2020-11-18 CC PACKETCommissioners' Court — November 18, 2020
REGULAR 2020 TERM § NOVEMBER 18, 2020
BE IT REMEMBERED THAT ON NOVEMBER 18, 2020, THERE WAS BEGUN AND HOLDEN A
REGULAR TERM OF COMMISSIONERS' COURT.
1. CALL TO ORDER
This meeting was called to order at 10:00 A.M by Judge Richard Meyer.
2. ROLL CALL
THE FOLLOWING MEMBERS WERE PRESENT:
Richard Meyer
David Hall
Vern Lyssy
Clyde Syma
Gary Reese
Anna Goodman
Catherine Blevins
County Judge
Commissioner, Precinct #1
Commissioner, Precinct #2
Commissioner, Precinct #3
Commissioner, Precinct #4
County Clerk
Deputy County Clerk
3. INVOCATION & PLEDGE OF ALLEGIANCE (AGENDA ITEM NO. 2 & 3)
Invocation — Commissioner David Hall
Pledge to US Flag & Texas Flag — Commissioner Gary Reese/Vern Lyssy
Page 1 of 9
Commissioners' Court — November 18, 2020
4. General Discussion of Public matters and Public Participation.
S. Hear reports from County Extension Agents.
Karen Lyssy; Emilee DeForest; R.J. Shelley; and Greg Baker gave their
individual reports.
6. CONSIDER AND TAKE NECESSARY ACTION (AGNEDA ITEM NO. 6)
To approve an Order Prohibiting Outdoor Burning. (RM)
Motion made to place Burn Ban in effect immediately.
RESULT: APPROVED [UNANIMOUS]
MOVER: Vern Lyssy, Commissioner Pct 2
SECONDER: David Hall, Commissioner Pct 1
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
7. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 7)
To approve the Calhoun County Policy on Lost Keys. (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pct 2
SECONDER:
David Hall, Commissioner Pct 1
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
8. Public Hearing concerning the nomination of Formosa Plastics Corporation,
Texas as a Texas Enterprise Zone Project.
Opened: 10:43 a.m.
Closed: 10:45 a.m.
Page 2 of 9
Commissioners' Court — November 18, 2020
9. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 9)
To approve an order nominating Formosa Plastics Corporation, Texas for
Enterprise Projectstatus,
Jansen Givens presented information on the nomination.
RESULT: APPROVED [UNANIMOUS]
MOVER: Vern Lyssy, Commissioner Pct 2
SECONDER: Gary Reese, Commissioner Pct 4
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
10. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 10)
To approve the Preliminary Plat and Drainage Plan of the Ardoin Subdivision.
Terry Ruddick (Urban Surveying) presented plat.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Vern Lyssy, Commissioner Pct 2
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
11. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 11)
To approve the PreliminaryPlat and Drainage Plan of Risher Subdivision. (GR)
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: Clyde Syma, Commissioner Pct 3
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 3 of 9
Commissioners' Court —November 18, 2020
12. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 12)
To authorize Commissioner Reese to submit Request for Proposal to the
Matagorda Bay Mitigation Trust under its 2020-2021 Funding Cycle for Phase
I of the Bill Sanders Memorial Park Channel Dredging Project and authorize
Judge Meyer to sign any necessary documentation. (GR)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pct 2
SECONDER:
David Hall, Commissioner Pct 1
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
13. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 13)
To contract with Smartt Grants in the amount of$500 to prepare a proposal
for the 2020-2021 Funding Cycle with the Matagorda Bay Mitigation Trust.
(GR)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pct 2
SECONDER:
Gary Reese, Commissioner Pct 4
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
14. Public Hearing on a Petition to Vacate Lots 53, 54, and 55 of the Caracol Sub-
division relative to the plat recorded in Volume Z, Page 712 of the Plat Records
of Calhoun County, Texas. (GR)
Opened: 10:55 a.m.
Closed: 10:57 a.m.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: Clyde Syma, Commissioner Pct 3
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 4 of 9
Commissioners' Court — November 18, 2020
15. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 15)
To vacate lots 53, 54, and 55 of the Caracal Subdivision relative to the plat
recorded in Volume Z, Page 712 of the Plat Records of Calhoun County, Texas.
Henry Danysh, G&W Engineering, presented Petition.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: Clyde Syma, Commissioner Pct 3
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
16. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 16)
To accept a contract with Matagorda Bay Mitigation Trust to provide Mitigation
Project Work and Services for the Green Lake Project and authorize the County
Judge to sign. (GR)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Gary Reese, Commissioner Pct 4
SECONDER:
Clyde Syma, Commissioner Pct 3
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
17. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 17)
To approve an InterlocalAgreement with Harris County Institute of Forensic
Sciences for postmortem examinations, (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Clyde Syma, Commissioner Pct 3
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 5 of 9
Commissioners' Court — November 18, 2020
18. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 18)
To approve the use of the Bauer Community Center as an additiona/site for
District Court on December 14 and 15, 2020. (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Gary Reese, Commissioner Pct 4
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
19. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 19)
To accept $400,00 in impound fees from a vehicle that was stopped and im-
pounded for narcotics and deposit the money into the Sheriff's Office account
760-603-60. (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pct 2
SECONDER:
David Hall, Commissioner Pct 1
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
20. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 20)
To transfer 2004 GMC Envoy (VIN IGKDS13S842101994) from the District
Attorneys inventory to the Sheriff's Office Inventory, (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pd 2
SECONDER:
David Hall, Commissioner Pd 1
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
21. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 21)
To add a 2010 Lincoln 4-door (VIN 3LNH2GC24R657885) from Cause Number
2020-CV-4076 DC to the DistrictAttorney's inventory, (RM)
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Gary Reese, Commissioner Pct 4
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 6 of 9
Commissioners' Court — November 18, 2020
22. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 22)
To declare the items from the Elections Department on attached as Waste and
authorize their disposal, (RM)
RESULT: APPROVED [UNANIMOUS]
MOVER: Gary Reese, Commissioner Pct 4
SECONDER: Clyde Syma, Commissioner Pct 3
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
23. CONSIDER AND TAKE NECESSARY ACTION (AGENDA ITEM NO. 23)
To pre -approve expenditures by incumbent County or Precinct officer(s)
Under Calhoun County's Policy ofCompliance with LGC 130,908. (RM)
Pass
24. Accept reports from the following County Offices:
1. County Clerk— October 2020
2. County Treasurer — September 2020
3. County Treasurer, Investment Report for Quarter ended September
30, 2020
4. County Treasurer, Quarterly Statement of Balances for Quarter
Ended September 30, 2020
S. Justice of the Peace, Pct 3 — October 2020
6. Sheriff's Office — October 2020
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Vern Lyssy, Commissioner Pct 2
SECONDER:
Clyde Syma, Commissioner Pct 3
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 7 of 9
Commissioners' Court — November 18, 2020
25. Consider and take necessary action on any necessary budget adjustments.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Gary Reese, Commissioner Pct 4
SECONDER:
Vern Lyssy, Commissioner Pct 2
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
26. Approval of bills and payroll. (RM)
MMC
RESULT:
APPROVED[UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Vern Lyssy, Commissioner Pct 2
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Indigent
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Vern Lyssy, Commissioner Pct 2
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
County
RESULT: APPROVED [UNANIMOUS]
MOVER: David Hall, Commissioner Pct 1
SECONDER: Vern Lyssy, Commissioner Pct 2
AYES: Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Adjourned regular meeting: 11:07 a.m.
Page 8 of 9
Commissioners' Court — November 18, 2020
27. Workshop to discuss FEMA-4332-DR-TX Project Worksheet #6436
PAAP DAC use of Excess Funds. (RM)
No Action Taken
RESULT:
APPROVED [UNANIMOUS]
MOVER:
David Hall, Commissioner Pct 1
SECONDER:
Vern Lyssy, Commissioner Pct 2
AYES:
Judge Meyer, Commissioner Hall, Lyssy, Syma, Reese
Page 9 of 9
All Agenda Items
✓ ms Properly Numbered
✓ Contracts Completed and Signed
�%AII 1295's Flagged for Acceptance
(number of 1295's J__j
✓II Documents for Clerk Signature Flagged
On this o?54ay of 7n-c� 2020 a complete and accurate packet
for / Ok of 71rW,4*-� 2020 Commissioners Court Regular Session
Day Month
was delivered from the Calhoun County Judge's office to the Calhoun County
Clerk's Office.
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Ca un County Judge/Assistant
AT II 0 OCK �n
NOV 2 5 2020
CU ERK,NCALHOHN GfOUNTY, TEXAS
BY: ,
DUTY
COMMISSIONERSCOURTCHECKLIST/FORMS ��`/
AGENDA
I NOTICE OF MEETING — 11/18/2020
Richard H. Meyer
County judge
David Hall, Commissioner, Precinct 1
Vern Lyssy, Commissioner, Precinct Z
Clyde Syma, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4
NOTICE OF MEETING
The Commissioners' Court of Calhoun County, Texas will meet on Wednesday,
November 18, 2020 at 10:00 a.m. in the Commissioners' Courtroom in the County
Courthouse at 211 S. Ann Street, Suite 104, Port ]Lavaca, Calhoun County, Texas.
AGENDA
The subject matter of such meeting is as follows: - ZZCIOG
1. Call meeting to order.
NOV 13 2020
C9UNTY CLERK, CALHU0ffiUN7V, T '•
2. Invocation.
3. Pledges of Allegiance. �J
4. General Discussion of Public Matters and Public Participation.
5. Hear reports from County Extension Agents.
6. Consider and take necessary action to approve an Order Prohibiting Outdoor Burning.
(RM)
7. Consider and take necessary action to approve the Calhoun County Policy on Lost Keys.
(RM)
8. Public Hearing concerning the nomination of Formosa Plastics Corporation, Texas as a
Texas Enterprise Zone Project.
9. Consider and take necessary action to approve an order nominating Formosa Plastics
Corporation, Texas for Enterprise Project status. (RM)
10. Consider and take necessary action to approve the Preliminary Plat and Drainage Plan of
the Ardoin Subdivision. (DH)
Page 1 of 3
NOTICE OF MEETING — 11/18/2020
11. Consider and take necessary action to approve the Preliminary Plat and Drainage Plan of
Risher Subdivision. (GR)
12. Consider and take necessary action to authorize Commissioner Reese to submit a
Request for Proposal to the Matagorda Bay Mitigation Trust under its 2020-2021
Funding Cycle for Phase I of the Bill Sanders Memorial Park Channel Dredging Project
and authorize Judge Meyer to sign any necessary documentation. (GR)
13. Consider and take necessary action to contract with Smartt Grants in the amount of
$500 to prepare a proposal for the 2020-2021 Funding Cycle with the Matagorda Bay
Mitigation Trust. (GR)
14. Public Hearing on a Petition to Vacate Lots 53, 54 and 55 of the Caracol Subdivision
relative to the plat recorded in Volume Z, Page 712 of the Plat Records of Calhoun
County, Texas. (GR)
15. Consider and take necessary action to vacate lots 53, 54 and 55 of the Caracol
Subdivision relative to the plat recorded in Volume Z, Page 712 of the Plat Records of
Calhoun County, Texas. (GR)
16. Consider and take necessary action to accept a contract with Matagorda Bay Mitigation
Trust to provide Mitigation Project Work and Services for the Green Lake Project and
authorize the County Judge to sign. (GR)
17. Consider and take necessary action to approve an Interlocal Agreement with Harris
County Institute of Forensic Sciences for postmortem examinations. (RM)
18. Consider and take necessary action to approve the use of the Bauer Community Center
as an additional site for District Court on December 14 and 15, 2020. (RM)
19. Consider and take necessary action to accept $400.00 in impound fees from a vehicle
that was stopped and impounded for narcotics and deposit the money into the Sheriff's
Office account 760-603.60. (RM)
20. Consider and take necessary action to transfer a 2004 GMC Envoy (VIN
1GKDS13S842101994) from the District Attorney's inventory to the Sheriff's Office
inventory. (RM)
21. Consider and take necessary action to add a 2010 Lincoln 4-door (VIN
3LNH2GC2AR657885) from Cause number 2020-CV-4076-DC to the District Attorney's
inventory. (RM)
22. Consider and take necessary action to declare the items from the Elections Department
on the attached as Waste and authorize their disposal. (RM)
Page 2 of 3
I NOTICE OF MEETING—11/18/2020
23. Consider and take necessary action to pre -approve expenditures by incumbent County
or Precinct Officer(s) under Calhoun County's Policy of Compliance with LGC 130.908.
(RM)
24. Accept reports from the following County Offices:
I. County Clerk — October 2020
ii. County Treasurer — September 2020
III. County Treasurer, Investment Report for Quarter ended September 30,
2020
iv. County Treasurer, Quarterly Statement of Balances for Quarter ended
September 30, 2020
v. Justice of the Peace, Precinct 3 — October 2020
vi. Sheriff's Office — October 2020
25. Consider and take necessary action on any necessary budget adjustments. (RM)
26. Approval of bills and payroll. (RM)
27. Workshop to discuss FEMA-4332-DR-TX Project Worksheet #6436 PAAP DAC Use of
Excess Funds. (RM)
r
Richard Meyer, County J dg
Calhoun County, Texas
A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street,
Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for
at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at
www.calhouncotx.org under "Commissioners' Court Agenda' for any official court postings.
Page 3 of 3
PUBLIC HEARING— 1!/18/2020
AT- q' a?(p 0 "LED
G L M
NOV 13 200220 Richard H. Meyer
COUNTY ERK,NCALHHOUN COUNTY, TEXAS C®bllII]Ll�' jllJl�i�'e
BY:
!]EPUTY
David Hall, Commissioner, Precinct I
Vern Lyssy, Commissioner, Precinct 2
Clyde Syma, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4
The Commissioners' Court of Calhoun County, Texas will meet on Wednesday,
November 18, 2020 at 10:00 in the Commissioners' Courtroom in the County Courthouse,
211 S. Ann Street, Suite 104, Port ]Lavaca, Calhoun County, Texas.
NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will
hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port
Lavaca, Texas, at 10:00 a.m. on a Petition to Vacate Lots 53, 54 and 55 of the Caracol
Subdivision relative to the plat recorded in Volume Z, Page 712 of the Plat Records of
Calhoun County, Texas. (GR)
The public shall have the right to be present and participate in such hearing.
