372453 OS-06-026S
KUYKENDAl. KIM JEAN
~ Order
0372454 05-07-0191
SPOOR. JAMES STUART
Cashier's Check.
0372455 05-06-0253
MANGOLO, TfOoIAS
~rsona 1 Check
0372456 05-08-0271
WEBB. AUSTIN
Persona 1 Chect
0372457 05-08-0272
WEBB, AUSTIN
Personal Check
037245B 05-06-0256 08/24/2005 I FINE
VASQUEZ. DAVID A I
Cash I
0372459 05-07'0239 06124/2005 I CCC
RUOOICK, TYSON LEE I
C~-C~rd/lrnsfr 1
0372460 05-06-0261 06/24/2005 I TFC
DAVIS, IVAN COOPER I SUBC
Money Order I
0372461 05-06-0276 06124/2005 I TFC
~lLOE6RANO, JON Cl<R1STlAN i SUllC
Cashler's Chec~ I
0372462 05-08-0268 06/29/2005 I CCC
LEWIS, ROKAlO I
.. Hone.v Order I
,....., 0372463 05-0B-0259 OB/29/2005 I TFC
GILBERT, SEAN I SUBC
Personal Check I
0372464 05-08-0258 08129/2005 I TFC
JOIlNSON, TODD tW.ION I SUBC
Personal Check I
0372465 05-07-0222 08/3012005 I CCC
RAZ. JIM JOHN I
Cash1er's Check I
0372456 05'07-0221 08/30/2005 I CCC
ARREOONOO. JEFFERY OAVIO I
cashler's Check I
0372467 05,07-0227 06/30/2005 I CCC
HEIBEL, ARLEN I
Cashier's Check I
0372468 05-07-0228 08/30/2005 Ieee
BARR, RANDY WAYNE I
Cashier's CheCK I
I Code AIlDunt I Code ",,",unt I Code Amount I Code -..nt I Code Amount I Code Amount I
I I I I I I I
06/17/2005 I TFC 3.00 I CCC 40.00 I CHS 3.00 I LAF 5,00 I TF 4,00 I FINE 15,00 I
I SUBC 30,00 I I I I I I
I I I I I I I
08/17/2005 I CCC 40.00 I CHS 3.00 I LAF 5,00 I Tf 4,00 I FINE 48,00 I I
I I I I I I I
I I I I I I I
08/19/2005 I TFC 3,00 I CCC 40,00 I CHS 3.00 I SAF 5,00 I TF 4.00 I DSC 10.00 I
I SUBC 30,00 I I I I I I
I I I I I I I
08/19/2005 CCC 40.00 I CHS 3,00 I lAf 5,00 I TF 4,00 I WSF 198,00 I I
I I I I I I
I I I I I I
06/19/2005 CCC 40,00 I CHS 3,00 I PWAF 5,00 I TF 4,00 I WSF 148.00 I
I I II I
I I I I I
08/Z2/2005 CCC 40,00 I CHS 3.00 I?WAF 5,00 I TF 4,00 I PwF 33.00 I
I I I I I
I I I I I
OB/22/2005 CCC 40,00 I CHS 3.00 I PwAF 5,00 I TF 4,00 I I
, , 'I I
I I I I I
55,00 I I I I I
I I I I I
I I I I I
40,00 I CHS 3,00 I TF 4,00 I FINE 53,00 I SAF 5.00 I I
I I I I I I
I I I I I I
3,00 I ccc 40,00 I CHS 3.00 I SAF 5,00 I TF 4,00 I OSC 10,00 I
30.00 I I I I I I
I I I I I I
3,00 I CCC 40.00 I CHS 3,00 I SAF 5.00 I TF 4,00 I OSC 10.00 I
30.00 I I I I I I
I I I I I I
40,00 I CHS 3,00 i PWAF 5,00 I TF 4,00 I PwF 33,00 I I
I I I I I I
I I I I I i
3,00 I ccc 40,00 I CHS 3.00 I SAF 5,00 I TF 4.00 I FINE 70,00 I
3000 I I I , I I
I I I I I I
3.00 I ccc 40,00 I OKS 3,00 I SAF 5.00 I TF 4.00 I OFF 70,00 I
30,00 I I I , I I
I I I I I I
40,00 I CHS 3.00 I LAF 5,00 I TF 4,00 I FINE 243,00 I I
I I I I I I
I I I I I I
40,00 I CHS 3,00 I lAf 5,00 I TF 4.00 I FINE 243,00 I I
I I II I I
I I I I I I
40.00 I CHS 3.00 I LAF 5.00 I TF 4,00 I FINE 243,00 I I
I I I , I I
I I I I I I
40,00 I CHS 3,00 I CAF 5.00 I TF 4.00 I OFF 248.00 I I
I I I \ I \
I I I I I I
e
e
100,00
100,00
95,00
250.00
200.00
as.OO
S2.00
55.00
105.00
95.00
95,00
65.00
155,00
155.00
29S.00
295,00
295.00
300.00
:123
09/13/2005 09:04
351-983-2451
CALHOUN CO PCT 5
PAGE 04
09/12/2006
Honey Distribution Report
Judge N.ney P<>nIY~al. Pet. 5, Calhoun CO, August 05
Page 3
-~-----______________________________________.___~_A___.____________.____.__________________________________.___________________.___
Receipt Cause/Oefen<lant I Code An<>\JIlt I Code An<>unt I COde Aoount I COde An<>unt I COlle An<>unt I Code _uot I
I I I I I I I
0372469 05-07-0233 08/30/2005 I cee 40,00 I CHS 3.00 I LAf 6,00 I TF 4.00 fINE Z43.00 I i
STlUNGO. JASON I I I I I I
Casoier.s CI1ec~ I I I I I I
0372470 05-07-0234 06/30/2005 I CCC 40,00 I CHS 3,00 I lAf 5,00 I Tf 4,00 fINE 243,00 I I
HILLIS, JAREO EOWARO I I I I I I
C.shier's chec~ I I I I I I
037247l 05-07-0226 08/30/2005 I CCC 40,00 I eHS 3.00 I LAf 5,00 I TF 4,00 FINE 243,00 I I
HARRELL. BILLY WAYNE I I I I I I
Jan Credit I I I I I I
03724722002-07-0275 08/30/2006 I JCPT 2,00 I evc 16,00 I TFC 3.00 I CCC 17.00 fA 5,00 I JCD 0,50 I
AIlMS, CHARLES 8 I OIS 3,00 I on 0.50 I SAF 5.00 I WRNT 50.00 TF 4.00 I OPSC 30.00 I
Jail Credit I FINE 200,00 I I I I I
0372473 05-06-0186 08/30/2005 I suec 6.00 I I I I I
GURLEY, CHARLES fRAH~lEN III I I I I I I I
Cash I I I I I I I
0372474 05-06-0187 08/30/2005 I TfC 2,46 I eec 32.73 I CHS 2.46 I SAf 4.09 I Tf 3.27 I I
GlJU.EY, CHARLES fRAN~lEN 1II I I I I I I I
Cash I I I I I I I
324
Tot,l
295.00
295.0_
295.00
335. 00
5.00
45,00
e
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OS113/2005 OS:04
351-SS3-2451
CALHOUN CO PCT 5
PAGE 05
09/12/2005 ~ Distribut10n Report Page 4
Judge Nancy Panytal, Pet. 5, Ca 1 hooo C<J. August 05
-------.._---~---------------_._-----------_.._-------------------------------------------------------------------------.-----------
The fo 11 owi ng rota 1 s represent - Cash and Checks Co 11 ected
Type Code De5criptlon Count ReUjne<l 01sbursed Holley-Totals
The tollOW1ng totals rwresent - Cosh and ened, C<Jllected
e COST CCC COI<SOLlDATEO COURT cosrs 28 107,64 968,73 1.076,37
COST CIlS COORTIJOUSE SECURlTV 28 80.72 0,00 80.72
COST 011 CORRECTIONAL HAHAGEHENT INSTITUTE 0 0.00 0.00 0,00
COST evc Cl>>tPENSATlIlH TO VICTlI'IS OF CRIME 0 0.00 0.00 0,00
COST OPSC DPS FAILURE TO APPEAR CO\JRT COSTS 0 0,00 0,00 0,00
COST FA flj;lVlTE I\PPREHEI'ISIIlH 0 0.00 0,00 0.00
COST JCO JUVENILE ORIME AHO OELlNOUENCV 0 0.00 0,00 0,00
COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0,00 0.00 0,00
COST LAF SHERlfF'S FEE 12 60,00 0,00 60.00
COST PWAr TEXAS PARKS & WILDLIfE 8 32,00 8,00 40,00
COST SAF OPS 8 27.64 6.90 34.54
COST Tf TECHNOLOGY fUND Z8 107,63 0,00 107.63
COST TFC TFC 9 23,74 0.00 23.74
COST _T _T FEE 0 0,00 0,00 0,00
fEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0,00
FEES Off DEFERRED fEE 2 318.00 0,00 318,00
fEES OSC DRIVER SAFETY COURSE 09/05 3 30.00 0,00 30,00
fEES FlLI riliNG fEE 2 20,00 0.00 20,00
FEES IFEE INDIGENT FEE 2 4.00 0.00 4,00
fEES SUlK SUB TITLE C \0 13,50 256,&0 270,00
FINE fiNE FINE 17 2.147.00 0,00 2.147,00
FINE PWf PARKS & NIl.OLIfE FINE 4 22,80 129,20 152.00
fiNE NSF ~TER SAfETY FINE 3 &5.6& 315.35 371. 00
rtmey Toti;lls 34 3,050.32 1.684,68 4,735,00
The fo110\0;109 totals represent - Jal1 Creait and Cc::QUl.ity Serv1c.e
COST CCC CONSOLIDATED COURT COSTS 4 13 .70 123.30 137.00
COST CIlS COURnwsE SECURITY 4 12,00 0,00 12.00
e COST on CORRECTIONAL MA/O\GEMENT INSTITUTE I 0,05 0,45 0,50
COST CVC COMPENSATION TO VICTIMS OF CRIME I 1.50 13.50 15.00
COST OPSC OPS FAILURE TO APPEAR COURT COSTS I 9,90 20,10 30.00
COST FA FUGIVITE APPREHENSION 1 0,50 4,bO 5,00
COSl JCO ,)WfNILE CRIME AHO DELINQUENCY I 0.05 O,4b 0.50
COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING I 0,20 1.80 2,00
COST LAF SHERIFF'S FEE 2 10,00 0,00 10.00
COST PIlAr TEXAS PARKS & WILDLIFE I 4.00 1.00 b,OO
COST SAF DPS I 4,00 1.00 5,00
COST Tf TECHNOLOGY FUNO 4 16,00 0,00 16,00
COST TFe 7FC 1 3,00 0,00 3,00
C(JST WRNT WARRANT FEE 1 &0.00 0.00 50,00
FEES CSRV COLLECTION SERVICES FEE I 4b.6O 0,00 45.60
EfES Off OEFERREO rEE 0 0,00 0.00 0,00
FEES OSC DRIVER SAFETY COURSE 09/05 0 0,00 0.00 0.00
fEES fill fILING FEE 0 0.00 0.00 0.00
fEES IffE INOIGENT FEe 0 0,00 0.00 0,00
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09(13/2005 09:04
351-983-2451
CALHOUN CO PCT 5
PAGE 05
091l2/2005 Honey Distribution Report Page 5
Judge N.~ P~~.l, Pet. 5, Calhoun Co, August 05
~_~_________~A_.~________.~A___________.______________________________________.____.__._______._.~__________-----------~--.------~--
The fol1owtng totals. represent - Jail Credit and Cc;mnooit,y Seryice
Type Code Description Count Rata i ned Disbursed Honey- Totals
FEES SUBC SUB TITLE C 0 0.00 0.00 0,00 e
FINE FINE FINE 5 SSG. 00 0.00 886,00
rINE PWF PAR~S & WILOLIFE FINE I 15.00 85.00 100,00
FINE WSF WATER SAfETY FINE 0 0.00 0,00 0.00
Credit Totals 6 1. 071. 50 Z51.l0 1. 322.60
The following totals represent - Credit Card Payments and Transfers
COST CCC CONSOLlOATEO CO\PT COSTS 2 8.00 72. 00 80,00
COST CHS COURTl<<lUSE Sl:C\JRIT'/ 2 6,00 0,00 6.00
COST CHI CORRECTIONAL MANAGEMENT INSTlTUTE 0 0.00 0.00 0,00
COST evc COt1PENSATION 10 VICTIHS OF CRINE 0 0,00 0,00 0,00
COST OPSC Ol>S FAILURE 10 APPEAR COURT COSTS 0 0,00 0.00 0,00
COST FA FUGIVITE APPREHENSION 0 0.00 0,00 0,00
COST JCD JUVENILE CRlNE AHO DELINQUENCY 0 0,00 0,00 0,00
COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING 0 0.00 0,00 0,00
COST LAF SHERIFF'S FEE 0 0,00 0.00 0.00
COST PWAF TEXAS PARKS & WILOLIFE 0 0,00 0,00 0,00
COST SAF DPS 2 8,00 2,00 10,00
COST Tf TECHIIOLOOY FUND 2 8,00 0,00 8,00
COST HC TfC I 3.00 0.00 3.00
COST _T _RANT FEE 0 0,00 0.00 0.00
FEES CSl\V COLLECTION SERVICES FEE 0 0,00 0,00 0.00
FEES Off DEFERRED fEE 0 0.00 0,00 0,00
fEES DSC DRIVER SAfETY COURSE 09/05 0 0.00 0,00 0,00
FEES rIll FILING FEE 0 0,00 0.00 0.00
m:s IFEE IHOIGENT FEE 0 0,00 0.00 0,00
FEES SUBC SV6 TITLE C I 1.50 26.50 30.00
FINE FINE FINE 2 123,00 0,00 123,00
FINE PIIf PARKS & WILDlIFE FINE 0 0.00 0,00 0,00
FINE WSF WATER SAfETY FINE 0 0,00 0.00 0.00 e
Credit Totals 2 1S7,50 102,50 260,00
The foll""ing totals represent. COntlinedlloney .nd Credits
COST CCC CONSOLIDATED COURT COSTS 34 129.34 1.164.03 1.293,37
COST CHS COUIHIfJUSE SEC\.lllTY 34 98,72 0,00 98.72
COST Cl1I aJRRECTlOHAL IWWiEMENT INSTITlITE 1 0,05 0.45 0.50
COST evc COt1PEHSATlON TO VICTIHS OF CRIME I 1.50 13.50 15.00
COST OPSC DPS FAILURE TO APPEAR COURT COSTS I 9.90 20.10 30,00
COST fA FUGIVITE APPREHENSION 1 0,50 4.50 5.00
COST JCD JUVENILE CRIME AHO DELINQUENCY 1 0,05 0.45 0,50
COST JCPT JUDICIAL AND COURT PERSONNEL TRAINING I 0,20 1.60 2.00
COST LAF SHERIFF'S FEE 14 70,00 0,00 70.00
COST PIlAF TEXAS PARKS & WILOLIFE 9 36,00 9,00 45.00
COST SAF OPS II 39.64 9,90 49.64
COST TF 1".E:CHNOlOGY FUHO 3' 131.63 0.00 131.63
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09(13/2005 09:04
351-983-2451
CALHOUN CO PCT 5
09/1212005
Kaney 01.tr1bution ~eport
Judge Nancy Pomy~al. Pet, 5, c.1OO"" Q). August 0&
PAGE 07
P.ge 6
~A~~_~~________________~.__A________________,_________________.._._________________..______________________.^___________________.___
The follwif19 tot.l. represent" Cootlined ",,"ey .nd Credits
Type Code Description Count ~eta j nod Disbursed Honey- Tot.ls
cosr rFC TFC II 29.74 0,00 29,74
e COST WRJoIT WAAAANT FEE I &0,00 0,00 50.00
FEES. CSRV COLLECTION SERVICES FEE 1 4&.60 0,00 4S,60
FEES OFF OEFERREO FEE 2 318.00 0,00 318.00
FEES OSC DRIVER SAFETY COURSE 09/05 3 30,00 0.00 30.00
FEES FIll FILING FEE 2 20.00 0.00 20,00
fEES IFEE INDIGENT FEE 2 4,00 0.00 4.00
FEES SUBC SlIl TITLE C 11 15,00 265,00 300,00
FINE FINE FiNE 24 3.156,00 0.00 3,lS6,OO
FINE PWF P~S & WILDLIFE FINE 5 37,60 214,20 252,00
FINE WSF WATER SAFETY FINE 3 55.65 31&,35 371. 00
Report Totals 42 4.279.32 2,036,28 6,317,60
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327
09/.13/2005 09:04 361-983-2461 CALHOUN CO PCT 5 PAGE 08
0010010000 Cash & Checks Collected 0,00 0,00 0,00 0,00 0,00 0,00 0,00
Jan Credits & CoIm1 Service 0,00 0.00 0.00 0,00 0,00 0,00 0.00
Cred1 t Cards & Transfers 0,00 0,00 0,00 0,00 0,00 0,00 0.00
Total of all Collections 0,00 0,00 0,00 0,00 0_00 0,00 0,00
09/011\991 Cash & cnecks Collected 0,00 0,00 0,00 0,00 0_00 0,00 0.00
Jai J Credits & CCmn 5erv1ce 0_00 0,00 0.00 0.00 0.00 0.00 0_00
Credft Cards & Transfers 0,00 0.00 0,00 0.00 0,00 0_00 0,00
Total of all COllections 0.00 0,00 0.00 0_00 0.00 0,00 0.00
09/0lf199J cash & Checks Collected 0,00 0,00 0.00 0,00 0,00 0.00 0,00
Jan Credits & COfIIII Service 0.00 0.00 0.00 0.00 0,00 0.00 0,00
Credit Cards & Transfers 0.00 0,00 0.00 0.00 0.00 0,00 0.00
Total of all Collections 0,00 0.00 0,00 0.00 0,00 0.00 00.
09/01/1995 Cash & cnecks Col1ected 0,00 0.00 0,00 0.00 0,00 0.00 0,0
Jail Credits & COfIIII Service 0,00 0,00 0,00 0,00 0.00 0,00 0.00
Credit Cards & Transfers 0,00 0,00 0,00 0,00 0,00 0.00 0.00
Total of all Collections 0,00 0.00 0.00 0.00 0,00 0.00 0,00
09/01/1997 Cash & Checks Collected 0,00 0.00 0,00 0_00 0.00 0,00 0.00
Jail Credits & c~ 5erv1oe 0,00 0.00 0.00 0.00 0,00 0.00 0,00
Credit Cards & Transfers 0.00 0.00 0_00 0,00 0.00 0,00 0.00
Total Of .11 Collectloos 0.00 0,00 0.00 0,00 0,00 0.00 0.00
09/0111999 Cash & Ch.c~s Collected 0,00 000 0,00 0,00 0,00 0,00 0.00
J~n Credits & Coom Service 0,00 0.00 0.00 0_00 0,00 0.00 0.00
Credit Cards A Transfers 0,00 0.00 0.00 0,00 0.00 0.00 0,00
Tot~' of all Col1ections 0,00 0.00 0,00 0,00 0.00 0.00 0.00
09/01/2001 Cash & Checks Collected 0,00 0,00 0,00 0.00 0,00 0.00 0.00
Jan Credi ts & CoIm1 Servi ce 200.00 135.00 0,00 0_00 0.00 0.00 335.00
Credit Cards & Transfers 0,00 0,00 0.00 0.00 0.00 0,00 0,00
Total of all Collect1ons 200,00 \35.00 0.00 0,00 0.00 0.00 335.00
09f01l2003 Cash & O1eeks Col1etted 0,00 0_00 0,00 0,00 0.00 0.00 0.00
Jail Credits & COmm Servic~ 0.00 0.00 0,00 0,00 0.00 0.00 0.00
Credit Cards & Transfers 0,00 0,00 0.00 0,00 0,00 0.00 0.00
"total of all Collections 0.00 0.00 000 0,0() 0,00 0.00 0.00
01f01/2004 Cash , Chec~s Collected 2,670 _ 00 I. 423.00 642.00 0,00 0,00 0.00 4.735.00
J.il Credits & COmm service 786,00 156.00 a5,60 0,00 0.00 0.00 987,60
Credit Cards & Transfers 123,00 107,00 30,00 0,00 0,00 0.00 260,00
Total of all Collections 3,S79.00 1.686,00 717 _60 0,00 0,00 0.00 5,982.60
TOTALS C,sh & Checks Collected 2.670.00 1,423,00 642 _ 00 0.00 0,00 0,00 4.735._
Jail Credits & COmm Service 986,00 29UlO 45,60 0.00 0.00 0_00 1,322.6
Credit Cards & Tr.osfer, \23,00 107_00 30.00 0,00 0_00 0,00 260,00
Tot.! of .11 collections 3,779.00 I. 821. 00 717.60 0,00 0.00 0,00 6,317.60
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09112/2005
Honey Distribution Report
Judge Nan"" P<Jmyk.l. Pet. 5. Ca1 houn Co. August 05
Page
8
--________________.w____._____________________._______---~_._.__.._...._____________.J__...._..____________.___.._._._______________
OATE PA YIO€NT - nPE FINES COURT -COSTS FEES BONOS RESTITUTION OTHER TOTAL
State of Te~as Quarterly Reporting To~als
Oeser; pt 'j on Count Co 11 ected Retalned Dlsbursed
State C~troller Cost and Fees Report
_ctton I: Report for Offenses CooInitted
01-01-04 - fOrllolard 30 1,1[,6,37 115.63 1,040.74
09-01-01 - 12-31-03 0 0,00 0,00 0.00
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 - 08-31-95 0 0,00 0,00 0,00
601 I Bonds fee 0 0,00 0,00 0.00
DNA Test 1 nq F'ees 0 0.00 0,00 0.00
EllS Tr.""" Fund (EllS) 0 0,00 0,00 0.00
Juvenile Probation Diversion Fees 0 0.00 0,00 0.00
State Traffic fees 11 300,00 15.00 285.00
Section II: As Applicable
State Police Officer Fees 18 84.54 67.63 16.91
Failure to Appear/PiI,Y fees 0 0,00 0.00 0.00
Judiclal F~nd - Canst County Court 0 0.00 0,00 0.00
Judicial rood - Statutory COlflty Court 0 0.00 0.00 0,00
Motor Carrier Weight V101atfons 0 0,00 0.00 0,00
Time- Payment Fee 0 0,00 0,00 0,00
Report SW lota 1 59 1.540.91 198,26 1,342,65
State Comptroller Civil Fees Report
CF: Birth Certificate fees 0 0,00 0.00 0,00
Cf; Marriage License fees 0 0,00 0,00 0.00
CF: Declaration of Info~J Marriage 0 0,00 0.00 0,00
Cf: H~disclosure fees 0 0,00 0,00 0,00
CF: Juror Oonations 0 0,00 0,00 0,00
CF: Justice COurt [ndig Filing fees 0 0.00 0.00 0,00
Cf: Stat Prob Court Ind1g Filing Fees 0 0,00 0,00 0,00
e CF: St.t Prob COurt JUdie FiJ ing fees 0 0.00 0.00 0.00
CF: Stat Coty Court Indig Filing fees 0 0.00 0,00 0.00
CF: Stat Cnty COurt J~jc Fi11n9 Fees 0 0,00 0.00 0.00
CF: Cost Cnty COurt IOdig Filing Fees 0 0.00 0.00 0,00
CF: Cnst Cnty Court Judie Filing fees 0 0,00 0,00 0,00
Cf: Oist Court District & Family L._ 0 0,00 0.00 0.00
CF: Dist COurt Other Qlvorc./Family L._ 0 0.00 0,00 0.00
CF: 01st Court Indi9 fillng Fees 0 0.00 0.00 0,00
Report Sub Total 0 0.00 0,00 0,00
Total Doe For This Per-1od 59 1.540,91 198.26 1.342.65
THE STATE OF TExAS !lefo,"" me, the undersigned authortty. this d.y
CotJnty of Galholll1 County personally appeared Nancy P~kal. Justice of the
Peace. Precinct No 5. Calhoun County, Texas, 'odlo
being auly sworn. deposes and says that the above
a~reg01ng report is ue and correct,
Witness Ir\Y hand thiS.J-1 -
50 3:Jlld
S l::Jd 00 NnOHlIIO
,91>~-E85-,9E
1>0:50 S00Z/E,/50
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329
VOTER TABULATION SYSTEM AND SERVICES AGREEMENT BETWEEN ELEcnON
SYSTEMS AND SOFTWARE. tNC AND CALHOUN COUNTY. TEXAS:
AMotion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve
Voter Tabulation System and Services Agreement between Election Systems and Software, Inc
and Calhoun County, Texas. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all
voted in favor. J
e
ELECTION SYSTEMS & SOFTWARE, INC.
VOTER TABULATION SYSTEM AND SERVICES AGREEMENT
This Agreement is made as of the date it is executed by the last of the parties named beiow (the
"Effective Date"),
BETWEEN:
AND:
Election Systems & Software, Inc" a Delaware corporation ("ES&S");
Calhoun County, Texas ("Customer").
IF THE FOLLOWING TERMS AND CONDITIONS CONFLICT WITH THE TEXAS BUILDING AND
PROCUREMENT COMMISSION'S TERMS AND CONDITIONS, THE TBPC's TERMS AND CONDITIONS WILL
TAK.E PRECEDENCE
RECITALS:
A, Customer has agreed to purchasellicense voter tabulation equipment and related software and services
from ES&S for use in Calhoun County, Texas (the "Jurisdiction"), The terms and conditions under which
such equipment, software and services shall be prOVided are set forth in the GENERAL TERMS attached
hereto,
B. The following Exhibits are incorporated into, and constitute an integral part of, this Agreement (check all
that apply):
_X Exhibit A (Pricing Summary)
_X
_X
Exhibit B (ES&S Equipment Description and Pricing)
Exhibit C (ES&S Software Description and Pricing)
e
_X Exhibit 0 (Election Support Services)
_X Exhibit E (Hardware and Software Maintenance and Support Services (Post-Warranty Period))
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, each of the parties hereto:
Agrees to the GENERAL TERMS and the terms and conditions set forth in each Exhibit attached hereto
and incorporated herein.
Agrees that at all times, this Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to conflicts of law principles that would require the application of the
laws of any other state,
Represents and warrants to the other party that as of the date of its signature below it has full power and
authority to enter into and perform this Agreement, and that the person signing below on its behalf has
been properly authorized to execute this Agreement.
Acknowledges that it has read this Agreement, understands it and intends to be bound by it.
ELECTION SYSTEMS & SOFTWARE, INC,
11208 John Galt Boulevard
Omaha, NE 68137 .
Fax No.: (402) 97
CALHOUN COUNTY, TEXAS
211 S Ann Street
Port Lavaca, TX 77979
Fax No,: (361) 553-4442
7'AuL P ~f""I-
Signature
Michael J. Pfeifer
Name (Printed or Typed)
Calhoun County Judge
Title
September 22. 2005
Date
e
Title
Signature
m/)rna.s FtJl3n-tr;
Name (Printed or Typed)
f3FD
q,?Cj 05
Date
330
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GENERAL TERMS
ARTICLE 1
DEFINITIONS
All capitalized terms used, but not otherwise defined, in these General Terms or in an
Exhibit shall have the following meanings:
a, "Documentation" means the operating instructions, user manuals or
training materials for the Equipment and Software,
b. "Equipment" means ES&S Equipment.
c, "ES&S EqUipment" means ES&S' proprietary hardware or other
equipment.
d, "ES&S Hardware Maintenance Services" and "ES&S Software
Maintenance and Support" means those services described on Exhibit E,
e. "ES&S Software" means ES&S' proprietary election software (including
the ES&S Firmware), all Updates and items delivered to Customer under this
Agreement, unless licensed pursuant to a separate written agreement.
f, "Software" means ES&S Software.
ARTICLE 2
SALE OF ES&S EQUIPMENT AND LICENSE OF ES&S SOFTWARE
2,1 Purchase Terms. Subject to the terms and conditions of this Agreement, ES&S
agrees to sell, and Customer agrees to purchase, the ES&S Equipment described on Exhibit 8,
The payment terms for the ES&S Equipment are set forth on Exhibit A. Title to the EqUipment
shall pass to Customer when Customer has paid ES&S the total amount set forth on Exhibit A
for the ES&S Equipment, ES&S Software,
2,2 a, Grant of Licenses. Subject to the terms and conditions of this
Agreement, ES&S hereby grants to Customer nonexclusive, nontransferable licenses to use the
ES&S Software, described on Exhibit C, and ES&S' firmware, which is delivered as part of the
ES&S EqUipment ("ES&S Firmware"), and related Documentation in the Jurisdiction while
Customer is using the ES&S EqUipment. The licenses allow Customer to use and copy the
ES&S Software and ES&S Firmware (in object code only) and the Documentation, in the course
of operating the ES&S Equipment and solely for the purposes of defining and conducting
elections and tabulating and reporting election results in the Jurisdiction, The licenses granted in
this Section 2,2 do not permit Customer to use the source code for the ES&S Software or ES&S
Firmware,
b, Prohibited Uses. Customer shall not take any of the following actions
with respect to the ES&S Software or the Documentation:
i. Reverse engineer, decompile, disassemble, re-engineer or
otherwise create, attempt to create, or permit, allow or assist others to create, the
source code or the structural framework for part or aU of the ES&S Software;
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ii. Cause or permit any use, display, loan, publication, transfer of
possession, sublicensing or other dissemination of the ES&S Software or
Documentation, in whole or in part, to or by any third party without ES&S' prior
written consent; or
iii. Cause or permit any change to be made to the ES&S Software
without ES&S' prior written consent; or
iv. Cause or permit any copying, reproduction or printing of any
output generated by the ES&S Software in which ES&S owns or claims any
registered or common law proprietary intellectual property rights (e,g" copyright,
trademark or patent), including, but not limited to, any ballot shells or ballot code
stock.
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2.3 License Fees, In consideration for ES&S' grant of the license for the ES&S
Software described in Section 2.2(a), Customer shall pay ES&S the ES&S Software License
Fees set forth on Exhibit A. The consideration for ES&S' grant of the license for the ES&S
Firmware is included in the cost of the ES&S Equipment.
2.4 Term of Licenses, The licenses granted in Section 2,2(a) shall commence
upon the delivery of the ES&S Software described in Section 2,2(a), The licenses shall survive
the termination of all other obligations of the parties under this Agreement and the termination of
all Exhibits; provided, however, that ES&S may terminate either license if Customer fails to pay
the consideration due for, or breaches Sections 2,2(b), 2.3, or 3.6 with respect to, such license.
