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2002-11-27 SPECIAL NOVEMBER TERM HELD NOVEMBER 27, 2002 THE STATE OF TEXAS !i !i COUNTY OF CALHOUN !i e BE IT REMEMBERED, that on this the 27th day of November, A.D" 2002 there was begun and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00 A.M" a Special Term of the Commissioners' Court, within said Count~ and State, and there were present on this date the follow~ng members of the Court, to-wit: Arlene N. Marshall Roger C, Galvan Michael J. Balajka H. Floyd Kenneth W, Finster Shirley Foester County Judge Commissioner,pct.l Commissioner,Pct.2 Commissioner,Pct.3 Commissioner,Pct.4 Deputy County Clerk e Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Plege of Allegiance. CONSTABLE PRECINCT #4 - APPROVE BOND A Motion was made by Commissipner Finster and seconded by Commissioner Balajka to approve the bond, effective November 27, 2002, of Fritz Wilke who was elected on November 5, 2002 as Calhoun County Constable Precinct #4. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Constable wilke was sworn in by Judge Marshall. NEW CALHOUN COUTNY JAIL - CONTRACT WITH ARCHITECTURAL FIRM Commissioner Floyd stated the committee consisting of Sheriff Browning, Chief Jailer Tim Smith, Buddy Vela, Commissioner Balajka and himself prequalified three architectural firms regarding the new Calhoun County Jail. They found the firm of Pfluger, Wiginton & Hooker as the most qualified. A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to select Pfluger, Wiginton & Hooker as the most qualified arChitectural firm for the new Calhoun County Jail and the Committee be authorized to negotiate a contract with them. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e ENTERPRISE ZONE DISCUSSED WITH GOLDEN CRESCENT REGIONAL PLANNING COMMISSION Melissa Larson with Golden Crescent Regional Planning Commission discussed enterprise zone application. She had spoken with all commissioners except Commissioner Floyd. Robert Van Borssum with Calhoun County Navigation District felt there would be a positive benefit regarding state sales tax and big capital improvements. This is more flexible than a reinvestment zone, Ms. Larson stated a reinvestment zone allows local government to offer tax abatements whereas the enterprise zone offers such incentives as abatements and the State offers tax abatements and refunds. Commissioner Galvan discussed the benefits and incentives, He felt Ms. Larson should now speak to Commissioner Floyd. Ms. Larson discussed her schedule and the fee of Golden Crescent Regional Planning ,129 Commission when other entities become involved and more time is spent on this. Mr. Jack Wu with Formosa Plastics urged the Court to move forward with submission of an application. He questioned Ms. Larson concerning the extra expense involved to which she replied she could not give an estimate at this time. Mr, WU said Formosa will pay costs but must have an "not to exceed" figure. Commissioner Floyd said the zone area should be determined before application is made. Mayor Tharling suggested authorization of the application now and doing footwork later. Melissa said the zone must be determined first. e Commissioner Finster asked if there was a contract. Judge Marshall said a contract was proposed but not done, Finances were discussed, Commissioner Floyd will meet with Ms. Larson after Thanksgiving. Commissioner Galvan said more information may be available at the December 12th meeting. Mr Wu will be informed, No action was taken by the Court. MRMORIAL MEDICAL CENTER - MONTHLY FINANCIAL REPORT The Memorial Medical Center monthly financial report for year-to-date October 31,1 2002 was presented by Mr. Saad Mikhail. Mr. Buzz Currier, Hospital Administrator, gave a hospital financial and operations update. MEMORIAL MEDICAL CENTER YEAR.TO-DATE SUMMARY OCTOBER 31, 2002 e OPERATING REVENUE LESS: OPERATING EXPENSES 15,606,349 (14,458,191) 1,148,158 CHANGE IN INVESTMENT: Accounts Receivable- (Incr) Deer Accounts Payable- Incr(Dacr) Prepaid Expense- (lna-)Oeer Inventory (lncr) Deer 320,476 38,871 (3,005) 24,008 380,349 TOTAL INVESTMENT CHANGE (INCRI DECR , ,528,507 PLUS: Depreciation Contribution to the County , ,282,969 o 2,811.476 PLUS: County Subsidies EM3fHospltal 138,060 Total Cash- Incr(Decr) 2,949,536 LESS: EquIpment Purchases e (222,550) NET CASH. INCR (DECR) 2,726,98' 430 MEMORIAL MEDICAL CENTER YEAR-TO-DATE SUMMARY OCTOBER 31, 2002 e OPERATING REVENUE LESS: OPERATING EXPENSES 15,606,349 (14,458,191) . 1,148,158 CHANGE IN INVESTMENT: Accounts Receivable- 320,476 (Incr) Deer Accounts Payable- 38,871 Incr (Deer) Prepaid Expense- (3,005) (Incr) Deer Inventory 24,008 (Incr) Deer 380,349 TOTAL INVESTMENT CHANGE . ~ (INCR) DECR 1 ,528,507 \,jj PLUS: Depreciation 1,282,969 Contribution to the County 0 e 2,811,476 PLUS: County Subsidies EMS/Hospital 138,060 , I Total Cash- 2,949,536 Incr (Deer) I I I I LESS: I Equipment Purchases (222,550) I ( NET CASH- INCR (DECR) 2,726,986 e 431 e MEMORIAL MEDICAL CENTER PORT LAVACA, TEXAS PHYSICIAN'S ANALYSIS REPORT OCTOBER 31, 2002 YTD YTD YTD REVENUE CONTRACTUAL WRITE.OFF NET REVENUE NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT APOSTOL, C.F. j 40,465.92 693,485.61 246,657.70 47,157.02 399,670.89 58% APOSTOL, MELECIO 2,312.15 2,878.59 0.00 195.74 2,682.85 93% WILLIAM, GA. 83,870.50 774,172.61 231,793.60 52,643.74 489,735.28 63% LIN, M.s. 96,078.01 1,144,834.13 338,712.55 77,848.72 728,272.86 64% SMITH, J.K. 134,446.30 938,605.86 293,896.47 63,825.20 580,884.19 62% PENTECOST, L.V. 1,853.20 83,355.70 19,149.65 5,668.19 58,537.86 70% MCFARLAND, T,R. 145,77\.14 1,815,734.59 508,449.28 123,469.95 1,183,815.35 65% GRIFFIN, JEANNINE 13,827.93 156,975.55 53,501.54 10,674.34 92,799.67 59>> BUNNELL, D.P. 322,795.72 2,720,885.56 1,205,937.80 185,020.22 1,329,927.54 49~ ROLLINS, L. 9,496.08 536,310.29 171,983.08 36,469.10 327,858.11 6100 ARROYO.DIAZ, R. 261,239.30 2,175,910.92 847,535.02 147,961.94 1,180,413.96 54% GILL,J. 90,383.20 713,193.54 209,112.34 48,497.16 455,584.04 64% WILLIAMS, WES j 63,090.37 248,396.21 43,156.09 16,890.94 188,349.18 76% CUMMINS, M. J 59,707.37 545,833.08 112,999.40 37,116.65 395,717.03 72% RUPLEY, M. 7,677.08 169,436.64 36,942.31 11,521.69 120,972.63 71% LEE,J 53,462.57 694,699.03 250,550.81 47,239.53 396,908.68 57% LE, NHI 155,744.62 1,471,195.71 391,898.13 100,041.31 979,256.27 67% CARAWAN, S. ~ 167;952.76 1,367,162.71 334,352.59 92,967.06 939,843.06 69% STEINBERG, R. 15,264.25 106,069.76' 10,454.57 7,212.74 88,402.45 83% RAMOS LABORATORY 4,257.10 73,197.99 225.69 4,977.46 67,994.84 93% V1SmNG PHYSICIANS 236,334.08 1,440,412.93 328,624.54 97,948.08 1,013,840.31 70% ER PHYSICIANS 376,620.99 3,391,582.20 470,215.40 230,627.59 2,690,739.21 79% NO LOCAL PHYSICIAN 3,011.00 117,472.63 4,676.98 7,988.14 104,807.51 89% OTHER 509,853.44 5,376,714.38 1,204,963.43 379,605.92 3,792,145.03 71% TOTAL 2,855,515.09 26,758,516.23 7,315,788.97 1,833,568.45 17,609,158.82 66% e c 3 ~ 432 . , . MEMORIAL MEDICAL CENTER OPERATING STATEMENT For the 10 Months Ending October 31, 2002 e SINGLE MONTH YEAR TO DATE Current Budget Prior Year Current YTO Budget YTD Prior YTD Operating Expense Salaries 575,937.74 588,352.77 582,329.66 5,717,157.31 5,883,527.70 5,995,009.84 Employee Benefits 144,759.34 143,740.16 130,494.35 1,395,315.70 1,437,401.60 1,439,545.84 Professional Fees 272,110.98 198,399.00 241,275.28 2,314,105.82 1,983,990.00 1,869,194.71 Plant Operation 38,041.86 36,691.67 43,390.47 351,986.04 366,916.70 381,567.85 Hospital General 47,470.26 70,531.25 49,251.78 374,365.26 705,312.50 362,394.04 Other Operating Expenses 496.250.08 392,111.29 421,256.79 4,305,261.03 3,921,178.90 3,469,992.79 Total Operating Expense 1,574,570.26 1,429,826.14 1,467,998.33 14,458,191.16 '---'4,298,327.40 13,517,705.07 159,863.76 I 940,488.09 I Net Operating Gain/(Loss) 304,838.81 (60,867.12) 31,044.52 1,148,158.13 (945;,478.93) 616,247.40 .J Non-Operating Expense Depreciation 128,215.14 169,388.08 133,953.75 1,282,968.97 1,693,880.80 1,605,376.41 Contribution to County 0.00 0.00 0.00 0.00 0.00 0.00 '')tal Non-Operating Expense 128,215.14 169,388.08 133,953.75 1 ,282,968.97 1 ,693,880.80 1,605,376.41 Total Operating Gainl(Loss) 176,623.67 (230,255.20) (102,909.23) (134,810.84) (2,639,359.73) (989,129.01) County Subsidy (138,059.51) 0.00 54,250.00 (138,059.51) 0.00 (108,500.00) Net Gain/(Lo$s) after Subsidy 314,683.18 (230,255.20) (157,159.23) 3,248.67 (2,639,359.73) (880,629.01 ) e .... , (" page-,. 7 e 433 ,e e e MEMORIAL MEDICAL CENTER AGING OF ACCOUNTS RECEIVABLE AS OF OCTOBER 31,2002 0-30 31-60 61-90 91-120 OVER 120 TOTAL . MEDICARE 1,291 ,555 148,901 66,313 38,197 93,689 1,638,655 Percent 79% 9% 4% 2% 6% 37% MEDICAID . 181,431 53,296 28,168 11,304 34,674 308,873 59% 17% 9% 4% 11% 7% BLUE CROSS 126,866 74,246 14,712 11,332 39,308 266,464 Percent 48% 28% 6% 4% 15% 6% COMMERCIAL 712,414 385,347 177,010 87,565 171,063 1,533,399 Percent 46% 25% 12% 6% 11% 35% PRIVATE 77,967 141,715 133,721 109,211 200,990 663,604 Percent 12% 21% 20% 16% 30% 15% TOTAL 2,390,233 803,505 419,924 257,609 539,723 4,410,995 Percent 54% 18% 10% 6% 12% 100% Outstanding AR Days: 50.69 October 48.64 September 00 II' <d' M ~ , e MEMORIAL ~~8!a~~L. ~~~~~~ j,361) 552-6713 ADMINISTRATOR'S REPORT November 2002 FINANCIAL: October was a particularly a good month with net revenues up by some $510,000.00 over budget with expenses for the same period up by only $144,744.12 which means the added expenses were more than justified by a 4 - I ratio of revenue to expense over budget. Our net operating gain Y-T-D is $1,148,158,12 as compared to $616,247.40 last year at this same period. Yes, October was a good month and so far its' been a good year. e TCDRS (Texas County & District Retirement Svstem) I've mailed our recommendations reference the 2003 plan change documents to you earlier in this month. Should you have any questions concerning the proposed changes please let me know so that I might address concerns in advance of our Board meeting. The three changes recommended are fairly straightfOlward. The increased employer contributions, as well as, the CPI for retirees are fairly clear in terms of costlbenefit relationship. The buy back provision may need elaboration, not necessarily in terms of value but rather mechanics of implementation. First its important to note that the buvback provision will apply only to individuals that are employed on the date of adoption and, of course, who have prior credited service which they have previously forfeited. I believe we currently have 34 employees who could be effected by this provision but the likelihood is that we would have 2 - 3 at most who would elect to buyback credited service, The exposure would be minimal but could be beneficial to a few, including myself. I've enclosed a listing of those members who would be eligible for buyback. Those currently employed, thereby eligible are identified by check mark C-J), The actuaries have projected the "likely" costs of this provision based on experience and the laws of probability. I believe this to be an important component for our recruitment/retention effort with minimal financial exposure, .\ MID SERVICE J ~ --J'~/ Continues to meet and exceed our projections relative to numbers and revenue generated, We've I" /' hired a second MRI technician so that we might ultimately be able to provide the service for 12 o I~D hour days X 6 days weekly, The obvious intention is being that of maximizing utilization by loY extending availability. CALHOUN COUNTY MEDICAL FOUNDATION: The foundation board continues to solicit funds to facilitate the matching funds required by the Johnson Foundation Grant. With the assistance of the Formosa Trust and local industry we have achieved the match and we shall assist the CCMF in their selection of a Digital R&F Room so that they might complete the contribution. The mechanics of repayment to the Formosa Trust as well as the responsibility of the Hospital has been discussed previously so I will not elaborate at this time. Suffice to say the Hospital is to be the beneficiary of charitable generosity and with e 435 , the purchase and installation of a digital R & F, zoom, we shall be knocking on the door of space age, technology which will position us well for the future. MMC BOARD SIZE. AND COMPOSITION Enclosed are my recommendations to you as a board relative to the recent action of the Court relative to reducing size of board. e CAPITAL EQUIPMENT Recently we've attempted to prioritize our capital equipment needs and there has emerged three items, which have risen to the top. . Patient Room Fwniture Beds, overbed tables, bedside cabinets and chairs are in dire need of replacement. Approximate cost is projected at $200,000.00 . Patient Telemetrv This is the equipment used to monitor cardiac care and is outdated. Estimated replacement cost $175,000.00 . MIS (Management Information System) _. DPSI upgrades and increased capacity and capability needed for system efficiency. Estimated cost $125,00.00 The composite cost at $500,00.00 is one I am recommending we accomplish through short term financing (60 months) using the low interest rates currently available. The debt service involved a can be comfortably assumed based on current budget expectations. This is simply a heads up .. and each item will of course be processed appropriately. SUMMARY: Overall, things continue 10 go well, we have maintained a healthy margin while maintaining cash levels Vlhieh allow us to insure timeliness in tbe treatment of our payables. Our receivables are being "worked" diligently and our respectable Days-In-Accounts receivable level produces cash necessary for operations and is the envy of most Hospitals. Based on our exit interviews with employees and patient comment forms, it would appear that we are making headway with the satisfaction of many. I therefore feel that we are living our stated mission as a hospital which I feel worthy of repeating here: Memorial Medical Center is committed to providing to all citizens of Calhoun Countv accessibilitv to the highest qualitv of Healthcare in a caring, dignified. and cost-effective manner. See you on the 19th, ( e MEMORIAL MRTlTC.AL rRNTRR - PAYMENT REDUEST FOR EMS SUESIDY This agenda item was passed. 