Ribhard Meyer, County
Calhoun County, Texas
A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street,'
Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for
at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at
www.calhouncotx.org under "Commissioners' Court Agenda' for any official court postings.
Page 1 of 1
#5
Agriculture and Natural Resources
EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT
October 2020
Miles traveled: Personal Vehicle() County Vehicle ( )
Selected maior activities since last report
October 1 — Treat Huisache Corteva Test Plots near Seadrift w/ Dr. Clayton
October 7 — South Texas Farm and Ranch Show Meeting — Victoria
October 13-14 Calhoun County Jr. Livestock Show
October 15-16 Calhoun County Jr. Commercial Heifer Show Check in / Judging
October 15 ANR Program Planning with RPL — Phillip Shackleford
October 19 Major Goat Validation
October 22 Program Planning Conference — Virtual
October 26 Plant Gardens at Seadrift Elementary
October 27 South Texas Farm and Ranch Show Golf Tourney — Victoria Work
Major Heifer Validation
October 28-29 South Texas Farm and Ranch Show Virtual
October 29 Matagorda and Calhoun County Hay Show — hybrid
October 29-30 The Future of the Wildlife Enterprise: Applying New Knowledge and Tools — Virtual
The King Ranch Institute for Ranch Management
Direct Contacts by:
Office: 20 E-mail/Letters: 132 / Facebook Posts/Followers: posts 8 / 454 followers
Site Visits 5 Blog Posts:
Phone/Texts:65 Volunteers:5
Major events for next month — November 2020
November 2 — Visit Seadrift Gardens and Seadrift Docks for Oyster Season 20-21
November 4 — Collect soil samples from County Cotton Research Farm
November 13 — Private Applicator Training — Auditorium
November 18 — Court Interpretation
November 23-24 YMCA Farm Animal Tours
Greg Baker
Name
CEA- Agriculture and Natural Resources
Title
County
October- 2020
Date (Month -Year)
Texas A&M AgriLife Extension - The Texas A&M University System • College Station, Texas
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Family and Community Health
EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT
October 2020
Miles traveled: County Van Personal Vehicle
Selected major activities since last report
Oct 1, 8, 15 Step Up Scale Down Class Continue when I am allowed to return to work
Oct 2 Work on Halloween Food and Safety Video with Aransas and Goliad/Refugio Agents
Oct 3 Work with 6 Mile Volunteer Fire Department Meal
Oct 3-8 Off for State Commissioner's Conference (and 91' for Vacation)
Oct 15 Senior Citizen's Board Meeting
Oct 15 Broke arm
Oct 19, 26,28 and 30 Training for Healthy South Texas Planning
Oct 22 Program Planning with Donnie Montemayor, and Erika Bochat (and Philip Shackleford)
Oct 27 Early Childhood Educator Training
Oct 30 Surgery on left wrist
Oct Halloween video posted https://www.facebook.com/101355984894038/videos/660704147916504
I am still working with the Victoria Alliance Against Chronic Kidney Disease but will be online not at Bauer.
Direct Contacts by:
Office: 4 E-mail/Letters: 300 Facebook Page Post 33
Site:O Newsletters: 0 Followers 477
Phone/Texts: 30 Volunteers: 0 Video Views: 54
Major events for next month — November 2020
Nov 2, 3, & 9 Training
Nov 5, 10, & 12 Planning with other Agents
Nov 6 Food Handler class in Port O'Connor POSTPONED
Nov 11 Dr's Appointment hopefully work release. I will start scheduling classes when released.
Nov 16 Filming Thanksgiving videos to be posted Nov 20 and 27
Nov 19 Senior Citizen's Center Meeting
L_ i I
Karen P. Lyssy
Name
CEA — Family and Community Health
Title
Calhoun
County
October 2020
Date (Month -Year)
Texas A&M AgriLife Extension - Texas A&M University System • College Station, Texas
4-H and Youth Development
EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT
October 2020
Miles traveled: County Vehicle 4: Personal Vehicle 0
Selected mnior activities since last report
October 1 — District 11 Food Challenge Committee Meeting (virtual)
October 2 — LGEG Updates Meeting (virtual)
October 4-10 — National 4-H Week
October 6 — Retag Goat for Calhoun County Fair
October 7 — CCF Auction Informational Meeting
October 7-18 — Tractor Supply Co. Paper Clover Campaign
October 8 — Assist 4-H members with preparing animals for fair
October 13 — Meeting with David Hall and 4-H parent about archery grants
October 13-17 — Calhoun County Fair
October 19 — Virtual Coastal Bend Classic Livestock Judging Planning Meeting
Major Show Goat Validation
October 21 — 4-H Club Planning Meeting with 4-H Volunteers
October 22 — Program Planning Conference (virtual)
Interview with 4-H member for Flatsworthy Newsletter
October 23 — Meeting with Tina at YMCA about enrolling Y Kids in 4-H
LGEG at POC Elementary
October 26 — LGEG at Seadrift Elementary
Calhoun County 4-H Council Meeting
October 27 — Major Show Heifer Validation
October 30 — LGEG at YMCA
October 31 — Trunk or Treat at YMCA
Direct Contacts bv:
Office: 12 E-mail: 203 Facebook Posts/Followers: 22 posts/431 followers
Site: 4 Newsletters: 1 4-11 Enrollment: 168
Phone/Texts: 86
Major events for next month— October 2020
November 1 —
Program at Town & Country 4-H Meeting
November 3-4
— Assisted RJ in CCISD Lighthouse Beach Field Trip
November 4 —
4-H Sportfishing Meeting at POC
November 5 —
Virtual 4-H Online Training
November 9 —
Major Show Sign Up Night
November 1 I
— Veterans Day Holiday
November 13
— CCISD Virtual Meeting
November 14
— 4-H Hunter Education Training
November 16
— Major Show Swine Validation
November 18
— Commissioners Court Interpretation
November 26-27 — Thanksgiving Holiday
November 30
— Calhoun Countv 4-H Council Meetine
CEA — 4-H and Youth Development October 2020
Texas A&M AgriLife Extension - The Texas A&M University System • College Station, Texas
Coastal and Marine
EXTENSION ACTIVITY REPORT TO COUNTY COMMISSIONERS COURT
October 2020
Miles traveled: County Vehicle 263; Personal Vehicle 94
Selected major activities since last report
10/7 — San Antonio Bay Partnership Crab Trap Cleanup Meeting
10/8 — USDA Flounder Trade Adjustment Meeting
10/8 — Rotary Club Presentation on Oyster Fishery and Oyster Farming
10/12 — Oyster Hatchery Tour at AgriLife Mariculture Facility in Four Bluff.
10/13 — Calhoun County Livestock Show
10/14 - Calhoun County Livestock Show
10/19 — Work with FlatsWorthy to establish Jere Parrish Youth Stewardship Fund for benefit of
Calhoun 4H Sportfishing.
10/20 — Texas Sea Grant Annual Meeting
10/21 - Texas Sea Grant Annual Meeting
10/22 — AgriLife Extension Program Planning Conference
10/22 — Interview Calhoun 4H Sportfishing member for FlatsWorthy Newsletter
10/22 — Visit Beacon 44 Seafood with TDA marketing materials
10/26 — Visit Big Bear Seafood, Millers and Evelyn's Seafood with TDA Shrimp marketing material
10/27 — Crab Trap Cleanup Planning Meeting
10/30 — Visit J&H Shrimp, plant LGEG Garden with YMCA kids
Direct Contacts bv:
Office: 10 E-mail/Letters: 174 Instagram Posts/Followers: 5/95
Site:8 Newsletters: 1
Phone/Texts:144 Volunteers: 8
Major events for next month— November 2020
11/3-11/4 — Children's Discovery Museum Program at Lighthouse Beach
t 1/4 — 4H Sportfishing Club Meeting
11/8 — 4H Boater Safety Program
11/12-11/13 — Seafood HACCP Training with LSU
RJ Shelly
Name
County
Coastal and Marine Agent _October 2020
Title Date (Month -Year)
Texas A&M AgriLife Extension • The Texas A&M University System • College Station, Texas
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BURN BAN ORDER-11/18/2020
Richard H. Meyer
County judge
David Hall, Commissioner, Precinct 1
Vern Lyssy, Commissioner, Precinct 2
Clyde Syma, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4
WHEREAS, on the 18th day of November, 2020, the Commissioners' Court finds that
circumstances present in all unincorporated areas of the County create a public safety hazard that
would be exacerbated by outdoor burning.
IT IS HEREBY ORDERED by the Commissioners' Court of Calhoun County that all
outdoor burning is prohibited in the unincorporated area of the County for 90 days from the date
of adoption of this Order. The County Judge may rescind this Order upon a determination that
the circumstances that required the Order no longer exist
Household Trash may be burned in a closed or screened container.
This Order is adopted pursuant to Local Government Code §352.081, and other applicable
statutes. This Order does not prohibit outdoor burning activities related to public health and
safety that are authorized by the Texas Commission on Environmental Quality for: (1)
firefighter training: (2) public utility, natural gas pipeline or mining operations; (3) planting or
harvesting of agricultural crops; or, (4) burns that are conducted by a prescribed burn manager
certified under Section 153.048, Natural Resources Code, and meet the standards of Section
153.047, Natural Resources Code.
In accordance with Local Government Code §352.081(h), a violation of this Order is a
Class C misdemeanor, punishable by a fine not to exceed $500.00.
ADOPTED this 18th day of November, 2020 by a vote of ayes and
nays.
R chard Meyer
Calhoun County Judge
ATTEST:
Anna Goodman, County Clerk
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#7
CALHOUN COUNTY POLICY REGARDING LOST KEYS
When an employee loses a key to any County owned building, it is the responsibility of the
Department Head of that employee to notify the Courthouse Maintenance department to
schedule the replacement of that building's lock. The Department Head will be issued keys
for the new lock. All charges for the lock and key replacements will be billed to that
employee's department.
PUBII(,iIEAl?ING-:I1 IPl,- —)o �i / FILED
AT V . S-1 O'CLOCL y.1v1
NOV D 5 2020
CO NTY EO �AGOODLH N�COUNP; TEXAS Richard H. Meyer
9Y: P rY County judge
David Hall, Commissioner, Precinct 1
Vern iyssy, Commissioner, Precinct 2
Clyde Syma, Commissioner, Precinct 3
Gary Meese, Commissioner, Precinct 4
�(o 1 taI0 (IOW 12511�I.I(
_ __ _..._, . -
The Commissioners' Court of Calhoun County, Texas will meet on Wednesday,
November 18, 2020 at 10:00 in the Commissioners' Courtroom in the County Courthouse,
211 S. Ann Street, Suite 104, Port ]Lavaca, Calhoun County, Texas.
i. Notice is hereby given that the Commissioner's Court of Calhoun County will conduct a
public hearing and consider an order on Wednesday, November 18, 2020 at 10:00 A.M.
in the Commissioner's Courtroom in the County Courthouse, located at 211 S. Ann
Street, Suite 104 Port Lavaca, Calhoun County, TX 77979, for the purpose of receiving
public comments on the County's participation in the Texas Enterprise Zone Program
pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code as
revised. Also, to be discussed and considered is the nomination of Formosa Plastics
Corporation, Texas, located at 101 Formosa Drive, Point Comfort, Texas 77978 as a
Texas Enterprise Zone Project to the Office of the Governor Economic Development and
Tourism. Possible tax incentives to be offered to projects within Calhoun County will be
discussed at the meeting. This hearing will be pursuant to the order considered and voted
on by the Commissioner's Court on November 18, 2020. All interested parties are
encouraged to attend and present their views.
For additional information, please contact Richard Meyer, County Judge, at
361.553.4600.
16011"1 044F. lI CINI
This public notice was posted on the official bulletin board at the Calhoun County
Courthouse, located at 211 S. Ann Street, Port Lavaca, Calhoun County, TX 77979 on or
before 10:00 A.M., November 11, 2020.
Itichard Meyer, County Jud e
Calhoun County, Texas
Page 1 of 2
#9
AN ORDER OF THE COMISSIONER'S COURT OF CALHOUN COUNTY
ORDAINING THE COUNTY'S PARTICIPATION IN THE TEXAS
ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT
CODE (THE "ACT"), IDENTIFYING AVAILABLE TAX INCENTIVES,
DESIGNATING A LIAISON FOR COMMUNICATION WITH
INTERESTED PARTIES, NOMINATING FORMOSA PLASTICS
CORPORATION, TEXAS TO THE OFFICE OF THE GOVERNOR,
ECONOMIC DEVELOPMENT AND TOURISM ("EDT") THROUGH THE
ECONOMIC DEVELOPMENT BANK (THE "BANK") AS AN
ENTERPRISE PROJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Commissioner's Court of Calhoun County (the "County") desires to create the
proper economic and social environment to induce investment of private resources in productive
business enterprises located in severely distressed areas of the County and the provide employment
to residents of such areas; and
WHEREAS, the Project is located in the County's jurisdiction in an area not designated as an
enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Formosa Plastics Corporation,
Texas has applied to the County for designation as an enterprise project; and
WHEREAS, the County finds that Formosa Plastics Corporation, Texas meets the criteria for tax
relief and other incentives adopted by the County on the grounds that it will be located at the
qualified business site, will create a higher level of employment, economic activity and stability;
and
WHEREAS, a public hearing to consider this Order will be held by the Commissioner's Court Of
Calhoun County, Texas on � j � 1al-20ZO
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONER'S COURT OF
CALHOUN COUNTY, TEXAS:
SECTION 1. That the County nominates Formosa Plastics Corporation, Texas for Enterprise
Project status.
