2002-03-18
BIDS AND PROPOSALS FUEL BIDS
The following bids ,,:,ere opened M.arch 7, 2002 by Lesa Casey and Rita Miller and were
rea~ by C~unty auditor Ben Comiskey for the period beginning March 16 2002 and
e~dIng April 15,2002. After reviewing said bids a Motion was made by Co:nmissioner
F.Inster and seconded by Commissioner Balajka that Diebel Oil Company be awarded the
bid for fuel to be deli~er~d and Mauritz and Couey be awarded the bid for automated card
syste~ fuel. ComrmsslOners Galvan, BaIajka, Floyd, Finster and Judge Marshall all
voted In favor.
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FUEL BID
PROPOSAL
IN RESPONSE TO YOUR NOTICE FOR COMPE1ITlVE BIDS FOR FUEL WE THE UNDERSIGNED
PROPOSE TO FURNISH AND DEUVER THE FOLLOWING FUELS TO THE LOCATIONS
INDICATED IN THE SPECIFICATIONS.
PIUCE/GALLON X APPROXIMATE = TOTAL
GALLONSIMO
UNLEADED GASOLINE S ,'7lf X 3800 =$~~
PREMIUM UNLEADED GASOLINE $ ,~~ X 4000 = $;J ~~t}.bb
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DIESEL FUEL Q-OW SULFUR) $ ,07 x 2500 - $ Ifo7r.6b
TOTAL BID PRICE $ 'JIJ'o 7. pO
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THE CONTRAC'r P:ERlOO WlLL BE FOR A ONE MONTH PERIOD ONLY BEGINNING
)\'lARCH 16. 2002 AND ENDING APRIL IS. 2002. NO PRICE CHANGES WILL BE AllOWED
DURL.....C THE CONTRACT pJ:RlOD,
SELLER WILL SUBMIT SEP AR.A TE INVOICES ON EACH PURCHASE TO THE PURCHASING
DEPARTMENT. PRICES QUOTED DO NOT INCLUDE TAXES.
NAME OF BIDDER: ~fj~G 6/L ~. ~ ,
ADDRESS: P-t:J. fl, DK IJ /
CITY,STATE,ZIP: Patf:J LAV"J4C'A lX. i7f71
PHONE NUMBER: '5~~- '3?.:l. Y
PRINT NAME: ~-r',m ~
AUTHOFJZ~SIGNATUR:E: ./~ ~
TITLE: IJ?A/;,/~
~-7- t)~
DATE:
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3-04-202 10,48AN
FRON CALHOUN CO. AUDITOR 361 553 4614
P.2
FUEL BID
PROPOSAL
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IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL WE THE UNDERSiGNED
PROPOSE TO FURNISH AND DELIVER THE FOLLOWING FUELS TO TIlE LOCA nONS
INDICATED IN THE SPECIFICATIONS.
PRICE/GALLON X APPROXIMATE = TOTAL
GALLONSIMO
UNLEADED GASOLINE $ ~f./- X 3800 = $ .lICfJ...-.CO
PREMIUM UNLEADED GASOLINE $ 9,} x 4000 = $ 37tDL)O
DiESEL FUEL (LOW SULFUR) $ 7CJ X 2500 -. $ /97-S":otJ
TOTAL BID PRICE $ rJ9:1.7. 00
THE CONTRACT PERIOD WILL llE FOR A ONE MONnI PERIOD ONLY BEGINNING
MAltCR 16.2002 AND ENDING APRIL 15. 2002. NO PRICE CHANGES WILL llE ALLOWED
DURING THE CONTRACT PERIOD.
SELLER WlLL SUBMIT SEP ARA TE INVOICES ON EACH PURCHASE TO THE PURCHASING
DEPARTMENT. PRICES QUOTED pO NOT INCLUDE TAXES.
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NAME OF BIDDER, tfJN/~ ,71- '?' G,UIiY
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ADDRESS, PD. Boll.. 1'100
CITY, STATE, ZIP: I1l!r /",:}/J/lCA IX 7797Cj
PHONE NUMBER: SS"z..-7tJoc../-
PRlNTN.-\ME: fO"/H /../a;'
AUTHORlZED SIGNATURE, ~ ~
TITLE'
t!fe/l. j}16/l..
.2/6/02-
, .
DATE:
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I FUEL "BID PROPOSAL 1
IN RESPONSE TO YOUR NOTICE FOR COMPETITIVE BIDS FOR FUEL, WE THE
UNDERSIGNED, AGREE TO FURNISH FUEL, ACCORDING TO THE ATTACHED FUEL
SPECIFICATIONS, USING AN AUTOMATED CARD SYSTEM, TO THE COUNTY'S SHERIFF'S
DEPARTMENT, PROBATION DEPARTMENT, HOSPITAL, EMERENCEY MEDICAL SERVICE
AND OTHER VEIDCLES AS DESIGNATED FROM TIME TO TIME BY THE COMMISSIONERS
COURT AT THE FOLLOWING AVERAGE MONTHLY PRICE PER GALLON AND AT THE
FOLLOWING TWENTY-FOUR HOUR AVAILABILITY LOCATION:
PREMUlM UNLEADED GASOUNE $
PRICE PER ;ALLON
$ .~
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.9;/
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LOCATION: 02/1./2. t.J f}u6.7/# Sf.
(MUST BE wITHIN THE CITY OF pORT LA V ACA
OR WITHIN A (5) FIVE MILE RADlUS OF THE CITY
OF PORT LA V ACA.)
$
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UNLEADED GASOLINE
MID GnADE
DIESEL FUEL
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THE CONTRACT WILL BE FOR THE PERIOD BEGINNING MARCH 16.2002 AND ENDING
APRIL 15. 2002. NO PRICE CHANGES WILL BE ALLOWED DURING
THE CONTRACT PERIOD.
SELLER WILL SUBMIT INVOICES ON PURCHASES TO THE PURCHASING DEPARTMENT.
PRICE QUOTED DO NOT INCLUDE TAX~.
NAME OF BlDDER: If)/WR.ITZ-- ~ COUEY
ADDRESS: f? O. .f3 tJ)(. /7D 0 I
CITY,STATE,ZlP: PMT ifl-U/U-A-. /jt 77q 77
PHONE NUtvIBER: SSz. - 7601
.
PRlNTNAME: ;;;". )FG~
AUTHORIZED SIGNATIJRE: 1M ~
TITLE: e>1't;'J! IN/., II
DATE: $ /6/o-t,.
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1994 UNION CARBIDE TAX ABATEMENT AGREEMENT
John Nichols, Tax Manager for Dow Chemical Company and Bob Walker, Site Manager,
and Kathy Hunt, Public Affairs Manager, with Dow Chemical Company discussed the
1994 Union Carbide Corporation Tax Abatement for the Reinvestment Zone of Carbide.
Kathy Hunt stated in the 1990's, Seadrift Operations was chosen by Union Carbide
Corporation, which is now a subsidiary of Dow Chemical as a site for the first world-
class commercialized ethylene-propylene production of rubber which is used for car hose,
weather stripping, etc. The technology was revolutionary. Carbide received a tax
abatement from Calhoun County Commissioners' Court in October 1994 and May 1995.
The unit started up in 1996. In the first year of operation, a lot of process problems
related to the purgers were experienced and other problems developed which caused this
to be a negative venture. The unit was shut down which impacted about 25 employees.
Therefore, the value of the unit is approximately $60 Million instead of the $90 Million,
which was predicted in 1993.
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Npw, with the Dow ChemicaVUnion Carbide Corporation merger, the result is a joint
venture between DuPont and Dow Joint Lastimers. This has given Dow the opportunity
to tap into and expand technology and expertise and to use their catalyst. It has proven to
be very successful and Dow has filed for air permits with Texas Natural Resources
conservation Commission and elevated the experimental production rate to require the
need to register the catalyst. Dow is confident the joint venture will be successful and in
two years will be close.to the production rate originally anticipated.
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Dow Chemical asked the Calhoun County Commissioners' Court to accept that they have
made a good faith effort to comply with the terms of the abatement issued in 1993 and to
agree the EPR plant taxable value for 2002 and future years will remain as appraised by
the Calhoun County Appraisal District and not as predicted in 1993.
Commissioner Floyd asked at what time will the technology be applied and determined to
be successful? Mr. Walker answered it will take approximately two years to determine if
it is successful on the marketplace.
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Commissioner Finster asked if the appraised value could go up. Mr. Walker said it could.
Commissioner Floyd said you are asking the Court to conclude substantial compliance on
the appraised value for 2002 and the number of employees that you have and future years
will be established by the Appraisal District.
A Motion was made by Commissioner Floyd and seconded by Commissioner Finster that
the Calhoun County Commissioners' Court accept the appraised value for year 2002 as
substantially compliant with the Union Carbide Corp. Tax Abatement Agreement dated
October 10, 1994 and with performance of permanent employees.
In discussion, Drew Hahn, Chief Tax Appraiser, stated the facility will be appraised as of
January I sl each year.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor of
the Motion.
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TAX ABATEMENT AGREEMENT
between
CALHOUN COUNTY, TEXAS
and
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UNION CARBIDE CORPORATION
OCTOBER 10, 1994
.925
September 27,1994: TG/PWP/ABATE/UCC.AGR
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TAX ABATEMENT AGREEMENT
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INDEX
RESOLUTION APPROVING TAX ABATEMENT AGREEMENT
1. APplication/Specific xmprovements Reauired
1.1 specific Xmprovements Reauired .
1.2 Aareement Governed bv Guidelines
1.3 property Eliaible for Tax Abatement
2. Kind. Number and Location of Xmprovements
3. Inspection of premises
4. Limitation of Use.
5. Riaht of Recapture
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6.
Existina Uses .
. .
7. Proposed Uses
8. Value of Pro;ect
9.
Value
to be
9.1.
9.2.
Abated
Base Year Value
Limitation on Amount of Abatement
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10.
Duration .
. . . . .
. .
,..:
Exemption
Basic Abatement
Additional Abatement - Residencv Incen-
tive . . . . . . . . . . . . . . .
Manaaement Residency Incentive . . . .
Abatement SUb;ect To Riahts Of Holders
Of outstandina Bonds . . . .
11.
Percent of
11.1.
11.2.
11.3.
11.4.
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12. Reduction for Closure. curtailment. Etc. of Exist-
ina Facilities ..,...
13. commencement and Termination Dates.
14. Description of pro;ect/Economic Life
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15. Default. Notice. Cure. Termination, Eta
15.1. Events of Default . . .
15.2. Termination Retroactive
15.3. Non Waiver. . . .
15.4. Recapture of Taxes. . ,
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2
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7
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15.5. Administration and Enforcement
15.6. Assiqnment
16. Type of Leqa1 Entity
17.. Notices
. . . . . .
18. Reimbursement for Pees and Expenses
19.
Indemnity
. . .
20. Incontestability
21.
22.
23.
24.
25.
Assurances
21.1.
21.2.
21.3.
21.4.
21.5.
21.6.
21.7.
21. 8.
21.9.
and Special Conditions
Accuracy of Information
Authority to Sian . . .
Commencement of Construction
permi ts . . . . . . . . . .
All Conditions to be Performed.
Public Health and Safety . .
Reauired to Make Specific Improve-
ments . . . . . . . . . . . . . . .
Estimates/Strict Compliance . . . . .
Enforcement of Environmental/Safetv
provisions ....
Information to Determine Compliance
Value of Proiect After Abatement
. .
. . .
Contract Terms
Period
. . . . . .
Miscellaneous
25.1.
25.2,
25.3.
25.4.
25.5.
25.6.
25.7,
25.8.
25,9.
and
Conditions Survive Abatement
. . . . .
. . . . . .
. . . .
Aqreement Survives Reinvestment Zone
pavment of Taxes
Conflicts of Law .
Severability . . .
Subtitles . , . .
Place of Performance
Acceptance bv UCC .
Approyal bv commissioners
Bindinq Effect . . . . . .
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11
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12
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15
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RESOLUTION APPROVING TAX ABATEMENT AGREEMENT
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WHEREAS, on September 16, 1994, Union Carbide corporation
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obtained renewed designation of Union carbide corporation Reinvest-
ment Zone, consisting of certain properties situated in an
unincorporated area of Calhoun County, Texas; and
WHEREAS, by Application dated September 7, 1994 Union
Carbide corporation has applied for a Tax Abatement Agreement for
$94,000,000.00 to be located in the Union Carbide corporation
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Reinvestment Zone; and
WHEREAS, the Commissioners Court of Calhoun county, Texas
held a public hearing on october 10, 1994 at which interested
persons were permitted to speak and present written material for or
against the approval of the Tax Abatement Agreement sought by Union
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Carbide corporation; and
WHEREAS, the commissioners Court of Calhoun County,
Texas, after notice as required by law, has in open meeting
discussed the issue of whether to enter into a Tax Abatement
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Agreement with Union Carbide corporation, and being of the opinion
that the Application for Tax Abatement Agreement by Union Carbide
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corporation for construction of its Ethylene-propylene Rubber
Project (EPR) should be approved, the Commissioners Court, upon
, motion and second, adopts the following resolutions:
BE IT RESOLVED:
1. That the commissioners Court of Calhoun county, Texas
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hereby finds that the terms of the proposed Tax Abatement Agreement
for Union Carbide corporation's construction of its EPR Project and
. the property subject to the Agreement satisfy eligibility criteria
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and other requirements of the Guidelines and criteria for Tax
Abatement heretofore adopted by the commissioners Court on June 13,
1994.
2.
The COlDlllissioners Court of Calhoun county, Texas
finds that there will be no substantial adverse effect on the
provision of the county's services or tax base.
3.
The cOlDlllissioners Court of Calhoun county, Texas
approves Union Carbide corporation's Application for Tax Abatement
Agreement dated Septemher 7, 1994, subject to the following terms,
covenants and conditions contained in the attached Tax Abatement
Agreement.
4. Based upon the foregoing findings, the COlDlllissioners
Court of Calhoun county, ~exas hereby approves and authorizes the
execution of the Tax Abatement Agreement between the cOlDlllissioners
Court of Calhoun county, Texas and Union Carbide corporation, a
copy of which is attached to this Resolution, incorporated by
reference, and made a part hereof for any and all purposes.
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PASSED, ADOPTED AND APPROVED, by a vote of.!:J for and
t/ against on this lOth day of october, 1994.
ATTEST:
{(..iLlt'l1.L (id
M ne Paul, County Clerk
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929
TAX ABATEMENT AGREEMENT
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THE STATE OF TEXAS 9
9
COUNTY OF CALHOUN 9
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT (hereinafter Agreement) is between Calhoun
county, Texas, (hereinafter County), a political subdivision of the
State of Texas, acting by and through its duly elected commission-
ers Court (hereinafter commissioners), and union Carbide Corpora-
tion, a New York Corporation, with a certificate of authority to do
business in Texas, with a place of business in Calhoun county,
Texas (hereinafter UCC).
1. APPlication/specific Improvements Required. UCC has
filed with the county an Application for Tax Abatement. A copy of
the Application, dated September 7, 1994 is attached hereto, marked
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Exhibit "1", and made a part hereof for any and all purposes.
1,1 specific Improvements Required. The county hereby
approves the Application for Tax Abatement Agreement expressly upon
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,..;, the condition that UCC will make the specific improvements
described in paragraph 1 a-h inclusive of the Application.
All of
the proposed eligible improvements are to be located in the
designated Union Carbide corporation Reinvestment Zone.
1.2 Aqreement Governed bv Guidelines. Unless otherwise
stated, this Agreement for tax abatement is made and entered into
pursuant to and is governed by the Guidelines and Criteria of the
commissioners court of Calhoun county, Texas for Granting Tax
Abatement in Reinvestment Zones created in Calhoun county, Texas
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adopted June 13, 1994 (hereinafter "Guidelines") except as varied
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by the specific provisions of this Agreement and by the
commissioners I enabling resolution.
The Guidelines are hereby
e incorporated by reference and made a part hereof for any and all
purposes. Subject to any variances contained in this Agreement,
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the 1994 Guidelines govern this Agreement.
This Agreement is
further subject to the following terms, covenants and conditions.
1.3 Property E1iqible for Tax Abatement.
The county
agrees to exempt from taxation the percentages of value of'the real
property in each year covered by this Agreement only to the extent
its value for that year exceeds its value for' the year in which
this Agreement is executed. The county also agrees to exempt the
value of eligible tangible personal property described. in the
Application located on re~l property in the reinvestment zone in
each year covered by this Agreement other than tangible personal
property that was located in the reinvestment zone at any time
before the execution of this Agreement with the county.
This
provision shall not affect the eligibility for tax abatement of
other improvements in the reinvestmen~ zone as authorized by any
prior Agreements with the county.
The percent and length of
exemption are granted to the extent as stated in paragraph 11 in
this Agreement. Tangible personal property that is not eligible
for abatement is described in section 2(g) of the Guidelines and
Criteria.
2. Kind. Number and Location of Improvements. The kind,
number and location of all proposed improvements of the property
subject to this.Agreement are as contained in Paragraph No. 1 a-h.
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inclusive of the Application and exhibits attached thereto. (See
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Exhibit "1").
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3. Inspection of Premises. UCC hereby expressly agrees
to provide access to and authorize inspection of its property by
county officials, employees, and/or their designees to insure that
the improvements described in the Application are made according to
the specifications and conditions stated in the Application and
this Agreement, and that ucc is complying with the Agreement.
4. Limitation of Use.
ucc shall not make any use of
the property that is inconsistent with the general purpose of
encouraging development or redevelopment of the reinvestment zone
during the period that the property tax exemptions are in effect.
5. Riaht of Rec.apture. The county shall be entitled to e
recapture all property tax revenue lost as a result of this
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Agreement if UCC fails to make the improvements or repairs as
provided by this Agreement, and the Application attached hereto, or
in the event of other specified defaults, after notice and failure
to cure, all as more particularly provided in paragraph 15 of this
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Agreement.
