2002-11-27
SPECIAL NOVEMBER TERM
HELD NOVEMBER 27, 2002
THE STATE OF TEXAS !i
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COUNTY OF CALHOUN !i
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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
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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.
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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
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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.
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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
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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
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2,811.476
PLUS:
County Subsidies EM3fHospltal
138,060
Total Cash-
Incr(Decr)
2,949,536
LESS:
EquIpment Purchases
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(222,550)
NET CASH. INCR (DECR)
2,726,98'
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MEMORIAL MEDICAL CENTER
YEAR-TO-DATE SUMMARY
OCTOBER 31, 2002
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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
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PLUS:
Depreciation 1,282,969
Contribution to the County 0
e 2,811,476
PLUS:
County Subsidies EMS/Hospital 138,060
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I Total Cash- 2,949,536
Incr (Deer)
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I LESS:
I Equipment Purchases (222,550)
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( NET CASH- INCR (DECR) 2,726,986
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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%
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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
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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 )
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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
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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.
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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
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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.
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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 $500,00.00 is one I am recommending we accomplish through short term
financing (60 months) using the low interest rates currently available. The debt service involved a
can be comfortably assumed based on current budget expectations. This is simply a heads up ..
and each item will of course be processed appropriately.
SUMMARY:
Overall, things continue 10 go well, we have maintained a healthy margin while maintaining cash
levels Vlhieh allow us to insure timeliness in tbe treatment of our payables. Our receivables are
being "worked" diligently and our respectable Days-In-Accounts receivable level produces cash
necessary for operations and is the envy of most Hospitals. Based on our exit interviews with
employees and patient comment forms, it would appear that we are making headway with the
satisfaction of many. I therefore feel that we are living our stated mission as a hospital which I
feel worthy of repeating here: Memorial Medical Center is committed to providing to all citizens
of Calhoun Countv accessibilitv to the highest qualitv of Healthcare in a caring, dignified. and
cost-effective manner. See you on the 19th,
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MEMORIAL MRTlTC.AL rRNTRR - PAYMENT REDUEST FOR EMS SUESIDY
This agenda item was passed.
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EMERGENCY MlmICAL SERVICES - TRANSFER OF EMS ASSETS FROM
MEMORIAL MEDICAL CENTER TO CALHOUN couNTY
A Motion was made by CommisBioner Finster and seconded by
Commissioner Balajka to authorize the County'S auditors
and Emer$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,
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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.
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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
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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
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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.
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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
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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.
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PLACRMRNT OF STOPS SIGNS IN PORT 0 I CONNOR
set for public hearing at a later
This agenda item will be
time.
438
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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.~",
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:"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.
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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,
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2002.
COMMISSIONERS' COURT OF
CALHOUN COUNTY
~~~
Arlene N. Marshall, County Judge
}.
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~~ 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 ",
'~,' "'\\~---':'
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.-\,DOPTION
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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
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Michael Balajka, Precinct #1
H. Floyd, Precinct #3
J!&MfdW- k
Kenneth W. Finster, Precinct #4
Attest:
1>1 ~(jJ~
Marle';lePaul, County Clerk
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"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.
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Leroy Belk, Precinct ~ I
_%6<-"',d {J d..:....~7-""-'
Kenneth Finster, Precinct ,:;::4
Attest: ]
9;; ALf~'c}1.Z 1~a.lLt
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Marlene Paul, County Clerk
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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
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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
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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
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8
8
9
9
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10
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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
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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^
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(a) Conditions of Default, Cure and Termination r
_0
(b) Elements of Default 24
(c) Termination 25
(d) Non Waiver 25
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(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"
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(e) Registration of Tax Abatement Agreements 25
Section 9 - MISCELLANEOUS 26
(a) Variance 26
(b) Assignments 26 e
(c) Application for Exemption J"7
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(d) Effective Date 7-
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(e) Sunset Provision 27
(f) Effect of Modification or Termination 7~
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(g) Subtitles 7-
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(h) Severability 23
Section IO-ADOPTION 23
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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:
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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.
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(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
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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.
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(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.
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(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
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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.
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(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.
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(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
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(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.
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(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
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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
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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.
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(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
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(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.
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(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.
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(c) Percent of Abatement. The percent of abatement of eligible property value to be
granted each year shall be as follows:
I Year
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15
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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
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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
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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
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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
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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.
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(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
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modernization, expansion or new improvements.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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,
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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.
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(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
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(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,
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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:
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(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.
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(2) List the kind, number and location of all proposed improvements of the
property.
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(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.
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(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.
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(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
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(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.
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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
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(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
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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.
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(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
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(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
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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,
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(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.
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(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.
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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
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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 '
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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)
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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
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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
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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
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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
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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.
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Fiscal Year 2003
Calhoun County Loan Star Libraries Grant
Page 3 of8
474
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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
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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.
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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
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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
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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
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Fiscal Year 2003
Calhoun County Loan Star Libraries Grant
Page 7 of8
478
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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.
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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_
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}
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
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"
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
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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
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~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
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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..
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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
$~
====:::::========
Reason
- - ?iiAri.;-~L -::;:c - --
'" ;.s.....ft:.J - l.........., l/
ROVED
Date posted to General Ledger account(s):
487
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BUDGET AMENDMENT REQUEST
Total for GENERAL FUND
NET CHANGE IN T TAL BUDGET
488
AMENDMENT
AMOUNT
52 POSTAGE REIMB. BY HOT CK RESTITUTION
(52) (TREAS. RCPT#12211)
o
o
{iPfliOVEO
---
NaV 2 7 2002
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BUDGET AMENDMENT REQUEST
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1000.520.90005
1000.540.73400
Total for GENERAL FUND
NET CHANGE IN TOTAL BUDGET
(20,835)
20,835 AUCTION PROCEEDS FROM SALE OF PCT 1 ITEMS
o
APPROVED
NOV 2 7 2002
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489
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II BUDGET 1\HENDMENT REQUEST II
To:
Calhoun county commissioners' Court
From:
L?....e iA <'- -- I"-a,...."t /!J- #-- /
(Department making this request)
Date:
//P?t/()~
.
I request an amendment to the ~~~~
(year
following line items in my department:
budget for the
GL Account #
Account Name
Amendment
Amount
Reason
-------------------
5fLt?- t: ()? 50
5</1705.3'5/0
L'A~$ ~:.;~
~,,~ ~ /.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
'-
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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
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";'.
- { ~'
:~-,
\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
..,
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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
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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
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~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
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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)
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I APPROVED I
NOV 2 7 2002
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~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
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BUDGET AMENDMENT REQUEST
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NET CHANGE IN TOTAL BUOGET
APPROVED
NOV 2 7 2002
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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
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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
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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
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