SECTION 2. That the local incentives identified in the attached Exhibit "A", at the election of the
governing body and only with prior separate Court notice and consideration, may be made
available to nominated Projects in Calhoun County.
SECTION 3. That the enterprise zone areas within the County are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312.
SECTION 4. That the Calhoun County Commissioner's Court directs and designates the County
Judge, or his designee, as the County's liaison to communicate and negotiate with the OOGEDT
through the Bank and Enterprise Project(s) and to oversee enterprise zone activities and
1
communications with qualified businesses and other entities in an enterprise zone or affected by
an Enterprise Project.
SECTION 5. That the County finds that Formosa Plastics Corporation, Texas meets the criteria
for designation as an Enterprise Project under Chapter 2303, Subchapter F of the Act on the
following grounds:
a) Formosa Plastics Corporation, Texas is a "qualified business" under Section 2303.402
of the Act since it will be engaged in the active conduct of a trade or business at the
qualified business site within the governing body's jurisdiction, located outside an
enterprise zone, and at least thirty-five percent (35%) of the business' new employees
will be residents of an enterprise zone, economically disadvantaged individuals, or
veterans; and
b) There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities in the area; and
c) The designation of Formosa Plastics Corporation, Texas as an Enterprise Project will
contribute significantly to the achievement of the plans of the County for development
and revitalization of the area.
SECTION 6. That the Enterprise Project shall take effect on the date of designation of the
enterprise project by EDT and terminate 5 years after the date of designation.
SECTION 7. This Order shall take effect from and after its passage as the law and charter in such
case provides.
PASSED AND APPROVED BY THE COMMISIONER'S COURT OF CALHOUN
COUNTY, TEXAS on the ffvfir�. Z4OZm
Lo
,TEXAS
Richard Meyer, County
2
Exhibit A
Name of Incentive
Description of Incentive
1
Local Sales Tax Refund;
the County may allow sales and use tax refunds.
2
Tax Abatement
Property tax abatements available that exempt from taxation
a portion of the increased value in real property and fixed
personal property
3
rTax Increment Financing
Wax Increment Financing
4
Free ort Exemption
Exemptsgoods-in-transit from ad valorem taxes',
5
Foreign Trade Zones;
Allows delay of payment of U.S. Customs import duties,
6
Chapter 380/38 IJ
Municipalities and counties are authorized to offer{
incentives designed to promote economic development,
7
Other Tax Deferra_ ls, Taa
Other Tax Deferrals, Tax Refunds_ or Tax Incentives
Refunds or Tate
Incentives
8
Zoning
Zoning changes are available to residents
ChangesNariances
9
Building Code
Building code exemptions are available to residents
Exemptions
10
Impact/Inspection Fee
Impact/inspection fee exemptions are available to residents
Exemptions
11
Streamlined Permitting
County may allow permit applications and supporting
materials to be tendered to one department for distribution
to the appropriate County departments.
12
Improved Police and/or
Safety and protection of County residents is made a priority
Fire Protection
by improving our police and fire protection services
13
Community Crime
Safety and protection of County residents is made a priority
Prevention Programs
through local crime prevention programs
14
Special Public
Transportation options reduced fares have been made'
Transportation Routes_o�i
-or
available to the public
Reduced Fares
15
Capital Improvements in
The County may provide resources for a capital
Water and Sewer
improvement plan related to water and sewer service
Facilities
16
Road Repair
The County is responsible for maintaining and repairing
public streets and alleys inside County limits
17
Creation or
Maintain parks and promote healthy lifestyle for County
Improvements of Parks
residents
18
Low -Interest Loans fog{
Low -Interest loans for housing rehabilitation or new
ousing Rehabilitation_
construction are available,
r New Construction
19
�ransfer Abandoned
Abandoned housing_ may be transferred to individuals or
----------
Housing to Individuals
Community ground
or, Community Ground,
20
Low -Interest Loans fob
Low interest loads are available to businesses,'
Business
21
Use of Surplus Schoot_
Surplus school buildingmay be used for incubators'
Ouildings for Incubators'
22
Provision of Publicly
Publicly owned land may be provided for development
Owned Land for
purposes
Development Purposes
23
One -Stop Permitting,
One -stop permitting, problem resolution center or
Problem Resolution
ombudsmen
Center or Ombudsmen
24
Promotion and
Promotion and marketing services are offered
Marketing Services
25
Job Training and
Job training and employment skills programs are offered
Employment Skills
Programs
26
Vocation Educationl
'Yocational education is offered
27
Customized Job Trainin
Customized job _training is offered
rd
Office of the Governor
Economic Development and Tourism
Texas Enterprise Project Application
Formosa Plastics Corporation, Texas
XXII. FULL-TIME JOBS FOR BENEFIT
❑ New Jobs
Attach a breakdown of types of new jobs to be created by six -digit Standard Occupational Code and/or title, and the
salary range or hourly rate for each (Tab 14)
Total Number of New Full -Time Jobs to be Created
Total Amount of Annual Payroll for New Jobs
® Retained Jobs(check only iffor benefit)
Attach a breakdown of types of jobs to be retained for benefit by six -digit Standard Occupational Code and/or title, and
the salary range or hourly rate for each. Include the original request by the business to the governing body signed by the
primary business representative, as well as the documentation which verifies the qualifying criteria behind Tab 15.
(Tab 15)
Total Number of Jobs to be Retained for Benefit Soo
Total Amount of Annual Payroll for Retained Jobs $57,079,530.00
Choose all that apply and include backup documentation
❑ Permanent employees will be permanently laid off (Chapter 2303.406(a)(4)(A))
❑ Business will permanently close down (Chapter 2303.406(a)(4)(B))
❑ Business will relocate out of Texas (Chapter 2303.406(a)(4)(C))
® Business is able to employ individuals in accordance with Section 2303.402 (Chapter 2303.406(a)(4)(D))
❑ Business facility has been legitimately destroyed or impaired due to fire, Flood, tornado, hurricane, or any
other natural disaster (Chapter 2303.406(a)(4)(E))
I have reviewed the request for the retained job benefit under the Texas Enterprise Zone Program, and verify that it
meets the criteria outlined above, as required by statute. The backup documentation has been placed under Tab 15of
this application. �1
Signature
Printed Name
Richard Meyer
Date
Title County Judge
Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 16
Office of the Governor
Economic Development and Tourism
Texas Enterprise Proiect App
Formosa Plastics Corporation, Texas
XXX. CERTIFICATION OF APPLICATION
Governing Body Liaison
Prefix Mr. First Name Richard Last Name Meyer
Title Calhoun County Judge
Organization Calhoun County
Street Address 211 S. Ann Street, Suite 301
Mailing Address 211 S. Ann Street, Suite 301
City Port Lavaca State TX Zip 77979 - 4249
Phone Number 361.553.4600 Fax Number 361.553.4444
Email Address richard.mever0calhouncobcorg
Community Website www.calhouncotx.ora
To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and
correct and I have read the Texas Enterprise Zone Act and the Enterprise Zone Program Rules and am familiar with the
provisions contained therein, as evidenced by my signature below.
Signature G Date -2-0
(Governing B dy ' ison)
Printed Name Richard Meyer Title County Judae
GIVEN under my hand and seal of office this heday of 2.i�5 2-0
Notary Public, State of Texas
(Nota f�ty;F MAEBELLE CASSEL
INyNotmyID#132012524 My commission expires14, Z
'? 'ay:• F�kem May 14, 2023
Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 27
S,�pTE Op Te
RICHARD H. MEYER Calhoun County Judge
1 ��'�"�F=per / 211 S. Ann Street, Suite 301 - Port Lavaca, Texas 77979
(361) 553-4600 - Fax (361) 553-4444 - Email: richard.meyer@calhouncotx.org
November 18, 2020
Ms. Adriana Cruz
Executive Director
Office of the Governor Economic Development & Tourism
1100 San Jacinto Boulevard, 3rd Floor
Austin, TX 78701
RE: Formosa Plastics Corporation, Texas
Application for Enterprise Project Designation
Dear Ms. Cruz:
Enclosed for your review and approval is our Application nominating Formosa Plastics
Corporation, Texas as an Enterprise Project under the Texas Enterprise Zone Program for
the December 1, 2020 Application cycle. Calhoun County fully supports the nomination
and approval of this Enterprise Project Application.
Thank you for your prompt and thoughtful consideration of this request. Calhoun County
is looking forward to the approval of the Enterprise Project Application.
If I can provide any additional information, please contact me at 361.553.4600.
7Reg
ichard Meyer
County Judge
RHM/mbc
www.calhouncotx.org
# to
November 3, 2020
David Hall
Calhoun County Commissioner Precinct #1
305 Henry Barber Way
Port Lavaca, TX 77979
RE: Ardoin Subdivision (our job 523853)
Dear Commissioner Hall,
Please consider this letter as my request to have the following items placed on the November 18,
2020 Commissioner's Court agenda:
Consider and take necessary action to approve the Preliminary Plat and Drainage Plan of
Ardoin Subdivision.
If I can provide additional information please do not hesitate to contact me.
Sin erely,
lit✓
Irry T. u dick, R.P.L.S.
C.E.O.
Victoria
San Antonio
2004 N. Commerce
12661 Silicon 0rive
Victoria, TX 77901
San Antonio, TX 78249
361-578-9837
210-287-8654
Firm;♦: 10021100
Firm e: 10193843
Cuero
104 E. French Street q„
Cuero, TX 77954 urbansurveying.com
361-277-9061
Firm a: 10021101
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Phone: (361) 578-983
Fax: QU 576-992,.'
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cur ruing cadhoun Cozlcmizs ;-e%it-'Y Proce.�s plaftinE and, val iap"26 S"' of the p".'Ip" rz'�'
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#11
Gary D. Reese
County Commissioner
County of Calhoun
Precinct 4
November 3, 2020
Honorable Richard Meyer
Calhoun County Judge
211 S. Ann
Port Lavaca, TX 77979
Dear Judge Meyer:
Please place the following item on the Commissioners' Court Agenda for November 18, 2020.
• Consider and take necessary action to approve the Preliminary Plat and
Drainage Plan of Risher Subdivision.
Sincerely,
� 09,
Gary D. Reese
GDR/at
P.O. Box 177 — Seadrift, Texas 77983 — email: ¢arv.reeseCakalhouncotx.org — (361) 785-3141 — Fax (361) 785-5602
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DESIGNATION OF AGENT
Urban Surveying, Inc.
2004 N. Commerce St.
Victoria, Texas 77901-5510
Phone: (361) 578-9837
Fax: (361) 576-9924
project: S 1 8472.01
Property Address: Harrison Avenue
Legal (Description: Outlet I. Outblock 15 and Outlot 2, Outblock 15, Port O' Connor Townsite Outlets.
Resubdivision No.1, Lot 6, Block I
This form designates Urban Surveying, Inc, as my/our duly authorized agent, to act on my/our behalf in matters
concerning Calhoun County's review process for platting and variance(s) of the property described above.
OWNGR(S):
Signatures �y Date
Printed or typed name
Notary Statement:
Statement:
Sworn to and Subscribed before me this the day of Yyl� Q O b
_VaWW 01-_ �IA
Notary Signature
TUS
of TexasNotary
Public in and for�ry�__ Count)',5-20223292
=PtjojtG.Stt.
My Commission expires: �-C)��
VC��Ssa �o-�-vs
Printed or typed name --
(Repeat Signature Block andNonuy Statement for each (honer)
the undersigned Agent, understand and accept by authority and responsibility to act as the legally authorized
get on behalftrf the wner(s) of the property described above, in matters concerning the said property.
gllY'9 S7 iltnre Date $ ---
#12
Gary D. Reese
County Commissioner
County of Calhoun
Precinct 4
November 10, 2020
Honorable Richard Meyer
Calhoun County Judge
211 S. Ann
Port Lavaca, 7% 77979
RE: AGENDA ITEM
Dear Judge Meyer:
Please place the following item on the Commissioners' Court Agenda for November 18, 2020.
Consider and take necessary action to authorize Commissioner Reese to
submit a Request For Proposal to the Matagorda Bay Mitigation Trust
under its 2020-2021 Funding Cycle for Phase I of the Bill Sanders
Memorial Park Channel Dredging Project and Judge Meyer to sign any
necessary documentation.
Sincerely,
Gary. Reese
GDR/at
P.O. Box 177 — Seadrift, Texas 77983 — email: ¢arv.mseAcalhot mcotx.ore — (361) 785-3141 — Fax (361) 785-5602
#13
Gary D. Reese
County Commissioner
County of Calhoun
Precinct 4
November 10, 2020
Honorable Richard Meyer
Calhoun County Judge
211 S. Ann
Port Lavaca, TX 77979
RE: AGENDA ITEM
Dear Judge Meyer:
Please place the following item on the Commissioners' Court Agenda for November 18, 2020.
• Consider and take necessary action to contract with Smartt Grants in the
amount of $500 to prepare a proposal for the 2020-2021 Funding Cycle
with the Matagorda Bay Mitigation Trust.
Sincerely,
Gary �. Reese
GDR/at
P.O. Box 177 — Seadrift, Texas 77983 — email: earv.reese(a calhouncomora — (361) 785-3141— Fax (361) 785-5602
#14
ATO CLOCK_+ ! .a __M
NOV 13
pp2020 Richard H. Meyer
8Y COUNTY C ERK,NCAffl COUNTY, TEXAS County judge
�EPUI�
David Hall, Commissioner, Precinct 1
Vern Lyssy, Commissioner, Precinct 2
Clyde Syma, Commissioner, Precinct 3
Gary Reese, Commissioner, Precinct 4-
NOTICE OF PUBLIC HEARING
The Commissioners' Court of Calhoun County, 'Texas will meet on Wednesday,
November 18, 2020 at 10:00 in the Commissioners' Courtroom in the County Courthouse,
211 S. Ann Street, Suite 104, Port Lavaca, Calhoun County, (Texas.
1. NOTICE IS HEREBY GIVEN that the Calhoun County Commissioners' Court will
hold a public hearing in the Commissioners' Courtroom, 211 S. Ann Street, in Port
Lavaca, Texas, at 10:00 a.m. on a Petition to Vacate Lots 53, 54 and 55 of the Caracol
Subdivision relative to the plat recorded in Volume Z, Page 712 of the Plat Records of
Calhoun County, Texas. (GR)
The public shall have the right to be present and participate in such hearing.