6.
Existinq Uses.
A map showing existing uses and
conditions of the real property in the reinvestment zone is
attached to the Application.
7. Proposed Uses. A map showing proposed improvements
and uses in the reinvestment zone is attached to the Application.
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8. Value of Pro;ect. The estimated value of the project
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upon completion as described in the Application is $94,000,000.00.
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It is estimated that 60 new permanent jobs will be created as a
e result of the new or expanded facilities. substantial compliance
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with these estimates will be acceptable. Substantial compliance
means within 90% of any authorized estimate.
9. Value to be Abated. The estimated value to be abated
for each year of the abatement period is as follows:
Date % of Completion Value
9.01 January 1, 1995 -0- -0-
9.02 January 1, 1996 59,5790% $ 56,000,000.00
9.03 January 1, 1997 100% $ 94,000,000.00
9.04 January 1, 1998 through
January 1, 2001 100% $ 94,000,000.00
(subject to allowable
depreciation)
9.1. Base Year Value. The base year value (January 1,
1994) was $402,067,626.00 land value and improvements.
9.2. Limi tation on lImount of Abatement. If the value of
an existing facility will be deleted or diminished as a result of
the project, the eligible value of the project to be abated will be
limited to the difference between the cost of the project and the
appraised value of the existing facility that is to be deleted or
reduced as a result of the project.
10. Duration. The duration of the abatement term shall
be seven (7) years commencing within the tax year 1995, through the
tax year 2001, inclusive.
11. Percent of ExemptioD. The percent of value to be
abated each year is as follows:
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PERCENT OF ABATEMENT
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YEAR BASIC ADDITIONAL ABATEMENT THROUGH RESIDENCY
ABATE- INCENTIVES
MENT
....__.,-".""..-.-,--..---_._-,-_.........-,....-..-'~. ... ............ ..........,..,-:;:::;.,_. .-..-.-.-.-.-.-.........-.........'...'..
;~:a~I~p:m~~~~li$)jtli :MAfN'AGmmiiiii'RESIDENCY'1tN.'
:'{ - ;., ,," -, -, - - - . - :_'.:?:) - -; : .:; ::; c. ,.":_::.?:}:' ;0, _ {/
1.iitNli~Qtm~Q~i ~.' '.l~$'!lliiqQ~~IIj .....
.. ...
1 10 0%
2 1 0 0%
3 6 0 % 15% 2 % FOR THE TOP MANAGER.
1% FOR EACH ASSISTANT
4 55% 15% PLANT MANAGER OR
,
5 5 0 % 15 % EQUIVALENT , NOT TO EX-
CEED 4 % .
6 2 5% 15%
7 5% 15%
11.1. Basic Abatement. This is the percent of abatement
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of eligible property value to be granted in each year, without
regard to any of the incentives.
11.2. Additional Abatement - Residencv Incentive. For
each preceding year during years three through seven that out of
the new jobs created as a result of the project, if 50% or more of
the permanent employees of the project reside in Calhoun County,
UCC shall be entitled to an additional 15% abatement. In order to
qualify for the residency incentive, ucc must prove to the
satisfaction of the county, or its designee, for each year in which
the residency incentive is sought, that for the immediate preceding
calendar year on a yearly average 50% of the employees hired after
the effective date of this Agreement as a result of the project
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lived in Calhoun County. For purposes of the residency incentive,
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the new employees must be permanent employees, who either directly
or indirectly are working at the new project, or are replacing an
existing employee in an unrelated job who has been transferred to
the new project. Temporary or construction workers employed during
the construction phase of the project shall not be considered for
the residency incentive.
New employees of a permanent contract
labor force that are hired as a direct result of the project, and
who are permanent, shall count in determining whether the residency
incentive has been satisfied. The new permanent employees who are
hired as a result of the project are only eligible in the employee
count if they are hired after the effective date of this Agreement.
Each year the residency incentive applies, the employee count will
be cumulative of all elig~ble employees hired for this project on
or after the effective date and still employed at the project at
the time the count is made.
11.3. Hanaqement Residencv Incentive. In each of years
three through seven in which the top local manager of the
Taxpayer's entire facilities located in Calhoun County is a
resident of Calhoun County for the entire immediate preceding
calendar year in which this incentive may apply, the Taxpayer shall
be entitled to an additional 2% abatement, Additionally, in each
of years three through seven the Taxpayer shall receive an
additional 1% abatement for each assistant facility manager, or
equivalent who resides in Calhoun County throughout the immediate
preceding calendar year in which this additional incentive may
apply. The incentive for the assistant managers, or equivalent is
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limited to a maximum of an additional 4% each year it is available.
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The total management residency incentive is limited to a maximum of
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6% in each year it applies.
The fact that the top manager, or
assistant managers, or equivalent resided in Calhoun County before
the effective date of the Agreement shall not defeat the eligibili-
ty for this management residency incentive.
11.4.
Abatement Subiect To Riqhts Of Holders Of
outstandinq Bonds.
Pursuant to Tex. Tax Code ~3l2.204(a), the
abatement and exemption of taxes provided in this Agreement is
r - subj ect to the rights of holders of outstanding bonds of the
county.
12. Reduction for Closure. curtailment. Etc. of Existinq
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Facilities. If, after the effective date of this Tax Abatement
Agreement and during the term of the abatement period, UCC should
close, cease production, or demolish any or all of a facility that
was in existence on the effective date of this Tax Abatement
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Agreement, or take any other similar action that would have the
effect of reducing or deleting the value of the facility, or
portion thereof from the tax rolls that was in existence on the
effective date of this Tax Abatement Agreement, regardless of the
reason, then for the remaining term of the Tax Abatement Agreement,
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the eligible value for abatement allowed in this 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 e
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Board, shall not be construed as a reduction or deletion of value
for purposes of this limitation.
13. commencement and Termination Dates. The effective
date of this Tax Abatement Agreement .shall be the date that the
county executes this Tax Abatement Agreement with Union Carbide
corporation. The abatement granted in this Agreement shall apply
to all eligible improvements described in the Application (Exhibit
"1") and placed in the reinvestment zone after the effective date.
Taxes will be abated on eligible property for seven (7) consecutive
tax years commencing January 1, 1995. property'otherwise eligible
for tax abatement under this Agreement shall' be eligible for
abatement only if the property is placed or constructed. in the
reinvestment zone after the effective date of this Agreement, but
on or before December 31, 2000. Taxes will be abated for eligible
property in tax years 1995 through 2001, inclusive.
14. DescriDtion of proiect/Economic Life. The facili-
ties designated in the Application are part of ncc's chemical
manufacturing process at its Seadrift. Plant and specifically is
identified as construction of its EPR project with an economic life
of at least 21 years. The nature of the construction is more
completely described in the Application. construction will not
start until after the effective date of this Agreement and
completion of construction is estimated to occur in 1996. A
complete property description is contained in the Application,
15. Default. Notice. Cure. Termination. Etc. Should the
county determine that nec is in default in the performance of any
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of the terms or conditions of this Agreement, the County shall
notify UCC in writing at the address stated in this Agreement, and
if such default is not cured within 60 days from the date of
written notice, or within an approved extended curative time as
authorized by S7(a) of the county's Guidelines, this Agreement may
be terminated by the commissioners for cause.
15.1. Events of Default. The following shall be
considered events of default, should UCC:
15.11 Allow any of its ad valorem taxes owed
to the County to become delinquent' without
timely and proper protest and/or contest; or
15.12. violate any of the terms and condi-
tions of this or_any other Abatement Agreement
with the county or with any other taxing
jurisdiction that has granted UCC tax abate-
ment for any project that the county has also
granted tax abatement; or
15.13. Discontinue producing the product or
service 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 the product or service; or
15,14. violate any written term, covenant,
condition, agreement, or promise of gift or
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donation made by UCC to the County, although
such may be extraneous to this Agreement, and
even though same may be otherwise unenforce-
able; or
15.15. Make any material misrepresentation,
or omit any material fact either in the Appli-
cation or in the Tax Abatement Agreement.
(Material Misrepresentation or omission of a
material fact means a false statement or
omission about a material matter which induced
the Commissioners to take any specific. action
on the Application for Tax Abatement, and
without such mtsrepresentation, the Commis-
sioners would not have granted this Tax Abate-
ment Agreement, or would have taken some
action different than they actually did.)
15.2. Termination Retroactive. Termination of the Tax
Abatement Agreement for cause shall be ~etroactive to the effective
date of this Agreement. Termination shall be effected by resolu-
tion of the Commissioners and written notice of termination shall
be mailed to UCC.
15.3. Non Waiver. In the event the County fails to act
on or
enforce any element or breach that is identified as a
default, such failure to act shall not be a waiver of the county's
right to subsequently enforce the same default or any other prior
or subsequent default.
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15.4. Recapture of Taxes. On termination for cause, UCC
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shall then become liable for the payment of all taxes that would
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have otherwise become due but for this Abatement Agreement for all
calendar years during which the Abatement Agreement was in effect.
Such taxes shall be paid to the Calhoun County Appraisal District
to the credit of the county within 60 days from the date of receipt
of notice of termination. All such taxes shall include statutory
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penalty and interest from the date they would otherwise have become
delinquent, as if they had not been abated, until the date they are
actually paid.
15.5. Administration and Enforcement.- The administra-
tion and enforcement of this Agreement shall be in accordance with
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the terms contained herein and the Guidelines as adopted by the
Commissioners on June 13, 1994. In the event of any conflict in
the terms of this Agreement and the Guidelines adopted by the
commissioners, the provisions of this Agreement shall prevail,
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commissioners and their provisions shall prevail.
15.6. Assianment. This Agreement may not be assigned,
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either in whole or part, without the express written consent of
county. Any assignment is subject to the conditions contained in
the Guidelines and this Agreement.
Any attempt to assign this
Agreement, except as provided herein, shall be null and void.
16. TVDe of Leqal Entitv. Union Carbide Corporation is
a corporation, duly organized, validly existing, incorporated under
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the laws of the State of New York, and in good standing. UCC is
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duly qualified and in good standing under the laws of the state of
Texas and has all requisite power and authority to own and operate
properties and to carry on its business as now being or intended to
be conducted.
The name and address of the registered agent for
service in Texas is:
C. T. Corporation System
350 N. st. Paul Street, suite 2900
Dallas, Texas 75201
UCC shall notify the county within 60 days of any change in the
registered agent or status of the corporation.
17. Notices. Any notices required to be given hereun-
der, shall be given in writing as follows:
(a) county:
County Judge
Calhoun County Courthouse
211 S. Ann
Port Lavaca, Texas 77979
(b) UCC:
R. J. Cottle
Seadrift Plant Manager
Union Carbide Corporation
P. O. Box 186
Port Lavaca, Texas 77979
18. Reimbursement for Fees and Expenses. Within 30 days
from receipt of written notice, UCC will reimburse the County for
any expenses, directly or indirectly incurred by the county for
processing and approving the Application for Tax Abatement,
preparation and presentation of this Tax Abatement Agreement, and
any other expenses reasonably incurred by the County in any way
related thereto, including all expenses that may be incurred in
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enforcing or defending any term, covenant or condition contained in
this Agreement.
roo.
19. Indemnitv.
UCC hereby agrees to hold harmiess and
indemnify the County, each of its elected officials, all of its
servants, agents and employees, and any designee (a person or legal
entity designated to perform any function required under the
county'S Guidelines, or under the Tax Abatement Application, or by
the terms of this Tax Abatement Agreement) and the Calhoun County
Appraisal District, its officers, directors, servants, agents and
employees from the amounts of any and all liabilities, claims,
costs, judgements, penalties, interest, court costs and attorney
fees incurred by the county, each of its elected officials, all of
its servants, agents and_ employees, or any designee, and the
Calhoun County Appraisal District,
its officers, directors,
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servants, agents and employees in defense of any claims occurring
out of or in any way incident to processing the Application, or any
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other claim arising out of or incident to the terms, covenants and
conditions contained in this Tax Abatement Agreement, or arising
out of or in connection with the reinvestment zone, or the project
subject to abatement.
20. Incontestabilitv. At the option of the county, this
Agreement may be terminated, and all taxes that would have
otherwise been due but for this Abatement Agreement will become due
and payable within 60 days from date of written notice of the
amounts due and owing, including penalty and interest as provided
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in paragraph 15 of this Agreement if any of the following events
occur:
(a)
If uee should contest any term, covenant or
condition contained in this Agreement, or attempt to prevent or
negate the enforceability of any of such terms, covenants or
conditions; or
(b) If any third party, firm, corporation or other legal
entity should contest any term, covenant or condition contained in
this Agreement, and prevent or negate the enforceability of any of
such terms, covenants or conditions by final judgment in a court of
competent jurisdiction; or
(c) If any governmental agency should contest any term,
covenant or condition con~ained in this Agreement, and either by
enforceable regulatory order, or by final judgement of a court of
competent jurisdiction prevent or negate the enforceability of any
of such terms, covenants or conditions.
21. Assurances and Special conditions. The county and
UCC agree that the following assuranc~s, promises and conditions
are made by ucc expressly to induce the county to grant this Tax
Abatement Agreement and that without such assurances, promises and
conditions the county would not have granted this Tax Abatement
Agreement. uec hereby expressly makes and agrees to be bound by
the following representations, assurances, promises and conditions:
21.1.
Accuracv of Information.
That all information
contained in UCC's Application and furnished to the county for
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incorporation in this Tax Abatement Agreement is true, complete and
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correct.
21. 2. Authoritv to Siqn. That the person who signed the
Application for Tax Abatement Agreement on behalf of uee had
unrestricted authority to execute the Application, and that the
person signing this contract document on behalf of UCC has the
unrestricted authority to obligate uee to all the terms, covenants
and conditions contained in this Tax Abatement Agreement. By
acceptance of any of the benefits provided hereunder, uee has
authorized the execution and delivery of this Agreement and
represents that it is enforceable against UCC in accordance with
the terms of this Agreement.
21.3. eommence~ent of Construction. That construction
will not commence on any of the eligible improvements until after
this Tax Abatement Agreement is executed by the County.
21.4. Permits. That the project described in the
Application, and this Tax Abatement Agreement will not be con-
structed without first obtaining all necessary local, state and
federal environmental and construction permits, and that UCC will
abide by all conditions of the permits, laws and ordinances, rules
and regulations governing the construction and operation of the
project throughout its economic life.
21.5. All Conditions to be Performed. That uee will
abide by all conditions of this Tax Abatement Agreement and the
Guidelines adopted by the commissioners applicable to this
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Agreement.
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21. 6. Public Health and Safetv. That the planned use of
the property will not constitute a hazard to public health or
safety throughout the economic life of the project.
21.7. Reauired to Make Soecific Improvements, That ucc
will make the specific improvements to the property as described in
its Application.
(See Exhibit "I")
21.8.
Estimates/strict Compliance.
Estimates of the
cost and value of the project and the number of jobs retained or
created as a result of the project that are within 90% of actual
cost, value and number of jobs may be construed to be substantial
compliance.
Unless estimates are expressly authorized, strict
compliance is required.
21.9.
Enforcement of Environmental/Safetv Provisions.
In the event UCC is fined, or assessed a penalty by the Texas
Natural Resource. Conservation Commission (TNRCC) , the U. S.
Environmental Protection Agency, or any successor thereto, or by a
r court of competent jurisdiction for violation of any of its
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permits, any regulatory rule or regulation, or local, state or
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federal law, regulation or ordinance promulgated or enforced by the
TNRCC, the U. S. Environmental Protection Agency, or any successor
thereto governing or regulating the construction or operation of
the project that is the subject of this or any other Abatement
Agreement between the County and UCC, executed either prior or
subsequently to this Agreement or if by agreement, compromise or
settlement tlCC pays a fine, penalty or payment of any nature
related to any alleged violation for any of the foregoing, then in
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such event OCC shall pay the County an amount of money equivalent
to the amount of the fine, penalty or payment as an unrestricted
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donation to the County. OCC shall notify the County within 30 days
after any such fine, penalty or payment is assessed against it
relating to the construction- or operation of any portion or
component of the project subject to this or any other Abatement
Agreement between UCC and the county. The amounts due the county
under this paragraph shall be payable annually on or before January
31st for all such fines or penalties assessed against UCC or
payments made to such agencies to settle alleged violations in the
immediate preceding calendar year. This covenant shall remain in
effect throughout the economic life of the project.
22. .Information to Determine Compliance. OCC Covenants
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and agrees to provide within a reasonable time, not to exceed 30
days after written request, such information as may be required by
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the County or its designee, in order to determine compliance on
UCC's part of the terms of this Tax Abatement Agreement.
23. Value of proiect After Abatement. The estimated
value of the eligible property that is being abated will be
$90,000,000,00 on January 1, 2002.
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24,
Contract Terms and Conditions Survive Abatement:
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Period. Unless sooner terminated under other provisions hereunder,
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all other rights, duties and obligations contained in this
Agreement shall continue in full force and effect until all taxes
levied in each of the seven (7) years in which an exemption applied
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under this Agreement are fully paid by OCC, and all other covenants
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and conditions have been fulfilled.
Provided, however, that no
extension of the abatement period shall occur as a result of this
Agreement beyond the 2001 tax year, it being the intent of the
parties that seven (7) years is the limit of abatement granted.
25. Miscellaneous. The following additional provisions
are included and are made express conditions of this Tax Abatement
Agreement in order to carry out the intent and purposes of the
county's Guidelines, or to address any special problems or needs
arising out of the uniqueness of the project, the Application, or
ucc:
25.1.
Aqreement Survives Reinvestment Zone.