Upon the termination of either of the licenses granted in Section 2,2 for ES&S Software or upon
Customer's discontinuance of the use of any ES&S Software, Customer shall immediately
return such ES&S Software and the related Documentation (including any and all copies
thereof) to ES&S, or (if requested by ES&S) destroy such ES&S Software and Documentation
and certify in writing to ES&S that such destruction has occurred,
2,5 Updates, During the Warranty Period (as defined in Section 3.2(a) below),
ES&S may provide new releases, upgrades or maintenance patches to the ES&S Software,
together with appropriate Documentation ("Updates"), on a schedule defined by ES&S,
Customer is responsible for obtaining any upgrades or purchases of third party items required to
operate the Updates. All Updates shall be deemed to be ES&S Software for purposes of this
Agreement upon delivery, Customer may install the Updates in accordance with ES&S'
recommended instructions or may request that ES&S install the Updates, ES&S may charge
Customer at its then-current rates to (i) install the Updates or (ii) provide maintenance and
support on the ES&S Software that is required as a result of Customer's failure to timely or
properly install an Update. Upon termination of the Warranty Period, Customer shall be entitled
to receive the Software Maintenance and Support described on Exhibit E if it has so elected in
Section B of the signature page to this Agreement.
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ARTICLE 3
MISCELLANEOUS
3,1 Delivery; Risk of Loss, ES&S antiCipates shipping the EqUipment and Software
identified on Exhibits B-C to Customer on or before the "Estimated Delivery Dates" listed on
Exhibit A. The Estimated Delivery Dates are merely estimates and may be revised by ES&S
because of delays in executing this Agreement, changes requested by Customer, delays in
certification, and other events, ES&S will notify Customer of revisions to the Estimated Delivery
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Dates as soon as ES&S becomes aware of such revisions. Risk of loss for the Equipment and
Software shall pass to Customer when such items are delivered to Customer's designated
location, Upon transfer of risk of loss to Customer, Customer shall be responsible for obtalnfng
and maintaining sufficient casualty insurance on the Equipment and Software and shall name
ES&S as an additional insured thereunder until all amounts payable to ES&S under this
Agreement have been paid by Customer.
3,2 Warranties.
a, ES&S EquipmentlES&S Software, ES&S warrants that for a 3-year
period with respect to the ES&S Equipment, and for a 1-year period with respect to the
ES&S Software (the "Warranty Period"), it will repair or replace any component of the
ES&S Equipment or ES&S Software Which, while under normal use and service: (i) fails
to perform in accordance with its Documentation in all material respects, or (iI) is
defective in material or workmanship, The Warranty shall not include the repair or
replacement of any ES&S Equipment components that are consumed in the normal
course of operating the EqUipment, including printer ribbons, paper rolls, batteries,
removable memory packs, and PCMCIA cards, The Warranty Period will commence
upon delivery, Any repaired or replaced item of ES&S Equipment or ES&S Software
shall be warranted only for the unexpired term of the Warranty Period. All replaced
components of the ES&S Equipment or ES&S Software will become the property of
ES&S, This warranty is effective provided that (I) Customer promptly notifies ES&S of
the failure of performance or defect and is otherwise in compliance with its obligations
hereunder, (1/) the ES&S Equipment or ES&S Software to be repaired or replaced has
not been repaired, changed, modified or altered except as authorized or a'pproved by
ES&S, (1/1) the ES&SEquipment or ES&S Software to be repaired or replaced is not
damaged as a result of accident, theft, vandalism, neglect, abuse, use which is not in
accordance with instructions Or specifications furnished by ES&S or causes beyond the
reasonable control of ES&S or Customer, including acts of God, fire, riots, acts of war,
terrorism or insurrection, labor disputes, transportation delays, governmental regulations
and utility or communication interruptions, and (IV) Customer has installed and is using
the most recent Update, or the second most recent Update, provided to it by ES&S,
This warranty is void for any units of equipment which: (i) have not been'stored in a
temperature range between -4. to +140. F (-20. to +60. C), (iI) have been severely
handled so as to cause mechanical damage to the unit, or (Iii) have been operated or
handled in a manner inconsistent with reasonable treatment of an electronic product.
b, Exclusive Remedies. IN THE EVENT OF A BREACH OF
SUBSECTIONS 3.2(a) or 3.2(b), ES&S' OBLIGATIONS, AS DESCRIBED IN SUCH
SUBSECTION, ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. ES&S
EXPRESSL Y DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
3.3 Maintenance For ES&S Equipment Durinq Warranty Period, During the
Warranty Period, subject to Customer's payment of the fees set forth on Schedule E-1,
Customer is entitled to the Maintenance Services in accordance with Article 1/, Subsection 1 (b)
of Exhibit E, Upon the termination of the Warranty Period, Customer shall be entitled to receive
the Hardware Maintenance Services described on Exhibit E,
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3.4 Limitation Of Liabilitv. Neither party shall be liable for any indirect, incidental,
punitive, exemplary, special or consequential damages of any kind whatsoever arising out of or
relating to this Agreement. Neither party shall be liable for the other party's negligent or willful
misconduct. ES&S' total liability to Customer arising out of or relating to this Agreement shall
not exceed the aggregate amount to be paid to ES&S hereunder. Any action by Customer
against ES&S must be commenced within one (1) year after the cause of action has accrued,
By entering into this Agreement, Customer agrees to accept responsibility for (a) the selection of
the Equipment and Software to achieve Customer's intended results; (b) the use of the
Equipment and Software; (c) the results obtained from the use of the Equipment and Software;
(d) the selection of, use of and results obtained from any equipment, software or services not
provided by ES&S and used with the Equipment or Software; or (e) user errors, voter errors or
problems encountered by any individual in voting that are not otherwise a' result of the failure of
ES&S to perform. ES&S shall not be liabie under this Agreement for any claim, damage, ioss,
judgment, penalty, cost, amount paid in settlement or fee that is caused by (y) Customer's
failure to timely or properly install and use the most recent Update, or the second most recent
Update, provided to it by ES&S or (z) Customer's election not to receive, or to terminate, the
Hardware Maintenance Services or the Software Maintenance and Support
3,5 Taxes; Interest. Customer shall provide ES&S with proof of its tax-exempt
status, If Customer does not provide such proof, it shall pay, or shall reimburse ES&S for, all
sales and use, excise or other similar taxes imposed on the transactions contemplated by this
Agreement; provided, however, Customer shall in no event be liable for taxes imposed on or
measured by ES&S' income. If Customer disputes the applicability of any tax to be paid
pursuant to this Section 3.5, it shall pay the tax and may thereafter seek a refund. Any disputed
or undisputed payment not paid by Customer to ES&S when due shall bear interest from the
due date at a rate equal to the lesser of one and one-half percent (1,5%) per month or the
maximum amount permitted by applicable law for each month or portion thereof during which it
remains unpaid.
3,6 Proprietary Riqhts. . Customer acknowledges and agrees as follows:
a. ES&S owns the ES&S Software, all Documentation and training materials
provided by ES&S, the design and configuration of the ES&S Equipment and the format,
layout, measurements, design and all other technical information (except for Customer
supplied information such as election information) associated with the ballots to be used
with the ES&S Equipment. Customer has the right to use the aforementioned items to
the extent specified in this Agreement. ES&S also owns all patents, trademarks,
copyrights, trade names and other proprietary or intellectual property in, or used in
connection with, the aforementioned items. The aforementioned items also contain
confidential and proprietary trade secrets of ES&S that are protected by law and are of
substantial value to ES&S.
b,
engineering,
Software,
Customer shall not cause or permit the adaptation, conversion, reverse
disassembly or decompilation of any of the ES&S Equipment or ES&S
c. Customer shall keep the ES&S Software and related Documentation free
and clear of all claims, liens and encumbrances and shall maintain all copyright,
trademark, patent or other intellectual or proprietary rights notices that are set forth on
the ES&S Equipment, the ES&S Software, the Documentation, training materials and
ballots that are provided, and all permitted copies of the foregoing,
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3.7 Indemnification, Customer shall to the extent allowed by law indemnify and
hold harmless ES&S from and against any and all Adverse Consequences arising out of or
reiating to the following:
a, Any Third Party Infringement Claim resulting from (i) Customer's failure to
timely or properly install and use any Update provided to it by ES&S; (il) the use of any
ES&S Equipment or ES&S Software in combination with other equipment, hardware or
software not meeting ES&S' specifications for use with such ES&S Equipment or ES&S
Software; or (iii) Customer's modification or alteration of any item of ES&S Equipment or
ES&S Software without the prior written consent of ES&S;
b, Any claims by Third Parties arising out of or relating to the use or misuse
by Customer, its employees and any other persons under its authority or control
("Customer's Representatives") of any third party items;
c, Personal injury (including death) or property damage that is caused by
any negligent or willful act, error or omission of one or more of Customer's
Representatives; and
d, Customer's election not to receive, or to terminate, ES&S Hardware
Maintenance Services or ES&S Software Maintenance and SUpport.
ES&S shall notify Customer immediately if it becomes aware of any claim for which it may be
entitled to indemnification under this Section 3,7, and hereby gives Customer full and complete
authority, and shall provide such information and assistance as is necessary (at Customer's
expense with respect to reasonable out-of-pocket costs), to enable Customer to defend,
compromise or settle any such claim,
3,8 Excusable NonDerformance, Except for obligations to make payments
hereunder, if either party is delayed or prevented from performing its obligations under this
Agreement as a result of any cause beyond its reasonable control, including acts of God, fire,
riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental
regulations and utility or communication interruptions, the delay shall be excused during the
continuance of, and to the extent of, such cause, and the period of performance shall be
extended to the extent necessary to allow performance after the cause of delay has been
removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually
agreeable alternatives in order to minimize the negative impact of any such delay.
3.9 Term: Termination. This Agreement shall be effectiVe on the Effective Date,
The parties acknowledge and agree that certain of the Exhibits contain separate termination
provisions, and that the termination of any Exhibit shall not constitute a termination of any other
Exhibit or of the Agreement as a whole. This Agreement may be terminated, in writing, at any
time by either party if the other party breaches any material provision hereof and does not cure
such breach within thirty (30) days after it receives written notification thereof from the non-
breaching party,
3.10 AssiQnment. Except in the case of a sale, transfer or assignment of all or
substantially all of the assets of ES&S to a successor who has asserted its intent to continue the
business of ES&S, neither party may assign or transfer this Agreement or assign, subcontract or
delegate any of its rights, duties or obligations hereunder without the prior written consent of the
other party hereto, such consent not to be unreasonably withheld or conditioned, nor unduly
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delayed. ES&S may assign its right to receive payments under this Agreement to such third
party(ies) as ES&S may desire without the prior consent of Customer, provided that ES&S
provides written notice (including evidence of such assignment) to Customer thirty (30) days in
advance of any payment(s) so assigned.
3,11 Notice, Any notice or other communication required or permitted hereunder
shall be in writing, and will be deemed given when (a) delivered personally, (b) sent by
confirmed fax, (c) sent by commercial overnight courier (with written verification of receipt) or (d)
sent by registered or certified mail, return receipt requested, postage prepaid, when the return
receipt is received, All communications shall be sent to the attention of the persons listed on
the signature page to this Agreement and at the addresses or fax numbers set forth on such
signature page unless other names, addresses or fax numbers are provided by either or both
parties in accordance herewith,
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3.12 Disputes.
a, Payment of Undisputed Amounts, In the event of a dispute between
the parties regarding (1) a product or service for which payment has not yet been made
to ES&S, (2) the amount due ES&S for any product or service, or (3) the due date of any
payment, Customer shall nevertheless pay to ES&S when due ail undisputed amounts,
Such payment shall not constitute a waiver by Customer or ES&S of any of its rights and
remedies against the other party,
b. Remedies for Past Due Undisputed Pavments. If any undisputed
payment to ES&S is past due more than thirty (30) days, ES&S may suspend
performance under this Agreement until such amount is paid. If Customer's payment is
past due for more than sixty (60) days and is undisputed, ES&S may declare the total
amount remaining due under this Agreement to be immediately due and payable, enter
the premises where the ES&S EqUipment is located and remove them,
3,13 Other. ES&S is providing Equipment, Software and services to Customer as an
independent contractor, and shall not be deemed to be a "state actor" for purposes of 42 U.S.C,
S 1983, ES&S may engage subcontractors to provide certain of the Equipment, Software or
services, but shall remain fully responsible for such performance, The provisions of Article 2
and Sections 3,2(b), 3.4-3.9, 3,11 and 3,12(b) of these General Terms shall survive the
termination of this Agreement, to the extent applicable,
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[END OF GENERAL TERMS]
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EXHIBIT A
PRICING SUMMARY
Sale Summ<!!'L=
Description Refer to Amount
ES&S ~uipment Exhibit B $334,684
ES&S Software License Fees Exhibit C NIA
Election S'!QIl.ort Services Exhibit D $27,800
Shipping and Handiing Note 1 Included
Discount . .1$34,77QL
Total Net Sale $327,714
Terms & Conditions:
Note 1: Any applicable state and iocal taxes are not included, and are the responsibility of Customer, See
Section 3.5. The cost of Shipping and Handiing is included, Premium or rush transportation services incurred in
connection with deiiverables included in the Total Net Sale are additive and will be billed as incurred,
Note 2: Pavment terms are as follows:
75% of Total Net Saie Due Thirty (30) Calendar Days after Equipment Deiivery
25% of Total Net Sale Due on the earlier of (a) Sixty (60) Calendar Days after Equipment Deiivery, or (b)
Customer's rec~ of HAVA Funds
Note 3: Services in excess of those set forth in Exhibit D shall be charged at the then current rates per day,
includi'!.9.. expenses,
Note 4: ES&S anticipates delivering the Equipment and Software in accordance with Section 3.1 as follows:
EouiomenUSoftware Estimated Deliverv Date
ES&S E:,quipment Septem ber 2005
Warrantv:
ES&S Equipment Warranty Period: October 2005 September 2008 3 years
See Section 3,2 for Warran!xJerms and conditions
Ol}goill9 Services:
Description Refer to Annual Fee
Maintenance Services during Warranty Period; Payment is due 30 days Section 3,3 See Schedule
after invoice. E-1 for Fees
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Post Warranty Hardware Maintenance Services -.l Exhibit E $17,962
Services commence in 2008.
Fees reflect a one-year term,
Payment is due at the start of the maintenance-E,eriod,
Post Warranty Software Maintenance & S'!QIl.ort Services I ..l
- ES&S Firmware J. Exhibit E I $1,795
Services commence in 2006.
Fees reflect a one-year term.
P~ment is due at the start of the maintenanceyeriod.
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EXHIBIT B
ES&S EQUIPMENT DESCRIPTION AND PRICING
TOTAL
QUANTITY DESCRIPTION PRICE
1 Mode; 650 Scanner (Version 1,2,0.0) with Table, Start-up Kit, Dust Cover, $64,500
and Operators Manual
50 ES&S AutoMARK Voter Assist Terminal (Version 1,0.121) with Table, Ink $270,000
CartridQe, 256mb Flashcard, Privacy Sleeve (2), and Headset
23 AutoMARK Ballot Sleeves $184
TOTAL $334,684
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EXHIBIT C
ES&S SOFTWARE DESCRIPTION AND PRICING
NUMBER OF
LICENSES
DESCRIPTION
Unity Election System licensed pursuant to Section 2.2(a) of the General
Terms:
Data Manager (Version 7,2.1,0) NIA
Ballot image Manager (Version 7,2.0,0) N/A
iVotronic Image Man<l,ger (Version 1,2,3,0) NIA
Ballot on Oem and with Okidata 9300DXN Ballot on Demand Printer NIA
Hardware Programming Manager (Version 5,0.3,0) NIA
Data Acquisition Manager (Version 5,0,3,1) N/A
Reporting Manager (Version 6.4.3,0) N/A
ES&S Firmware (see Notes 1 and 2 below) 1
Total License Fees (including all applicable Documentation) N/A
Note 1: ES&S Firmware versions may change between execution of the Agreement and first election
usage due to ongoing certification of Updates,
Note 2: ES&S Firmware license fee included in the total cost of the ES&S Equipment.
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EXHIBIT D
ELECTION SUPPORT SERVICES
1. Term. The services described herein shall be provided for the following elections
(the "Elections"):
November 2005
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2, Services. The election support services to be provided by ES&S, a description of
such services and total fees are described below, Customer acknowledges that ES&S' fees for
election support services are based on the descriptions listed in the table below, and that a
change in the descriptions may require ES&S to change the fees charged to Customer, For
purposes of ES&S' provision of Election Support Services under this Agreement, a "Service
Day" shall mean the performance of any agreed upon Election Support Services on or off of
Customer's facilities, as applicable, by one (1) ES&S employee, contractor or agent on anyone
(1) calendar day or portion thereof. By way of example, "ten Service Days" could be used by
Customer through the provision of Election Support Services by one (1) ES&S employee,
contractor or agent on each of ten (10) different calendar days, two (2) ES&S employees,
contractors or agents on each of five (5) different calendar days, or ten (10) ES&S employees,
contractors or agents on one (1) calendar day,
Primary
Role/Function Area of Work or Description ResDonsibilitv
Shipping Dispose of shipping materials (boxes, packaging, etc.) Customer
Material
Training ES&S will provide classroom-style training with hands-on practice with ES&S
ES&S the AutoMARK Voter Assist Terminal. General operations and general
AutoMARK maintenance procedures will be covered. Course participant manuals
Voter Assist are included. Class size limited to 20.
Terminal
Training - ES&S will provide classroom~style training with hands-on practice using ES&S
Model 650 the Model 650 Scanner. General operations, tabulation procedures,
Scanner backups and general maintenance procedures are covered. Class size
is limited to 20.
Training Poll ES&S agrees to conduct Poll Worker 'Train the Trainer" classes. Class ES&S
Worker Train size is limited to 20. Manuals are provided (up to 20), and a master
-The-Trainer temnlate for dunlication for Poll Workers is included.
Election Day ES&S will provide software accumulation assistance on Election ES&S
SUDDort Dav/Niaht af each contracted election.
Project A project manager appointed by ES&S shall be responsible for the ES&S
Management overall planning, communication, management and coordination of
ES&S Services. This person shall be the liaison for Customer with
ES&S as it pertains to all products, services and obligations set forth in
the contract.
Total Election Support Service Days: 17
Total Fees: $21,800
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Primary
Role/Function Area of Work or Description Responsibility
Installation - ES&S will inspect the Model 650 Scanner at the customer's delivery ES&S
Model location to make sure it is operating properly and is within
650Scanner snecifications for tabulatinn election dav ballots,
Installation ES&S will inspect the AutoMARK Voter Assist Terminal at the ES&S
ES&S customer's delivery location to make sure it is operating properly and
AutoMARK is within specifications for tabulating election day ballots.
Voter Assist
Tenninal
Total Installation Fees: $6,000
[END OF EXHIBIT D]
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EXHIBIT E
MAINTENANCE SERVICES
(POST-WARRANTY PERIOD)
ARTICLE I
GENERAL
1, Term: Termination. This Exhibit E shall be in effect from the date on which the
Warranty Period expires until the first anniversary thereof (the "Hardware Maintenance Term").
The Hardware Maintenance Term shall automatically renew for an unlimited number of
successive one year periods until this Exhibit E is terminated by the first to occur of (a)
Customer's election to terminate it at any time, notice of which election shall be given to ES&S
at least sixty (60) days prior to the termination date, (b) the date that is thirty (30) days after
either party notifies the other that the other has materially breached this Exhibit E, and the
breaChing party fails to cure such breach within such 30-day period, or (c) the date that is thirty
(30) days after Customer fails to pay any amount due ES&S under this Exhibit E, The
termination of this Exhibit E shall not relieve Customer of its liability to pay any amounts due
ES&S hereunder.
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2, Fees. In consideration for ES&S' agreement to provide Hardware Maintenance
Services and Software Maintenance and Support under this Exhibit E, Customer shall pay to
ES&S the Hardware Maintenance and Software Maintenance Fees set forth on Schedule E1 for
the initial Term and each renewal period, The Hardware Maintenance and Software
Maintenance Fees for the initial Term are due on the date of the expiration of the Warranty
Period, ES&S may increase the Hardware Maintenance and Software Maintenance Fees for a
renewal period by not more than 5% of the amount of the most recent Fees paid by Customer.
The Hardware Maintenance and Software Maintenance Fees for any renewal period shall be
due and payable no later than thirty (30) days prior to the beginning of such renewal period,
The Software Maintenance Fee shall be comprised of (i) a fee for the Software Maintenance
and Support provided for the ES&S Firmware, and (iI) a fee for the Software Maintenance and
Support provided for all other ES&S Software, and shall be in addition to any fees or charges
separately referred to in any Section of this Exhibit E or the Agreement. If Customer elects to
receive Software Maintenance and Support for an Add-On or New Product during the Term or
any renewal thereof, ES&S will charge an incrementai Software Maintenance Fee for such
services.
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ARTICLE II
HARDWARE
1, Maintenance Services, The Hardware Maintenance Services to be provided to
Customer under this Exhibit E for the ES&S Equipment listed on Schedule E1 (the "Products")
shall be subject to the following terms and conditions:
a, Inspection, If Customer has elected not to receive Hardware
Maintenance Services under this Exhibit E for a period of twelve (12) months or more,
ES&S may require Customer to allow it to inspect the Products before it provides any
Hardware Maintenance Services. The purpose of such inspection shall be to determine
whether or not the Products are fit for the ordinary purposes for which they are to be
used, normal wear and tear excepted ("Normal Working Condition"), The cost of such
inspection will be at the current published ES&S rate plus ES&S' Out-of-Pocket
Expenses, and shall be due from Customer within thirty (30) days of its receipt of ES&S'
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invoice therefore, If any of the Products is not in Normal Working Condition, ES&S, at
the option of Customer, (i) shall provide such repairs and replacements as ES&S deems
reasonable and necessary to restore such Product(s) to Normal Working Condition, at
Customer's expense with respect to the cost of any parts used in such repairs or
replacements, or (Ii) shall not provide any Hardware Maintenance Services with respect
to such Product(s), For purposes of this Exhibit E, "Out-Of-Pocket Expenses" shall
mean all travel, meal and lodging expenses incurred by ES&S employees or authorized
representatives ("ES&S Representatives") who are required to travel to Customer's
Designated Location to provide services. Customer's "Designated Location" shall mean
Customer's owned or leased facility at which Customer desires ES&S to perform the
Hardware Maintenance Services, Customer's Designated Location is specified on
Schedule E1,
b, Routine Maintenance Services. An ES&S Representative shall provide
such services as may be necessary to keep the Products in Normal Working Condition
("Routine Maintenance Services') once each twelve (12) months during the Hardware
Maintenance Term or any renewal thereof. Customer may request that Routine
Maintenance Services be performed more than once during any such 12-month period,
Any such request shall be made at least sixty (60) days before the Routine Maintenance
Services are desired. The per-unit fee for such additional Routine Maintenance Services
is set forth on Schedule E1 and shall be due within thirty (30) days after invoice. Routine
Maintenance Services shall include cleaning, lubrication and calibration services, At the
request of Customer, ES&S shall provide a reasonably detailed record of all Routine
Maintenance Services performed with respect to one or more Products. The Routine
Maintenance Services will be provided either at Customer's Designated Location or at
an ES&S-designated depot facility ("Depot"), as elected by Customer on Schedule E1,
Customer shall pay all costs associated with shipping Product(s) to a Depot, including
insurance,
c, Remedial Maintenance Services,
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i. Defects Under Normal Use and Service, If a defect or
malfunction occurs in any Product while it is under normal use and service,
Customer shall promptly notify ES&S, and ES&S shall use reasonable efforts to
restore the Product to Normal Working Condition as soon as practicable, The
services provided by ES&S pursuant to this Subsection 1 (c) (i) are referred to
herein as "Remedial Maintenance Services", ES&S shall provide the Remedial
Maintenance Services at its Depot; provided, however, that if Remedial
Maintenance Services are required for ten (10) or more Products at any given
time, Customer may elect to have them provided at its Designated Location;
provided, further, that all Remedial Maintenance Services provided for central
count equipment shall be provided at Customer's Designated Location.
Customer acknowledges that Product(s) identified on Schedule E1 as "depot
repair only" may only be repaired at a Depot. Customer shall pay all costs
associated with shipping Product(s) to a Depot, including Insurance,
ii. Defects Due to Customer Actions or Omissions, If a defect or
malfunction occurs in any Product as a result of (1) repairs, changes,
modifications or alterations not authorized or approved by ES&S, (2) accident,
theft, vandalism, neglect, abuse or use that is not in accordance with instructions
or specifications furnished by ES&S or (3) causes beyond the reasonable control
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of ES&S or Customer, including acts of God, fire, riots, acts of war, terrorism or
insurrection, labor disputes, transportation delays, governmental regulations, and
utility or communication interruptions, or if Customer does not notify ES&S within
24 hours after it knows of the defect or malfunction or is otherwise not in
compliance with its obligations hereunder, Customer shall pay ES&S for the
Remedial Maintenance Services at ES&S' then-current rates, as well as for the
cost of all parts used in connection with such Remedial Maintenance Services,
i1i. Timin!l, The date(s) on which any Remedial Maintenance
Services shall be provided shall be mutually agreed upon by ES&S and
Customer. If Customer requires ES&S to provide "emergency" Remedial
Maintenance Services (which shall be defined as Remedial Maintenance
Services that are provided within 48 hours after Customer notifies ES&S of the
need therefor), and such emergency Remedial Maintenance Services are not
needed as a result of an action, error or omission by ES&S, Customer shall pay a
surcharge, as set forth on Schedule E1,
iv, Loaner Unit. At Customer's request, ES&S shall use reasonabie
efforts to promptly make available to Customer a product that is the same as, or
substantially similar to, the Product for which Remedial Maintenance Services
are being performed (a "Loaner Unit"). If the Remedial Maintenance Services
are being performed pursuant to Subsection 1(c)(li) above, Customer shall pay
ES&S for the use of the Loaner Unit at ES&S' then-current rates including the
cost of shipping,
d. Exclusions. ES&S has no obligation under this Exhibit E to (i) assume
the obligations under any existing or expired warranty for a Third Party Item; (ii) repair or
replace Product components that are consumed in the normal course of operating the
Product, including printer ribbons, paper rolls, batteries, removable memory packs,
cancellation stamps, ink pads or red stripe pens, or (Iii) repair any Product from which
the serial number has been removed or altered. In addition, ES&S may, at any time in
its discretion, determine that any Product is no longer fit for Hardware Maintenance
Services because it is in such poor condition that it cannot practically be restored to
Normal Working Condition, or cannot be restored to Normal Working Condition at an
expense that is less than the then-current value of the Product. If such a determination
is made, ES&S shall no longer be required to provide Hardware Maintenance Services
for such Product. ES&S shall also refund to Customer an amount equal to (1) that
portion of the most recent fee paid for Hardware Maintenance Services that is
attributable to such Product, multiplied by (2) a fraction, the numerator of which is the
remaining number of days in the Hardware Maintenance Term or renewai period for
which such fee was paid and the denominator of which is the total number of days in
such Hardware Maintenance Term.
e, Sole Provider: Access. Customer shall not permit any individual other
than an ES&S Representative to provide maintenance or repairs with respect to the
Products for so long as a Hardware Maintenance Term is in effect. Customer shall
provide ES&S Representatives with all information necessary to enable them to provide
Hardware Maintenance Services. Customer shall likewise provide full access to the
Products and adequate working space for all Hardware Maintenance Services
performed at its Designated Location, including sufficient heat, lights, ventilation, electric
current and outlets,
144
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f. Storaae. When not in use, Customer shall properly store the Products in
accordance with the storage requirements established in the Documentation,
ARTICLE III
SOFTWARE
1. Services Provided, ES&S shall provide maintenance and support services for
the ES&S Software ("Software Maintenance and Support"), to enable it to perform in
accordance with its Documentation in all material respects, and to cure any defect in material or
workmanship,
2, Updates, During the Software Maintenance Term and any renewals thereof,
ES&S shall continue to provide updates in accordance with any update schedule determined by
ES&S,
3, Reinstatement of Software Maintenance and Support, If the Software
Maintenance Term or any renewal thereof expires without being renewed, Customer may
thereafter resume receiving Software Maintenance and Support upon (a) notification to ES&S,
(b) payment of all fees which would have been due to ES&S had the Software Maintenance
Term not expired, and (c) the granting to ES&S of access to the ES&S Software, so that ES&S
may analyze it and perform such maintenance as may be necessary before resuming the
Software Maintenance and Support.
4, Conditions. ES&S shall not provide Software Maintenance and Support for any
item of ES&S Software if such item requires such services as a result of (a) repairs, changes,
modifications or alterations not authorized or approved by ES&S, (b) accident, theft, vandalism,
neglect, abuse or Use that is not in accordance with instructions or specifications furnished by
ES&S, (c) causes beyond the reasonable control of ES&S or Customer, including acts of God,
fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays,
governmental regulations and utility or communication interruptions, (d) Customer's failure to
timely and properly install and use the most recent Update, or the second most recent Update,
provided to it by ES&S, (e) Customer's failure to notify ES&S within 24 hours after Customer
knows of the need for such services, or (f) if Customer is otherwise not in compliance with its
obligations under this Agreement. Any such Software Maintenance and Support shall be
proVided at the fees to be agreed upon by the parties if and when the need for such Software
Maintenance and Support arises,
5. Proprietarv Riah!$, ES&S shall own the entire right, title and interest in and to
all corrections, programs, information and work product conceived, created or developed, alone
or with Customer or others, as a result of or related to the performance of this Exhibit E,
including all proprietary rights therein or based thereon, SUbject to the payment of all Software
Maintenance Fees, ES&S hereby grants to Customer a non-exclusive license to use that portion
of such corrections, programs, information and work product that ES&S actually delivers to
Customer pursuant to this Exhibit E. All licensed items shall be deemed to be ES&S Software
for purposes of this Agreement. Except and to the extent expressly provided herein, ES&S
does not grant to Customer any right, license, or other proprietary right, express or implied, in or
to any corrections, programs, information, or work product covered by this Agreement.
:145
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Maintenance
Description (Note: ... indicates Depot Fee Per Unit, Maintenance
Year Qtv ReDair Onlv Products) I Per Year Fee In Total
Optional Preventative Maintenance During Warranty Period.
Warranty Period - 1 Model 650 Scanner $2,600 $2,600
Yr1 50 ES&S AutoMARK Voter Assist Terminal $280 $14,000
Warranty Period - 1 Model 650 Scanner $2,600 $2,600
Yr2 50 ES&S AutoMARK Voter Assist Terminal $280 $14,000
Warranty Period - 1 Model 650 Scanner $2,704 $2,704
Yr3 I 50 ES&S AutoMARK Voter Assist Terminal $291 $14,550
Post-Warranty Preventative Maintenance
First Post- 1 Model 650 Scanner $2,812 $2,812
Warranty Year
First Post- 50 ES&S AutoMARK Voter Assist Terminal $303 $15,150
Warranty Year
Second Post- 1 Model 650 Scanner $2,924 $2,924
Warranty Year
Second Post- 50 ES&S AutoMARK Voter Assist Terminal $315 $15,750
Warranty Year
Schedule E1
DESCRIPTION OF PRODUCTS
HARDWARE
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Note 1: The Per Unit Fees for more than one Maintenance event in a 12-month period,
shall be 90% of the then current maintenance fee per unit.
Note 2: The surcharge for Emergency Remedial Maintenance Services shall be 150% of
the then current maintenance fee per unit.