Ribhard Meyer, County
Calhoun County, Texas
A copy of this Notice has been placed on the outside bulletin board of the Calhoun County Courthouse, 211 South Ann Street,
Port Lavaca, Texas, which is readily accessible to the general public at all times. This Notice shall remain posted continuously for
at least 72 hours preceding the scheduled meeting time. For your convenience, you may visit the county's website at
vw w.calhouncatx, arg under "Commissioners' Court Agenda" for any official court postings.
Page I of 1
Gary D. Reese
County Commissioner
County of Calhoun
Precinct 4
November 12, 2020
Honorable Richard Meyer
Calhoun County Judge
211 S. Ann
Port Lavaca, TX 77979
RE: AGENDA ITEM
Dear Judge Meyer:
Please place the following item on the Commissioners' Court Agenda for November 18, 2020.
• Public hearing on Petition to Vacate of Lots 53, 54 & 55 of Caracol
Subdivision relative to the plat recorded in Volume Z, Page 712 of the Plat
Records of Calhoun County, Texas.
Sincerely,
�.R-"
Gary. Reese
GDR/at
P.O. Box 177 — Seadrift, Texas 77983 — email: earv.reesena.calhouncomore — (361) 785-3141 — Fax (361) 785-5602
PETITION TO VACATE
LOTS 53,54 & 55 CARACOL SUBDIVISION, PORT O'CONNOR, TX
STATE OF TEXAS
COUNTY OF CALHOUN
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being the designated agent of the owner of the property described as
Lots 53, 54 & 55 of Caracol Subdivision, Port O'Connor, Tx. relative to the plat recorded in
Volume Z, Page 712 of the Plat Records of Calhoun County, Texas, do hereby petition the
Calhoun County Commissioners Court to vacate said Lots 53, 54 & 55 of Caracol
Subdivision in accordance with Sections 206 and 207 of the Subdivision Regulations and
Recreational Vehicle Park Regulations Adopted by Calhoun County Commissioners Court on
November 29, 2004 and Amended on December 13, 2007.
Property owners: Lot 53 — David C. Fleig
Lot 54 - Caracol Investors, LP
Lot 55 — Jefferey R. Scarborough
Located on Sanguin Drive in Port O'Connor, Texas
The property is proposed to be replatted in accordance with a plat submitted to the Calhoun
County Commissioners Court.
The petition will be considered by the Calhoun County Commissioners Court on November
18, 2020 at 10:00 a.m.
AT q ' 5E; ' LOCH C fiB
OCT 14 2020
R74NNAU Ini 6 z
Designated Agent:
/J.—n kv
Henry P1. banysh, R.P.L.S. 5088
G & WCEngineers, Inc.
TBPLS Firm No. 10022100
205 W. Live Oak
Port Lavaca, TX 77979
(361)552-4509
#15
Gary D. Reese
County Commissioner
County of Calhoun
Precinct 4
November 12, 2020
Honorable Richard Meyer
Calhoun County Judge
211 S. Ann
Port Lavaca, TX 77979
i_:Mvej W, P 97A 4M Z
Dear Judge Meyer:
Please place the following item on the Commissioners' Court Agenda for November 18, 2020.
• Consider and take necessary action to Vacate Lots 53, 54 & 55 of Caracol
Subdivision relative to the plat recorded in Volume Z, Page 712 of the Plat
Records of Calhoun County, Texas.
Sincerely,
O'er
Gary. Reese
GDR/at
P.O. Box 177 — Seadrift, Texas 77983 — email: earv.reeseAcalhouncotx.om — (361) 785-3141— Fax (361) 785-5602
#16
MATAGORDA BAY MITIGATION TRUST
CONTRACT COVER/SIGNATURE PAGE
TITLE OF CONTRACT No. 004: Green Lake Breech Repair
This contract is entered into by the Matagorda Bay Mitigation Trust (herein referred to as "the
Trust") and the following named Recipient:
THE TRUST:
Matagorda Bay Mitigation Trust
P. O. Box 1269
Poth, Texas 78147-1269
RECIPIENT:
Calhoun County
211 S. Ann Street
Port Lavaca, Texas 77979
Email: Trustee@mbmtrust.com EMAIL: richard.meyer(Dcalhouncotx.or¢
Contact Person: Steven J. Raabe, Trustee earv.reese(i�calhouncovx.ora
Contact Person: Judge Richard Meyer and
Commissioner Gary Reese
The Recipient ("Recipient") agrees to provide Mitigation Project Work and Services
("Mitigation Project") in compliance with this contract ("Contract") and all applicable
federal and state laws, regulations, and rules. In accordance with the General Terms &
Conditions, it is understood and agreed by both parties hereto that the Trust's obligations
under this Contract are contingent upon Recipient's compliance with this Contract and
federal and state law regulations and rules. This contract, which constitutes promised
performances by the Recipient consist of the following documents:
Contract (Cover Sheet/Signature Page)
General Terms and Conditions
Statement of Mitigation Project (Attachment A)
Budget (Attachment B)
Invoice Format (Attachment C)
The Recipient hereby acknowledges that it has read and understands this entire Contract.
All oral or written agreements between the parties hereto relating to the subject matter of
this Contract that were made prior to the execution of this Contract have been reduced to
writing and are contained herein. The Recipient agrees to abide by all terms and conditions
specified herein and certifies that the information provided to the Trust is true and correct
in all respects to the best of its knowledge and belief.
CONTRACT PERIOD: FROM: November 1. 2020 UNTIL: October 31, 2022
FUNDING: This Contract may not exceed $2,000,000.00 ("funds").
APPROVED:
MATAGORDA BAY MITIGATION TRUST CALHO N OUNTY, TEXAS
BY:
BY:
NAME: Steven J. Raabe NAM c
TITLE: Trustee TITLE:
DATE: November 16, 2020 DATE:
GENERAL TERMS AND CONDITIONS
I. PARTIES
A. Trustee of the Matagorda Bay Mitigation Trust herein referred to as "Trustee" or
"Trust" as applicable and "Recipient," have made and entered into this Contract
herein referred to as "Contract."
B. Recipient represents and guarantees that it possesses the legal authority to enter into
this Contract, receive the funds authorized by this Contract, and to perform the work
and services described on Attachment "A" comprising the Mitigation Project
("Mitigation Project') the Recipient has obligated itself to perform under this
Contract, including subsequent contract amendments or modifications. As may be
applicable to Recipient, the Recipient shall comply with appropriate federal and
state licensing or certification requirements.
C. The persons signing this Contract on behalf of the parties hereto warrant that they
are the duly representatives authorized to execute this Contract and to validly bind
their respective parties to all terms, conditions, performances and provisions herein
set forth.
II. PURPOSE
This Contract sets forth the terms and conditions upon which the Trust agrees to provide
funds ("funds") to the Recipient to perform the Mitigation Project.
III. INDEPENDENT CONTRACTOR
A. It is understood and agreed by both parties that the Trust is contracting with
Recipient as an independent contractor and that Recipient is and shall be liable to
its own employees and is responsible for its own risk of loss.
B. The Recipient agrees to repay the Trust for all disallowed cost or other claims which
may be declared by the Trustee occurring in connection with the Mitigation Project
to be performed or administered by the Recipient under this Contract.
C. Employees of Recipient are not employees of the Trust. Employees of Recipient
are subject to the exclusive control and supervision of Recipient and Recipient is
solely responsible for employee payroll and claims arising therefrom.
IV. FUNDS
A. Funds and Payment Disbursements
1. Trust agrees to pay Recipient in accordance with the approved budget structure
set forth in Attachment B and other provisions of this Contract and such
payment shall not exceed the amount specified in the Contract Cover/Signature
Page.
2. Recipient agrees that it shall not utilize funds for administration or overhead
expenses in an amount that exceeds fifteen percent (15%) of the approved
budgeted project salaries of Recipient. Recipient shall ensure salary amounts
charged to the project are reasonable and solely for the project(s) identified.
3. Funds will be disbursed to Recipient as follows:
a. Mitigation Project Work Plan. The work plan for the execution of the
Mitigation Project is described in Attachment A and includes the following:
i. Details regarding the specific work and services to be performed;
ii. A schedule of estimated time to perform each stage of the Mitigation
Project;
iii. A budget to perform the Mitigation Project as shown in Attachment
B; and
iv. Such other information requested by Trustee.
b. Invoicing. Upon completion of each stage of the Mitigation Project or as
otherwise agreed, the Recipient shall electronically submit an invoice to the
Trust with details about the work and services performed, the date(s)
performed and a list of all expenditures in the format shown on Attachment
C and such other information requested by the Trust. Trustee may approve
payment of the invoice or upon review request additional information the
Trustee deems necessary for clarification or other purposes prior to
payment. Trustee may withhold payment until satisfied that the invoice
represents accurately the contents therein. Prior to, during, or subsequent to
approval of payment of invoices to Recipient, the Trustee shall have the
right to conduct an audit or investigation regarding such invoices or other
information provided by Recipient.
c. Progress Reports. Recipient shall provide Trust with a progress report with
each invoice detailing the Mitigation Project activities performed to date
together with a list of all expenditures with supporting documentation such
as paid invoices, copies of subcontracts, reports maintained internally by
Recipient, such reports to include information regarding potential issues
that affect the Mitigation Project and reports submitted to Recipient's
governing body and such other information requested by Trustee.
3
d. Final Report. Recipient shall provide Trust with a final report detailing the
Mitigation Project as completed which shall include copies of all reports
maintained internally by Recipient, such reports to include information
regarding the resolution of issues that affected the Mitigation Project and
reports submitted to Recipient's governing body reflecting the completion
of the Mitigation Project and such other information requested by Trustee.
e. Additional Reports. Recipient agrees to provide follow-up information and
documentation to any report submitted to Trust as Trustee deems reasonable
and necessary and such other information requested by Trustee from time
to time.
4. Recipient agrees to return, refund, or repay to Trust any sum which Trustee
determines represents an overpayment to Recipient or represents funds not used
in accordance with the terms of this Contract. Trustee's determination of
overpayment or funds not used in accordance with the terms of this Contract
shall constitute an event of potential default more fully described in Section
XIV hereinafter.
Trustee may withhold funds to Recipient if Trustee determines that Recipient
has not complied with the terms Contract. Trustee's determination to withhold
funds due to Recipient's failure to comply with the terms of the Contract shall
constitute an event of potential default more fully described in Section XIV
hereinafter.
6. Recipient agrees that it will not receive duplicate funds from another source for
any of the items included in the budget set forth in Attachment B.
Following Trustee's approval of the Final Report, any portion of the funds not
expended or obligated in accordance with this Contract shall be returned to the
Trust by Recipient.
8. This Contract shall not be construed as creating any fixture financial obligation
or debt of or on behalf of Trust. It is understood and agreed that funds may be
provided to Recipient only from funds allocated for this Mitigation Project
which shall be distributed subject to compliance with this Contract and upon
such timing as deemed reasonable by the Trustee.
V. RECORDS MANAGEMENT
A. Recipient shall maintain all books, records, documents, papers, and other evidence
related to Mitigation Project implementation, including financial records, reports
maintained internally by Recipient and reports submitted to Recipient's governing
body, and Mitigation Project performance information, in accordance with
generally accepted business and accounting practices, consistently applied.
Recipient shall also maintain the financial data used in the preparation of support
for any cost (direct and indirect) information or analysis for the Contract or for any
negotiated subcontract. Recipient shall also maintain a copy of any negotiated
subcontract. Recipient shall also maintain a copy of any cost information or
analysis submitted to Trustee. Recipient agrees to the disclosure and access of
Trustee, or any authorized representative of Trustee to all such books, records,
documents, papers, and other evidence for the purposes of review, inspection, audit,
excerpts, transcriptions and copying during normal business hours.
B. Recipient understands that acceptance of funds under this Contract acts as
acceptance of the authority of the Trustee or his authorized representative, to
conduct an audit or investigation in connection with those funds. Recipient further
agrees to fully cooperate with the Trustee, or his authorized representative in the
conduct of the audit or investigation, including providing all records requested.
Recipient shall ensure that this clause concerning the audit of funds accepted under
this Contract is included in any subcontract it awards.
C. Recipient shall maintain such records and be subject to these audit requirements
during the performance under this Contract for a period of five years after Trustee
provides written approval of the Final Report. However, if Recipient is aware of
any litigation, claim, negotiation, audit, cost recovery or other action, including
actions concerning costs of items to which an audit exception has been taken,
relating to the Mitigation Project that started before the expiration of the five-year
record retention period, Recipient shall maintain all records and be subject to such
audit requirements until completion of the action or resolution of all issues which
arise from any litigation, claim, negotiation, audit, cost recovery or other action, or
until the end of the five-year record retention period, whichever is later. The
Trustee will have access to records at any reasonable time for as long as the records
are maintained by Recipient. Recipient agrees to transfer records in its custody to
Trustee upon his request. This paragraph survives termination of this Contract.
D. Failure to comply with all records management and reporting requirements of this
Contract shall constitute an event of potential default more fully described in
Section XIV hereinafter.