436 I EMERGENCY MlmICAL SERVICES - TRANSFER OF EMS ASSETS FROM MEMORIAL MEDICAL CENTER TO CALHOUN couNTY A Motion was made by CommisBioner Finster and seconded by Commissioner Balajka to authorize the County'S auditors and Emer$ency Medical Services' director, Heny Barber to confer w~th Memorial Medical Center's auditors to determine the proper method to transfer EMS assets from Memorial Medical Center to Calhoun County. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor, e TRANSFER OF MEMORIAL MlmICAL PLAZA TO CALHOUN COUNTY _ GENERAL DISCUSSION Judge Marshall said the County Auditor has asked for a meeting of the Court, Memorial Medical Center and the Maintenance Supervisor regarding the transfer of the Memorial Medical Center from the hospital to the County. Mr. Currier, Hospital Administrator, state the hospital has no funds for the Plaza after the first of the year. A Meeting was scheduled for December 3, 2002 at 10:00 A.M to determine what the County is accepting and what the needs are. C'AT,R'OUN COUNTY MUSEOM - AGREEMENT WITH ~~ALLE ODYSSEY PLANNING COMMITTEE REGARDING HISTORICAr. A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to authorize the County Judge to enter into an agreement with LaSalle Odyssey Committee regarding the progressive historical tour. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e La Salle Odyssey Planning Committee Aransas Kathy Roberts Douglass Stephanie Judjahn Calhoun George Ann Cormier George Fred Rhodes Jackson Judge Harrison Stafford II Matagorda Cynthia Tobals Roberta Ripke Nueces Rick Stryker Victoria Dr. JoaF, Dahlstrom Maureen Brown TSIR Sharon Steen Linda. Wolff e P,O. Box 1132 607 No. Bridge St. Victoria, TX 77902 361/485-1570 FAX; 361/578-8865 November 15, 2002 Mr. Alan Govenar DocumenlaryArts P,O. Box 140244 Dallas, Texas 75214 Dear Mr. Govenar: When executed by you in the space provided for that purpose, this will evidence an agreement by and between Documentary Arts and the following members of the La Salle Odyssey, Calhoun County Museum; Jackson County Museum, Texas Maritime Museum and Matagorda County Museum, the terms of which are as follows. Documentary Arts will create audiovisual materials for the la Salle Odyssey for the consideration of $25,000 per Institution, t? include scripting, production, editing and equipment. The cumulative gross costs to the Odyssey shall not exceed $100,000. The payment schedule will be as follows: $25,000 January 30, 2003, $50, 000 May 1, 2003, and $25,000 Jufy30, 2003, Documentary Arts shall provide the kiosk interface box, dvd player, and monitor n'ecessary to present the audiovisual products. . Documentary Arts will install the interface box, dvd player, and mOnitor in the kiosks created by Southwest Museum Services. Documentary Arts will warranty the interface box for 1 year, Includin~ parts. ~nd labor. The costs of all site visits related to research, production, edltmg, installation, and associated expenses shall be included in the consideration agreed to herein. The La SalJe Odyssey shall be responsible for the kiosks ~o h?use the displays and wili have final approval of content. The obligations 01 the respective parties shall be completed on or before the 15th day of July 2003. Fort S1. Louis Executed this.15t1'l day of November 2002. PhIlip Guillard Doug Cochran Jackson County Museum 437 SHERIFI!" S DEPAR'lT1JKNT - DONATION OF BUS FROM ALCOA A Motion was made by Connnissioner Balajka to accept "as is" a donation of an &1 Dorado 24 passenger bus from Alcoa to be included in the Sheriff's Department inventory (to transport prisoners to Victoria). Connnissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e In discussion, Connnissioner Balajka stated some repairs to the bus may be required. APPROVAL OF MINUTES A Motion was made by Connnissioner Floyd and seconded by Connnissioner Baljaka that the Minutes of October 24, November 14 and November 18, 2002 be approved as distributed with the correction in the Minutes of November 14, 2002 regarding the Letter of Resignation of the County Tax Assessor-Collection recorded in Volume 26, page 369. It should be stated as: ".... to accept the November 14, 2002 letter of Annette Baker, Tax Assessor-Collector of Calhoun County which contains her resignation effective December 31, 2002 and which contains her reconnnendation to appoint Dora Ornales Garcia as Tax Assessor-Collector". Connnissioner Balajka stated the motion was only to accept the letter, Connnissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. Arlene N, Marshall County Judge H, Floyd Commissioner, Pet, 3 e Kenneth W. Finster Co=issioner, Pet. 4 Roger C, Galvan Commissioner, Pet, 1 Michael J. Balajka Commissioner, Pet. 2 Shirley Foester Deputy County Clerk GKNRRAL DISCUSSION - BONDS OF ELECTED OFFICIALS Connnissioner Finster said he had received a~ invoice for his bond renewal, stating he h~d never rece~ved one before The County Auditor sa~d the County Cl~rk.called him regarding same. He said the statute says ~t ~~ the responsibility of each elected official to get the~r bonds and submit them to the clerk. The Court will meet on December 30, 2092 a~ 10:00 A.M. for d of the year business and the swear~ng ~n of elected ;~ficials will be January 1st, 2003 at 10:00 A.M. e PLACRMRNT OF STOPS SIGNS IN PORT 0 I CONNOR set for public hearing at a later This agenda item will be time. 438 e e e DISTRICT C'T.RRK - PURCHASE OF COMPUTER SOFTWARE A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to authorize the purchase of HCSS Software Licenses, Installation and Training and Annual Maintenance Contract for the District Clerk's Office and authorize the District Clerk to sign necessary agreement to acquire same, (Bids are not necessary as this is less than $25,000. Funds for the purchase of these items are included in the 2002 budget.) Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. N~u 19 02 01:S4p Hill Cou"tr~ So'tware 18301 537-4380 p.l Hess Software License Fees District Court System 4 extra workstations $3,995.00 $1,580,00 Installation & Training - $800 per day $1,600,00 Initial Costs $7,175.00 HCSS Software Maintenance Annual Maintenance $1,600.00 Hess ~oftware Maintenance . Then:a!ntenance begins 90 days atter the completIon of .the software and the t~atnlng process, Maintenance billing will beg~on the first of the month follOWing the completion of the 90 period. FIlE/) AT. O'CI.~", . e,,,... HAllTGIllWE :"macr lUIIIl, CIIJlOIJN COlOOY, TEXAs OEPuTY 439 TAX ABATEMENET IN REINVESTI>IENT ZONES - GUIDELINES AND CRITERIA A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to continue the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement in Reinvestment Zones Created ~n Calhoun County, Texas. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e ADOPTION Upon motion by Commissioner H. Floyd , Precinct Three , seconded by Commissioner Roger Galvan , Precinct One ,the Guideline5 and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement in Reinve5tment Zone5 Created in Calhoun County were renewed for a two year period, being the period June 11, 2002 through June 10, 2004, and was approved by a vote of 5 for and 0 against. PASSED, ADOPTED AND APPROVED on this 27'h day of November, e 2002. COMMISSIONERS' COURT OF CALHOUN COUNTY ~~~ Arlene N. Marshall, County Judge }. r ~~ 6.9.~ Michael Balajka, precin& #2 o enneth Finster, Precinct #4 Attest: B1_jl~~{L1Vu r&n ..' .!.;-~t<re: . :'" ~\ ounty Clerk ' .. "-/.1-' ,. ,~. \'~-//" ".,..... ". ~i~}~.iE ' .,.,...., ~'" " (' 4L p e. \!\\ to '_'" 11 u. j ", '~,' "'\\~---':' e 440 .. .-\,DOPTION e Upon motion by CommisSIOner H. Floyd. Precinct 3, seconded bv Commissioner Michael Balajka, Precinct 2, the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Grantmg Tax Abatement in Reinvestment Zones Created in Calhoun County were amended to delete reference to additional incentive for residency and shall be etTective from the date of adoption for the remainder of origmal teJ1Il of June 13, 2000 through June 12. 2002, and were approved by a vote of 4 for and 0 against. with Commissioner Roger Galvan. Precinct 1, absent from Court. PASSED, ADOPTED A;'oID APPROVED on this 31'1 day ofJanuary, 2001. COMMISSIONERS' COURT OF CALHOUN COUNTY e a \JJJvl~~ ~~'L Michael Balajka, Precinct #1 H. Floyd, Precinct #3 J!&MfdW- k Kenneth W. Finster, Precinct #4 Attest: 1>1 ~(jJ~ Marle';lePaul, County Clerk -------- e 441 e "DOPTION Upon motion by r/ C/;/t?"RJu fl }?Jcf/,D seconded blJ . the Guidelines and Cmena 0 r' ,he Commissioners' Court ot.Calhoun County for Granting Tax Abatement In Reinvestment Zones Created in Calhoun County was renewed for a two vear period. bemg the per'od June 13. 1998 [hIough June 12. 2000. ~nd \V1S 1pproved bv 1 VOte of ~ lar J.no o against. 1998. PASSED, ADOPED .,,~D APPROVED on this the ll'e day of May. e >>' ~<"). /)1) /~ ^ .-l/l/.......v'-;. '- Leroy Belk, Precinct ~ I _%6<-"',d {J d..:....~7-""-' Kenneth Finster, Precinct ,:;::4 Attest: ] 9;; ALf~'c}1.Z 1~a.lLt \.. -- Marlene Paul, County Clerk e ''ll 442 >-- e GUIDELINES AND CRlTERIA OF THE COMMISSIONERS COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY COtvllvlISSIONERS COURT OF CALHOUN COUNTY, TEXAS (For the period June 13,2000 through June 12,2002) Adopted June 13, 2000 Amended January 31, 2001 e COMMISSIONERS COURT Commissioner Roger Galvan, Pet 1 Commissioner Michael Balajka, Pet 2 Commissioner H. Floyd, Pct. 3 Commissioner Kenneth W. Finster, Pct 4 Arlene N. Marshall, County Judge Marlene Paul, County Clerk e 443 GUIDELINES AND CRITERIA OF THE COMMISSIONERS COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINvESTMENT ZONES CREATED IN CALHOUN COUNTY INDEX PREAMBLE Section I - DEFINITIONS 2 6 6 6 6 7 7 7 7 8 8 9 9 9 9 10 10 11 Section 2 - ELIGIBILITY CRITERIA (a) General Eligibility (b) Eligible Facilities (c) Commencement of Construction (d) Property Value Eligible for Abatement (e) New and Existing Facilities (I) Eligible Property to be DeSCrIbed (g) Ineligible Propeny (h) Owned or Leased Facilities (i) Economic Qualifications (j) Exclusions Section 3 - TERl'vf AND PERCENT OF ABATEMENT (a) Term of Abatement (b) Effective Date (e) Percent of Abatement (d) Limltations (e) Taxability 444 '. . - e e "!\ .... Section 4 - A..PPLICA TION 11 (a) Filing 11 e (b) Contents 12 (c) Completed Application 15 (d) Feasibilitv Study IS Section 5 . DESIGNATION OF REINVESTMENT ZONE 16 (a) Authority to Designate Reinvestment Zone 16 (b) Application for County Designated Reinvestment Zone 16 (c) Designation 16 (d) Notice of Hearing 17 (e) Municipality Designilted Reinvestment Zones 17 (I) Date of Expiration 17 e Section 6 . T AX ABATEMENT AGREEMENTS 18 (a) Public Hearing 18 (b) Required Findings by Commissioners' Court 18 (c) Resolution of Commissioners' Court 18 (d) Notice to Other Taxing Jurisdictions 22 (e) Execution/Effective Date 22 Section 7 - RECAP1lJRE 7^ _0 (a) Conditions of Default, Cure and Termination r _0 (b) Elements of Default 24 (c) Termination 25 (d) Non Waiver 25 e 445 - (e) Recapture 24 SectIOn 8 - ADMINISTRA nON 24 (a) Duties of Chief Appraiser 24 (b) Compliance Inspections 25 (c) Annual Evaluations 25 (d) Notice Requirements 1" -) (e) Registration of Tax Abatement Agreements 25 Section 9 - MISCELLANEOUS 26 (a) Variance 26 (b) Assignments 26 e (c) Application for Exemption J"7 -, (d) Effective Date 7- - I (e) Sunset Provision 27 (f) Effect of Modification or Termination 7~ _I (g) Subtitles 7- _/ (h) Severability 23 Section IO-ADOPTION 23 e "'l 446 Iii- e e e GUIDELINES AND CRlTERlA OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY (For the period June 13, 2000 through June 12,2002) PREAMBLE WHEREAS, the Commissioners' Court of Calhoun County bv resolution adopted on March, 13, 1933 declared its eligIbility to grant tax abatement; and WHEREAS, by subsequent resolutions dated May 13, 1990, May 11, 1992, June 13,1994, June 10, 1996, May 11, 1993 and June 13,2000, the Commissioners' Coun of Calhoun COUnty adopted and extended Guidelines and Criteria for gyanting tax abatement in reinvestment zones created in Calhoun County, which cunent Guidelines and Criteria expire on June 12,2002; and as amended January 31, 2001, WHEREAS, as a direct result of being eligible to grant tax abatement, Calhoun County, the Calhoun County Independent School District, Calhoun County Navigation District and other taxing jurisdictions in the county have been able to compete for and obtain expansion projects of the Union Carbide Corporation Seactrift Plant, with projects exceeding one hundred million dollars, and the Formosa Plastics Corporation, Texas facilities of approximately l.3 billion dollars; and WHEREAS, pursuant to the PROPERTY REDEVELOPMENT AND TAX ABA TElVIENT ACT, TEX, T 1\.,'< CODE ANN, Chapter 312, in order