2002-03-06
SPECIAL MARCH TERM HELD MARCH 6, 2002
THE STATE OF TEXAS !l
COUNTY OF CALHOUN !l
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BE IT REMEMBERED, that on this the 6th day of March, A.D., 2002 there was begun
and holden at the Courthouse in the City of Port Lavaca, said County and State, at 10:00
A.M., a Special Term of the Commissioners' Court, within said County and State, and
there were present on this date the following members of the Court, to-wit:
Arlene N. Marshall
Roger C. Galvan
Michael J. Balajka
H. Floyd
Kenneth W. Finster
Shirley Foester
County Judge
Commissioner, Pct. 1
Commissioner, Pct. 2
Commissioner, Pct. 3
Commissioner, Pct. 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of
Allegiance.
SUPPORT ACCEPTANCE OF VICTIM ASSISTANCE GRANT FOR CRIMINAL
DISTRICT ATTORNEY'S OFFICE - RESOLUTION
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A Motion was made by Commissioner Finster and seconded by Commissioner Balajka to
accept the GIant for a Victim Assistance GIant for an "on site" Victim Witness
Coordinator/Liaison for the Criminal District Attorney's Office and to be a temporary
position not subject to any benefits and authorize the County Judge to sign. In
discussion, District Attorney Dan Heard stated this grant is for a nineteen-month part-
time position; no matching funds and no obligations. He asked the Court to exclude this
temporary position from benefits and he will have the person sign forms stating there will
be no benefits.
Vote on the Motion: Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall
all voted in favor.
March 4, 2002
MEMO
The District Attorney's office has obtained a Crime Victim' 5 Assistance Grant, which does not
require matching funds or agreement to continue the position. The grant: covers a 19-month
period comprised of the balance of the 2002 State Fiscal year, which ends O? August 31> 2002,
and the 2003 State Fiscal year, which ends on August 31, 2003 and is in the total amount of
$47,660.00. See attached approval Budget Summary.
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This grant will be used to insure that statutory obligations of the District Attorney's office
regarding victims are met. This will include better coordination, service, and follow.up for
victims within the District Attorney's office, along with better coordination with law
enforcement agencies and other service providers such as The Harbor, Mid Coast Council, and
Gulf Bend Center. There are many crime victim services that can onJy be provided by someone
within the District Attorney offices.
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DAN W. HEARD,
Criminal District Attorney
DWH:mes
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CALHOUN COUNTY RESOLUTION
WHEREAS, The Commissioners' Court of Calhoun County finds it is in the best interest
of the citizens of Calhoun County to assist the Calhoun County Criminal District Attorney, and
WHEREAS, The Commissioners' Court of Calhoun County has considered the proposed
application for State and Federal Assistance for the Criminal District Attorney, in the amount of
$47,660.00 to be submitted to the office of the Attorney General of Texas, Crime Victim
Compensation Program for a Victim Assistance Grant; and
WHEREAS, The Commissioners' Court of Calhoun County has agreed that in the event
of loss or mis-use of the Attorney General's funds, Calhoun County Commissioners' Court
assures that the funds will be returned to the Criminal Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED, that Commissioners' Court of Calhoun
County approved submission of the grant application from the Calhoun County Criminal District
Attorney to the office of the Attorney General of Texas - Victim Assistance Grant Program in
the amount of $47,660.00 for salary (excluding fringe benefits), travel and training.
day of
,2002.
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PASSED AND APPROVED by Calhoun County Commissioners' Court on this the
APPROVED:
ARLENE N. MARSHALL, County Judge
ROGER C. GAL V AN,
Commissioner, Pct. I
H. FLOYD,
Commissioner, Pct. 3
MICHAEL BALAJKA,
Commissioner, Pet. 2
KENNETH W. FINSTER,
Commissioner, Pct. 4
A TrEST:
MARLENE PAUL, County Clerk
by: Shirley Foester, Deputy
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NONPROCUREMENT DEBARMENT CERTIFICATION
Instructions:
First, read the instructions and guidelines on the following two pages. Then, complete this certification form and return it to the
Grants Coordinator for the Office of the Attorney General.
