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2004-02-16• REGULAR FEBRUARY TERM THE STATE OF TEXAS §.. § COUNTY OF CALHOUN § HELD FEBRUARY 26, 2004 BE 1T REMEMBERED, that on this the 26' day of February, A.D., 2004 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 AM., a Regular Term of the Commissioners' Court, within said County and State, and there were present on this date the following members of the Court, to -wit: Michael J. Pfeifer Roger C. Galvan Michael J. Balajka H. Floyd Kenneth W. Finsber Wendy Marvin County Judge Commissioner Pct. 1 Commissioner Pct 2 Commissioner Pct. 3 Commissioner Pct. 4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Balajka led the Pledge of Allegiance. A Motion was made by Commissioner Floyd and seconded by Commissioner Balejka to accept the resolution of Calhoun County authorizing the Kling of a grant application with the Golden Crescent Regional Planning Commission for a Regional Solid Waste Grants program Grant and authorize Commissioner Balajka to act on behalf of Calhoun County In all matters related to the application. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Resolution., r,,o RESOLUTION OF CALHOUN COUNTY AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT: AUTHORIZING COMMISSIONER MIC L&M BALAJICA • TO ACT ON BEHALF OF CALHOUN COUNTY IN ALL MATTERS RELATED TO THE APPLICATION: AND PLEDGING THAT IF A GRANT IS RECEIVED, CALHOUN COUNTY WILL COMPLY WITH THE GRANT REQUIREMENTS . OF THE GOLDEN CRESCENT REGIONAL PLANNING COMMISSION, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, THE Golden Crescent Regional Planning Commission is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation of the Golden Crescent Regional Planning Commission's adopted regional solid waste management plan; and WHEREAS, Calhoun County in the State of Texas is qualified to apply for grant funds under the Request for Applications. NOW, THEREFORE, BE IT RESOLVED BY Calhoun County in Port Lavaca Calhoun County, Texas; 1) That Calhoun County Commissioner Michael Balajka is authorized to request grant funding under the Golden Crescent Regional Planning Commission's Request for Applications of the Regional Solid Waste Grants Program and act on behalf of Calhoun County in all matters related to the grant application and any subsequent Want contract and grant project that may result 2) That if the project is funded, Calhoun County will comply with the grant requirements of the Golden Crescent Regional Planning Commission, Texas . Commission on Environmental Quality and the State of Texas. 3) The funds grant and any grant-fi mded equipment or facilities will be used only for the purposes for which they are intended under the grant 4) That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed. i 5) That Calhoun County is not in/arrears in payment of any municipal solid waste fee owed to the State of Texas. PASSED AND APPROVED by Calhoun County Commissioner's Court on this the 26s' day of February, 2004 in Port Lavaca, Texas. 110 U APPROVED Michael leataka, Calhoun County Commissioner, Precinct 2 R Floyd Calhoun County Commissioner, Precinct 3 enneth Finster, Calhoun County Commissioner, Precinct 4 ATTEST Anita Fricke, e Calhoun County Clerk A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to approve the abandonment of roads in Swan Point Landings Subdivision, Calhoun County, Texas. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. File # Vol Pgg OW744. 363 c5f ORDER DECLARING ABANDONMENT OF ROADS SWAN POINT LANDING SIJBDMqON, CALHOUN COUNTY. TEXAS WHEREAS, on the 26th. day of FEBRUARY, 2004, the Commissioner's Court of Calhoun County, Texas considered the request of Certain Calhoun County Property owners to abandon all the roads within Swan Point Landing Subdivision in Calhoun County, Texas as recorded in Volume Z, Page 662, Deed Records of Calhoun County, Texas, as indicated on the Exhibit "A!' attached to this order and incorporated by reference. WHEREAS, Texas Transportation Code Section 251.051 vests in the Commissioner's Court the authority to abandon a Public Road; and WHEREAS, the Commissioner's have not previously classified the subject road as either a first class or second class road; and WHEREAS, the Commissioner's order to abandon the road has not been enjoined or sought to be enjoined by any party; and • WHEREAS, proper notice of the petition to abandon the road has been posted at the Courthouse door of Calhoun county, Texas and at other places in the vicinity of the affected route, being the Post Office in Seadrift, Texas and on the site of the abandoned roads for at least twenty (20) days before the date the application was made to this court; and WHEREAS, the Commissioners have voted unanimously to abandon that portion of the road described on the attached Exhibit "A"; and WHEREAS, all requirements of Texas Transportation Code Section 251.051 have been complied with in declaring said road to be abondoned. NOW, THEREFORE, ON MOTION DULY MADE BY and SECONDED BY-41 A IT IS ORDERED AND DECREED, that Calhoun County does hereby abandon, vacate and close all the roads in Swan Point Landing Subdivision as recorded in Volume Z, Page 662 and indicated on the attached Exhibit "A". . IT IS FURTHER ORDERED ARID DECREED THAT on the date this Order is signed, title to the centerline of the abandoned Roads are vested in the owners of the property that abut the abandoned road, pursuant to Texas Transportation code Section 251.058 (b). 112 File # Vol Pgg IT IS FURTHER ORDERED AND DECREED THAT a copy of this Order be filed in the Official Records of Calhoun County, Texas and the duly filed copy of this Order shall serve as the official instrument of conveyance of the abandoned roads in Swan Point Landing Subdivision as recorded in volume Z. Page 662, Deed Records of Calhoun County, Texas, to the owners of the abutting property, pursuant to Texas Transportation Code Section 251.058 (b). SIGNED THIS 26th day of February, 2004. COM MSSIONERS OFCALHOUNCOUNTY, TEXAS HONORABLE NucHAEIAALAJKA COM NIIIISSIONER, PRECINCT NO.2 / H O�OYD COMMISSIONER, PRECINCT NO.3,r HONORABLE KENNETH FINSTER COMMISSIONER, PRECINCT NO.4 • • C� 1113 File # Vol P OSM744 363 2�3 CERTIFICATE OF TRUE COPY OF PAPER OF RECORD STATE OF TEXAS § • COUNTY OF CALHOUN § I ANITA FRICKE, County Clerk of Calhoun County, Texas and Clerk of the Commissioners' Court of Calhoun County, Texas, do hereby certify that the foregoing is a true and correct copy of an excerpt from the Minutes of the February 26, 2004 meeting of said Commissioners, Court as the same appears on file in my office. Given under my hand and seal of said Court, at office In Port Lavaca, Texas, this the 34 of March, 2004. ANITA FRICIE, County perk, a Commisslonere CoLM Calhoun Wendy RECORDER'S MEMORANDUM UOC MF f R s OF THE TEXT ON THS HOT CLEARLY LEOWU FOR SATISFACTORY RECORDATION. pait.l w , `sa w mni'&*16 1tkC Filed for Record in: Calhow Comfy Honorable Anita Fricke Cowty Clark &.'Aar 03 am at 11:59A Receipt Tuber - 41937 BY, Vwvn 0o-iiot� e�A DeP�Y 0 114 EXECUTIVE SESSION - DISCUSSION W= INCLUDE MATTERS RELATED TO ATTORNEY GENERAtAL'S OPINION NO. GA-0129: The Court, being in open session, in compliance with the pertinent provisions of the Vernon's Texas Code Annotated, Government Code, Section 551, Sub -chapter D, the County Judge, as presiding officer, publicly announced at 10:08 A.M. that a dosed session would now be held under the provision of Sec. 551.071; for the purpose of private consultation between the governing body and its' attorney when the governing body seeks the attomey's advice with respect to pending or contemplated litigation, settlement offers, and matters where the duty of the governing body's counsel to his client pursuant to the Code of Professional responsibility to the State Bar of Texas conflicts with the Act. (Discussion will include matters related to Atmmey General's Opinion No. CA-1029.) The County Judge further publicly announced that before any flnal action, decision or vote is made regarding the subject matter of said dosed session, this meeting would be reopened to the public. The Court then went Into dosed session. At the end of the dosed session, the meeting was reopened to the public at 11:20 a.m. No action was taken. ACCEPT BUDGET FOR DISTRICTATTORNEYS FORFEITURE FUND FOR PURPOSE OF FUNDING MATCH OF GUN VIOLENCE GRANT: A Motion was made by Commissioner Flnsier and seconded by Commissioner Galvan to accept the budget for the District Attorney's Forfeiture Fund for purpose of funding match of Gun Violence Grant. Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted in favor. Criminal District Attorney Calhoun County, Texas Nan M4 RANDY R. CRIDER SHANNON E. SALYER �ar rnvestor DAN W. HEARD Assistant Criminal District Aoomey SARA A. BILL Criminal District Attorney JERRY L. CLARK Victim Assistatwe Coordinator Assistant Criminal District Attorney 0 BUDGET FOR CALHOUN COUNTY CRIMINAL DISTRICT ATTORNEY FORFEITURE FUND —AS SUBMITTED FEBR:UARY 16, 2004 FUND BALANCE AS OF 2-16-04----------- $ 27,884.78 BUDGET FOR 2004: $ 8,000.00 OF FUND WILL BE USED AS MATCH FOR $32,000 GUN VIOLENCE GRANT TO HIRE PROSECUTOR S $ I,000.00 OF FUND WILL BE USED AS RESERVE TO PAY ANY ADDITIONAL EXPENSES DUE TO HIRING NEW TEMPORARY PROSECUTOR FUND BALANCE AFTER USE OF BUDGET AMOUNT WILL BE $ 1804.78 fDR. CATE): The Court, being in open session, in compliance with the pertinent provisions of the Vernon's Texas Code Annotated, Government Code, Section 551, Sub -Chapter D, the County Judge, as presiding officer, publicly announced at 11:23 a.m. that a dosed session would now be held under the provision of Sec. 551.074; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee ( Dr. Cate). The County Judge further publicly announced that before any final action, decision or vote is made regarding the subject matter of said dosed session, this meeting would be reopened to the public. • The Court went into dosed session. At the end of the dosed session, the meeting was reopened to the public at 11:35 a.m. No action was taken. Judge Pfeifer opened the Public Hearing regarding a regional draft hazard mitigation plan jointly developed Calhoun County and seven counties and nineteen cities under the auspices of the Guadalupe - Blanco -River Authority at 11:38 a.m. There were no public comments. Judge Pfeifer dosed the Public Hearing at 11:40 a.m. A Motion was made by Commissioner Balaika and seconded by Commissioner Galvan to Adopt the Resolution of the Hazard Mitigation Plan for the Guadalupe River Basin. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. RESOLUTION FOR ADOPTION OF THE HAZARD MITIGATION PLAN FOR THE GUADALUPE RIVER BASIN WHEREAS, certain areas of Calhoun County are subject to periodic flooding and other • natural and man -caused hazards with the potential to cause damages to people and properties within the area; and WHEREAS, Calhoun County desires to prepare and mitigate for such circumstances; and WHEREAS, under the Disaster Mitigation Act of 2000, the United States Federal Emergency Management Agency (FEMA) requires that local jurisdictions have in place a FEMA-approved Hazard Mitigation Action Plan as a condition of receipt of certain future Federal mitigation funding after November 1, 2001; and WHEREAS, to assist cities and counties in meeting this requirement, the Guadalupe - Blanco River Authority, with the assistance of H2) Partners, Inc. of Austin, Texas, has initiated development of a basin -wide, multi jurisdictional Hazard Mitigation Plan covering 19 Cities and seven counties, including Calhoun County; NOW, therefore, be it resolved, that this Calhoun County Commissioners' Court hereby:Adopts those portions of the Plan entitled, "Hazard Mitigation in the Guadalupe River Basin: Protecting the Region Against All Hazards, 2004-2009 that pertain to Calhoun County; and Vests the County Judge with the responsibility, authority, and the means to: (a) Inform all concerned parties of this action. • (b) Develop an addendum to this Hazard Mitigation Plan if the County's unique situation warrants such an addendum. Appoints Calhoun County Floodplain Administration to assure that the Hazard Mitigation Plan be reviewed periodically and that any needed adjustment to the Calhoun County's addendum to the Hazard Mitigation Plan be developed and presented the Calhoun County Commissioners' Court for Consideration. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Hazard Mitigation Plan. 1 of 2 116 Adopted this the 26`h day of February, 2004. Mi hael J. Pfeifer, ounty edge Calhoun County, Texas H. Floyd, Commissioner Precinct No. 3 vY Michael Balajka, Comm sioner Precinct No. 2 -4 Gi, Kenneth W. Finster, Commissioner Precinct No. 4 2 of 2 i r � L '-- 117 \ � 11 � bids Motion was ma�o o �� S�ƒ���i�i�o�/Ba�6, Floyd, @ster and Judge Pfeifer all voted , favor. § 0 0 J\ I\ }(( (L0 z z. C; \ ( Z. 0 LU 2 £ 0 W \)0 o=z_oLL ZW0 LU§°§)§/ Mmy§cn» })()})\ } )} \(z LUQ.> @§ /�\ /)2 /\) %§E /§g /0 @ 0o oo m�I E�w x 0 m ( �}\ j \\\ > !\W )kW >}§ !3 3 /§q P.0 }9 L/ U. Le }- ( /( /[ 2\ z z z y a /\ ct 7) \§§ /(a /§§ \/§ !' (Z E/0 � \}}» }\ )�LLZ §(rW0§W)2 %2CI Z :oa:02 mgo.a§[on» O'.e§C± R-OQ3 wow W G§±)=��§ �eQ.�ea. / / / ) 2 2 2 ( a a e ] ( } } E \ \ / E / � /§ /§ [/ { 20 =o $ F E ` / 0 W LU\ E§ ¥j ƒ§ qs 40 4x (x 2 a a x \k ( ( & $ 2 ; ( _ ( _ ( ) ( 2 k \ ° / \ \ \ � FIN ■ AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR BIDS FOR A TWO -WHEEL DRIVE TRACTOR WITH CAB: A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to authorize the County Auditor to advertise for bkis with specifications for a two -wheel drive tractor with cab. Commissioners' Galan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. AUTHORIZE COUNTY AUDITOR TO ADVERTISE FOR SALE, FOUR AUDIOMETRIC TESTING STATIONS AT MEMORIAL MEDICAL CENTER: A Motion was made by Commissioner Finster and seconded Judge Pfeifer to advertise for sale of four Audiometric Testing Stations at Memorial Medial Center. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted In favor. Table for next Commissioners' Court APPROVAL OF MINUTES: A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the minutes of December 3, 2003 and December 11, 2003 meeting be approved as presented. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Michael J. Pfeifer H. Floyd County Judge Commissioner Pct. 3 Roger C. Galvan Commissioner Pct 1 Kenneth W. Finster Commissioner Pct. 4 Michael J. Balajka Wendy Marvin Commissioner Pct 2 Deputy County Clerk HEAR REPORT FROM PFLUGER, WIGINTON AND HOOKER REGARDING THE SIGNING OF COIN TRUCTION CONTRACTS FOR NEW COUNTY JAIL AND TAKE ANY ACTION NECESSARY: Pfiuger, Wlginton and Hooker were not present for the meeting, Commissioner Floyd handed out Bid Proposal Comparisons to the Court A Motion was made by Commissioner Floyd to accept Krueger Construction as the low bidder at this time and then negotiate the additional changes that the Jail Commission has come forth with. Then there will be a value review with Krueger Construction to see if there is any way to cut cost on the jail and if anything comes out of that then the bid estimate will be cut down and Commissioner Floyd will come back to the court for approval of Krueger Constructions amount at that time, It was seconded by Commissioner Balajka. Commissioners' Galn, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. Judge Pfeifer on behalf of the court presented a plaque to Commissioner Floyd to thank him for all the hours he has put Into the Jail Project BEN H. COMISKEY, JR., C.P.A. COUNTY AUDITOR, CALHOUN COUNTY COUNTY COURTHOUSE ANNEX —201 W. AUSTIN PORT LA'VACA, TEXAS 77979 (361)553-4610 MEMORANDUM TO: COUNTY JUDGE & COMMISSIONERS FROM: AUDITORS OFFICE — PEGGY HALL DATE: February 17, 2004 RE: JAIL HERE IS A COPY OF THE BID TABULATIONS THAT WERE RECEIVED AND OPENED TODAY, TUESDAY, February 17, 2004. The bids were turned over to the architects. • �J 119 • E I U � J 0 W O Z O 00 � LL }Q y h Q 0 O d 0 cl i F2 J m Q U Y O N W z u, 0 w a 0 c a` a c a I Z d V isr Ex l9S daiianv 'm MIO nvo Hodzi J WdLO°E..POZ-LL-Z E __ 120 `II1I ' '4 m0i O.I Cp. j I , I 0. W C Cf $ ! OI O c Its a 90 M C mI N m�uQia�g�'cQ 1 p' O --tz w LO U9 .. 1 m E zl M� � Q! � N m E •p��yN _r O j Cf I{� O O O Q O w ZId 6 g A� �om O0g U-jZ NI cc O I y O, to �$ 0 �1 �.� ..1 {� pd` J_ I= 4 �. _ O g y i .J a ILIi W: JQQ� Q U m F•i OI pl Y m 1] • E Z00l7-00'd M2 678 blMV=0 S1031IHOSW f H19 CONSIDER AND TAKE AMON TO AMEND 2004 SALARY ORDER i A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to delete the Branch Librarians from the 2004 Salary Order. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. PURCHASE LOT 32 ON HUGHES STREET IN THE SCHICKE POINT SUBDMSION A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to purchase Lot 32 on Hughes Street in the Schicke Point Subdivision in the amount of $1,200.00. Commissioners Gaivan, Balajka, Floyd, Finsrer and Judge Pfeifer all voted in favor. Willie Wooldridge gave a report from the Airport Advisory Board. The Airport Advisory Board met and recommended the following changes to the Fixed Based Operation tease Agreement A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to approve the Airport Manager Contract and the Fbted Based Operation Lease Agreement for four years nine months. Commissioners! Galvan, Balajka, Floyd, Raster and Judge Pfeifer all voted In favor. Advisory B to After a review of the current Fixed Base Operation Lease Agreement and the Airport Manager Contract the airport advisory Board Recommends the following changes: Article 11— Lease Term should be 5 Years. • Article III — Lease Payment should be increased to $150 Month. Article XI — 1. Insurance coverage limits should be increased to $1,000,000:00 for each occurrence, $500,000.00 for each person for bodily injury or death and$250,000 for each occurrence for injury to or destruction of property. 