to continue the County's eligibility to gYant tax abatement, it is necessary to adopt Guidelines and Criteria for granting tax abatement agreements for the next two year period commencing June 13, 2000 through June 13, 2002, inclusive, said Guidelines and Criteria to be unchanged for the two year period, unless amended by three.quarters vote; and WHEREAS, to assure a common, coordinated effort to promote Calhoun County's economic development, representatives of the City of Point Comfort, and the Calhoun County Navigation District, have adopted Guidelines and Criteria similar to the following; NOW, THEREFORE, BE IT RESOLVED that the Commissioners' Court of Calhoun County does hereby adopt the following Guidelines and Criteria for gyanting tax abatement in reinvestment zones created within Calhoun County, Texas for the period June 13, 2000 through June 12,2002, inclusive: 447 e Section 1 DEFINITIONS (a) "ABA TEMENT" means the exempl10n from ad valorem taxation of a porrion or all of the eligible value of the real property or of tangible personal property located on Ihe reai property, or both, as limited by these Guideiines and Criteria and the provisions of TEX. TAX CODE ANN. SJ 12.204. (b) "AGREEMENT" means a written contractual agreement between a properry owner andlor lessee and an eligible taxing jurisdiction for the purposes of tax abatement. (c) "AQUACULTURE FACILITY" means buildings, structures and major earrh structure improvements, including fixed machinery and eqUIpment, the primary purpose of which is the hatching or incubation or nursing or maturing or processing to marketable size aquatic culture in commercially marketable quantities. e (d) "APPLICANT" means the legal entity seeking tax abatement. (e) "APPRAISED VALUE" means the last certified property value as approved bv the Calhoun County Appraisal Review Board. (f) "BASE YEAR VALUE" means the appraised value of all property owned by the Taxpayer/applicant in the reinvestment zone as most recently determined by the Calhoun County Appraisal District immediately preceding the application, plus the agreed upon value of all property improvements made in the reinvestment zone since the last appraisal, but before the execution of the agreement. (g) "COlYIMENCEMENT OF CONSTRUCTION" means the placement or construction of any improvements that are part of the project in the reinvestment zone. The storage of building materials in the reinvestment zone that are to be used In construction of the improvements does not constitute commencement of construction. Engineering, site preparation and similar activity shall not be considered commencement of construction so long as permanent 2 e ... 448 10-- e e e improvements that are part of the project have not been constructed and placed in the reinvestment zone. (h) "COMMISSIONERS" or "COMMISSIONERS' COURT" Commissioners' Court and governing body of Calhoun County, Texas. means the (i) "COUNTY" means Calhoun County, Texas, a political subdivision of the State of Texas. u) "DEFERRED MAINTE:'I'.-\:'I'CE" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. (k) "DESIGNATING AUTHORlTY" means the taxing unit that has the authority to designate the reinvestment zone in which the proposed project is located. (1) "DESIGNEE" unless otherwise indicated, means any person or entity authorized by the Commissioners' Coun to act on behalf of the County. (m) "ECONOMIC LIFE" means the number of years a property improvement is expected to be in service in a facility, and will continue to have value for ad valorem tax purposes throughout such term (n) "ELIGIBLE JURISDICTION" includes Calhoun County and any navigation district, any drainage district, and municipal utility district, any water quality improvement district, any municipality, and the Calhoun County Independent School District, that levies ad valorem taxes upon property located within the proposed or existing reinvestment zone. (0) "EXPANSION" means the addition of building, structures, fixed machinery or equipment for purposes of increasing production capacity. (p) "FACILITY" means property improvements proposed, completed, or in the process of construction which together comprise an integral whole. 3 449 - (q) "MANUFACTURING FACILITY" means building and structures, including fIxed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (r) "MA TERrAL MISREPRESENT.'. nON" means a false statement about a matenal matter which induced the Commissioners' Court to take any specific action on an applicallon for tax abatement, and without such misrepresentation. the Commissioners' Court would either nOl have designated a reinvestmenI zone, or granted tax abatement. or would have taken some action different than it actually did. (s) "MODERt'iIZA TION" means the replacement or upgrading of existing facilities which increases the productivity input or output, updates the technology, or substantially lowers the unit cost of the operation. Modernization may result from the construction. alteration. or installation of buildings, structures. fixed machinerj or equipment. It shall not be for the purpose of reconditioning, refurbishing or repairing. - (t) "NEW FACILITY" means a propeny previously undeveloped which is placed into service by means other than or in conjunction with expansIOn or modernization. (u) "OTHER BASIC INDUSTRY" means buildings and structures including fixed machinery and equipment not elsewhere described, used, or to be used for the production or products. and result in the creation of new permanent jobs within Calhoun County and inject new wealth into Calhoun County. (v) "PROJECT" is a reference to the entire proposal of work and improvements to be accomplished in the reinvestment zone as described in the application and tax abatement agreement. (w) "REGIONAL DISTRIBUTION CENTER FACILITY" means building and e structures, including machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator. 4 '" 450 10- e e e (x) "REGIONAL ENTERTAINMENT" means buildings and structures, including tixed machinery and equipment, used or to be used to provide entertainment through the admission or the general public. (y) "REGIONAL SERVICE F..\CILITY" means buildings and structures, including tlxed machinery and equipment, used or to be used to service goods. (z) "REINVESTMENT ZONE.COUNTY DESIGNATED" means any area of Calhoun County which has been designated a reinvestment zone for tax abatement purposes and which is not within the taxing jurisdiction of any incorporated municipality. It is the province of the Calhoun County Commissioners' Court to designate Reinvestment Zones - County Designated on a case.by.case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within Calhoun County. (aa) "REINVESTIVIENT ZONE. MUNICIPALITY DESIGNATED" means an area of Calhoun County which lies within the taxing jurisdiction of a municipality and has been designated a reinvestment zone by that municipality for tax abatement purposes. It is the province of the City Council of any eligible municipality to designate Reinvestment Zones Municipality Designated on a case.by.case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the City. (bb) "RENOV AnON" is a repair or improvement of an existing facility or structure. (cc) "REPAIR" means any improvement or betterment of an existing facility or structure. (dd) "REPLA CEMENT" means the substitution of something new or different for an existing faciliry or structure, or portion thereof, when the replacement facility or structure is to be used for the same general purpose as the old facility or structure that is being replaced. (ee) "RESEARCH FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used primarily for research or experimentation to improve or develop or develop the production processes thereto. 5 451 e (ff) "SCHOOL DISTRICT" or "DISTRICT", unless otherwise indicated, means the Calhoun County Independent School District. (gg) "SUBSTANTIAL COMPLIANCE" means that any estimate or predicttOn that comes within eighty. five percent of a stated amount shall be construed as compliance. bUI only when estimates are expressly authorized. Unless eXDressly authorized, strict compliance with a statement or representation shall be required. (hh) "T AXPA YER" means the legal entity that seeks. or who has been approved for tax abatement. It also is a reference to the owner of the property constituting the remvestmetll zone and the improvements and tangible personal property to be located therein. Section 2 ELIGIBILITY CRITERIA e (a) General Eligibilitv Subject to the limitations and exceptions contained in these Guidelines and Criteria, TEX. TAX CODE Al'-iN 9312.204 shall govern to what extent real property and tangible personal property located in a reinvestment zone are eligible for tax abatement. (b) Eligible Facilities, A facility may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (I) Manufacturing Facility; or (2) Research Facility; or (3) Aquaculture Facility; or (4) Regional Distribution Center Facility; or (5) Regional Service Facility; or (6) Regional Entertainment Facility; or (7) Other Basic Industry. e (c) Commencement of Construc1ion. If the reinvestment zone is designated by a municipality, the applicant shall not commence construction until after it and the designated authority have both executed a tax abatement agreement on similar terms for the same project then under consideration by the County. Any property otherwise eligible for abatement that is 6 "'l 452 l;..- e e e placed or consIructed in the reinvestment zone before the tax abatement agreement is executed with the designating authority shall not be eligible for tax abatement. However, any eligible improvements made or propeny placed in the reinvestment ZOne after executing the tax abatement agreement with the designating authority shall be eligible for abatement with the County, even though such improvements or propeny are placed in the reinvestment zone prior to filing the application or executing the agreement with the County, provided that a municipality is the designating authority. If the reinvestment zone is County designated, applicant shall nOt commence construction until the County executes the tax abatement agreement. (d) Property Value Eligible for ,\batement Subject to the limitations and other eligibility requirements contained in these guidelines, the County may abate the value of tangible personal property located on the real property in the reinvestment zone in each year covered by the agreement, other than tangible personal property that was located on the real propeny at any time before the period covered by the agreement. The value of real property to the extent its value for each year during the agreement exceeds its value for the year in which the agreement was executed is eligible for abatement. (e) New and Existinl! Facilities Tax Abatement may be granted for both eligible new facilities and structures, as well as for expansion or modernization of existing facilities and structures. (f) Elil!ible Property to be Described The application for tax abatement and tax abatement agreement must describe the project and improvements with such detail and certainty as required by the County in order to identify the property that is declared to be eligible for tax abatement. Any property, even though otherwise eligible for abatement, that is not sufficiently described in the application, as determined by the Commissioners' Coun, or their designee, shall not be eligible for abatement under such agreement. (g) lnelil!ible Properly The following types of property shall be fully taxable and ineligible for abatement: (1) Land (except to the extent of any increases to the land value, as a result of the eligible improvements, and only to the extent that the increased value exceeds the appraised value of the land immediaIely preceding the tax abatement 7 453 e agreement); or (2) InvenIories and Supplies; or (3) Furnishings and other forms of movable personal property; or (4 ) Vehicles; or (5) Vessels; or (6) Aircraft; or (7) Deferred Maintenance Investments: or (8) Property 10 be rented or leased except as provided In Section 2 (h); or (9) Improvements for the generation and transmission of electrical energy the majority of which IS not consumed by a new facility or expansion; or (10) Any improvements. including those to produce. Store or distribute natural gas, fluids Or gases, which are not integral to the operation of the facility; or (11) Any facility that may otherwise be eligIble for tax aba[ementwhich has an economic life of less [han 21 years, or three times the abatement term, whichever is greater, shall not be eligible for tax abatement: (the fact that the facility has components that will last less than the required economic life will not defeat eligibility provided that the overall facility for which abatement is sought meets with minimum economic life requirements); or (12) Property owned or used by the State of Texas or its political subdivisions: Or (13) Property owned by any organization which IS owned. operated or directed by a political subdivision of the State of Texas. e (h) Owned or Leased Facilities. Any tax abatement agreement must be executed by the owner of the land, the eligible improvements and tangible personal property. [f any portion or all of the land and eligible property for abatement is leased, both the lessor and lessee must execute the tax abatement agreement (i) Economic Qualifications In addition to satisfying the other eligibility criteria, in order to be eligible for tax abatement, the new facility or structure, or the expanded or modernized existing facility or structure must meet the following qualifications: (I) The project must cost at least 35 million dollars; and (2) Be expected to retain or create employment for at least 25 persons of the eligible facility on a full time and permanent basis in Calhoun County; and e 3 '. 