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Note 3: Location of Services
· Customer's Designated Location (for Preventative Maintenance)
· Depot (For Warranty Period Remedial Maintenance)
SOFTWARE
Year First Month Fee -ES&S Fee- All Other ES&S
ADDlicable Firmware Software
2006 October $1,795 N/A
2007 October $1,857 N/A
2008 October $1,919 N/A
2009 October $1,982 N/A
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AUTHORIZE EA!';EMENT FOR AEP ELECTRIC CO. TO INSTALL UNDERGROUND
UTILITIES AT CALHOUN COUNTY AIRPORT FOR NEW HANGER AND AUTHORIZE
COMMISSIONER BALAJKA TO SIGN:
A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to authorize
Easement for AEP Electric Co. to install underground utilities at Calhoun County Airport for new
hanger and authorize Commissioner Balajka to sign, Commissioner Galvan, Balajka, Fritsch,
Finster arid Judge Pfeifer all voted in favor.
Town: Port Lavaca
County: Calhoun
Submitted by: wkn
Dare: AU2USt29 2005
Description: Underl!round Electrical Service Calhoun County Airoort LeasiDl!
W.R, # 9546493
CP 460-0HfUG
REV. 10/04
EASEMENT AND RIGHT OF WAY
County of Calhoun. Texas ("Grantor"), whether one or more, for and in consideration ofTen & No/lOa Dollars ($10.00),
and other good and valuable consideration to Grantor in hand paid by AEP Texas Central Company, a Texas corporation, whose
address is P.O, Box 2121, Corpus Christi, Texas 78403 ("Grantee") the receipt and sufficiency of which is hereby acknowledged and
confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto Granree, its
successors and assigns, a perpetual easement and right of way for electric distribution lines, consisting of poles made of wood, metal,
or other materials, crossarrns. static wires, guys, wire circuits, underground cables and conduits, communication circuits, insulators,
metering equipment and all necessary or desirable appurtenances (including, but not limited to, transformers, meters, vaults, and
service pedestals) over, under, across, and upon the following described land located in Calhoun County Texas, to wit:
A 1.13 aCl"e tract described as Tract #2 of the Hollamon Estate Surface Acquistion located with the Valentine Garcia Survey,
Abstract No. 17 in the OCfiicaJ Map & Plat Records oCCalhoun County, Texas. More CuUy described in VoJume 278, Page 29
of the OfficiaJ Deed Recoreds of Calhoun County, Texas.
AEP requires a 10 foot (10') easement for its Underground/Overhead primary facilities and/or five foot (5') easement for its
Secondary Underground/Overhead electrical facilities.
Together with the right of ingress and egress over, lUlder, across and upon said land and Grantor's adjacent land for the
purpose of constructing, operating, reconstructing on poles or burying and replacing underground cables and conduits (including
necessary ditching and backfilling), enlarging, inspecting, patrolling, repairing, maintaining, upgrading and removing said lines,
circuits, underground cables and conduits, poles, wires and appurtenances; the right to relocate along the same general direction of said
lines, cables, and conduits; and the right to remove from said land all structures, obstructions, and trees and. parts thereof, using
generally accepted vegetation management practices, which may, in the sole judgment of Grantee, endanger or interfere with the safe
and efficient operation and maintenance of said lines, cables, conduits or appurtenances.
Grantor reserves the right to use the land subject to said easement and right of way in any way that will not interfere with
Grantee's exercise of the rights hereby granted. However, Grantor shall not construct or permit to be constructed any house or other
aboveground structure on or within the easement area without the express written consent of Grantee.
TO HA VB AND TO HOLD the above described easement and rights lUlto the Grantee, its successors and assigns forever.
Grantor binds himself, his heirs, assigns, and legal representatives to warrant and forever defend all and singular the above described
easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or.to claim
the same or any part thereof. .
EXECUTED thisJiL day of (<;"pitMmr
.ri.tJf)6,
~^~~~~
Name and Title
~47
ACKNOWLEDGMENT FOR ATTORNEY IN FACT, PUBLIC OFFICER, TRUSTEE, EXECUTOR,
ADMINISTRATOR, GUARDIAN, OR OTHER REPRESENTATIVE
STATE OF Texas
COUNTY OF Calhoun
This instrument was acknowledged before me on thi~ day of 6tptt mlo~ ,,;l Dl>f).
byl11lC.htttL 8oJL,; l0--
(Name of Representative)
as elil1rnl&~6flerftt,-jf,. d-
(fitle of Representative)
ofCountv of Calhoun. Texas
(Name Of Entity or Person Represented)
~~~
Notary Public. State of Texas
AMANDA GUILLEN
NOTARY PUBLIC
Sta1.e of Texas
"'--...","'"
~ btJ\\e.rl
(Printed Name)
Commission Expires: [5-~::s-t1q
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CAlHOUN COUNTY AIRPORT
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4874 FM 3084
PS # 946077804
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7.2KV-120/240 V
DS 1 0 11
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INSTALL XFRM AND UG
SECONDARY RISER FOR NEW
HANGER
Existing
Pole 1
40' 4
DS101
53838885405037,
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WIR#: 9637082
JU __~ EIlNt1JOoo9
- OWl! 9546493
WOIt; DCPo104971
Crew HQ: Vk:toria Canst Station No.:
SlaIClIOOil Name: 0C8 8310 PORT LAVACA
VoIlage: 7.2
_:1
0...: 8/1512005
Drawn By: A SANDOVAL
0010 RoqU08lod: 61312003 B.-tTRlcl(1: Y
Dete Required: 9/9120()5 Truck to Site?: Y
4 WO?: N
County. CAlHOuN
CiraritNo.:
Jab Name: CUSTOMER SERVlCE-C1-NEW SERVICE
location: 4874 FM 3084 PORT LAVN:;A, 1)(
DivRm: CP DisIrict Port lBvaca
INSTALl 50 KVAXl'RUANO 3INCli UG RISER FOR NEW HANGER.
Print,:
Map: map1 ,gst
CluacI: S53825404
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Pogo: 1 of 1
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SITE DEVELOPMENT. INDEMNITY AND UMITED EASEMENT AGREEMENT AND A
SUBMERGED LEASE AGREEMENT WITH ALCOA. INC FOR PROPOSED BREAKWATER
IMPROVEMENTS. MAGNOUA BEACH BOAT RAMP AND AUTHORIZE COUNTY JUDGE
TO SIGN:
A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve
the Site Development, Indemnity and. Limited Easement Agreement and a Submerged Lease
Agreement with Alcoa, Inc. for a Proposed Breakwater Improvements, Magnolia Bea~h Boat
Ramp and authorize Judge Pfeifer to sign. Commissioners Galvan, Balajka, Fritsch, Fmster and
Judge Pfeifer all voted in favor,
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SITE DEVELOPMENT, INDEMNITY
AND LIMITED EASEMENT AGREEMENT
THIS SITE DEVELOPMENT, IND~ITY AND LIMITED EASEMENT AGREEMENT
("Al!reement"), effective as of September , 2005, is by and among Alcoa Inc., a Pennsylvania
corporation ("Alcoa"), and the County of alhoun, Texas, a political subdivision of the State of
Texas, acting by and through its authorized County Judge after motion and vote of its
Commissioner's Court at a meeting where the requirements of public notice were met (the
"'Countv").
WIT N E SSE T H:
WHEREAS, Alcoa is requesting County approval for the Alcoa construction of a fishing pier,
boat ramp and related improvements upon certain real property in Calhoun County, Texas owned or
controlled in whole or in part by the County, which improvements will be constructed pursuant to a
Consent Decree pertaining to natural resource damages entered into between Alcoa Inc., the United
States of America, and the State of Texas by order dated February 25, 2005, in Civil Action No. 6-
04- I 19 (the "Consent Decree") entered in the United States District Court for The Southern District
of Texas, Victoria Division (the "Court") between Alcoa and the "Natural Resource Trustees"
(defined below) relating to the Alcoa Point ComfortlLavaca Bay Superfund Site; and
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WHEREAS, the County will receive substantial benefit from the Alcoa construction of such
improvements, and is authorizing the construction of such improvements and related activities in
accordance with this Agreement.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERA nON, the receipt and
sufficiency of which are hereby acknowledged for all purposes, Alcoa and the County agree as
follows:
I. Grant of Easement and Scope of Activities. The County hereby GRANTS,
BARGAINS, SELLS AND CONVEYS to Alcoa and Alcoa's agents, representatives, employees,
contractors, subcontractors, and invitees (which invitees shall include, without limitation, the
Natural Resource Trustees, hereinafter defined) an irrevocable nonexclusive easement and right of
access (the "Easement") to enter upon certain real property in Calhoun County, Texas owned or
controlled in whole or in part by the County and particularly described upon Exhibit A attached
hereto (the "Premises"), for the express purpose of conducting the following activities (the
"Activities"): (1) rehabilitate the existing rock breakwater structure and approach from beach by
adding limestone armoring/dressing material; rehabilitate existing dock by replacing rotten deck
boards and installing wall boards on left side of dock consistent with the terms of the Consent
Decree (collectively the "Improvements"); (2) after completion ofthe Improvements, conducting
certain recreational use surveys; and (3) conducting such other activities reasonably necessary or
appropriate to complete the Improvements, perform the Activities, and fulfill Alcoa's obligations
under this Agreement and the Consent Decree. Without limitation upon the foregoing, the rights
granted under the Easement shall include the irrevocable nonexclusive right of agents,
representatives, employees, contractors, and subcontractors of the National Oceanic and
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Magnolia Beach Project: SDlLE Agreement
350
Atmospheric Administration, the United States Fish and Wildlife Service, acting on behalf of the
United States Department ofInterior, the Texas Natural Resource Conservation Commission, the
Texas General Land Office, and the Texas Parks and Wildlife Department (collectively, "Natural
Resource Trustees") to access the Premises at all reasonable times for the purpose of inspecting the
Activities or the areas in the Premises impacted by the Activities (the "Premises' Work Area").
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2. Consent Decree and Conduct of Activities. All Activities shall be conducted pursuant
to this Agreement and the Consent Decree, and in a manner complying with all Permits (defined in
Section 4) relating to the Activities. Except as expressly provided in this Agreement or the Consent
Decree, Alcoa is under no obligation to the County to commence, complete or conduct any of the
Activities.
'3. General Administration of Construction ofImDrovements. Alcoa shall administer the
construction of the Improvements, subject to the requirements of this Agreement and the Consent
Decree. Alcoa may, in its sole discretion and without the approval of the County, but subject to the
terms of the Consent Decree and the othertenns of this Agreement: (i) engage architects, engineers,
contractors and other professionals with respect to the construction of the Improvements and other
Activities, and enter into agreements with the same for such work; (ii) make changes to the design
and construction of the Improvements to the extent pennitted by the Consent Decree; (iii) determine
the commencement date and work schedule for the construction of the Improvements; and (iv) take
such other actions that Alcoa deems necessary or appropriate with respect to the construction of the
Improvements and the conduct and administration of the Activities, Improvements that are
constructed by Alcoa shall be constructed in a good and workmanlike fashion and in accordance
with the Consent Decree.
4, Pennits. At its own expense, Alcoa shall secure in the name of and on behalf of
Alcoa and!or the County (as appropriate) any and all permits, registrations, leases, agreements, or
licenses (collectively, "Permits") that may be required for any of the Activities that are conducted.
The County shall cooperate fully in securing the Permits but shall bearno expense or cost to initially
secure the permits that may be required for the Activities.
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5. Insurance. At its own expense, Alcoa shall carry and maintain until the
Improvements are conveyed to the County, and shall cause its contractors performing any of the
Activities to carry and maintain, insurance policies in the following types and in no less than the
fOllowing amounts relating to the performance of the Activities:
(a) Worker's or Workman's Compensation-Statutory;
(b) Commercial General Liability (Bodily Injury) - $500,000.00 each occurrence;
(c) Commercial General Liability (Property Damage) _ $100,000.00 each occurrence!
$100,000.00 aggregate; and
(d) Comprehensive Automotive Liability - $600,000.00 Combined Single Limit.
Magnolia Beach Project: SDILE Agreement _ Page 2
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The County shall be named as an additional insured on the policies described in Sections 5(b), (c)
and (d) above. Alcoa shall furnish the County with satisfactory evidence that it has complied with
this provision prior to carrying out any of the Activities.
6. Indemnity. Alcoa agrees to protect, indemnity, defend and hold the County and its
employees, agents, representatives, successors, heirs, and assigns harmless from and against, and to
reimburse the County and its employees, agents, insurers, representatives, successors, heirs, and
assigns with respect to any and all claims, demands, causes of action, losses, damages, liabilities,
judgments, penalties, costs, and expenses (including attorneys' and experts' fees and court costs) of
any and every kind or character, known or unknown, fixed or contingent, asserted against or
incurred by the County arising from Alcoa's carrying out the Activities, but not in circumstances
where the County has been or may be negligent or has breached its obligations under this
Agreement.
7. Safety Precautions, Alcoa, during the construction of the Improvements. shall be
fully and solely responsible for securing the Premises' Work Area and shall maintain such security,
reasonable barricades and warning signs and devices as may be necessary to protect the public and
the Premises' Work Area.
8. Pavment and Liens. The County is not responsible for payments to Alcoa or any third
party for carrying out the Activities. Alcoa shall not file a lien against the Premises, nor shall Alcoa
act in such a manner as to cause a lien to be filed against the Premises by any agent, contractor, or
subcontractor that it hires to carry out the Activities.
9. Comoletion of Improvements. The construction of the Improvements shall be
deemed complete for all purposes under this Agreement when the Natural Resource Trustees issue
certification to Alcoa in accordance with the terms ofthe Consent Decree that the Improvements are
complete.
10. Transfer of Imorovements to the County. When the Improvements are deemed
complete, title to all Improvements shall be conveyed by Alcoa to the County AS IS, WHERE IS,
AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALCOA
HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES and subject to the terms and
conditions of any Permits, provided, however, that, Alcoa will assign to the County at the
completion of the Improvements all warranties (if any) running in favor of Alcoa from the contractor
or subcontractors constructing the Improvements or in favor of Alcoa from any supplier or
manufacturer with respect to the Improvements. The Improvements and related warranties (if any)
shall be transferred by instruments prepared by Alcoa and reasonably satisfactory to the County.
Subject to the terms and provisions of this paragraph. the County shall accept title to the
Improvements when completed.
II. Imorovements to Remain in Place. The Improvements shall not be removed or
materially modified in a way that would impair their intended function for at least 15 years after the
conveyance of the Improvements to the County.
12. Restoration of Premises. Upon completion of the Improvements, Alcoa. at its sole
and exclusive cost and expense and without any cost or expense to the County, shall repair any and
Magnolia Beach Project SDILE Agreement _ Page 3
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352
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all damage to the Premises (or, ifrepair is not possible. replace any damaged property) caused by
Alcoa's carrying out the Activities, and leave the Premises in the approximate same or better
condition than it was prior to commencement of the Improvements, reasonable wear and tear
excepted. Repairs and replacements, if any, shall be made and completed by Alcoa within ninety
(90) calendar days of the date upon which the Improvements have been deemed complete.
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13. County Reoresentations and Warranties. As a material inducementto Alcoa to enter
into this Agreement, the County represents and warrants to Alcoa that as of the date hereof:
(a) The County has approved the execution and delivery of this Agreement by its
authorized County Judge in accordance with the Texas Local Government Code and all other
applicable laws after motion and vote of its Commissioner's Court at a meeting where the
requirements of public notice were met. All Permits necessary to allow the performance of this
Agreement by Alcoa have been obtained, and the County has full right, power, and authority to
execute and deliver this Agreement and grant the Easement and rights herein conveyed, all without
obtaining any further Permits, consents or approvals from, or the taking of any other actions with
respect to, any third parties, This Agreement, when executed and delivered by the County and
Alcoa, will constitute the valid and binding agreement of the County, enforceable against the County
in accordance with its terms;
(b) There are no actions, suits, claims, assessments, or proceedings pending, and the
County has not received written notice of any actions, suits, claims, assessments, or proceedings that
are threatened, that could materially adversely affect the conduct of the Activities or future access to
and/or use of the Improvements by Alcoa, its agents and representatives, the Natural Resource
Trustees and the public. as contemplated by this Agreement; and
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(c) The Premises comply in all material respects with all applicable Legal Requirements,
and the County has not received written notice of any violation of, or pending or contemplated
change in, any Legal Requirements applicable to the Premises or abutting streets and alleys. There
are no Legal Requirements that prohibit or materially restrict the ability of Alcoa to conduct the
Activities at the Premises. For the purposes hereof, "Governmental Authority" means any and all
courts, boards, agencies, commissions, offices or authorities of any nature whatsoever of any
governmental unit (federal, state, county, district, municipal, city, or otherwise); and "Legal
Requirements" means (i) any and all judicial decisions, orders, injunctions, judgments, decrees and
writs, and any and all laws, statutes, rules, regulations, permits, entitlements, certificates or
ordinances of any Governmental Authority that are applicable to the Premises, as the case may be,
including, without limitation, any of the aforesaid dealing with the design, construction, ownership,
use, leasing, maintenance, service, operation or condition of real property, or zoning or
environmental matters, restrictive covenants or parking requirements, and (Ii) the terms of any
restrictive covenants or other written or oral agreements, and any and all insurance requirements,
documents or instruments. relating to the Premises or to or by which the Premises or its respective
owners may be bound or encumbered.
If any of the County's representations and warranties set forth in this Section I3 are untrue in any
material respect, then the County shall give Alcoa prompt written notice thereof. Anything in this
Agreement to the contrary notwithstanding and without limitation upon any other rights or remedies
of Alcoa, in the event there is a breach of the County's representations and warranties hereunder, the
Magnolia Beach Project: SDILE Agreement _ Page 4
4
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County, at the County's sole cost and expense, shall use its best efforts to promptly cure such
breach.
14. Assignment; Successors and Assigns, This Agreement may not be assigned by
Alcoa. The duties, obligations, and benefits to the County under this Agreement shall run with the
Premises and be binding upon the County and its successors and assigns. Without limitation upon
the foregoing, the County agrees that it will cause any and all successors or assigns to any property
rights in the Premises or the Improvements to be paid all remaining monies from the Insurance and
Maintenance Fund and to use such monies solely for the purposes described in this Agreement; and
will further cause any and all successors or assigns to any property rights in the Premises or the
.Improvements to provide access to the Natural Resource Trustees and to the general public as
provided in this Agreement.
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15, Governing Law, This Agreement is governed by the laws of the State of Texas, The
Consent Decree referenced in this Agreement shall be governed by federal law in the federal court,
16. Venue. Alcoa and the County agree that all disputes arising between them under the
terms and conditions of this Agreement shall be determined in Calhoun County, Texas.
17. Interpretation. This Agreement represents the entire agreement between Alcoa and
the County and fully supersedes all prior agreements and understandings between Alcoa and the
County and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral
agreements between Alcoa and the County. To the extent the terms and provisions of this
Agreement conflict with any of the terms and provisions of the Consent Decree, the terms and
provisions ofthe Consent Decree shall control. This Agreement cannot under any circumstances be
modified orally, and no agreement will be effective to waive, change, modify, or discharge this
Agreement in whole or part unless such agreement is in writing and is signed by both Alcoa and the
County, The captions in this Agreement are for convenience of Alcoa and the County in
identification of the several provisions and shall not constitute a part of the Agreement nor be
considered interpretive thereof. In the event any provision of this Agreement is determine<l by a
court of competent jurisdiction to be invalid or unenforceable, the remain<ler of this Agreement shall
nonetheless remain in full force and effect.
18. Further Assurances. The County and Alcoa agree to execute such other documents
and take such other actions as may be necessary to effect the terms of this Agreement.
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19. Recordation. This Agreement or a memorandum of this Agreement shall be recorded
in the Real Property Records of Calhoun County, Texas.
20. Termination, Sections I (other than the right of Alcoa to construct the
Improvements), 6, 8, I I and 14 of this Agreement shall survive the conveyance of the Improvements
to the County. All of the other terms of this Agreement shall terminate upon the conveyance of the
Improvements to the County.
Magnolia Beach Project: SDILE Agreement - Page 5
5
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In acceptance ofthe foregoing, the parties have executed this Agreement in three (3) multiple
originals on the dates set forth below,
AGREED TO AND ACCEPTED:
ALCOA INC.
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Date: /17 ~ /7 - 0.5:'
By:f~ ~taM
Title: ";~d(;r>,- ll7U/tJ~
CALHOUN COUNTY, TEXAS
,/
1- J..y ~[7)
By: ~9 Pff
Title: (ft-UA~ ~j Lf
Date:
List of Exhibits:
Exhibit A - Description of Premises
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MARYlOU K, VAlENTINE
Notary Public. State of Texas
My Commission Expires
November 12, 2006
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STATEOF / e:'l.lty )
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COUNTYOFOIt../leC(N )
D This instrument was acknowledged before me on Oe:;. / ~, 2005 by
IV/JI'I(.,/) W If1) iJ'ELL, RE'1n. m ~ t. . of Alcoa, Inc., a Pennsylvania corporation, on behalf of
said corporation.
rn~ 7( ~
Notary Pu lie in and for the State of JeF.1ls
Magnolia Beach Project: SDILE Agreement _ Page 6
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EXHffilT A
Descriotion of Premises
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[SEE ATTACHED PAGE)
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Magnolia Beach Project: SDILE Agreement _ Page 8
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ADOPT RESOLUTION FOR THE NAnONAL INCIDENT MANAGEMENT SYSTEM:
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to adopt Resolution
for the National Incident Management System, Commissioners Galvan, Balajka, Fritsch, Finster
and Judge Pfeifer all voted in favor.
A RESOLUTION ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS)
WHEREAS, Homeland Security Presidential Directive I HSPD-5, 28 Feb 2003
established the National Incident Management System (NIMS); and
WHEREAS, the NIMS establishes a single, comprehensive approach to domestic
incident management to ensure that all levels of government across the Nation have the
capability to work efficiently and effectively together using a national approach to
domestic incident management; and
WHEREAS, the NIMS provides a consistent nationwide approach for Federal,
State, and local governments to work together to prepare for and respond to, and recover
from domestic incidents regardless of the cause, size or complexity; and
WHEREAS, theNIMS provides for interoperability and compatibility among
Federal, State and local capabilities and includes a core set of concepts, principles,
tenninology and technologies covering the incident command system, unified command,
training, management of resources and reporting; and
WHEREAS, beginning October I, 2004 all Federal departments and agencies
shall make adoption of the NIMS a requirement, to the extent provided by law, for
providing Federal preparedness assistance through grants, contracts or other activities to
local governments;
NOW THEREFORE, Be it resolved that Calhoun County and the Cities of Port
Lavaca, Seadrift and Point Comfort do hereby adopt the National Incident Management
System (NIMS) as its system of preparing for and responding to disaster incidents,
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In official Recognition Thereof, we the undersigned do hereby affix our signature's in
duplicate originals this
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Sf' p+-..~ ~ ~
c S;~:t.~~~~ /~,
CQAobxy-
()C:6 be{ I \
, 2005 for the City ofpoint Comfort.
, 2005 for Calhoun County,
,2005 for the City of Port Lavaca,
,2005 for the City of Seadrift and
Attest:
Calhoun County Clerk
~h~ ~f~erf1::d;;udge
Allan Tharling, Mayor
City of Port Lavaca
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Billy , ayor
City of Seadrift
/! L~
Pam Lambden, Mayor
City ofPoint Comfort
Charlotte Felkins, City Secretary
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APPROVE CHANGES TO CALHOUN COUNTY EMERGENCY MANAGEMENT PLAN
ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM ANb AllTHORIZE
COUNTY JUDGE TO SIGN:
A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve
changes to Calhoun County Emergency Management Plan adopting the National Incident
Management System and authorize Judge Pfeifer to sign, Commissioners Galvan, Balajka,
Fritsch, Finster and Judge pfeifer all voted in .favor.
EMERGENCY
MANAGEMENT
PLAN
FOR
CALHOUN COUNTY AND THE CITIES OF
PORT LAVACA, SEADRIFT AND POINT COMFORT
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APPROVAL & IMPLEMENTATION
Calhoun County and the Cities of Port Lavaca,
Seadrift and Point Comfort r
Emergency Management Plan
This emergency management plan is hereby approved. This plan is effective immediately and
supercedes all previous editions,
..J}t{ (~J ~ /.
Calhoun Co ty dge
1'- 2- ?'-tf,S'
Date
/0- ,J 5 - .2170.5
Date
City of Po Lavaca-Mayor Pro-Tern
,,]Jx1p
City of Seadrift-Mayor Pro"Tem
~.'- (Lt/~
City of Point Comfort-Mayor
-ll- \ - 05
Date
11- ;2:.2.- CJ .5-
Date
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RECORD OF CHANGES
Basic Plan
Date
Change # of Change Change Entered By Date Entered
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TABLE OF CONTENTS
BASIC PLAN
I. AUTHORITY ..",.,'."""",.,., .,.".".,..""""",.,..""...."""", .,.,'"",....,.."""""....""""""",.,." 1
A. Federal""""."",..,.""""",."""",.,. ..",..""" ,."""", ,."..,......"."""" ,...".".""""""""""",,1
8, State ,.....""",....""",'..."""""", """".,....""",., """""""",.,."..."""""",.""""""".,"",,1
C, Local., .... ... ...."""",.. ....."'.,,, ,....""""" ......" ,........"""",'.,... ,.....,.",.."" ,.. ,."".,.""",.,..,,1
II. PURPOSE".""""..,.."""".,.."""""" ,.,".........""", """"'...""""",, '.""",'.,.'",,'..,....., ,,""" 1
III. EXPLANATION OF TERMS .........................,.,... ..........................,.....,...................,....2
A. Acronyms"""""""",..""."""" ,..,'"."...""""", .......,'"""""""", ........""""", '., ...,2
B, Definitions""""".,..""""",.."""",.""".""""",.."",.""""""""......""""""""...""""""", 2
IV. SITUATION AND ASSUMPTIONS.. ,.....,..""".."""", ,......, ... ,.......""" ,.........""..",.""",.."..5
A. Situation"""""..,.""""".""""""".,."".."""",.,.."""""",."""". ,.,.""", '....,.""", ,...... ...... 5
8. Assumptions"..""""",.""",."",.""""..,."...""""""."",."..,....""""""",..,.""""""""".., 6
V, CONCEPT OF OPERATIONS....""""" ,.....""", '....""""'."""",, ........"""'.",, ......" ...,... ,.",,6
A. Objectives""""""".."."",.", """""",..,.."'.",,, """"."""",'..."", ....""""""""",.""."",,6
B. General""".. ,.,""""""""',..."""",.."""",."""""",..""""",.. ,..""""""""""""..."""".",6
C, Operational Guidance"","'" ,...""'..",,, ,......."" ,...."""",'.."",.." ,....""""'...,, ,. ,.,.,.... ,."",8
D, Incident Command System (ICS) ',.,...,...,",......"."""."..,....,......,.....................,...,.......",9
E. ICS - EOC Interface ........,................................"""......,....................,.,...........................9
F, State, Federal & Other Assistance................"........,...........................,........,..............,10
G, Emergency Authorities "',.,.........,"",.........,..,........,...,..""..""",..............""".........,'..", 11
H. Actions by Phases of Emergency Management .....................,....................................., 12
VI. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES ..................................., 13
A. Organization"...."..."""..,....,..."""".. .......""", ....."""",'... ...................."""......,..."".,., 13
8, Assignment of Responsibilities ',.........,..,"",....".""..,..,....."..,........"""."..,,...............", 14
VII. DIRECTION AND CONTROL.................".",.., ""',..."""..."".." ..,',...."""'..,..,..,.."",,., '.. 24
A. General......"."""",.."""""".."..",..,..,..""""...."",.""",...",.." ...........,..,..", ..............",24
8, Emergency Facilities",.""",..,..,...""",.. ......",..."""....,.. ......." '..".""..,.,. ........"" .......",25
C, Line of Succession ....,............, ........,............................. .............................. ..............26
VIII. READINESS LEVELS........."",..""",.....".."""" ,..,"",.,..,"",..,'"",.,'.....,....""""..,.""",... 26
IX. ADMINISTRATION AND SUPPORT...............
.............................................................
,..29
A. Agreements and Contracts,.""".........".."", .....,"",."""..,."", .....,..."""", ..........".......,.29
B. Reports.,",.. ......,",.,""',..,"",.""""",....",.,.."",.,......, ......,...,...""""..,., ......."",'.""",'.. 29
2, Preservation of Records """".,.. '" ',."""",.""",..""" '.., "'" .........""..""",..", .."", "'" "',' 30
D, Training..".."",.""""""",.""""..""..""..",.",..""", .............".,"",..,."""""""",."""",.. 30
E. Consumer Protection..."""".""",.""",....."".,........""".."""...."",..,.."..,...""",."""".,. 31
F, Post-Incident and Exercise Review...................,........,.................................,................31
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X. PLAN DEVELOPMENT AND MAINTENANCE..........,........
.............31
A. Plan Development..,..........,...,....................,.............,...... ....,......,....................... .....,...31
8. Distribution of Planning Documents..........,......,..".............."......................................,,31
C, Review...,.., ....,."". ,.",.".','. ,...",.",'." ,..."",.,..,'..""""",.""""",..."'..,...,, ,...,.,."...."".,..31
D. Update.""",., ,..."" .......""'.""",, .......',." ...."" ,.."", ...,..,.""."",.'"".,."",.""., ..."."".31
ATTACHMENTS
ATTACHMENT 1: Distrubution List ,...........................................................