VI. FINANCIAL MANAGEMENT
Recipient shall have a financial management or accounting system which accounts for
costs in accordance with generally accepted accounting standards and principles. Recipient
shall allow Trustee's review of the adequacy of the financial management system. Failure
to maintain the financial accounting requirements shall constitute an event of potential
default more fully described in Section XIV hereinafter. The accounting requirements shall
include:
A. Provide for the identification of costs in accordance with the approved project
budget (Attachment B) and segregation of Mitigation Project costs between the
budget categories;
-.y
B. Maintain records which adequately identify the source and application of funds
provided under this Contract. Such records must contain information pertaining to
awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays or expenditures, and income;
C. Provide internal control by maintaining effective control and accountability for all
cash, real and personal property and other assets paid for under this Contract. All
such property acquired with Project funds must be adequately safeguarded and used
solely for authorized purposes;
D. Provide budget control by comparing outlays and expenditures with budgeted
amounts for the funds provided by the Trust both by category and by task as shown
in Attachment C;
E. Support accounting records with source documentation, including cancelled
checks, paid invoices, payrolls, time and attendance records, and subcontract
documents;
F. Permit the tracing of funds to a level of expenditures adequate to establish that such
funds have not been used in violation of this Contract or applicable statutes; and
G. Permit preparation of reports required by this Contract or requested by Trustee.
VII. SUBCONTRACTORS
A. Recipient may subcontract all or any portion of the Mitigation Project for purposes
of this Contract.
B. Recipient shall be responsible for all acts and omissions of all subcontractors
performing or furnishing any portion of the Mitigation Project under a direct or
indirect contract with Recipient to the extent provided under applicable laws and
regulations. Nothing in this Contract shall create for the benefit of any such
subcontractor any contractual relationship between Trust and any such
subcontractor, nor shall it create any obligation on the part of Trust to pay or to see
to the payment of any money due to any such subcontractor.
C. Recipient shall be solely responsible for scheduling and coordinating the work of
subcontractors performing or furnishing any portion of the Project under a direct or
indirect contract with Recipient. Recipient shall require all subcontractors
performing or furnishing any portion of the Project who desire to communicate with
Trustee to communicate through Recipient with Trustee.
D. All work performed for Recipient by a subcontractor shall be pursuant to an
appropriate written contract between Recipient and the subcontractor which is not
inconsistent with the terms and conditions of this Contract. Each subcontractor
shall be provided a copy of this Contract prior to initiating any portion of the
Project.
VIII. PUBLICATIONS, NEWS RELEASES AND OTHER PUBLIC
ANNOUNCEMENTS
All public reports, news releases, other publicity, and other materials prepared for
publication pursuant to or as a result of this Contract shall acknowledge the Matagorda Bay
Mitigation Trust as the funding source. Public reports or other publications, news releases,
and other publicity issued by Recipient about the Mitigation Project shall be provided to
Trustee.
IX, RIGHTS IN DATA AND OTHER MATERIALS
A. Recipient and the Trust agree that any data collected as a result of this Contract
shall be jointly owned by Recipient and the Trust. Recipient and Trust agree that
each shall have complete and unlimited access and use to all data collected as a
result of this Contract. Further, at the termination of the Trust, or at such other time
deemed appropriate by Trustee, the Trustee has the right, but not the obligation to
transfer any interest in the data to Recipient.
B. Recipient shall act to ensure all subcontractors used for this Mitigation Project are
advised of the rights in data and other materials described herein and that the
subcontractors are prohibited from asserting any rights at common law or in equity
or otherwise seeking to establish any claim to statutory copyright in any data,
material or information developed under this Contract.
C. Recipient and the Trust agree that in addition to the joint ownership by Recipient
and the Trust of any data collected as a result of this Contract, that in the event any
invention or intellectual property is created as a result of this Contract in which the
Recipient retains title, Trust shall have a non-exclusive, nontransferable,
irrevocable, paid -up license to practice or have practiced the subject invention
throughout the world. Materials developed as a result of this Contract will be made
available to the Trustee in written and electronic formats upon request.
D. The Recipient has the responsibility to obtain from its subcontractors all data and
rights therein necessary to fulfill the Recipient's obligations to the Trust under this
Contract. If a subcontractor refuses to accept terms affording the Trust's such
rights, the Recipient shall promptly bring such refusal to the attention of the
Trustee.
E. Recipient shall place a section in all subcontractor contracts that complies with
Section IX.
X. AGREEMENT TO HOLD HARMLESS AND INDEMNIFICATION
A. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
RECIPIENT AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE TRUST, TRUSTEE AND AGENTS,
EMPLOYEES, CONSULTANTS, ACCOUNTANTS,
ATTORNEYS AND OTHER PROFESSIONALS AND
REPRESENTATIVES ENGAGED OR EMPLOYED BY THE
TRUST TO THE FULL EXTENT PERMITTED UNDER
FEDERAL AND STATE LAW FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION TO THE
EXTENT ARISING FROM THE MISCONDUCT,
NEGLIGENCE, OMISSIONS, OR RECKLESS ACTS OF
RECIPIENT OR ITS EMPLOYEES, OFFICERS, OFFICIALS
OR AGENTS OR ITS SUBCONTRACTORS IN CONNECTION
WITH THE PERFORMANCE OF SERVICES OR WORK BY
RECIPIENT UNDER THIS CONTRACT. THE PROVISIONS
OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OF
THIS CONTRACT.
B. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE
RECIPIENT AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE TRUST, TRUSTEE AND AGENTS,
EMPLOYEES, CONSULTANTS, ACCOUNTANTS,
ATTORNEYS AND OTHER PROFESSIONALS AND
REPRESENTATIVES ENGAGED OR EMPLOYED BY THE
TRUST TO THE FULL EXTENT PERMITTED UNDER
FEDERAL AND STATE LAW FROM ANY AND ALL CLAIMS
AND LOSSES ACCRUING OR RESULTING TO RECIPIENT
AND TO ANY AND ALL SUBCONTRACTS, MATERIALS,
PERSONS, LABORERS AND AN OTHER PERSONS, FIRMS
OR CORPORATION, FURNISHING OR SUPPLYING WORK,
SERVICES, MATERIALS, OR SUPPLIES IN CONNECTION
WITH THE PERFORMANCE OF THIS CONTRACT.
XI. CONFLICT OF INTEREST
A. Recipient shall maintain an internal policy regarding conflicts of interest and shall
adhere to said policy with respect to any potential or actual organizational or
personal conflict of interest between Recipient and its employees or any
F:
subcontractor with respect to this contract. Further, such internal policy shall
include a prohibition that funds received by Recipient from the Trust shall not be
used to pay, reimburse or otherwise give in any manner or for any purpose to the
Plaintiffs and Defendants in Cause No. 6-17-CV-00047, In San Antonio Bay
Estuarine Waterkeeper and S. Diane Wilson vs. Formosa Plastics Corp., Texas, and
Formosa Plastics, Corp., U.S.A., in the United States District Court for the Southern
District of Texas, Victoria Division.
B. Recipient shall notify Trustee regarding any potential or actual organization or
personal conflict of interest involving Recipient's employees or subcontractors and
shall keep the Trustee informed regarding any actions taken or decisions made in
connection with such employee or subcontractor. In the event that the
organizational or personal conflicts of interest does not become known until after
performance on the Contract begins, Recipient shall notify Trustee of the conflict
and any action taken as soon as Recipient becomes aware of the conflict.
C. Trustee has sole discretion to make the final determination as to whether an
organizational or personal conflict of interest exits, and if the conflict of interest
requires action beyond the action taken by Recipient, whatever action that may be.
Trustee may request Recipient to terminate any subcontractor in whole or in part,
if Trustee deems such termination necessary to avoid an organizational or personal
conflict of interest.
D. If Recipient was aware of an actual organizational or personal conflict of interest
prior to award or discovered an actual conflict afterward and did not disclose it or
misrepresented relevant information to Trust, Trustee, at his sole discretion, may
terminate this Contract for default or pursue such other remedies as may be
permitted by law or this Contract.
E. Recipient shall place a section in all subcontractor contracts that complies with
Section XI.
XII. VENUE
Recipient acknowledges and agrees that this Contract is being performed in Calhoun
County, Texas. Recipient agrees that any permissible cause of action involving this
Contract arises solely in Calhoun County.
XIII. ENTIRE AGREEMENT
This Contract constitutes the entire and full agreement between the Recipient and the Trust,
and all previous oral or written agreements relating to the subject matter of this Contract
between the Trust and Recipient have been superseded, reduced to written form, and are
incorporated herein.
7
Recipient and Trust expressly agree and understand that all future, oral agreements,
representations or modifications shall not have any legal binding effect unless and until
reduced to writing and executed by both Recipient and Trustee, except for amendments by
operation of law as provided in Section XVII in this Contract.
XIV. DEFAULT AND REMEDIES
A. Recipient shall be considered in default under this Contract if any one or more of
the following events occur, provided that Recipient has received written notice of
such potential default from Trustee and has failed to cure the potential default
within thirty days from the date of said notice. If Recipient has begun a good faith
effort to cure the potential default within the thirty -day period, Recipient may be
allowed additional time, if deemed reasonable by Trustee in his sole discretion, as
needed to cure the potential default.
B. Event of Potential Default. Trustee will, in his sole discretion, determine if an
Event of Potential Default exists. Each of the following shall constitute an Event
of Potential Default under this Contract:
If Recipient makes an assignment for the benefit of creditors or takes any
similar action for the protection or benefit of creditors.
2. If at any time Recipient knowingly, negligently, or intentionally makes any
representation to Trustee which is incorrect in any material respect.
If Recipient knowingly, negligently, or intentionally submits any request for
payment to Trust which is incorrect in any material respect.
4. If Recipient knowingly, negligently, or intentionally submits any report or
certification to Trust related to the Mitigation Project which is incorrect in any
material respect.
5. If Recipient utilizes funds which Trustee determines represents an overpayment
to Recipient or represents funds not used in strict accordance with the terms of
this Contract.
6. If Recipient fails to perform the Mitigation Project described on Attachment A
in any material aspect.
If Recipient fails to comply with the reporting and invoicing requirements under
this Contract.
8. If Recipient fails to maintain the records management requirements under this
Contract.
If Recipient fails to maintain the financial accounting requirements under this
Contract.
10
10. If Recipient fails to maintain the insurance requirements under this Contract.
11. If Recipient fails to comply with any term or provision contained in this
Contract.
C. Remedies. Upon the occurrence of any such Event of Potential Default and failure
of Recipient to cure such potential default as provided above, Trustee may declare
Recipient in default in writing and may, as Trustee determines appropriate,
withhold payments to Recipient or require Recipient to return, refund or repay any
payments received prior or subsequent to the event of default. In addition, Trustee
may terminate this Contract and avail himself of any appropriate legal remedies,
including recovery of attorney's fees and expenses incurred in enforcing any such
legal remedies.
D. No Waiver. A waiver of any Event of Potential Default shall not be considered a
waiver of any other or subsequent Event of Potential Default, and any delay or
omission in the exercise or enforcement of the rights and powers of Trust shall not
be construed as a waiver of any rights or powers.
XV. USE OF FUNDS AND LIMITATIONS ON EXPENDITURES
Funds distributed or allocated to Recipient under this Contract, or any modification thereto,
shall not be used to support other programs operated by the Recipient under a different
contract. Nor can such funds be carried over to a new contract or amended contract without
the written permission of the Trustee.
XVI. LIMITATION ON LIABILITY
The Recipient understands and agrees that the Trust shall not be liable for expenditures
made in violation of terms of this Contract, any laws, regulations, rules, or policies, or any
other laws or regulations applicable to the Mitigation Project performed under this
Contract. The Recipient also agrees that the Trust shall not be liable for any cost incurred
by Recipient which exceeds the funding amount provided hereinabove. The Recipient shall
be liable for such funds and shall repay such funds even if the improper expenditure, if any,
was made by a subcontractor of the Recipient.
XVII. AMENDMENTS BY OPERATION OF LAW
Any alterations, additions, or deletions to the terms of this Contract which are required by
changes in Federal law, State law, by regulations, are automatically incorporated into this
Contract as if set forth fully, without written amendment hereto, and shall become effective
on the effective date designated by such law, regulation, or policy.
11
XVIII. COMPLIANCE WITH LAW.
Recipient covenants and agrees to comply with all applicable Federal, State and local laws,
and all applicable Federal and State regulations. Recipient shall also be responsible to
ensure that its' subcontractors shall comply with applicable Federal, State and local laws,
and all applicable Federal and State regulations.
XIX.PATENT INDEMNITY
The Recipient shall include a provision in all of its contracts with
contractors and subcontractors that the contractor and subcontractor
will indemnify the Trustee, the Trust and its consultants, agents,
attorneys, and employees against liability, including costs, for
infringement of any United States patent (except a patent issued upon an
application that is now or may hereafter be withheld from issue pursuant
to a Secrecy Order under 35 U.S.C. §181) arising out of the manufacture
or delivery of supplies, the performance of services, or the construction,
alteration, modification, or repair of real property under this Contract,
or out of the use or disposal by or for the account of the Trust of such
supplies or construction work.
XX. DISCLOSURE OF INTEREST
Recipient represents and warrants that the Trustee, the Trust or its' consultants, agents or
attorneys have no ownership in Recipient or Recipient's subcontractors. Further, Recipient
shall ensure subcontractor's compliance with Section XX.
XXI. SEVERABILITY
If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of
this Contract shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this Contract for it is the definite intent of the parties that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given
full force and effect for its purpose, so long as the invalidated matter does not substantially
deprive a party of the benefit of this Contract.
XXIL INSURANCE
Recipient shall maintain during the term of this Contract and shall provide Trustee with
proof of insurance in amounts sufficient to cover the Recipient's liability subject to
applicable constitutional and statutory limitations of liability.
1. The Trust shall not be responsible for the payment of premiums or assessments
on such policies.
12
2. Proof of insurance showing such coverages as required herein shall be
submitted to Trustee within 20 days of contract execution.
3. In the event any insurance policy as specified herein is cancelled or in the event
Recipient fails to maintain the minimum insurance limits as specified herein or
in the event recipient fails to provide certificates of insurance, such event shall
constitute an event of potential default more fully described in Section XIV
hereinabove.
XXIIL ASSIGNMENT
This Contract shall be binding on and inure to the benefit of the Trust and Recipient and
their respective successors and permitted assigns. This Contract may not be assigned by
Recipient without the prior written consent of the Trustee.