454 1>0- e e e (3) Not be expected to solely or primarily have the effect of transferring employment from one part of Calhoun County to another; and (4) Be expected to attract major investment in the reinvestment Zone that would be a benefit to the propertv to be included in the zone; and (5) That development anticipated to occur in the proposed reinvestment zone would contribute to the economic development of the COUnty. (j) Exc1 us ions. (I) This policy is mutually exclusive of existing Industrial District Contracts. The real property cannot be in an improvement project financed by tax increment bonds. (2) Any tax abatement agreement granted is subject to the rights of holders of outstanding bonds of the County. (3) When any project that otherwise satisfies the eligibility criteria for tax abatement is for the purpose of repairing, replacing, modernizing, or upgrading an existing facility, if, prior the commencement of the project, or upon completion of the project the value of the existing facility is reduced or deleted from the tax rolls, then, in such event, the applicant shall only be eligible for tax abatement to the extent of the difference in Ihe last appraised value of the property value that is being dropped or reduced from the tax rolls and the project cost. Section 3 TERN! AND PERCENT OF ABATEMENT (a) Term of Abatement. The tem of abatement granted by the County shall be seven years, and shall be applied commencing January I following the effective date of the agreement. (b) Effective Date, (1) If the County is the designating authority, the effective date of the tax abatement agreement shall be the date that the County executes the tax abatement agreement. 9 455 e (2) If a municipality is the designating authority, the effective date of any tax abatement agreement that the County approves shall be same date as that of the tax abatement agreement entered into for the same project by the designating authority. (3) Abatement applies to all eligible improvements placed in the reinvestment zone after the designating authority and Taxpayer execute their tax abatement agreement. Taxes will be abated on eligible property for seven consecutive tax years, commencing Januarv I immediately following the effective date of the agreement. Property otherwise eligible for tax abatement under the agreement shall be eligible for tax abatement only if the property is placed or constructed In the reinvestment zone after the effective date of the agreement. but on or before December 31 immediatelv preceding the beginning of the last full tax year that taxes are to be abaIed. e (c) Percent of Abatement. The percent of abatement of eligible property value to be granted each year shall be as follows: I Year I I I ? 1- i3 14 15 6 7 Basic Abatement 100% 100% 60~/O 55% 50% 25% 5% (d) Limitations. If, during the term of the abatement period the taxpayer should close, cease e production, or demolish any or all of a facility that was in existence on the effective date of the tax abatement agreement, or take any other similar action that would have the effect of reducing 10 ... 456 ~ ~ e or deleting the value of the facility, or portion thereof from the tax rolls that was in existence on the effective date of the tax abatement agreement regardless of the reason, then the eligible value for abatement allowed in the tax abatement agreement shall be reduced by the amount of existing property value owned by the taxpayer that is reduced or deleted from the tax roll. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of thIS limitation. (e) Taxability, From the execution of the abatement agreement to the end of the a2reement period taxes shall be payable as follows: (I) the value of ineligible property as provided in Section 2(g) shall be fully taxable. (2) the base year value of existing eligible property as determined each year shall be fully taxab Ie; and (3) the unabated value of eligible property shall be taxable e Section 4 APPLICATION (a) FiIin~, Any property owner of taxable property in Calhoun County located in a designated or proposed reinvestment zone may request tax abatement by filing a written application with the Commissioners' Court, or their designee; When appropriate, the application may combine a request for designation of a reinvestment zone with an application for tax abatement. (b) Contents. The application shaH include all information contemplated by these Guidelines and Criteria in order for the Commissioners' Court to evaluate the applicant's eligibility and to determine whether to grant tax abatement. The application shall be submitted on a form provided by the County, or alternatively, if unavailable, the contents of the application e II 457 e shall be in order of this subsection and respond to each element of this subsection, and shall contain such other information as required by the County, or it representative. Specifically, the application shall include the following: (I) A list of the kind, number and location of all proposed improvements of the property, including a general written description of the genera! nature and extem of modernization, expansion or new improvements to be undenaken. (2) A statement of the current and proposed uses of the properlY showing that planned usage is consistent wiih the general purpose of encouraging development or redevlopment of the reinvestment zone during the period that the propeny tax exemptions are in effect. (3) A map showing locations of existing and proposed improvements. The map should also show general uses and conditions of the real property in the reinvestment zone. e (4) A legal description of the propeny (5) ,"vl estimate of the project cost and new value that will result from Ihe modernization, expansion or new improvements to be undenaken. A statement of the base year value, separately stated for land and existing improvements located in the reinvestment zone, plus any improvements or changes in value in the reinvestment zone after the last appraisal and prior to the application. In any case where the value of an existing facility will be deleted or diminished as a result of the project, the application must contain a verification from the Chief Appraiser of the last appraised value of any ponion or all of a facility whose value will be reduced or removed from the tax rolls. (6) An estimate of the number of jobs that will be created or retained by the e modernization, expansion or new improvements. 12 "ll 4,58 ------.J p... (7) Estimated date of start of construction, length of construction, estimated value of new improvements to be completed during each year of construction and estimated date of completion. e (8) An estimate of what the property value subject to abatement will be on January I immediately following the end of the abatement period. (9) In the case of applicants unknown to the Commissioners' Court, a financial statement of the individual or corporation filing the application, complete with letters of credit and other documents which the County may request in order that the Commissioners' Coun can appropriately evaluate the tinancial capacity and other factors of the applicant. e (10) The Taxpayer shall make the following assurances in the application: (a) That all the information contained in the application is true and cOITect. (b) That the person signing the application on behalf of the Taxpayer/Applicant has unrestricted authoril)' to execute the application and the contract documents on behalf of the Taxpayer/ Applicant, and has the unrestricted authoril)' to obligate the Taxpayer/Applicant to all the terms, covenants and conditions that will be contained in the tax abatement agreement. (c) That construction will not commence on any of the eligible improvements until a tax abatement agreement has been executed with the designating authority, whether the designating authority is the County, or a municipality. (d) That the project will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that the Taxpayer will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. (e) That the Taxpayer/applicant will abide by all conditions of the tax abatement agreement and the Guidelines and Criteria adopted by the Commissioners' Court applicable to the agreement. (I) That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. e 13 459 e (g) That the applicant will make the specific improvements to the property as described in its application. (h) Tnat although estimates of the cost of the project and the number of jobs retained or created as a result of the project that are Within 85 % of actual cast and/or number of jobs may be construed to be substantial compliance, the actual total cost of the project and actual number of jobs retained or created shall not be less than the minimum amounts required in the County's Guidelines required to qualify for tax abatement, (11) The applicant will identify the type of legal entity making the application, 5uch as corporation, partnership, etc. [f a corporation, the statement should include the home state of incorporation, the name and address of the registered agent for service in Texas, and a commitment to notify the County within sixty days of any change of the registered agent or status of the corporation. Similar information will be reqUired of a general or limited Partnership or other legal entity. e (12) The application shall contain the name, title and address of the Taxpayer's local and corporate representatives for the purposes of giving notice. (13) In its application, the applicant shall include a statement that it waives all rights of confidentiality with regard to the contents of its application for tax abatement otherwise granted under TEX. TAX CODE ANN. 9312 .003. (14) The applicant shall agree to reimburse the County for all legal fees and any other expenses that the County incurs in establishing eligibility for granting tax abatement and for reviewing, processing and acting on its application. Further, applicant shall agree to pay for the costs of a feasibility study, if the County requires one in connection with its application for tax abatement. In the event the County determines a feasibility study is required, the Taxpayer shall be given notice and the opportunity to withdraw its application prior to commencement of the feasibility study, if applicant is unwilling to pay the total cost of the feasibility study. In its application, the Taxpayer shall agree to pay for all fees and expenses incurred by the County in establishing eligibility to grant tax abatement and processing the applicaIion, even though the Commissioners' Court ultimately denies the application. e 14 ""I 160 e e e (15) Any other information that the Commissioners' Court or Applicant may deem appropriate to assist the Commissioners' Court in determining whether to enter into a tax abatement agreement with the Applicant. (16) If a variance from any provision in these Guidelines and Criteria is requested, a statement describing the variance, and a detailed statement supporting the Applicant's reasons for the requested variance must be included. (c) Completed Application, upon receipt of a completed application, the Commissioners' Court shall mail written notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the application. Such notice shail be mailed at least seven (7) days before the Commissioners' COUrT takes any action on the application, The notice shall include a copy of the proposed tax abatement agreement, if the County is the designating authority. (d) Feasibility Study, After receipt of an application for tax abatement. the Commissioners' Court may cause to have prepared a feasibility study setting forth the impact of the proposed tax abatement agreement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes, The County shall give at least ten (10) days written notice to the Applicant of its intent to conduct a feasibility study, which notice shall include a description of the scope of the study. If the Applicant is unwilling to pay for the feasibility study, it may give notice to the County within seven (7) calendar days from the date it received notice of the proposed feasibility study that the Applicant is withdrawing its application. The feasibility study may include any other issue that the Commissioners' Court deIermines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, shOrT term/long term effect on issues of adequacy of existing physical plants, need to increase number of employees in the County, and the impact on the County of any resulting increased costs as a result of the project and the County's ability to pay such costs during the abatement period, 15 461 e Section 5 DESIGNA TlON OF REINVESTMENT ZONE (a) Authoritv to Desi!!nate Reinvestment Zones. Reinvestment zones may be designated by either the Commissioners' Court for property !ocaIed outside the jurisdiction of any municipality in the County, or by a municipality, if the property is located within the jurisdiction of such municipaliIy. (b) Application for County Desi!!nated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for tax abatement. The application must include information to support the required Endings in subsection (c) (2) through (6), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any information contained in the application for tax abatement thaI answers the requirements for designation of a reinvestment zone does nO( need to be duplicated, if the application for designation of a reinvestment zone and tax abatement are combined in one application. e (c) Desi!!nation. The Commissioners' Court may not designate an area as a reinvestment zone until; (1) The Commissioners' Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners' Court must make the following findings in order to designate an area as a reinvestment zone: (a) That the improvements sought are feasible and practical; and (b) The designation would be a benefit to the land to be included in the zone, and to the County after the expiration of the tax abatement agreement; and (c) To be designated as a reinvestment zone, pursuant to Tex. Tax Code Ann. 9312.202, the Commissioners' Court must find one or more of the following: (1) That the area is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the County; or e l6 ... 