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U.S. DEPARTMENT OF JUSTICE
OFFICE OF THE COMPTROLLER
Certificate regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
(Sub-recipient)
This certification is required by the regulations implementing Executive Order 12549, Debannent and Suspension, 28 CFR Part 67,
Section 67.510, Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register
(pages 19160-19211).
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
e ARLENE N. MARSHALL
ame of Authorized Official
COUNTY JUnGE FOR CALHOUN COUNTY
Title of Authorized Official
/ /
Signature Date
CALHOUN COUNTY CRIMINAL DISTRICT ATTORNEY
Name of Organization
211 South Ann Street, Room 103, Port Lavaca, TX 77979-1001
Address of Organization
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CERTIFIED ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars
No. A-2J, A-IlO, A-122, A-J28, A-87; RD. 123 72 and Uniform Administrative Requirements/or Grants and Cooperative Agreements-28 CFR, Parl66,
Common Rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution. motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body. authorizing the filing of the application, including all under.standings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional
information as may be required.
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2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 RL. 91-646)
which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs.
3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal
employment is in connection with an activity financed in whole orin part by Federal grants. (5 use 1501, et seq.)
4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable.
5. It wiII establish safeguards to prohibit employees from using their positions for a purpose that is or give the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom they have family. business, or other ties.
6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the grant.
7. It will comply with all requirements imposed by the Office of the Attorney General or by a sponsoring Federal agency, if applicable, concerning special
requirements of law, program requirements. and other administrative requirements.
8. It will insure that the facilities under its ownership, lease or supezvision which shall be utilized in the accomplishment of the project are not listed in the
Environmental protection Agency's (EPA-list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EP A.
9. It will comply with the flood insurance purchase requi~ments of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87
Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of any Federal [mancial assistance for construction or acquisition purposes for use in any area e
that had been identified by the Secretary of the Depanment of Housing and Urban Development as an area having special flood hazards. The phrase
"Federal financial assistance" includes any fonn of loan, grant. guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any
other fonn of direct or indirect Federal assistance.
10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Presetvation Act of 1966 as amended (16 USC
470), Executive Order 11593, and the Archeological and Historical Presetvation Act of 1966 (16 USC 569a-l, et seq.) by (a) consulting with the State
Historic Presetvation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National
Register of Historic Places that are subject to adverse effects (see 36 CPR Part 800.8) by the activity, and notifying the Federal grantor agency of the
existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse
effects upon such properties.
II. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial Guide; and all other applicable Federal laws, orders, circulars, or
regulations.
12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part
20, Criminal Justice Infonnation Systems; Part 22, Confidentiality of Identifiable Research and Statistical Infonnation; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Depanment of Justice Programs and Activities; Part 42, Nondiscrimination! Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Pan 63, Floodplain
Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
13. It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, 42 USC 3789(d), 01 Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 ofthe
Rehabilitation Act of 1973, as amended; Subtitle A, Title n of the Americans With Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E,
and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the
grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
14.
IS.
It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for 5500,000 or more.
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Signature of Authorized Official
Calhoun County Criminal District Attorney
Applicant Organization
Date
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COMPREHENSIVE CERTIFICATION
: This certification is a material representation of fact upon which reliance was placed with the agency determined to award the grant If it is later determined that
the grantee knowingly rendered an erroneous certification, the agency. in addition to any other remedies available to the federal govermnent or state agency. may
take available action.
_ certify to the best of my knowledge and belief:
W. No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federa11oan. the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement; and
2. If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress. an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall check here _ and contact the Grants Coordinator of the Office of the Attorney General for the
"Disclosure Fonn to Report Lobbying:'
I certify that to the best of my knowledge and belief:
I. The applicant certifies that it will provide a drug-free workplace by:
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A.
Publishing a statement notifying employees/assignees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
Establishing a drug-free awareness program to inform employees/assignees about:
1. The dangers.ofdrug abuse in the workplace;
2. The applicant's policy of maintaining a drug-free workplace~
3. Any available drug counseling, rehabilitation. and employee assistance programs; and
4. The penalties that may be imposed upon employees/assignees for drug abuse violations.
Making it a requirement that each employee/assignee to be engaged in the perfonnance of the grant be given a copy of the statement required
by paragraph (A).