It is
specifically understood and agreed that the designation. of the
reinvestment zone in whic~ the eligible property described in this
Tax Abatement Agreement is located is valid for a period of five
years from September 16, 1994, unless subsequently extended. The
fact that the designation of the reinvestment zone may expire
before this Agreement terminates shall not effect the terms and
conditions of this Agreement.
25.2.
pavment of Taxes.
During the term of this
Agreement, UCC's taxes shall be payable as follows:
25.21. The value of any ineligible property as described
in Section 2(g) of the county's Guidelines adopted on June 13, 1994
shall be fully taxable.
25.22.
The base year value of existing property not
otherwise eligible for tax abatement as determined each year shall
be fully taxable; and
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25.23. The additional value of new eligible property in
the reinvestment zone shall be taxable subject to the exemptions
provided in Paragraph 11 above.
25.3. Conflicts of Law. This Agreement shall be
governed by and construed in accordance with the laws of the state
of Texas, without regard to its conflicts of law rule.
25.4. severabilitv. At the option of the County, the
invalidity of anyone or more covenants, phrases, clauses,
sentences, paragraphs or sections of this Agreement. shall not
affect the remaining portions of this Agreement or any part hereof,
and in case of any such invalidity, this Agreement may be construed
as if. such invalid covenants, phrases, clauses, sentences,
paragraphs or sections we~e not included.
25.5. Subtitles. The use of subtitles in this Agreement
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.
25. 6. Place of Performance. This Agreement, in its
entirety, shall be performable in Calhoun County, Texas. As part
of the consideration for entering into this Agreement, both County
and UCC agree that any litigation to construe or enforce the terms
and conditions of this Agreement shall be brought in the state
Courts of Calhoun County, Texas.
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25.7.
Acceptance bv UCC.
By acceptance of this
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Agreement and/or any benefits conferred hereunder, UCC represents
F:.
that its undersigned agent has complete and unrestricted authority
; to enter into this Tax Abatement Agreement and to obligate and bind
f' ucc to all of the terms, covenants and conditions contained in this
Agreement. UCC agrees to be bound by all assurances and commit-
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ments contained in the Application dated September 7, 1994, the
Guidelines and criteria as applicable, and the specific terms,
covenants and conditions contained in this Tax Abatement Agreement.
25.8. Approval bv Commissioners. This Agreement, in its
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entirety, including authority to execute it in this form, has been
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approved by the Commissioners, in a regular meeting of the
commissioners, after due notice as required by law, and pursuant to
Resolution duly adopted by the Commissioners by a majority vote of
the commissioners Court.
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25.9. Bindina Effect. This Agreement, in its entirety,
shall be binding upon all the parties hereto, their respective
successors and/or assigns.
EXECUTED IN MULTIPLE ORIGINALS on the 10th day of
October, 1994, to be effective immediately.
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COUNTY:
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COMMISSIONERS COURT
CALlIOUN UNTY, TEXAS
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ATTEST:
~f1AJ2p/11Y r?~
Marlen Paul, County Clerk
UCC:
UNION CARBIDE CORPORATION
By: .
R. J /Cot
in Fact (
atta'ched)
f .
e, Agent and Attorney
ower of Attorney
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UNION CARBIDE CORPORATION
POLYOLEFINS OIVISION
September 7, 1994
The Honorable Howard G. Hartzog
County Judge
Calhoun County Courthouse
Port Lavaca, Texas 77979
Re: Application' for Renewal of
Designation of Reinvestment Zone
and Application for Tax Abatement
Aqreement
Dear Judge Hartzog:
Please accept this'as the combined application of Union
Carbide Corporation to renew the designation of Union Carbide
Corporation Reinvestment Zone previously designated by the
Commissioners Court of calhoun County, Texas on June 13, 1988,' and
an application for tax abatement. .
RENEWAL OF DESIGNATION OF
UNION CARBIDE CORPORATION REINVESTMENT ZONE
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1. The designation of Uni~n Carbide Corporation
Reinvestment Zone expired in 1993. Union Carbide Corporation
requests the commissioners Court of Calhoun County to renew the
designation of Union Carbide Corporation Reinvestment Zone,
consisting of three parcels of land with a total of 2615.509 acres,
more or less. This is the same acreage previously designated as
Union Carbide Corporation Reinvestment Zone by the Commissioners
Court on June 13, 1988. A metes and bounds description of the
2615.509 acres is attached to this application, marked Exhibit "E".
A map of the reinvestment zone is also attached, marked Exhibit
nAil.
2. The area that will comprise the reinvestment zone is
where the present Union Carbide Corporation - Seadrift Plant is
located. Union Carbide Corporation seeks to make additional
improvements within the proposed reinvestment zone, which are
feasible and practical.
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3. The renewal of the designation would be a benefit to
the land to be included in the reinyestment zone, and to the county
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951
September 7, 1994
Page 2
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4. The area comprised in the reinvestment zone will be
reasonably likely, as a result of the renewal 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 would contribute to the economic development of
the county.
Union carbide Corporation requests that the Commissioners
Court give notice of this application, as required by law and the
County's Guidelines, and that after public hearing the
Commissioners Court renew the designation of Union Carbide
Corporation Reinvestment Zone.
APPLICATION FOR TAX ABATEMENT AGREEMENT
1.
improvements
Reinvestment
Kind,
to be
Zone:
number and location of all the proposed
located in union Carbide Corporation
a. Raw Material Handlinq/Unloadina' - These facilities
will consist of one totally enclosed raw material
unloading building for transfer of one raw material to
process storage. The remaining facility will be for
unloading and transfer of another raw materiaL This
unloading will occur. at an outside unloading rack. Both
systems are for unloading raw material by railcar.
b. Raw Material Supplv and Storaae - These facilities
will consist of a series of tanks for storage of small
quantities of raw materials. The raw materials are then
pumped and metered into the reaction area for production
of EPR (Ethylene-Propylene Rubbe'r) compounds. All of the
storage tanks are vented to the flare.
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c. Reaction Area - One liquid stream and one gaseous
stream are received by pipeline and are metered to the
reaction system. Four liquid raw materials are received
by various containers (railcars, tank trucks, etc.)(a-b
above]. These liquids are then metered into the reaction
system. Catalyst is received in cylinders and
transferred to a holding tank in the reaction area.
All of the raw materials are mixed in the gas phase
reaction system to produce a wide range of EPR products.
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The products are then removed through a product discharge
system and transferred to the monomer recovery and
purging systems.
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September 7, 1994
Page 3
d. Monomer Recoverv Area - These facilities consist of
a number of tanks to recover gas from the product, The
gas is then compressed and recycled back to the reaction
system. There are two systems, one for each monomer that
is recovered.
e. PolYmer Purainq Area - This area consists of a series
of bins to purge the monomer from the polymer and to
condition the polymer with stabilizing additives.
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f. Product Storaqe. Packaqinq, and Distribution - This
area includes storage bins for receipt of the product
from the purging area. The product is then transferred
from the storage bins and loading into 25Kg bags and
palletized for loading and shipment on. trucks. The
facilities include bagging line storage bins and a
warehouse to hold the minimal amount of bags before truck
loading and shipment.
g. EPR Sunnort Facilities - The equipment/buildings in
this area are the control room for control of all the
process equipment and analysis of the product. other
equipment in this area include a Motor control Center
(HCC) to house the electrical gear needed to operate the
motors in the process.
h. silica Storaae. Flare - Another facility modification
to be added is a silica storage tank to accommodate the
increased production of catalyst supply for the EPR unit.
A flare for efficient destruction of waste gas streams
will be added to Block 28.
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1. Location of the Improvements - Location of proposed
improvements is shown on the attached plant maps, Exhibit
"C" and "D".
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2. The use of the property is consistent with the
general purpose of encouraging development or redevelopment of the
reinvestment zone during the period the property tax exemptions are
in effect. Please refer to the explanation of the project
described in Item 1 for a narrative statement of the uses of the
property in the reinvestment Zone. The new facilities and
modification to the existing facilities will be located within the
proposed reinvestment zone. Exhibit A shows the entire
reinvestment zone, Exhibit B is a non-detailed layout of the
improved area where the reinvestment will occur, Exhibit C details
Exhibit A, and Exhibit D specifically shows the major portion of
the details involved in our union Carbide Block 14. The proposed
use is consistent with the existing use of the property, and the
new facilities and modifications will encourage further development
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953
September 7, ~994
Page 4
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3. Maps showing the existing use of the reinvestment
zone can be found in Exhibits A, B, C, and D. The location for the
improvements is shown as EPR project, new flare, .and new silica
storage tank location. Exhibit D shows the new facilities to be
placed in Block 14. The block is currently nonutilized, except
for storage of equipment. This storage will be moved to other
nonutilized areas.
4. The new value that will result from the expansion and
new improvements to be undertaken is estimated to be
$94,000,000.00.
5. Union Carbide Corporation estimates that 60 new jobs
will be created as a result of the new improvemenes.
6. The estimated start of construction w~ll be June 1,
1995. The construction period will las:t about 14.5 months, with an
estimated completion date of August 15, 1996. Initial operation is
expected one month after construction completion. Improvements to
be completed in 1995 will be $56,000,000.00, with the remainder
completed in 1996. -
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7. Following is a general written description of the
nature and extent of the expansion and new improvements to be
undertaken:
The proposed project is a new business for
Union carbide. The process will utilize Union
Carbide's gas phase technology to produce
Ethylene-Propylene Rubber (EPR). The majority
of the revisions will reside in Block 14 of
the Seadrift Plant. Facilities for handling
of the incoming raw material, reaction of the
monomers, purging, storage and packaging will
be constructed in this block. The process
will produce 200,000,000 pounds per year of
polymer. The EPR markets are roofing
products, hose and belting, weather stripping,
and tire sidewall. Additional catalyst
facilities will be added to support production
at the new EPR unit.
8. A legal description of the reinvestment zone where
all the improvements will be located is attached, marked Exhibit
"Elf..
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Page 5
9. On January 1, 1994, the value of the land in the
reinvestment zone was $5,392,626.00, and the value of the
improvements in the reinvestment zone on that date was
$396,675,000.00. There has essentially been no changes in value in
the reinvestment zone either in land or improvements since January
1, J.994' to the date of this application. The value of any existing
facilities within the reinvestment zone will not be deleted or
diminished as a result of this project.
10. Union Carbide Corporation is well known to the
Commissioners Court of Calhoun County. A financial statement or
other data suggested in not offered at this time. Union Carbide
will supply such information upon request.
11. Union Carbide Corporation estimates that the
property value subject to abatement will be $90,000,000.00 on
January 1 immediately following the end of the abatement period.
12. Union Carbide Corporation makes the following
assurances to the Commissioners Court:
a. That all the information contained in this
application is true and correct.
b. That the person signing this application on behalf of
Union Carbide Corporation has unrestricted authority to
execute this application and contract documents on behalf
of Union Carbide Corporation, and has the unrestricted
authority to obligate Union Carbide Corporation to all
the terms, covenants and conditions that will be
contained in the tax abatement agreement. (See Power of
Attorney, Exhibit "F").
c. That construction will not commence on any of the
eligible improvements until a tax abatement agreement has
been executed with the county, which is the designating
authority.
d. That the project will not be constructed without
first obtaining all necessary local, state and federal
environmental and construction permits, and that Union
Carbide Corporation will abide by all conditions of the
permits, law and ordinances, rules and regulations
governing the operation of the project throughout its
economic life.
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e. That Union Carbide Corporation will abide by all
conditions of the tax abatement agreement and the
guidelines and criteria adopted by the Commissioners
Court applicable to the agreement.
955
September 7, 1994
Page 6
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f _ That the planned use of the property will not
constitute a hazard to public health or safety throughout
the economic life of the project.
g. That Union Carbide Corporation will make the
improvements to the property as described
application.
specific
in this
h. That the project will have an economic life of at
least 21 years after completion.
1. That the estimates of the cost and value of the
project and the number of permanent jobs created as a
result of the project will not be less than 85% of the
actual cost/value of the project and actual number of
permanent jobs.
13. Union Carbide Corporation is a New York Corporation,
with a certificate of authority to do business in 'Texas. Thename
and address of the registered agent for service in Texas is
C. T. Corporation System
811 Dallas Avenue
Houston, Texas 77002
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union Carbide corporation shall notify the county within
60 days of any change of the registered agent or status of the
corporation.
14. The name, title .and address of Union Carbide
Corporation's representative for purposes,of giving notice is:
R. J. Cottle
Seadrift Plant Manager
P. O. Box 186
Port Lavaca, Texas 77979
15. Union Carbide Corporation waives all rights to
confidentiality with regard to the contents of this application for
tax abatement otherwise granted under TEX.TAX CODE ANN. 3312.003.
16. Union Carbide Corporation agrees to pay all legal
fees and any other expenses that the County incurs in reviewing,
processing and acting on this application.
17. Union Carbide Corporation requests that the
Commissioners Court approve this application, and grant it tax
abatement for a term of 7 years, with the percent of exemptions,
including residency incentives to be the same as provided in
Section 3 of the County's Guidelines and criteria for Granting Tax
Abatement in Reinvestment Zones Created in Calhoun County_
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September 7, 1994
Page 7
On behalf of Union Carbide corporation, I respectfully
request the Commissioners Court to give the appropriate notices,
conduct its public hearings and give favorable consideration to the
granting of this application for renewal of designation of Union
Carbide Corporation Reinvestment Zone and Tax Abatement Agreement.
Yours truly,
Union Carbide corporation
Manager
POSSffiLE EXPANSION OF DOW CHEMICAL COMPANY SEADRlFT
OPERA nON SITE - LETTER OF SUPPORT
A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to
authorize the County Judge to sign a Letter of Support regarding expansion of Dow
Chemical Company Seadrift Operations site,
In discussion, Bob Walker, with Dow Chemical Company, said Dow now has facilities in
Freeport, Texas City and Seadrift, Both Seadrift and Texas City have, in terms of world
competitive size, small hydrocarbon crackers, In both plants, the age of the facility has to
be considered and the technology is in need of replacement. A decision was made to shut
down one of the plants and replace it with a new hydrocarbon cracker by 2004, either in
Seadrift or Freeport, The impact on the Seadrift site is (1) provides ethylene (raw
materials) and insures financial stability of the Seadrift Operation, (2) if the cracker is
obtained, it still would not be bottlenecked in terms of expansion, and (3) there is support
of hydrocarbon businesses in the Dow plants which is headquartered in Houston and they
will work with Dow in their selection studies and the advantages of expansion which
would be 2 1/2 times the size of our present hydrocarbons unit. The decision has not yet
been made - the costs in regard to the site and the support of the Court and County will
playa large part in the decision,
Commissioner Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor of
the Motion,
957
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March 18,2002
Mr, Bob Walker
Vice President Director of Operations
DOW Chemical Company
Seadrift Operations
P,O, Box 186
Port Lavaca, Texas 77979
Dear Mr, Walker:
We, the undersigned authorities, are desirous of a continued prosperous relationship with
the DOW Chemical Company and are very excited about the possible expansion at DOW's
Seadrift Operations site, As confirmation of our unified regional support for the expansion project,
we offer with enthusiasm any assistance or information you may require to attain this goal,
City, County, State officials and our community members support sustainable
development for industry and incentives to achieve financial security for our workforce and
economic stability. We have enjoyed a mutually beneficial relationship with petrochemical
industries for generations, DOW and your predecessor, Union Carbide, have been good neighbors
for 50 years and we recognize that the plant has played a vital part in our economic security,
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The Seadrift Operations site offers air quality attainment, highway infrastructure,
waterways and raiL Calhoun County offers low tax rates and a supportive and cooperative
atmosphere for future growth and success,
We urge you to consider the planned expansion in Calhoun County and to allow us to
assist in any way possible to bring this opportunity to fruition,
Respectfully yours,
CALHOUN COUNTY
:z:;~
Helen R. Walker, County Judge
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State Representative Geanie W. Morrison
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958
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March 18, 2002
Mr, Bob Walker
Vice President Director of Operations
DOW Chemical Company
Page Two
. CALHOUN COUNTY I.S.D.
VICTORIA 1,5,0,
~ ~-dL-
Ron Peace, Superintendent
(
ichols, Superintendent
WEST SIDE CALHOUN COUNTY
NA VIGA nON DISTRICT
VICTORIA COUNTY
NA VIGA N DISTRICT
7tI~~~r
Walter Pilgram, " Chai an
Lee Swearingen, Chai
CALHOUN COUNTY
NA VIGA nON DISTRICT
CITY OF VICTORIA
~I ~~ ,.Jd 10 (4<~
Roger G. artinez, Board Chai '
GUADALUPE BLANCO RIVER
AUTHORITY
VICTORIA ECONOMIC
DEVELOPMENT CORPORATION
fi~~
B~s ,General Mana r
e~
CITY OF PORTLAVACA
VICTORIA CHAMBER OF
~7JJllA':ARFA
binson, President
Q~~,O~
Mayor Alex H. Davila
CITY OF POINT COMFORT
@~ cLt;.L/
Pamela Lambden, Mayor
959
March 18, 2002
Mr, Bob Walker
Vice President Director of Operatiom
DOWChernica/ Company
Page Three
CITY OF SEADRIFT
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Billy Eze , r
PORT LAVACA.CALHOUN COUNTY
CHAMBER OF COMMERCE AND
AGRICULTURE
BURLINGTON NORTHERN AND SANTA FE RAILWAY CROSSING IN BOYD
AND SIKES ROADS
Ray Herman, Manager of Engineering with Burlington Northern and Santa Fe, addressed
the Court, He is project manager of the installation of railroad grade crossings in Boyd
and Sikes Roads, etc,
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They received permission in January 2001 from the Service Transportation Board to
move forward with the project and they have been working with the Drainage Districts,
Construction has already begun on the 7,8 mile serpentine line which follows property
lines, There will be grade separation construction at Highway 35 and Highway 87, Train
operations are expected to begin in June 2003, The two proposed county road crossings
are on:
(1) Boyd Road - 1 mile from Hwy, 1679 with a designated speed of35 mph,
increased elevation with 3 1/2% runoff and 16 feet wide,
(2) Sikes Road - will relocate ditch and put in the bridge with a designated speed
of30 mph,
The road commissioners will examine the roads,
Mr. Herman mentioned several types of lights and asked the County's preference, They
h~ve ,not worked ~th the lo~al Rural Rail Transportation District but the Drainage
Dlstncts have been III touch wIth them, They have not looked at the crossing at Foester
Road but will do so,
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He anticipated two trains a day; one in and one out with speed not to exceed 20 mph,
This agenda item was put on March 28, 2002 Agenda for action by the Court,
960
BURLINGTON NORTHERN AND SANTA FE RAILWAY - CONSTRUCTION
AND PROCEDURES DURING INSTALLATION OF RAILROAD CROSSINGS
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Ray Herman, with Burlington Northern and Santa Fe Railway Company, said the
contractors involved on construction on Boyd and Sikes Roads will comply with all
regulations and restrictions and any damages will be repaired, There will be joint
inspection at all times during construction, They will work with all emergency services
regarding emergency response, They will not do partial shutdown of roads; they will
shut down the road all day for surfacing and will provide adequate protection of traffic,
He is available as liaison; notify him immediately of any problems or questions,
The Court will take action on this agenda item on March 28, 2002,
MEMORIAL MEDICAL CENTER - MONTHLY FINANCIAL REPORT
Saad Mikhail presented the following monthly report for Memorial Medical Center.