XXIV. NOTICES/COMMUNICATIONS
All notices, communications, and requests given to or made upon the Trust and Recipient
hereto shall, except as otherwise specified herein, be in writing and shall be delivered or
mailed to such party at the notice addresses specified on the Contract Cover/Signature
Page. The Trust and Recipient may change their notice addresses but shall provide
immediate notice to the other and shall provide such notice in writing to the other party.
XXV. DISPUTES
In the event a Recipient has a dispute with the Trust or in the event any Recipient seeks to
file a claim or lawsuit, the Recipient's sole recourse shall be by informal dispute resolution
between the Recipient and the Trust and if such informal dispute resolution is not resolved,
then the Recipient may seek the alternative dispute resolution as provided herein. The
alternative dispute resolution process shall consist of a Mediated Settlement Conference in
Calhoun County, to be conducted with the Recipient and the Trust and their legal counsel.
The mediator shall be selected by agreement of the Recipient and the Trustee. Should the
parties fail to agree on a mediator, an attorney mediator shall be selected by the Director
of Calhoun County Dispute Resolution Services. The decision made by a Mediator shall
be binding on the Recipient and the Trust, and there shall be no further appeal but the
decision shall be enforced, if necessary, by the District Court of Calhoun County. The
Recipient agrees to submit to such binding alternative dispute resolution as provided
herein. Further, Recipient's sole remedy under the informal dispute resolution and under
the binding alternative dispute resolution shall be limited to all, none or part of the
remaining balance, if any, of Funds allocated to it under the terms of this Contract with the
Trust; however, the Trust may recoup any Funds distributed to the Recipient through the
same alternative dispute resolution procedure described herein. Any remedy under the
mediation shall be sole province of the Mediator unless the Recipient and Trustee agree
otherwise. In no event shall a Recipient be entitled to any other remedy; including, but not
limited to, actual damages, compensatory damages, punitive damages, exemplary
13
damages, interest, costs of court, actual expenses and attorneys' fees. These procedures
shall be binding on Recipients notwithstanding any conflict with any law or regulation.
XXVI. PERIOD OF CONTRACT
This Contract will remain in effect until the completion of the five-year record retention
period after the Trustee provides written approval of the Final Report, unless extended,
modified, or terminated by written agreement of the Parties or terminated as provided
herein. This provision shall survive termination of this Contract.
END OF TERMS AND CONDITIONS
14
Matagorda Bay Mitigation Trust ("Trust')
ATTACHMENT A
STATEMENT OF MITIGATION PROJECT
Calhoun County, Texas ("Recipient')
211 S. Ann Street
Port Lavaca, Texas 77979
The Green Lake Mitigation Project shall include the study, engineering, repair, maintenance,
and improvement of the control structure at Green Lake.
*to be amended from time to time based on the phase of certain project to provide detailed information for
each phase.
15
Matagorda Bay Mitigation Trust ("Trust')
ATTACHMENT B
BUDGET*
Calhoun County ("Recipient')
211 S. Ann Street
Port Lavaca, Texas 77979
Contract Budget
Direct Salaries
Taxes and Benefits
Administrative Overhead
Construction $1,510,000.00
Consultants/Contractual $ 490,000.00
Insurance
Permits
Professional Services
Supplies/Materials
Travel -Mileage
Total Contract Budget $2,000,000.00
RECIPIENT WILL SUBMIT INVOICES TO TRUST (mark appropriate option):
OR
X Monthly
Quarterly
16
*to be amended from time to time based on the phase of certain projects but shall not exceed $1,000,000.00
for this phase
Matagorda Bay Mitigation Trust ("Trust")
ATTACHMENT C
INVOICING INSTRUCTIONS
Below are the instructions on how to complete and submit your invoice. All invoices must be
submitted electronically. You do not need to submit a hard copy unless specifically requested
to do so. Invoices that don't balance or that lack proper supporting documentation will be
delayed, so please ensure that your invoice is in order prior to submission.
The Recipient's contract includes the budget and invoice form (Attachment Q. The contract's
budget is tracked in two ways: Budget by Contract Category and Budget by Task.
Each invoice submitted for payment must track the project costs in compliance with the
Recipient's contract as outlined in Attachment C.
Each field at the top and bottom of the Invoice form must be completed and the invoice must be
signed and dated by the person authorize to certify that the invoice is true, correct and complete
and in accordance with the contract.
Each invoice should have the amounts being billed for the current billing period ("This Invoice"
columns) and the accumulated amount billed for this contract to -date, including the current billing
period ("Contract To -Date" columns). Please take special note that the two budgets — Budget by
Contract Category and Budget by Task — must always equal.
Supporting documentation must be attached to the invoice for each line item being billed in the
sequence such items appear in the Budget by Contract Category section. Each supporting
document must be clearly labeled and in the proper budget sequence in order allow our audit of
the invoice and its approval for payment. Failure to properly label or sequence the supporting
documentation will cause a rejection of the invoice, so this is very important.
All invoices are to be submitted electronically (email) to: Trustee@mbmTrust.com.
If a Recipient has any questions whatsoever about invoicing procedures please feel free to contact
the Trust office at 361-200-1456 or write to Administrator@mbmTrust.com.
Effective Date: June 1. 2020
17
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
S of1
Complete Nos, 1- 4 and 6 it there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, S. and 6 it there are no interested parties.
CERTIFICATION OF FILING
certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of. business.
2020-676141
Matagorda. Bay Mitigation Trust
Poth, TX United States
Date Filed:
1010712020
2 Name of. governmental entity or state agency that is a party to the contract for which the form is
being filed..
Calhoun County
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
MBMT 2020
grant of monies by the Matagorda Bay Mitigation Trust to the County for remediation projects to be performed by County.
4. Name of Interested Party
City,State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Aguirre, Robert
Pipe Creek, TX United States
X
Raabe, Steven
Poth, TX United States
X
Wood Boykin & Wolter
Corpus Christi, TX United States
X
5 Check only. if there is NO Interested Parry. ❑
6 UNSWORN DECLARATION
) My name is S-r 2 u e A, T r �Z cLa. 19l,' - and my date of birth is
My address Ison'street
(City) a are z,p cc a (country)
t declare under penally of perjury that the foregoing is true and correct.
`j t{
Executed in 14111, 1 10 a- County. State of e44 ,f , on the � day of 00-4Q-t , 20 'L 0.
(month) (year)
Signatdr�ee df authorizedgercontracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.ocus Version V1.1.3abaa17d
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2020-676141
Matagorda Bay Mitigation Trust
Poth, TX United States
Date Filed:
10/07/2020
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Calhoun County
Date Acknowledged:
11/25/2020
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
MBMT 2020
grant of monies by the Matagorda Bay Mitigation Trust to the County for remediation projects to be performed by County.
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Aguirre, Robert
Pipe Creek, TX United States
X
Raabe, Steven
Forth, TX United States
X
Wood Boykin & Wolter
Corpus Christi, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the _day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
#17
HARRISCOUN Y
I NS ; IT, F: OF h' JU NSI� SCI IN
November 5, 2020
The Honorable Richard Meyer
Calhoun County Judge
211 South Ann Street, Ste. 301
Port Lavaca, TX 77979
Re: Interlocal Agreement of Postmortem Examinations
by the Harris County Institute of Forensic Sciences
Dear Judge Meyer:
The attached Interlocal agreement between Harris County and Calhoun County will be presented to the
Harris County Commissioners Court for approval on December 15, 2020. This agreement will cover the
services to be provided by the Harris County Institute of Forensic Sciences for postmortem examination of
decedent cases referred to this office, as well as related court testimony, if any for the period January I,
2021 — December 31, 2021.
The Harris County Commissioners Court approved fee schedule states the cost of an autopsy is $2,887 and
an external examination cost is $1,161. This agreement allows our agency to exercise discretion in
determining which type of postmortem examination is appropriate. Attached is the approved fee schedule.
We are attaching a soft copy of the agreement via email. Please sign the agreement and scan it to my email
Nick.TurnerRifs.hctx.net and my assistant, Alexis.Guillen a ifs.hctx.nct no later than December 1, 2020.
Once approved by the Harris County Commissioners Court, we will return a fully executed agreement to
you.
Should you decide not to enter into this interlocal agreement for postmortem examinations, kindly return
to my attention.
If you have any questions, please contact me at (832) 927-5211.
Sincer
Nrck Turn r
General Counsel
Office of the Chief Medical Examiner
Harris County Institute of Forensic Sciences
1861 Old Spanish Trail
Houston, Texas 77054
Office: 832.927.5211
Mobile: 713.539.3961
Fax:832.927.0230
Enclosures
INTERLOCAL AGREEMENT
FOR PERFORMANCE OF POSTMORTEM EXAMINATIONS
BY HARRIS COUNTY INSTITUTE OF FORENSIC SCIENCES
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS INTERLOCAL AGREEMENT (the "Agreement") is made pursuant to chapter 791
of the Texas Government Code (the Interlocal Cooperation Act) and chapter 49 of the Texas Code
of Criminal Procedure, and entered into by and between Harris County, acting by and through its
governing body; the Harris County Commissioners Court, and Calhoun County (the "Requesting
County"), acting by and through its governing body, the Calhoun County Commissioners Court.
RECITALS:
Pursuant to article 49.25 of the Texas Code of Criminal Procedure, Harris County has
established and maintains the Harris County Institute of Forensic Sciences which includes the
Office of Medical Examiner;
The Requesting County does not have a medical examiner, and a justice of the peace is
required to conduct an inquest into the death of a person who dies in the county under certain
circumstances;
If the justice of the peace determines that a postmortem examination is necessary, the
justice of the peace may order that a postmortem examination of the body be performed by a
physician; and
The Requesting County desires to obtain the services of the Harris County Institute of
Forensic Sciences (the "Medical Examiner") to perform postmortem examinations on persons who
died in the Requesting County and to provide sworn testimony in connection with any inquest by
a justice of the peace or any criminal investigation or prosecution conducted by a prosecuting
attorney.
NOW, THEREFORE, Harris County and the Requesting County, in consideration of the
mutual covenants and agreements herein contained, do mutually agree as follows:
TERMS:
TERM
The term of this Agreement shall begin on January 1, 2021 and end on December 31, 2021,
unless terminated in accordance with the provisions contained herein.
II.
SERVICES
A. Postmortem Examinations. Postmortem examinations will be performed by the Medical
Examiner pursuant to chapter 49 of the Texas Code of Criminal Procedure. In those cases where
a complete autopsy is deemed unnecessary by the Medical Examiner to ascertain the cause and
manner of death, the Medical Examiner may perform an external examination of the body, which
may include taking x-rays of the body and extracting bodily fluids for laboratory analysis.
Written Request. When a justice of the peace in the Requesting County determines
pursuant to article 49.10 of the Code of Criminal Procedure, that a postmortem
examination is necessary on the body of a deceased person who died within their
jurisdiction, the justice of the peace may request that the Medical Examiner perform an
autopsy. Each request for a postmortem examination shall be in writing, accompanied
by an order signed by the justice of the peace. However, the Medical Examiner shall
have the discretion to perform an autopsy or external examination of the body based on
his professional judgment.
2. Written Records. The following records shall accompany the body: (1) the completed
form titled "Harris County Medical Examiner Out of County Investigator's Report"
(attached hereto and incorporated herein); (2) the entire police report, including scene
photographs, videos and; (3) all relevant medical records, including hospital admission
and emergency room records, if applicable. Failure to provide all necessary records
may result in the Medical Examiner refusing to accept the body for a postmortem
examination.
3. Body Bag. Each body transported to the Medical Examiner for a postmortem
examination must be enclosed inside a zippered body bag and sealed in such away as
to insure integrity of evidence between the time of scene investigation and arrival at
the Medical Examiner. The body bag shall have the deceased's name affixed to the
outside.
B. Laboratory Analyses. The Medical Examiner shall conduct a postmortem toxicological
analysis, if appropriate, and any other tests considered necessary to assist in determining the cause
and manner of death and identification.
C. Testimony. Medical Examiner personnel performing services pursuant to this agreement shall
appear as reasonably necessary to provide testimony in a criminal case before a district court of
the Requesting County. The Requesting County agrees to use its best efforts to schedule the
testimony of the Medical Examiner's personnel in such a manner to cause the least amount of
disruption in their work schedule.
D. Reports. Within a reasonable time after the completion of a postmortem examination, the
Medical Examiner will provide a written copy of the autopsy report to the justice of the peace who
requested the autopsy.
2
E. Transportation. The Requesting County shall have the sole responsibility for transporting the
deceased to the Medical Examiner. Upon notification by the Medical Examiner that the autopsy
has been completed, the Requesting County shall make arrangements for the deceased to be
transported immediately to a funeral home.
F. Training. The Medical Examiner will conduct an annual training seminar in Houston for
justices of the peace, their court personnel and other criminal justice officials, including
investigators.
G. No Interment. Hams County shall have no responsibility for burying the remains of the
deceased. Consistent with TEx. HEALTH & SAFETY CODE ANN. § 711.002(c), the Requesting
County shall have sole responsibility for interment of the body.
III.
CONSIDERATION FOR SERVICES
A. Autopsy Fees. In consideration for the services provided by the Medical Examiner, the
Requesting County agrees to pay Harris County all costs and expenses associated with performing
the autopsy in accordance with the following schedule:
(a) Standard Autopsy Examination $2,887 per body
(b) External Examination $1,161 per body
B. Ancillary Tests. Ancillary tests (i.e. GSR tests) will be performed as deemed appropriate by
the Medical Examiner at no additional cost. If further tests are requested by the Requesting
County, but are deemed by the Medical Examiner not germane based on the circumstances of the
case, the Medical Examiner may elect to decline the request, or to request that the laboratory of
the HCIFS perform those tests with additional charges in accordance with the Fee Schedule,
attached hereto and incorporated herein as Exhibit "A."
C. Testimonv. The Requesting County shall additionally pay Harris County for the time spent by
the Medical Examiner's pathologists, the Chief Toxicologist, or other personnel providing sworn
testimony in connection with a postmortem examination requested by the Requesting County.