46~ e e e . " (2) The area will be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the County; (d) The Commissioners' Court will not designate a reinvestment zone for any other grounds authorized under Tex. Tax Code Ann. ~312.202. (d) Notice of Hearing. Notice of the hearing shall be clearly identified on the Commlssioners' Court agenda. In addition, notice shall issue a.s follows: (1) Notice of the hearing must be published in a newspaper of general circulation in the County not later than the 7th day before the date of the hearing; and (2) Written notice or the hearing shall be delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the proposed reinvestment zone. Such notice shall be delivered at least 7 days before the hearing. Pursuant to Tex Tax Code Ann. /l312.201(e) this notice shall be presumed delivered when placed in the mail postage paid and properly addressed (0 the appropriate presiding officer. (e) Municipality Desi2nated Reinvestment Zones. If the reinvestment zone is designated by a municipality, to be eligible for tax abatement with the County, the property must be located in a reinvestment zone and the designating authority must have entered into a tax abatement agreement for the same project with the applicant no more than ninety days before the County enters into a tax abatement agreement with the same applicant for the same project. (I) Date of Expiration, The designation of a reinvestment zone shall expire five (5) years after the date of designation. (1) The designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. (2) The expiration of the designation of a reinvestment zone shall not affect existing tax abatement agreements made under these Guidelines and Criteria, 17 463 e Section 6 T A.X A.BA TEMENT AGREEMENTS (a) Public Henrin!!. Prior to entering into a tax abatement agreement the Commissioners' Court may, at its option, hold a public hearing at which interested parties shall be entitled to speak and present written materials for or against the approval of a tax abatement agreement. (b) Required Findin!!s bv Commissioners' Court, In order to enter into a t[LX abatement agreement, the Commissioners' Court must find: 4t (1) that the terms of the proposed agreement and the property subject to the agreement meet these Guidelines and Criteria, or expressly waive any requirement in the Guidelines and Criteria that is inconSIstent with any provision of the proposed t[LX abatement agreement; and (2) there will be no substantial adverse affect on the provision of Calhoun County's services or tax base. (c) Resolution of Commissioners' Court. After approval, the Commissioners' Court shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required, which shall include, but not necessarily be limited to the following provisions and conditions (I) That the owner of the property shall make specific improvements or repairs to the property as described in the app lication. 4t (2) List the kind, number and location of all proposed improvements of the property. 18 "''I 464 e (3) Permit access to and authorize inspection of the properlY by Calhoun County officials, employees and/or their designees to insure that the improvements or repairs are made according to the specifications and conditions of the agreement, and/or that the Taxpayer is complying with the agreement. (4) Limit the uses of the properlY consistent with the general purpose of encouraging development or redevelopment of the Reinvestment Zone during the period that the propeny lax exemptions are in etrect. (5) Provide for recapturing properlY tax revenue lost as a result of the agreement if the owner of the propeny fails [Q make the improvements or repairs as provided by the agreement, or in the event of other specified defaults, after notice and failure to cure (6) A map showing existing improvements and uses of the real properlY in the reinvestment zone. e (7) A map showing proposed improvements and uses in the reinvestment lone. The applicant may USe one map for requirements (6) and (7). (8) Estimated cost of the project and number of permanent jobs retained or created as a result of the project. (9) Estimated value to be abated for each year of the abatement period, and the base year value, plus any improvements added prior to the effective date of the agreement with the designating authority. If the value of an existing facility will be deleted or diminished as a result of the project, the eligible value of the project to be abated will be limited to the difference between the cost of the project and the appraised value of the existing facility that is to be deleted or reduced as a result of the project. e 19 465 e (23) An estimate of what the value of the eligible property that is being abated will be, effective January 1 following the end of the term of abatement. (24) A covenant that the agreement shall survive the conclusion of the abatement period and for so long thereafrer until all promises, assurances, covenants and conditions have been fulfilled by the Taxpayer. (25) Any other provisions that the Commissioners' Court, or liS deSignee, determines necessary in order to carry out the intent and purposes of these Guidelines and Criteria, or to address any special problems or needs arising out of the uniqueness of the project, the application, or the Taxpayer e (d) Notice to Other Taxin2' Jurisdictions, If the County is the designating authoriry, it shall deliver written notice to the presiding officer of the governing body of each other taxing unit in which the property that is the subject of the agreement is located thar the County intends to enter into a tax abatement agreement The notice must be delivered at least 7 days before the County enters into the tax abatement agreement. The notice must also include a copy of the proposed agyeement. The notice shall be presumed to be delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. (e) ExecutionlEffective Date, After giving the notices required above, and after making the necessary findings, the County may, in its discretion, approve and execute the tax abatement agyeemenL The effective date of the agyeement shall be the date that the County's designated representative or official executes the agyeement if the County is the designating authority. If a municipality is the designating authority, the effective date of the agreement shan be the date that the City's designated representative or official 'executes the agreement. e 22 .;"'!I 466 p.. . . Section 7 RECAPTURE e (a) Conditions of Default. Cure and Termination. Should the Commissioners' COUrt determine that Ihe Taxpayer is in default according to the terms and conditions of Its agreement, the Commissioners' Court shall notify the Taxpayer in writing at the address stated in the agreement, and if such default is not cured within sixty (60) days from the date of such notice ("Cure Period"), then the agreement may be terminated by the Commissioners' Court. Provided, that upon proof of curative effort being commenced within sixty (60) days, if construction Is required, the Commissioners' COUrt may extend the time to complete the curative work, based upon reasonable construction requirements. (b) Elements of Default, The following shall be considered elements of default, In the event that the Taxpayer: (1) Allows its ad valorem taxes owed to Calhoun County to become delinquent without timely and proper pro lest and/or contest; or e (2) Violates any of the terms and conditions of the abatement agreement, or any prior or subsequent tax abatement agreement with the County, or any other taxing jurisdiction that has granred a tax abatement agreement to the Taxpayer for any project that the Commissioners' Court has also granted tax abatement; or (3) Discontinues producing product or service at the improvements subject to abatement and described in the application, for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period after the facility is completed and begins producing product or service. (4) Violates any written term, covenant, condition, agreement, or promise of a gift or donation made by the taxpayer to the County, although such may be e 70 -" 467 e abatement shall furnish the Chief Appraiser with such information as may be necessary for the abatement, including the percent of Calhoun County residents who are employed within the facility granted the tax abatement under the agreement. Once value has been established. the Chief Appraiser shall notify the atfe~ted taxing Jurisdictions, which have granted tax abatemem in the reinvestment zone, of the amount of the appraisal. (b) Compliance Inspections. All compliance inspections will be made only after gIving twenty-four (24) hours notice and will onlv be conducted in such manner as not to unseasonably interfere wiIh the construction and/or operation of the faciiity. AJl inspections Will be made with one or more representatives of the company or indiVIdual and in accordance with its safety standards. (e) Annual Evaluations Upon completion of construction, the Commissioners' Court of Calhoun County, or their designees, shall annually evaluate each facility receiving abatemem to ensure compliance with the agreement. e (d) Notice Requirements, Any notice required to be given to Calhoun County hereunder shall be in writing, and mailed or personally delivered to the County Judge. Notices to the Taxpayer shall be in writing, and addressed to its designated representative at the address provided in its application or the tax abatement agreement. (j) Registration of Tax Abatement Agreements, On or before April 151 of the year following the execution of a tax abatement agreement, the County shall file a report of each agreement with the Texas Department of Commerce and the Comptroller of Public Accounts, Property Tax Division. The report shall include the following: (I) a general description of the reinvestment zone including size, types of property located in it, and lts duration; and e 25 ."" 468 " e e e (2) the names of the parties to the agTeement, general description of the property and the improvements and repairs to be made under the agreement, the portion of the property to be exempted and duration of the agreement. Section 9 MISCELLANEOUS (a) Variance. An application for a variance from the provisions of these Guidelines and Criteria may be made in written form to the Commissioners' Court. The total duration of an abatement shall in no instance exceed ten (to) consecutive tax years commencing January I following the effective date of the tax abatement agreement, including any extension. Such request shall include a complete description of the circumstances explaining why the applicant should be granted such variance. Approval of a request for variance requires at least a three.founhs (3/4) vote of the Commissioners' Co un. (b) Assie:nments, An abatement agreement may be transferred and assigned by me holder to a new owner or lessee of the same facility, subject to obtaining written approval by resolution of the Commissioners' Court. Approval shall be conditioned upon the assignee providing whatever proof the Commissioners' Court may require to show the assignee's financial capability to carry out all the terms and conditions of the tax abatement agreement. The County reserves the right to require such additional information as it may deem appropriate to determine not only the assignee's fmancial capability to carry out the terms and conditions of the tax abatement agreement, but also its experience and historical record to determine that it is in fact capable of operating me project subject to the abatement in such a manner that it can reasonably be expected to strictly comply with every term, covenant, condition and assurance contained in the tax abatement agreement Funher, the assignee shall agTee in writing by amendment to the original tax abatement agreement that it shall be bound by all the terms, covenants and conditions contained in the original agreement. No assignment or transfer shall be approved if the parties to the existing tax abatement agreement, the new owner or new lessee are liable to Calhoun County or any other taxing unit affected by me tax abatement agreement for delinquent taxes, or omerwise in default of any of the terms, covenants or conditions contained in the tax 26 469 e abatement agreement. Subject to the foregoing conditions, the Commissioners' Court shall not unreasonably withhold approval of anv proposed assigtllllent. Any aoproval of assignment of the tax abatement agreement shall not releClSe any previous Taxpaver who has been a pany to the tax abatement agreement trom its obligations under the agreement. (c) Application for Exemption, It shall be the responsibility of the Taxpayer [Q perfecI any right of exemption as a result ofanv tax abatement agreements entered into with the County. For each year in which abatement has been authorized by the County under the agreement, it shall be the responsibility of the Taxpayer to file its annual application with the Calhoun Countv Appraisal District for property ta, abatement exemption in accordance with the TEX.PROP TAX CODE and related administrative regulations. (d) Effective Date. These Guidelines and Criteria shall be effective for two (2) years, from June 13,2000 through June 12,2002, inclusive, e (e) Sunset Provision. At the end of the two year effective period of these Guidelines and Criteria, all tax abatement contracts created pursuant to these provisions will be reviewed by the Calhoun County Commissioners' Court to determine whether the goals have been achieved. Based upon that review, the Guidelines and Criteria may be modified, renewed or eliminated. In the event that these Guidelines and Criteria are not modified or renewed, they shall automaticaily terminate effective June 12,2002. (I) Effect of Modification or Termination, The modification or termmation of these Guidelines and Criteria shall have no effect upon existing tax abatement agreements entered into while these Guidelines and Criteria are in effect (g) Subtitles. The use of subIitles in these Guidelines and Criteria is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural and the use of plural shall include the singular when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. e 27 .. 