MEMORIAL MEDICAL CENTER
YEAR-TO-DATE SUMMARY
JANUARY 31,2002
OPERATING REVENUE
LESS:
OPERATING EXPENSES
1,825,700
(1,564,615)
261,085
CHANGE IN INVESTMENT:
-_ Accounts Receivable- (437,686)
(Incr) Deer
Accounts Payable- 83,349
Incr (Deer)
Prepaid Expense- (12,355)
(Incr) Deer
Inventory (13,314)
(Iner) Deer
(380,005)
TOTAL INVESTMENT CHANGE
(INCR) DECR (118,920)
PLUS:
Depreciation 130,934
Contribution to the County 0
12,014
PLUS:
e County Subsidies (EMS) 137,592
Total Cash- 149,606
Incr (Deer)
LESS:
Equipment Purchases
(15,250)
NET CASH- INCR (DECR)
134,356
961
DESCRIPTION
,NUARY
Dialysis Chairs - 11 ( Dialysis)
Shelving Unit - ( Health Infonnatlon )
3 Ton AIr Handler ( MMP - Dr. Rupley)
SUBTOTALS
GRAND TOTALS
962
MEMORIAL MEDICAL CENTER
CAPITAL EQUIPMENT ADDITIONS
FOR FISCAL YEAR 2002
EQUIPMENT
AMOUNT
$ 11,108,92
2,568,14
$ 13,675,06
$ 13,675.06
$ 13,675,06
BUILDING
IMPROVEMENTS
HOSPITAL
$
PAGEl
MEMORIAL
MEDICAL
PlAZA
$ 1,575,00
$ 1,575.00
$ 1,575,00
S 1,575,00
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CALHOUN COUNTY, TEXAS
COUNTY TREASURER'S REPORT MONTH OF, "JANUARY 2002
BEGINNING ENDING
FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE
MEMORIAL MEDICAL CENTER. ,-,
OPERATING $459,092.46 $1,752.453,26 . SI,6J8,957.47 $572,588,25
MEMORIAL 15,677.21 31.56 0.00 15,708,77
RESTRICTED DONATION 12,915.93 26,00 0.00 12,941.93
INDIGENT HEAL THCARE 74,870.35 0.00 73,795.74 1,074.61
CERTIFICATES OF OBUG INT & SKG 36,83 0.00 0,00 36,83
$562,592,78 $1,752,510,82 $1,712,753,21 $602,350,39
CALHOUN COUNTY, TEXAS
COUNTY TREASURER'S REPORT MONTH OF: 'JANUARY 1001
BANK RECONCIL/A TlON
LESS: CERT, '. .
FUND OF DEPOSIT PLUS: CHECKS BANK
FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE
MEMORIAL MEDICAL CENTER. 232,839.38 805,427,63
OPERATING 572,588,25
MEMORIAL 15,708.77 15,708,77
RESTRICTED DONATION 12,941.93 12,941.93
INDIGENT HEAL THCARE 1,074,61 1,074,61
CERT OF OBUG INTEREST & SlNKlNG 36,83 36.83
3
963
MEMORIAL MEDICAL CENTER
PORT LAVACA, TEXAS
PHYSICIAN'S ANALYSIS REPORT
JANUARY 31,2002
YTD YTD YTD
REVENUE CONTRACTUAL WRITE-OFF NET REVENUE e.
NAME MONTH YTD AMOUNT AMOUNT GENERATED PERCENT
APOSTOL, C.F. 124,204.47 124,204.47 65,111.64 7,576.47 51,516,36 41%
WILLIAM, GA 88,053.21 88,053.21 39,057.24 5,371.25 43,624,72 50%
UN, M.S, 165,168,56 165,168,56 56,240,44 10,075,28 98,852,83 60%
SMITH, J.K, 99,158.09 99,158.09 13,572,96 6,048,64 79,536.48 80%
PENTECOST, L,V. 8,779.13 8,779.13 1,894.29 535,53 6,349,31 72%
MCFARLAND, T.R, 245,614.45 245,614.45 68,571.74 14,982,48 162,060,23 66%
GRIFFIN, JEANNINE 20,082.26 20,082,26 7,769.69 1,225.02 11,087.55 55%
BUNNELL, D,P, 415,955.10 415,955,10 139,489.52 25,373,26 251,092,32 60%
ROLLINS, L. 119,370.49 119,370.49 56,835,74 7,281.60 55,253,15 46%
ARROYO-DIAZ, R. 174,737.75 174,737.75 63,721.85 10,659,00 100,356,90 57%
GILL, J, 92,234~64 92,234.64 19,505.26 5,626,31 67,103,07 73%
0.00 0.00 0.00 0,00 0.00 0%
CUMMINS, M, 45,099.74 45,099.74 6,395,95 2,751.08 35,952,71 80%
RUPLEY, M, 29,642.15 29,642,15 4,205,96 1,808,17 23,628.02 80%
LEE,J 73,578,08 73,578,08 32,391.62 4,488.26 36,698.19 50%
LE, NHI 119,983,57 119,983,57 64,670,96 7,319,00 47,993.61 40%
CARAWAN, S. 203,895.45 203,895.45 33,772.11 12,437.62 157,685,72 77%
STEINBERG, R. 10,595.47 10,595.47 138,69 646.32 9,810.45 93%
RAMOS LABORATORY 2,064.94 2,064.94 0,00 125,96 1,938.98 94%
VISITING PHYSICIANS 116,382.62 116,382.62 34,692,97 7,099,34 74,590.31 64%
ER PHYSICIANS 345,044.13 345,044.13 51,874.40 21,047,69 272,122.04 79%
NO LOCAL PHYSICIAN 10,933,50 10,933,50 164.74 666.94 10,101.82 92%
OTIfER 546,119,61 546,119,61 76,090.33 33,429,04 436,600,24 80% --
TOTAL 3,056,697.39 3,056,697,39 836,168,10 186,574,28 2,033,955.01 67%
MEMORIAL MEDICAL CENTER - TRANSFER TO OPERATING FUND
A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to
authorize a transfer to Memorial Medical Center Operating Fund in the amount of
$206,3888, (114 of the amount budgeted for the year) to be made on April 1, 2002.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
MEMORIAL MEDICAL CENTER - TRANSFER TO EMERGENCY MEDICAL
SERVICES ACCOUNT
To justify the amount requested to be transferred to Memorial Medical Center for the
Emergency Medical Services account and made on April 1, 2002, Mr, Buzz Currier,
Hospital Administrator, asked that the Court go back to January (first quarter) when the
hospital stated the billing charges are not adequate to cover hospital expenses the hospital
has regarding EMS. They used the allocation system by taking the number of
departmel).ts which provide direct support to EMS and used a salary percentage, They
determined EMS is 9 \1,% of the overall hospital budget, Using this, EMS expenses for
the first quarter would be $87,102,74; they would like this to be a consideration as there
was a $89,494, deficit in January and February,
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Commissioner Floyd stated there were two funds set up:
(1) $825,600 to offset operating expenses of the hospital (quarterly payment of $206,400
just approved)
(2) $651,000 for contribution to offset EMS deficit.
964
These amounts were paid last year, Actual annual expenditures for last year were about
$514,000 which left a credit of $137,000, There is still that carryover from 2001. In the
year 2002, you are just transferring funds to set up a subsidy to be used for the hospital.
Mr, Currier said the budget was based on both the $825,600 and the $651,000, They had
budgeted a $651,000 subsidy for EMS for 2001 and projected the same for the 2002
budget,
Commissioner Floyd said he thought the $121,000 payment to EMS agreed on IS
justifiable but not the other.
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Mr, Currier said he is requesting $87,000 for the first quarter and $162,000 for the second
quarter to be paid perspectively for a total of $249,000, Commissioner Floyd asked if
administrative costs were included with EMS when the budget was developed in August
2001. Mr, Currier replied that the entire budget was good but he will have shortfalls if
you take away $651,000,
The Court discussed the figures on administrative costs, subsidies and EMS costs with
Mr, Currier and Mr, Mikhail. Commissioner Floyd said the issue is understanding these
finances, Commissioner Finster asked if $85,000 budgeted for the hospital included
administrative costs billing for EMS? Mr, Currier said it was the surcharge; if $651,000
was there when budgeted, we would not need the 15%, Commissioner Balajka said
$136,700 was a carryover in 2001 from $651,000; he would like to see on paper where
that $136,000 went. Mr, Mikhail said it went to overhead and the Plaza, Mr, Currier said
it went where it was necessary to go; the money is co-mingled to keep the hospital
financially viable,
A Motion was made by Commissioner Floyd and seconded by Judge Marshall that we
authorize transfer to Memorial Medical Center, effective April 1, 2002, the sum of
$121,000 for Emergency Medical Services for the second quarter of this year (to July 1,
2002),
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In discussion, County Auditor Ben Comiskey stated the hospital budget was prepared
based on receiving both of these subsidies; if they don't receive these, their budget will
need to be reduced in some departments, You are reducing their budget revenues
$128,000 for the year, He suggested if this was done, the hospital needs to redo the
budget and reduce it by $128,000.
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor of
the Motion,
Memorial Medical Center Board of Trustees present at this meeting were Robert Artere,
Bob Bonar and Larry Korenek.
EMERGENCY MEDICAL SERVICES - TRANSFER RESPONSmn..ITY TO
COMMISSIONERS' COURT
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Mr, Buzz Currier, Hospital Administrator, stated the Hospital Board feels the Emergency
Medical Services situation is awkward, Either the Court of the Hospital Board should
have complete control. The Board has no objection to the Court having full
responsibility, If the Board has full responsibility, they are ready to respond to this and it
will be treated as any other department of the hospital and prioritized as such,
Commissioner Floyd asked Mr, Currier to recant for the Court a Motion which was
passed unanimously by the Hospital Board, Mr, Currier said it was to transfer full
responsibility of EMS to the Court, He said they feel it awkward to have full
responsibility without authority, They would be treating EMS differently than any other
department and it would inhibit their ability to manage it properly and the Board
concurred,
Commissioner Finster asked if the hospital will still do the billing, Mr, Currier said it
would be farmed out so .there would be no confusion, Commissioner Floyd asked if it
~65
would be at 15% of the total costs, Me, Currier replied that the costs of running EMS is
part of the 15% billing,
Commissioner Galvan felt it is a mistake for the Court to take over EMS; a disservice to
the community.
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Commissioner Floyd said the Hospital board has taken action for the County to take over
the EMS as the hospital is in severe financial condition and they would not have to focus
on EMS, a separate issue, The budget and allocation for EMS will be a non-issue, He
did not share Commissioner Galvan's opinion, Commissioner Galvan said the Board
apparently feels threatened by some Court members that they can't run that department
efficiently without total supervision, EMS should be under the supervision of the
hospital. Judge Marshall felt patient care is our first priority; the hospital is in that
business, Commissioner Balajka asked what the Board does in relation to medical
toward the EMS; he said they administrate over them but don't tell them how to run their
business,
Me, Currier would like for the County to take over EMS but felt the County is not really
qualified. Medical Director, Doctor Bunnell, is against EMS being located in the hospital
but he gave no indication as to the other,
Commissioner Finster said he has been on the Court when it was both ways, He thought
something has to change; the Court has never given medical direction to EMS, only
administrative, He hoped the environment would change and we can move on, Everyone
supports the hospital and EMS,
Board Member Larry Korenek stated there has been a lot of controversy and he felt they
should move on,
A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to
transfer full responsibility and authority of Emergency Medical Services to the Calhoun
County Commissioners' Court effective July 1,2002, Commissioners Floyd, Finster and
Balajka voted in favor of the Motion, Commissioner Galvan and Judge Marshall voted
against.
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MEMORIAL MEDICAL PLAZA - TRANSFER TO THE COUNTY
Commissioner Floyd suggested a Special Meeting with the Hospital Administrator be set
up on the question of transferring Memorial Medical Plaza to the County and the item be
passed until advised,
MEMORIAL MEDICAL CENTER - NUMBER OF MEMBERS ON THE BOARD
OF TRUSTEES
Judge Marshall stated currently the Memorial Medical Center Bylaws state there can be
up to nine members on the Hospital Board of Trustees; the Bylaws were changed in
January, Commissioner Galvan would like for each member of Commissioners' Court to
appoint one member for a total of five, Commissioner Floyd said the term needs to be
established,
This provides for turnover on the Board for new ideas, He requested additional time to
study this but suggested reducing the number of board members, Judge Marshall said
members need to be appointed in March; consider the number of members and determine
how to do this,
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This agenda item was tabled to March 28, 2002,
MEMORIAL MEDICAL CENTER BOARD OF TRUSTEES RE-
APPOINTMENT
A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to
re-appoint Bob Bonar and Larry Korenek to Memorial Medical Center Board of Trustees
966
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and to not fill the position being vacated by Frank Diebel. Commissioners Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in favor.
COASTAL-IMPACT ASSISTANCE PROGRAM PROJECT GRANT
CONTRACT WITH G&W ENGINEERS. INC.
David Gann with G&W Engineers, Inc, stated the Professional Engineering Services
Agreement has to be approved by Commissioner' Court, This will be handled through
the County, The application was submitted by the City of Port Lavaca but the grant
comes to the County, there is no cost to the County. Barbara Gibson with the City
stated that everything is handled by the Port Commission.
A Motion was made by Commisisoner Floyd and seconded by Commissioner Galvan to
enter into a Contract with G&W Engineers, Inc, regarding the Texas General Land Office
Coastal-Impact Assistance Program Project Grant and authorize the County Judge to
sign, Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
PROFESSIONAL ENGINEERlliG SER...\ClCES AGREEMENT
CALHOUN COUNTY (hereinafter called CLmNT) engages G & W ENGINEERS, INC.,
205 W, Live Oak St., Port Lavaca, Texas 77979 (hereinafter called ENGINEER) to perform
professional engineering services for the following assignment:
WEST PENINSULA EROSION CONTROL AND WETLAND PROTECTION PROJECT
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA170Z2174
.01
SERVICES:
ENGINEER agrees to perform professional services in phases and in accordance with the
following descriptions, definitions, terms, and conditions,
a. Preliminary Phase
Upon receipt of authorization from CLIENT to proceed, ENGINEER shall perform
the following services,
I, Meet with CLIENT (and other interested parties) to discuss the assignment,
2, With the assistance of CLIENT, research, investigate, gather, and utilize
CLIENT's existing data, and provide, if deemed necessary, any surveys of
existing rights-of-way, topography, utilities, and/or other field data in order
to generate preliminary Drawings,
3, Consult with and advise CLIENT as to the necessity of obtaining subsurface
investigations, such as soil borings, investigations and tests, which, in the
opinion of ENGINEER, are deemed necessary for the completion of the
preliminary phase,
Generate a preliminary project layout and present to CLIENT for review and
comment. Said layout shall be in sufficient detail to clearly indicate potential
problems and possible solutions, and shall also include a Preliminary
Conceptual Opinion of Probable Construction Cost.
4,
5,
Upon receipt of the preliminary review comments from CLIENT (if any),
begin generating the Preliminary Contract Documents, which consist of the
Construction Drawings, the Bidding Documents, and appropriate Technical
Specifications,
6, Submit the Preliminary Contract Documents to CLIENT for review and
comment.
7, Assist CLIENT in any required coordination with regulatory agencies during
Preliminary Phase,
Upon the completion of all the above described items, the Preliminary Phase of this
Agreement shall be deemed as complete,
967
Page laf6
RleI2196..039
b.
Design Phase
Upon receipt of authorization from CLIENT to proceed, ENGINEER shall perfonn
the following services.
1, Establish the scope of and arrange for any additional soil borings,
investigations and tests, which, in the opinion of ENGINEER, are deemed
necessary for the completion of the assignment.
2. Begin finalizing the Contract Documents by incorporating any comments
received from CLIENT (if any) into the Documents,
3, Submit to the Texas Department of Licensing and Regulation the project
design for review and approval,
4. Incorporate any comments received from the regulatory agencies (if any) into
the Final Contract Documents.
5, Prepare a Final Conceptual Opinion of Probable Construction Cost
(Proposal), including any deductive alternatives, where feasible, in order to
simplify the reduction of the base bid for construction if it exceeds the
available funding,
6,
Submit the Final Contract Documents to CLIENT for review and approval,
7, Assist CLIENT in any required coordination with regulatory agencies during
Design Phase,
Upon receipt of approval from CLIENT for the Final Contract Documents. the
Design Phase of this Agreement shall be deemed as complete.
c, Construction Phase
Upon authorization from CLIENT to proceed, ENGINEER shall perfonn the
following services.