....1-1
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ATTACHMENT 2: References..,.......,..................,
..........,2-1
ATTACHMENT 3: Organization for Emergency Management...........................................3-1
ATTACHMENT 4: Emergency Management Functional Responsibilities ............., ..........4-1
ATTACHMENT 5: Annex Assignments ..", ...."."" ,...""." ,.,...""",., ....."""".,...".""""",..".. 5-1
ATTACHMENT 6: Summary of Agreements & Contracts..............,..,.......................... ,...,6-1
ATTACHMENT 7: National Incident Management System Summary .........,...................... 7-1
ANNEXES (distributed under separate cover)
Annex A - Warning..........""........,.""".,..."."",."".,...., ...."....".""",.,.".,.",'.....,..".. ..."" A-1
Annex 8 - Communications...................,........................ ................................... .....' 8-1
Annex C - Shelter & Mass Care ............,..,...................................., ............., , C-1
Annex 0 - Radiological Protection............................,....,...............................,......................' 0-1
Annex E - Evacuation..,.", ,...,.."".",..""..,...",...,'." ,..""""."",.",.""..",.. ,..,.""..",..."".""..., E-1
Annex F - Firefighting..,.." ,......"""",."""..."'.,..,'.,, '..'"." ,.."".. ........"..,.. .....,..",....".,.""..., ,. F-1
Annex G - Law Enforcement,........,...,....................,....................................,......................... G-1
Annex H - Health & Medical Services....,....,........................................................................., H-1
Annex I - Public Information ,................................,.............,.........................,....................' 1-1
Annex J - Recovery.. ......"""... ,.......,......",.",., ......."". ,....",."""",..".""""" ...".""..""...",... J-1
Annex K - Public Works & Engineering ,.....,....,....................,....,....,....................., ,.... K-1
Annex L - Energy & Utilities..,......................,......................, ....,.................., ...' L-1
Annex M - Resource Management...............................................................,....,....,.............. M-1
Annex N - Direction & Control...........................,................ ................................ ....... N-1
Annex 0 - Human Services..,..,........."..........."..,..............................,....................,.,...."".... 0-1
Annex P - Hazard Mitigation................................................................,............ ....... P-1
Annex Q - Hazardous Materials & Oil Spill Response ..................................................' .. Q-1
Annex R - Search & Rescue .......,....,.......,.....,.....,..............................................., R-1
Annex S - Transportation ................... ............................ ...................... ..........., ......... S-1
Annex T - Donations ManagemenL............................, ..............,......,... ........ T-1
Annex U - Legal. ............ .......,"',.,""',.."...,",..,',..",.""...".,.,."".""."".""",.""",.""."",.."" U-1
Annex V - Terrorist Incident Response.........................,..............,................,........................ V-1
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BASIC PLAN
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I. AUTHORITY
A. Federal
1, Robert T. Stafford Disaster Relief & Emergency Assistance Act, (as amended), 42
U,S,C, 5121
2, Emergency Planning and Community Right-to-Know Act, 42 USC Chapter 116
3, Emergency Management and Assistance, 44 CFR
4, Hazardous Waste Operations & Emergency Response, 29 CFR 1910.120
5. Homeland Security Act of 2002
6, Homeland Security Presidential Directive, HSPD-5, Management of Domestic Incidents
7, Homeland Security Presidential Directive, HSPD-3, Homeland Security Advisory System
8, National Incident Management System
9. National Response Plan
10, National Strategy for Homeland Security, July 2002
11, Nuclear/Radiologicallncident Annex of the National Response Plan
B, State
1, Government Code, Chapter 418 (Emergency Management)
2. Government Code, Chapter 421 (Homeland Security)
3, Government Code, Chapter 433 (State of Emergency)
4, Government Code, Chapter 791 (Inter-local Cooperation Contracts)
5. Health & Safety Code, Chapter 778 (Emergency Management Assistance Compact)
6. Executive Order of the Governor Relating to Emergency Management
7, Executive Order of the Governor Relating to the National Incident Management System
8, Administrative Code, Title 37, Part 1, Chapter 7 (Division of Emergency Management)
9, The Texas Homeland Security Strategic Plan, Parts I and II, December 15, 2003
10, The Texas Homeland Security Strategic Plan, Part III, February 2004
C. Local
1. City of Port Lavaca Ordinance #S-4-93, dated 6-15-93 & renewed on 12-9-02,
2, City of Seadrift Ordinance dated 6-1-93 and renewed on 12-3-02,
3, City of Point Comfort Ordinance #93-04 dated 5-25-93 and renewed on 1-14-03.
4, Commissioner's Court Order dated 6-18-93 and renewed on 9-26-02,
5, Joint Resolution between the County of Calhoun and the Cities of Port Lavaca, Seadrift
and Point Comfort dated 9-25-03,
6. Inter-local Agreements & Contracts, See the summary in Attachment 6.
II. PURPOSE
This Basic Plan outlines our approach to emergency operations, and is applicable to Calhoun
County and the Cities of Port Lavaca, Sea drift and Point Comfort, It provides generai guidance
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for emergency management activities and an overview of our methods of mitigation,
preparedness, response, and recovery, The plan describes our emergency response
organization and assigns responsibilities for various emergency tasks, This plan is intended to
provide a framework for more specific functional annexes that describe in more detail who does
what, when, and how. This plan applies to all local officials, departments, and agencies, The
primary audience for the document includes our chief elected official and other elected officials,
the emergency management staff, department and agency heads and their senior staff
members, leaders of local volunteer organizations that support emergency operations, and
others who may participate in our mitigation, preparedness, response, and recovery efforts,
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III. EXPLANATION OF TERMS
A. Acronyms
AAR
ARC
CFR
DDC
DHS
EOC
FBI
FEMA
Hazmat
HSPD-5
ICP
ICS
IP
JFO
JIC
NIMS
NRP
OSHA
PIO
SOPs
SOC
TRRN
TSA
B. Definitions
After Action Report
American Red Cross
Code of Federal Regulations
Disaster District Committee
Department of Homeland Security
Emergency Operations or Operating Center
Federal Bureau of Investigation
Federal Emergency Management Agency, an element of the U,S,
Department of Homeland Security
Hazardous Materiai
Homeland Security Presidential Directive 5
Incident Command Post
Incident Command System
Improvement Plan
Joint Field Office
Joint Information Center
National Incident Management System
National Response Plan
Occupational Safety & Health Administration
Public Information Officer
Standard Operating Procedures
State Operations Center
Texas Regional Response Network
The Salvation Army
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1. Area Command (Unified Area Command), An organization established (1) to oversee
the management of multiple incidents that are each being managed by an ICS
organization or (2) to oversee the management of large or multiple incidents to which
several Incident Management Teams have been assigned, Sets overall strategy and
priorities, allocates critical resources according to priorities, ensures that incidents are
properly managed, and ensures that objectives are met and strategies followed. Area
Command becomes Unified Area Command when incidents are mult/jurisdictionaL
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2. Disaster District. Disaster Districts are regional state emergency management
organizations mandated by the Executive Order of the Governor relating to Emergency
Management whose boundaries parallel those of Highway Patrol Districts and Sub-
Districts of the Texas Department of Public Safety,
3, Disaster District Committee, The DOC consists of a Chairperson (the local Highway
Patrol captain or command lieutenant),' and agency representatives that mirror the
membership of the State Emergency Management Council. The DOC Chairperson,
supported by committee members, is responsible for identifying, coordinating the use of,
committing, and directing state resources within the district to respond to emergencies,
4. Emerqencv Operations Center. Specially equipped facilities from which government
officials exercise direction and control and coordinate necessary resources in an
emergency situation.
5, Public Information. Information that is disseminated to the pyblic via the news media
before, during, and/or after an emergency or disaster,
6, Emerqencv Situations, As used in this plan, this term is intended to describe a range of
occurrences, from a minor incident to a catastrophic disaster, It includes the following:
a. Incident. An incident is a situation that is limited in scope and potential effects.
Characteristics of an incident include:
1) Involves a limited area and/or limited population.
2) Evacuation or in-place sheltering is typically limited to the immediate area of the
incident.
3) Warning and public instructions are provided in the immediate area, not
community-wide.
4) One or two local response agencies or departments acting under an incident
commander normally handle incidents. Requests for resource support are
normally handled through agency and/or departmental channels,
5) May require limited external assistance from other local response agencies or
contractors,
6) For the purposes of the NRP, incidents include the full range of occurrences that
require an emergency response to protect life or property,
b, Emerqency, An emergency is a situation that is larger in scope and more severe in
terms of actual or potential effects than an incident. Characteristics include:
1) Involves a large area, significant population, or important facilities.
2) May require implementation of large-scale evacuation or in-place sheltering and
implementation of temporary shelter and mass care operations.
3) May require community-wide warning and public instructions,
4) Requires a sizable multi-agency response operating under an incident
commander,
5) May require some external assistance from. other local response agencies,
contractors, and limited assistance from state or federal agencies.
6) The EGC will be activated to provide general guidance and direction, coordinate
external support, and provide resource support for the incident.
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7) For the purposes of the NRP, an emergency (as defined by the Stafford Act) is
"any occasion or instance for which, in the determination of the President,
Federal assistance is needed to supplement State and local efforts and
capabilities to save lives and to protect property and public health and safety, or
to lessen or avert the threat of catastrophe in any part of the United States,"
c. Disaster. A disaster involves the occurrence or threat of significant casualties and/or
widespread property damage that is beyond the capability of the local government to
handle with its organic resources. Characteristics include:
1) Involves a large area, a sizable population, and/or important facilities.
2) May require implementation of large-scale evacuation or in-place sheltering and
implementation of temporary shelter and mass care operations.
3) Requires community-wide warning and public instructions,
4) Requires a response by all local response agencies operating under one or more
incident commanders,
5) Requires significant external assistance from other local response agencies,
contractors, and extensive state or federal assistance.
6) The EOC will be activated to provide general guidance and direction, provide
emergency information to the public, coordinate state and federal support, and
coordinate resource support for emergency operations.
7) For the purposes of the NRP, a major disaster (as defined by the Stafford Act) is
any catastrophe, regardless of the cause, which in the determination of the
President causes damage of sufficient severity and magnitude to warrant major
disaster federal assistance.
d. Catastrophic Incident. For the purposes of the NRP, this term is used to describe
any natural or manmade occurrence that results in extraordinary levels of mass
casualties, property damage, or disruptions that severely affect the population,
infrastructure, environment, economy, national morale, and/or government functions,
An occurrence of this magnitude would result in sustained national impacts over
prolonged periods of time, and would immediately overwhelm local and state
capabilities, All catastrophic incidents are Incidents of National Significance.
7. Hazard Analvsis, A document, published separately from this plan, that identifies the
local hazards that have caused or possess the potential to adversely affect public
health and safety, public or private property, or the environment.
8. Hazardous Material (Hazmat), A substance in a quantity or form posing an
unreasonable risk to health, safety, andlor property when manufactured, stored, or
transported. The substance, by its nature, containment, and reactivity, has the
capability for inflicting harm during an accidental occurrence. Is toxic, corrosive,
flammable, reactive, an irritant, or a strong sensitizer, and poses a threat to health and
the environment when improperly managed. Includes toxic substances, certain
infectious agents, radiological materials, and other related materials such as oil, used
oil, petroleum products, and industrial solid waste substances.
9. Incident of National Sianificance. An actual or potential high-impact event that requires
a coordinated and effective response by and appropriate combination of federal, state,
local, tribal, nongovernmental, and/or private sector entities in order to save lives and
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minimize damage, and provide the basis for long-term communication recovery and
mitigation activities,
10. Inter-local aoreements. Arrangements between governments or organizations, either
public or private, for reciprocal aid and assistance during emergency situations where
the resources of a single jurisdiction or organization are insufficient or inappropriate for
the tasks that must be performed to control the situation, Commonly referred to as
mutual aid agreements,
11, Stafford Act. The Robert T. Stafford Disaster Relief and Emergency Assistance Act
authorizes federal agencies to undertake special measures designed to assist the
efforts of states in expediting the rendering of aid, assistance, emergency services, and
reconstruction and rehabilitation of areas devastated by disaster.
12. Standard Ooeratino Procedures. Approved methods for accomplishing a task or set of
tasks, SOPs are typically prepared at the department or agency level. May also be
referred to as Standard Operating Guidelines (SaGs).
IV. SITUATION AND ASSUMPTIONS
A. Situation
Our county and cities are exposed to many hazards, all of which have the potential for
disrupting the community, causing casualties, and damaging or destroying public or private
property. A summary of our major hazards is provided in Figure 1. More detailed
information is provided in our Hazard Analysis, published separately.
Figure 1
HAZARD SUMMARY
Likelihood of Estimated Impact on Estimated Impact
Occurrence. Public Health & Safety on Proparty
Hazard Tvee: (See below) Limited Moderate Major limited Moderate MlIjor
Natural
Drouohl OcCASIONAL
Earthquake UNLIKELY NJA NIA
Flash Flooding HIGHt Y LIKELY
Flooding (river 01 tidal) HIGHt Y LIKELY
Hurricane HIGHt Y LIKELY
Subsidence
T omado OCCASIONAL
Wildfire OCCAsiONAL . ~ .. ~
Winter Storm UNLIKElY NJA N/A
Technoloaical
Dam Failure OCCASIONAL .. ~ . ~
EnergvlFuelShortage UNLIKELY NJA NJA
HazmallOIl Soil! (fixed site) LIKELY . ~ . ~
HazmallOIl Spill (transport) LIKELY ~ ~
Major Structural Fire OCCASIONAL . ~ . ~
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Nuclear Facility Incident OCCASIONAL ~ ~ ~ ~
Water Svstem Failure UNLIKELY NIA NIA
Security
Civil Disorder UNLIKElY NIA NIA
Enemv Mililarv Attack UNLIKELY NJA N/A
Terrorism UNLIKELY NIA NIA
. Likelihood of Occurrence: Unlikelv, Occasional, Ukelv, or Hiohlv Likely
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B. Assumptions
1, Our County and Cities will continue to be exposed to and subject to the impact of those
hazards described above and as well as lesser hazards and others that may develop in
the future,
2. It is possible for a major disaster to occur at any time and at any place. In many cases,
dissemination of waming to the public and implementation of increased readiness
measures may be possible, However, some emergency situations occur with little or no
warning,
3, Outside assistance will be available in most emergency situations, affecting our County
and Cities. Since it takes time to summon external assistance, it is essential for us to
be prepared to carry out the initial emergency response on an independent basis,
4. Proper mitigation actions, such as floodplain management, and fire inspections, can
prevent or reduce disaster-related losses. Detailed emergency planning, training of
emergency responders and other personnel, and conducting periodic emergency drills
and exercises can improve our readiness to deal with emergency situations.
V. CONCEPT OF OPERATIONS
A. Objectives
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The objectives of our emergency management program are to protect public health and
safety and preserve public and private property.
B. General
1. It is our responsibility to protect public health and safety and preserve property from the
effects of hazardous events, We have the primary role in identifying and mitigating
hazards, preparing for and responding to, and managing the recovery from emergency
situations that affect our community.
2, It is impossible for government to do everything that is required to protect the lives and
property of our population. Our citizens have the responsibility to prepare themselves
and their families to cope with emergency situations and manage their affairs and
property in ways that will aid the government in managing emergencies. We will assist
our citizens in carrying out these responsibilities by prOViding public information and
instructions prior to and during emergency situations.
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3. Local government is responsible for organizing, training, and equipping local emergency
responders and emergency management personnel, providing appropriate emerge~cy
facilities, providing suitable warning and communications systems, and for contract~ng
for emergency services. The state and federal governments offer programs that proVide
some assistance with portions of these responsibilities,
4. To achieve our objectives, we have organized an emergency management program that
is both integrated (employs the resources of government, organized volunteer groups,
and businesses) and comprehensive (addresses mitigation, preparedness, response,
and recovery). This plan is one element of our preparedness activities.
5, This plan is based on an all-hazard approach to emergency planning, It addresses
general functions that may need to be perfonmed during anv emergency situation and is
not a collection of plans for specific types of incidents. For example, the warning annex
addresses techniques that can be used to warn the public during any emergency
situation, whatever the cause.
6. Departments and agencies tasked in this plan are expected to develop and keep current
standard operating procedures that describe how emergency tasks will be perfonmed.
Departments and agencies are charged with ensuring the training and equipment
necessary for an appropriate response are in place,
7. This plan is based upon the concept that the emergency functions that must be
perfonmed by many departments or agencies generally parallel some of their nOnmal
day-to-day functions. To the extent possible, the same personnel and material
resources used for day-to-day activities will be employed during emergency situations.
Because personnel and equipment resources are limited, some routine functions that do
not contribute directly to the emergency may be suspended for the duration of an
emergency. The personnel, equipment, and supplies that would normally be required for
those functions will be redirected to accomplish emergency tasks.
8, We have adopted the National Incident Management System (NIMS) in accordance with
the President's Homeland Security Directive (HSPD)-5. Our adoption of NIMS will
provide a consistent approach to the effective management of situations involving
natural or man-made disasters, or terrorism. NIMS allows us to integrate our response
activities using a set of standardized organizational structures designed to improve
interoperability between all levels of government, private sector, and nongovemmental
organizations.
9, This plan, in accordance with the National Response Plan (NRP), is an integral part of
the national effort to prevent, and reduce America's vulnerability to terrorism, major
disasters, and other emergencies, minimize the damage and recover from attacks, major
disasters, and other emergencies that occur. In the event of an Incident of National
Significance, as defined in HSPD-5, we will integrate all operations with all levels of
government, private sector, and nongovernmental organizations through the use of NRP
coordinating structures, processes, and protocols,
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C. Operational Guidance
We will employ the six components of the NIMS in all operations, which will provide a
standardized framework that facilitates our operations in all phases of emergency
management. Attachment 7 provides further details on the NIMS.
1. Initial Response. Our emergency responders are likely to be the first on the scene of an
emergency situation, They will normally take charge and remain in charge of the
incident until it is resolved or others who have legal authority to do so assume
responsibility. They will seek guidance and direction from our local officials and seek
technical assistance from state and federal agencies and industry where appropriate,
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2. Implementation of ICS
a, The first local emergency responder to arrive at the scene of an emergency situation
will implement the incident command system and serve as the incident commander
until relieved by a more senior or more qualified individual. The incident commander
will establish an incident command post (ICP) and provide an assessment of the
situation to local officials, identify response resources required, and direct the on-
scene response from the ICP.
b. For some types of emergency situations, a specific incident scene may not exist in
the initial response phase and the EOC may accomplish initial response actions,
such as mobilizing personnel and equipment and issuing precautionary waming to
the public. As the potential threat becomes clearer and a specific impact site or sites
identified, an incident command post may be established, and direction and control
of the response transitioned to the Incident Commander.
3. Source and Use of Resources.
a. We will use our own resources, all of which meet the requirements for resource
management in accordance with the NIMS, to respond to emergency situations,
purchasing supplies and equipment if necessary, and request assistance if our
resources are insufficient or inappropriate, ~ 18.102 of the Government Code
provides that the county should be the first channel through which a municipality
requests assistance when its resources are exceeded. If additional resources are
required, we will:
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1) Summon those resources available to us pursuant to inter-local agreements,
See Attachment 6 to this plan, which summarizes the inter-local agreements and
identifies the officials authorized to request those resources.
2) Summon emergency service resources that we have contracted for. See
Attachment 6.
3) Request assistance from volunteer groups active in disasters.
4) Request assistance from industry or individuals who have resources needed to
deal with the emergency situation,
b. When extemal agencies respond to an emergency situation within our jurisdiction,
we expect them to conform to the guidance and direction provided by our incident
commander, which will be in accordance with the NIMS,
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D. Incident Command System lieS)
1, We intend to employ ICS, an integral part of the NIMS, in managing emergencies. ICS
is both a strategy and a set of organizational arrangements for directing and controlling
field operations, It is designed to effectively integrate resources from different agencies
into a temporary emergency organization at an incident site that can expand and
contract with the magnitude of the inCident and resources on hand. A summary of ICS
is provided in Attachment 7.
2, The Incident commander Is responsible for carrying out the ICS function of command _
managing the incident. The four other major management activities that form the basis
of ICS are operations, planning, logistics, and finance/administration, For small-scale
incidents, the incident commander and one or two individuals may perform all of these
functions. For larger incidents, a number of individuals from different departments or
agencies may be assigned to separate staff sections charged with those functions.
3. An incident commander using response resources from one or two departments or
agencies can handle the majority of emergency situations. Departments or agencies
participating in this type of incident response will normally obtain support through their
own department or agency.
4. In emergency situations where other jurisdictions or the state or federal government are
providing significant response resources or technical assistance, it is generally desirable
to transition from the normallCS structure to a Unified or Area Command structure, This
arrangement helps to ensure that all participating agencies are involved in developing
objectives and strategies to deal with the emergency. Attachment 7 provides additional
information on Unified and Area Commands.
E. ICS - EOC Interface
1, For major emergencies and disasters, the Emergency Operations Center (EOC) will be
activated, When the EOC is activated, it is essential to establish a division of
responsibilities between the incident command post and the EOC. A general division of
responsibilities is outlined below. It is essential that a precise division of responsibilities
be determined for specific emergency operations.
2, The incident commander is generally responsible for field operations, including:
a. Isolating the scene,
b. Directing and controlling the on-scene response to the emergency situation and
managing the emergency resources committed there.
c. Warning the population in the area of the incident and providing emergency
instructions to them.
d. Determining and implementing protective measures (evacuation or in-place
sheltering) for the population in the immediijtl} ~r'l! \If 10' il'1\lillent and for
emergency responders at the scene. . " . .' '"
e, Implementing traffic control arrangements in and around the incident scene.
f. Requesting additional resources from the EOC.
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3, The EOC is generally responsible for:
a, Providing resource support for the incident command operations,
b. Issuing community-wide warning.
c. Issuing instructions and providing infonmation to the general public.
d. Organizing and implementing large-scale evacuation.
e, Organizing and implementing shelter and mass arrangements for evacuees,
f. Coordinating traffic control for large-scale evacuations.
g, Requesting assistance from the State and other external sources,
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4. In some large-scale emergencies or disasters, emergency operations with different
objectives may be condueled at geographically separated scenes. In such situations,
more than one incident command operation may be established. If this situation occurs,
a transition to an Area Command or a Unified Area Command is desirable, and the
allocation of resources to specific field operations will be coordinated through the EOC,
F. State, Federal & Other Assistance
1. State & Federal Assistance
a. If local resources are inadequate to deal with an emergency situation, we will request
assistance from the State. State assistance furnished to local governments is
intended to supplement local resources and not substitute for such resources,
including mutual aid resources, equipment purchases or leases, or resources
covered by emergency service contracts. As noted previously, cities must request
assistance from their county before requesting state assistance.
b. Requests for state assistance should be made to the Disaster Distriel Committee
(DOC) Chairperson, who is located at the Department of Public Safety District Office
in Corpus Christi. See Appendix 3 to Annex M, Resource Management, for a fonm
that can be used to request state assistance, In essence, state emergency
assistance to local govemments begins at the DDC level and the key person to
validate a request for, obtain, and provide that state assistance and support is the
DDC Chairperson. A request for state assistance must be made by the chief
elected official (the [County JudgelMayor]) and may be made by telephone, fax, or
teletype. The DDC Chairperson has the authority to utilize all state resources within
the distriel to respond to a request for assistance, with the exception of the National
Guard, Use of National Guard resources requires approval of the Govemor.
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c. The Disaster District staff will forward requests for assistance that cannot be satisfied
by state resources within the District to the State Operations Center (SaC) in Austin
for aelion.
2. Other Assistance
a. If resources required to control an emergency situation are not available within the
State, the Govemor may request assistance from other states pursuant to a number
of interstate compacts or from the federal government through the Federal
Emergency Management Agency (FEMA).
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b, For major emergencies and disasters for which a Presidential declaration has been
issued, federal agencies may be mobilized to provide assistance to states and local
governments. The National Response Plan (NRP) describes the policies, planning
assumptions, concept of operations, and responsibilities of designated federal
agencies for various response and recovery functions. The Nuclear/Radiological
Incident Annex of the NRP addresses the federal response to major incidents
involving radioactive materials.
c. FEMA has the primary responsibility for coordinating federal disaster assistance. No
direct federal disaster assistance is authorized prior to a Presidential emergency or
disaster declaration, but FEMA has limited authority to stage initial response
resources near the disaster site and activate command and control structures prior to
a declaration and the Department of Defense has the authority to commit its
resources to save lives prior to an emergency or disaster declaration, See Annex J,
Recovery, for additional information on the assistance that may be available during
disaster recovery.
d, The NRP applies to Stafford and non-$tafford Act incidents and is designed to
accommodate not only actual incidents, but also the threat of incidents. Therefore,
NRP implementation is possible under a greater range of incidents.
G. Emergency Authorities
1, Key federal, state, and local legal authorities pertaining to emergency management are
listed in Section I of this plan.
2. Texas statutes and the Executive Order of the Govemor Relating to Emergency
Management provide local govemment, principally the chief elected' official, with a
number of powers to control emergency situations. If necessary, we shall use these
powers during emergency situations. These powers include:
a. Emeraencv Declaration. In the event of riot or civil disorder, the [County
JudgelMayor] may request the Govemor to issue an emergency declaration for this
jurisdiction and take action to control the situation. Use of the emergency declaration
is explained in Annex U, Legal.
b. Disaster Declaration. When an emergency situation has caused severe damage,
injury, or loss of life or it appears likely to do so, the [County Judge/Mayor] may by
executive order or proclamation declare a local state of disaster. The [County
Judge/Mayor] may subsequently issue orders or proclamations referencing that
declaration to invoke certain emergency powers granted the Govemor in the Texas
Disaster Act on an appropriate local scale in order to cope with the disaster. These
powers include:
1) Suspending procedural laws and rules to facilitate a timely response.
2) Using all available resources of govemment and commandeering private
property, subject to compensation, to cope with the disaster,
3) Restricting the movement of people and occupancy of premises,
4) Prohibiting the sale or transportation of certain substances.
5) Implementing price controls.
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A local disaster declaration activates the recovery and rehabilitation aspects of this
plan, A local disaster declaration is reauired to obtain state and federal disaster
recovery assistance. See Annex U, Legal, for further information on disaster
declarations and procedures for invoking emergency powers.
c, Authoritv for Evacuations. State law provides a county judge or mayor with the
authority to order the evacuation of all or part of the population from a stricken or
threatened area within their respective jurisdictions.
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H. Actions by Phases of Emergency Management
1. This plan addresses emergency actions that are conducted during all four phases of
emergency management.
a, Mitigation
We will conduct m~igation activities as an integral part of our emergency
management program. Mitigation is intended to eliminate hazards, reduce the
probability of hazards causing an emergency s~uation, or lessen the consequences
of unavoidable hazards. Mitigation should be a pre-disaster activity, although
mitigation may also occur in the aftermath of an emergency situation with the intent
of avoiding repetition of the situation. Our mitigation program is outlined in Annex P,
Mitigation.
b, Preparedness
We will conduct prepanedness activities to develop the response capabilities needed
in the event an emergency. Among the preparedness activ~ies included in our
emergency management program are:
1) Providing emergency equipment and facilities.
2) Emergency planning, including maintaining this plan, its annexes, and
appropriate SOPs.
3) Conducting or arranging appropriate training for emergency responders,
emergency management personnel, other local officials, and volunteer groups
who assist us during emergencies.
4) Conducting periodic drills and exercises to test our plans and training.
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c. Response
We will respond to emergency situations effectively and efficiently. The focus of
most of this plan and its annexes is on planning for the response to emergencies,
Response operations '!ife iritended to resolve an emergency situation while
minimizing casualties and property damage. Response activities include warning,
emergency medical services, firefighting, law enforcement operations, evacuation,
shelter and mass care, emergency public information, search and rescue, as well as
other associated functions.
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d. Recovery
If a disaster occurs, we will carry out a recovery program that involves both short-
term and long-term efforts. Short-term operations seek to restore vital services to
the community and provide for the basic needs of the public. Long-term recovery
focuses on restoring the community to its normal state. The federal govemment,
pursuant to the Stafford Act, provides the vast majority of disaster recovery
assistance. The recovery process includes assistance to individuals, businesses,
and to govemment and other public institutions. Examples of recovery programs
include temporary housing, restoration of government services, debris removal,
restoration of utilities, disaster mental health services, and reconstruction of
damaged roads and bridges. Our recovery program is outlined in Annex J,
Recovery,
VI. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES
A. Organization
1, General
Most departments and agencies of local government have emergency functions in
addition to their normal day-to-day duties. During emergency situations, our normal
organizational arrangements are modified to facilitate emergency operations, Our
governmental organization for emergencies includes an executive group, emergency
services, and support services. Attachment 3 depicts our emergency organization.
2, Executive Group
The Executive Group provides guidance and direction for emergency management
programs and for emergency response and recovery operations. The Executive Group
includes the County Judge, Mayor(s), City Manager(s), and Emergency Management
Coordinator(s).
3. Emergency Services
Emergency Services include the Incident Commander and those departments, agencies,
and groups with primary emergency response actions. The incident commander is the
person in charge at an incident site.
4. Emergency Support Services
This group includes departments and agencies that support and sustain emergency
responders and also coordinate emergency assistance provided by organized volunteer
organizations, business and industry, and other sources.
5, Volunteer and Other Services
This group includes organized volunteer groups and businesses that have agreed to
provide certain support for emergency operations.
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B. Assignment of Responsibilities
1. General
For most emergency functions, successful operations require a coordinated effort from a
number of departments, agencies, and groups. To facilitate a coordinated effort, elected
and appointed officials, departments and agency heads, and other personnel are
assigned primary responsibility for planning and coordinating specific emergency
functions. Generally, primary responsibility for an emergency function will be assigned
to an individual from the department or agency that has legal responsibility for that
function or possesses the most appropriate knowledge and skills, Other officials,
departments, and agencies may be assigned support responsibilities for specific
emergency functions, Attachment 4 summarizes the general emergency responsibilities
of local officials, department and agency heads, and other personnel.
2. The individual having primary responsibility for an emergency function is normally
responsible for coordinating preparation of and maintaining that portion of the
emergency plan that addresses that function, Plan and annex assignments are outlined
in Attachment 5. Listed below are general responsibilities assigned to the Executive
Group, Emergency Services, Support Services, and other Support Agencies, Additional
specific responsibilities can be found the functional annexes to this Basic Plan,
3. Executive Group Responsibilities
a, The County Judge/Mayor's/City Manager will:
1) Establish objectives and priorities for the emergency management program and
provide general policy guidance on the conduct of that program,
2) Monitor the emergency response dUring disaster situations and provides
direction where appropriate.
3) With the assistance of the Public Information Officer, keep the public informed
during emergency situations.
4) With the assistance of the legal staff, declare a local state of disaster, request the
Governor declare a state of emergency, or Invoke the emergency powers of
govemment when necessary.
5) Request assistance from other local governments or the State when necessary
6) Direct activation of the EOC.
b. The City Manager will:
1) Implement the pOlicies and decisions of the governing body relating to
emergency management.
2) Organize the emergency management program and identifies personnel,
equipment, and facility needs.
3) Assign emergency management program tasks to departments and agencies,
4) Ensure that departments and agencies partiCipate in emergency planning,
training, and exercise activities.
5) Coordinate the operational response of local emergency services,
6) Coordinate activation of the EOC and supervise its operation.
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c, The Emergency Management Coordinator will:
1)
2)
3)
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5)
6)
7)
8)
9)
10)
Serve as the staff advisor to our County Judge, Mayor, and C~y Manager on
emergency management matters, ,
Keep the County Judge, Mayor, and City Manager governing body appnsed of
our preparedness status and emergency management needs.
Coordinate local planning and preparedness activities and the maintenance of
this plan,
Prepare and maintain a resource inventory.
Arrange appropriate training for local emergency management personnel and
emergency responders.
Coordinate periodic emergency exercises to test our plan and training,
Manage the EOC, develop procedures for its operation, and conduct training for
those who staff it.
Activate the EOC when required.
Perform day-Io-day liaison with the slate emergency management staff and other
local emergency management personnel.
Coordinate with organized volunteer groups and businesses regarding
emergency operations.
4, Common Responsibilities
All emergency services and support services will:
a, Provide personnel, equipment, and supplies to support emergency operations upon
request.
b, Develop and maintain SOPs for emergency tasks.
c. Provide trained personnel to staff the incident command post and EOC and conduct
emergency operations.
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d, Provide current information on emergency resources for inclusion in the Resource
List in Appendix 1 to Annex M, Resource Management.
e. Report information regarding emergency situations and damage to facilities and
equipment to the Incident Commander or the EOC.