Notifying the employee/assignee in the statement required by paragraph (A) that, as a condition employment/assignment under the grant, the
employees/assignee will:
I. Abide by the terms of the statement, and
2. Notify the applicant agency and Grants Coordinator for the Office of the Attorney General of any criminal drug statute conviction
for a violation occurring in the workplace not later than five days after such conviction.
Notifying the agency within ten days after receiving notice under subparagraph (0)(2) from an employee/assignee or otherwise receiving
actual notice of such conviction.
Taking one of the following actions with respect to any employee/assignee 50 convicted:
1. Taking appropriate personnel action with respect to any employee/assignee 50 convicted;
2. requiring such employee/assignee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
Making a good faith effort to continue to maintain a drug-free workplace through the impiementation of paragraphs (A), (B), (C), (D), (E),
and (F).
B.
C.
D.
E.
F.
G.
I certify (initial the appropriate choices):
_ The applicant agency currently expends combined federal funding of $300,000 or more, and. therefore, is required to submit an annual single
audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133.
_ The applicant agency currently expends combined state funding of $300,000 or more, and, therefore, is requiied to submit an annual single audit
by an independent auditor made in accordance with the Uniform Grant Management Standards (UGMS).
_ The applicant agency currently expends no federal funding or combined federal funding ofless than $300,000 and therefore is exempt from the
Single Audit Act and cannot charge audit costs to a V ADG grant. I understand, however, that GAG may require a limited scope audit as defined in
OMB Circular A-133.
If this application is for funds in excess of $25,000, I certify that (initial the appropriate choice):
_ By submission of this proposal, that neither the applicant agency or its principals are presently debarred, suspended, proposed for deb~ent,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or state agency.
_ I am unable to certify the above statement and have attached an explanation to his application.
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Signature of Authorized Official
Date
Calhoun County Criminal District Attorney
Applicant Organization
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~~. OFFlcn OFT HE ATTORNEY OnNEML . STATE OF TEXAS
~ JOHN CORNYN
APPROVEDBUDGETS~Y
GRANTEE: Calhoun County District Attorney
GRANT NUMBER: 02-003834
AWMID AMOUNT: $47,660
GRANT PERIOD: 02101/02-8131/03
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Budgetfor Fiscal Year 2002: 02/01/02-8/31/02
PERSONNEL
Annual Salary
Fringe Benefits
VAG FUNDS
$17,064
$0
TRA VELrrRAINING
$2,500
TOTAL FOR FISCAL YEAR 2002: $19.564
Budgetfor Fiscal Year 2003: 9/1/02-8/31/03
PERSONNEL
Annual Salary
Fringe Benefits
VAG FUNDS
. $25,596
$0
TRA VELrrRAINING
$3.700
TOTAL FOR FISCAL YEAR 2003' $28096
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TOTAL 2 YEAR A WARD: $47,660
COMMUNITY GUN VIOLENCE GRANT FOR ADDmONAL CRIMIAL
DISTRICT ATTORNEY PROSECUTOR
Criminal District Attorney Dan Heard requested support for a Community Gun Violence
Grant for $96,000 covering three years to hire an additional prosecutor for the Criminal
District Attorney's Office with matching County funds of $8,000 a year for three years
and for the County to have a good faith intention to extend it for one additional year. He
stated the grant had already been applied for. Commissioner Floyd asked that he
approach the Court before applying for grants. No action was taken. This item will be
put on the March 18, agenda.
PROJECT COOPERATION AGREEMENT FOR INDIANOLA-MAGNOLIA
BEACH SHORELINE RESTORATION PROJECT
Commissioner Floyd referred to page 2 of the Agreement for Final Design, bidding and
Construction Funding for IndianolalMagnolia Beach (Shoreline Restoration Project)
concerning Article ill.
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FUNDING: a. "The Qualified Partner shall be responsible for at least 15% of the shared
project costs as set forth in this Agreement (the "Partner Match") and may be subject to a
Partner Match exceeding this minimum amount." He suggested "at least" be deleted and
"exceeding this minimum amount" be deleted (this was previously taken out).
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A Motion was made by Commissioner Galvan and seconded by Commissioner Floyd to
authorize the County Judge to enter into a Project Cooperation Agreement for Final
Design, Bidding and Construction funding for Indianola/Magnolia Beach (shoreline
restoration project) and to talk to Robert VanBorssum and attorneys for corrections as
stated by Commissioner Floyd regarding Funding in Paragraph 3.0 I.