2. Completed operations and Product Liability Insurance coverage's raised to $1,000,000.00. 3. Hangar Keeper's Liability coverage's raised to $1,000,000.00. The board also recommends that a statement of requirement to provide proof of insurance for each airplane owner who hangars his airplane in the Calhoun County Hangar in the amount of $500,000.00 minimum liability be added to the Contract. The FBO should have that proof on file available for viewing for each airplane in the hangar. The board also recommends that the county require the FBO to list the County on their policy to include provisions for notification of the County when/if insurance coverage is terminated. 0 122 Airport Mangers Contract Recommended Changes Section I — Update the lease terms to 5 years. Section III — Add the mowing of the Grass Runway to contract. General Recommendations 0 The Airport Advisory Board makes the following general recommendations: Suggest the County Consider a Formal regular inspection of the airport to ensure the contracts are not being breached. Regular inspections where recommendations for improvement are made would encourage compliance with both contracts. 0 6 • AIRPORT MANAGER CONTRACT THE STATE OF TEXAS COUNTY OF CALHOUN THIS CONTRACT made and entered into this 26th day of February, 2004, by and between CALHOUN COUNTY, TEXAS, a body politic, hereinafter referred to as OWNER, and Charlene Rawlings, of Calhoun County, Texas, hereinafter referred to as LESSEE. WITNESSETH: WHEREAS, OWNER is the owner of a public airport, commonly known as the Calhoun County Airport, situated in the Valentine Garcia Survey, A-17, in Calhoun County, Texas, which airport and includes a hanger, lights, beacon, an improved runway, taxi -ways, apron and other improvements, WHEREAS, OWNER deems it necessary to appoint an Airport Manager; NOW, THEREFORE, in return for one dollar and other considerations, including the mutual benefits accruing to the parties hereto, the sufficiency of which benefits are hereby acknowledged by each party, OWNER and LESSEE do hereby contract and agree as follows: OWNER does hereby appoint Charlene Rawlings as Airport Lessee of the Calhoun County Airport for a period of 4 years and 9 months, commencing on the fast day of April, 2004, and continuing through the 31'day of December, 2008, subject to the terms, conditions and/or Provisions herein contained, U. In his/her capacity of Manager, Lessee shall: 1. Be responsible for the complete supervision of the daily operation of said airport, subject to the rules, regulations and requirements of the Commissioners' Court of Calhoun County, Texas, as the same now or hereafter exist, and also subject to the rights granted to any Fixed Base Operator, now or hereafter. 2. Advise and consult with OWNER in order to promote and develop the use of said airport and satellite enterprise. 3. Enforce the rules and regulations of the Commissioners' Court of Calhoun County, Texas, in connection with the maintenance, operation and safety of said airportas all of said rules and regulations now or hereafter exist. 4. Cause the Unicorn radio to be kept in operation, the same to be operated by an operator duly licensed by the proper governmental authority; and cause such operator to maintain a radio station log as required by the Federal Communications Commission. Page 1 of 3 124 5. Take good care of all of the facilities at said airport. 6. Correspond with OWNER and all others concerned with and concerning the proper operation of said airport. 7. Be responsible for liaison between OWNER and the Federal Aviation Administration and the Texas Aeronautics Commission. 8. Require the Lessee of any leased premises at said airport, as well as any users thereof, to maintain such premises free of all debris, rubble and junk, including, but not limited to, requiring the Lessee of the hanger facility and office space to keep the same clean and maintain a business like appearance. ilia The Owner shall be responsible for mowing the grass Runway and alongside Runway 14/32 on the area commencing at the edge of the runway and extending for a sufficient width to include the runway lights, and on an area eight feet (8') wide on each end of said runway; also be responsible for mowing the grass on an area eight feet (8') wide along the sides and ends of all other paved area; it being expressly provided that OWNER shall have the right to determine when and how often such mowing shall be accomplished. IV. The OWNER shall: 1. Pay electric bills for the runway, beacon, runway lights and existing hanger. 2. Do, at its expense, such maintenance work as it deems necessary on its facilities at said airport, 3. Maintain a Unicorn (122.8) two-way radio communications system, 4. Provide janitorial supplies for the hanger facility. Im LESSEE shall be under the direct supervision of the Commissioners' Court of Calhoun County, Texas. VI. The parties hereto agree that LESSEE is an independent contractor providing services to OWNER under this contract alone, and LESSEE is not to be considered an employee of OWNER for any purpose. Q In the event of breach by LESSEE of one or more of the terms, conditions and/or provisions hereof, OWNER shall notify LESSEE of such matters causing such breach, whereupon LESSEE shall have ten (10) days from the receipt of notice to remedy such breach, except for such things Page 2 of 3 • ()IZ i as LESSEE should do, or discontinue doing, or correct, which create a danger or are derogatory to aviation activities, in which event the breach shall be cured by LESSEE immediately. In the event LESSEE fails to remedy any such breach within the specified time, then O WNER, may, at its option terminate this contract in its entirety. Failure of OWNER to so terminate this contract in any one instance of breach shall not constitute a waiver of OWNERS right to terminate this contract in any subsequent instance of breach. The term derogatory as herein used shall mean those things which hinder or render aviation activities inconvenient. It is further expressly provided that either party hereto may terminate this contract without cause by giving 30 days written notice to the other party. EXECUTED in multiple originals on the 26" day of February, 2004. • OWNER: CALHOUN COUNTY, Texas 13y Michael I. Pfei er, ounty dg A�TTEn�ST: Anita Hl�UtM� a FriBBke, County Clerk WWI Movin, dtfU4y ULMo d¢r4 LESSEE: Charlene Rawlings 0 Page 3 of 3 %��__ 126 0 FIXED BASE OPERATION LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF CALHOUN THIS LEASE AGREEMENT made and entered into on this 26th day of February, 2004, by and between CALHOUN COUNTY, TEXAS, a body politic, hereinafter referred to as LESSOR, and Charlene Rawlings of Port Lavaca, Calhoun County, Texas, hereinafter referred to as LESSEE. WITNESSETH: ARTICLE I Lessor does hereby lease and rent into Lessee, and Lessee does hereby lease and rent from Lessor, for the period of time hereinafter stated and in accordance with the terms, covenants, conditions and provisions hereinafter contained, the following described property located in Calhoun County, Texas, towit: (1) The following described real property: Tract 1: All that certain tract or parcel of land containing 1.917 acres out of Lot 30 of the Phillips Investment Company Subdivision of the Valentine Garcia Survey, A-17, Calhoun County, Texas, and being shown on the plat marked Exhibit "A" attached hereto, together with the following improvements located thereon: (a) Two (2) tanks and (2) pumps for regular aviation gasoline together with the fuel pits and hoses and any other equipment incidental thereto. (b) The airport Hanger Tract 2: All that certain tract or parcel of land containing 0.588 of an acre out of Lot 30 of the Phillips Investment Company Subdivision of the Valentine Garcia Survey, A-17, Calhoun County, Texas, and being shown on the plat marked Exhibit `B" attached hereto. (Said exhibits "A" and `B" are made a part hereof for all purposes.) (2) One A -frame hoist 0 (3) One air compressor SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Regarding the automobile parking area on the above described Tract 1, Lessee and Lessee's employees, agents, and customers shall have the full right to Page 1 of 8 12 • use said parking area in common with others, it being understood that Lessor reserves the right for its officers, agents and employees and the general public to also park automobiles on said parking area. 2. Regarding the waiting room and restroom facilities in the aforesaid airport hanger, Lessee and Lessee's employees, agents and customers shall have the full right to use said waiting room and restrooms in common with others, it being understood that Lessor reserves the right for its officers, agents and employees and the general public to also have the use of said waiting room and restrooms. 