Testimony fee are in accordance with the Harris County Medical Examiner's Fee Schedule,
attached hereto and incorporated herein as Exhibit "A." These rates shall apply also to pretrial
preparation, attendance at pretrial conferences, travel time and any time spent waiting to provide
testimony.
D. Storage of Bodies. The Requesting County shall pay Harris County the additional sum of Forty
Five Dollars ($45) per day for each body that remains at the Medical Examiner beyond three (3)
days (including weekends and holidays) beginning the day after notification by the Medical
Examiner that the body is ready to be released to the Requesting County. This provision shall
survive termination of this Agreement and shall apply to any bodies currently remaining at the
Medical Examiner.
E. Invoice. Harris County shall submit an invoice to the Requesting County for post mortem
services performed under this Agreement within thirty (30) days after the service is completed.
The Requesting County shall pay the total amount of the invoice within thirty (30) days of the date
of receipt of the invoice by the Requesting County. If the Requesting County fails to pay any
invoice within sixty (60) days after receipt, the Medical Examiner may refuse to accept any
additional bodies for autopsy.
F. Fair Compensation. Harris County and the Requesting County agree and acknowledge that the
contractual payments contemplated by this agreement are reasonable and fairly compensate Harris
County for the services or functions performed under this Agreement.
G. Death Certificates. The justice of the peace who requested the postmortem examination be
performed shall provide the Medical Examiner with a copy of the signed Certificate of Death no
later than fourteen (14) days after receipt of the autopsy report. Failure to comply with this
provision may result in termination of the contract by Harris County.
IV.
FUNDS
A. Current Funds. The Requesting County agrees and acknowledges that the contractual
payments in this Agreement shall be made to Harris County from current revenues available to the
Requesting County.
B. Certified Availability. The Requesting County has available and has specifically allocated
$8,661.00, as evidenced by a certification of funds by the Requesting County's County Auditor.
In the event funds certified available by the Requesting County's County Auditor are no longer
sufficient to compensate Harris County for the services provided under this Agreement, Harris
County shall have no further obligation to complete the performance of any services until the
Requesting County certifies sufficient additional current funds. The Requesting County agrees to
immediately notify Harris County regarding any additional certification of funds for this
Agreement.
C. Other Statutory Liability. This Agreement is not intended to limit any statutory liability of the
Requesting County to pay for services provided by Harris County when the funds certified by the
Requesting County are no longer sufficient to compensate Harris County for the services provided
under this Agreement.
D. Overdue Payments. It is understood and agreed that chapter 2251 of the Texas Government
Code applies to late payments.
V.
TERMINATION
A. Without Notice. If the Requesting County defaults in the payment of any obligation in this
Agreement, Harris County is authorized to terminate this Agreement immediately without notice.
B. With Notice. It is understood and agreed that either party may terminate this Agreement prior
to the expiration of the term set forth above, with or without cause, upon thirty (30) days prior
written notice to the other party. By the next business day following the first ten (10) days of the
subsequent calendar month after the effective date of such termination, Harris County will submit
an invoice showing the amounts due for the month in which termination occurs in the manner set
out above for submitting monthly invoices.
VI.
NOTICE
Any notice required to be given under the provisions of this Agreement shall be in writing and
shall be duly served when it shall have been deposited, enclosed in a wrapper with the proper
postage prepaid thereon, and duly registered or certified, return receipt requested, in a United
States Post Office, addressed to the parties at the following addresses:
To Harris County: Harris County
Harris County Administration Building
1001 Preston, Suite 911
Houston, Texas 77002-1896
Attn: County Judge
with a copy to: Harris County Institute of Forensic Sciences
1861 Old Spanish Trail
Houston, Texas 77054
Attn: Chief Medical Examiner
To Calhoun County: Calhoun County
211 South Ann Street
Port Lavaca, Texas 77979
Attn: County Judge
Either party may designate a different address by giving the other party ten days' written notice.
VII.
MERGER
The parties agree that this Agreement contains all of the terns and conditions of the understanding
of the parties relating to the subject matter hereof. All prior negotiations, discussions,
correspondence and preliminary understandings between the parties and others relating hereto are
superseded by this Agreement.
VIII.
VENUE
Exclusive venue for any action arising out of or related to this Agreement shall be in Harris County,
Texas.
IX.
MISCELLANEOUS
This instrument contains the entire Agreement between the parties relating to the rights granted
and the obligations assumed. Any oral or written representations or modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing signed
by both parties. This Agreement may be executed in duplicate counterparts, each having equal
force and effect of an original. This Agreement shall become binding and effective only after it
has been authorized and approved by both counties, as evidenced by the signature of the
appropriate authority pursuant to an order of the Commissioners Court of the respective County
authorizing such execution.
APPROVED AS TO FORM:
VINCE RYAN
County Attorney
By:
NICK TURNER
Assistant County Attorney
By:
LUIS A. SANCHEZ, M.D.
Harris County Institute of Forensic Sciences
Executive Director & Chief Medical Examiner
HARRIS COUNTY
By:
LINA HIDALGO
County Judge
Date Signed:
CALHOUN COUNTY
By:
unty Judge
Date Signed: //—/8 -2� -?_0
CERTIFICATION OF FUNDS
Pursuant to section 111.093 of the Texas Local Government Code, I certify that the county budget
contains an ample provision for the obligations of Calhoun County under this Agreement and that
funds are or will be available in the amount of $8,661.00 to pay the obligations when due.
Calhoun Audi or
Date Signed: 11- c13`bLO
0
EXHIBIT "A"
HARRIS COUNTY
INSTITUTE OF FORENSIC SCIENCES
SCIENCE. SERVICE. INTEGRITY.
HCIFS Fee Schedule — Medical Examiner Services
Effective January 1, 2015
Luis A. Sanchez, M.D.
Executive Director F
Chief Medical Examhier
Service Description
Unit Pricing
Fees
Post Mortem Examinations
Full Autopsy
Case
$2,887
External Examination
Case
$1,161
Decedent Storage
Day
$45
Records: Reports, Permits, & Photo Reprints
Copy Charge per Open Records
Page
$0.10
Images on CD (Plus copy charge)
Each
$11
Notarization of Document (plus copy charge)
Document
$7
Photo Reprints (3 '/z x 5)
Print
$3
Photo Reprints (8 x 10)
Print
$5
X-Ray Copy (per film)
Film
$6
Subpoena/CourtOrder Documents (plus copy charge)
Hour
$55
Pro essional Services
Medical Examiner EXpert Witness Testimony / Consultation
Preparation Fees
Fixed Fee
$179
Medical Examiner, Travel & Witness /Consultation
Hourly
$139
Anthropology Expert Witness Testimony /Consultation
Preparation Fees
Fixed Fee
$81
Anthropology Travel & Witness /Consultation
Hourly
$70
Investigation Expert Witness Testimon /Consultation
Preparation Fees
Fixed Fee
$39
Investigator /Entomolo ist, Travel & Witness /Consultation
Hourly
$37
Crime Laboratory Expert Witness Testimony /Consultation
Preparation Fees
Fixed Fee
$78
Laboratorypersonnel, Travel & Witness /Consultation
Hourly
$49
Prepared by HCIFS
Approved 08/26/2014
1885 Old Spanish hall, Houston. Texas 770154 1 713-706-0292 1 713-796-6844 (F) 1 harriscountytx.govhfs
Ean
THE STATE OF TEXAS
COUNTY OF CALHOUN
Designation of Bauer Community Center as an additional site for District Court
on December 14 and 15, 2020
WHEREAS, Texas Local Government Code Section 292.001(a) authorizes the
Commissioners Court of a County to provide a building or rooms, other than the courthouse, for
the housing of the District Courts if the Commissioners determine that the additional buildings or
rooms are necessary in the County seat;
WHEREAS, due to the Corona Virus 19 pandemic, the rules of public health officials of
the State of Texas require the mandate of social distancing to help prevent the spread of the
virus;
WHEREAS, the COVID-19 operating plans for the counties of the 20, 1351h, 267`h and
3771h District courts require additional spacing between jury panelists called for jury duty;
WHEREAS, the Commissioners Court wishes to provide additional space for persons
called for jury duty including the jury selection;
WHEREAS, the District Court room in the Calhoun County Courthouse is not large
enough to maintain required spacing during jury selection;
WHEREAS, the Bauer Community Center is a community meeting facility in Port
Lavaca, the Calhoun County seat that provides sufficient space required by the COVID-19
operating plans;
NOW, THEREFORE, the Commissioners' Court determines that the temporary use of
the additional buildings or rooms necessary and the Commissioners Court hereby designates the
Bauer Community Center located at 2300 HWY 35N, Port Lavaca, TX 77979 to be used as the
additional site for District Court for the conduct of business of District Court on two days being
Monday, December 14, 2020 and Tuesday, December 15, 2020. Such business to include the
business of District Court, conducting of a jury trial and selection of a jury.
It is sp resolved by vote of the Commissioners Court of this the day of
i/oV4e*-t D ems- 2020.
4,
Meyer, Calhoun(oounty Judge
#19
CALHOUN COUNTY, TEXAS
COUNTY SHERIFF'S OFFICE
211 SOUTH ANN STREET
PORT LAVACA, TEXAS 77979
PHONE NUMBER (361) 553-4646
FAX NUMBER (361) 553-4668
MEMO TO: RICHARD MEYER, COUNTY JUDGE
SUBJECT: IMPOUND VEHICLE FEES
DATE: NOVEMBER 25, 2020
Please place the following item(s) on the Commissioner's Court agenda for the date(s)
indicated:
AGENDA FOR NOVEMBER, 2020
• Consider and take necessary action to accept money from impound
fees from a vehicle that was stopped and impounded for narcotics and put
money into 760-60360. ($400.00)
Sincerely,
Bobbie Vickery
Calhoun County Sheriff
N
RECEIPT
CALHOUN COUNTY SHERIFF'S DEPT.
SHERIFF GEORGE ALEMAN
211 S. ANN STREET
PORT LAVACA, TEXAS 77979
361-553-4646
DATE V 1 M WCh-Qte 20 aO
RECEIVED OF �W (00 Q�
ADDRESS
CITY & S7
v 0 L -4. V ANNOUNCEMENTS PLUS TOO- PORT LAVACA, TX•(361) 552-8IM
# 20
211 South Ann Sheet, Room 302
Port Lavaca, TX 77979-1001
Telephone No. 361/553-4422
Fax No. 3611553.4421
Memo
To: Calhoun County Commissioner's Court
Date: November 3, 2020
Re: DISTRICT ATTORNEY VEHICLE INVENTORY
Please remove the 2004 GMC Envoy, VIN# 1 GKDS13S842101994 from the District
Attorneys inventory. This vehicle was a Chapter 59 forfeiture and needs to be disposed of
as provided by Article 59.06 Texas Code of Criminal Procedure. It will need to be
transferred to the inventory of the Calhoun County Sheriffs Office. They will either sell or
use this vehicle in their fleet, in accordance with their agreement with the District Attorney's
Office.
The Calhoun County Criminal District Attorney's office has been awarded a 2010 Lincoln 4
door, VIN#3LNHL2GC2AR657885 in Cause number 2020-CV-4076-DC. The average
retail value of this vehicle is $5,182.50 (KBB and Edmunds estimates attached).
We respectfully request this vehicle be added to the inventory of the District Attorney's
office and covered by Calhoun County's fleet insurance.
Attached is a copy of the Application for Texas Title, the Title Application Receipt and the
Application for Standard Texas Exempt License Plates, along with a copy of the issued
plates anndd�a'copy of the Default Judgment.
Sara M. Rodriguez
Assistant Criminal District Attorney
Calhoun County, Texas
SURPLUSISALVAGE DECLARATION REQUEST FORM
Department Name: Calhoun County District Attorney
Requested By: Dan W. Heard
Inventory Reason for Surplus/Salvage
Number Description Serial No. Declaration
#21
211 South Ann Street, Room 302
Port Lavaca, TX 77979.1001
Telephone No.3611553.4422
Fax No. 361/553-4421
Memo
To: Calhoun County Commissioner's Court
Date: November 3, 2020
Re: DISTRICT ATTORNEY VEHICLE INVENTORY
Please remove the 2004 GMC Envoy, VIN# 1 GKDS13S842101994 from the District
Attorney's inventory. This vehicle was a Chapter 59 forfeiture and needs to be disposed of
as provided by Article 59.06 Texas Code of Criminal Procedure. It will need to be
transferred to the inventory of the Calhoun County Sheriffs Office. They will either sell or
use this vehicle in their fleet, in accordance with their agreement with the District Attorney's
Office.
The Calhoun County Criminal District Attorney's office has been awarded a 2010 Lincoln 4
door, VIN#3LNHL2GC2AR657885 in Cause number 2020-CV-4076-DC. The average
retail value of this vehicle is $5,182.50 (KBB and Edmunds estimates attached).
We respectfully request this vehicle be added to the inventory of the District Attorney's
office and covered by Calhoun County's fleet insurance.
Attached is a copy of the Application for Texas Title, the Title Application Receipt and the
Application for Standard Texas Exempt License Plates, along with a copy of the issued
plates and a copy of the Default Judgment.
Sara M. Rodriguez
Assistant Criminal District Attorney
Application for Texas Title and/or Re istration
Applying for (please Check one):
TAX OFFICE USE ONLY
❑ Title & Registration 0 Title Only 0 Registration Purposes Only 0 Nontitle Registration
County:
For a connected title or registration, Check reason:
Doc a:
❑ Vehicle Description ❑ Add/Remove Uen 0 Other:
0 SPV 0 Appraisal Value S
1. Vehicle Mentifiatfon Number
2. year 3. Make 4. Body Style
5. Model
6. Major Color
I. Minor Color
3LNHL2GCZAR657885
2010 Lincoln 4D
MK2 IRED
a. TexasUceme Plate No.