1, Assist CLIENT in the Advertisement of Bids for the construction of the
Project, including making the required quantity of Contract Documents,
maintaining a List of Plan Holders, and answering Bidder's questions.
2, Conduct Pre-Bid Conference, if deemed necessary.
3, Incorporate any revisions resulting from Pre-Bid Conference (if any) into
Contract Documents via transmitting an Addendum to each Plan Holder.
Assist CLIENT in conducting the Bid Opening by receiving, opening, and
reading aloud the Bids, Also assist CLIENT by tabulating and analyzing the
Bids for completeness and accuracy, '
5, Consult with CLIENT as to the proper action to be taken based on the
investigation by ENGINEER of the apparent successful low Bidder's
qualifications.
4,
Page2af6
PIIOFESSlONAL ENGINEERING SERVICES AGREEMENT
West PeninstJo &o!Jon Control a: We1la1d Protec1fon Project
NOAA AwadNo. NAI70Z2174 (Rle2196.039)
968
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6,
. 7,
8,
9,
10,
Prepare a recommendation for the Award of the Construction Contract.
Assist CLIENT in the preparation of the Construction Contract.
Transmit the Construction Contract, along with the Notice To Proceed, to the
construction contractor (hereinafter called CONTRACTOR),
Conduct the Pre-Construction Conference, if required,
For the benefit of CLlENT, review any samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of material and equipment, and
other data submitted by CONTRACTOR for general conformance with the
Contract Documents,
11. Perform periodic visits to the site (as distinguished from the continuous
services of a Resident Project Representative) to observe the construction
progress and the quality of the Work and to generally determine if the Work
is proceeding in accordance with the Contract Documents.
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12,
In performing the above service, ENGINEER shall endeavor to protect
CLIENT against any defects and deficiencies in the Work of
CONTRACTOR. ENGINEER cannot, however, guarantee the performance
of CONTRACTOR, nor be responsible for the actual supervision of the
construction operations or for the safety measures CONTRACTOR has taken
(or should take),
Consult with and advise CLIENT during construction and issue all
instructions requested by CLIENT to CONTRACTOR,
13, Assist CLIENT in any required coordination with regulatory agencies during
the Construction Phase.
14. Prepare and issue, upon receipt of approval from CLIENT, routine Change
Orders,
15, Interpret Drawings and Specifications for CLIENT and/or CONTRACTOR,
16, Obtain and review monthly CONTRACTOR pay requests, and based upon
on-site observations and said review, furnish to CLIENT the recommended
payment (or nonpayment) to be made to CONTRACTOR, requiring that at
least a ten percent (10%) retainage be withheld from each payment until fmal
acceptance by CLIENT is received,
17. Upon receipt of CONTRACTOR's opinion that construction is complete,
conduct a Final Inspection, accompanied by CLIENT, of the Project for
compliance with the Contract Documents,
18.
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As a result of said Final Inspection, transmit to CONTRACTOR a "Punch
List", if required, of construction-related items still to be restored by
CONTRACTOR.
Page 3 of6
PROFESSIONAL ENGINEERING SERVICES AGREEMENr
West PenJnsuIo Ero!Jon Centrolll Wetf01d Protection Project
NOAA AwordNo. NA170Z2174 (Rle2196.D39)
969
19,
Issue a Final Adjustments Change Order reflecting in-place quantities and
costs to CLIENT for review and approval,
.
20, Request a Waiver of Liens and a Guarantee from CONTRACTOR.
21. Upon receipt of final acceptance by CLIENT of the Project, submit the
Certificate of Construction Completion, the Final CONTRACTOR Pay
Request, the CONTRACTOR's Waiver, and the CONTRACTOR's Guarantee
to CLIENT for review and approval,
Upon completion of the above described phases, the Basic Services portion of this
Agreement shall be deemed as complete,
d. Special Services
ENGINEER warrants that Services, as outlined above for the above described
assignment, shall be performed for the total amount stated under COMPENSATION
of this Agreement. However, any services beyond those required to complete this
Project shall be deemed as Special, Services,
.02 COMPENSATION:
CLIENT agrees to compensate ENGINEER (payable in Calhoun County, Texas) for Basic
and Additional Services rendered during the specific Phases indicated above for totals not
to exceed those amounts stated below, and compensation shall be in accordance with the
following descriptions, definitions, terms, and conditions,
e
a, Basic Services
ENGINEER shall be compensated for the performance of Services described above
based on the portion of each phase being complete. Each phase represents the
following portion of Basic Services.
PHASR % OF FEE FEE
PRELIMINARY 15,5 $ 2,000,00
DESIGN 69 9,000,00
CONSTRUCTION 15,5 2,000,00
SURVEYING 2,000,00
PERMIITING 5 000,00
TOTAL $20,000.00
b, Special Services
ENGINEER shall be compensated for Special Services on an hourly basis according
to rates shown on !UACHMENT "A" , which can be found at the end of this
Agreement and made a part thereof,
Special Services shall be defmed as additional or extended services during
construction made necessary by work damaged by fire or other cause during
construction; defective or neglected work of contractor; prolongation of construction
contract time by more than 20%; acceleration of work schedule involving services
beyond normal working hours; or default under construction contract due to
delinquency or insolvency,
Page 4 of 6 PIIOFESSIONAL ENGINEERING SETMCES AGREEMENT
West Penit"tsUa ErosIon Control a WetfaJd Protection Project
NOAAAwad No. NA110Z2174 (Rf92196.D39)
.
1
970
e
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.03
ENGINEER shall not perfonn any Special Services until duly authorized in writing
by CLlENT, and if need for Special Services is deemed necessary by CLIENT,
ENGINEER shall provide CLIENT with cost of such Special Services for CLIENT
approval prior to commencement of services,
PAYMENTS:
a, ENGINEER shall invoice CLlENT monthly in amounts based upon percentage of
work completed in each phase during past period,
b, CLIENT agrees to promptly pay ENGINEER, at ENGINEER's Calhoun County,
Texas office, full amount of such invoice upon receipt.
.04 OWNERSmP OF DOCUMENTS:
.05
a, All documents, including original drawings, estimates, specifications, fieldnotes and
data are and shall remain the property of ENGINEER, except CLIENT may use such
documents for this Project.
b, CLIENT shall receive set of reproducible record copies of Drawings and other
documents, but agrees, as does ENGINEER, that use of such copies shall be solely
in connection with Project covered by this Agreement and for no other purpose,
COST ESTIMATES:
Cost Estimates prepared by ENGINEER represent the best conceptual opinion of probable
costs as a design professional familiar with construction industry, It is recognized, however,
that ENGINEER has no control over cost of labor, materials or equipment, over
CONTRACTOR's methods of detennining bid prices, or over competitive bidding or market
conditions,
Accordingly, ENGINEER cannot, and does not, guarantee that Bids will not vary from any
cost estimate prepared by him,
.06 INSURANCE:
a, ENGINEER agrees to maintain workmen's compensation insurance to cover all of
its own personnel engaged in perfonning services for CLlENT under this Agreement.
b, ENGINEER also agrees to maintain public liability insurance covering claims against
ENGINEER for damages resulting from bodily injury, death or property damage
from accidents arising in course of services perfonned under this Agreement.
.07 LIABILITY LIMITATION:
a,
ENGINEER shall have no liability to CLlENT or to others as consequence of express
or implied approval of any construction activities, for any defective construction
(whether or not observed or approved by ENGINEER), for any excess of
construction costs over amount estimated, or for any other reason beyond warranty
of use of reasonable skill in preparation of particular drawings and designation of
particular materials for assignment covered by this Agreement.
Poge5of6
PROFESSIONAL ENGINEERING SERVICES AGREEMENr
We.st PenInstJa Erosion Control a WeffO'ld Protection Project
NOAA AwordNo. NA170Z2174 (R/e 2196.(39)
971
.08
TERMINATION:
a. Condition of Termination
This Agreement may be terminated without cause at any time prior to completion of
ENGINEER's services either by CLIENT or by ENGINEER, upon seven days written
notice to other party at address of record,
b, Compensation Payable on Termination
Upon termination, by either CLIENT or ENGINEER, CLIENT shall pay ENGINEER
full amount specified in paragraph ,02 above, with resI'ect to any Engineering
Services performed to date onermination (including all Reimbursable Expenses
incurred),
.09 SUCCESSORS AND ASSIGNS:
.10
CLIENT and ENGINEER each binds himself, and his partners, successors, executors,
administrators and assigns to other !'arty of this Agreement and to partners,
successors, executors, adininistrators ana assigns of such other party in respect to all
covenants of this Agreement.
Neither CLIENT nor ENGINEER shall assign, sublet, or transfer his interest in this
Agreement without written consent of other party,
Nothing herein shall be construed as giving any rights or benefits here under to
anyone other than CLIENT and ENGINEER.
SPECIAL PROVISIONS:
a,
b,
c,
This instrument contains the entire Agreement between CLIENT and ENGINEER, except
as additionally stated below,
a, ENGINEER a~es to prepare all reports, etc" necessary for obtaining required
permits as part of the assignment.
b, ENGINEER agrees to make all records pertaining to this Project open to ins!,ection
by any federal, state, or local agency that has monitoring or auditing responsibility,
c. This Contract may be amended to add additional projects as authorized by the Port
Commission.
.11 INVALIDATION:
If this Agreement is not executed by CLIENT within 60 days of date tendered, it shall
become invalid unless ENGINEER extends time in writing,
.12 MODIFICATIONS:
No authority shall!Je ..2;1"anted to make variations in, or additions to, terms of this Agreement
on behalf of ENGINEER other than one of its Officers, and then only in writing Signed by
such Officer.
CALHOUN COUNTY
By: iAh~ l&s~
Arlene N, hall, ounty Judge
7, / /J /0.;J.--
Date:
G & W }ry~RS' INC
By:~1 1'/A
, David , ~--IE., President
Date: .0 ~h "'Z-
Page6of6
PrIOFESSION1!of:,G1NEERI~VERV1CES AGflEEMENT
West Peninsuo . n Control etlond Protection Project
NOM Awad No. NA170Z2774 (FI192196.D39)
972
~e
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4
WEST PENINSULA EROSION CONTROL
AND
WETLAND PROTECTION PROJECT
FOR
COUNTY OF CALHOUN,TEXAS
CALHOUN COUNTY OFFICALS
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A PUBLICATION (OR REPORT)
OF THE COASTAL CORROINATION
COUNCIL PURSU~NT TO NATiONAL
OCEANIC AND ATMOSPHERIC
ADMINSTRATION AWARD NQ.NA17DZ2174
COUNTY JUDGE - ARLENE MARSHALL
VieiLity Map
THIS PAPER 1S FUNDED IN PART BY
A GRANT/COOPERATIVE AGREEMENT
FROM THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINSTRAT!ON.
THE VIEWS EXPRESSED HERIN ARE
THOSE OF THE AUTHOR(SJ AND 00 NOT
NECESSARILY REFLECT THE VIEWS OF
NOAA OR ANY OF IT'S SUB-AGENCIES.
COUNTY COMMISIONERS-
PRECINCT .1
"2
.3
.4
RODGER GALVAN
MICHEAL BALAJKA
H, FLOYD
KENNETH FINSTER
IN D E X
o F
DRAWINGS
G & W EngIneers Ine,
205 W, Live Oak St.
Port Lavaea, Texas
SHEET 1 of 2 AH~A SITE PLAN
SHEET 2 of 2 8E;TIONS 8< DETAILS
CAD F1LE:039cov.dQn
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JURISDICTIONAL BOUNDRY tiN
15/8 IRON RODS INDICATE
BOUNDRY LINE)
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NO CONSTRUCTION ACTlvITI~S ALLOWED ON THE WETLANDS SIDE
OF THE JURISDICTIONAL BOUNDRY liNE.
COHTRlt.CTOR TO USE THE EX1Si1NC FILL UATEfUAL AS BAC1I.FllL
FOR THE SHEET PILE WALL AND SHALL COMPLETE THE FINAL
GRADING IN ACCORDANCE WITH PROPOSED CONTOURS.
IF SUFFICIENT Fill IS NOT AVALIABLE THEN CONTRACTOR SHALL
CONSTRUCT A SWALE THAT DRAINS TOWARD THE WEST END OF
THE PROJECT. BACKFILL OPERATION TO BEGIN AT THE CONCRETE STEPS.
V I EW
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WEST
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SCALE: ~".1'.0"
EXIST. STEEL
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TO BEGIN AT
EXIST. STEPS
REWOVE EXIST. STEEL
PILING AS REOUIRED
FOR NEw WALL
BREAK OUT CONCRETE
IN THIS AREA
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AT ELEV. 1.25' APPRQXtWATLLY
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REMOVE STEEL SHEET PILE
CAPPROX. 7" LONGI AND BREAK
OUT CONCRETE AS NECESSARY
TO ADJOIN VINYL SHEETS TO
EXISTING CONCRETE STEPS.
INSTALL 24" STRIP OF FILTER
CLOTH AT CORNER JOINT.
FILL
NOTE:
6- SQ. 316 STAINLESS STEEL
jlRE CLOTH I 10 X 10MESH .1.047 WIRE OIA. I
CENTERED OVER WEEP HOLE
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GENERAL NOTE
1.
INFORMATION GIVIN ON THIS AND OTHER RELEVANT DRAWINGS IS FOR THE
CONTRACTORS USE TO GENERAL LOCATION AND ELEVATIONS REGARDING
EXISTING FACILITIES AND TERRAIN. THE ENGINEER CANNOT GUARANTEE THE
ACCURACY OF THE DATA CONTAINED HEREON. CONTRACTORS SHALL
ASCERTAIN TO THEIR OWN SATISFACTION THE CONDITIONS BEFORE SUBMITTING
THEIR BID. THE CONTRACTOR SHALL NOTIFY THE OWNER OF ANY OESCREPANCY.
2,
THE USE OF REPROOUCTIONS OF THESE CONTRACT DRAWiNGS IN LEU OF
PREPARATION OF SHOP DRAWINGS WHEN REOUIRED IN PROHIBATEO.
3.
ALL REFERENCE TO COOES. STANOAROS. OR MATERIAL SPECIFICATIONS
SHALL BE TO THE LATEST REVISIONS. INCLUDING ALL EFFECTIVE
SUPPLEMENTS OR ADDENDA THERETO. AS OF THE DATE OF THE DRAWINGS.
4,
CONTRACTOR TO DOUBLE CHECK ALL OUANTITIES LISTED ON DRAWINGS.
5,
VINYL PILING SHEET SHALL BE SHORE GUARD 5S0 OR APPROVED EQUAL
AND SHALL BE 10'-0- LONG.
6,
FILTER CLOTH SHALL BE GEOTEX 1601 NON WOVEN PLOYPROPYLENE
FABERIC OR EDUAL.
T,
SHEET PILING HEIGHT SHALL BE DRIVEN TO ~~. OR CLOSER TO ENSURE
A UNIFORM WALL HEIGHT.
8,
TIWBER PILE SHALL BE NO. 1 SOUTHERN YELLOW PINE. 2.5 CCA TREATEO
WITH OIUENSIONS AS SHOWN ON DRAWINGS.
DllAWN BY,
"OW IN''INIJIJIII:5
CHEOClW BY.
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JOB NUMBER.
2196.0~9
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ENGINEERS, INC,
205 W, Uve Oak Port Lavaca, Texas 77979 (361) 552.4509 Fax (361) 552-4987
ATIACHMENT "A"
I~~~l~I~PJiJ2~
OFFICE PERSONNEL
Registered Professional Engineer
Staff Engineer
Registered Public Surveyor
Project Coordinator (Dependent on Job Requirements)
Design Coordinator
Surveyin~ Coordinator
Engineering Technician
Engineering Designer
Construction Inspector
Computer Technician
Engineering Assistant
Draftsman
Secretary
Resident Inspection (Dependent On Job Requirements)
GPS PERSONNEL AND EOUIPMENT
GPS Operator
Base Attendant
4800 Trimble Total Station (Base and One Rover)
4800 Trimble Total Station (Base and Two Rovers)
FIELD SURVEY CREWS
Two Man Survey Crew
Three Man Survey Crew
Four Man Survey Crew
$96,OO/Hr,
$68,OO/Hr.
$83,OO/Hr,
$68,00. $96,OO/Hr,
$60,OO/Hr,
$55,OO/Hr,
$55,OO/Hr,
$42,OO/Hr.
$39,OO/Hr,
$36,OO/Hr,
$34,OO/Hr,
$33,OO/Hr,
$25,OO/Hr,
$45,OO/Hr
$22.50/Hr
$350,OOlDay
$525,OOlDay
$77.50/Hr,
$95.50/Hr,
$1l7.50/Hr,
VEmCLE & EOUIPMENT
Passenger Vehicle
Survey Vehicle
Four-Wheel A TV
16' Aluminum Survey Boat
14' Aluminum Survey Boat
Digital Camera
DIRECf EXPENSES
Computer Time
Plots /
Survey Stakes, Lathes, Iron Rods, and Other Direct Expenses
Reproduction and Printing
Outside Consultants
NOTES
1. Field plll1y rates include a charge for normal equipment, and supplies, (Field crew time is charged from der.arture to return
to its home office,) Abnormal use of stakes, laihes, etc, used during the construction phase of a project will be charged as
indicated. Mileage will be charged for trips to and from office,
2, A minimum of two (2) hours field plll1y time charge will be made for show-up time and return to office, resulting from
inclement weather conditions, etc,
3, Field plll1y stand-by time will be charged for the above shown appropriate rates,
4, When authorized by the client, overtime premium multiplier of 1,5 will be applied to the billing rate of hourly personnel
who work overtime in order to meet a deadline which cannot be met during normal hours,
5, Applicable sales taxes, if any, will be added to these rates,
$,345/Mile
$.345/Mile
$125,OOlDay
$150.00IDay
$IOO,OOlDay
$ 15,OOIDay
/
$IO,OO/Hr,
$10,OOlEach
Cost + 15%
Prevailing Commercial Rates .