3. Lessor reserves the right to inspect the leased premises and property at any time. ARTICLE II • The term of this lease shall be for a period of 4 years and 9 months, commencing on the first day of April, 2004, and continuing through the 31" day of December, 2008. ARTICLE III The rental for said leased property shall be the sum of $150.00 per month, the fast payment of which shall be due and payable on or before the first day of April, 2004 and a like payment due the fast day of each month thereafter until the lease expires. ARTICLE IV Lessee shall use the leased property for the purposes hereinafter set out, towit: 1. Lessee obligates himself to furnish at the leased premises the following services, towit: a. Flight instruction program available by appointment sufficient for obtaining private pilot license. b. Aircraft mechanic available by appointment, capable of performing FAA approved inspections and overhauls on airplanes and helicopters. C. The Lessee shall compile a list of airplane rental services in the area and post same in the airport waiting room. In the event there are • rental planes at the airport, all rentals shall be limited to those individuals who, in the sole judgment of Lessee, are responsible and/or qualified to operate said aircraft. d. Air taxi service available by appointment. e. Sale of regular and jet aviation fuel. Page 2 of 8 L f. Sale of aviation oil and lubricants. g. Storage of airplanes in said hanger and/or the rental of space therein to others for the storage of airplanes. 2. Lessee may, at his option, also furnish at the leased premises the following services, towit: a. Sale of Jet Aviation Fuel. In order to do this, Lessee shall, at his own expense, install the necessary tanks, pumps and related equipment on Tract 3 of the above described land. In the installation of said equipment, Lessee shall be govemed by any and all applicable governmental regulations. Also, Lessee shall remove said tanks, pumps and related equipment from the leased premises within ninety (90) days from the expiration or termination of this lease or any extension hereof, and failure • to do so shall cause said tanks, pumps and related equipment to ipso facto become the property of Lessor. Further, upon the removal of said tanks, pumps, and related equipment within said 90 day period, Lessee shall restore the grounds to the same condition they were in before such tanks, pumps and related equipment were installed. b. The management of any haycutting on the premises, with all revenues from said operation to be retained by the Lessee. Should the Lessee not exercise this option, the owner shall be responsible for all mowing. C. Sale of aircraft and accessories or supplies d. Painting and maintenance of aircraft. e. Aerial photography, survey and pipeline patrol Car rental g. Any other service normally associated with aircraft operations ARTICLE V For all services, Lessee's operation shall be open and services available seven (7) days a • week for at least nine (9) hours per day (8:00 o'clock AM. to 5:00 o'clock P.M.) To facilitate making this possible, Lessee shall be permitted to place two (2) trailer houses on the above described Tract No. 1 at a location South of the airport hanger, and Lessee shall, at his expense, obtain the necessary building permits and septic tank permits from the Calhoun County Building Inspector, and shall become the property of Lessor upon termination of this lease or any extension hereon. Page 3 of 8 129 • • ARTICLE VI Regarding the furnishing of the services enumerated in Article IV above; it is agreed and understood as follows: 1. Lessee shall furnish good, prompt and efficient service to the public. 2. Lessee shall furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof, and 3. Lessee shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. ARTICLE VII Lessee, in carrying out the terms of this agreement and in exercising any of the rights or privileges herein granted to him, shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons I any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation, Lessor is hereby granted the right to take any such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. ARTICLE VIE[ It is understood and agreed by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on said airport from performing any services on his, her or its own aircraft with his, her or its own regular employees (including, but not limited to maintenance and repair) that they or it may choose to perform. ARTICLE IX Notwithstanding anything herein contained that may be or appear to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non- exclusive and Lessor herein reserves the right to grant similar privileges to another • operator or other operators on other parts of the airport. ARTICLE X Lessee hereby agrees to protect, indemnify and hold Lessor harmless from and against any and all claims, demands and causes of action of every kind and character (including the amounts of judgments, penalties, interest, court costs and legal fees incurred by Page 4 of 8 r' 130 Lessee in defense of same) arising in favor of governmental agencies or third parties (including, but not limited to, employees of Lessee) on account of permits, claims, debts, personal injuries, deaths or damages to property, and without limitation by enumeration, any and all other claims or demands of every character occurring or in anywise incident to or in connection with or arising out of the covenants performed (or to be Performed) by Lessee under and pursuant to the terms of this agreement, or arising out of any other conduct of Lessee at said airport. ARTICLE XI Lessee shall at all times carry insurance coverage as follows: 1. Airport Liability of at least $500,000.00 each person and $1,000,000.00 each occurrence for bodily injury or death and $250,000.00 each occurrence for injury to or destruction of property, which coverage shall include insurance coverage for the flight instruction program, the rental of aircraft, services or aircraft mechanics and inspectors, air taxi service, sale of fuel, oil and lubricants and any and all other services and/or products that Lessee offers to the public. 2. Also Completed Operations and Products Liability in the amount of at least $1,000,000.00 covering aircraft repairs and services. 3. Also Hangerkeeper's Liability in the amount of at least $1,000,000.00 with respect to loss of or damage to any one aircraft. 4. An additional Insured Endorsement must be included extending all insurance coverage to Calhoun County, as owner of the airport, and each County Commissioner and the County Judge individually. 5. In the event the Texas Tort Claims Act (Article 6252.19, Vernon's Texas Civil Statutes) should ever be amended so as to increase the limits or scope of liability of a unit of government, then the foregoing insurance coverage shall be increased to at least equal the limits and cover the scope of Lessor's liability under such act. All of such insurance must meet with Lessor's approval, and prior to taking possession of the leased property, Lessee shall famish Lessor with a Certificate of Insurance (with 10 day notice Clause) showing he has such insurance; and if requested by Lessor, Lessee shall submit his insurance policies to Lessor for inspection. Lessee shall list Calhoun County on insurance policy and include provision for notification to Calhoun County in the event of termination of coverage by Lessee. Lessee shall require each airplane owner who hangars his airplane in the Calhoun County Hangar to provide proof of liability insurance in the minimum amount of $500,000.00. This proof of insurance will be kept: on file and will be available for viewing for each airplane in the hangar. Page 5 of 8 E 131 • ARTICLE XII In the event of breach by Lessee of one or more of the terms, covenants and/or conditions to be performed hereunder, Lessor shall notify Lessee of such matters causing such