In discussion, Shannon Salyer said if changes are made in the agreement, it will have to
be returned to the General Land Office legal department and will cause delay of the
project. Commissioners Galvan, Balajka, Floyd, Finster and Judge Marshall all voted in
favor.
GLO Contract No. 02-330C
Coastal Projects No. 10 12
PROJECT COOPERATION AGREEMENT
FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING
FOR
INDIANOLA-MAGNOLIA BEACH
This Project Cooperation Agreement (the "Agreement") is made and entered into by and
between the General Land Office (the "GLO") and Calhoun County Navigation District and
Calhoun County (collectively referred to as the "Qualified Project Partner") pursuant to the
Coastal Erosion Planning and Response Act, TEX. NAT. REs. CODE ANN. 9933.601-12 (Vernon
2001 & Supp. 2002).
WHEREAS, on the 7th day of September, 2000, the GLO and the Qualified Project
Partner entered into a Project Cooperation Agreement For Evaluating Erosion Response
Alternatives for Indianola-Magnolia Beach, denominated GLO Contract No. 00-349C, to assess
the feasibility, cost, and financing of different methods of avoiding, slowing, or remedying
coastal erosion for such location (the "Alternatives Evaluation"); and
WHEREAS, upon completion of the Alternatives Evaluation, the GLO has determined
that one or more of the preferred alternatives is a viable option for addressing erosion for
Indianola-Magnolia Beach, and has authorized funding from the Coastal Erosion Response
Account (the "Account") to finance such preferred alternatives; and
WHEREAS, this Agreement and all attachments hereto (referred to collectively as the
"Agreement") shall set forth the terms and conditions under which an erosion response project
will be-completed and funded;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I. EROSION RESPONSE PROJECT.
1.01. PROJECT DESCRIPTION. The parties agree to address the erosion problem on
Indianola-Magnolia Beach by restoring the shoreline using sand nourishment and other erosion
response methods (the "Project"). The project will include proceeding to final design, bidding
and construction for the Project, including engineering, permitting, developing bidding
specifications, bidding support, and contracting for a combination of shoreline protection and
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beach nourishment. The exact placement and combination of these techniques will be
determined in the design phase of the Project. The Project encompasses an area approximately
5300 feet long.
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1.02. TASKS. The parties shall complete the Project in accordance with the Project Work
Plan, attached hereto as Attachment A and incorporated herein for all purposes.
1.03. PROJECT BUDGET. The parties agree that all expenses associated with the
performance of this Agreement will be paid in accordance with the Budget, attached hereto as
Attachment B and incorporated herein for all purposes. In the event the parties agree that
additional tasks and/or funds are required for the completion of the Project, the parties shall execute
an amendment to this Agreement.
II. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate on August 31, 2003, unless extended by mutual agreement.
2.02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
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2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within J/:Jurteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify
the Qualified Project Partner and furnish the Qualified Project Partner with the names of three
mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner
shall select a mediator from the list"provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with TEX. GOY'T CODE ANN ch 2260 (Vernon 2001 and
Supp. 2002).
III. FUNDING.
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least
15% of the shared project costs as set forth in this Agreement (the "Partner Match") and may be
subject to a Partner Match exceeding this minimum amount. The Qualified Project Partner
acknowledges that no costs incurred by the Qualified Project Partner before entering into
this Agreement or not in accordance with the Attachment B can be used to offset the
Partner Match.
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b. For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of execution of this Agreement, and include a
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description of the Partner Match, how it is to be provided, and a timeline for providing it over the
course of the Agreement. All in-kind Partner Match determinations are subject to the review and
approval of the GLO. All in-kind Partner Match requirements must be accounted for before the
expiration of this Agreement.
c. For a cash Partner Match, the full amount is due within ninety (90) days of the
execution of this Agreement. This match contribution should be submitted to the following:
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 127
P.O. Box 12873
Austin, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work
cooperatively to investigate and secure funding from sources other than the Account. Alternative
sources of funding acquired by the Qualified Project Partner after the execution of this
Agreement may be used to meet the Partner Match.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the GLO in violation of Sec. 49, Art. ill of the State Constitution. In
compliance with Sec. 6, Art. VllI of the Constitution, it is understood that all obligations of the State
hereunder are subject to the availability of State funds. If such funds are not appropriated or
become unavailable, this Contract may be terminated. In that event, the parties shall be discharged
from further obligations, subject to the equitable settlement of their respective interests accrued up
to the date of termination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further
agrees to maintain, keep, and preserve at its principal office all such records, and all other records
associated with this Agreement, for a period of four (4) years following the completion or
termination of this Agreement and to make the same available to the GLO or other agencies of the
state or federal government for purposes of audit.
IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
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4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act, TEX. NAT. REs. CODE ANN. ch 61 (Vernon 2001
& Supp. 2002) and the Dune Protection Act, TEX. NAT. REs. CODE ANN. ch 63 (Vernon 2001 &
Supp. 2002). The Qualified Project Partner acknowledges that it will reimburse the Account for any
costs to the erosion response project, whether in the form of increased project costs or decreased
benefits, resulting from any action or activity which has occurred or is occurring that is not in
compliance with the relevant local beach/dune planes).
4.03. POINTS OF CONTACT.
a. The GLO's point of contact for this Agreement shall be:
Jimmy Tyree
Project Manager
P.O. Box 12873
Austin, Texas 78711-2873
(512) 475-1552
(512) 475-0680-- fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Calhoun County Navigation District
Robert Van Borssen, Port Director
P.O. Box 397
Point Comfort, Texas 77978
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Project
Partner at the address set forth in Section 4.03 of this Agreement.
4.05. . VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should anyone or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
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4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
QUALIFIED PROJECT PARTNER
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Name: Roger G. Martinez
Title: Board Chairman
Calhoun County Navigation District
Date of execution:
Larry R. Soward, Chief Clerk!
Senior Deputy Land Commissioner
~.A.
. IV.
G.c.
Name: Arlene Marshall
Title: County Judge
Calhoun County
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Date of execution:
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ATTACHMENT A
PROJECT WORK PLAN
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PROJECT WORK PLAN
FINAL DESIGN, BIDDING, CONSTRUCTION
Indianola Beach
Project #1012
SECTION 1.
To aid in the completion of the Project, the GLO, assisted by the Qualified Project
Partner (QPP), shall undertake the following:
a.
b.
c.
d.
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Contract with a professional services provider acceptable to the QPP to:
conduct appropriate analysis as needed to document existing site
conditions.
recommend an appropriate post-project monitoring program;
conduct SBEACH modeling of project site;
develop construction drawings;
provide plans and specifications;
prepare permit applications;
provide bidding support.
Provide construction oversight
Develop a general work order for the professional services provider.
Manage the contracts with the professional services provider.
Identify legal requirements for the use of state-owned submerged land.
Receive materials from the QPP relating to work products and expenditures to
determine the in-kind value of those work products that can be used to offset the
QPP's cash cost-sharing requirement.
Provide financial point of contact.
SECTION II.
To aid in completion of the project, the QPP, assisted by the GLO, shall undertake the
following:
a. Identify and coordinate with the GLO any in-kind services that will count toward
the cost-sharing requirement under this Agreement:
labor;
volunteer;
equipment;
supplies; and
contractual.
b. Document local support of the Project.
c. Confer and cooperate with the GLO to establish a process for obtaining
landowner consent, if needed.
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d.
Disclose any other contractual relationship between the QPP and the selected
professional services provided or professional services provider's subcontractors
during the term of the Agreement.
Provide financial point of contact.
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ATTACHMENT B
PROJECT BUDGET
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91.5
ESTIMATED BUDGET FOR INDIANOLA BEACH
SHARED PROJECT COSTS
CONTRACTUAL TOTALS
1. Professional Service Provider
Task 1- Final Design/plans and specs $68,536.83
Task 2 - Permitting! Application Preparation $3,983.84
Task 3 - Biddina Support $6,956.00
Task 4 - Proiect MeetinQs $6,765.20
Task 5 - Construction Oversight $28,000.00
2. Construction $2,165,828.13
Subtotal $2,280,070.00
OTHER
1. $0.00
2. $0,00
Subtotal $0
TOTAL NOT TO EXCEED PROJECT COST $2,280,070.00
COST SHARING REQUIREMENTS
Qualified Proiect Partner IQPP)
15% of Total Costs $342,0 10.50
Partner In-kind $0
Alternative Source of Fundina $0
TOTAL (15% of total costs - partner in-kind - QPP alternative funding)
QUALIFIED PROJECT PARTNERS' CASH SHARE * $342,010.50
CEPRA
85% of Total Costs $1,938,059.50
.