5, Emergency Services Responsibilities
a. The Incident Commander will:
1) Manage emergency response resources and operations at the incident site
command post to resolve the emergency situation,
2) Determine and implement required protective actions for response personnel and
the public at an incident site.
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b. Warning.
1) Primary responsibility for this function is assigned to the County Sheriff/Police
Chiefs/County Judge, who will prepare and maintain Annex A (Warning) to this
plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) Receive information on emergency situations.
b) Alert key local officials of emergency situations.
c) Disseminate warning information and instructions to the public through
available warning systems,
d) Disseminate warning and instructions to special facilities such as schools and
hospitals.
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c. Communications.
1) Primary responsibility for this function is assigned to the County Sheriff, who will
prepare and maintain Annex B (Communications) to this plan and supporting
SOPs.
2) Emergency tasks to be performed include:
a) Identify the communications systems available with the local area and
determine the connectivity of those systems, and ensure their interoperability,
b) Develop plans and procedures for coordinated use of the various
communications systems available in this jurisdiction during emergencies.
c) Determine and implement means of augmenting communications during
emergencies, including support by volunteer organizations,
d, Radiological Protection.
1) Primary responsibility for this function is assigned to the Fire Chief, who will
prepare and maintain Annex D (Radiological Protection) to this plan and
supporting SOPs.
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2) Emergency tasks to be performed include:
a) Maintain inventory of radiological equipment.
b) Ensure response forces include personnel with current training in radiological
monitoring and decontamination,
c) Respond to radiological incidents and terrorist incidents involving radiological
materials.
d) Make notification conceming radiological incidents to state and federal
authorities.
e, Evacuation.
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1) Primary responsibility for this function is assigned to the Police
Chiefs/Sheriff/EMC, who will prepare and maintain Annex E (Evacuation) to this
plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) Identify areas where evacuation has been or may in the future and determine
of population at risk,
b) Perform evacuation planning for known risk areas to include route selection
and determination of traffic control requirements.
c) Develop simplified planning procedures for ad hoc evacuations.
d) Determine emergency public information requirements,
e) Perform evacuation planning for special needs facilities (schools, hospitals,
nursing homes, and other institutions,
f.
Firefighting,
1) Primary responsibility for this function is assigned to the Fire Chief, who will
prepare and maintain Annex F (Flrefighting) to this plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) Fire prevention activities.
b) Fire detection and control.
c) Hazardous material and oil spill response,
d) Terrorist incident response.
e) Evacuation support.
f) Post-incident reconnaissance and damage assessment.
g) Fire safety inspection of temporary shelters,
h) Prepare and maintain fire resource inventory.
g. Law Enforcement.
1) Primary responsibility for this function is assigned to the Sheriff's Office, who will
prepare and maintain Annex G (Law Enforcement) to this plan and supporting
SOPs,
2) Emergency tasks to be performed include:
a) Maintenance of law and order.
b ) Traffic control.
c) Terrorist incident response,
d) Provision of security for vital facilities, evacuated areas, and shelters.
e) Access control for damaged or contaminated areas,
f) Warning support.
g) Post-incident reconnaissance and damage assessment.
h) Prepare and maintain law enforcement resource inventory.
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h, Health and Medical Services,
1) Primary responsibility for this function is assigned to the Public Health Office,
who will prepare and maintain Annex H (Health & Medical Services) to this plan
and supporting SOPs.
2) Emergency tasks to be performed include:
a) Coordinate health and medical care and EMS support during emergency
situations.
b) Public health infonmation and education.
c) I nspection of food and water supplies,
d) Develop emergency public health regulations and orders,
e) Coordinate collection, identification, and intenment of deceased victims.
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i. Direction and Control.
1) Primary responsibility for this function is assigned to the County
JudgelMayor's/City Manager, who will prepare and maintain Annex N (Direction
& Control) to this plan and supporting SOPs,
2) Emergency tasks to be perfonmed include:
a) Direct and control our local operating forces,
b) Maintain coordination with neighboring jurisdictions and the Disaster District
in Corpus Christi.
c) Maintain the EOC in an operating mode or be able to convert the designated
facility space into an operable EOC rapidly,
d) Assigns representatives, by title, to report to the EOC and develops
procedures for crisis training.
e) Develops and identifies the duties of the staff, use of displays and message
fonms, and procedures for EOC activation.
f) Coordinates the evacuation of areas at risk,
j, Hazardous Materials & Oil Spill.
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1) The primary responsibility for this function is assigned to the Fire Chief, who will
prepare and maintain Annex Q (Hazardous Material & Oil Spill Response) to this
plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) In accordance with OSHA regulations, establish ICS to manage the response
to hazardous materials incidents.
b) Establish the hazmat incident functional areas (e.g., Hot Zone, cool zone,
Cold Zone, etc.)
c) Detenmine and implement requirements for personal protective equipment for
emergency responders.
d) Initiate appropriate actions to control and eliminate the hazard in accordance
with established hazmat response guidance and SOPs,
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e) Determine areas at risk and which public protective actions, if any, should be
implemented,
f) Apply appropriate firefighting techniques if the incident has, or may, result in
a fire,
g) Determines when affected areas may be safely reentered.
k. Search & Rescue,
1) The primary responsibility for this function is assigned to the Fire Chief, who will
prepare and maintain Annex R (Search and Rescue) to this plan and supporting
SOPs,
2) Emergency tasks to be perfonmed include:
a) Coordinate and conduct search and rescue activities.
b) Identify requirements for specialized resources to support rescue operations.
c) Coordinate eldemal technical assistance and equipment support for search
and rescue operations.
I. Terrorist Incident Response,
1) Primary responsibility for this function is assigned to the Sheriff's Office, who will
prepare and maintain Annex V (Terrorist Incident Response) to this plan and
supporting SOPs.
2) Emergency tasks to be perfonmed include:
a) Coordinate and carry out defensive anti-terrorist activities, including criminal
intelligence, investigation, protection of facilities, and public awareness
activities.
b) Coordinate and carry out offensive counter-terrorist operations to neutralize
terrorist activities.
c) Carry out terrorism consequence operations conducted in the aftenmath of a
terrorist incident to save lives and protect public and private property.
d) Ensure required notification of terrorist incidents is made to state and federal
authorities,
6, Support Services Responsibilities
a, Shelter and Mass Care.
1) Primary responsibility for this function is assigned to Red Cross, who will prepare
and maintain Annex C (Shelter and Mass Care) to this plan and supporting SOPs
2) Emergency tasks to be perfonmed include:
a) Perfonm emergency shelter and mass care planning.
b) Coordinate and conduct shelter and mass care operations with our other
departments, relief agencies, and volunteer groups.
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b. Public Infonmation,
1) Primary responsibility for this function is assigned to the County Judge's office,
who will prepare and maintain Annex I (Public Information) to this plan and
supporting SOPs.
2) Emergency tasks to be performed include:
a) Establish a Joint Infonmation Center (JIC)
b) Conduct on-going hazard awareness and public education programs.
c) Pursuant to the Joint Information System (JIS), compile and release
information and instructions for the public during emergency situations and
respond to questions relating to emergency operations.
d) Provide infonmation to the media and the public during emergency situations,
e) Arrange for media briefings.
f) Compiles print and photo documentation of emergency situations,
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c. Recovery.
1) Primary responsibility for this function is assigned to the Finance
Director/Auditorrrreasurerrrax Assessor, who will prepare and maintain Annex J
(Recovery) to this plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) Establish and train a damage assessment team using local personnel.
Coordinate the efforts of that team with state and federal damage
assessment personnel who may be dispatched to assist us,
b) Assess and compile infonmation on damage to public and private property
and needs of disaster victims and fonmulate and carry out programs to fill
those needs.
c) If damages are beyond our capability to deal with, compile information for
use by our elected officials In requesting state or federal disaster assistance,
d) If we are detenmined to be eligible for state or federal disaster assistance,
coordinate with state and federal agencies to carry out authorized recovery
programs,
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d. Public Works & Engineering,
1) Primary responsibility for this function is assigned to the City Public Works
Director/Engineer, who will prepare and maintain Annex K (Public Works &
Engineering) to this plan and supporting SOPs.
2) Emergency tasks to be perfonmed include:
a) Protect govemment facilities and vital equipment where possible.
b) Assess damage to streets, bridges, traffic control devices, and other public
facilities.
c) Direct temporary repair of vital facilities,
d) Restore damaged roads and bridges.
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e) Restore waste treatment and disposal systems.
f) Arrange for debris removal.
g) General damage assessment support.
h) Building inspection support,
i) Provide specialized equipment to support emergency operations.
j) Support traffic control and search and rescue operations.
e, Utilities,
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1) Primary responsibility for this function is assigned to the Public Utilities director,
who will prepare and maintain Annex L (Energy and Utilities) to this plan and
supporting SOPs,
2) Emergency tasks to be performed include:
a) Prioritize restoration of utility service to vital facilities and other facilities.
b) Arrange for the provision of emergency power sources where required.
c) Identify requirements for emergency drinking water and portable toilets to the
department or agency responsible for mass care.
d) Assess damage to, repair, and restore public utilities.
e) Monitor recovery activities of privately owned utilities.
f. Resource Management.
1) Primary responsibility for this function is assigned to the Red Cross who will
prepare and maintain Annex M (Resource Management) to this plan and
supporting SOPs.
2) Emergency tasks to be performed include:
a)
b)
c)
e d)
e)
f)
g)
h)
i)
Maintain an inventory of emergency resources.
During emergency operations, locates supplies, equipment, and personnel to
meet specific needs.
Maintain a list of suppliers for supplies and equipment needed immediately
in the aftermath of an emergency.
Establish emergency purchasing procedures and coordinate emergency
procurements.
Establish and maintain a manpower reserve and coordinate assignment of
reserve personnel to departments and agencies that require augmentation.
Coordinate transportation, sorting, temporary storage, and distribution of
resources during emergency situations,
Establish staging areas for resources, if required,
During emergency operations, identify to the Donations Management
Coordinator those goods, services, and personnel that are needed.
Maintain records of emergency-related expenditures for purchases and
personnel.
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g. Human Services,
1) Primary responsibility for this function is assigned to the Red Cross, Prepare and
maintain Annex 0 (Human Services) to this plan and supporting SOPs
2) Emergency tasks to be perfonmed include:
a) Identify emergency feeding sites,
b) Identify sources of clothing for disaster victims,
c) Secure emergency food supplies.
d) Coordinate the operation of shelter facilities, whether operated by local
government, local volunteer groups, or organized disaster relief agencies
such as the American Red Cross,
e) Coordinate special care requirements for disaster victims such as the aged,
special needs individuals, and others.
f) Coordinate the provision of disaster mental health services to disaster
victims, emergency workers, and/or others suffering trauma due to the
emergency incident/disaster,
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h. Hazard Mitigation,
1) The primary responsibility for this function is assigned to the EMC, who will
prepare and maintain Annex P (Hazard Mitigation) to this plan and supporting
SOPs.
2) Emergency tasks to be perfonmed include:
a) Maintain the local Hazard Analysis.
b) Identify beneficial pre-disaster hazard mitigation projects and seek approval
from local officials to implement such projects.
c) In the aftenmath of an emergency, detenmine appropriate actions to mitigate
the situation and coordinate implementation of those actions,
d) Coordinate and carry out post-disaster hazard mitigation program.
i, Transportation.
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1) The primary responsibility for this function is assigned to the School
Transportation Director, who will prepare and maintain Annex S (Transportation)
to this plan and supporting SOPs.
2) Emergency tasks to be performed include:
a) Identifies local public and private transportation resources and coordinates
their use in emergencies.
b) Coordinates deployment of transportation equipment to support emergency
operations,
c) Establishes and maintains a reserve pool of drivers, maintenance personnel,
parts, and tools,
d) Maintains records on use of transportation equipment and personnel for
purpose of possible reimbursement.
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j, Donations Management.
1) The primary responsibility for this function is assigned to the Red Cross, who will
prepare and maintain Annex T (Donations Management) to this plan and
supporting SOPs.
2) Emergency tasks to be performed include;
a) Compile resource requirements identified by the Resource Management staff,
b) Solicit donations to meet known needs.
c) Establish and implement procedures to receive, accept or turn down offers of
donated goods and services, and provide instructions to donors of needed
goods or services.
d) In coordination with the Resource Management staff, establish a facility to
receive, sort, and distribute donated goods,
k, Legal.
1) The primary responsibility for this function is assigned to the City Attorney/County'
Attorney, who will prepare and maintain Annex U (Legal) to this plan and
supporting SOPs.
2) Emergency tasks to be performed inclUde;
a) Advise local officials on emergency powers of local govemment and
procedures for invoking those measures,
b) Review and advise our officials on possible legal issues arising from disaster
operations.
c) Prepare and/or recommend legislation to implement the emergency powers
that may be required during and emergency.
d) Advise local officials and department heads on record-keeping requirements
and other documentation necessary for the exercising of emergency powers,
I. Department and agency heads not assigned a specific function in this plan will be
prepared to make their resources available for emergency duty at the direction of our
chief elected official.
7. Volunteer & Other Services
a. Volunteer Groups. The following are local volunteer agencies that can provide
disaster relief services and traditionally have coordinated their efforts with our local
government:
1) The Crossroads Chapter, American Red Cross.
Provides shelter management, feeding at fixed facilities and through mobile units,
first aid, replacement of eyeglasses and medications, provision of basic clothing,
and limited financial assistance to those affected by emergency situations. The
Red Cross also provides feeding for emergency workers.
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2) The Salvation Army.
Provides emergency assistance to include mass and mobile feeding, temporary
shelter, counseling, missing person services, medical assistance, and the
warehousing and distribution of donated good including food clothing, and
household items, It also provides referrals to government and private agencies
for special services.
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3) Southem Baptist Convention Disaster Relief.
Provides mobile feeding units staffed by volunteers. Active in providing disaster
childcare, the agency has several mobile childcare units. Can also assist with
clean-up activities, temporary repairs, reconstruction, counseling, and bilingual
services.
4) RACES,
The Radio Amateur Civil Emergency Service provides amateur radio support for
emergency operations, including communications support in the EOC,
b. Business Support,
The following businesses have agreed to provide support for emergency operations
as indicated:
1) Industry
2) Amateur Radio
VII. DIRECTION AND CONTROL
A. General
1, The County Judge for the County and Mayor's for the Cities are responsible for
establishing objectives and policies for emergency management and providing general
guidance for disaster response and recovery operations, all in compliance with the
NIMS, During disasters, he may carry out those responsibilities from the EOC.
2, The EMC will provide overall direction of the response activities of all our departments,
During major emergencies and disaster, he/she will normally carry out those
responsibilities from the EOC,
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3, The Port Lavaca City Manager will manage the EOC,
4. The Incident Commander, assisted by a staff sufficient for the tasks to be performed, will
manage the emergency response at an incident site,
5, During emergency operations, department heads retain administrative and policy control
over their employees and equipment. However, personnel and equipment will carry out
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miSSion assignments directed by the incident commander. Each department and
agency is responsible for having its own openating procedures to be followed during
response operations, but interagency procedures, such a common communications
protocol, may be adopted to facilitate coordinated effort.
6, If our own resources are insufficient or inappropriate to deal with an emergency
situation, we may request assistance from other jurisdictions, organized volunteer
groups, or the State. The process for requesting State or fedenal assistance is covered
in section V.F of this plan: see also the Request for Assistance form in Annex M,
Appendix 3, Extemal agencies are expected to conform to the general guidance and
directed provided by our senior decision-makers.
B. Emergency Facilities
1. Incident Command Post. Except when an emergency situation threatens, but has not
yet occurred, and those situations for which there is no specific hazard impact site (such
as a severe winter storm or area-wide utility outage), an incident command post or
command posts will be established in the vicinity of the incident site(s). As noted
previously, the incident commander will be responsible for directing the emergency
response and managing the resources at the incident scene.
2. Emergency Operating Center. When major emergencies and disasters have occurred or
appear imminent, we will activate our EOC, which is located at 211 S. Ann SI., Port
Lavaca, Texas,
3, The following individuals are authorized to activate the EOC:
a. County Judge
b. EMC
c. Sheriff
d, City Manager
4. The genenal responsibilities of the EOC are to:
a. Assemble accurate information on the emergency situation and current resource
data to allow local officials to make informed decisions on courses of action.
b, Working with representatives of emergency services, determine and prioritize
required response actions and coordinate their implementation.
c. Provide resource support for emergency operations.
d. Suspend or curtail government services, recommend the closure of schools and
businesses, and cancellation of public events.
e, Organize and activate large-scale evacuation and mass care operations.
f. Provide emergency information to the public.
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5. Representatives of those departments and agencies assigned emergency functions in
this plan will staff the EOC. EOC operations are addressed in Annex N (Direction and
Control), The interface between the EOC and the incident command post is described in
paragraph V.E above,
6. We have a mobile command and control vehicle, operated by Emergency Medical
Services, which may be used as an incident command post.
1. The line of succession for the County Judge is:
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C. Line of Succession
Judge Pro-Tem
2. The line of succession for the Mayor is:
Mayor Pro-Tem
3. The line of succession for the Emergency Management Coordinator is:
Emergency Mgmt. Officer
4, The lines of succession for each of our department and agency heads shall be in
accordance with the SOPs established by those departments and agencies,
VIII. READINESS LEVELS
A. Many emergencies follow some recognizable bUild-up periOd during which actions can be
taken to achieve a gradually increasing state of readiness. We use a four-tier system,
Readiness Levels will be determined by the Emergency Management Coordinator. General
actions to be taken at each readiness level are outlined in the annexes to this plan; more
specific actions will be detailed in departmental or agency SOPs.
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B. The following Readiness Levels will be used as a means of increasing our alert posture.
1. Level 4: Normal Conditions
a. Emergency incidents occur and local officials are notified, One or more departments
or agencies respond to handle the incident; an incident command post may be
established. Limited assistance may be requested from other jurisdictions pursuant
to established inter-local agreements,
b, The normal operations of government are not affected,
2, Level 3: Increased Readiness
a,' Increased Readiness refers to a situation that presents a greater potential threat than
"Level 4", but poses no immediate threat to life and/or property. Increased readiness
actions may be appropriate when the situations similar to the following occur:
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1) Trooical Weather Threat A tropical weather system has developed that has the
potential to impact the local area. Readiness actions may include, regular
situation monitoring, a review of plans and resource status, detenmlmng staff
availability and placing personnel on-call.
2) Tornado Watch indicates possibility of tornado development Readiness actions
may include increased situation monitoring and placing selected staff on alert.
3) Flash Flood Watch indicates flash flooding is possible due to heavy rains
occurring or expected to occur. Readiness actions may inc'ud~ increa~ed
situation-monitoring, reconnaissance of known trouble spots, deploYing warning
signs,
4) Wildfire Threat. During periods of extreme wildfire threat, readiness actions may
inClude deploying additional resources to areas most at risk, arranging for
standby commercial water tanker support, conducting daily aerial
reconnaissance, or initiating bum bans.
5) Mass Gatherina, For mass gatherings with previous history of problems,
readiness actions may include reviewing security, traffic control, fire protection,
and first aid planning with organizers and detenmining additional requirements.
b. Declaration of "Level 3" will generally require the initiation of the "Increased
Readiness" activities identified in each annex to this plan,
3, Level 2: High Readiness
a. High Readiness refers to a situation with a significant potential and prObability of
causing loss of life and/or property. This condition will normally require some degree
of warning to the public. Actions could be triggered by severe weather waming
infonmation issued by the National Weather Service such as:
1) Trooical Weather Threat A tropical weather system may impact the local area
within 72 hours. Readiness actions may include continuous stonm monitoring,
identifying worst-case decision points, increasing preparedness of personnel and
equipment, updating evacuation checklists, verifying evacuation route status, and
providing the public infonmation for techniques to protect homes and businesses
on the evacuation routes,
2) Tornado Wamina. Issued when a tornado has actually been sighted in the vicinity
or indicted by radio, and may strike in the local area. Readiness actions may
include activating the EOC, continuous situation monitoring, and notifying the
public about the warning.
3) Flash Flood Warnina. Issued to alert persons that flash flooding is imminent or
occurring on certain steams or designated areas, and immediate action should
be taken. Readiness actions may include notifying the public about the warning,
evacuating lOw-lying areas, open shelters to house evacuees, and continuous
situation monitoring,
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4) Winter Stonm WaminCl. Issued when heavy snow. sleet, or freezing rain are
forecast to occur separately or in a combination, Readiness actions may include
preparing for possible power outages, putting road crews on stand-by to clear
and/or sand the roads, and continuous situation monitoring,
5) Mass GatherinCl. Civil disorder with relatively large-scale localized violence is
Imminent. Readiness actions may include increased law enforcement presence,
putting hospitals and fire departments on alert, and continuous situation
monitoring.
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b. Declaration of a "level 2" will generally require the initiation of the "High Readiness"
activities identified in each annex to this plan.
4. level 1 : Maximum Readiness
a. Maximum Readiness refers to situation that hazardous conditions are imminent.
This condition denotes a greater sense of danger and urgency than associated with
a "level 2" event. Actions could also be generated by severe weather warning
Infonmation issued by the National Weather Service combined with factors making
the event more imminent.
1) Tropical Weather Threat. The evacuation decision period is nearing for an
approaching tropical weather system that may Impact the local area. Readiness
actions may include continuous situation monitoring, cull activation of the EOC.
recommending precautionary actions for special facilities. placing emergency
personnel and equipment into position for emergency operations. and preparing
public transportation resources for evacuation support,
2) Tornado WaminCl. Tomado has been sited especially close to a populated area
or moving towards a populated area. Readiness actions may include taking
immediate shetter and put damage assessment teams on stand-by,
3) Flash Flood WaminCl. Flooding is imminent or occurring at specific locations.
Readiness actions may include evacuations, rescue teams on alert. Sheltering
evacuees and/or others displaced by the flooding. and continuous monitoring of
the situation.
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4) Mass GatherinCl, Civil disorder is about to erupt into large-scale and widespread
violence. Readiness actions may include having all EMS units on stand-by. all
law enforcement present for duty. notify the DOC that assistance may be needed
and keep them apprised of the situation. and continuous situation monitoring is
required,
b. Declaration of "level 1" will generally require the initiation of the "Maximum
Readiness" activities identified in each annex to this plan.
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IX. ADMINISTRATION AND SUPPORT
A. Agreements and Contracts
1. Should our local resources prove to be inadequate during an emergency, requests will
be made for assistance from other local jurisdictions, other agencies, and industry in
accordance with existing mutual-aid agreements and contracts and those agreements
and contracts concluded during the emergency. Such assistance may include
equipment, supplies, or personnel. All agreements will be entered into by authorized
officials and should be in writing whenever possible, Agreements and contracts should
identify the local officials authorized to request assistance pursuant to those documents.
2, The agreements and contracts pertinent to emergency management that we are a party
to are summarized in Attachment 6,
B, Reports
1. Hazardous Materials Spill Reporting. If we are responsible for a release of hazardous
materials of a type or quantity that must be reported to state and federal agencies, the
department or agency responsible for the spill shall make the required report, See
Annex Q, Hazardous Materials and Oil Spill Response, for more information. If the party
responsible for a reportable spill cannot be located, the Incident Commander shall
ensure that the required report(s) are made.
2. Initial Emergency Report. This short report should be prepared and transmitted by the
EOC when an on-going emergency incident appears likely to worsen and we may need
assistance from other local govemments or the State, See Annex N, Direction and
Control for the fonmat and instructions for this report.
3, Situation Report. A daily situation report should be prepared and distributed by the
EOC during major emergencies or disasters. See Annex N, Direction and Control, for
the format of and instructions for this report.
4. Other Reports. Several other reports covering specific functions are described in the
annexes to this plan,
C. Records
1, Record Keeping for Emergency Operations
Our county and cities are responsible for establishing the administrative controls
necessary to manage the expenditure of funds and to provide reasonable accountability
and justification for expenditures made to support emergency operations. This shall be
done in accordance with the established local fiscal policies and standard cost
accounting procedures.
a. Activity Logs, The Incident Command Post and the EOC shall maintain accurate
logs recording key response activities, including:
1) Activation or deactivation of emergency facilities,
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2) Emergency notifications to other local governments and to state and federal
agencies,
3) Significant changes in the emergency situation,
4) Major commitments of resources or requests for additional resources from
external sources.
5) Issuance of protective action recommendations to the public.
6) Evacuations.
7) Casualties.
8) Containment or termination of the incident.
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b, Incident Costs. All department and agencies shall maintain records summarizing the
use of personnel, equipment, and supplies during the response to day-to-day
incidents to obtain a estimate of annual emergency response costs that can be used
as in preparing future department or agency budgets,
c, Emergency or Disaster Costs. For major emergencies or disasters, all departments
and agencies participating in the emergency response shall maintain detailed of
costs for emergency openations to include:
1) Personnel costs, especially overtime costs
2) Equipment operations costs
3) Costs for leased or rented equipment
4) Costs for contnact services to support emergency operations
5) Costs of specialized supplies expended for emergency operations
These records may be used to recover costs from the responsible party or insurers
or as a basis for requesting financial assistance for certain allowable response and
recovery costs from the state and/or federal government.
2, Preservation of Records
a. In order to continue normal government operations following an emergency situation
disaster, vital records must be protected. These include legal documents as well as
property and tax records. The principal causes of damage to records are fire and
water; therefore, essential records should be protected accordingly. Each agency
responsible for prepanation of annexes to this plan will include protection of vital
records in its SOPs.
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b, If records are damaged during an emergency situation, we will seek professional
assistance to preserve and restore them.
D. Training
It will be the responsibility of each agency director to ensure that agency personnel, in
accordance with the NIMS, possess the level of training, experience, credentialing,
currency, physical and medical fitness, or capability for any positions they are tasked to fill.
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E. Consumer Protection
Consumer complaints regarding alleged unfair or illegal business practices often occur in
the aftermath of a disaster. Such complaints will be referred to the County or CIties
Attorney, who will pass such complaints to the Consumer Protection Division of the Office of
the Attorney General.
F. Post-Incident and Exercise Review
The EMC is responsible for organizing and conducting a critique following the conclusion of
a significant emergency event/incident or exercise. The After Action Report (AAR) will entail
both written and verbal Input from all appropriate participants. An Improvement Plan will be
developed based on the deficiencies identified, and an individual, department, or agency will
be assigned responsibility for correcting the deficiency and a due date shall be established
for that action,
X. PLAN DEVELOPMENT AND MAINTENANCE
A. Plan Development
The County Judge for the County and Mayor's for the Cities are responsible for approving
and promulgating this plan,
B. Distribution of Planning Documents
1. The County Judge and Mayor's shall determine the distribution of this plan and its
annexes, In general, copies of plans and annexes should be distributed to those
individuals, departments, agencies, and organizations tasked in this document. Copies
should also be set-aside for the EOC and other emergency facilities,
2. The Basic Plan should include a distribution list (See Attachment 1 to this plan) that
indicates who receives copies of the basic plan and the various annexes to it. In
general, individuals who receive annexes to the basic plan should also receive a copy of
this plan, because the Basic Plan deSCribes our emergency management organization
and basic operational concepts.
C. Review
The Basic Plan and its annexes shall be reviewed annually by local officials. The EMC will
establish a schedule for annual review of planning documents by those tasked in them.
D, Update
1. This plan will be updated based upon deficiencies identified during actual emergency
situations and exercises and when changes in threat hazards, resources and
capabilities, or government structure occur,
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2. The Basic Plan and its annexes must be revised or updated by a formal change at least
every five years, Responsibility for revising or updating the Basic Plan is assigned to
the EMC. Responsibility for revising or updating the annexes to this plan is outlined in
Section VI.B, Assignment of Responsibilities, as well as in each annex. For details on
the methods of updating planning documents as well as more information on when
changes should be made, refer to Chapter 3 of the Division of Emergency Management
(DEM) Local Emergency Management Planning Guide (DEM-l0).
3. Revised or updated planning documents will be provided to all departments, agencies,
and individuals tasked in those documents.
4. 9418.043(4) of the Government Code provides that OEM shall review local emergency
management plans. The process for submitting new or updated planning documents to
DEM is described in Chapter 6 of the DEM-10, The EMC is responsible for SUbmitting
copies of planning documents to our DEM Regional Liaison Officer for review.
ATTACHMENTS:
1 , Distribution List
2. References
3. Organization for Emergencies
4. Functional Responsibility Matrix
5, Annex Assignments
6. Summary of Agreements
7. National Incident Management System
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I ATTACHMENT 1 I
DISTRIBUTION LIST
Jurisdiction/AlIency Plan Basic Plan Annexes
EOC Reference Library 2 All
County Judge/Mayor's 4 All
City Manager 1 All
e Each County Commissioner 4 All
EMC 1 All
County Sheriff 1 All
Police Chiefs 3 All
Each Constable 4 All
Fire Chief/Fire Marshal 2 All
Volunteer Fire Chiefs 5 All
Calhoun County Health Dept. & Director 2 C,D,H,O,Q
Finance Director/AuditorlTreasurer 2 J, M
City Public Works Director/County Engineer 1 E, G, J, K, L
Designated Attorney or District Attorney for the 1 All
County/City Attomey
Justices of the Peace 5 G,H,N
RACES Officer 1 All
Radiological Officer/Fire Dept. 1 D,E,Q
Memorial Medical Center 1 C,E,S
County/City Animal Control 1 E,H
ISD Transportation Director 1 C,E,H,O
Calhoun County Independent School District 1 C,E,O,S
Calhoun County Local Emergency Planning 1 All
Committee
American Red Cross 1 C, E,J, 0, T
The Salvation Army 1 C, E,J, 0, T
GDEM Regional Liaison Officer 1 All
AEP/CPL 1 L
e Reliant Energy 1 L
Victoria Electric Coop 1 L
Jackson Electric 1 L
GBRA 1 L
LNRA 1 L
Cable One 1 L
ALCOA 1 All
Innovene 1 All
Formosa 1 All
Dow 1 All
Port of Port Lavaca/point Comfort 1 All
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I
ATTACHMENT 2
REFERENCES
1. Texas Department of Public Safety, Governor's Division of Emergency Management, Local
Emergency Management Planning Guide, DEM-10
2. Texas Department of Public Safety, Governor's Division of Emergency Management,
Disaster Recovery Manual
3, Texas Department of Public Safety, Governor's Division of Emergency Management,
Mitigation Handbook
4. FEMA, Independent Study Course, 15-288: The Role of Voluntary Organizations in
Emergency Management
5. FEMA, State and Local Guide (SLG) 101: Guide for AI/-Hazard Emergency Operations
Planning
6, U, 5, Department of Homeland Security, National Response Plan
7, 79'" Texas legislature, House 8il/3111
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ATTACHMENT 3
ORGANIZATION FOR EMERGENCY MANAGEMENT
ORGANIZATION FOR EMERGENCY MANAGEMENT -INTERJURISDICTlONAL PROGRAM
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COUNTY JUDGE!
MAYORS
ORNEY FOR EMERGENCY
UNTY/CITIES MANAGEMENT
COORDINATOR
I EOC J
I I
LAW FIRE ciJ HOSPITAL I
ENFORCEMENT DEPARTMENT CROSS /EMS
I I I
BUC WORKS CCISD ENGINEERING TREASURER! BUILDING
DIRECTOR TRANSPORTATION DEPT AUDITOR- DEPT.