470 ~ e (h) Severabilitv. In the event any paragraph. clause, phrase or other provision of these Guidelines and Criteria should be declared to be unconstitutional, void or otherwise unenforceable the remaining provisions shall remain in full force and etTecI as if the unconstitutional, void or otherwise unenforceable provisions had not been included. Section 10 .-\DOPTION Upon motion by Commissioner H. Floyd, Precinct 3, seconded by Cummlssioner Michael Balajka, Precinct 2, the foregoing resolution to amend these Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatemem in Reinvestmem Zones Created in Calhoun County was approved by a vote of 4 for and 0 against. with Commissioner Roger Galvan, Precinct 1. absem from Court. PASSED, ADOPTED AND APPROVED on this 31st day of January, 200 I. e COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS a~~.~ Arlene I . Marshall, County Judge ATTEST: . t2 J1 tn () h J iJM..iL '-.J 0i..VL Marlene. Paul, County Cler~ ..1'_" -+^ G' I h '~ rzJ~ '--~~l; i ~U-G e 23 471 CALHOUN COUNTY LIBRARY - LOAN STAR LIBRARIES GRANT ~ Mo~io~ was made by Commissioner Balajka and seconded by omm~ssloner Galvan to approve the Texas Stat L'b & Archlves Commission _ Loan Star L'b' e 1 rary authorize the County Judge to signl ra~~~iGSr~nt andG 1 Balajka Floyd F' t d . sloners a van favor. ' ,lns er an Judge MarShall all voted in ' e TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type C - Under $20,000 Grant # 442-03382 L CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) e Grantee: Calhoun County, Calhoun County Public Library 200 W Mahan St Port Lavaca, Texas 77979 II, TERM OF GRANT September 1, 2002 to August 31, 2003 III, GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 ofthe Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code S 441.0091 et. seq., the Library System Act; Texas Government Code S 441.006, General Powers and Duties; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS e A. The total amount of the grant shall not exceed: $4,380 B. Source of funds: General Revenue State Fiscal Year 2003 TSLAC's accounting codes: Index Code Object Code 34421 7612 472 Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page I of8 e e e C. Payment for this grant award will be funded in full upon delivery of a legally executed contract to Grantor. Grantee should receive payment within 10 days after TSLAC receives the contract. D. Budget: Supplies $4,380 Total Direct Costs $4,380 Indirect Costs Total $4,380 V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES A. The Grantor must give written prior approval for any of the following fiscal changes: I. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent ofthe total grant. 2. Transferring any funds into a budget cost category that equals zero ($0). Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Farm and shall be requested when nearing the 10% limit or the end of the grant term. This provision does n01 allow the grant to be exceeded. All prior approvals must be requested by August 1,2003. Approvals received after this date will be considered on a case-by-case basis, B. The Grantor must give written prior approval for any of the following programmatic changes to the application (Loan Star Libraries Grants for State Fiscal Year 2003). I. Changing key persons specified,in the grant; however, none ofthe personnel are considered key personnel for the purpose of this section. 2. Obtaining the services of a third party to perform activities that are central to the purposes of the grant. 3. Changing the scope or objectives (regardless of whether there is an associated budget revision). A change in scope is a substantive difference in the approach or method used to reach program objectives. Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision Form. All prior approvals must be received by AuguS11, 2003. Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page 2 of8 473 e C. The Grantor hereby gives prior approval for the items specified under the cost categories outlined below. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Program Revision form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Program Revision. All Program Revision forms must be received by Grantor on or before August 1,2003. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required bv the grant) None 3. Rearrangements and Alterations of Facilities None 4. EquipmentJProperty None e Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section ill, Subpart C.32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. Each piece of equipment/property is an article of non expendable, tangible personal property having a useful life of more than one year and an acquisition cost that exceeds the capitalization amount established by Grantee's governing entity. Equipment/property includes furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the capital expenditure, which means thewst of the equipment/property including the cost to put it in place. Capital expenditure for equipment/property means the net invoice price of the equipment/property, including the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make.it usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI, STATEMENT OF SERVICES TO BE PERFORMED The Grantee will comply during the period of this contract and provide services outlined within the grant application (Loan Star Libraries Grants Plan of Action for SFY 2003) as approved by the Grantor. e Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page 3 of8 474 e e e VII. TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2003. Note that per 2.165(c) of the Rules, assurances relating to non-resident fees or TexShare Library Card Program are in effect for entire term of grant contract. B. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular local community access to and services from the many participating public libraries. C. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that Grantee must continue to meet system membership requirements to be eligible for future grants, per Texas Government Code 441.138(c). D. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.governor.state.lx.us/stategrants/UGMSO 1 2 00 1. doc. 1. Cost Principles for state and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with the reporting package (or written notification, as applicable). The audit's Schedule of Expenditures of Federal and State A wards will list the amount of awards expended for each award year separately. F. The Grantee may not obliga1e grant funds after August 31, 2003. By October 31, 2003, all obligations must be liquidated. Any interest accrued above $100 must be returned to Grantor, perrequirements in UGMS. All unexpended funds must be returned to the Grantor, G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in box 12 of the Financial Status Report. H. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes but is not limited to press releases, media events, public events, displays in the library, announcements on the library's website, and materials distributed through the grant project. Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page4of8 475 e 1. The Grantee certifies by this contract 1hat it will comply with the Assurances - Non- Construction Programs COMB Standard Form 124B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. J. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub agreements. K. The Grantee agrees to provide the Grantor with one (I) set of any public relations materials produced under this grant. L. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that exceed governing entity's capitalization level. The Grantee will reconcile the equipment/property records with a physical inventory of the equipment/property every two years. The UGMS Subpart C, Sec. 32, Cd) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCRJTV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. e Subject to the obligations and conditions set forth in the UGMS Section ill, Subpart C, Sec. 32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). M. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2003 for all equipment/property purchased during that grant year. N. The State Legislature has charged the Grantor with submitting performance measurement reports that specifY the level of services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit the Loan Star Libraries Performance Report for Loan Star Libraries Grants according to the following schedule: Reportinl! Period September I, 2002 - February 28,2003 March I, 2003 . August 3 I, 2003 Due Date March 5, 2003 September 5, 2003 e If library materials ordered with grant funds are received after the end of the grant year, a final Loan Star Libraries Report may also be required covering receipt of those materials. This final Report will be due on or before November 15,2003. Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page 5 of8 476 e e e Note: Per Rule 2.165 (e), future funds will not be awarded to a library until all requireme1Zts for all preceding contracts have been fulfilled. o. The Grantee agrees to submit the Financial Status Report for this contract according 10 the following schedule: Reportinl! Period September 1, 2002 - February 28, 2003 March 1,2003 - August 31, 2003 Due Date March 28, 2003 September 26, 2003 If necessary, a final Financial Status Report is due on.or before November 15, 2003. P. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other grantee records according to Section II, Subpart C.42, ofUGMS. In general, Grantees must maintain records for a minimum of three years from the date the Grantee submits to Grantor the last single audit or audit report for the grant period. VIII. ENFORCEMENT A. Remedies for noncompliance. If a grantee or sub grantee materially fails to comply with any term of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or more severe enforcement action by the awarding agency, (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance, (3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program, (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or sub grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or sub grantee is entitled under any statute or regulation applicable to the action involved. Fiscal Year 2003 CalhoWl County Loan Star Libraries Grant Page 6 of8 477 e C. Effects of suspension and termination. Costs of grantee or sub grantee resulting from obligations incurred by the grantee or subgrantee during a suspension or after termination of an award are not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or subgrantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: (I) The costs result from obligations which were properly incurred by the grantee or sub grantee before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancelable, and, (2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debannent and Suspension. The enforcement remedies identified in this section, including suspension and termination, 'do not preclude grantee or subgrantee from being subject to "Debannent and Suspension" under E.O. 12549 (see Section _.35) and state law. IX. CONTACTS AT TSLAC e Questions or concerns about programmatic issues and Program Revision Requests should be directed to this grant's Project Manager: Margaret Whitehead Manager, Loan Star Libraries Program Phone: 512-463-5475 Fax: 512-463-8800 E-mail: margaret.whiteheadla1tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager of Accounting and Grants Department Phone: 512-463-6626 Fax reports to: Grants Accoun1ant Phone: 512-463-5472 Fax: 512-475-0185 E-mail: akralla1tsl.state.tx.us Payments to the Grantor, such as those for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 e Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page 7 of8 478 e e e X, APPLICABLE AND GOVERNING LAW A. This grant shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI, SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission Calhoun County, Calhoun County Public Library ~)~71~A// Signature (Mus be an offiCial empowered to enter into contracts) Arlene N. Marshall Typewritten or Printed Name Edward Seidenberg, Assistant State Librarian Date County Judge Title Donna Osborne, Chief Fiscal Officer November 27, 2002 Date Date Fiscal Year 2003 Calhoun County Loan Star Libraries Grant Page 8 ofS FIRE SERVICBS WITH CITY OF PORT LAVACA - INTBRI.oCAL AID AGREBMBNT County Auditor Ben Comiskey discussed there bein$ no contract for interlocal aid a$reement with the Clty of Port Lavaca. He would also llke to see all County contracts reviewed by an attorney, No action was taken by the Court, 479 CRIME VICTIM.