Alternative Source of Fundina $0
TOTAL (85% of total costs - GLO in-kind - GLO alternative funding)
COASTAL EROSION RESPONSE ACCOUNT'S SHARE $1,938,059.50
. Please specify when using historically underutilized business as required by state law.
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91.6
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GROUNDWATER CONSERVATION DISTRICT - CREATION OF DISTRICT
INFORMATION
Mr. Kelly Mills, geologist with TNRCC gave a presentation on groundwater management
issues and creating a groundwater conservation district. All members of the Calhoun
County Groundwater Conservation District Study Committee, with the exception of
Wanda Roberts, were present.
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He stated creation of new groundwater conservation districts has been a law since 1949.
A groundwater conservation district is any district or authority that is created that has the
authority to regulate the spacing of water wells or the production from water wells or
both. The groundwater district law is in Chapter 36 of the Texas Water Code and he
suggested the Study Committee read this. This law is the State's preferred method of
water management. Surface water is owned by the State and in trust for benefit of its
citizens. To use surface water, a permit is required from TNRCC. Groundwater is
governed by the rule of capture; this is not in the Texas Water Code, it is Court law. It
says a landowner can capture and own all the water he can produce to the surface and can
put it to any beneficial use, even to sell.
In Chapter 36, groundwater districts are given authority to manage groundwater and try
to limit the rule of capture.
The purpose of groundwater conservation districts is to provide for conservation,
preservation and protection and recharging the groundwater, prevent waste of
groundwater and control of subsiding caused by groundwater withdrawal.
The four ways to create a district are:
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1. Special enabling act passed by Legislature (90% are created this way). Legislature
can add authorities for districts they create or can deny same.
2. Landowner petition process to the TNRCC. Fifty or more landowners can petition to
create a district administratively. The Commission will have an Order creating the
district. Petition will include the names for temporary director and the Order will
name these people as such.
3. Petition to an existing groundwater conservation district. State law allows a
landowner individually or a group of landowners, to petition an adjacent groundwater
district to be added to that district. .
In process 1 and 3, there is always a confmnation election. At some point, the people
decide whether they want to create a district and whether they want to approve a tax for
the district to finance its operations and management and they will elect permanent
directors who serve for four year staggered terms.
4. By TNRCC initiative in a priority groundwater management area. This is initiated by
TNRCC after a detailed study and after certain actions have or have not taken place.
If it goes this route, the citizens do not get to vote on the creation ofthe district but do
get to vote on the tax and directors.
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Groundwater management areas - The 1949 original Legislation laid the process where
the Commission's predecessor would designate management area. These were
designated, identified geographic areas suitable for the management of groundwater
resources - an aquifer or unit of an aquifer. Provisions require that the TNRCC cannot
create a groundwater management area. The Legislature does not have to follow this
requirement; they can create a district anywhere they see fit. Districts that are in a
groundwater management area are required to coordinate groundwater management area
are required to coordinate groundwater management planning - they define what that
means - must file management plans with each other and look at the plans individually
and may do some things collectively.. In Senate Bill 2, the authority and jurisdiction for
designating groundwater management areas was moved from TNRCC to the Texas Water
Development Board and required the Board to designate management areas for all the
State's major and minor aquifers by September 2003. The reason for this is prior to
Senate Bill 2, they were designated by the Commission's rule, making it a yearlong
process. Senate Bill 2 streamlines the landowner's petition process for creating a
groundwater conservation district.