breach, whereupon Lessee shall have ten (10) days from the receipt of notice to remedy such breach, except for such things as Lessee should do, or discontinue doing, or correct, which create a danger or are derogatory to aviation activities, in which event the breach shall be cured by Lessee immediately. In the event Lessee fails to remedy any such breach within the specified time, then Lessor may, at its option, terminate this Lease Agreement in its entirety. Failure of Lessor to so terminate this Lease Agreement in any one instance of breach shall not constitute a waiver of Lessor's right to so terminate this Lease Agreement in any subsequent instance of breach. The term derogatory, as herein used, shall mean those things which hinder or render aviation activities inconvenient. • ARTICLE XIII Lessee shall not assign this lease not sublet the leased property without the written consent of Lessor. ARTICLE XIV Lessor shall during the term of this lease pay the electric bills for the runway and beacon lights and existing hanger facility. Lessor shall also famish Lessee with garbage pickup service at the airport at least once a week for municipal solid waste. ARTICLE XV Lessor shall during the term of this lease maintain the hanger facility. As to all other publicly owned facilities at the airport, including but not limited to the runways, taxi ways and aprons, Lessor reserves the right, but shall not be obligated to Lessee, to maintain, repair, or rebuild the same, together with the right to control all activities of Lessee in this regard. ARTICLE XVI Lessee represents that he has inspected all of the airport premises and improvements, • including the property herein leased, and that he accepts the condition of same as is and fully assumes all risks incident to the use thereof. Lessor shall not be liable to Lessee for any damages or injuries to the property or person of Lessee which may result from hidden, latent, or other dangerous conditions on or at said airport. Page 6 of 8 • ARTICLE XVII Lessor reserves the right to further develop or improve any area of the airport as it sees fit, regardless of the desires or view of the Lessee, and with no interference or hindrance by Lessee. ARTICLE XVIII Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of said airport against obstruction. ARTICLE XIX Lessee shall take good care of the demised premises and property, and at the termination of this lease shall deliver the same to Lessor in as good condition as same were in at the • beginning of the term of this lease, or as same were in after any subsequent repairs or maintenance, loss by storm, accidental fire, inevitable accident, and normal wear and tear alone excepted. Lessee shall also keep the leased premises neat and clean at all times. ARTICLE XX If said leased airport hanger should be destroyed, or damaged to such an extend as to make same untenentable, by fire, act of God, accident or other casualty, Lessor may, at its option, either repair or rebuild the same or terminate the lease. If Lessor shall elect to rebuild or repair said hanger, the rental shall be abated from the date of such damage or destruction to the date when said hanger has been rebuilt or repaired so as to make the same suitable for use and occupancy by Lessee for the purposes contemplated by this lease. If said hanger shall be damaged but shall remain tenantable and suitable for use by Lessee, then this lease shall continue in full force and effect and Lessor shall promptly repair said hanger, provided that from the date of such damage and until said hanger has been repaired by Lessor, the rental shall be abated in proportion to the amount of floor space which is rendered unusable! to Lessee. ARTICLE XXI It is understood and agreed by the parties hereto that the Calhoun County Airport, together with all of its improvements, constitutes a public airport that has been built for the purpose of serving the public, and Lessee shall conduct his fixed base operation on • this premise. ARTICLE XXII It is understood and agreed that this Lease Agreement is subject to and subordinate to and controlled by the provisions, stipulations, covenants, and agreements contained in those certain contracts, agreements, resolutions and actions of the Commissioners' Court of Calhoun County, Texas, and the United States of America and/or the State of Texas, and Page 7 of 8 133 0 their agents, including, but not limited to, the Federal Aviation Administration and the Texas Aeronautics Commission, and all regulations now or hereafter imposed on Calhoun County, Texas, the Lessor herein; and that this Lease Agreement and all of Lessee's operations hereunder shall be subject to and in accordance with all applicable laws, rules, regulations, orders and/or requirements of the Federal Government, the State of Texas, the Commissioners' Court of Calhoun County, Texas, and any duly authorized governmental agency, including, but not limited to, the Federal Aviation Administration and the Texas Aeronautics Commission, as such laws, rules, regulations, orders and/or requirements now or hereafter exist; and Lessor shall not be liable to Lessee on account of any of the foregoing matters; and all of the aforesaid laws, rules, regulations, orders and/or requirements, as the same now or hereafter exist, and all of the aforesaid contracts, agreements, resolutions and actions of said Commissioners' Court are incorporated herein by reference. ARTICLE XXM Notwithstanding anything contained in this Lease Agreement which might be construed to the contrary, it is controllingly provided and understood and agreed by and between the parties hereto that this agreement is a lease in the strict legal interpretation, and that Lessee, while performing the services contemplated under this Lease Agreement, shall not be deemed or considered a servant, agent or employee of Lessor. It is further expressly provided that either party may terminate this contract without cause by giving 30 days written notice to the other party. EXECUTED in multiple originals on the 26th day of February, 2004. ATTEST: LESSOR: CALHOUN COUNTY, TEXA By chael J. Pfeifer, C J ge AnitAri , Co Clerk • b� W.ndY glal'q�n � dt�u}yCOufihf @�QIR LESSEE: Charlene Rawlings Page 8 of 8 134 301W MEEnING WISH MEMORIAL MEDICAL HOSPITAL BOARD: Mr. Korenek with the Hospital Board opened the meeting and other members of the Hospital Board present were Mr. Bonar, Mr. Fritsch, Mr. Reyes, Mr. Williams, Mr. Currier, Mr. Makail which made a full forum. A Motion was made by Judge Pfeifer and seconded by Commissioner Fnster to approve a bill for a Mobile CT Scanner in the amount of $31,500.00. Judge Pfeifer ask Mr. Korenek to give a report on how well the Hospital is doing, Mr. Korenek handed out a Finandal Comparison Report (2002 & 2003). Mr. Korenek wanted to make a correction to the report it showed that the Hospital received nothing from the County in 2003 but the hospital did receive $293,365.00 for bond payment on the Mall. The Hospital did refund back to the County $17,263.00 for EMS overpayment in 2003. The Hospital is changing from an Ante Care Facility to a Critical Care Facility by doing this they would generate an additional $1,000,059.00 from the rederai Government through Medicare Services this will be a good fix but not a permanent one. Commissioner Galvan ask If this would effect Indigent Healthcare and Mr. Currier stated that It would not effect it at all. They will be going from 49 beds to 25 beds, they feel they are not down string but they are right sizing. If the community should grow they could go bads to 49 beds whenever they choose. Commissioner Balajka ask If this would effect the staffing of the hospital and Mr. Curter answered that it would not because at this time they average 25 beds. In order to become a Critical Care Facility they need to have a town meeting. The Court would like the Hospital Board to come up with a five year plan and bring it back to the Court. Judge Pfeifer hopes that this meeting can strengthen the ties between Commissioners' Court and the Hospital Board. Commissioner Galvan would like to see the joint meetings of the Court and Board more often. w.,Tn nmei , nt�s I%43 � ro BEM nrvD:CE LIST D,Tm ixt DrrrE or a2,zsa4 ppM VEn%RM.......................... q3 IWOICE6.. I..... TIN DT.IM DI -DE DT.d( DT..PC....... MMI.... DISC. ..... tA-w .......NET C1%6 C01M MEDICAL MP, IMC. Y M4 GWA411M4 IlM4 3155E20 .tit mks.............. I........................: 31S54es .N 591D0Tons............. ... ................. : Um .DB JL L'k . a fptaz�d 0-d APPROVED FEB 2 6 Z004 COUNTY AUDITOR ' PP UVLL r-----� 3155L B M 31558.a0 .D¢ 31551.66 9 u • Compass Medical Group, Tnc. 320 Texoma Drive Hickory Creek, Texas7SO65 Tel: 888-317-6881 Fax: 630-563-9190 Mobile:630-531-6545 Email: Ir..stowe(c�comnaca,,,edicl com Compass Medical requests phonies be wired to: Bank One, Chicago Routing. 