<: ASSISTANCE CHILD~ ~:;;PORTATION FUND _ REOURST FOR REIMBURSEMKN'I' BY T~ _EZ County AUditor Ben Comiskey discussed the request of Tammy Hernandez for reimbursement for milage for years 2000, 2001 and 2002 from the Crime Victims Assistance Chi1dcare and Transportation Fund, He stated the records received from her are not adequate to support the figures shown and the purchase order is not in order and is not signed. No action was taken by the Court. e THE FACILITY GROUP INVOICE FOR THE COURTHOUSE STUDY _ SINGLE SOURCR A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to declare The Facility Group invoice for the Courthouse Study as a single source and authorize the payment of same in the amounts of $67,880 and $3,425.64. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. The Court also discussed having no contract with The Facility Group. CAPITAl. PROJECT-NEW JAIL - r.oAN ~OM GRNRRAT. FUND AND RECLA8SIFICATION OF PRIOR TRANSF.J The Motion by Commisioner Finster and second by Commissioner Balajka concerning the loan transfer for the Capital Project-New Jail were withdrawn and action proceeded to Agenda Item 20. CAPITAL PROJECT-NEW JAIL - A~ORIZE ~~ ~OM ~ENERAr. FUND FOR ARCHITECTORAr. SERVI__ AND _R --R..EN ES A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to authorize a loan of $500,000 from the General Fund to Capital Project-New Jail for architectural services and other expenses. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e TEXAS ADOPT A BEACH PROJECT - DONATION FROM B. P. OF AMERICA A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the donation of $500 from B.P. of America for the Texas Adopt-A-Beach project. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. SHERIFF'S DEPARTMKN"r - DONATION FROM CALHOUN COTINTY INDPENDRNT SMl'OOL DISTRICT A Motion was made by Commissioner Galvan and seconded by Commissioner Balajka to accept the donation of a 35 passenger bus from Calhoun County Independent School District to be included in the Sheriff's Department inventory. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor, DISTRICT CLERK - EXTRNF:ION SERVICE - JP #2 - JP #5 _ MONTHLY REPORTS The District Clerk, Extension Serivce, JP #2 and JP #5 presented their monthly reports for October, 2002 and after reading and verifying same, a Motion was made by Commissioner Finster and seconded by Commissioner Balajka that said reports be accepted as presented, Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. e BUDGIIT AD..mSTMKN"rS - VARIOUS DEPARTMENTS - LIBRARY _ JAIL/SHERIFF - EMRRGENCY MlmICAr. SERVICES - WA8TE MANAGRMRNT - COURT AT ~W I~ - ~H~eT ~~R~Y _ R&B #1 121 -COMMISSIONER PCT # - MMI _ _ p. w2 _ COMMISSIONERS PCT #4 121 - R&B peT ~: - ~~NST~R br #2 EMERGRNC'Y MANAGRMRN'l' 131 - FLOODPLA AD NIS TI _ CRIME VICTIMS A..<:SISTANCE - AIRPORT j r,; ~ 480 I A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd that the following Budget Adjustments be accepted as presented. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor. I I_ I I } BUDGET AMENDMENT REQUEST GL ACCOUNT NO. ACCOUN OEPARTMENT NAME EXTENSION SERVICE MEAL ALLOWANCE GROUP INSURANCE AUTO ALLOWANCE.COUNTY AGENT BUILDING MAINTENANCE 1000-170.65454 REPAIRS.COURTHOUSE & JAIL 1000-170.66604 UTILITIES.COURTHOUSE & JAIL COMMISSIONERS COURT PATHOLOGIST FEES REDISTRICTING LEGAL SERVICES MISCELLANEOUS 1000.280-66192 TELEPHONE SERVICES WASTE MANAGEMENT MACHINERY PARTS/SUPPLIES lANDFILL CLOSURE MACHINERY/EQUIPMENT REPAIRS COUNTY COURT.AT.LAW 1000-410-51940 WORKMENS COMPENSATION 1000-410-63380 LEGAL SERVICES.COURT APPOINTED D/STR/CT COURT 1000-430.63380 LEGAL SERVICES.COURT APPOINTED JUST/CE OF PEACE PREC/NCT NO.2 1000-460.64790 POSTAGE 1000-460.53020 GENERAL OFFICE SUPPLIES JUSTICE OF PEACE PRECINCT NO.3 1000-470.66192 TELEPHONE SERVICES 1000-470.53020 GENERAL OFFICE SUPPLIES DISTRICT ATTORNEY 1000-510-51700 MEAL ALLOWANCE 1000.510.53020 GENERAL OFFICE SUPPLIES 1000.110.51700 1000-110.51920 1000-110.60336 20 Lil\-e.-~ r('lM'.R~ 233 (253) 718 LINE ITEM TRANSFER (718) 1000.230.64520 1000.230.65320 1000.230.63350 3,180 LINE ITEM TRANSFER (9.899) (3,180) _ 816 AS NEEDED 1000.380.53210 1000.380-63200 1000.380.63530 28 LINE ITEM TRANSFER (29) 1 . AF;PPOVED 54 REQUIRED BY PAYROLL c--. . 1 2,557 AS NEEDED ~ 8.472 AS NEEDED J NOV ~ 7 ?nn? 4 LINE ITEM TRANS' ER L_ (4) 25 LINE ITEM TRANSFER (25) 15 REQUIRED BY PAYROLL (15) Total for GENERAL FUND NET CHANGE IN TOTAL BUOGET _ 481 e " ET AMENDMENT REQUEST ~ To: Calhoun County Commissioners' Court From: L', hro..ri (Department making this request) Date: \ \ - 2.1-0'2 I request an amendment to the O~ (year) following line items in my department: budget for the GL Account # Account Name Amendment Amount Reason ------------------- \40-jd35o j10 -530;(0 S9lJlpme,,-1 - Off:;c-e Gen('ro..\ ~ce sl)pp\;es <.315.947 3\5.azf- 10 bV~ ~oin-t Com-G,f Ccr~ m~chihe APPklO " 2 7 2002 ,. Net change in total budget for this department is: Other remarks/justification: $ -0- ------------- ------------- I understand that my budget cannot be amended as requested until Commissione~s' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: "-f1~ ( ~ e Date posted to General Ledger account(s) : 482 e e e BUDGET AMENDMENT REQUEST 3 1000.180.61310 1000-180-66316 1000-180.51620 1000.180-64880 1000.760-51620 1000-760-51700 1000-760-51899 1000.760-51519 1000-760-63920 1000.760.53020 1000-760-63500 1000.760-66316 1000-760.53540 1000.760-53992 1000.760-53430 1000-760-60360 1000-760-61310 JAIL COPIER RENTALS TRAINING TRAVEL OUT OF COUNTY ADDITIONAL PAY.REGULAR RATE PRISONER LODGING OUT OF COUNTY DEPARTMENT TOTAL 430 LINE ITEM TRANSFER 199 992 REQUIRED BY PAYROLL (9,584) (7,963) SHERIFF ADDITIONAL PAY.REGULAR RATE MEAL ALLOWANCE WORKERS COMP ADJUSTMENTS DEPUTY.LAW ENFORCEMENT MISCELLANEOUS GENERAL OFFICE SUPPLIES MACHINE MAINTENANCE TRAINING TRAVEL OUT OF COUNTY GAS/OIUDIESEL SUPPLIES.MISCELLANEOUS LAW ENFORCEMENT SUPPLIES AUTOMOTIVE REPAIRS COPIER RENTALS 3,620 REQUIRED BY PAYROLL 134 3,727 (3,727) 645 LINE ITEM TRANSFER 120 475 1,110 267 109 1,098 55 330 7,963 o DEPARTMENT TOTAL Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET NOV 2 7 2002 483 BUDGET AMENDMENT REQUEST Lf 484 APPROVED NOV 2 7 2002 e e "'I ;.,.. e e e :5 ~BUDGET AMENDMENT REQUEST II To: Calhoun County Commissioners' Court lOwio M{)/YlGl~ M01Ct (Department making th~s request) lho From: Date: l!l m. I r request an amendment to the ~ year following line items in my department: budget for the ~;'_~!:l!:l~~~~A_ Amendment Account Name Amount ~~]~~~o- Reason ----i9~~--------- ?JD ~~IQ. 3?D ldD 31i.R Net change in total b9dget for this department is: other remarks/justification: $ -e- ------------- ------------- r understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained~ Signature of official/department head: .Ut( ~~~J Date of Commissioners' Court approval: Date posted to General Ledger account(s): 485 . /IBUDGET'AMENDMENT REQlJEST~ , tn From: ~~ To: Calhoun County Commissioners' Court e.o ..u.d (Department making this request) Date: II -1'-0:< I request an amendment to the d-\J oJ-- (year) department: budget for the following line items in my GL Account # Account Name "'/to -It,,30{;D '-/10 - 70500 [fucLJ'ClMt-J 'fUnds 7jttoks - La..UJ Net change in total budget for this department is: Other remarks/justification: Amendment Am~n t ~-71 -116- , , + 7/t-, 5-0 717 Reason -~sR7:tD------1/ d t3tn> k:s - /-(U.<.J <0 $:J!~'=~P.,=== I understand that my budget cannot be amended Commissioners' Court approval is obtaine Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s): 486 e e e "l II BUDGET' AMENDMENT REQUEST II To: Calhoun County Commissioners' Court From: eour-l a:1 La.1.AJ (Department making this request) e Date: /1- /"1- D2.. e e . 1 I request an amendment to the d..D0 J-.-- budget for the (year) following line items in my department: GL Account # -...----------- Account Name ------------------ t!ro - ~3()t>o ~O - 7()stJO ~6'b.h, ti;,..Js 8001<;, ~ Ltt.w Net change in total budget for this department is: Other remarkS/justification: Commissioners' Court approval is ob Signature of official/department he d: Date of Commissioners 1 Court approval: Amendment ---~~---- - 1:91( ~,N~7 $~ ====:::::======== Reason - - ?iiAri.;-~L -::;:c - -- '" ;.s.....ft:.J - l.........., l/ ROVED Date posted to General Ledger account(s): 487 ~e BUDGET AMENDMENT REQUEST Total for GENERAL FUND NET CHANGE IN T TAL BUDGET 488 AMENDMENT AMOUNT 52 POSTAGE REIMB. BY HOT CK RESTITUTION (52) (TREAS. RCPT#12211) o o {iPfliOVEO --- NaV 2 7 2002 e e 'I .. g BUDGET AMENDMENT REQUEST e 1000.520.90005 1000.540.73400 Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET (20,835) 20,835 AUCTION PROCEEDS FROM SALE OF PCT 1 ITEMS o APPROVED NOV 2 7 2002 e e 489 e )0 II BUDGET 1\HENDMENT REQUEST II To: Calhoun county commissioners' Court From: L?....e iA <'- -- I"-a,...."t /!J- #-- / (Department making this request) Date: //P?t/()~ . I request an amendment to the ~~~~ (year following line items in my department: budget for the GL Account # Account Name Amendment Amount Reason ------------------- 5fLt?- t: ()? 50 5</1705.3'5/0 L'A~$ ~:.;~ ~,,~ ~ /.0- 30?CJ ( .3#.tJ > , e NOV 2 7 2002 Net cllange in total budget [or this department is: s -0- ------------- ------------- Other remarks/JustificatIon: [ unders~an(l t:hat my budget cannot be amended as requested until Commissioners' Court approval is obt31ned. Slgnature of off icial/department hea'd; 7~a--vt! ~ Date of Commissionersr Court approval: - Da..t..e .po.s..te.d to Geo.u:al l.edger account (s) '. 490 '- e e e BUDGET AMENDMENT REQUEST A TIRES AND TUBES ROAD/BRIDGE SUPPLIES Total for GENERAL FUND . NET CHANGE IN TOTAL BUDGET APPROVED -=:..::::... NOV 2 7 2002 I { 491 lli jr JI' :. ";'. - { ~' :~-, \1f~:~ W,:;;;' Id-- · ~BODGET AMENDMENT REQOEST~ To: Calhoun FrolD: t Commissioners' Court :'1 l r1 bf :ff:- ~ request) Date: Jl-;u-o~ I request an amendment to the 800::2. budget for the (year) following line items in my department: GL Aooount # . --.- -- - -- 'G~8 ~;~~~~~ Amendment Aooount Name Amount Reason ------------------ ------------- ------------------- l;)-hh-tlt'5 f ~5DO. 00 fJO\ \ cill'\0 ~{)Jr.s < OOO,CO; . P-" ~-... ;~: t'''',,'\ .-i;-;-:~:-F,:~-...-- v t '"--J ,,~. e-_ L. NOV 2 7 2002 Net ohange in total budget for this department is: other remarks/justification: \1 -& ------------- ------------- I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained, Signature of official/department head: h (~c:xt.cJ Date of Commissioners' Court approval: e Date posted to General Ledger account(s): 492 .., e e e II BUDGET AMENDMENT R.EQUESTII 13 To: Calhoun county Commissioners' Court From: . Qxlf (Department making this request) Date: 1\, Iq~VL I request an amendment to the 4DD ~ budget for the year following line items in my department: GL Accourtt # Amendment Account Name Amount Reason ------------------ ------------- ------------------- f5'lO -1010 ICI d- 5'10- 535dO ,"iiO' 53030 5'10 - 0&saO ,-J~oru. ...1lus f ~ ~ oeU~ r1.e.4J ~;nWJ I Ono,- 1000.- 'l:J.nn - 500,- , , - .." z" " -Q roA ; ~J.C)f (WIOe. - ) 5.f']()- 53510 Net change in total budget for this department is: other remarks/justification: $ ---0- ---------- ----------- I understand that my budget cannot be amended as requested until 00"".'0""'" 000" 0"'000' ,. O"'O'".d.~ ~ signature of official/department head: ~ U/- ~ Date of Commissioners' Court approval: . I . Date posted to General Ledger account(s): 493 BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: RIB PRECINCT 4 DATE: 11/25102 BUDGET FOR THE YEAR: 2002 ACCOUNT NAME TEMPORARY OVERTIME SOCIAL SECURITY RETIREMENT WORKMENS COMPENSATION FEDERAL/STATE UNEMPLOYMENT ROAD & BRIDGE SUPPLIES Total for GENERAL FUND NET CHANGE IN TOTAL BUDGET 494 APPROVED NOV 2 7 2002 (z{ e e e ~ e e e 15 BUDGET AMENDMENT REQUEST ACCOUNT E LAW ENFORCEMENT SUPPLIES AUTO ALLOWANCES GENERAL OFFICE SUPPLIES UNIFORMS MISCELLANEOUS TRAINING TRAVEL OUT OF COUNTY EQUIPMENT.RADIO Total for GENERAL FUND AMENDMENT AMOUNT 169 4 132 ANNOUNCEMENTS PLUS P0#22535 (115) (23) (22) (145) o APPROVED NET CHANGE IN TOTAL BUDGET NOV 2 7 2002 ,195 e ~BUDGET AMENDMENT REQUE5Tij llo To: Calhoun County Commissioners' Court From: f Ii"\. e. 1'5 'e. 0. Q. ~ f'Y\ ClJ\ Q~ 'ei1"'\'€ 1\-+ (Department making this request) . Date!: Il - d6 -0 ). I re!qUe!st an ame!ndment to the! __~_~~_ budge!t for the! (year) following line items in my department: ........................................