DEPT FINANCE
DIRECTOR
-------------- ---~---------------------
,
,
,
,
VOLUNTEER
GROUPS
I INCIDENT COMMANDER I I-COORDINATION I
ATT
CO
PU
r----
,
,
,
,
LOCAL
INnl I!';TRY
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ATTACHMENT 4
EMERGENCY MANAGEMENT FUNCTIONAL RESPONSIBILITIES
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CounlV JudaelMavor's P S S S P S S S P S S S S P S S S S S S S S
Assl. to Judge/City Manager P S S C S
EMC S C C C S C C C C C C C P C C P C C C S C C
law Enforcement P p S S P S P S S S S S S P
Fire Service S S S P S P S S S P P S S
Public Works S S S S S S P S S S S S S S
Utilnies S S P S S S S S S
Health & Medical Services S S S P S S S S S S S S
Community ServiceslRed p
Cross P S S S p P S
Finance Director I
Auditor-Treasurer P S S S
TransportationlCCISD S S S p
City I County-Designated S S S S P S
Attorney
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P -INDICATES PRIMARY RESPONSIBILITY
S -INDICATES SUPPORT RESPONSIBILITY
C - INDICATES COORDINATION RESPONSIBILITY
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ATTACHMENT 5
ANNEX ASSIGNMENTS
I
ANNEX ASSIGNED TO:
Annex A: Warning Counw Judae/Counw Sheriff
Annex B: Communications County Sheriff
Annex C: Shelter & Mass Care EMS/Red Cross
Annex D: Radioloaical Protection Port lavaca Fire Department
Annex E: Evacuation Counw Sheriff/Police Chlefs/EMC
Annex F: Flrefighting Fire Chief
Annex G: law Enforcement Police Chiefs/Counw Sheriff
Annex H: Health and Medical Services County Health Director
Annex I: Public Information City Manager/Asst. to the Judge
Annex J: Recoverv Finance Director/AuditorfTreasurer
Annex K: Public Works & Engineering Public Works Director
Annex l: Utilities Public Utilities Director
Annex M: Resource Manaaement EMC/Red Cross
Annex N: Direction & Control Coullty Judge/Mayor's
Annex 0: Human Services Red Cross
Annex P: Hazard Mitigation Emergencv Management Coordinator
Annex Q: Hazardous Materials & Oil Spill Fire Chief
Response
Annex R: Search & Rescue Fire Chief
Annex S: Transportation CCISD TransPOrtation Director
Annex T: Donations Management Red CrosslEMC
Annex U: legal City/Countv-Designated Attorney
Annex V: Terrorist Incident Response County Sheriff/Police Chiefs
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ATTACHMENT 6
SUMMARY OF AGREEMENTS
AlIreements
Description: City of Port Lavaca
Ordinance: #5-4-93, dated 6-15-93 & renewed on 12-9-02.
Copies Held By: Calhoun County and the City of Port Lavaca
Description: City of Seadrifl
Ordinance: dated 6-1-93 and renewed on 12-3-02,
Copies Held By: Calhoun County and the City of Seadrift
Description; City of Point Comfort
Ordinance: #93-04 dated 5-25-93 and renewed on 1-14-03,
Copies Held By: Calhoun County and the City of Point Comfort
Joint Resolution
Calhoun County and the Cities of Port Lavaca, Seadrift and Point Comfort have a resolution
dated 9-25-03.
Resolution adoptinll NIMS
Calhoun County, dated September 22, 2005,
City of Port Lavaca, dated September 12, 2005.
City of Seadrifl, dated October 4, 2005.
City of Point Comfort, dated October 11, 2005
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ATTACHMENT 7
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) SUMMARY
A. BACKGROUND
1. NIMS is a comprehensive, national approach to incident management that is applicable
to all juriSdictional levels and across functional disciplines. This system is suitable
across a wide range of incidents and hazard scenarios, regardless of size or complexity,
It provides a flexible framework for all phases of incident management, as well as
requirements for processes, procedures, and systems designed to improve
interoperability,
2, NIMS is a multifaceted system that provides a national framework for preparing for,
preventing, responding to, and recovering from domestic incidents.
B. COMPONENTS
1, Command and Manaaement. The incident management stnuctures employed by NIMS
can be used to manage emergency incidents or non-emergency events such as
celebrations, The system works equally well for small incidents and large-scale
emergency situations, The system has built-in fleXibility to grow or shrink depending on
current needs. It is a standardized system, so personnel from a variety of agencies and
geographic locations can be rapidly incorporated into a common management structure.
a. Incident Management System. A system that can be used to manage emergency
incidents or non-emergency events such as celebrations.
1) FEATURES OF ICS
ICS has a number of features that work together to make it a real management
system, Among the primary attributes of ICS are:
a) Common Terminology. ICS requires the use of common terminology, such as
the use of standard titles for facilities and positions within an organization, to
ensure efficient and clear communications.
b) Organizational Resources. All resources including personnel, facilities, major
equipment, and supply items used to support incident management activities
must be "typed" with respect to capability. This typing will minimize confusion
and enhance interoperability,
c) Manageable Span of Control. Span of control should ideally vary from three
to seven. Anything less or more requires expansion or consolidation of the
organization.
d) Organizational Facilities. Common terminology is used to define incident
facilities, the activities conducted at these facilities, and the organizational
positions that can be found working there.
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e) Use of Position Titles, AIIICS positions have distinct titles.
f) Reliance on an Incident Action Plan. The incident action plan, which may be
verbal or written, is intended to provide supervisory personnel a common
understanding of the situation and direction for future action, The plan
includes a statement of objectives, organizational description, assignments,
and support material such as maps. Written plans are desirable when two or
more jurisdictions are involved, when state and/or federal agencies are
assisting local response personnel, or there has been significant turnover in
the incident staff.
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g) Integrated Communications, Integrated communications includes interfacing
disparate communications as effectively as possible, planning for the use of
all available systems and frequencies, and requiring the use of clear text in
communications.
h) Accountability. ICS is based on an orderly chain of command, check-in for all
responders, and only one supervisor for each responder.
2) UNIFIED COMMAND
a) Unified Command is a variant of ICS used when there is more than one
agency or jurisdiction with responsibility for the incident or when personnel
and equipment from a number of different agencies or jurisdictions are
responding to it. This might occur when the incident site crosses
jurisdictional boundaries or when an emergency situation involves matters for
which state and/or federal agencies have regulatory responsibility or legal
requirements.
b) ICS Unified Command is intended to integrate the efforts of multiple agencies
and jurisdictions. The major change from a nonmallCS structure is at the top,
In a Unified command, senior representatives of each agency or jurisdiction
responding to the incident COllectively agree on objectives, priorities, and an
overall strategy or strategies to accomplish objectives; approve a coordinated
Incident Action Plan; and designate an Operations Section Chief. The
Operations Section Chief is responsible for managing available resources to
achieve objectives. Agency and jurisdictional resources remain under the
administrative control of their agencies or jurisdictions, but respond to mission
assignments and direction provided by the Operations Section Chief based
on the requirements of the Incident Action Plan,
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3) AREA COMMAND
a) An Area Command is intended for situations where there are multiple
Incidents that are each being managed by an ICS organization or to oversee
the management of large or multiple incidents to which several Incident
Management Teams have been assigned. Area Command becomes Unified
Area Command when incidents are multijurisdictional.
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b) The organization of an Area Command is different from a Unified Command
in that there is no operations section, since all operations are conducted on-
scene, at the separate ICPs,
b. Multiagency Coordination Systems. Multiagency coordination systems may be
required for incidents that require higher level resource management or infonmation
management. The components of multiagency coordination systems include
facilities, equipment, EOCs, specific multiagency coordination entities, personnel,
procedures, and communications; all of which are integrated into a common
framework for coordinating and supporting incident management.
c. Public Information, The NIMS system fully integrates the ICS Joint Information
System (JIS) and the Joint Infonmation Center (JIC). The JIC is a physical location
where public infonmation staff involved in incident management activities can
collocate to perfonm critical emergency infonmation, crisis communications, and
public affairs functions. More infonmation on JICs can be obtained in the DHS
Nationa//ncident Management System Plan, dated March 2004,
2. Preoaredness. Preparedness activities include planning, training, and exercises as well
as certification of response personnel, and equipment acquisition and certification.
Activities would also include the creation of mutual aid agreements and Emergency
Management Assistance Compacts. Any public infonmation activities such as
publication management would also be preparedness activities.
3. Resource Manaoement. All resources, such as equipment and personnel, must be
identified and typed. Systems for describing, inventorying, requesting, and tracking
resources must also be established,
4. Communications and Information Manaoement. Adherence to NIMS specified standards
by all agencies ensures interoperability and compatibility in communications and
infonmation management.
5, Suooortino Technolooies, This would include any technologies that enhance the
capabilities essential to implementing the NIMS. For instance, voice and data
communication systems, resource tracking systems, or data display systems.
6, Onooino Manaoement and Maintenance. The NIMS Integration Center provides
strategic direction and oversight in support of routine review and continual refinement of
both the system and its components over the long tenm.
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ACCEPT THE FOLLOWING DONATIONS TO THE ADOPT-A-BEACH FUND:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to accept
the following Donations to the Adopt-A-Beach Fund $100 from Mr. Lee Rivera, $40 from Mr.
Rolando Reyes, $25 from Sun Loan Company and $100 from Sanchez Construction & Hauling
Company. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
NOMINATIONS FOR CALHOUN COUNTY APPRAISAL DISTRICT BOARD OF
DIRECTORS:
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A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to accept the
nominations of Richard Barton, Jesse Briseno, Jackson D. "Buddy" Cross, Michael Chavana, and
William R, "Rick" Nichols for Calhoun County Appraisal District Board of Directors. Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
CHANGES TO SHERIFF AND CONSTABLE FEES:
A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to approve the
changes to Sheriff and Constable Fees. Commissioners Galvan, Balajka, Fritsch, Finster and
Judge Pfeifer all voted. in favor.
CAlJIOUN COUNTY
No changes in fee amounts: 0
Notices:
Subpoenas ..............................,.......... $ 60.00
Sununons ......................................,... $ 60.00
Writ of Attachment........................... $100.00
Writ of Garnishment................,........ $ 50.00
Writ of Sequestration........................ $100.00
Orders of Sale ................................... $100.00
Writ of Possession ............................ $100.00
Forcible Detainer ...............,.............. $ 60,00
Precept to Serve ................................ $ 60.00
Temporary Restraining Order .......... $ 60.00
Writ of Execution ............................. $100.00
Writ of Habeas COlpUS..................... $100.00
NEW FEE
75.00
75.00
150.00
100.00
150.00
150.00
150.00
7';.00
7~ no
71:\ ()()
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Service Fees:
Small Claims Citation....................... $ 60.00 ' 75.00
Justice Court Citation ......................, $ 60.00 75.00
All Other Courts' Citations ....,..,...... $ 60.00 75.00
Other Service Fees:
Show Cause Notice .......................... $ 60.00 75.00
Probate Citation by
Posting/Publication .......,............... $ 20.00 25.00
Other Citation by
PublicationIPosting ....,.................. $ 60.00
Notice of Hearing .............,............., $ 60.00
Notice of Sale ..........................,....... $ 50.00
Notice of Sale Posting (per location) $ 50.00
Service of or Attempted Service of any
Civil Process Document not listed $ 50.00
Clearance Letter ............................... $ 5.00
Accident Report............,................... $ 4.00
No fee assessed for serving or entering
Protective Orders.
75.00
75.00
60.00
60.00
7, nn
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Address: County Clerk, 211 South Ann Street, Port Lavaca, Texas 77979, phone 361-553-4411.
406
CALHOUN COUNTY (continued)
No changes in Published Address/Phone Number: 181
Changes to published Address:
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Changes to published Phone #:
I hereby acknowledge that these are the true and correct Sheriff's and Constable's
fees in Calhoun County as of 9- ~ ~.OI5 to be effective January 1, 2006.
DATE
Av\tkv rn~e
(please print)
Signature: LU.0n,. ~ d~\ uu .1th.1 e.l.e-l""-'
Calhoun County Clerk:
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407
INTERGOVERNMENTAL AGREEMENT BETWEEN FRIO COUNTY AND q.LHOUN COUNTY
REGARDING HOUSING OF CALHOUN COUNTY PRISONERS IN THE FRIO COUNTY
JAIL:
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan t~ enter
into an Intergovernmental Agreement between Frio County and Cal~oun County regardln~
housing of Calhoun County Prisoners in the Frio County JaIl. Commlssloners.Galvan, BalaJka,
Fritsch, Anster and Judge Pfeifer all voted in favor, .
- ,
THE STATE OF TEXAS
COUNTY OF FRIO
INTERGOVERNMENTAL AGREEMENT BETWEEN FRIO COUNTY AND
CALHOUN COUNTY REGARDING HOUSING OF CALHOUN COUNTY
. PRISONERS IN THE FRIO COUNTY JAll,
On the hereafter referred to date the COUNTY OF FRIO, TEXAS hereafter referred to
as "FRIO" and the COUNTY OF CALHOUN, TEXAS, hereafter' referred to
"CALHOlJN'1, entered into the following agreement concerning the incarceration of
overflow prisoners of CALHOUN County, Texas, and said agreement is set out in full
hereafter.
1. FRIO hereby agrees to house overflow prisoners incarcerated by CALHOUN on a
space avaiJable basis. The availability of the space shall be determined by the FRIO
County Sheriff in accordance with current jail regulations as set out by the Texas
Commission on Jail Standards concerning the separation and categories of prisoners.
FRIO shall access afeeIor housing said prisoners at.the rate of $41.50 per day per
prisoner, and FRIO shall bill CALHOUN on a monthly basis for said cost in an
itemized statement showing the number of days per individual prisoner housed by
FRIO. The day the inmate is booked in will be charged. The day the inmate is
booked out will not be charged.
2. CALHOUN shall pay fur any and all hospital, mental health, dental, health care
services and prescription drugs provided to any prisoners housed by FRIO for
CALHOUN. ~onnrescrintion ~4ication will hP ~ciminid"ered without charge bv
!llJQ. CALHOUN shall reimburse FRIO for transportation and stationary guard
services fur CALHOUN prisoners admitted to a medical facility at the rate of $10.00
per hour.
3. CALHOUN hereby agrees to comply with all booking procedures of FRIO, FRIO
hereby agrees to furnish CALHOUN a copy of those.
4, FRIO and CALHOUN hereby agrees that FRIO will not house any injured prisoners
unless CALHOUN has furnished an acceptable medical release signed by medical
personnel, certifying that the prisoner may be incarcerated.
5, FRIO further agrees that should a prisoner be injured while being housed by FRIO,
that FRIO will within ten (10) hours notifY CALHOUN of said injury and provide
CALHOUN with copies of all incident reports relating to the injury,
6, The FRIO County Sheriff reserves the right to refuse or remove any inmate from the
FRIO County Jail if it is in the best interest of FRIO. CALHOUN shall promptly
arrange to take custody of its prisoners if so requested by the FRIO County Sheriff.
408
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Written approval from FRIO must be obtained for any medium custody level inmate
from CALHOUN prior to FRIO accepting custody of said .inm;lte.FRj:O will not,
accept custody of any inmate from CALHOUN with a custody level higher than a
medium..
7. FRIO agrees to assume responsibility for all transportation of CALHOUN prisoners
housed in FRIO to and from FRIO and CALHOUN.
8. FRIO sball be fully responsible and liable for all suits, claims, losses, and expenses,
including reasonable attorney's fees, arising out of FRIO performance or
nonperformance of the services and duties herein stated, but only in regard to the '
actual holding and incarceration of prisoners by FRIO COunly Jail, and including the
transfer of prisoners to and from FRIO unless transported by CALHOUN.
9, This agreement shall be for one (1) year from the date of accepl1mce by FRIO and
shall be subject to renewals thereafter whenever is deemed necessary. If either party
deems renegotiation is necessary, that party sball notify the other party by certified
mail, addressed to County Judge of that party atIeast sixty (60) days in advance of the
tennination of this Agreement
10. All agreements between the parties are set out in this Agreement and no oral
agreement not contained herein shall be enforceable against either party,
~TED, APPROVED AND WITNESSED our hands on this !I
::Ji A,cJ1-"-U .2005.
CO~O~ '
BY: Q4~
~arcia, Frio County Judge
"i a (ld/ /)./77/3
Lionel G.Trevino, Sheriff; Frio County
QL~-holL~
Angie . , Frio CoUVty Clerk
~ fIlc:lli.w J;Jl~
day of
COUNTY OF CALHOUN
BY:~J J ~
aIhoun County J ge
c.fu-b
409
CHANGE COMMISSIONERS' COURT MEETING DATE FOR LAST MEETING IN
NOVEMBER DUE TO THANKSGMNG HOLIDAY AND CANVAS OF ELECTION BETWEEN
NOVEMBER 16 AND 21:
A Motion was made by Judge Pfeifer and seconded by Commissioner Balajka to change
Commissioners' Court Meeting date for last meeting in November due to Thanksgiving Holiday
and Canvas of Election to November 21, 2005. Commissioners Galvan, Baiajka, Fritsch, Finster
and Judge Pfeifer all voted in favor,
The Court recessed at 10:20 a.m.
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The Court was back in session on September 22, 2005 at 10:00 a.m,
APPOINT MEMBERS TO THE CALHOUN COUNTY DRAINAGE DISTRICT NO.6:
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept
the two resignation letters of Michael Billings and David Pfeil and accept the acceptance letters of
Charles Grubert and Patricia Kalisek to Calhoun County Drainage District No.6. Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
APPOINT MEMBERS TO THE CALHOUN COUNTY DRAINAGE DISTRICT NO.8:
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to appoint
Philip Henke to Calhoun County Drainage District No.8 to fiil the unexpired term of Patrick
Lundin Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor,
A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to appoint Melbourn
Shillings and Michael Mutchler to Calhoun County Drainage District No.8. Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
APPOINT MEMBERS TO THE CALHOUN COUNTY DRAINAGE DISTRICT NO. 10:
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to
reappoint Andrew J. Hahn, Jr., William H, Hahn, Jr. and Joseph A. Matson to Calhoun County
Drainage District No. 10. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all
voted in favor.
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MAXIMUS FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM CSCAAPl SERVICES
AND AUTHORIZE COUNTY JUDGE TO SIGN. AND TERMINATE AGREEMENT WITH
VERTEX TARGETED OPPORTUNmES. INC:
A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve
the Maximus for State Criminal Alien Assistance Program (SCAAP) Services and authorize Judge
pfeifer to sign, and terminate agreement with Vertex Targeted Opportunities, Inc.
Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
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"'410
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CALHOUN COUNTY, TEXAS
THIS AGREEMENT, entered into this 27 day of September, 2005 and
effective immediately by and between MAXTMUS, Incorporated (hereinafter called the
"Consultant") and CaIhoWl COWlty, Texas (hereinafter called the "COWlty"),
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WHEREAS, the COWlty desires to obtain maximum reimbursement for available Federal grants
and to engage the Consultant to assist in the preparation of acceptable applications for said
grants; and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the
required procedures to file applications for said grants; and .
WHEREAS, the COWlty desires to engage the Consultant to assist in developing, submitting, and
gaining Federal acceptance and payment of the grants applications;
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Emnlovment of Consultant. The COWlty agrees to engage the Consultant and the
Consultant hereby agrees to perform the following services.
(2) Scone of Services, The Consultant shall do, perform, and carry out in a good and
professional manner the following services subject to the provisions of Section (5) below.
A. Prepare and submit on the COWlty'S behalf, all economically viable applications
and/or necessary data required for SCAAP grants Or reimbursements for the 2006,
2007 & 2008 filing period based on data provided by the COWlty for the
2004/2005,2005/2006 and 2006/2007 fiscal years.
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B.
Prepare and submit other new or first-time SCAAP grants and reimbursements
made available in the 2006, 2007 and 2008 filing periods,
C. Monitor the payment status of all grant applications submitted on behalf of the
COWlty pursuant to this Agreement.
D. Assist the COWlty with any applications filed by the Consultant that are audited by
the Federal government.
(3) Time of Performance. The services to be performed hereWlder by the Consultant shall be
Wldertaken and completed in such sequence as to assure their expeditious completion in
order to best carry out the purposes of the Agreement. All application filing services
required hereWlder shall be completed by the required date for each specific grant.
Provided however, the Consultant shall not be liable for delays in performance that are
caused in whole or in part by the County, third parties over which the Consultant does not
have the legal right to control, or forces de majeure.
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,.
(4) Costs and Method of Comoensation
For the services provided, the County agrees to pay the Contractor a fee of fifteen percent
(15%) of the amount(s) paid and received for the 2006 filing period. The fee is due
within thirty (30) days of County's receipt of payments from the Federal government.
The County may elect to secure a three-year option pursuant to Scope of Services (2) A,
B, C & D and pay the Contractor fifteen percent (15%) of the recoveries received by the
County for the 2006, 2007 & 2008 filing periods. Payment to Contractor is due within
thirty (30) days of County's receipt of payments for each of the filing periods from the
Federal government.
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o Yes for three-year option
(initials)
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No for three-year option
~ (initials)
(5) Waiver of Submission of Aoolication(s) Pursuant to Scooe of Services (2) A & B
Notwithstanding any other provisions of this Agreement, the submission of applications
pursuant to Scope of Services (2) A and B may be waived in the following
circumstances:
A. At County Ootion. At the sole discretion of the County, the County may instruct
the Consultant to not file a specific application or applications pursuant to specific
Federal requirements. Such direction must be in writing and provided to the Consultant at
least thirty (30) days prior to the due date of the application,
B. At Consultant Ootion. At the sole discretion of the Consultant, the Consultant
may notify the County of its intention to not pursue a specific application and the reasons
therefore, Such notification must be in writing and provided to the County not less than
thirty (30) days prior to the due date of the application. Should the Consultant not so
notify the County, the County may expect the Consultant to pursue the application if it is
economically viable to the County.
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(6) Changes. The County may, from time to time, require changes in the scope of services of
the Consultant to be performed hereunder, Such changes, which are mutually agreed
upon by and between the County and the Consultant, shall be incorporated in written
amendment to this Agreement. ,
(7) Services and Materials to be Furnished bv the County. The Consultant shall provide
guidance to the County in detennining the data required for applications submissions.
The Consultant shall assume all data so provided is correct. Consultant shall make its
best effort to file applications in a timely manner pursuant to Scope of Services.
Consultant shall not be liable for claims that cannot be filed as a result of inadequate data,
or data that is provided in an untimely manner.
For purposes of this Agreement, data that is requested by the Consultant must be
provided within two weeks of the request, or three weeks prior to the filing deadline,
whichever would come first, to be deemed to have been received in a timely manner.
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412
(8)
Records and Inspections. The Consultant shall maintain full and accurate records with
respect to all matters covered under this agreement. The County shall have free access at
all proper times to such records, and the right to examine and audit the same and to make
transcripts there from, and to inspect all program data, documents, proceedings and
activities,
(9)
Accomolishment ofProiect. The Consultant shall commence, carry on, and complete the
project with all practicable dispatch, in a sound, economical, and efficient manner, in
accordance with the provisions thereof and all applicable laws. In accomplishing the
project, the Consultant shall take such steps as are appropriate to ensure that the work
involved is properly coordinated with related work being carried on in the County.
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(10) Matters to be Disregarded. The titles of the sections, subsections, and paragraphs set
forth in this contract are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any ofthe provisions of this contract.
(II) Comoleteness of Contract. This contract and any additional or supplementary document
or documents incorporated herein by specific reference contain all the terms and
conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto.
(12) Third Partv Obligations. The County and the Consultant are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing in this
Agreement gives, is intended to give, or shall be construed to give or provide, any right
or benefit, whether directly or indirectly or otherwise, to third persons.
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(13) When Rights and Remedies not Waived. In no event shall the making by the County of
any payment to the Consultant constitute or be construed as a waiver by the County of
any breach of covenant, or any default which may then exist on the part of the
Consultant, and the making of any such payment by the County while any such breach or
default shall exist in no way impair or prejudice any right or remedy available to the
County in respect to such breach or default.
(14) Personnel. The Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the services under this agreement. All of the services
required hereunder will be performed by the Consultant or under his supervision, and all
personnel engaged in the work shall be fully qualified to perform the services described
herein,
(15) Consultant Liability if Audited. The Consultant will asswne all financial and statistical
information provided to the Consultant by County employees or representatives is
accurate and complete. Any subsequent disallowance of funds paid to the County under
the claim(s) for whatever reason is the sole responsibility of the County.
(16) Independent Contractor. The parties intend that the Consultant, in performing the
services specified in this agreement shall act as an independent contractor and shall have
full control of the work and the manner in which it is performed. The Consultant and
Consultant's employees are not to be considered agents or employees of the County for
any purpose.
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,\...
(17) Insurance. Consultant shall maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
(18) Copyright for Consultant's Proprietary Software. The County acknowledges that the
deliverables provided by the Consultant to the County may be generated by Consultant's
proprietary software. Nothing contained herein is intended nor shall it be construed to
require the Consultant to provide such software to the County. The County agrees that all
ownership rights thereto lie with the Consultant. The County may use the deliverables
for and on behalf of its operation.
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(19) Notices. Any notices, bills. invoices, or reports required by this agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the address
noted below:
Calhoun County Judge
211 S. Ann Street Suite 304
Port Lavaca TX 77979
MAXIMUS, Incorporated
17310 Red Hill Avenue, Suite 340
Irvine, CA 92614
Such notice shall be deemed delivered five (5) days after deposit in the U.S, mailbox.
(19) Contract Receipt. This contract must be signed and returned to the Consultant by
September 30, 2005. Tf executed contract is not received by that date, the Consultant
cannot warrant that claims will be submitted on a timely basis
(21) Limitation of Liabilitv In no event shall MAXIMUS be liable for indirect, special,
consequential or punitive damages. MAXlMUS' liability to the County or any third
party, for any reason whatsoever and whether foreseeable or not, shall not exceed the
total amount paid to MAXIMUS under this Agreement.
TN WITNESS WHEREOF, the County and the Consultant have executed this Agreement as of
the date first written below.
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ATTEST:
Date: ~k.- \l>j.llos
By: -J1{u~~.J! tJ 7l(';4-
(County 6fficia
Title: IbI'~-Z f).-I(e
By:
Date: OCA
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APPROVE CREDIT CARD REOUEST BY CALHOUN COUNTY SHERIFF'S DEPARTMENT:
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This Agenda item was passed on,
APPROVE INTERGOVERNMENTAL AGREEMENT CONTRACT AND PER DIEM RATE FOR
HOUSING INMATES IN THE CALHOUN COUNTY ADULT DETENTION CENTER:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch.to approve
an Intergovernmental Agreement Contract and set the rate at $44,00 a day for ho~slng Inmates
in the Calhoun County Adult Detention Center. Commissioners Galvan, BalaJka, Fntsch, Finster
and Judge Pfeifer all voted in favor,
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INTERGOVERNMENTAL AGREEMENT BETWEEN CALHOUN COUNTY AND
COUNTY REGARDING HOUSING OF COUNTY
INMATES IN THE CALHOUN COUNTY ADULT DETENTION CENTER.
On the hereafter referred to the COUNTY OF CALHOUN, TEXAS hereafter referred to as
"CALHOUN", ENTERED INTO TIIE FOLLOWING Agreement concerning the incarceration
of overflow prisoners of County, Texas hereafter referred to as " "
and said Agreement is set out in full hereafter.
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I. CALHOUN hereby agrees to house overflow prisoners incarcerated by
if space is available. The availability of space shall be determined by
the Calhoun County Sheriff in accordance with the current jail regulations as set out
by the Texas Commission on Jail Standards concerning the separation and
classification of prisoners,
CALHOUN shall assess a fee for housing said inmates at the rate of$
per day per inmate and CALHOUN shall bill on a monthly basis for
such cost in an itemized statement showing the number of days each individual
inmate was housed in CALHOUN.
2, shall pay for any and all hospital and health care and prescription
drugs provided to any prisoner housed by CALHOUN for . Non
prescription medication shall be dispensed according to the Calhoun County Adult
Detention Center Medical Plan.
3, hereby agrees to comply with all booking procedures of CALHOUN,
shall provide booking, classification, medical and mental health
screening, suicide screening, and copies of all holds/detainers on each inmate,
4, CALHOUN and hereby agree that CALHOUN will not house any
In'ured inmates unless has furnished an acce table medical release
' '. m. >ignedby metlicl!tpersunllet;1:'ert1fYingthanlre-pnsmrermaY~ed,
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5, CALHOUN further agrees that should a prisoner be injured while being housed by
CALHOUN within (12) hours notifY of said injury and provide
with copies of all incident reports relating to said injury.
6. The CALHOUN County Sheriff reserves the right to refuse or remove any inmate
From the CALHOUN County Adult Detention Center if it is in the best interest of
CALHOUN, shall promptly arrange to take custody of its inmates if
so requested by the CALHOUN County Sheriff.
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agrees to assume responsibility for all transportation of
inmates housed in CALHOUN County.
8. All agreements between the parties are set out in this Agreement and no oral
Agreement not contained herein shall be enforceable against either party,
9, The County of agrees to bring with each inmate delivered to the
Calhoun County Adult Detention Center all available arrest, booking, classification,
medical, mental and suicide screening documents in possession of the County of
regarding each inmate, and has the duty to advise CALHOUN
of any known dangerous propensities, medical necessities, and medical conditions
of each inmate.
10, The County of shall be fully responsible and liable for all suits,
claims, damages, losses, or expenses, including reasonable attorney's fees arising out
ofthe County of performance or non-performance of the service and
Duties herein stated, but to the county of and specifically excluding
the actual incarceration of inmates by The County of . The County of
retains ful1liability for each inmate until that inmate has been
processed and booked into the Calhoun County Adult Detention Center.