07IMM13 Account:1115002149392 • Costs: 2 week renal of mobile CT: $16,550.00 Refundable deposit S15,000.00 2 way transportation cost: S not available at this time, estimated at S3,000.00 Amount due now: S31,550.00 Amount outstanding: $3,000.00 estimated Total: $34,550.00 estimated Total after refund: S 19,550.00 estimated Reference Dave Johnson Genesis Medical imaging $47-515-1190 Mike Myers Link Financial 847-922-3178 • 0 FINANCIAL COMPARISON(S) 2002 & 2003 Why is our cash at your end 2003 so much lower than year end 2003? Cash 2002 Balance December 31; = $1,839,255.00 2003 Balance December 31; = $ 912,619.00 Difference $ 926,636.00 Explanation In 2002 we received cash subsidies from the County totaling $1,100,000.00. We received 0.00 subsidies in 2003. 243, 365--ao 6,�-/ A,*(—j 17, z63.no All other things being relatively eauai, --------- Operationally, we would have had an additional $862,019.00 in the bank. This is due to the increased deductions from revenue 2003 as compared to 2002 (The difference being 2.46%). • Additionally "Dispro" payment is reduced by $223,379.00 this year compared to last year. By adding these two numbers $862,019.00 to $223,379.00 we have essentially lost $1,085,399.00 this year over last year. In addition to a reduction in the sources of revenue; we also must recognize the uses of cash; we purchased equipment from an additional cash outlay of $345,555.00. • Our payable and accrued payroll decreased by $454,876.00 Year - To -Date. ACCOUNTS RECEIVABLE Our gross revenue for 2003 is $35,041,425.00 and our receivable • increased by $643,394.00 or 1.83% ACTUAL BUDGET DIFFERENCE % REVENUE $35,041,425.00 $32,134.626.00 $2,906,799.00 8.30 EXPENSES $17,966.043.00 $17,283.204.00 $ 682,839.00 3.80 C►gyp;+-A1 0C45 7Sl,VU7) GENERAL DISCUSSION -COAST GUARD• Commissioner Frlster wanted to let the Court know he has been talking with Ty Zeller regarding the Coast Guard being moved from Port Lavaca to Victoria. APPOINT TWO MEMBERS TO THE MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES Pass until the next meeting. APPROVE LEASE WITH DE LAGE LANDEN FINANCIAL SERVICES FOR RICOH COPIER FOR SHERIFFS DEPARTMENT: . A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to approve the lease with De Lage Landen Financial Services for Ricoh Copier fol' SherifFs Department Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. ae sage tannen L De Loge London Financial services Lease Agreement Fi�g�ii�SUN COUNTY SHEDEPARTMENT P0"°3i�r553 4646 W Bllbng Address I211 S. ANN PORT LAVACA. TX 771170 Purchase order Aegwsiho Number I 36 1. Lease: You (the "Less and an any attached sch UP to 15% it the cost of starts on the day the Equ payments shall be payab� designated by us end the merits to begin later than use of the Equipment for due date. rslndat.d nn m. P3WIR!nt (PLUS) ypk"s T' $160.46 0.00 ♦ Tree to lease from us (the 'Lend he "Lease'). You authorize us iu iipment or taxes differs from the is delivered to you (the "Comma vance beginning on the Commer unUl all amounts are full, aald. I it the Equipment is located In mare than one locatlan-a.pay y as each additional location. Security deposits are n tion. addI , Lease tlehuR If you are not In default, we will return the deposl naiad. When a Payment is not made when due, You agree to ca Payment or $10.Oo, whlchever is greater We may charge you a HA (EQUALS) -gy=t nt Fraqueni 000shly ❑OuanenY 0Other ` $160.46Leue tease Option LXMV ❑ 10% O S1 t7 m. Pumhus OPI shall he FNY III another option is selected. - ��--�-DepositP (PLUS) r (EQUAL$) "af PayoamEnclosed.00 V ♦ 0.00 0 TERMS AND CONDITIONS r°) the Equipment listed above the Lease put Orris by supplier's estimate If you do not provide such insurance, you agree that we have the right but not the obligation, to obtain such Insurance, and add n Insutancs sae to the amount due from Thadjust -it Lease ncement Date-) and the Lease you, on which we may make a profit We are not responsible for any losses or In'uries caused by the Equipment and you Will reimburse us and defend us against any cement Date or any later date I we designate me Lease pay. claims, le indemndy will onllnue after the ter - minalion of this Lease. You wig obtain and malmain comprehensive public liability insurance nam- Ing us as an additional insured with coverages an Interim Lease payment for I until the first Lease payment and amounts acceptable b us. 6.Texas: You agree to pay when due, eltherdlrechyornmimbursemenitous, agtaxes(i.e., sales, use and personal property) and lber of days In the Period, and W, and are not sub ffact10 charges in onnecuon with ownership and use of the Equipment, We may charge you a processing fee for administering property tax filing's. can- °mentabon fee Of E59.95 and $10.00 documentation fee for 7. End of Lease: You win give us at least ISO days but nol more thn 120 days written race (to our address below) before the expiration of the Initial fine tenn (or any renewal term) of fa intention and may be applied to cure a Your urchan or return the Equipment Nth proper nonce you may a) purchase all the Equipment as indicated above send., •Gnd of i .,.. �.,.:__..��_ __.. 2. Title: Except for Leases wdh a $1.00 purchase option, we will have fide to the Equipment If you or8. my oNeeamFlemoupat when C have a $1.00 purchase option nNor the Lease is deemed to Da a security agreement, you grant Lease with us. If you are in us a security interest m the Equipment rid all proceeds therefrom. You anthorae us to Sign finano- Leas payments for the full the total mount due frig s pare ments ntl inn financing statements an your beha' f. 3. Equipment Use, Maintenance anti ESS 0 es: LI era (easing the Equipment to you "A9-IS" lea( varemoWlu or fixed price pun u"d at M2O MAKE NO WARRAN71E5, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MER• Residual discounted to the do CHANTABILITY, FITNESS FOR A PAoUnRTICULAR PURPOSE. We aansier to you any manWacturer c) charge you Interest on all y fortall supplies 11 and moms. It the Lease na noa58 itPEq mans[ in good working cpnditlpn rid fo require that you Immediately mat any Uaims related to maintennce or service wig not Imp ct Yourrobligation ird to pay all Lease (a Payments when due. 4. Assignment You agree not to transfer, sell. Sublease, assign, pledge or encumber either the 9. Equipment or any rights under this Lease without our prior written consent. Yo may sell, assign, or transfer the Lease and the new owner will have the sau agree that we IX fits we now have and will not have to performe rights and bens• p6 m any of our obligations and the rights of the new su any supplier. owner will not he subject to any Uaims, Defenses, or setoffs that you may have against us or to s, Risk of Loss and Insurance: You are responsible foran risks of loss or damage to the Equipment era and if my loss occurs you are required to satisfy all of your Lane obligations. You wig keep the tlu Equipment insured against all risks of loss or damage for an amount equal to its replacement cost so You will list us as the sole Loss payee for the Insurance and give us whiffed prof of the insurance. tm W You ogre Nor hip a a no"'reeli lease The 4u]P and lc XNEw ❑ aSm r- gate. 7 - -) G-o V ;� Pr'vu Name n� � � ... _ h C J. YWr �-✓ I De Lane Landon Financial Services, Inc. Lease Processing Center, fill Old Eagle School Road, Wayne, PA 19087 e PHONE: (800)735.3273 . FAX INO)775-2323 Lwse Commeroneul Oath tease Number that you an Lease term in on the Lease I :hale option ( to of default at monies due al return the Eql of be conside ssened we w ate Was, With perses)toyot US. the Lease Is a r. a) you out to pay a Lease payment figabon under the Lease or any other declare the entire balance of unpaid d payable to see; b) sue you for rid IS nacipabid end of Lease fair mar- nh future Lane payments and the execrable Collection and legal costs; for year from the date of default; d) ve may peaceably repossess R. Any or cancellation of the Lease, If the e Equipment at terms we determine, to von and annly th. n.r a —.e. e we have given you the namUNIC In e of Article Equlpm Equipment supm- 'this aantraat With the Supplier and may contact the shed inse was nce with in the 6w5 ('PA'); FA Yolis c obnsent W Court in PAree to ad to You under SaCiOns aive 2A5Dall B thr uphYou 2A"522 of only be used for business purposes and hot for per. at a facsimile cnnv of tn. I .... ,.m, r,....:...n_ _:___ 021012 DEG AN Rapp Rpawa Now in