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Priority groundwater management area - This is an area that the State is experiencing or
expects to experience critical groundwater problems within the next twenty-five years
regarding (I) shortages of surface and groundwater supplies (2) groundwater
contamination (3) subsiding caused by drought. TNRCC is required to identity these
areas. The process begins with a meeting ofTNRCC and Water Development Board and
then calIs for a study by TNRCC with input from Texas Parks and Wildlife Department,
and local government units. The Executive Director collects the reports and
recommendations. A hearing is held before an Administrative Law Judge who considers
the reports and input from the public and the need for the groundwater conservation
district. After an area is designated a PGMA, State law provides a two-year opportunity
for landowners to create the district through any of the other three methods. If you don't,
TNRCC wiII create the district which will be by a Commission's Order and this Order
will require the Commissioners' Court to appoint temporary directors of the district who
are instructed to hold an election to consider a tax proposition and district directors. If
the tax proposition fails, the district will be funded by production fees.
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If a confirmation election fails, if the district is not created by a set date, that Legislation
will be repealed.
Groundwater resources are very varied. There are nine major and twenty minor aquifers
in Texas. The Texas Water Code in Chapter 36 is very flexible because management of
an aquifer deals with varied needs. Water sources across Texas are very different.
Requirements of a groundwater conservation district are (1) they are a unit of local
government and accountable to the public (2) they must hold open meetings and have
open records (3) they must adopt a budget subject to an annual audit and (4) they must
maintain an office.
The required duties are to register and permit wells and to adopt a groundwater
management plan with rules to implement the plan.
They have a lot of authorized powers that may be exercised at the local level to
accomplish groundwater management - the authority to do research and establish
monitoring networks and to evaluate an aquifer at a level that the State is unable to do.
They also set spacing regulations for water wells to minimize water well interference.
They have the authority to adopt production regulations regarding acreage of land.
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The Calhoun County Groundwater Conservation District Study Committee should
determine if Calhoun County needs a groundwater conservation district.
A groundwater district is required to permit and register water wells. In State law, some
are exempt from permits such as domestic livestock, poultry and wells under Railroad
Commissioner jurisdiction, etc. If no district is created, rule of capture applies and
TNRCC is not involved, as they have no jurisdiction or authority to regulate groundwater
protection.
Connie Hunt stated as a groundwater management area will be created no later than
September I, 2005 and the Commission will study reports annually which include a
recommendation of whether one or more districts should be created, can the State
mandate Calhoun County create a district? Mr. Mills said that is Senate Bill 2 - priority
groundwater management area provision that was a modification of Senate Bill 1 in 1997.
To date, the Commission has done seventeen priority groundwater management areas, six
of which have critical groundwater problems. According to Senate Bill 2, by September
2005, the Water Commissioner will complete all the studies for all the States' major and
minor aquifers. Calhoun County has not been evaluated but will be before September I,
2005. It may be evaluated with a block of counties. If the evaluation shows no problems,
Calhoun County cannot be designated. Commissioner Balajka asked how Calhoun
County will be affected if grouped with a county with problems. Mr. Mills replied that
within the five surrounding counties, it will be hard to say Calhoun County has critical
water problems.
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Commissioner Finster said any landowner could put in producing wells and sell the
water. In an underwater conservation district, can this be prevented? Mills answered the
district can only require permits for transportation of water out of district and assess a fee
on the water transported. The district cannot regulate transportation of water out of the
district if it is not regulating everybody else in the district. The district makes the
decisions and the Board of Directors will set the regulations.
J. C. Melcher said all acts are created by the Legislature. What is to prevent the
Legislature from taking the water? Mr. Mills said that prior to 1997 the state water plan
was by the Water control Board. Senate Bill 1 in 1997 redefined water uses, the 1996
drought changed water planning to a top priority. He could not speculate on Legislative
action. The rule of capture has been upheld, going to the Supreme Court. Senate bill 2
regulation is banking on groundwater conservation districts to regulate the water and the
2001 Legislature strengthened the authority.
Mr. Mills said a recent Attorney General's opinion is:
Commission Court members cannot serve as members of a groundwater conservation
district, however, Texas Water control Board members can serve. The Texas Water
Control Board is a State agency responsible for water planning and for loans and grants
for water purveying. TNRCC is a regulatory agency but cannot regulate the
groundwater.
Mr. Mills said a water infrastructure bond is a fund for moving water as in Articles 2, 35,
36 and 3 of the Water Code.