II. The County of Calhoun shall be fully responsible and liable for all suits, claims,
damages. losses, and expenses, including reasonable attorney's fees arising out of The
County of Calhoun's performance or non-performance of the services and duties
herein stated, but only in regards to the actual holding and incarceration of prisoners
by The County of Calhoun in the Calhoun County Adult Detention Center and
Specifically excluding the transfer of prisoners to and from The County of Calhoun,
12, This Agreement shall be for one (1) year from date of acceptance by
And shall be subject to renewals thereafter or renegotiation whichever is deemed
necessary. If either party deems renegotiation of the contract is necessary, that party
shall notifY the other party at least sixty (60) days in advance of the termination of
this Agreement,
ACCEPTED, APPROVED AND WITNESSED, our hands on this
-----., '-TIre- .'..--day.of.- -- ---;20--.---
County of Calhoun
County of
By:
By:
County Judge
County Judge
Calhoun County Sheriff
County Sheriff
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APPROVE COPAY FEES CHARGES TO INMATES IN THE CALHOUN COUNTY ADULT
DETENTION CENTER FOR:
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A Motion was made by Commissioner Finster and seconded by Commissioner Galvan to approve
the Copay Fees of $25.00 for inmate medical, dental, and psychiatric service appointments, each
prescription, medical lab procedures and any other medical services provided outside the jail and
504 for over the counter medications for Calhoun County Adult Detention Center. Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
APPROVE SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR
RESIDENT BANKING SOFIWARE, COMMISSARY SERVICES. AND FIDUCIARY
MANAGEMENT SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION CENTER
INMATE COMMISSARY:
A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve
specifications and authorize County Auditor to advertise for Resident Banking Software,
Commissary Services, and Fiduciary Management Services for the Calhoun County Adult
Detention' Center Inmate Commissary with a one year contract with a renewal. Commissioners
Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor,
APPROVE BID SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE
FOR INMATE TELEPHONE SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION
CENTER:
A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve
Bid Specifications and authorize County Auditor to advertise for inmate telephone services for the
Calhoun County Adult Detention Center, Commissioners Galvan, Balajka, Fritsch, Finster and
Judge Pfeifer all voted in favor,
APPROVE BID SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE
FOR FOOD SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION CENTER:
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A Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to approve Bid
Specifications and authorize County Auditor to advertise for food services for the Calhoun County
Aduit Detention Center. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all
voted in favor.
APPROVE BID SPECIFICATIONS AND AUTHORIZE COUNTY AUDITOR TO ADVERTISE
FOR PHYSICIAN MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT DETENTION
CENTER:
A Motion was made by Judge Pfeifer and seconded by Commissioner Finster to approve Bid
Specifications and authorize County Auditor to advertise for Physician Medical Services for the
Calhoun County Adult Detention Center. Commissioners Galvan, Balajka, Fritsch, Finster and
Judge Pfeifer all voted in favor.
APPROVE BID SPECIFICATIONS AND AUTHORIZATION COUNTY AUDITOR TO
ADVERTISE FOR NURSE MEDICAL SERVICES FOR THE CALHOUN COUNTY ADULT
DETENTION CENTER:
This Agenda Item was passed on at this time.
TEXAS ELECTRONIC FRAMEWORK STANDARD SERVICE LEVEL AGREEMENT BETWEEN
BEARING POINT. INC, AND CALHOUN COUNTY:
A Motion was made by Judge Pfeifer and seconded by Commissioner Galvan to approve Texas
Eiectronic Framework Standard Service Level Agreement between Bearingpoint, Inc, and Calhoun
County. Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor.
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TEXAS ELECTRONIC FRAMEWORK
STANDARD SERVICE LEVEL AGREEMENT
This Service Level Agreement (this "Agreement") is between BearingPoint, Inc,
("BearingPoint") and Calhoun County ("Government Entity"), a local government entity within
the State of Texas, BearingPoint and Government Entity may be referred to each as a "Party", or
collectively as "Parties", herein,
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WHEREAS, the Texas Electronic Framework ("TEF") is a framework constructed pursuant
to the Texas Electronic Framework Agreement, as renewed and amended (hereinafter called the
"Master Contract") between the Texas Department of Information Resources (DlR) and KPMG
Consulting L.L.C,(predecessor-in-interest to BearingPoint"),
WHEREAS, "TexasOnline" is the name of the primary Web site for TEF and for hosted
applications of state agencies and local governments electing to use the hosting services.
WHEREAS, "Electronic Payment" or "ePay" is the name of the Payment Services and Web
site that is used by Texas Online participants for e-comrnerce transactions,
WHEREAS, this Agreement applies to BearingPoint providing eFiling services on
TexasOnline (the "Services") to Government Entity,
THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree to the following.
1. Master Contract
The Parties acknowledge and agree that the terms and conditions of the Master Contract
applicable to Government Entities, as well as specific sections of the Master Contract referenced in
this Agreement, are incorporated herein by this reference and shall apply with full force and effect to
the provision of Services under this Agreement by BearingPoint to Government Entity, No other
terms of the Master Contract shall apply to the provision of the Services hereunder as between
BearingPoint and Government Entity. Capitalized terms not defined herein shall have the same
meaning ascribed to them as in the Master Contract.
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2. Authority Approval
Government Entity acknowledges that in order for BearingPoint to provide Services pursuant
to this Agreement, the Department oflnformation Resources Board ("Board") must approve placing
at least one of Government Entity's applications for inclusion on TexasOnline, A list of available
applications using Services under this agreement is included in Exhibit A - Applications, Services
and Fee Schedules.
3. Privacy and Security
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Section IX, Privacy and Security, ofthe Master Contract is incorporated herein by reference;
BearingPoint's obligations set forth in Section IX ofthe Master Agreement shall apply with respect
to Government Entity.
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4. Government Entity Security
BearingPoint will not be liable for issues caused by Government entity's failure to secure
software, hardware, and data or failure to comply with the state mandated policies and procedures,
5. Services
All Services to be provided by BearingPoint to Government Entity under this Agreement are
set out in Exhibit A.
6. Limited Warranty by BearingPoint
BEARINGPOINT WARRANTS THAT ALL SERVICES PERFORMED UNDER
TIDS AGREEMENT SHALL BE PERFORMED IN A GOOD AND WORKMANLIKE
MANNER. GOVERNMENT ENTITY SHALL PROVIDE WRITTEN NOTICE OF ANY
SERVICE WIDCR IT BELIEVES IS NOT PERFORMED IN A GOOD AND
WORKMANLIKE MANNER. BEARINGPOINT SHALL REPERFORM ANY SERVICES
WIDCR ARE DETERMINED TO NOT HAVE BEEN PERFORMED IN A GOOD AND
WORKMANLIKE MANNER. BEARINGPOINT DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
7. Fees
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For the Services to be provided to the Government Entity as outlined in Exhibit A,
BearingPoint is entitled to the fees set out in Exhibit A The convenience fee amounts will be clearly
stated to the user, Users will give explicit confirmation that they have agreed to pay the fees, No
fees are due to BearingPoint by the Government Entity,
8. Modifications to Fees and Services
This agreement Can be modified for the addition of both Services and fees based on mutual
agreement in writing of Bearing Point and Government Entity.
9. Government Entity Obligations
9.1. Government Entity shall provide a contact number for the application(s) on an 8; DO a,m _ 5; DO
p,m CT basis to receive I" and 2nd level inquiries received by the Customer Information Center,
9.2.Government Entity and BearingPoint agree to cooperate in performance of their obligations
under this Agreement.
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9.3. Government Entity and BearingPoint agree that they shall comply with the privacy statements,
which are displayed on the TexasOnIine site, and with all applicable laws related to information
received from or distributed to individuals using the Services.
9.4. Government Entity shall provide access to information and systems as BearingPoint deems
necessary to assist BearingPoint in performing its obligations hereunder,
9.5. No later than 60 days prior to implementation, the Government Entity must provide to
BearingPoint banking information for all required financial accounts including, but not limited to:
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. Government Entity Financial Contact Name
. Government Entity Financial Mailing Address
. Government Entity Financial Contact Title
· Government Entity Financial Contact Telephone Number
. Government Entity Financial Contact email Address
. Government Entity Bank Name(s)
. Government Entity ABA Number(s)
· Government Entity Bank Account Number(s)
. Government Entity Bank Contact Name
. Government Entity Bank Contact Phone Number
. Government Entity Bank Address
. Voided Check or Bank Letter on Government Entity's Bank's Letterhead
The required information is subject to change according to what is necessary to correctly process
fees and disburse payments to the Government Entity, BearingPoint shall maintain such banking
information confidential and in a secure location and shall not utilize the information for any
purposes whatsoever, other than consistent with the tenus of this Agreement,
9.6. Government Entity shall at all times be responsible for the back-up and preservation of any data
within Government Entity's control which does not reside on TexasOnIine Web site or electronic
payment Web site,
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9.7. Government Entity shall notify BearingPoint within 4 hours that the Government Entity's
system is down or otherwise unable to electronically receive documents if the failure occurs Monday
through Friday 8:00 AM until 5:00 PM. If the failure occurs at any other time notifications shall be
made the next business day within four hours,
9.8. Proposals for new applications and services may be developed by either BearingPoint or
Government Entity and submitted to the Authority for approval and inclusion for TexasOnline,
Government Entity acknowledges that developing new applications and services is essential to
TexasOnIine becoming and remaining successful.
9.9. Government Entity shall at least on a daily basis check and accept or reject all fliings.
9.10. Government Entity shall accept and use additional eFiling functionality and new document
types as is available from TexasOnIine,
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9.11. Government Entity is responsible to test the functionality and performance of all Government
Entity produced and maintained applications and interfaces to TexasOnline, Notwithstanding
anything to the contrary in this Agreement, both parties agree to one forty-five (45) day lllltIal Pilot
Phase beginning on inception of service during which time Government Entity will evaluate the
Services and test for performance and reliability of Service toward its purpose as understood by both
parties. If the Government Entity is dissatisfied as to the performance of the Services during the
initial Pilot Phase, BearingPoint shall have thirty (30) days from receipt of notice of Government
Entity's dissatisfaction to make changes as necessary, to the satisfaction of the Government Entity,
9.12. Government Entity is responsible to perform user acceptance testing ofthe TexasOnline
eFiling Services and enhancements,
9.13. Government Entity is responsible to train staff on prof1Ie, intake functions and financial
reconciliation functions related to the Services,
9.14. Government Entity accepts the responsibility to maintain an accurate profile as required with
respect to the Services, including an accurate fee schedule, Government entity agrees to accept any
ttling and fee that is calculated from information provided in the clerk maintained profile. Any
conflict that arises due to the failure of the Government Entity to provide accW'ate profile
information, including accW'ate fee information is the sole responsibility of the Government Entity,
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9.15. Government Entity shall provide a hyperlink to the TexasOnline home page from the
Government Entity's home page as well as display the TexasOnline logo on the Government
Entity's home page. Government Entity will maintain the hyperlink to TexasOnline and make
appropriate changes in the URL as requested by TexasOnline,
9.16. Government Entity shall support BearingPoint efforts to upgrade the TexasOnline
environment Operating System, Application Server Software, Web Server Software, and Hardware
On Government Entity environments, as hosted by BearingPoint.
9.17. Government Entity is responsible for any reasonable costs related to the development of an
automated interface application that would process data available from eFiling into Government
Entity Systems, subject to prior written approval by Government Entity,
9.18 In the event the Government Entity publishes information about the Services available that are
hosted by TexasOnline, then the following language shall also appear: "In affiliation with
www.TexasOnline.com...
9.19 Government Entity shall be responsible for receipt (when the filing is available for access on
the TexasOnline browser) of any filings made on TexasOnline,
9.20 If Government Entity chooses to charge a convenience fee then Government Entity must give
BearingPoint sixty (60) days prior written notice of the fee or change in the fee, BearingPoint will
submit fee change requests to the Department of Information Resources Board for approval, If
approved, such fee changes will be implemented thirty (30) days from approval,
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9.21 Not later than 30 calendar days after the effective date of this agreement, Government Entity
shall provide BearingPoint with historical filing statistics in those courts in order to enable
BearingPoint to increase the use of electronic filing and electronic service The statistics shall
include, for the preceding l2-month period, the names of each attorney who has filed documents in
the specified courts, the total number of documents filed by the attorney, the attorney's fmn name,
and the attorney's full mailing address and phone number, Government Entity shall provide the
information in electronic format.
10. Performance and Availability
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BearingPoint will provide the Services at the following service levels (the "Service Level(s)"
or "SLA(s)"), BearingPoint will provide page loading time to the user (measured at the Web server)
on an average of 5 seconds. Page loading performance will be measured by opening respective
pages through a browser at a Web server located at the site hosting the pages, Pages containing
specialized content, specifically those containing eFiling documents, are not exempted from the
average page loading time commitment. Submission of the filing by the filer is exempted from the
average page loading time commitment.
BearingPoint will provide up-time and availability of the TexasOnline network and
Electronic Payment System of98, 5%, This Service Level will be measured monthly, The following
will not be included in BearingPoint's up-time and availability computation:
I)
Scheduled and planned outages for the purpose of upgrades or maintenance All
outages will be scheduled with a minimum of 72 hours of advance notice to the
Department ofInformation Resources, and shall occur only during non-peak hours
unless otherwise agreed by the Parties, lf1ess than 72 hours notice is provided or the
Department oflnformation Resources does not approve the upgrade or maintenance
period (provided such approval is not unreasonably withheld), it will be considered
down-time for the purpose of this SLA. Upon receipt ofDIR approval, BearingPoint
will notifY Government Entity of all scheduled and planned outages,
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2)
Government Entity may at its own discretion request an outage with respect to
Services, which will not be considered down-time for the purpose of this SLA.
3) Any Framework systems or components that are not owned, controlled or contracted
by BearingPoint that fail and result in an outage, will not be down-time for the
purpose of this SLA, unless the cause of the failure can be shown to have been a
result of BearingPoint's negligence or malfeasance,
4) Service outages caused by Government Entity application code failure or failure of
Government Entity maintained portions of the application or infrastructure.
5) Any downtime that exists as a result of a Government Entity network infrastructure
failure will not be considered downtime for the purposes of this SLA.
6) BearingPoint reserves the right to restrict the size of eFiling attached documents in
order to preserve performance corrnnitments,
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7)
Iffor any reason, TexasOnline or BearingPoint are unable to electronically transmit a
document to the Government Entity, then BearingPoint will deliver the document to
the Government Eutity in some other manner by 5 p.m on the first business day
following receipt of confirmation from Government Entity of the failure to
electronically receive or transmit the documents.
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11. Effective Date; Renewal
This Agreement is effective upon execution by representatives of BearingPoint and
Government Entity and expires three years after execution of the contract. Thereafter, the agreement
shall renew automatically for one year increments, unless either party gives ninety-days written
notice that it is terminating the Agreement. Termination of the Master Agreement will not
terminate this Agreement unless both parties agree to such termination,
Government Entity agrees and acknowledges that the tenns 0 f the Master Contract related to
force majeure, confidentiality, and limitations on damages are hereby incorporated by this reference
and shall apply to this Agreement, and Government Entity shall be bound by the responsibilities for
any governmental unit within the State of Texas with regard to such provisions.
Any tenns contained in this Agreement, which conflict with or are in violation ofTexas law,
are void regardless of whether Government Entity accepts such tenns or is deemed to have accepted
such tenns,
12. General Terms
12.1. No Waiver. No provision of this agreement will constitute or be construed as a waiver of
any of the privileges, rights, defenses, remedies, or immunities available to Government Entity, as a
local government entity within the State of Texas, or otherwise available to Government Entity, The
failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or
immunities available to either party will not constitute a waiver of said privileges, rights, defenses,
remedies, or immunities or be considered as a basis for estoppel.
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12.2. Entire Agreement; Connicts. Except as expressly provided otherwise herein, this
Agreement will represent the entire agreement by and between Government Entity and BearingPoint
regarding the subject matter of this Agreement, This Agreement may not be changed or amended
except by the mutual written agreement of the parties, Tn the event of contlict between thetenns and
conditions of this Agreement and the tenns and conditions of the Master Contract, the tenns and
conditions of this Agreement shall govern.
12.3. Applicable Law. This Agreement shall be construed and governed by the laws of the State
of Texas. Venue shall be in Calhoun County, Texas.
12.4. Severability. If one or more provisions of this Agreement, or the application of any
provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the
remainder of this Agreement and the application of the provision to other parties or circumstances
shall remain valid and in full force and effect.
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12.5. Amendments. This Agreement may be amended only upon written agreement between
Government Entity and BearingPoint, but in no case will this Agreement be amended so as to make
it conflict with the laws of the State of Texas,
12.6. Assignments. Neither Government Entity nor BearingPoint may assign or transfer this
Agreement without the written consent of the other, which consent will not be unreasonably
withheld, except that upon written notice to Government Entity, BearingPoint may assign this
Agreement without Government Entity's consent to any entity that BearingPoint controls, is
controlled by, or is under common control with, (provided such entity is adequately capitalized) or to
any entity which acquires or succeeds to all or substantially all of the business or assets of
BearingPoint whether by consolidation, merger, sale or otherwise (such as a spin-off of
BearingPoint),
12.7. Partially Completed Work. Section IV, Ownership of Intellectual Property;
Indemnification in the Master Contract is incorporated herein by reference and shall apply to work
product created by BearingPoint pursuant to this Agreement
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12.8. Independent Contractor. BearingPoint shall serve as an independent contractor in
providing Services under this Agreement. BearingPoint's employees are not and shall not be
construed as employees of Government Entity,
12.9. Limitation on Authority; No Other Obligations. BearingPoint shall have no authority to
act for or on behalf of Government Entity except as provided for in this Agreement and the Master
Contract; no other authority, power or use is granted or implied, BearingPoint may not incur any
debts, obligations, expenses, or liabilities of any kind on behalf of Government Entity other than
those incurred in performance of this Agreement and the Master Contract.
12.10. Supporting Documents; Inspection of Records. Section XIII. Right to Audit of the Master
Contract is incorporated herein by this reference. BearingPoint's obligations set forth in Section
XIII of the Master Agreement shall also apply with respect to Government Entity, In addition to the
requirements of Section XITI. Right to Audit of the Master Contract, BearingPoint shall maintain and
retain supporting fiscal documents adequate to ensure that claims for Agreement funds are in
accordance with applicable State of Texas requirements, These supporting fiscal documents shall be
maintained and retained by BearingPoint for a period of two (2) years after the date of submission of
the final invoices,
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12.11. No Conflicts. BearingPoint represents and warrants that BearingPoint, to the best of its
knowledge, has no actual or potential conflicts of interest in providing Services to Government
Entity under this Agreement and that BearingPoint' s provision of Services under this Agreement to
the best of its knowledge would not reasonably create an appearance of impropriety,
12.12. Financial Interests; Gifts. BearingPoint represents and warrants that neither Bearingpoint
nor any person or entity, which will participate financially in this Agreement, has received
compensation from Government Entity for participation in preparation of specifications for this
Agreement. BearingPoint represents and warrants that it has not given, offered to give, and does not
intend to give at any time hereafter, any economic opportunity, future employment, gift, loan,
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gratuity, special discount, trip, favor or service to any public servant or employee in connection with
this Agreement..
BearingPoint is subject to audit by Government Entity during the term of this contract and within
two years of the tennination of this contract, and thereafter as provided by law, to detennine that
Services were proper and the billings were correct.
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12.15 Notices. All notices permitted or required under this Agreement will be in writing and will be
by personal delivery, a nationally recognized overnight courier service, facsimile transmission or
certified or registered mail, return receipt requested, Notices will be deemed given upon the earlier
of actual receipt or one (1) day after deposit with the courier service, receipt by sender of
confirmation of electronic transmission or five (5) days after deposit with the V.S, Postal Service,
Notices will be sent to the addresses listed below, or to such other address as either Party may
specify in writing,
If to BearingPoint:
BEARINGPOINT
Attention: Gary Miglicco
301 Congress Ave" Suite 1300
Austin, Texas 78701
with a copy to:
BEARINGPOINT
Attention: Office of General COllllSeI
1676 International Drive
M cLean, Virginia 22102
If to Government Entity:
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County Judge
Calhoun County
21l South Ann Street, 3" Floor
Port Lavaca, Texas 77979-4296
With a copy to:
13. Separate Deposit Accounts; Losses. Any fees specifically related to a legal filing and
corresponding services including but not limited to citation, service of process and copy charges, are
transferred viaACH to the appropriate Government Entity financial account(s) by the credit card or
ACH processor upon fund capture, BearingPoint is responsible for nonna! processing fees
associated with these accounts; however, Government Entity agrees that it shall be liable for any
refunds, chargebacks, and additional fees or expenses associated with this payment collection,
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14. Tennination.
14.11n the event that either party fails to cany out or comply with any of the material tenns and
conditions of this Agreement, the other party may notifY the breaching party of such failure or
default in writing and demand that the failure or default be remedied within thirty (30) days In
the event that the breaching party fails to remedy such failure or default within thirty (30) days of
receiving written notice, the other party shall have the right to cancel this Agreement upon thirty
(30) days written notice, Notwithstanding the foregoing, Government Entity shall not have the
right to cancel this Agreement ifBearingPoint's failure or inability to comply with the terms and
conditions of this Agreement is caused by or arises from, in whole or in part, the refusal or
inability, for whatever reason, of Government Entity to provide the support and assistance that
BearingPoint requires from Government Entity to perform its obligations under this Agreement,
and which Government Entity previously agreed to provide to BearingPoint, If Government
Entity does not provide BearingPoint with the requisite level or amount of support, for whatever
reason, BearingPoint will, upon receipt of the Authority's approval, be entitled, but not
obligated, to suspend or cancel any further work on the particular Senices for which adequate
support is not available, and focus its efforts on other Services,
14.2 Either BearingPoint or Government Entity may tenninate this Agreement without cause at
any time upon ninety (90) days prior written notice,
14.3 Government Entity may elect to continue to utilize BearingPoint's Services under this
Agreement even if the Master Contract expires or tenninates,
15. Indemnification and Release of Liability
BearingPoint will indemnify, defend and hold harmless Government Entity against any action or
claim brought against the Government Entity to the extent that it is based upon a claim that the
Software infringes any V,S. patent rights, or incorporates any misappropriated trade secrets (a
"Claim"), BearingPoint will pay any damages attributable to such Claim that are awarded against
the Government Entity in a judgment or settlement approved in advance by BearingPoint provided
that the Government Entity: (i) promptly notifies BearingPoint in writing of the Claim; (ii) grants
BearingPoint sole control of the defense and settlement of the claims through the Government
Entity; and (iii) provides BearingPoint with all reasonable assistance, information, and authority
required for the defense and settlement of the Claim, If Government Entity's use of any of the
Software hereunder becomes subject to a Claim, or in BearingPoint's opinion is likely to become
subject to a Claim, BearingPoint may, at its sole option and expense; (i) procure for Government
Entity the right to continue using the Software under the tenns of this Agreement; (ii) replace or
modify such Software so that it is non-infringing; or if options (i) and (ii) above cannot be
accomplished despite BearingPoint's good faith efforts, then BearingPoint may terminate this
Agreement by complying with the notice requirements in V, (b) of the Master Contract, and the
continued operation requirements of paragraph Xl( a) ofthe Master Contract to the extent that it can
continue to be operated or maintained without further infringement.
THE PROVISIONS OF THIS PARAGRAPH 15 SET FORTH BEARlNGPOlNT'S SOLE
AND EXCLUSIVE OBLIGATIONS, AND THE GOVERNMENT ENTITY'S SOLE AND
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EXCLUSIVE REMEDIES, WITH RESPECT TO ANY CLAIMS OF INFRINGEMENT OR
MISAPPROPRIATION OF U.S. PATENT RIGHTS, U.S. COPYRIGHT RIGHTS, OR
TRADE SECRET RIGHTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT
BEARINGPOINT'S OBLIGATION TO INDEMNIFY THE GOVERNMENT ENTITY
UNDER THIS PARAGRAPH DOES NOT APPLY TO CLAIMS OF INFRINGEMENT OF
FOREIGN INTELLECTUAL PROPERTY RIGHTS.
BEARINGPOINT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF
ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR
LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS AGREEMENT OR THE RIGHTS PROVIDED HEREUNDER SUFFERED BY
GOVERNMENT ENTITY OR BY ANY ASSIGNEE OR OTHER TRANSFEREE OF, OR
HURD PARTY CLAIMING RIGHTS DERIVED FROM GOVERNMENTENTTIY, EVEN
IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
BEARINGPOINT's TOTAL LIABILITY HEREUNDER SHALL NOT EXCEED THE NET
REVENUES ALLOCATED TO BEARlNGPOINT UNDER THIS AGREEMENT IN THE
TWELVE MONTHS PRECEDING ANY CLAIM. THIS LIMITATION SHALL NOT
APPLY TO: (1) ANY MONETARY PENALTIES SPECIFIED IN THIS AGREEMENT,
PROVIDED THE AMOUNT OF MONETARY PENALTIES HEREUNDER SHALL NOT
EXCEED $10,000 PER INCIDENT OR $100,000 PER GOVERNMENT ENTITY FISCAL
YEAR; OR (2) INTELLECTUAL PROPERTY INDEMNIFICATION DESCRIBED IN
PARAGRAPH 15 OF THIS AGREEMENT, PROVIDED THE AMOUNT OF
BEARINGPOINT'S COSTS RELATED TO SUCH INDEMNIFICATION SHALL NOT
EXCEED $250,000.00, THE PARTIES AGREE AND ACKNOWLEDGE THAT THIS
LIMITATION OF DAMAGES IS A FREELY BARGAINED FOR ALLOCATION OF RISK.
16. Dispute Resolution
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If a dispute seeking money damages is identified by Government Entity or BearingPoint,
dispute resolution will follow the procedures outlined in Section XVII of the Master Contract (which
is incorporated herein by this reference), which references Chapter 2260 of the Texas Government
Code, Any issue that is not resolved in a timely manner may be taken to the Authority for resolution
by either Party.
BearingPoint, Inc,:
,
County:
By: 'l% t!.J Q W
Name: Michael Pfeifer
Title: County Judge, Calhoun County
Date: ItJ - ~ -tiS-
II I . ,^ rill r'V Attest:
~~" l~ I difl.ltl1~.ili!(,
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Exhibit A - Annlications. Services and Fee Schedules
List of Bearinl!Point Annlication(s) Sunnorted in Association with the Services
1. Electronic Filing Manager (EFM) Application
a. Court Intake Application
b. Court ProfUe
c. Court Registration
d. Filer Registration
e. Payment Services
2. Standard XML Interlace
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list of Services Provided Under Al!reement
1. Electronic Payments System Credit Card Authorization Services/Settlement Services
a, BearingPoint will provide authorization and settlement transaction services for credit cards,
Visa and MasterCard transactions will be processed and settled by the credit card processor
through the Government Entity Merchant Agreement.
b. The processor will transfer all eFiling funds to the appropriate Government Entity bank
account based on agreements between the processor and the State, BearingPoint is not
responsible for actual fund transfers, The processor will transfer all EFM convenience fee
funds to a BearingPoint bank account.
2. Electronic Payments Chargeback Services
a, BearingPoint will develop and provide the procedures for Government Entity to follow to
process chargebacks for applicable credit card transactions should they occur,
3. Filing Purge Services
a, Government Entity will check and accept or reject all filings on at least a daily basis,
BearingPoint will purge all filings 10 days after the Government Entity acts on the filing by
accepting or rejecting the filing, All filings will be purged not later than 30 days after they
are suhmitted by the filer
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4. Customer Information Ceuter Services for Government Entity applicatious
a, BearingPoint will provide frrst level customer support for the Government Entity
applications through the TexasOnline CIe, First level support includes responding to phone
calls and email requests for assistance in using the application, Questions that cannot be
answered by a frrst level technician will be forwarded either to the Government Entity
contact or level two support for resolution,
b. A live call center operation will handle user phone calls 7:00 am to 7:00 p,m CT daily, 7
days a week. However, future alterations to these times and days may occur periodically
throughout the term of this Agreement if BearingPoint determines that peak usage of the
Framework is at times other than those described above.
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c, First and second-level support is limited to technical support regarding the TexasOnline
network or availability and application functionality. Government Entity business questions
or filing rules, as they pertain to eFiling, are the responsibility of the Government Entity,
Questions that require Government Entity response will be fonvarded to the Government
Entity contact for resolution, The customer will be referred appropriately.
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5. Customer Information Center Services for Electronic Payments transaction services
a. BearingPoint will provide fJrst - third level customer support through the TexasOnline eIe
for the Payment transactions processed through the Electronic Payments system First level
support includes responding to phone calls and email requests for assistance in using the
application, Questions that require Government Entity response will be forwarded to the
Government Entity contact for resolution, Questions that require the Electronic Payments
System investigation or response will be forwarded to the Electronic Payments Customer
Support areas.
b, A live call center operation will handle user phone calls 7:00 a,m to 7:00 p,m CT daily, 7
days a week. However, future alterations to these times and days may occur periodically
throughout the term of this Agreement if BearingPoint determines that peak usage of the
Framework is at times other than those described above,
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6. TexasOnline Hosting and Application Service Provider (ASP) Services
a, Services provided by BearingPoint include all services related to the hosting of eFiling
applications including:
I) Application design
2) Database design and setup
3) Standard interface design to meet the statewide Court Filing standard,
4) Interface design for exchange between T exasOnline and the Electronic Payments System
5) Support secure communication standards between TexasOnline and Government Entity
6) Application development and testing
7) Page and form development
8) Continued application enhancements and modifications
9) Applications support and maintenance
7. TexasOnline Training
a, BearingPoint will provide training support documentation on the appropriate use of the
TexasOnline EFM,
8. Strategic Outreach
a, Services provided by BearingPoint include the following strategic outreach services:
I) Provide a sample communication plan for the Government Entity; and
2) If appropriate, consider the possibility of ajoint marketing program and/or expenditure
with the Government Entity,
9. Physical Environment Management
(a) BearingPoint will provide physical security and access management, protected power supply,
air conditioning and fire suppression tbrough the West Texas Disaster Recovery Operations
Center (WTDROC).
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10. Network Infrastructure Management
(a) BearingPoint will provide Front-End Network Management, Firewall Infrastructure and
Support Services, Intrusion Detection Services, Back-End Network Management and
technical support for the TexasOnline EFM located at WTDROC, BearingPoint will manage
all the TexasOnline EFM resources necessary to get users to Government Entity's
applications and retwn the information to them This includes the switches, load-balancing
devices, bandwidth regulating devices, and other related devices,
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11. Hardware Management
(a) BearingPoint will provide Hardware Installation, Hardware Management and support for
TexasOnline EFM components located at WTDROC. BearingPoint will install and maintain
TexasOnline EFM servers and server components and will ensure third-party service
providers for hardware are notified appropriately, when required,
12. Operating System Administration
(a) BearingPoint will provide Operating System Software installation, configuration,
optimization, and support for TexasOnline EFM components located at WTDROC.
BearingPoint will create the underlying T exasOnline environment and work with
Government Entity to ensure that systems are configured and tuned appropriately to support
the needs of Govemment Entity applications,
Fee Schedule
The fee schedule listed below outlines the convenience fees required from the Internet user
for each completed transaction.