ea USA aaUp, 1= 1t� FISCAL FUNDING ADDENDUM LESSEI! ifrwmam 10L01nme • •• • `oe.s,nirrel Mq 21T S. ANN ftfta6j 553-9646 en PORT LAVACA ,wer CALHOUNsun TX a, 77979 cyu.rmcm nr�s.e a�+tmcl C4 rainy _ awmm ,mtn miwarecos,anmawnc..muc., 20 .OH DIGITAL cnp►I=I DF75 D ICUM NT F • •DFR T SR82O 500 SHEET FINISHER SINe rq semi rinses tR�,p,ECune, Mr<eaa.pn<e,mvs„ 0 CALHOUN COUNTY SHERIFF'S • The above described -DEPARTMENT r'Lessee)wanantsthetithasfundsavailabletopayrents('Leese Paymants7 until the and of its current appropriation pariod. In the event its legisladve body or funding authority does not appropriate funds to be paid to Lessor for the above described Equipment ('Equipment'), Lessee may, upon priorwritten mice to Lessor, effective 60 days after the giving of such ticks or upon the exhaustion of the funding authorized for the then cu"M appropriation period, whichever is later, return the EqulpmeMto Lesson at Lessee's expense: and thereupon. be released of its obligation to make all rental payments, (Lease Payments) to Lessor due thereafter, provided: (t) The Equipment is retumedto Lessor as provided for in the above described Lease ('Lease'), (2) the foregoing notice states the failure of the legislative body or funding authority to appropriate the necessary hinds as reason for cancellation, and (3) the notice is accompanied by payment of all amounts Men due to Lessor under fhe Lease. In the event Lessee returns the Equlpnant pursuant to the terms of this Addendum, Lessor shall retain all sums paid hereunder by Lessee, including the Security Deposit (t any) specified In the Lease, If the provlsfone of this Addendum are utilized by Lessee, Lessee agrees not to purchase, lease or rent any other functionally strnilar equipment for the balance of the Lease term following Lessee's exercise of Its termination rights hereunder. This Addendum ruin not be construed so as to pannit the Lessee to terrnlnate the Lease In order to acquire any other equipment or obtain funds directly or indirectly to perform essentially the same application for which the Equipment is intended. LESSEE TPe,1rr hie DeY,N aaetS. rtIG.liNauA9f�VX sq ,GALHOUN COUNTY nMxun,ruPnAm • TMENT ACCEPTED by LESSOR � l�ilWnCo*popkn urOnneg,ip W 39 EXTENSION SERVICE - DISTRICT CLERK - MONTHLY REPORTS: • D-360 The Extension Service and District Clerk presented their monthly reports for January 20D4 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Baiajka that said reports be accepted as presented. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. TEXAS COOPERATIVE EXTENSION The Texas A&M University System MONTHLY SCHEDULE OF TRAVEL Z(0 Name John P. O'Connell Title__ CEA-Marine County Calhoun Month , 2004 Date 8 Scope and description of official travel Traveled to Kee Calhoun County Beautiful Meeting Miles No. and amount Traveled Meals Lod In 2 10 Traveled to Watershed Stewardshi Pro ram to conduct educational program 59 12 Traveled to Six Mile 4-H Club meetingto conduct educational program 29 15 Traveled to Port O'Connor Elementary School to conduct educational program 51 16 Traveled to destination throughout county to deliver flyers announcin trainin 72 17 Traveled to Point Comfort to Port Lavaca for Executive Board meetin for Cha ter 26 19 Traveled to traveled throughout county on official business to ac wire materials for monofilament recovery and recycling ro ram 25 22 Traveled to Port O'Connor Elementary School to conduct educational program 50 Other expenses in field I hereby certify this is a true and correct report of travel (mileage) and other for the month shown. I incurred by me In performance of my official duties 14.0 TEXAS COOPERATIVE EXTENSION EXTENSION ACTIVITY REPORT TO CALHOUN COUTNY COMMISSIONORS COURT Se%ded MajorAct vifies Since Last Report January 2004 * Denotes Nightor WeekendActivity Date 1 County Holiday Total Miles Traveled: Daily Account 5 TEEA Council meeting. Members discussed upcoming event and programs. Arrangements were made for the upcoming district wide meeting. Four members are planning to attend. Office maintenance. 6 Vacation 7 Vacation 8 Vacation 9 Vacation 12 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' Inquiries concerning 4-H projects, clubs, and upcoming events. 13 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. Conducted general office maintenance and management. Attended the GIRLS Program Meeting held at the YMCA. *Gave a presentation to the United Way Board regarding 4-H program Highlights. *Conducted a livestock Judging Meeting. 14 Attended the TEEA district Meeting in Aransas Pass. Meeting consisted of TEEA district updates and program highlights. Plans were made and discussed for the TEEA Spring conference. Calhoun County will be in charge of the heritage display section at the spring meeting. * Conducted a leadership program in conjunction with the YMCA. 15 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. *Attended the 4-H horse project meeting. Meeting was held in the Bauer Barn. Members were given a quick introduction to horse equipment and care. 16 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. *Traveled with various 4-H members to the Livestock judging contest in Robstown Texas. 17 * Traveled with various 4 -H members to the Karnes County Livestock Judging contest. 19 Office Management. I continued to respond to client contacts (phone/fax/email/etc.). Responded to prospective clients' inquiries concerning 4-H projects, clubs, and upcoming events. Conducted general office maintenance and management. 20 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. • • 9 LJ E 21 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 22 Traveled with the GIRLS program to the University of Houston — Victoria campus for a Educational program. The program encourages youth to "GO get it" (education). Members involved were shown how to look for scholarship, plan your class schedules, and etc... * 4-H council meeting. Council met to discuss upcoming community service projects 23 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 26 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. Meet with the YMCA Youth Director concerning an upcoming dub the will be co -sponsored by the YMCA and the Texas Cooperative Extension. 27 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 28 Attended the CCY meeting held at the CCISD board room. Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. 29 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. * Conducted the photography orientation meeting. 30 Office maintenance. Responded to clientele via phone, fax, and email. Updated and maintained clientele information and community relations. Continued to promote, maintain, and evaluate the county and district 4-H program. * Traveled with various 4-H members to the Bee County Livestock Judging contest. Community Educational Outreach Summary —50 — Office visits —120 — Emails and Correspondence 0 — 4-H Project Visit 100 - Phone calls 4 — News releases 240 — 4-1-1 Newsletters Information was distributed to all club managers through club boxes. Information was then discussed at all club meeting. February 2004 Upcoming Event and Activities Date Event/activity 6 Rural Youth Banquet in San Antonio 7 San Antonio Calf Scramble 9 San Antonio Breeding Swine Check — In 10 GIRLS Meeting 11 San Antonio Jr. Breeding Swine Show 12 San Antonio Tour Guides *TCFF Meeting 14 Jr. Market Goat Check In — San Antonio 15 Jr. Market Goat Show — San Antonio 17 Jr. Market Steer Check In — San Antonio 18 Jr. Market Barrow Check In — San Antonio 19 Jr. Market Steer Judging — San Antonio Jr. Market Barrow Judging — San Antonio 20 Jr. Market Steer and Barrow Judging Cont. 22 Livestock Judging Contest — San Antonio 23 TEEA Council Meeting 24 GIRLS Meeting * Cattlemen's Banquet 26 *4-H Council Meeting 27 HG 4-H Camp in Brownwood 28 HG 4-H Camp in Brownwood 29 HG 4-H Camp in Brownwood Adriana M. Whitwell - January 2004 0 is 0 _. 143 P • CALHOUN COUNTY, TEXAS DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT 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.: -Z=L1..bcr wn3 Interest: TOTAL RF.lIITTANCE TO COUNTY TREASURER: 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: Balance in Checking -Account- Outstanding Receipts: Outstanding Checks: Outstanding Criminal Receipts: ii�FV:fiq Outstanding Checks: REMITTANCES (ANUARY ZOOLF-) 76. 