-........ ........................-............................................ ....................................-............ ............................-............................_....~.... Amendment Account Name Amount Reason GL Account 11 Lo 30-&iPL{Q8 lP3o-53116 ---rr-O-v ~ I () (,.J ~ CDW1'1.., - ~4-oo .00 c.of'0tpu::t~r Su.ppl i: s -t thfOo. 0 0 APPROVED =1 NaV" M I 4t Net change in total budget for this department is, $ 0 ============= Other remarks/justification: I understand that my budget cannot be! amended as requested until Commissioners' Court approval is obtained~ Signature of official/department head: ~lk~ e Date of Commissioners' Court approval: Date posted to General Ledger account<s): '-.1 4.96 e e e ~. I 11 IIBUDGET AMENDMENT REQUEST II To: Calhoun County commissioners' Court From: f rn. e rs -e '" Q. '-f. r'f\o..r.,Qj e rr. e n 1- (Department making this request) Date: ~ \ - t 3-0').. I request an amendment to the :;).OO"d- (year) following line items in my department: budget for the GL.Account # -----------~- Amendment Account Name Amount Reason ------------------ ------------- ------------------- "'3D-lo1,4'1~ 1030 - l,:,> S 00 T ,Q.\J <e...\ ou-t- cr? C ourtl-y ~D o. DQ? t>o:B" ;) 4 10 d- d. r'r\CM:.h In E' rno. ;,,~ ,,1400. DO~ Nav 2 7 2 Net cnange in total budget for tnis department is: other remarks/justification: $ -Q-- I understand that my budget cannot be amended as requested rrntil Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: Date posted to General Ledger account(s) : 497 BUDGET AMENDMENT REQUEST I~ e ACCOUNT NAME APPOINTED OFFICIAL SOCIAL SECURITY RETIREMENT WORKMENS COMPENSATION FEDERAUSTATE UNEMPLOYMENT TELEPHONE SERVICES Total for GENERAL FUND ~98 AMENDMENT AMOUNT 200 15 18 2 1 (236) o o I APPROVED I NOV 2 7 2002 e e e e e ~BUDGET AMENDMENT REQUE5T~ To: Calhgun County Commissioners' Cau~t From: FloocLp\Q1" Acirrtl"isfrQ+'~n (Department making this request) Date: I ( - ~O-Od.. l q 1 request an amendment to the _~~~__ budget for the (year) following line items in my department: GL Account # Amendment Account Name AI!lount Reason ........-............-........................ ................-.................................................... .................................................... ........................................--................-........ 11 D- 53Dd-CJ '71 tJ - '7') 3S,b he.l\ero..\ D-\lt't~e s"p !! . Stf<3 , CO (() pt.kJ Ot..d-I"'-'1-('rMcd $, 5'iS. 06 ., Net change in total budget for this department is: $ 0 ==::1::1========= Other remarks/justification: f.P1:ROVErJ ~ NO, 27 2001 I - I 1 understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: ~1~ Date of Commissioners' Court approval: Date posted to General Ledger account(s): 499 aoe BUDGET AMENDMENT REQUEST TO: CALHOUN COUNTY COMMISSIONERS' COURT FROM: CRIME VICTIMS ASSISTANCE DATE: 11/25/02 BUDGET FOR THE YEAR: 2002 ACC NAME TRAINING.VOLUNTEERS TRANSCRIPTION SERVICES TRAINING.CONFERENCE/CONVENTION TELEPHONE SERVICES PRINTING SERVICES POSTAGE AMENDMENT AMOUNT 53 LINE ITEM TRANSFER (886) 577 73 158 25 500 APPROVED NOV 2 7 2002 e e ... , BUDGET AMENDMENT REQUEST ~I e NET CHANGE IN TOTAL BUOGET APPROVED NOV 2 7 2002 e e SOl ~~e II BUDGET AMENDMENT R.EQUEBTI! To: Calhou C unty Commissioners' Court From: Date: (Department making this request) Il-00-0'A I request following an amendment to the /Jf;},O? ( ear line items in my department: budget for the GL Accoull't # Amen<!luent Account Name Amount Reason ------------------ ------------- ------------------- 97{)-734w Mll~ ~ ftJM-f- ~ooD.- :]I)O-5:s5ID Qm.d ~ fkwt~ <&,DOD- '> / APPRO\/EEJ ~ +o~,,~ r Net change in total budget for this department is: Other remarks/justification: $ -D- ---------- ---------- I understand that my budget cannot be amended as requested until Commissioners' Court approval is obtained. Signature of official/department head: Date of Commissioners' Court approval: e Date posted to General Ledger account(s): 502 e Fund Code 1000 Total 1000 Report Total t1 .::':) C,..) Effective Date Fund Title 11/27/2002 GENERAL FUND J);de:1112610205:08:27PM GENERAL FUND e CALHOUN COUNTY, TEXAS Uflposted Budget Transactions - REVENUE ADJUSTMENTS FOR 11127/02 BUD258. BUDGET ADJUSTMENTS FOR 11/27/02 c)J; I' ~'O~S e.e-pCl r---r f. cld-. F C).,r' fY\-S ) Transaction Description DeptTitle GLTitle Increase POSTAGE REIM8. BY HOT CK RESTITUTION REVENUE MISCELLANEOUS REVENUE-GEN GOVT 52.00 52.00 52.00 APp ROVED Nov 27 2002 , Decrease 0.00 0.00 Page:l CIl o ,po CALHOUN COUNTY, TEXAS Unposted Budget Transactions - EXPEND.ADJUSTMENTS FD BUD258 . BUDGET ADJUSTMENTS FOR 11/27/02 Fund Effective Code Date Fund Title Transaction Description Dept Title 1000 11/2712002 GENERAL FUND LiNE ITEM TRANSFER EXTENSION SERVICE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER EXTENSION SERVICE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER EXTENSION SERVICE 1000 1112712002 GENERAL FUND COPY MACHINE FOR POINT LIBRARY COMFORT 1000 11/2712002 GENERAL FUND COpy MACHINE FOR POINT LIBRARY COMFORT 1000 11/27/2002 GENERAL FUND LiNE ITEM TRANSFER BUILDING MAINTENANCE 1000 !112712oo2 GENERAL FUND LiNE ITEM TRANSFER BUILDING MAINTENANCE 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL JAIL OPERATIONS 1000 11/27/2002 GENERAL FUND LiNE ITEM TRANSFER JAIL OPERATIONS 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER JAIL OPERATIONS 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER COMMISSIONERS COURT 1000 !1127/2oo2 GENERAL FUND AS NEEDED MISCELLANEOUS 1000 !1127/2002 GENERAL FUND TO PROPERLY CHARGE EMERGENCY MEDICAL PULSE OXIMETER SERVICES 1000 1l/27/2002 GENERAL FUND TO PROPERLY CHARGE EMERGENCY MEDICAL PULSE OXIMEfER SERVICES 1000 11/27/2002 GENERAL FUND TIRES WASTE MANAGEMENT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER WASTE MANAGEMENT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER WASTE MANAGEMENT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER WASTE MANAGEMENT 1000 11/2712002 GENERAL FUND TIRES WASTE MANAGEMENT 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL COUNTY COURT.AT.LAW 1000 !1127/2oo2 GENERAL FUND LAW BOOKS COUNTY COURT.A T.LA W 1000 !1127/2oo2 GENERAL FUND LAW BOOKS COUNTY COURT.AT.LA W Th!1e;llf2610205,29,20PM e 8 11 R 11/27/02 APPROVED NQV 2 7 2002 GLTitle Increase Del>' ~ MEAL ALWW ~CE 20.00 GROUP INSURANCE AUTO 253.00 ALLOWANCES-COAGENT GENERAL OFFICE SUPPLIES 315.00 EQUIPMENT -OFFICE 315.00 REPAIRS-COURTHOUSE 718.00 AND JAIL UTILITIES-COURTHOUSE 718.00 AND JAIL ADDITIONAL 992.00 PAY.REGULARRATE COPIER RENTALS 430.00 PRISONER WDGING-OUT 9.584.00 OF COUNTY TRAINING TRAVEL OUT OF 199.00 COUNTY LEGAL SERVICES 3,180.00 PATHOLOGIST FEES 3,180.00 REDISTRICTING 9,899.00 TELEPHONE SERVICES 816.00 INSTRUMENTS 1,231.00 CAPITAL OUlLA Y 1,231.00 MACHINERY 190.00 PARTS/SUPPLIES MACHINERY 28.00 PARTS/SUPPLIES LANDFILL CWSURE 29.00 MACHINERYffiQUWMENT 1.00 REPAIRS IRAlNING TRAVEL OUT OF 190.00 COUNTY WORKMENS 54.00 COMPENSATION JUDICIARY FUND 717.00 EXPENDITURES JUDICIARY FUND 87.00 EXPENDITURES Pi>S'l:1 e, e e . .- CALHOUN COUNTY, TEXAS AP'-'''''Ol.'' D Unpostoo Budget Transactions - EXPEND.ADJUSTM:ENTS FOR 11/27/02 '!~'~H Jet BUD258 - BUDGET ADJUSTMENTS FOR 11127/02 1 NOV 27 ?nm Fund Effective Code Date Fund Title Transaction Description DeptTit1e GLTitle Increase De Tease 1000 11/27/2002 GENERAL FUND AS NEEDED COUNlY COURT-A T-LA W LEGALSER 2,557.00 APPOINTED 1000 11/27/2002 GENERAL FUND LAW BOOKS COUNlY COURT-A T-LA W BOOKS-LAW 87.00 1000 11/2712002 GENERAL FUND LAW BOOKS COUNlY COURT-AT-LAW BOOKS-LAW 717.00 1000 11/27/2002 GENERAL FUND AS NEEDED DISTRICT COURT LEGAL SERVlCES-cOURT 6,472.00 APPOINTED 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF PEACE GENERAL OFFICE SUPPLIES 4.00 PRECINCT #2 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF PEACE POSTAGE 4.00 PRECINCT #2 1000 11127/2002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF GENERAL OFFICE SUPPUES 25.00 PEACE-PRECINCT #3 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER JUSTICE OF TELEPHONE SERVICES 25.00 PEACE-PRECINCT #3 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL DISTRICT ATTORNEY MEAL ALLOWANCE 15.00 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL DISTRICT ATTORNEY GENERAL OFFICE SUPPLIES 15.00 1000 11/27/2002 GENERAL FUND POSTAGE REIMB. BY HOT DISTRICT ATTORNEY POSTAGE 52.00 CK RESTITUTION 1000 11127/2002 GENERAL FUND AUCTION PROCEEDS FROM OTHER FINANCING GAlNIWSS ON SALE OF 20,835.00 SALE OF PCT I ITEMS ASSETS 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 320.00 BRIDGE-PRECINCT #1 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER ROAD AND ROAD & BRIDGE SUPPLIES 103.00 BRIDGE~PRECINCT #1 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND TIRES AND TUBES 103.00 BRIDGE-PRECINCT #1 1000 1l/27I2OO2 GENERAL FUND LINE ITEM TRANSFER ROAD AND CLEANING-INDIANOLA 320.00 BRIDGE-PRECINCT #1 PARKS 1000 11/27/2002 GENERAL FUND AUCTION PROCEEDS FROM ROAD AND MACHINERY AND 20,835.00 SALE OF PCT 1 ITEMS BRIDGE-PRECINCT #1 EQUIPMENT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND BUILDING REPAIRS 500.00 BRIDGE-PRECINCT #2 1000 11127/2002 GENERAL FUND LINE ITEM TRANSFER ROAD AND TELEPHONE SERVICES 500.00 BRIDGE-PRECINCT #2 1000 1l/2712002 GENERAL FUND REQUIRED BY PAYROLL ROAD AND TEMPORARY 4,192.00 BRIDGE-PRECINCT #4 1000 11/2712002 GENERAL FUND REQUIRED BY PAYROLL ROAD AND OVERTIME 147.00 BRIDGE-PRECINCT #4 1000 11/2712002 GENERAL FUND REQUIRED BY PAYROLL ROAD AND SOCIAL SECURITY 332.00 BRIDGE-PRECINCT #4 1000 11/2712002 GENERAL FUND REQUIRED BY PAYROLL ROAD AND RETIREMENT 397.00 BRIDGE-PRECINCT #4 ~., Date,III26lO2OS:Z9:20PM Plljlc:2 0 CJl e .- CALHOUN COUNTY, TEXAS APPR~VED Unpost ",et Transactions - EXPEND.ADJUSTMENTS FOR 11/27/02 BUD2S8 - BUDGET ADJUSTMENTS FOR 11/27/02 Fund Effective NOV 1n2.l, i()()? Code Date Fund Title Transaction Description Dept Title GL Title c 1000 11/2712002 GENERAL FUND PO#24622 EMERGENCY MACHINE M TENANCE MANAGEMENT 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL EMERGENCY TELEPHONESERVlCES 236.00 MANAGEMENT 1000 11/27/2002 GENERAL FUND P0#24622 EMERGENCY TRAVEL OUT OF COUNTY 400.00 MANAGEMENT 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER EMERGENCY TRAVEL OUT OF COUNTY 400.00 MANAGEMENT 1000 11/2712002 GENERAL FUND COMPUTER FLOOD PLAIN GENERAL OFFICE SUPPLIES 548.00 ADMINISTRA llON 1000 11/27/2002 GENERAL FUND COMPUTER FLOOD PI.A1N EQUIPMENT-OFFlCE 548.00 ADMINISTRATION 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF DEPUTY-LAW 3,727.00 ENFORCEMENT 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF ADDmONAL 3,620.00 PAY-REGULAR RATE 1000 11/27/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF MEAL ALLOWANCE 134.00 1000 11127/2002 GENERAL FUND REQUIRED BY PAYROLL SHERIFF WORKERS COMP 3,727.00 ADJUSTMENTS 1000 11/2712002 GENERAL FUND UNE ITEM lRANSFER SHERIFF GENERAL OFFICE SUPPUES 120.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF LAW ENFORCEMENT 1,098.00 SUPPLIES 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF GASOLINEJOIL/DIESEUGR.. 267.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF SUPPUES-MISCEUANEOUS 109.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF AUTOMOTIVE REPAIRS 55.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF COPIER RENTALS 330.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MACHINE MAINTENANCE 475.00 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER SHERIFF MISCELLANEOUS 645.00 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER SHERIFF TRAINING TRAVEL OUT OF 1,110.00 COUNTY 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER CR.IM:E VICTIMS POSTAGE 25.00 ASSISTANCE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER CRIME VICTIMS PRINTING SERVICES 158.00 ASSISTANCE 1000 11/2712002 GENERAL FUND LINE ITEM TRANSFER CRIME VICTIMS TELEPHONE SERVICES 73.00 ASSISTANCE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER CRIME VICTIMS TRAlNING-CONFERENCElC... 577.00 ASSISTANCE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER CRIME VlCTIMS TRAINING-VOLUNTEERS 53.00 ASSISTANCE 1000 11/27/2002 GENERAL FUND LINE ITEM TRANSFER CRIME VICTIMS TRANSCRIPTION SERVICES 886.00 ASSISTANCE t1'l 0 Dale: I 1/26Kl2 OS:29::W PM Pagc;4 -J CJ1 o ell PI '0 03:0o-l ::l Ii OOO::r 0. 0> i3rtrtO> m i3 1-'-0 c.., 0> 1-'-00'0 ~ ::l m::l 0> 0 p.rtm Ii~ lQ 0> I-"~ - ::l CIlo.OPl rt , ::l m tv'< 3: 0> 0 PI '1 i30o-l "lOW tv '1 m 0"':1 0. 0> ::ri3f-'0>1lJ1lJ PI El 0 ::l m f-' 1-'-'< 0' 0. ~ f-' m 0.'< Ii m 1lJ0> PI I-'-rt OHlIi f-'O::rOrt f-'::l PI i30>'O 0> rtEl Ii Ii <: Ii 1-" 0> QOlmm!iUJ rr Plmo>o> >< 0> 01-"1-'.1lJ::l p.llJp.Oo.rt f-' ::ll-'-O> 1-'- <: '1 CIl ::l 0. ::l Pl CIl IilQ ::l '0 ::r HI- 001lJCIl Pl '1Pl::l1i <:tDrtf-'o. OPl <: ;3 Iif-'O'Pl<:O PlCll::lO>::l w. 11 ("'t 1I"'PlPl I-'.::r IlJO::lHlf-' . 0 0.'< '< CIl 1-'- "':1'0 m::lli f-' rr CIl <!:l 0> o CIl () '0 ,<o.omo 0. ::l1lJ1i -Plp.i3rr mCllO> "':1 0.- HI 1-'- 0 ::l 0'1lJ Ii m '< rr 0> Ii .. - Fund Effective Code Date Fund Title Total GENERAL FUND 1000 2610 11/27/2002 AIRPORT FUND 2610 11/27/2002 AIRPORT FUND Total AIRPORT FUND 2610 Report Total Date:llf26'0205:29:Z0PM Transaction Description R 11/27/02 I APPROVED NOV ? 7 ?nn? GLTitle Increase ' Dee [ease 75,875.00 75.823.00 CALHOUN COUNTY. TEXAS Unposted Budget Transactions - EXPEND.ADJUSTMENTS FO BUD258 - BUDGET ADJUSTMENTS FOR 11/27/02 Dept Title LINE ITEM TRANSFER LINE ITEM TRANSFER NO DEPARTMENT NO DEPARTMENT RADIO MAINTENANCE UTILITIES 107.00 107.00 107.00 107.00 75,982.00 75,930.00 e e Pog~' S