Government Entity Convenience
Service Tvve Fee
Electronic Filing
Manager Court Intake $ 6,00
Services
Cost Recovery on all based on the credit card
Credit Card type and starting at
transactions 2,25% the first year,
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BearingPoint will pay $2,00 for each accepted e-filing to Government Entity on a montWy basis,
the fee for cost recovery as approved by the Department ofInformation Resources Board,
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TAX RESALE DEEDS AND RESOLunONS PROVIDING FOR THE SALE OF THE
FOLLOWING PROPERTIES PREVIOUSLY BID IN TRUST TO THE COUNTY OF CAHOUN
AND AUTHORIZE THE COUNTY JUDGE TO SIGN THE DEEDS:
A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to approve
the tax resale Deeds and Resolutions providing for the sale of the following properties previously
bid in trust in the County of Calhoun and authorize Judge Pfeifer to sign the Deed, Lots 2, 3, & 8
Block 174 Seadrift Townsite, Lots 1, 2, 3, & 4 West of Block 185 City of Seadrift Townsite, Lots 1
and 2 Blo~k 160 Original Townsite of the City of Seadrift and Lots 5 & 6 Seadrift Townsite,
Commissioners Galvan, Balajka, Fritsch, Finster and Judge Pfeifer all voted in favor,
,
RESOLUTION PROVIDING FOR THE SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN
AT DELINQUENT TAX SALE
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WHEREAS, Lots 1 and 2, Block 160, Original Townsite of the City of Seadrift, Calhoun County,
Texas was offered for sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a
judgment of foreclosure for delinquent taxes by the District Court; and
WlIEREAS, no sufficient bid was received and the property was struck off to the County of
Calhoun, Texas. pursuant to TEX.PROP. TAX CODE ~34.01(c); and
WlffiREAS, TEX,PROP. TAX CODE ~34.05(a) provides that we may accept a sufficient bid. A bid
of THREE THOUSAND TWO HUNDRED TWENTY FIVE AND NO HUNDREDTHS DOLLARS
($3,225.00) has been made by Kathy Riske and
THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that
the County Judge is hereby authorized to convey Lots 1 and 2, Block 160, Original Townsite of the
City of Seadrift, Calhoun County, Texas to Kathy Riske for the sum of THREE THOUSAND TWO
HUNDRED TWENTY FIVE AND NO HUNDREDTHS DOLLARS ($3,225.00) payable to the
Calhoun County Appraisal District for distribution as provided by law.
PASSED, APPROVED AND ADOPTED THIS
2005.
27
day of September
~~#
COUJ;lty ommissioner. Precmct 3
e /!~lA-. ~'at;."
County Commissioner. Precinct 4
431
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TAX RESALE DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON. YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING TNFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD TN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DATE: September 6, 2005
GRANTOR: County of Calhoun
GRANTEE: Kathy Riske
GRANTEE'S MAILING ADDRESS: 10463 State Hwy. 238, Port Lavaca, Texas 77979
CONSIDERATION: THREE THOUSAND TWO HUNDRED TWENTY FIVE AND NO HUNDREDTHS e
Dollars ($3,225.00)
PROPERTY: Lots 1 and 2, Block 160, Original Townsite of the City of Seadrijt, Calhoun County, Texas
being that property more panicularly described in Volume 286, Page 520 of the Deed Records, Calhoun
County, Texas; Account Number 000000034000
TAX FORECLOSURE LAWSillT: Cause No, 95-03-4963 Calhoun County Appraisal District v. Alice
Ann Nitschke et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from
and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the
receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the
right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under
the TAX FORECLOSURE LAWSUIT referenced above.
TO HAVE AND TO HOLD all of its right. title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that
neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have,
claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY,
including, without limitation, any warranties arising by common law or Section 5.023 of the Texas
Property Code or its successor.
GRANTOR has not made, and does not make any representations, warranties or covenants of any kind
or character whatsoever, whether express or implied, with respect to the quality or condition of the
PROPERTY, the suitability of the PROPERTY for any and all activities and uses which GRANTEE may
conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any
applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, GRANTOR does not make any representations regarding hazardous wa5te, as defined by the
Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental
Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property,
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The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults",
. This conveyance is expressly made subject to property taxes for the tax year 2005 and subsequent
years,
This conveyance is expressly subject to any existing right or redemption remaining to the former
owner of the PROPERTY under the provisions of law,
This conveyance is expressly subject to all easements and restrictions of record. Purchaser agrees to
comply with all county and city ordinances and regulations concerning trash, weeds, and junk.
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.
When the context requires, singular nouns and pronouns include the plural.
' IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34.05 of the Texas Property Tax
Code, has caused these presents to be executed on the date set forth in the acknowledgement attached
hereto, to be effective as of DATE.
County of Calhoun
BY7Vt1fl W
Mike Pfeifer
THE STATE OF TEXAS
COUNTY OF CALHOUN
@
@
@
Before me, the undersigned authority on this day personally appeared Mike Pfeifer. County Judge of
Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the.2L. day of
'",,,.."" , A.D" 2005, .-lL. dA~ ~
""'I,~
.,~-:,,~.' ~~h Su.." RIley
rUJ~'l"\' NoIary PUblic, Slalllon_
w5,~ My Commlsalon Exp/ru:
.....~ April 18, 2008
Notary Public, State of Texas
My commission expires
433
;7
RESOLUTION PROVIDING FOR THE SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN
AT DELINQUENT TAX SALE
WEEREAS, Lots 1, 2, 3 & 4, West of Block 185, City of Seadrift Townsite, Seadrift Townsite,
Calho1lI1 County, Texas was offered for sale by the Sheriff of Calhoun County, Texas at a public
auctio:n pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and
WHEREAS, no sufficient bid was received and the property was struck off to the County of
Calhoun, Texas, pursuant to TEX. PROP. TAX CODE @34.01(c); and
WHEREAS, TEX. PROP. TAX CODE @34.05(a) provides that we may accept a sufficient bid. A bid
of ONE THOUSAND FIVE HUNDRED AND NO HUNDREDTHS DOLLARS ($1,500,00) has been
made by John Pena and
THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that
the County Judge is hereby authorized to convey Lots 1. 2, 3, & 4, West of Block 185, City of
Seadrift Townsite, Seadrift Townsite, Calhoun County, Texas to John Pena for the sum of ONE
THOUSAND FIVE HUNDRED AND NO HUNDREDTHS DOLLARS ($1,500,00) payable to the
Calhoun County Appraisal District for distribution as provided by law.
PASSED, APPROVED AND ADOPTED TIllS 27
2005.
day of
September
~
County Co=sslOner, Prec
~'~:C/'
Co If C mmissioner, Precinct 3
~ CO~is~~nct 4
134
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TAX RESALE DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMoVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DATE: September 6, 2005
GRANTOR: County of Calhoun, Calhoun County Independent School District and City of Seadrift
GRANTEE: John Pena
GRANTEE'S MAlUNG ADDRESS: P.O. Box 483 Port Lavaca, Texas 77979
CONSIDERATION: ONE THOUSAND FIVE HUNDRED AND NO HUNDREDTHS Dollars ($1,500.00)
PROPERTY: Lots 1, 2, 3 & 4, West of Block 185, City of Seadrift Townsite, Seadrift Townsite, Calhoun
County, Texas being that property more particularly described in Volume Z, Page 4 of the Deed Records,
Calhoun County, Texas; Account Number 000000034869 .
TAX FORECLOSURE LAWSUIT: Cause No. 2003-12-5449 Calhoun County Appraisal District v. Bill
Strehle et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from
and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the
receipt and sufficiency of which are acknowledged by GRANTOR. has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the
right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under
the TAX FORECLOSURE LAWSUIT referenced above,
TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that
neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have,
claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties, express or implied, regarding the PROPERTY,
including, without limitation, any warranties arising by common law or Section 5.023 of the Texas
Property Code or its Successor.
GRANTOR has not made, and does not make any representations, warranties or covenants of any kind
or character whatsoever, whether express Or implied, with respect to the quality or condition of the
PROPERTY, the suitability of the PROPERTY for any and aU activities and uses which GRANTEE may
conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any
applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, GRANTOR does not make any representations regarding hazardous waste, as defined by the
Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental
Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property.
The PROPERTY is hereby sold. transferred, and assigned to GRANTEE "as is" and "with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2005 and subsequent
years,
This conveyance is expressly subject to any existing right or redemption remaining to the former
owner of the PROPERTY under the provisions of law.'
This conveyance is expressly subject to aU easements and restrictions of record. Purchaser agrees to
comply with all county and city ordinances and regulations concerning trash, weeds, and junk.
435
,When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34.05 of the Texas Property Tax
Code, has caused these presents to be executed on the date set forth in the acknowledgement attached
hereto, to be effective as of DATE.
County of Calhoun
By)!01! W
Mike Pfeifer
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
~
Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of
Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2L day of
"""~'"" ,A.D., =. ~~
~....~ Su..n Riley
f~~O>tjYf:z:+\ Notary PubliC. State ofTe_ Notary Public, State of Texas
, : ; My CommisSion E>qlinls:
'",. . 18 2008 My commission expires
~~~;i ;- A!>ril. '
""-.
*******
Calhoun County Independent School
District
By
Larry Nichols, Superintendent
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
~
Before me, the undersigned authority on this day personally appeared Larry Nichols, Superintendent of
Calhoun County Tndependent School District, known to me to be the person whose name is subscribed to
the foregoing document and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
,A.D.,
Notary Public, State of Texas
My commission expires
436
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* * * * * * *
City of Seadrift
By
Billy Ezell, Mayor
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
~
Before me, the undersigned authority on this day personally appeared Billy Ezell, Mayor of the City of
Seadrift, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFTCE this the _ day of
, A.D., 2005.
Notary Public, State of Texas
My connnission expires
437
,
)>'
RESOLUTION PROVIDING FOR THE SALE
OF PROPERTY ACQUIRED BY THE COUNTY OF CALHOUN
AT DELINQUENT TAX SALE
WHEREAS, Lots 2, 3 & 8, Block 174, Seadrift Townsite, Calhoun County, Texas was offered for
sale by the Sheriff of Calhoun County, Texas at a public auction pursuant to a judgment of foreclosure
for delinquent taxes by the District Court; and
WHEREAS, no sufficient bid was received and the property was struck off to the County of
Calhoun, Texas, pursuant to TEX,PROP.TAX CODE ~34.01(c); and
WHEREAS, TEX.PROP.TAX CODE ~34.05(a) provides that we may accept a sufficient bid. A bid
of EIGHT HUNDRED AND NO HUNDREDTHS DOLLARS ($800,00) has been made by John Pena
and
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THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that
the County Judge is hereby authorized to convey Lots 2, 3 & 8, Block 174, Seadrift Townsite.Calhoun
County, 'Texas to John Pena for the sum of ETGHT HUNDRED AND NO HUNDREDTHS
DOLLARS ($800,00) payable to the Calhoun County Appraisal District for distribution as provided by
law.
PASSED, APPROVED AND ADOPTED TIIIS
2005.
27
day of September
e
(J. 'jlcy:~
Co t1 Commissioner, Precinct 3
k...-:1 l-, 4~
County Commissioner, Precinct 4
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'p.
TAX RESALE DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING TNFORMATION FROM TIDS INSTRUMENT
BEFORE IT IS FTLED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURiTY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DATE: September 6, 2005
GRANTOR: County of Calhoun
GRANTEE: John Pena
GRANTEE'S MAILING ADDRESS: P.O, Box 483 Port Lavaca, Texas 77979
CONSIDERATION: EIGHT HUNDRED AND NO HUNDREDTHS Dollars ($800.00)
PROPERTY: Lots 2,3 & 8, Block 174, Seadrift Townsite, Calhoun County, Texas being that property
more particularly described in Volume Z, Page 4 of the Deed Records, Calhoun County, Texas; Account
NUmber 000000033975
TAX FORECLOSURE LAWSUIT: Cause No. 2003-12-5449 Calhoun County Appraisal District v. Bill
Strehle et al
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from
and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the
receipt and sufficiency of which are acknowledged by GRANTOR, has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the
right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure saIe held under
the TAX FORECLOSURE LAWSUIT referenced above.
TO HAVE AND TO HOLD all of its right, title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that
neither the GRANTOR, nor any person claiming under it and them, shall at any time hereafter have,
claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof,
GRANTOR excludes and excepts any warranties. express or implied, regarding the PROPERTY,
including, without limitation, any warranties arising by common law or Section 5.023 of the Texas
Property Code or its successor.
GRANTOR has not made, and does not make any representations, warranties or covenants of any kind
or character whatsoever. whether express or implied, with respect to the quality or condition of the
PROPERTY, the suitability of the PROPERTY for any and all activities and uses which GRANTEE may
conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any
applicable governmental authority or habitability, merchantability or fitness for a particular pUrpose, and
specifically, GRANTOR does not make any representations regarding hazardous waste, as defined by the
Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental
Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2005 and subsequent
years.
This conveyance is expressly subject to any existing right or redemption remaining to the former
owner of the PROPERTY under the provisions of law,
This conveyance is expressly subject to all easements and restrictions of record, Purchaser agrees to
comply with all county and city ordinances and regulations concerning trash, weeds, and junk,
139
,
r
When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34,05 of the Texas Property Tax
Code, has caused these presents to be executed on the date set forth in the acknowledgement attached
hereto, to be effective as of DATE,
County of Calhoun
BY~)( ~r
1/
Mike Pfeifer
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
S
Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of
Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -XL day of
September, A.D., 2005.
~A~A~~
;~~~ Susan Riley
{~~ Notary Public. Slate ofT_
'~~~"I My Commlsslon Elcp/nls:
.......!IoW' Aprtl18,2OO8 .
Notary Public, State of Texas
My commission expires
440
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RESOLUTION PIWVIDING FOR TIm SALE
OF PROPERTY ACQUIRED BY TIm COUNTY OF CALHOUN
AT DELINQUENT TAX SALE
WIffiREAs, Lots 5 & 6, Block 167, Seadrift Townsite, Calhoun County, Texas was offered for sale
by the Sheriff of Calhoun County, Texas at a public auction pursuant to a judgment of foreclosure for
delinquent taxes by the District Court; and
WHEREAS, no sufficient bid was received and the property was struck off to the County of
Calhoun, Texas, pursuant to TEX,PROP.TAX CODE S34.01(c); and
WHEREAS, TEX,PROP.TAX CODE S34,05(a) provides that we may accept a sufficient bid. A bid
of TWO HUNDRED FIFTY AND NO HUNDREDTHS DOLLARS ($250.00) has been made by John
Pena and
THEREFORE, BE IT HEREBY RESOLVED by the County of Calhoun Commissioners Court that
the County Judge is hereby authorized to convey Lots 5 & 6, Block 167, Seadrift Townsite, Calhoun
County, Texas to John Pem for the sum of TWO HUNDRED FIFTY AND NO HUNDREDTHS
DOLLARS ($250.00) payable to the Calhoun County Appraisal District for distribution as provided by
law.
PASSED. APPROVED AND ADOPTED TillS
2005.
27 day of September
'-'\f\f\
County Commissioner,
Odm~
Cou ty ommissioner, Precinct 3
L ~. ~__~
County ConunisslOner, Precinct 4
441
,
~'
GRANTOR, for and in consideration of the amount set out above, and subject to the reservations from
and exceptions to conveyance, and other good and valuable consideration paid by the GRANTEE, the
receipt and sufficiency of which are acknowledged by GRANTOR. has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY to the GRANTEE all of the
right, title and interest, of GRANTOR in the PROPERTY acquired by the tax foreclosure sale held under
the TAX FORECLOSURE LAWSUIT referenced above.
TO HAVE AND TO HOLD aU of its right, title and interest in and to the PROPERTY unto the said
GRANTEE, the GRANTEE'S successors and assigns forever without warranty of any kind, so that
neither the GRANTOR, nor any person claiming under it and them, shaU at any time hereafter have,
claim or demand any right or title to the PROPERTY, premises or appurtenances, or any part thereof.
GRANTOR excludes and excepts any warranties. express or implied, regarding the PROPERTY,
including, without limitation, any warranties arising by common law or Section 5.023 of the Texas
Property Code or its successor.
GRANTOR has not made, and does not make any representations, warranties or covenants of any kind
or character whatsoever, whether express or implied, with respect to the quality or condition of the
PROPERTY, the suitability of the PROPERTY for any and aU activities and uses which GRANTEE may
conduct thereon, compliance by the PROPERTY with any laws, rules, ordinances or regulations of any
applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and
specifically, GRANTOR does not make any representations regarding hazardous waste, as defined by the
Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U.S. Environmental
Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property.
The PROPERTY is hereby sold, transferred, and assigned to GRANTEE "as is" and "with all faults".
This conveyance is expressly made subject to property taxes for the tax year 2005 and subsequent
years.
e
This conveyance is expressly subject to any existing right or redemption remaining to the former
owner of the PROPERTY under the provisions of law.
This conveyance is expressly subject to aU easements and restrictions of record. Purchaser agrees to
comply with all county and city ordinances and regulations concerning trash, weeds, and junk.
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442
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, When the context requires, singular nouns and pronouns include the plural.
IN TESTIMONY WHEREOF the GRANTOR, pursuant to Section 34,05 of the Texas Property Tax
Code, has caused these presents to be executed on the date set forth in the acknowledgement attached
hereto, to be effective as of DATE.
County of Calhoun
By J1,L~ *lr
Mike Pfeifer
THE STATE OF TEXAS
COUNTY OF CALHOUN
!l
!l
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Before me, the undersigned authority on this day personally appeared Mike Pfeifer, County Judge of
Calhoun County, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER lyIY HAND AND SEAL OF OFFICE this the ~ day of
September , A,D:;-2005.
-~~~~
..'t$!n~ SUNn Ai'"
r:~' 3,"\ Notary PubUc, ~ ofT_
\~ ,i~ My CommisslOll Explnta: .
""..!i, April 18, 2008
Notary Public, State of Texas
My COmmission expires
* * * * * * *
Calhoun County Independent School
District
By
Larry Nichols, Superintendent
THE STATE OF TEXAS
COUNTY OF CALHOUN
!l
!l
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Before me, the undersigned authority on this day personally appeared Larry Nichols, Superintendent of
Calhoun County Tndependent School District, known to me to be the person whose name is subscribed to
the foregoing document and acknowledged to me that he executed the same for the plllposes and
consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
, A.D" 2005,
Notary Public, State of Texas
My commission expires
143
I
* * * * * * *
City of Seadrift
By
Billy Ezell, Mayor
THE STATE OF TEXAS
COUNTY OF CALHOUN
~
~
~
Before me, the Wldersigned authority on this day personally appeared Billy Ezell, Mayor of the City of
Seadrift, known to me to be the person whose name is subscribed to the foregoing document and
acknowledged to me that he executed the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
, A.D., 2005.
Notary Public, State of Texas
My commission expires
444
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4MENDMENT NO: nil I REQUEaTOR: COUNTY AUDITOR
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"IIENDMENr NO: 882 REQUESTOR: COUNTY AUDITOR
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IMENDMENT NO, "2 REQUESTOR: COUNTY AUDITOR
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WlENDMENT NO: '.0 REQUESTOR: MICHAEL PFEIFER
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lMENDItIENT NO, 880 /UQUESTOR: MICHAEL PFEIFER
'MENDMENT REASON. ADVOCATE SUBSCRIPTION
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DEPARTMENT NAME: COUNTY TAX COLLECTOR DEPARTMENT NO: 200
'MENDMENT NO. lNIZ J REQUESTOR: COUNTY AUDITOR
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MENDMENT NO: 877 IUQUE.TORI PAMELA HAIfTOROVE
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WEND_NT NO. 882 IU!QUESTOR; COIJNTY AUDITOR
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iMENDMENT NO: 882 REQUESTOR: COUNTY AUDITOR
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50815 PARAMEDIC 999 NO GRANT $0 $0 $0 $4,469 $4,489
51574 SALARIES PART.TIME 999 NO GRANT $0 $0 $4,489 $0 ($4,489)
51613 OVERTIME BASE PAY 999 NO GRANT $0 $0 $0 $2,791 $2,791
51616 OVERTIME PREMIUM PAY 999 NO GRANT $0 $0 $2,791 $0 ($2,791 )
83500 MACHINE MAINTENANCE 999 NO GRANT $0 $0 $0 . $2,487 $2,487
83530 MACHINERYIEQUIPMENT REPAIR 999 NO GRANT SO $0 $87 $0 ($87)
86192 TELEPHONE SERVICES 999 NO GRANT SO $0 $4OQ $0 ($400)
67120 VEHICLE FUEUOIUSERViCE 999 NO GRANT $0 SO $2,000 $0 ($2,000)
AMENDMENT NO 882 TOTAL SO $0 $9.767 $9,767 $0
EMERGENCY MEDICAL SERVICES TOTAL $0 $0 $9,767 $9,767 $0
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53310 PROGRAM SUPPLIES 999 NO GRANT SO $0 $0 $10 $10
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EXTENSION SERVICE TOTAL $0 $0 $10 $10 $0
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65740 SERVICES 999 NO GRANT sa SO $0 $287 $287
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AMENDMENTN08B3 TOTAL $0 $0 $1,002 $0 ($1,002)
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DEPARTMENT NAME: REVENUE DEPARTMENT NO: 1
MENDMENT NOI 11112 REQUESTOR: COUNTY AUDITOR
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DEPARTMENT NAME: REVENUE DEPARTMENT NO: 1
WENIJMENT NO: 882 I REOUESTOIfJ COUNTY AUDITOR
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REVENUE TOTAL $5,000 $0 $0 $0 $5,000
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DEPARTMENT NAME: ROAD AND BRIDGE-PRECINCT #1 DEPARTMENT NO: 540
IMENDMENT NO: 875 I REQUESTOR; If. v. JlENAVIDe8
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53210 MACHfNERY PARTs/SUPPLIES 999 NO GRANT $0 $0 $600 $0 ($600)
53510 ROAD &. BRIDGE SUPPLIES 999 NO GRANT $0 $0 $0 $2,000 $2,000
53992 SUPPUES.MISCELLANEOUS 999 NO GRANT $0 $0 $1,000 $0 ($1,000)
50e50 CLEANING-INDlANOLA PARKS 999 NO GRANT $0 $0 ~400 $0 ($400)
AMENDMENT NO 875 TOTAL $0 $0 $2,000 $2.000 $0
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AMENDMENT NO 878 TOTAL
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51540 TEMPORARY 999 NO GRANT $0 $0 $319 $0 ($319)
51613 OVERTIME BASE PAY 999 NO GRANT $0 $0 $12.6 $0 ($12.6)
51616 OVERTIME PREMIUM PAY 999 NO GRANT $0 $0 $63 $0 ($63)
51630 COMPTlMEPAY 999 NO GRANT $0 $0 $0 $506 $506
53010 ROAD & BRIDGE SUPPLIES 999 NO GRANT $0 $0 $0 $1.300 $1,300
53540 GASOLlNElO'IJDIESEIJGREASE 999 NO GRANT $0 $0 $100 $0 ($100)
62660 GARBAGE COlL-MAGNOLlA SEA 999 NO GRANT $0 $0 $1.000 $0 (S1.000)
66614 UTILITIES-PARKS 999 NO GRANT $0 $0 8200 $0 ($200)
AME. DMENt NO 882 TOTAt $0 $0 $1,808 $1.80a $0
ROAD AND BRIDGE-PRECINCT 111 TOTAL $0 $0 $3,868 $3,868 $0
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trENDMENT NO. BBS REQUE8TOR: AMANDA GUILLEN
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53520 TIRES AND TUBES 999 NO GRANT $0 $0 $0 $600 $600
66476 TRAVEL IN COUNTY 999 NO GRANT $0 $0 $600 $0 ($600)
66600 UTILITIES 999 NO GRANT $0 $0 $500 $0 ($500)
66614 UTILlTIES-P ARKS 999 NO GRANT $0 $0 $0 $500 $500
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53510 ROAD& BRIDGE SUPPLIES 999 NO GRANT $0 $0 $9,000 $0 \$9,(00)
53520 TIRES AND TUBES 999 NO GRANT $0 $0 $0 $1,000 $1,000
53540 GASOllNElOIUDIESEUGREASE 999 NO GRANT $0 $0 $1,000 $0 ($1,000)
53550 LUMBER 999 NO GRANT $0 $0 $0 $1,000 $1,000
62510 EQUIPMENT RENTAL 999 NO GRANT $0 $0 $0 $2,000 $2,000
73400 MACHINERY AND EQUIPMENT 999 NO GRANT $0 $0 $0 $7,000 $7,000
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53992 SUPPLIES-MISCELLANEOUS 999 NO GRANT $0 $0 $1,200 $0 ($1,200)
60520 BUILDING REPAIRS 999 NO GRANT $0 $0 $0 $200 $200
63350 LEGAL SERVICES 999 NO GRANT $0 $0 $0 $aOO $800
63530 MACHINERY/EQUIPMENT REPAIR 999 NO GRANT SO $0 $800 $0 ($6001
63920 MISCELLANEQUS 999 NOGRANT $0 $0 $200 $0 ($200)
AMENDMENt NO 887 TOTAL $0 $0 $2,200 $2,200 $0
ROAD AND BRIDGE.PRECINCT *2 TOTAL $0 $0 $14,300 $14,300 $0
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53510 ROAD & BRIDGE SUPPLIES 999 NO GRANT $0 $0 $14,475 $0 ($14,475)
73702 CONSTRUCTION,CO,RD 306 999 NO GRANT $0 $0 $0 $14,475 $14,475
AMENDMENT NO 884 TOTAl. $0 $0 $14,475 $14,475 $0
ROAD AND BRIDGE-PRECINCT 13 TOTAL $0 $0 $14,475 $14,475 $0
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DEPARTMENT NAME: ROAD AND BRIDGE.PRECINCT #4 DEPARTMENT NO: 570
MENDMENT NO. 879 REQUESTOR:J. MAY (')
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MENDMENT REASON: ILlNE ITEM TRANSFER 8
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53510 ROAD & BRIDGE SUPPLIES 999 NO GRANT $0 $0 $0 $9.007 $9.007
53520 TIRES AND TUBES 999 NO GFIANT $CJ $0 $157 $0 ($157)
SJ<;4CJ GASOLlNElOIUOIESELlGREASE 999 NO GFIANT $0 $0 $5,300 $0 ($5,300)
62510 EQUIPMENT RENTAL 999 NO GRANT $0 $0 $3,000 SO ($3,000)
62664 GARBAGE COLL.POC PARKS 999 NO GRANT $0 $0 $550 $0 ($550)
AMENDMENTNO 819 'roTAI. $0 SO $9.007 59,007 $0
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WEN_ENT NO, 882 I REQU~R:COUNTY AUDITOR
~ V1ENDM.ENT REASON: IOVERDRAWN ACCOUNTS
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53510 ROAD & BRIDGE SUPPLIES 999 NO GRANT $0 $0 $0 $4,053 $4.053 w
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FUND NAME GENERAL FUND
FUND NO: 1000
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DEPARTMENT NAME: ROAD AND BRIDGE-PRECINCT #4 DEPARTMENT NO: 570
AMENDMEII'T Nth 1182 I REQUEaroRl COUNTY AUDITOR
AMENDMENT REASON. IOVERDRAWN ACCOUNTS
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ACn H8 ACCT WE atAIfJ N. GRDT NAME IIl:RWE lUEASE 1IlIFl3( IBREAJE IllEREASfl
53540 GASOUNElOIUDIESEUGREASE 999 NO GRANT $0 $0 $4,043 $0 ($4,043)
AMENDMENT NO BB2 TOTAL $0 $0 $4,053 $4,053 $0
ROAD AND BRIDGE-PRECINCT'4 TOTAL $0 $0 $13,060 $13,060 $0
IJJlIUJUlIlJIJUIIUUIIIIlIIUlIlIllIIIIUUlIIIIIIUIlIUIIIUJJlI1.IUIIUUIIJIIIIU,rJIIt.,unnIIIIIlIlIllIJJ.lJllmm,mIIIJIIIIIIIUIJIIIJlUIIUJIIJIIJIIJJJIIIIIIIIIJJ1IJIII1IIIIIIIUlIIIIIIIIIUnUIIJ.,IIIJlIlIIIIII
DEPARTMENT NAME: SHERIFF DEPARTMENT NO: 760
WENDMENT NO: 1182 I'REQUESTOR: COUNTY AUDITOR
~MENDMENT REASON. IOVERDRAWN ACCOUNTS
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$0 $0 $0 $1,653 $1,653
$0 $0 $2,103 $0 ($2,103)
$0 $0 $0 $450 $450
$0 $0 $2,103 $2,103 $0
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$0 $0 $2,103 $2,103 $0
$5,000 $0 $76,ilB6 $71,386 $0
FUND NO: 5115
ACGllWl:
OVERTIME BASE PAY
ADDITIONAL PAY-REGULAR RAT
CaMP TIME PAY
aIANT NO IaMT lAME
999 NO GRANT
999 NO GRANT
999 NO GRANT
AMENDMEJoJT NO 882 TOTAL
SHERIFF TOTAL
GENERAL FUND TOTAL
~UND NAME CAPITAL PROJECT COURTHOUSE RENOVA TION
IJIIUlUUUUIIIIIIJIIIJIIIUlJJllIIlIlllllltJllmnlll'IIIIIIIIIIIUIIIIIJJJlnnlllllll1IIIIIIIIIIIIIUIlIlIllIIIIIUIIIJIIIIJllmUUIIIUlIJIIIIJJlIIJIIUJ1IIIII'UU1IIIII,mlllJIIIIIIIIIIUlllflunllUIIIlUIIIIIIIUI
DEPARTMENT NAME: NO DEPARTMENT DEPARTMENT NO: 999
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FUND NAME CAPITAL PROJECT COURTHOUSE RENOVA nON
FUND NO: 5115
IIlJlJlIlIlJllIlllllllllllllllllIIlIllllllJIllIIIIlIllllllllJlIIIIIII'",lJIll/lJllllllll11"""l11lJllllllfllllllll"IllIIIIIII"""I11IIIIIIII""""I11I11IIlJIIII'''"l11lJ1I111111lllllllllllllllllJIlIIlIlIIIIIIIIIIIllllllllI
DEPARTMENT NAME: NO DEPARTMENT DEPARTMENT NO: 999
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utENDMENT NO. 881 REQUESTORJ MARK CRIPPEN
IloME.NDM.E.NT REASON: PER REQUEST OF CONSTRUCTION MANAGER SPAW MAXWELL
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ACCT !f0 AE&lMNE I:IJMT ,. fiUIfJ_ INCIlUIE !lEIlfA1E DAlE IBlIEASE IlICIIfASB
62477 ENVIRONMENTAL ENGINEERING 415 CERTIFICATES OF OBLlGATI $0 $0 $5,500 $0 ($5,500)
64640 PERMITS 415 CERTIFICATES OF OBLlGATI $0 $0 $0 $3,997 $3,997
71030 CONSTRUCTION.COURTHOUSE 415 CERTIFICATES OF OBUGAll $0 $0 $221,174 $0 ($221,174)
71260 ENVIRONMENTAL ABATEMENT 415 CERTIFICATES OF OBlIGATI $0 $0 $0 $100,200 $100,200
72800 EQUIPMENT-THECOMMUNrCATI 415 CERTIFICATES OF OBLlGATI $0 $0 $1,499 $0 ($1,499)
80005 CONSTRUCTION CONTINGENCY 415 CERTIFICATES OF OBLlGATi $0 $0 $0 $123.976 $123,976
AMENDMENT NO 881 TOTAL SO $0 $228 173 $22e 173 so
NO DePARTMENT TOTAL $0 $0 $228,173 $228,173 $0
CAPITAL PROJECT COURTHOUSE RENOVATION TOTAL $0 $0 1228,17:1 $228, 173 $0
GIlInd T""" 15,000 $11 $304,559 $288,559 10
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Pfll10150f15
GENERAL DISCUSSION:
Commissioner Galvan wanted to say that everyone came together and did a great job during the
hurricane,
Court adjourned at 11 a.m.
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