Commissioner Floyd asked if Calhoun County is a designated priority ground water
management area, a state agency can come in and designate this. Can the County
establish their own district? Mr. Mills said they could. Commissioner Floyd, to clarify,
said the landowners then have two years to create a district and if they don't, the
Commission is required to create the district, etc. Mr. Mills said if Calhoun County is
designated as a priority ground water management area and the landowners lose
opportunity to vote as to creation of a district. RE: Senate Bill 2, all new groundwater
conservation districts can assess taxes or production fees or both. The tax is an ad
volorem tax of 50~ per $100 of assessed evaluation, for property tax and production fees
against only people with permitted wells.
Oscar Hahn suggested going to a Guadalupe-Blanco River Authority meeting for the
long-term plan for answers. San Antonio is to build a 91-inch pipeline to the Guadalupe
River and pump water to them. Goliad, Refugio and Karnes Counties are to build well
fields. He described the system of pumping water to the aquifer and de-salting it and
putting it back into the Edwards Aquifer.
Mr. Mills said the groundwater conservation district has the authority to grant exemption
from the rules of the district. There is no time limit for Calhoun County to create a
district and no threat from the State or TNRCC. TNRCC must do priority groundwater
studies and designation before September 1, 2005. Then Calhoun County has a deadline
of two years to create a district.
Mr. Desikar at Texas A&M University is the contact person for additional information
and B-1612 is the publication. Also, Texas Alliance of Groundwater District compiled a
ground water district operations manual and also has a Web page.
Commissioner Floyd said a list of indicators that we need a district are:
(1) draw down of wells and aquifers not recharging as fast
(2) weigh who uses the water, the uses, historical use, projected demands and change of
uses
Mr. Mills said a pnonty groundwater conservation district is needed if the local
population wishes to control their destiny and groundwater resources.
Commissioner Balajka stated a district has the authority to regulate anyone selling water.
It can protect our future rights.
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GROUNDWATER CONSERVATION DISTRICT STUDY COMMITTEE -
ADDITIONAL APPOINTMENTS
A Motion was made by Commissioner Floyd and seconded by Commissioner Balajka
that Gus Aguirre and Galen Johnson be appointed to the Calhoun County Groundwater
Conservation District Study Committee. Commissioners Galvan, Balajka, Floyd, Finster
and Judge Marshall all voted in favor.
GENERAL DISCUSSION
Commissioner Finster mentioned the preliminary plat of Mayfield Subdivision on the
north side of Port O'Connor. If a de-plat of the Port O'Connor Townsite is done, all
streets and alleys will disappear and it becomes one tract. The Port O'Connor MUD does
not want to furnish utilities to those.
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Commissioner Balajka suggested a group to discuss the Dow Chemical Company tax
abatement. Judge Marshall advised that thirteen entities are to meet concerning assets
and liabilities of same and to offer support to Dow. Commissioner Finster and Judge
Marshall are to attend the meeting. Commissioner Floyd said there are two separate
issues with Dow; the existing abatement needs to be addressed first. Judge Marshall said
the current Dow tax abatement will be put on the agenda for March 18, 2002.
THE COURT ADJOURNED AT 12:10 P.M.
SPECIAL MARCH TERM
HELD MARCH 8, 2002
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THE STATE OF TEXAS ~
COUNTY OF CALHOUN ~
BE IT REMEMBERED, that on this the 8th day of March, AD., 2002 there was begun
and holden at the Courthouse in the City of Port Lavaca, said County and State, at 9:00
AM., a Special Term of the Commissioners' Court, within said County and State, and
there were present on this date the following members of the Court, to-wit:
Arlene N. Marshall
Roger C. Galvan
Michael J. Balajka
(ABSENT) H. Floyd
Kenneth W. Finster
Shirley Foester
County Judge
Commissioner, Pct. I
Commissioner, Pct. 2
Commissioner, Pct. J
Commissioner, Pct. 4
Deputy County Clerk
Thereupon the following proceedings were had:
Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge of
Allegiance.
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ADOPT A COUNTY SAFETY PLAN
Judge Marshall asked for recommendations regarding the previous Texas Association of
Counties (TAC) Workers' Compensation Self-Insurance Fund safety incentive program
report. Ethel Jecker with the Health Department recommended this report or any plan to
keep taxes at a minimum and to avoid law suits; either this plan or an adaptation or even
a stricter plan.
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