39 4.00 2 5 3 S. 7- 1 iz 4. s0 $ 391.9!k RECEIVED: DISTRICT CLERK 2(�p TOTAL: 1 zT'OTAL:p MICHAEL PFEIFER COUNTY JUDGE 144 CALHOUN COUNTY, TEXAS DISTRICT CLERK SUMMARY OF CASH TRANSACTIONS IN FEE ACCOUNT RECEIPTS (-XANkARY ZOOLV) District Cler&'s Fees: ' Certified Copies Criminal Court Civil Court Stenographer Records Management Fund Courthouse Security Fund Civil Indigent Filing Fee Sheriff's Fees: Civil Court Civil Jury Jury Fees: Law Library Fees: C.J.P.F. L.E.O.S.: C.v.C.A.: J.P.T.: C.S.: B.A.T.: C.B.F.: Fugitive Appr. Acct.: C.C.C.: Juv. Crime Prev.: Time Pay Fee: Abused Children's Fund: C.H.I. A.J.S.F.: TOTAL FEES: Bond Forfeiture: Fines: Criminal Court C.A.R. Fund: State: Other Collections: Reimbursable Costs TOTAL CASH RECEIPTS: INTEREST EARNED: BEGINNING BALANCE: 380.2�} 1 Ss 00 71.00 90.Oo .� 454.so 340.00 7 q82. a�F 4.70 0 0 L J TOTAL RESOURCES: ACCEPT THE FOLLOWING DONATIONS TO CALHOUN COUNTY. A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to accept the following donations to Calhoun County: • $3,867.00 from the Texas State Ubrary & Archives Commission to the Calhoun County Ubrary. • $SO.00 from Margaret Ryan to Calhoun County EMS In memory of Sybil Laquay Ryan. • $39.00 Cash Donations to the Calhoun County Museum. Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. INTEROFFICE MEMO DATE: FEBRUARY 19, 2004 TO: MICHAELPFEUER,COUNTYJUDGE FROM: RHONDA S. MCMAHAN, COUNTY TREASURER RE: AGENDA • FEBRIJARY26, 2004 Please add the acceptance of the following donations to the agenda posting for February 26, 2004: TX STATE LIBRARY & ARCi-MTS COMMISSION in the amount of $3,867.00 donated to the Library; MARGARET RYAN in the amount of $50.00 donated to EMS in Memory of the Sybil n; Laqua Ryaand CASH DONATIONS in the amount of $39.00 donated to the Museum • ACCEPT DONATIONS FOR GUNS (SHERIFF'S OFFICEi: A Motion was made by Commissioner Balajka and seconded by Commissioner Finster to accept a donation from Mr. & Mrs. Robert J. Hawes in the amount of $100.00 and a donation from The Port O'Connor Community Service Club In the amount of $1.00.00 for guns for undercover cops. Commissioners' Galvan, BalMka, Floyd, Finster and Judge Pfeifer all voted in favor. DECLARE CERTAIN ITEMS OF COUNTY (PROPERTY AS SURPLUS/SALVAGE: A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to declare the following Items surplus/salvage: • JP #3 - Computer System, Asset #457-0IM9 • JP #2 - Computer System, Asset #456-0064 • JP #2 - Computer Upgrade, Asset #456-0066 Commissioners' Galvan, Balajka, Floyd, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS COUNTY AUDITOR'S OFFICE 2M W. AUSTIIM409MY COURTROW FORT tAVACA. TM$ 71979 MDROlEM605534M FlYOOW(WOMMOU E-MWWW"xIQ9=.08M MEMORANDUM MEMO TO: MICHAEL PFEIFFER, COUNTY JUDGE SUBJECT: AGENDA ITEMS) DATE: February 12, 2004 Please place the following item(s) on the Commissioners Court agenda for the date(s) indicated: AGENDA FOR FEBRUAR'V' 26, 2004: • Consider and take necessary action to declare the following item surplus/salvage: Justice of the Peace Pp.& #3 Asset #457-0069 — Computer System " LJ i • • 2-18-264 11:d6AM FROM CALHOUN CO. AUDITOR 361 553 4614 CALHOUN COUNTY, TEXAS COUNTY AUDITOR'S OFFICE 201 KAUMN-COUNTY COUMOUSEANNIX FORT LAVACA,TEMSn919 iElW MEMM%34619 EAY61 UM6U5 -4a E-= w1 W.00110D®i1wm MEMORANDUM MEMO TO: MICHAEL PFEIFFER, COUNTY JUDGE SUBJECT: AGENDA ITEM(S) DATE: February 18, 2004 Please place the following item(s) on the Commissioners Court agenda for the date(s) indicated: AGENDA FOR FEBRUARY 26, 2004: Consider and take necessary action to declare the following items surplus/salvage: Justice of the Peace Pct.#2 Asset #456-0064 — Computer System Asset #456-0066 — Computer Upgrade P. 2 148 ACCOUNTS ALLOWED - COUNTY: Claims totaling $865,961.06 were presented by the County Treasurer, and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that said claims be approved for payment. Commissioners' Galvan, Salajka, Floyd, Flnster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - HOSPITAL: Claims totaling $1,542,170.00 for Hospital Operations were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that said claims be approved for payment Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - HOSPITAL INDIGENT HEALTHCARE: Claims totaling $181,429.51 for Hospital Indigent Healthcare were presented by the County Treasurer and after reading and verifying same, a Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that said claims be approved for payment Commissioners' Galvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS -VARIOUS DEPARTMENTS: A Motion was made by Commissioner Flnster and seconded by Commissioner Floyd that the following Budget Adjustments be approved as presented. CommissionersGalvan, Balajka, Floyd, Flnster and Judge Pfeifer all voted In favor. I a W z z 0 z D 0 Z R 0 v 0 z Lt O LL U n 0 0 � waeu o:Gm FROM c ,c SIT «, 653 me �I m / §§B�� R ■®20 §§## gag m®�)/ §§§�« kv § z §§a ( w a a © §�k w z us kv IS � � kv § m�=a ■I2 / P., � \ m ) � ) § §. � \ 2-25-20A 12:21PM �r w O Wo cl W Q � 2 Z N i F, �r FROM CALHOUN CO. AUDITOR 361 553 ASIA a 3 Q U w z K a z ~ ¢ z O V P O y U 0 �a h 7- 0 e0 N O e � � x s J FQ- z z LL LL QJ W Z Iw^ V 6i Q Z Z' NO N h W a a a ? h W W2 2 tL m a o _wwzLu Q (G (O o x O 7 Q C 0 V P. 3 W� ds en � ea o {■j�� pqp O O L]�H oe9 m o 0 g z z m Z Z A O Z m m >- O T a w 0 ao 0 z 0 Q io- a }r[ 0 0 �3 Q J N A W u z W VI sZ m �m T l� a S n LJ • • • u 2-25-204 12:21PM FROM CALHOUN CO. AUDITOR 361 553 461d N C4 fV fV g Q m N N O W YyJJ 00 O O h p c q c q o O a O � U b ti _ K t iNA w Z W 0 . h N 0 z LL LL 0 z J. $m m q a r a a E coE uj U, 06 owl w O O e b p O O W F z z rn rn sm m o w O U O w m _z a r^ O s w o � I rO O K a a 0 W W tB a O Z ro w z a w N w W yy��1 w Q K it FZW W O O O O d,o 0 0 0 O C C O l � H N N o {{yy O N O O O iG N O 1(j N i x H W a !w $ w Oq G e w o o g N x N N H zo °z z z w a < a u�i a w M m a H � W W 3 O t7 m O N C h h h m M 2-2S-204 12:22PM CID Ewa ac CIO ac W Go mom F� W C3 C v ND CC W Go v iI z J4 w W z W V LLI Q z 0 z PROM CALHOUM CO. AUDITOR 361 SS3 AGIA N F a v P. S 9 0 • • C� • 2-25-20A 12:22PM FROM CALHOUN CO. AUDITOR 361 553 461d P_ 6 Criminal District Attorney Calhoun County, Texas Hatt Nan aaf LghW , RANDY R. CRIDER Invad;aw SHANNON X. SALYER SARAA. RILL Ytpim A•� =....•Couanuw February 16, 2004 Commissioners Court DAN W, HEARD Criminal District Attorney ASSiEtant C6n]ind Digria Attorney JERRX L. CLARK Assistant Csimioat 6iw9a Atcotney Re: Budget for District Attorney's Forfeiture Fund for purpose of funding match of Gun Violence Grant Dear Judge Pfeifer and Commissioners: The Court has previously approved the acceptance of the Gun Violence Grant that provides $32,000 in funding of a prosecutor position with a required match of S8,000. When the Court approved acceptance of the Grant it was understood that there would be no benefits for the position (health insurance) and I was not confident that we could find an attomey whose circumstance would allow employment at this modest salary without benefits. I have recently met with an attomey who is a part time resident of Calhoun County and therefore interested in the Grant position Given ourjail situation, filling this position will assist us in moving cases more quickly and saving county tax dollars. Accordingly I plan to hire this attorney effective March 1, 2004. I Plan to use the forfeiture fund to pay for the $8,000 match this year along with any expenses. Before I can expend funds from the forfeiture fund the law requires that I submit a budget to Commissioners Court re the fund. It is my understanding of the law that the Court does not have to approve the budget, just receive a budget. Accordingly I attach a Budget proposing use of part of the forfeiture fund. Please advise if you have any questions. Zan trul yours, W. Heard Cc: Ben Comiskey 154 2-25-204 12:23PM FROM CALHOUN CO. AUDITOR 361 553 d61d P. 7 0 1;6 Criminal .District Attorney y - Calhoun County, Texas a�.< RAMY R. CRIDER Invadgamr SAMA 13ML t4a6m Asia COotdiaater DAN W. HEARD Crilninal District Attorney SHANNON F— SALYF,R A<si.Mnt Criminal Diana AMMY ]FRAY L. CLAM Asaxtant Criminal Diaries Anvmcy BUDGET FOR CALHOUN COUNTY CRIMINAL DISTRICT ATTORNEY FORFEITURE FUND —AS SUBMITTED FEBRUARY 16, 2004 FUND BALANCE AS OF 2-16-04----------- $ 27,884.78 BUDGET FOR 2004: $ WOO.00 OF FUND WILL BE USED AS MATCH FOR $32,000 GUN VIOLENCE GRANT TO HIRE PROSECUTOR 1;000.00 OF FUND WILL BE USED AS RESERVE TO PAY ANY ADDITIONAL EXPENSES DUE TO HIRING NEW TEMPORARY PROSECUTOR FUND BALANCE AFTER USE OF BUDGET AMOUNT WILL BE $18,884.78 A WeseM?Don was given by the Port O'Connor Marina Ca7w*tae on a nw kw that Ls Projecbed to be both in Pat O'Connor, Taxi A FeaOMW Study was done by G & W ftkb ens, Inc and was funded by Ow WesWde Navigation Disbict The study shows that the nwrina project Wiu cost $16 mflpon. The • marina wiD not only benefit Port O'Connor it wpl also benefit the entire County. Court was adjourned at Sao pm. • -- • 156