Cost + 10"10
Engineering
Architecture .
Planning
Surveying
.
.
LARRY'S HARBOR SUBDIVISION IN PORT O'CONNOR - ACCEPT
STREETS AS SUBSTANITALLY COMPLETE
A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to
accept the streets in Larry's Harbor Subdivision in Port O'Connor, Precinct #4 as
substantially complete, Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor.
973
NATIONAL AGRICULTURE WEEK IN TEXAS RESOLUTION
A Mo~on was made by Commissioner Balajka and seconded by Commissioner Floyd to
reco~e March 1?-~3, 2002 as National Agriculture Week in Texas by signing a
!tesolutlOn, CommIssIoners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted
In favor.
e
RESOLUTION
WHEREAS, the week of March 17 to 23, 2002 is NATIONAL
AGRICULTURE WEEK IN TEXAS, as proclaimed by Texas Agriculture
Commissioner Susan Combs, and
WHEREAS, Throughout our history people have confirmed the vast resources
of our land, and
WHEREAS, Sam Houston reponed to the President of the United State, I
have traveled near 500 miles across Texas, and am now enabled to judge pretty near
correctly of the soil, and the resources of the Country, and I have no hesitancy in
pronouncing it the finest country to its extent upon the globe, and
WHEREAS, T,R, Fehrenbach wrote, Out ancestors came to Texas in search
of land. And land became the basis of the Texas dream, a~d
WHEREAS, Davy Crockett said, I must say as to what I have seen of Texas, it
is the garden spot of the world, the best land and the best prospects for health I ever
saw, and I do believe it is a fonune to any man to come here, and
e
WHEREAS, agriculture is all around us - on farms and ranches, in chemistry,
communications, rural economics, international business and satellite and computer
technologies, Each and every Texas has a vital stake in agriculture, and
WHEREAS, the Lone Star State leads the nation in the number of farms and
ranches, with almost 80 percent of the land involved in some form of agricultural
production - including livestock, crops, aquaculture, honiculture and forestry, and
WHEREAS, Texas agriculture produces large quantities of high quality food
and fiber, and plays a major role in health and nutrition as well as in water
conservation, rural economic development, global trade and the preservation of the
environment, and
WHEREAS, it is an industry that continues to meet the ever-increasing needs
of consumers in Texas and around the world.
NOW, THEREFORE, BE IT RESOLVED . that Calhoun' County
. Commissioners' Coun declares this National Agriculture Week in Calhoun County,
and
e
974
e
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.
.
BE IT FURTHER RESOLVED that Commissioners' Coun urges everyone
in our area to learn more about the role of agriculture here, share that knowledge with
the young people in our area, and recognize the farmers, ranchers and their families
who contribute so much to this county, this state, this nation and the world.
PASSED AND APPROVED by Commissioners' Coun on this 18,h day of
March, 2002.
APPROVED
~~::JA~,
Arlene N. M half, County Judge
Roger C. Galvan
Calhoun County 0 missioner, Precinct 1
"~'v.~~~~
Michael Balajka,
Calhoun County Commissioner, Precinct 2
//~~
H, Floyd,
Calhoun County Commissioner, Precinct 3
~.,~w, L~
Kenneth W. Finster,
Calhoun County Commissioner, Precinct 4
ATTEST
Marlene Paul, County Clerk
BY:~~ ~tUdiAJ
Deputy Clerk
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Commissioner Galvan recognized Extension agent John O'Connell and his staff for their
outstanding work
VEmCLE EOUlPMENT STORAGE BUILDING IN PRECINCT #3 _
DECLARED AS SUBSTANTIALLY COMPLETE AND ACCEPT SAME
A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to
declare the project for construction of the 30 X 108 foot vehicle equipment storage
building in Calhoun County Precinct #3 as substantially complete and accept the same,
(Insurance has been applied for.) Commissioners Galvan, Balajka, Floyd, Finster and
Judge Marshall all voted in favor.
,
975
BIDS AND PROPOSALS - SWAN POINT PARK AND BOAT RAMP REPAIRS
A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to
authorize the County Auditor to advertise for bids to repair Swan Point Park and Boat
Ramp. Bids to be opened April 18, 2002 and awarded April 25, 2002, Commissioners
Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
CALHOUN COUNTY JUVENILE PROBATION DEPARTMENT - GRANT
APPLICATION FOR A VOLUNTEERlMENTORING PORGRAM
RESOLUTION
e
Cindy Rains with the Juvenile Probation Department asked the Court for a resolution of
support of the application for a grant to the U,S, Department of Justice, Juvenile Justice
and Delinquency Prevention Division for a Volunteer/Mentoring Program for Calhoun
County Juvenile Probation Department in the amount of $220,000 with zero matching
funds for three years,
A Motion was made by Judge Marshall and seconded by Commissioner Floyd to adopt
the Resolution in Support of the application for the Calhoun County Juvenile Probation
Department "Volunteer/Mentoring Program" to the Office of the U.S, Department of
Justice, Juvenile Justice and Delinquency Prevention Division for up to $220,000,
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor.
CALHOUN COUNTY
RESOLUTION
WHEREAS, The Calhoun County Commissioners Court finds it in the best interest of the
citizens of Calhoun county, that the Calhoun County Juvenile Probation "Volunteer/Mentoring
Program" be operated for the 2002 year; and
WHEREAS, Calhoun County Commissioners Court has considered the proposed application for e
State and Federal Assistance for said project, of up to $220,000, to be submitted to the
U.S, Department of Justice, Juvenile Justice and Delinquency Prevention Division, JUMP
Mentoring Program (JUMP); and
WHEREAS, Calhoun County Commissioners Court has agreed that in the event ofloss or
misuse of the Juvenile Justice and Delinquency Prevention Division funds, Calhoun County
Commissioners Court assures that the funds will be returned to the Juvenile Justice and
Delinquency Prevention Division in full.
NOW, THEREFORE, BE IT RESOLVED that Calhoun County Commissioners Court
approved submission of the grant application for the Calhoun County Juvenile Probation
Department "Volunteer/Mentoring Program" to the Office of the U.S, Department of Justice,
Juvenile Justice and Delinquency Prevention Division for up to $220,000,
PASSED AND APPROVED by Calhoun County Commissioners Court on the 18th day of
March, 2002,
SIGNED:
APPROVED
1fch.~:?Jc~~~
Arlene N. arshaIl, Calhoun County Judge
e
. sioner, Precinct 1
~~~~j:~o6cP~. .
Calhoun County Commissioner, Precinct 2
976
Resolution Supporting JUMP Grant Application
U.S, Dept. of Justice, Office of Juvenile Justice and Deliquency Prevention
March 18"', 2002
Page Two
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j)~-
H. Floyd,
Calhoun County Commissioner, Precinct 3
i!AAA>-'.d W. ~ft.
Kenneth W. Finster,
Calhoun County Commissioner, Precinct 4
ATTEST
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; C.Q~I~'\\\\~qunty Clerk
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JUVENILE PROBATION DEPARTMENT INVENTORY ASSETS
SURPLUS/SALVAGE
A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan to
declare the following listed items of the Juvenile Probation Department as
surplus/salvage as indicated in the letter of March 1, 2002, Commissioner Galvan,
Balajka, Floyd, Finster and Judge Marshall all voted in favor,
MEMORANDUM
$
~
CALHOUN COUNTY
JUVENILE PROBATION DEPARTMENT
COURTHOUSE ANNEX
201 W. AUSTIN ST,
PORT LA V ACA, TEXAS 77979
361/553-4670
TO:
Judge Arlene Marshall
Commissioner's Court
,
e
FROM:
CINDY RAINS
Chief Juvenile Probation Officer
DATE:
3-4-02
MESSAGE:
I compiled the attached list in response to an inquiry by Denise McKinney in the auditor's office,
This list was a response to the inventory record she has for our department. I am forwarding this
list of property, at her request, with my request that these items be listed for salvage, surplus or
removed from our department list, I am requesting that these items be listed on the next
Commissioner's Court agenda for said action, If you have any questions, please contact me for
the infonnation, Thanks for all your help,
977
Descriotion Invoice Number Exolanation
Typewriter - IBM Dept. never had Selectric
Selectric II 972-0027 Typewriters
Typewriter - IBM Dept, never had Selectric
Selectric IT 972-0015 Typewriters
Radio-Mostar 972-0023 Dept. does not have
ChairlWalnut w/arms 972-0051 Left dept, years ago e
ChairlWalnut w/arms 972-0053 Left dept. years ago
Metal Storage Shelves 972-0049 Dept. never had metal shelves
Secretarial Desk 972-0052 Left dept. years ago
Metal Storage Cabinet 972-0010 Cabinet collapsed and we replaced
With metal cabinet in 2001
Whitehall Chair 972-0004 Broken & disposed of several years
ago
Steno Stout Chair 972-0013 Broken & disposed of several years
ago,
Commercial Chair 972-0050 Not in Department
Descriotion Invoice Number Exolanation e
Ericsson Radio 972-0024 Not in department
486SX Computer 972-0026 CPU, Monitor, & Laserprinter need
to be salvaged
Prestige Cell Phone 972-0029 Not in department
Chair 972-0030 Not in department
Office Master Chair 972-0033 Put in Judge Menchaca's Office
Benedix Two-Way Radio 972-0036 Not in department
,Panasonic Dot Matrix 972-0042 Printer needs to be surplussed
Techmedia Monitor 972-0042 Monitor needs to be salvaged
Pionex Elite Computer 972-0043 Computer sent to Bootcamp-now
Needs,to be salvaged
Computer 973-0004 Computer no longer works-needs to e
be salvaged
This item is still listed with the County Judge's Office:
Computer 401-0031 Computer no longer works-needs to
be salvaged
978
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LOCAL-OPTION EXEMPTION (TAX) FOR TRAVEL TRAILERS
Drew Hahn, Calhoun County Chief Appraiser, stated it is Governor Peny's intent to
exempt u:ave~ trailers from taxation (HJR 44), As entities mayor may not exempt them,
Court actIOn IS needed to clarifY this,
A Motion was mad~ by Commissioner Floyd and seconded by Commissioner Balajka to
exempt travel traders from the Calhoun County Appraisal District tax rolls,
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor,
CALHOUN COUNTY
APPRAISAL DISTRICT
-l26 West Main Street
P. O. Box -18
Port Lavaca. Texas 77979
Appraisals:
Collections:
Fax:
512 552.88118
512 552--1560
512 552--1787
CONSOLIDATED APPRAISAL
AND TAX SERVICES
MEMORANDUM
til:CF!\!EO
;:~B >. i '... ,
I _ -.;. ':".'.;l,;...
DATE:
February 26, 2002
Arlene i'j, Marshall
Calhoun County Judge
TO:
All Taxing Entities other than C,C,!'S,D,
FROM:
Andrew J. Hahn, Jr., Chief Appraiser
SUBJECT:
Travel trailer exemption
*********************************************
This letter is to inform your entity of the newly implemented HJR 44 (article attached), which took effect
January 1,2002, Under its provisions, jurisdictions other than school districts must take action to exempt travel
trailers otherwise these trailers are automatically taxable for 2002, Please act on this matter at your next meeting
to decide th is local-option exemption.
It is my opinion that taxing travel trailers will actually be harmful to your entity, We know first hand
how difficult it is to keep track of mobile homes because of their mobility, Travel trailers will be much more
difficult to keep track of because they are even more mobile, Most mobile homes use licensed movers, but travel
trailers can be moved with a pickup truck by almost anyone. This will result in lost tax dollars for your taxing
entity, when our office is unable to locate the owners of the travel trailers to bill them for their property taxes,
You are aware of the continuous delinquent lawsuits taken on your behalfto capture unpaid property taxes, The
small amount of taxes that these trailers would generate would be offset by increased costs to try and collect the
taxes owed, In my opinion, the best decision you could make concerning this matter is to exempt travel trailers;
therefore, you should act as soon as possible to grant the exemption.
Please call if you have any questions concerning this matter,
Respectfully submitted,
CALHOUN COUNTY APPRAISAL DISTR1CT
BY: ~:lplG(11
CHIEF APPRAISER
AJHJr/vlr
Enclosure
,979
PROJECT COOPERATION AGREEMENT BETWEEN CALHOUN COUNTY.
CALHOUN COUNTY NAVIGATION DISTRICT AND TEXAS GENERAL LAND
OFFICE REGARDING EROSION CONTROL - RESCIND MOTION OF
MARCH 7. 2002 CONCERNING CHANGES IN AGREEMENT
Commissioner Galvan stated he had asked Mr, Van Borssum with the Navigation District
to get a legal opinion of the Project Cooperation Agreement between Calhoun County,
Calhoun County Navigation District and the Texas General Land Office concerning
erosion control. He said all counties do it the same way,
A Motion was made by Commissioner Galvan to rescind the Motion of March 7, 2002
regarding changing the wording in the Project Cooperation Agreement and to authorize
the County Judge to sign the Agreement as originally presented by the Texas General
Land Office, Commissioner Floyd rescinded his original second of March 7, .2002 and
seconded this Mption. Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all vQ~d in favor,
-
C;\RNER.. ROBEKfS &. R08liRTS, 1- 1- P.
ATI'OIIN2Y!I ^,. LAW
2~N.""".):iS11"A5S
---
r.o.Dl:lX9
March S, 2002
Tf1i!'HOl<IB
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TO"O~ !Il.
a-Ic...ctsloolo...llTooofr-
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IMVlD1\O~
W,v.lOA. RO!3fl\TS
ANN!!....A1U2 2'.IRXEiLBACIC
lW'l0Rh wtTnI.
roRTlAVAC'., T!XAS 7797~
VIA FACSIMILE
Robert Van BO!SS\lffi
Calhoun County Navigation District
p, 0, Box 397
Point ComfQrt, TcxUJi 77978
Rc: Projoct Coopcration ^grccment 'Belween
CuJhoun County Nnvigntion Oi~trict, C:llholin
County <lnd the GLO
e
Dc:lr Bob:
-'
I havc reviewed the Projecl Cooper-dlion Agreement which you >01t me with thc
:lmendmenl.~ m:tde by tbe County on Wednesday, I have 111so spoken to the GLO reg:ll'ding,
tile COUtllY'S ChllligCS. the chang~ being Lu par;{gr'tl.ph 3.01 with the deletion of the ~at lca.~t";
IlIld "cxcceding: this minimum amount" language, The OLO docs not wish to i1cccpt thC5C
change~. Its finit /'CllSon j$ it h~s numerous Projecl Cooperation Al:,'I"ccments and it likes to
keep them uniform, Whi Ie I COlli. undCl.'St:lnd the GLO'~ concern to keep its contrncl~ unifornt.
the more important nnd more logical reason it gave [or DOL accepting thc strickcn verhiage is
that often :1 locaL entity secures ;mother gr.UIt during the course of the project and wants to
inel'Cllsc the llmountof its contribution. The conlrac!. as written by the CLO. would allow it
to :lcccpt the :lddition:ll funds should the local enliLy wi~h to jncl'l):l.~c its contribution,
Legally, [he cont("ll(:t lIS wriLten by the OLO, IrilIlnOl r~uiro either C.llboun County or
lhc DisLrict to contribute more than t:5% with or without the stricken languuge. Spccific:llly,
Paragl'aph 1.03 states, "in the cvent lhe parties ;lgree lhat additionall;l.~ks andior filnd,< ate
required for the completion of the project, the parries shallexm:ulc an amendment to this
Agrccmcnt." .
e
Il is also my opinion that the Connty' 5 deletion of the verbiage frum Ihe contract is not
necessary because Ihc "at JC3.~t" language still caps the local participation to 15%,
Additionally, the stricken language of "exCL-cding [his minimum amount", is qualified by a
"mllY". AS you are well aWl1l:e, Ihe u~e of the word may makes an :lct c1iscretion:n-y and not
m:mdatory, This coupled with Lht: language in Paragr:lph ],03 requiring written amendments
jf more fund~ are needed render, in my opinion, the point mool:.
~'
980
M:m,:h 8. 2002
Page 2
',....../'
Since we County'~ dclceioM neither add nor take away anything from the conlIllct and
tile GLO has legitimate reasons for wanting the stricken language in the COnlt'olCl. iL would be
my suggestion lhlll you contaet the County and request it to rc.~dnd it.~ amendments, I would'
be more than happy to ~pcnk (0 the Counly' 5 legal counselor the Judge should anyone have
any questions,
e
Should you have :my Questions, please calL
Yours truly.
G . ROBERTS & ROBERTS, L.L,P~
..:.
WPJmb
THE COURT RECESSED AT 12: 10 PM, AND RECONVENED AT 1 :30 P,M,
Commissioner Balajka was absent at 1 :30 P,M,
e
APPROVAL OF MINUTES
A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd that
the Minutes of November 13,2001, November 16, 2001, November 30,2001, December
5, 2001, December 10, 2001, December 12, 2001, December 14, 2001, December 18,
2001, December 28, 2001 and January 10, 2002 meetings be approved, Commissioners
Galvan, Floyd, Finster and Judge Marshall all voted in favor.
Arlene N, Marshall
County Judge
H. Floyd
Commissioner, Pct. 3
Roger C. Galvan
Commissioner, Pct, 1
Kenneth W, Finster
Commissioner, Pct. 4
(ABSENT)
Michael 1. Balajka
Commissioner, Pct. 2
Shirley Foester
Deputy County Clerk
EMERGENCY MEDICAL SERVICES - APPOINTMENT OF OVERSEER
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Judge Marshall appointed Commissioner Finster to oversee action of Emergency Medical
Services for the Court,
STUDY FOR CLASSIFICATION AND COMPENSATION FOR FULL-TIME
COUNTY EMPLOYMENT POSITIONS - CONTRACT NEGOTIATIONS
A Motion was made by Commissioner Floyd to authorize himself to negotiate the
contract for the performance of a study to establish classification and compensation for
all full time county employment positions, Commissioner Finster seconded the Motion,
Commissioners Galvan, Floyd, Finster and Judge Marshall all voted in favor.
981
Mailing Address:
24627 State Hwy 172,
Port Lavaea, TX 77979
Office Location:
24627 State Hwy 172,
Olivia, Texas
Office (361)893-5346
Fax (361) 893-5309
Home (361) 552-4574
Mobile (361) 920-5346
March 07, 2002
TO: Judge A, Marshall
Commissioner R, Galvan
Commissioner M, Balajka
Commissioner K, Finster
RE: CALHOUN COUNTY, CLASSIFICATION AND COMPENSATION STUDY
FOR ALL FULL TIME COUNTY EMPLOYMENT POSITIONS
Dear Judge and Commissioners:
Please be advised that after some delay, I have completed a review and evaluation of the
two proposals received for the captioned,
For your reference and evaluation, I am enclosing the following documents and
information:
1. One copy each of the proposals submitted by Ray Associates, Inc, and Maximus,
2, A copy of the request for proposal RFP No, 01-11-07,
3,. One copy each of the eVilluation sheets for the Ray Associates, Inc, and the
Maximus proposals, /
As you will note, Ray Associates received a significantly higher rating, Further more;
since we received a total of only two proposals, it is currently my intention to forego the
second step of the previously proposed two step selection process.. I believe the
elimination of this second step will be to the benefit of both of the companies involved
and. the county,
982
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-, . .,-
'0. ~:-::-. ~
Based on the above I currently plan, with the court approval, to initiate contract
negotiations with Ray Associates, Inc, for completion of the subject study, If for any
reason a suitable contract cannot be negotiated with Ray Associates, negotiations with
Maximus would be initiated.
To obtain court approval the following item is requested on Commissioners' Court
Agenda for March 18, 2002,
"Discuss and take necessary action to initiate contract negotiation for the
performance of a study to establish classification and compensation for
all full time COWlty employment positions."
To provide for the timely resolution of any issues and/or concerns and to expedite, I
would request that each of you advise me before March 18, 2002 of any comments you
may have regarding this study and the proposed action,
Sincerely,
~--?
H, Floyd
-
cc: Mr, Ben Comiskey
File-Classification/Compensation Study
CCSL-J&C
983
CALHOUN COUNTY
CLASSIFICATION AND COMPENSATION STUDY
EVALUATION OF PROPOSALS
e
CLIENT RAY ASSOCIA TRS INe.
INITIAL EVALUATION:
PERCENTAGE SCORE RATING
. Experience in analysis of organizational 25 10 2.5
structure and compensation.
Experience directly related to the scope 20 10 2.0
ofthis project.
Experience and capability of staff, 20 9 1.8
Proposal for approach and management of IS 9 1.35
this project.
References from current or previous clients 10 10 1.00
for which similar work has been done, e
Overall quality of submitted proposal 10 9 0,9
proposaL
TOTAL RATING 9,55
FINAL EV ALUA TION:
PERCENTAGE SCORE RATING
Evaluation of proposed approach to 30 9 2,7
project execution and completion.
Experience and qualifications of 30 10 3,0
of key personneL
Project cost. 25 NA x
Evaluation of presentation and 10 NA x
interview,
Schedule for project completion. 5 NA x e
TOTAL RATING 5,7
.,
384
CALHOUN COUNTY
CLASSIFICATION AND COMPENSATION STUDY
EVALUATION OF PROPOSALS
CLIENT MAXIMlJS
INITIAL EVALUATION:
PERCENTAGE SCORE RATING
e Experience in analysis of organizational 25 7 1.75
structure and compensation.
Experience directly related to the scope 20 5 1.00
of this project.
Experience and capability of staff. 20 7 1.40
Proposal for approach and management of 15 8 1.20
this project.
References from current or previous clients 10 7 0,7
for which similar work has been done,
Overall quality of submitted proposal 10 8 0,8
proposaL
TOTAL RATING 6.85
FINAL EVALUATION:
e PERCENTAGE SCORE RATING
Evaluation of proposed approach to 30 8 2.4
project execution and completion,
Experience and qualifications of 30 6 1.8
of key personneL
Project cost. 25 NA x
Evaluation of presentation and 10 NA x
interview,
Schedule for project completion, 5 NA x
TOTAL RATING 4,2
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2.4-D PERMIT APPLICATIONS FOR JACKSON. WHARTON AND BRAZORIA
COUNTIES
A Motion was made by Commissioner Finster and seconded by Commissioner Floyd to
authorize the County Judge to sign the approval of applications for 2,4-D pennits for
Jackson, Wharton and Brazoria counties, Commissioners Galvan, Floyd, Finster and
Judge Marshall all voted in favor.
985
.... ..-.-
~'II.;J '~JV1'1
The Teas NM Univetsity 5)sem
e
4Il North Wells
Edna, Texas 77957
(361 )782-3312
To : Jackson County Commissioners' Court
~
Commissioners' Court in extending the aerial application 0(2, 4-D by permit in Jackson
COUDty approves with Jackson county
County beginning March 25, 2002 and ending March 31, 2002.
e
~~'~.J"" ~
County udge
0.3 - :2.LJ -0-<-
Date
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IS Coopera.ive Extension Serves people of all ages regardless of socioeconomic level, race, color, sex, religion, disability or na.ional origin,
The Texas A&M University System, U,S, Department of Agriculture, and the County Commissioners Courts ofTexas Coonern'iM
1
986
r'Aul:.. 83
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;
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TO. 'lTho::\rton. CO\.\n~' Co:a:n-m.iocionQrc' Court
~
County approves with Wharton County
Commissioners' Court in extending the ground application of 2, 4-D by permit on
the west side of the Colorado River in Wharton County beginning March 18,2002
and ending March 28, 2002; and extending the aerial application of 2, 4-D by
permit on the east side of the Colorado River in Wharton County beginning
March 18, 2002 and ending March 28, 2002,
Ie
~~~fiJ~
County Judg
{)3 --Z.o- 6 L
Date
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987
TO: Brazoria County Commissioners' Court
~
County approves with Brazoria County
Commissioners' Court in allowing the aerial application of qulnclorac by
permit west of the Brazos River In Brazoria County between March 25,
2002 and August 1, 2002.
~~~
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03-20_02-
Date
LASALLE'S LANDING SUBDIVISION IN PORT LA V ACA _ TAX
ABATEMENTREOUEST
This agenda item was passed,
COMMUNITY GUN VIOLENCE GRANT FOR llIRING ADDITIONAL
PROSECUTOR FOR D.A.
This agenda item was passed,
e
Commissioner Balajka arrived at 1:35 P,M,
MEMORIAL MEDICAL PLAZA PROJECT - SETTLEMENT WITH BONDING
COMPANY FOR CONTRACT DEFAULT OF KEN'S CONSTRUCTION AND
PA VINGREGARDING PARKING LOT
A Motion was made by Commissioner Floyd and seconded by Commissioner Finster to
authorize Commissioner Floyd to sign on behalf of the County a Mutual Release and
Settlement Agreement between Calhoun County and Universal Surety of America related
to bond payment for contract default of Ken's Construction and Paving on the Memorial
Medical Plaza project in the amount of $40,640.80, Commissioners Galvan, Balajka,
Floyd, Finster and Judge Marshall all voted in favor,
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement ("Agreement") is made by and
between Calhoun County, Texas (the "County") and Universal Surety of America
("Universal"),
Whereas, the County and Ken's Construction and Paving, Inc. ("Ken's") entered into
a contract for the Concrete, Silework, and Utilities, for Memorial Medical Plaza _ Phase I
Renovation, Port Lavaca, Texas (the "Original Contract"); and
e
Whereas, Universal, as surety, and Ken's, as principal, executed a performance
bond (no, TX 161380200) in connection with the Original Contract and in accordance with
Chapter 2253 of the Texas Government Code (the "Performance Bond"); and
988
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Whereas, on or about March 8, 2000, the County terminated the Original Contract
with Ken's Construction; and
Whereas, on or about March 20, 2000, the County made a demand upon Universal
to complete the Original Contract; and
Whereas, Universal prepared a bid package and solicited bids for the completion
of all work under the Original Contract; and '
Whereas, Universal received an acceptable completion bid from Sylva Construction
for the completion of all work under the Original Contract; and
Whereas, Sylva Construction agreed to enter into a completion contract with the
County; and
Whereas Universal offered to tender Sylva Construction to the County as the
completion contr~ctor and pay the County the di~erence between Sylva C()ns:r~ction's cost
to complst0 ell work remaining under the Origmal Contract and the remalnmg contract
balance; and
Whereas, Universal and the County were not able to mutually agree to the terms
and conditions for the completion of the Original Contract; and
Whereas, the County entered into an agreement with Sylva Construction for the
completion of the Original Contract; and
Whereas, the County is satisfied that Sylva Construction has completed all work
under the Original Contract pursuant to Its agreement with the County; and
Whereas, the County made demand upon Universal for paymen,t of costs Incurred
by the County relative to the County's agreement with Sylva Construction; and
Whereas, a dispute exists between Universal and the County relative to the scope
of work included under the Original Contract and the scope of work perforriled by Sylva
Construction pursuant to its agreement with the County; and
Whereas, Universal and the County desire to resolve any dispute which exists
regarding the Original Contract and Universal's obligations under its Performance Bond
and to release each other from any claim or dispute arising or in any way related to the
Original Contract.
Now, Therefore, in consideration of th,~ mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is hereby agreed as follows:
1, ' Universal shall pay the amount of $40,680,40 to the County and the County's
acceptance of this payment shall constitute a full discharge by Universal of all its
obligations to the County under the Performance Bond, Upon receipt and collection of the
funds from Universal's payment, the County shall be deemed to have released Universal
of and from any and all claims against Universal relating to or In anyway arising out of the
performance of the Original Contract, inclUding but not limited to the timeliness thereof, any
and all expense incurred by the County in connection therewith or this Agreement, and any
other cost or expense incurred by the County,
2, Subject only to and conditioned solely upon the County's receipt of payment
from Universal, as provided at paragraph 1 above, the County does heretlY fully and finally
and forever release, acquit, discharge, settle and compromise any and ~II claims the
County has, or may have, whether asserted or unasserted, known or unknown, arising out
of or in anyway connected with the Performance Bond, the Original Contract, including the
performance of warranties thereunder, to the law of torts and/or equity, any,claim arising
under Chapter 17 of the Texas Business and Commerce Code and/or under the Texas
I nsurance Code, This release is for the benefit ofthe Universal and its respective officers,
directors, partners, shareholders, and employees, '
989
3, Subject to and conditioned upon the efficacy and enforceability of the release
of Universal by the County, as provided in paragraph 2 above. and except as expressly
provided otherwise in this Agreement. Universal does hereby fuily and finaily and forever
release, acquit. discharge. settle and compromise any and all defenses, setoffs and claims
Universal has, or may have, whether asserted or unasserted, known or unknown, in
connection with the Performance Bond and/or the Original Contract. This release is for the
benefit of the County and its respective commissioners, and employees. '
4, The County agrees to pay Sylva Construction for all costs associated with the
completion of work under the Original Contract, including any work which may be in dispute
as to its being required under the Original Contract.
5, The County agrees to look solely to Sylva Construction and/of its surety in
connection with completion of all workremaining under the Original Contract, including but
not limited to the furnishing of ail guarantees and warranties required thereJnder,
6, The invalidity of any part or provision of this Agreement shail hot impair or
affect in any manner whatsoever the validity, enforceability or effect of the remainder of this
Agreement
e
7, This Agreement is the Joint product of the parties hereto. EaCh party hereto
acknowledges and agrees that it enters into this Agreement voluntarily, with advice of
counsel, and/or adequate opportunity to consult counsel of its choosin!1. and that each
party hereto and their respective counsel have had opportunity to revise or have revised
the language of this Agreement by negotiation and bargaining, at "arms length:
Consequently, in the construction and/or enforcement of this Agreeme:nt, 'or any of its
terms, the participation of any party in the drafting of this Agreement shall not be
construed, in any way, against such party,
8, This Agreement is for the sole benefit of the parties hereto, it is not intended
to confer any right, nor is it intended to create any obligation other than those obligations
stated in paragraph 4 and paragraph 5 above with respect to any party that is not a
signatory or party to this Agreement.
9, Each signatory hereto represents that it has the authority to eXecute this
Agreement on behalf of the respective named party, :
e
. ,
10, This Agreement embOdies the entire agreement of the parties:with respect
to its subject matter and supercedes all prior agreements and understandings, if any,
relating to the subject matter hereof, and may be amended only by an instrument in writing
executed by the parties hereto, : .
11, This Agreement shall be governed by and construed in accord$nce with the
laws of the State of Texas, :
12, This Agreement shall be executed in multiple counterparts, each of which
counterpart shall be considered an original counterpart of equal dignity with all other
original counterparts,
13, Venue for any dispute whatsoever regarding the interpretation, validity,
enforceability or effect of this Agreement shall be Calhoun County, Texas,
, ,
EXECUTED effective as of this
day of
.2002.
CALHOUN COUNTY, TEXAS
By:_
Name:
Title:
e
UNIVERSAL SURETY OF AMERICA
By:
Name:
Title:
950
WATER DISTRICT COMMITTEE MEMBER FROM PRECINCT 2
RESIGNATION AND APPOINTMENT OF MEMBERS
A Motion was made by Commissioner Balajka and seconded by Commissioner Floyd to
appoint Wayne Wehmeyer, Jr, as Water District Committee Member from Precinct 2 to
replace Frank Diebel who resigned, Commissioners Galvan, Balajka, Floyd, Finster and
Judge Marshall all voted in favor,
e
ETNYRE CHIP SPREADER IN PRECINCT 2 SURPLUS/SALV AGE
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to
declare Etnyre Chip Spreader in Precinct #2, Asset Number 22-0222, as surplus,
Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in favor,
BIDS AND PROPOSALS - SALE OF ETNYRE CHIP SPREADER IN PRECINCT
~
A Motion was made by Commissioner Balajka and seconded by Commissioner Galvan to
authorize the County Auditor to advertise for bids for sale of the Etnyre Chip Spreader in
Precinct #2 with a minimum bid of $9,000, Bids to be opened April 18, 2002 and
awarded April 25, 2002, Commissioners Galvan, Balajka, Floyd, Finster and Judge
Marshall all voted in favor,
FOUR ACRE TRACT ON FM 1090 IN PRECINCT 2 DONATED BY BILL
BAGBY ESTATE - CORRECT DEED AS TO USE OF PROPERTY
e
Commissioner Balajka discussed the 4-acre tract on FM 1090 in Precinct 2, which was
donated to the County by William C. Bagby, Trustee, (The Gift Deed, dated 4-1-01 and
filed for record on 10-22-01, stated the property is given to Calhoun County to be used as
a site for Calhoun County EMS station, If not used for stated purpose within three years,
the property would revert back to the grantor.) Commissioner Balajka thinks Mr, Bagby
will be willing for the County to use this property for a museum site and Ty Zeller,
attorney, could correct the deed for such,
Juaniece Madden said she heard the Museum Committee is looking to lease the CP & L
building next to the County Library,
This agenda item was passed, Commissioner Balajka will contract Mr' Bagby regarding
use of the 4-acre tract ofIand,
CALHOUN COUNTY LIBRARY BOARD - APPOINTMENT OF MEMBER
A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka to
appoint Linda Heideman to the Calhoun County Library Board for the term of 2002 to
2004. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
DRAINAGE REPAffiS ALONG SWEETWATER AND LEE ROADS IN
PRECINCT 4
e
Commissioner Finster discussed the drainage repairs on laterals along Sweetwater Road
and Lee Road in Precinct 4, Private ditches on Sweetwater and Lee roads are being used
for drainage, On Sweetwater Road the ditch is overflowing and washing out Fritz
Wilke's driveway and on Lee road, from the Fisher property to the Powderhown
property, the pipe has collapsed, Mr, Fisher agreed to put in the pipe if the County will
furnish the pipe,
No action was necessary,
991
CALHOUN COUNTY TAX ASSESSOR-COLLECTOR - 2001 ANNUAL
REPORT
The Calhoun County Tax Assessor-Collector presented her 2001 Annual Report and after
reading and verifying same, a Motion was made by Commissioner Floyd and seconded
by Commissioner Finster that said report be accepted as presented, Commissioners
Galvan, Balajka, Floyd, Finster and Jude Marshall all voted in favor.
e
ANNUAL REPORT
FOR THE OFFICE OF
TAX ASSESSOR-COLLECTOR
CALHOUN COUNTY
e
January 1, 2001
(date)
THROUGH
December 31, 2001
(date)
e
992
~dZZ,~ ~
Tax Assessor-Collector
Calhoun County, Texas
e
Sworn to and subscribed before me this
19
day of
County Clerk
Calhoun County, Texas
Given in open court this
day of
,19
County Judge
Calhoun County, Texas
e
x
Commissioner Precinct #1
Roger Galvan
x
Commissioner Precinct #2
Michael Balajka
x
Commissioner Precinct #3
H. Floyd
x
Commissioner Precinct #4
Kenneth Finster
County Clerk
Calhoun County
e
993
CALHOUN COUNTY TAX OFFICE
January 1, 2001 to December 31, 2001
Collection & Disbursements of all Money Collected
Collections Disbursements e
$ $
Title Certificate Collections ( 4367) $ 56,771.00
Title Fees Paid Texas Department of Transportation $ 34,926.00
Title Fees Paid Calhoun County Salary Fund $ 21,845.00
Motor Vehicle Registration Collections $ 935,938.97
Disabled Person Placards Fees $ 2,025.00
Postage $ 1,165.00
Paid Texas Department of Transportation $ 559,708.82
Paid County RoadlBridge Fund $ 337,483.15
Paid County Salary Fund $ 41,937.00
Additional Postage, Motor Vehicle Registrations $ 50.48
Additional Postage paid County treasurer $ 50.48
Motor Vehicle Sales & Use Tax Collections $ 1,841,299.33
Paid State Treasurer, Motor Vehicle Sales Tax $1,841,299.33
Special RoadlBridge Fee Collections $ 90,065.00 e
Paid Texas Dept" of Trans,-Roadlbridge Fees $ 2,701.95
Paid County Treasurer - RoadlBridge Fees $ 87,363.05
Texas Parks & Wildlife Department Collections $ 15,665.00
Paid Texas Parks & Wildlife Dept. $ 14,098.50
Paid County Treasurer Salary Fund $ 1,566.50
State Beer & Wine Collections $ 15,082.00
Paid Texas Alcoholic Beverage Commission $ 14,523.25
Paid County Treasurer Salary Fund $ 558.75
County Beer & Wine Collections $ 7,525.00
Paid County Treasurer, Beer & Wine colis $ 7,148.78
Paid County Treasurer Salary Fund $ 376.22
Renewal Fees for County Beer & Wine Licenses $ 148.00
Paid County Treasurer - Renewal Fees $ 148.00
Interest on Parks & Wildlife & Refund Accounts $ 261.19 e
Paid County Treasurer Interest on P&W & Ref $ 261.19
Interest earned on Office Account $ 13,070.72
Paid County Treasurer - Int. - Navig,East $ 80.42
Paid County Treasurer- Int. all other dists $ 12,990.30
Future Farmers Fees Collected $ 845.00
Paid State Treasurer-Future Farmers Fees $ 845.00
994
Page 2.. ....,.... ........, .,..
Boat/Motor Sales Tax Collected $ 56,948.88
Paid State Treasurer-BoatIMotor Sales Tax $ 54,101.47
Paid County Treasurer Comm on Boat Sales Tax $ 2,847.41
Proof of Residency Verification Fee $
- Paid County Treasurer-Proof of Residency Fees $
Hot check Collection Fees $ 15.00
Paid County Treasurer Hot Check Collection Fees $ 15.00
Excess Collection Property Tax Sales (Date) $
Paid County Treasurer-Excess Collection $
Property Tax Sales (date)
~2001 Current Tax Collections (January thru June) $ 6,300,414.08
l& 2001 Tax Roll Charge $ 11,596,739.67
Tax Collectors' Adjustment Roll (current roll) $ (- 5,625.43)
Delinquent Tax Collections $ 111,464.05
Penalty & Interest on Current Roll $ 19,776.40
Penalty & Interest on Delinquent Collections $ 41,987.01
Delinquent Tax Attorney Fees Collected $ 22,425.35
Paid County Treasurer - FM&L $ 2,927.80
Paid County Treasurer - AdValorem $ 13,675,203.22
Paid County Treasurer - Navig, East $ 158,288.28
Paid County Treasurer - WCID#1 $ 7,454.27
Paid County Treasurer - Drain, #6 $ 2,046.77
e Paid County Treasurer - Drain, #8 $ 16,045.19
Paid County Treasurer - Drain, #10 $ 12,491.21
Paid County Treasurer - Drain, #11 $ 128,726.34
Paid County Treasurer - Port O'Connor MUD $ 128,581.79
Paid County Treasurer - WSC Water Dis!. $ 3.26
Paid County Treasurer - Roads $ 73.43
Paid County Treasurer - State AdValorem $ 51.39
Paid Calhoun County Appraisal District - Collection Fees $
Discount for early payment of Taxes $ 227,642.56
Taxes Uncollected as of 12-31-01 (date) $ 3,705,213.20
Paid County Treasurer - Delinquent Attorney Fees $ 22,432.42
Payment in Lieu of taxes $
Paid County Treasurer - FM&L $
Paid County Treasurer - AdVaIorem $
Paid County Treasurer - Navig, East $
Overages on Collection Fees Refunded $
Paid County Treasurer Overages on CoIL Fees $
e Overages on Assessing Fees Refunded $
Paid County Treasurer Overages on Assn,Fees $
Escheats $ 65.90
Escheats paid County Treasurer $ 65.90
TOTALS $ 21,124,122.60
$ 21,124,122.60
995
Page 3 ---------------------____
% of W 2001 AdValorem Taxes Collected .6805
% ofl9 2001 Tax Roll Charge Collected .6932
~~.
ANNETTE BAKER
Tax Assessor/Collector - Calhoun County, Texas
e
e
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996
YEAR TO DATE REPORT
BALANCE OF TAX ROLL CHARGE,' 2001 TAXES
DECEMBER 31, 2001
f'a
,r:"J
0')
I, Annette Baker, Tax Assessor/Collector of Calhoun County, do hereby certifY that the following is a correct list of the 2001 Tax Roll Charge, year to date collections,
adjustments and balance of Tax Roll Charge remaining unpaid as of December 31, 2001
,~~~~,
Annette Baker
Tax Assessor/Collector, Calhoun County, Texas
Tax Roll Charge
Tax Roll Adjustments
Current Collections
Unpaid Balance
e
FM&L
ADVALOREM
NA VIG,EAST
WCID#l
$
$ 10,963,394.75
$ 220,378.54
$ 92,145.58
$
$
- 4,950.73
$
$ - 59.67
$
$ - 7,594,641.68
$ - 3,548. 17
$ - 82,325.46
$
$ 3,363,802.34
$ 216,830.37
$ 9,760.45
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e
Tax Roll Charge
Tax Roll Adjustments
Current Collections
Unpaid Balance
Tax Roll Charge
Tax Roll Adjustments
Current Collections
Unpaid Balance
e
DRAIN,#6
DRAIN,#8
$ 1,971.02
$ 15,303.43
$
$
... 6.92
$ - 1,430.59
$ - 10,628.87
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DRAIN,#lO
DRAIN,#ll
$ 12,136.71
$ 124,975.84
$
$
- 387.63
- .12
$-8,363.33
$ - 83,118.81
$
4,681.48
540.43
$
P,O'C MUD
WATER
$
166,433.80
$
$
- 234.20
$
$ - 101,844.13
$
$ 3,773.26
$-41,469.40
TOTAL
$ 11,596,739.67
$ - 5,625.43
$ - 7,885,901. 04
$
64,355.47
$
$
3,705,213.20
00
a:l
en
DELINQUENT TAX ROLLS
1939 thru 2000 TAXES
Year-to-Date Report as of December 31, 2001
en
en
en
I, Annette Baker, Tax Assessor/Collector of Calhoun County, do hereby certifY that the following is a correct list of the delinquent tax rolls, year to date delinquent tax collections,
adjustments and balance of Delinquent Tax Rolls as of December 31, 2000
~~~4'~ .
Annette Baker
Tax Assessor/Collector, Calhoun County, Texas
FM&L ADV ALOREM NA VIG,EAST WCID#I DRAIN,#6
Delinquent Balance Dec.3I,' 2000 $ 11,669.54 $ 214,602.32' $ 10,936.59 $ 259,96 $ 96,37
-
Colis, On Del. Taxes Jan, I thru
Dec. 31, 2001 $ - 1,490.80 $ - 96,3l8.91 $ - 2,275:.25 $ - 45.23 $ - 252.46
Adjms, To Del. Roll $ - 2,249,12 $ - 20,623.62 $ - 1,445.52 $ + .78 $ + 183.05
2000 Taxes Del. July I, 2001 $ $+ 90,547.25 $ + 862.59 $ + 68.82 $ + 20.25
Delinquent Roll Balance as of
Dee, 31, ,2001 ,
$
7,929.62
$ 188,207.04
$
8,078,41
$
284.33
$
47.21
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DRAIN.#8 DRAIN ,#10 DRAIN,#II PO'C MUD WATERDIST,
Delinquent Balance Dec.31, 2000 $ 779.52 $ 874.97 $ 8,983.80 $ 3,381. 09 $ 43.16
Colis, On Del. Taxes Jan, I thru
Dec,31, . 2001 $ - 857.46 $ - 110.95 $- 6,951. 00 $ - 3,126.54 $ - 2.18
Adjrns. To Del. Roll $ $ - 548.62 $+ 245.91 $ - 97.40 $ - .68
2000 Taxes Del. July I, 20~ $+ 175.36 $ + 215.72 $+ 5,350.71 $ + 3,233.40 $
Delinquent Roll Balance as of
Dee, 31, 2001
$
97.42
$
431.12
$
7,629.42
$ 3,390.55
$
40.30
ROADS STATE TOTAL
Delinquent Balance Dee.3l, 2.Q.Q.Q $ 78.5l $ 121.97 $ 251,827.80
Colis, On DeLTaxes Jan, I thru
Dee, 31, '2001 , $ - 19.93 $ - 13.34 $ - 111,464.05
Adjrns. To Del. Roll $ $ $ - 24,535,22
?OOO Taxes Del. July 1,200l- $ $ $ + 100,474.10
$ $ $
Delinquent Roll balance as of
Dec, 31, 2001 , $ 58.58 $ 108.63 $ 216,302;63
-
0
0
0
,"l"4
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DISTRICT CLERK - JP PCT 2 - JP PCT 3 - JP PCT 4 - JP PCT 5 - EXTENSION
SERVICE - MONTHLY REPORTS
The District Clerk presented her monthly report for February, JP Pet's 2 and 5 for
February, JP Pct's 3 and 4 for January and February and the Extension Service for
February, 2002, After reading and verifying same, a Motion was made by Commissioner
Balajka and seconded by Commissioner Finster that said reports be accepted as
presented, Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted
in favor.
BUDGET ADJUSTMENTS - ELECTIONS - MISCELLANEOUS - DISTRICT
CLERK - R&B PCT 2 - R&B PCT 4 - SHERIFF - GENERAL FUND
TRANSFERS/INDlGENT HEALTHCARE - MOLD REMEDIATION CAPITAL
PROJECT
A Motion was made by Commissioner Floyd and seconded by Commissioner Galvan that
the following Budget Adjustments be approved, Commissioners Galvan, Balajka, Floyd,
Finster and Judge Marshall all voted in favor.
BUDGET AMENDMENT REQUEST
I
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: ELECTIONS
DATE: 3114102
BUDGET FOR THE YEAR: 2002
Toml ror GENERAL FUND
o
NET CHANGE IN TOTAL BUDGET
o
A,OPPOVED
l . {c
MAR 1 8 2002
1.001
II BUDGET AMENDMENT REQUEST II
~e
To: Calhoun County Commissioners' Court
From: ~ ;" ( 0 Q Q (lA\n~
(Department making this request)
Date: 3-- {d.-OJ....;
I request an amendment to the J....a (J'd-..lbudget for the
(year)
following line items in my department:
GL Account #
Account Name
Amendment
Amount
d...~ (y (Q oCr I D f A5'''',,~~ G.t.d-
f( cJw~Jv
J"ia -(0;)$1"-' ~~~~:
500
Reason
=r~-;-i;;;:q-1-
z'Sac'!
,
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Net change in total budget
for this department is:
Other remarks/justification:
$
-()-
....------------
-------------
I understand that my budget cannot be amended as requested until
Commissioners' Court approval is obtained.
Signature of official/department head:
e
Date of Commissioners' Court approval:
Date posted to General Ledger account(s):
c
1002
e
e
e
II BUDGET AMENDMENT REQUEST II
To: Calhoun County Commissioners' Court
From: JJ~ ~
(Department making this request)
Date:
3 ---[-a)..;
3
I request an amendment to the c2D O')J budget for the
(year)
following line items in my department:
-------------
Amendment
Account Name Amount Reason
------------------ ------------- -------------------
GL Account #
tf.20 - G, (e:) LLv
Do ( - ifq &-L~
J~~4'i' I <to
\h' , ~ ; lifo)
........
Net change in total budget
for this department is:
Other remarks/justification:
$
-a-
-------------
-------------
~~
G~fN
~~:1tL
-#= lOSSY)
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:
Date posted to General Ledger account(s):
1003'
BUDGET AMENDMENT REQUEST
y
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: RIB PRECINCT 2
DATE: 3/14/02
BUDGET FOR THE YEAR: 2002
o
APPROVED
MAR 1 8 2002
1004
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BUDGET AMENDMENT REQUEST
.5
AMENDMENT
AMOUNT
714 REQUIRED BY PAYROLL
(714)
o
JIj, 1.~lI\
o
APPROVED
MAR 1 8 2002
1005
BUDGET AMENDMENT REQUEST
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: SHERIFF
DATE: 3/14/02
BUDGET FOR THE YEAR: 2002
AMENDMENT
AMOUNT
2,499 COMPUTERS
(2,499)
o
APPROVED
MAR J 8 2002
1006
/.s;
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'1
BUDGET AMENDMENT REQUEST
1
e
AMENDMENT
AMOUNT
445 TO PAY MOLD BILLS APPROVED 3/18/02
(445)
APPROVED
MAR 1 8 2002
e
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1.007
BUDGET AMENDMENT REQUEST
c;g
TO: CALHOUN COUNTY COMMISSIONERS' COURT
FROM: CAPITAL PROJECT-MOLD REMEDIATION
DATE: 3/13/02
BUDGET FOR THE YEAR: 2002
Total for FUND
o
NET CHANGE IN TOTAL BUDGET
p:.PP'i~'IOVE 0
MAR 1 8 2002
1008
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1
Fund
Code
1000
Total
1000
Report Total
Effective
Date
Fund Title
3/181200~ GENERAL FUND
Dale: 3/14/0207:34:36 PM
GENERAL FUND
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Unposted Budget Transactions - REVENU~ ADJUSTMENTS FOR 3/18/02
BUD200. BUDGET ADJUSTMENTS FOR 3/18/02
6 0 p~~~0
Transaction Description
TRAVEL REIMB, BY TX CTR
FOR JUDICIAR Y
DeptTitle
GL Title
-a-J
o
o
,-4
Increase Decrease
REVENUE
MISCELLANEOUS REVENUE
140,00
140,00
APPROVED
140,00
MAR 1 8 2002'
e
0,
0,
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_
Fund Effective
Code Date Fund Title
1000 311812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 311812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3/1812002 GENERAL FUND
1000 3118/2002 GENERAL FUND
1000 3/18/2002 GENERAL FUND
1000 3/18/2002 GENERAL FUND
1000 3/18/2002 GENERAL FUND
1000 3/1812002 GENERAL FUND
Total GENERAL FUND
1000
5210 3/1812002 CAPITAL PROJECTMOLD
REMEDIATION
5210 3/1812002 CAPITAL PROJECTMOLD
REMEDIATION
5210 311812002 CAPITAL PROJECTMOLD
REMEDIATION
5210 3/18/2002 CAPITAL PROJECTMOLD
REMEDIATION
Total CAPITAL PROJECTMOLD
5210 REMEDIATION
Report Total
Dale: J!l4/02 01:)):40 PM
CALHOUN COUNTY. TEXAe
Unposted Budget Transactions. EXPEND:.ADJUSTMENTS FO
BUD200. BUDGET ADJUSTMENTS fOR 3/18102
Transaction Description
LINE ITEM TRANSFER
LINE ITEM TRANSFER
LINE ITEM TRANSFER
PO# 15297
PO# 15297
TO PAY MOLD BILLS
APPROVED 3/18102
TRAVEL REIMB. BY TX CTR
FOR JUDICIARY
LINE ITEM TRANSFER
LINE ITEM TRANSFER
REQUIRED BY PAYROLL
REQUIRED BY PAYROLL
COMPUTERS
COMPUTERS
TO PAY MOLD BILLS
APPROVED 3118/02
Dept Title
R3/1 /02 APPROVED
MAR J 8 2002
GL Ti e Increase
ELEq ION SUPPLIES 356,OC
LEGAL 187,Oq
543,00
Decrease
ELECTIONS
ELECTIONS
ELECTIONS
MISCELLANEOUS
POSTAGE
COMMUNITY ALERT
NETWORK
INSURANCE-LIABILITY AND
PROPERTY
CARE OF INDlGENTS
500,00
MISCELLANEOUS
500,00
445,00
INDIGENT HEALTH CARE
DISTRICT CLERK
TRAINING TRAVEL OUT OF
COUNTY
ROAD & BRIDGE SUPPLIES
140,00
107,00
107,00
714,00
114,00
2,499,00
2,499,00
445,00
4,948,00 4,808,00
52,00
165,00
228,00
445,00
445,00 445,00
ROAD AND
BRIDGE-PRECINCT #2
ROAD AND
BRIDGE-PRECINCT #2
ROAD AND
BRIDGE-PRECINCT #4
ROAD AND
BRIDGE-PRECINCT #4,
SHERIFF
SHERIFF
TRANSFERS
SUPPLIES-MISCELLANEOUS
MAINTENANCE EMPLOYEES
WORKERS COMP
ADJUSTMENTS
GENERAL OFFICE SUPPLIES
CAPITAL OUTLA Y
TRANS,TO CAP,PROJ, MOLD
REMEDIATION
TO PAY MOLD BILLS NO DEPARTMENT MOLD REMEDIATION
APPROVED 3/18/02
TO PAY MOLD BILLS NO DEPARTMENT TELEPHONE SERVICES
APPROVED 3/18/02
TO PAY MOLD BILLS NO DEPARTMENT UTILITIES
APPROVED 3/18/02
TO PA Y MOLD BILLS NO DEPARTMENT TRANSFERS FROM
APPROVED 3/18/02 GENERAL FUND
5,393,00
5,253.00
P......l
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