19.0dometer Reading(notenths)
10. This is the Actual Mileage unless the mileage is:
13.Emplywelght
12.Carrying Capadty(dany)
MVX3698
170649,
0 Not actual ❑ Exceeds Mechanical limits O Exempt
13. AppRcant Type
14. Applicant Photo 10 Number or FEIN/EIN
❑ Individual ❑ Business IN Government ❑ Trust ❑ Non -Profit
15. to Type 0 U.S. Driver License/10 Card (Issued by; ) ❑ NATO 10 ❑ U.S. Dept. Of State ID
0 Passport (Issued by; ) ❑ U.S. Military 10 0 U.S. Dept. Of Homeland Security 10
O U.S. Citizenship & Imml ration Servlces/00) ID C1 Other Military Status of Forces Photo ID
16. Applicant First Name(ar Entity Name) Middle Name Last Nome Suffix (if any)
CALHOUN COUNTY CRIMINAL DISTRICT ATTORNEY
17. Additional Applicant First Name (if applicable) Middle Name last Name Suffix (if any)
18. Applicant Melling Address City State Zip
f19. Applicant County of Residence
211 S. ANN STREET, SUITE 302 PORT LAVACA, TX 77979
ICALHOUN
20. Previous Owner Name for Entity Name) CityState
23. Dealer GON (ifap0licahk)
2. Unit No. (If applicable)
ASHLEIGH NICOLE MCKENZIE PORT LAVACA, TX 7797911
23.Renewal Recipient First Name (or Entity Name) (if different) Middle Name last Name Suffix (if any)
24. Renewal Notice Mailing Address (if different) City state Zip
P. O. BOX 1001, PORT LAVACA, TX 77979
25.Applkam Phone Number(optional)
26. Email (optional)
2I. Registtalien Renewal efleminder
Te. Communication knpedlmentir
362-553-4422
0 Yes (Provide Email In U261
❑ Yes (Attach farm VTR-216)
29. Vehicle Location Address (if different) City Slate Zip
PORT LAVACA TEXAS 77979
30. Multiple (Additional) Lien
31. Electronic Tale Request
32.Certified/11'Ile Lienholder lO Number (it any)
33. First Lien Dated any)
0 Yes (Attach Form VTR467)
❑ Yes (cannol Check p301
39.F Its Uenholder Name IN arty) Mailing Address city State Zip
35. Check only if applicable: MOTOR VEHICLE TAX STATEMENT
❑ I hold MotorVohide Retailer (Renal) Pom,e No. and win satisfy the mmimum lax liability(VA.T.S., Tax Code§152,04ryeil
0 1 am a dealer or horror and qualify to take the fair Market Value Deduction (V.AX.S., Tax Code, 0152.0021c ). GON or Lessor Number
$6. Trade-in (if am) Year Make Vehicle Identification Number
37. Additional Trade-In(s)
❑ Yes (Complete)
t7 Yes
Ta. Check only if applicable: SAl6SAND USE TAX COMPUTATION
❑ (a) Sales Price IS rebate has been deducted) $ 0$90 New Resident Tax -(Previous Stale)
M less Tradean Amount, described In Box 36 above 5l 1 0 SS Even Trade Tax
(c) For OeaiessAeasors/Rental ONLY- Fair Market Value 0 $10 Gift Tax- Attach Comptro'ler Form 14.317
Deduction, described In Box 36 above 5l ) 0 $65 Rebuilt Salvage Pee
1d)Taxable Amount (Ilan, a minus Ilan Is or item c) S 02.5%Emissions ("(Diesel Vehicles 1996 and Older r 14,000 Rtt.)_�-„
(a) 6.25% Tax On Taxable Amount (Multiply Item d by.062S) S ❑ 1%Emissions Fee (Oiesel Vehicles 1997 a•d Newero 14,000fos.)
II) laleTax Payment Penalty 0 S%car 0 10% S 0 Exemption claimed under the Motor Vehicle Sales and Use Tax taw because: ..._
is) Tax Paid to (STATE) $
(h) AMOUNT OFTAX AND PENALTY DUE ❑ $28 or$33 Application Fee for Texas Title
(from a plus hem l minus Item 81 $ _ (Contact your county tax assessor -collector for the correct fee.)
CERTIFICATION- State law makes falsifying Information a third degree felony
I hereby certify all sntements in this document are true and correct to the best of my knowledge and belief, and l am ehgPole for title and/or registration (as applicable)
SignlLLura(Sj ofSeller(s), Donor(s), or Trader( Printed Name(s) Isom as Signalnre(s)) Date -�
!7,,]'��,L�O�- -rlv . 4 cam- t , SARA M. RODRIGUEZ 11/05/2020
Sig nature N ApplkantlOwner u-a Printed Name (Same as Sigmture) Date �-
Signatwels)of Additbml Appliant{sUOwnerls) Printed Namefs)(Same as 51gnslure(si) Date
Form 130-1.1 Rev 09119 Form available online at www,TxDMV.gov Page 1 of 2
Application for Texas Title and/or Registration
General Instructions
With slow exceptions, you are entitled to be Informed about the Information the department collects about you. The Texas Government
Code entitles you to receive and review the information and to request that the department correct any Information about you that Is
Incorrect. Please contact the Texas Department of Motor Vehicles at 1.888-368-4689 or 512-465-3000 for details.
This form must be completed and submitted to your county tax assessor -collector accompanied by any required application fee,
supporting documents, registration fee, if applicable, and any motor vehicle tax due. An application form may be reproduced or faxed. A
completed form must contain the original signature of the buyer. The seller's signature may be reproduced or faxed. All title applications
must include one of the government -issued photo IDS listed in Box 15. Detailed instructions for completing this form are located in the
Detailed Instructions for Application for Texas Title and/or Registration (Form VTR-130-1.1IF).
AVAILABLE HELP
• For assistance in completing this form, contact your county tax assessor -collector.
• For information about motorvehicle sales and use tax or emission fees, contact the Texas Comptroller of Public Accounts, Tax
Assistance Section, at 1-800.252.1382 toll tree nationwide or call S12-463.4600.
• For title or registration Information, contact your county tax assessor -collector or the Texas Department of Motor Vehicles at
2-888-368.4689 or 512.46S-3000.
Additional Details
Title Only: License plates and registration insignia previously issued for this motor vehicle must be surrendered in accordance with
Transportation Code §501.0275, if applicable, unless this vehicle displays a license plate under an applicable status of forces agreement.
The followingtypes of vehicles are not eligible for Title Only: construction machinery (unconventional vehicles), water well drilling units,
machinery used exclusively for drilling water wells, construction machinery not designed to transport persons or property, implements of
husbandry, farm equipment (including combines), golf carts slow moving vehicles, or any vehicle with a suspended or revoked title.
Registration Purposes Only: Do not Surrender an original out of state title with this application. ATexas title will NOT be issued for a
vehicle applying for Registration Purposes Only. The receipt issued upon filing this application will serve as the registration receipt and
proof of application for Registration Purposes Only.
. Foreign Vehicles: Foreign vehicles applying for Registration Purposes Only must attach DOT Form HS-7 or U.S. Customs Form CF-7S01 to
indicate the vehicle is: 1) over 25 years old, or 2) complies with Federal Motor Vehicle Safety Standards, or 3) is being imported In the
United States for a temporary period by a nonresident or a member of the armed forces of a foreign country on assignment in the U.S.,
and does not conform to the Federal Motor Vehicle Standards and cannot be sold in the V.S.
Nontitle Registration: Certain trailers, farm equipment, construction machinery, oil well servicing machinery, water well drilling units, etc.
are either exempt from,. or not eligible for title, but are eligible for, or required to, obtain registration or a specialty plate in order to operate
on the highway. Applicants should mark this box only when applicable. Note: Alien cannot be recorded on this type of application.
Out of State Vehicles: If the applicant certifies the vehicle Is located out of state, self -certification of the Vehicle Identification Number (VIN)
is allowed if a VIN verification form issued by a Texas state -approved safety inspection station is not included with the submission of this
application, See Vehicle Identification Number Certification (Form VTR.270) for more information.
Notice
• The sales and use tax must be paid to the county tax assessor -collector within 30 days from the date of purchase or entry of the vehicle Into Texas.
• A $2,50 transfer feels paid to transfer current registration to the new owner in addition to the title application fee and other applicable fees, if the
registration is not current, full registration fees are due unless applying for Title Only.
• A6.25 percent motor vehicle sales and use taxis imposed on the sales price (less trade-in allowance) of motor vehicles for usein Texas or a motor
vehicle purchased outside of the state and later brought into this state by a Texas resident.
• Standard Presumptive Value (SPV) applies to private -party sales of most used motor vehicles purchased or brought Into Texas. The taxis computed on
the greater of the sales price or 80 percent of the SPV on the day of title application.
• New Texas residents are subject to a$90 use tax on a vehicle brought into this state that was previously registered to the new resident in another state
or foreign country. This is in lieu of the 6.25 percent use tax Imposed on a Texas resident.
• A $10 gift tax is due when a Person receives a motor vehicle as a gift from an Immediate family member, guardian, or a decedent's estate. A vehicle
donated to, or given by, anon -profit service organisation qualifying under IRC 501(c)i3) is also taxed as a gift. Both donor and recipient must sign the
Comptroller'sjoint affidavit, Affidavit of Motor Vehicle Gift Transfer (Form 14.317). The affidavit and the title application must be submitted In person
by either the donor or recipient.
• Atransaction in which a motor vehicle is transferred to another person without payment ofconsideratinn and one that does not qualify as a gift
described above is a sale and will be subject to tax calculated on the vehicle's standard presumptive value.
• A late penalty equal to 5 percent of the tax will be charged if the tax or surcharge Is paid from 1 to 30 calendar days late. If more than 30 calendar days
late, the penalty will be 10 percent of the tax; minimum penalty is 51,
• In addition to the late tax payment penalty, Texas Transportation Code provides for an escalating delinquent transfer penalty of up to $250 for failure to
apply for title within 30 days from the date of title assignment. Submit this application along with proper evidence of ownership and appropriate valid
proof of financial responsibility such as a liability insurance card or policy.
• All new residents applying for a Texas title and registration for a motor vehicle must file at the county tax assessor -collector of the county in Texas
where the applicant resides within 30 days of establishing residency. Texas law requires that all vehicles previously registered and titled or registered in
another state or country be Inspected for safety and the vehicle identification number verified before such vehicles may be registered In texas. These
inspections must be made by a state appointed safety inspection station that will complete a Texas Vehicle Inspection Report. This form must be
submitted to the county lax assessor -collector with yourapplication for registration and Texas title.
Form 130-U Rev09/19 Form available online at www.TxDtAV.gov Page 2 of 2
"Wr . Application for county UBe Only
of Standard Texas Exempt License No
D MolYr of Exp
l'M i)L'(1n hidet. s License Plates
u/' \ltlttfr l'chirlcrs Date Issued ,
Instructions
Submit a completed application for vehicles operated or leasedby a qualifying governmental entity to your local county tax
assessor-collector's office. This application may be used for up to six (6) vehicles. If the vehicle is leased, attach a copy of the lease
agreement.
If the entity is a volunteer fire department or emergency ambulance service, complete one of the applications listed below in lieu
of this application:
• Volunteer fire department —Application for Exempt Registration of Certain Rescue Vehicles (Farm VrR-62-F)
• Emergency ambulance service —Application far Exempt Registration of an Emergency Medical Services Vehicle (Form VTR-
62-EMS)
NOTE: A federal tax exemption status or the assignment of a Comptroller I.D. number does not qualify a vehicle for exempt license
Plates.
Vehicle Requirements
Exempt vehicles must ensure proper inscription as required by Texas Transportation Code Chapter 721. United States
government owned vehicles are exempt from the inscription requirements In Chapter 721.
Exempt Organization Information
Name of Governmental Entity
Department/Office
Calhoun County Criminal District Attorney
Criminal District Attorney
Authorized Agent First Name
Middle Name
Last Name
SufFix
Sara
M-
Rodriguez
Address
City
State
zip
212 S. Ann Street, Suite 302
Port Lavaca
Texas
77979
Email
Phone Number
sare.rodriguez@calhouncotx.org
(361) 5S3.4422
Exempt Vehicle Information
Year Model
Vehicle Make
Body Style
Vehicle identification Number
Empty
COUNTY USE
Weight(Ibs.)
ONLY
Plate Issued
1
2010
Lincoln
Mxz
3LNH12GUAR657885
2
3
4
5
6
Certification - State law makes falsifying information a third degree felony.
I certify I am authorized to sign this application on behalf of a qualifying governmental entity, and the vehicle(s) display the name of
the ggoove`rnm-ental entity an each side of the vehicle as specified above.
r �, �"ems 11/5/2020
Authorized Agrigeent Signature 0—_'K14� Date
Form VTR-62-A Rev. 1/2020 Form available online at www.TxDMV.eov Page 1 of 1
AOrTdmsDgWW=gjMoIorVddcks
TITLE APPLICATION RECEIPT
COUNTY: CALHOUN SAC NAME: HEART J. BOYD
DATE: 11/05/2020 EFFECTIVE DATE: 11/05/2020
DOCUMENT NO 3QQ7296IMp 38154128 EMPLOYEE ID MAD TRANSAACTIONRID: 02910044130154120
PREV DOC NO: 23625043964004138 P
RENEWAL RECIPIENT NAME AND ADDRESS OWNER NAME AND ADDRESS
CALHOUN COUNTY DID ATTORNEY CALHOUN COUNTY CRIMINAL
PO BOX 1001 DISTRICT ATTORNEY
PORT LAVACA, TX 77979 211 S ANN STREET,SUITE 302
PORT LAVACA, TX 77979
REGISTRATION CLASS: EXEMPT -NOT FOR TITLE ONLY
PLATE TYPE: EXEMPT DOUBLE PIT
ORGANIZATION:
STICKER TYPE: WE
VEHICLE IDENTIFICATION NO: 3LNHL2GC2AR657885 VEHICLE CLASSIFICATION: PASS
WAKE: 2010/LILAC MODEL: MXZ BODY STYLE: 4D UNIT NO•
EMPTY WT: 3600 CARRYING CAPACITY: 0 GROSS NY: 3600 TRAILER TYPE:
BODY VEHICLE IDENTIFICATION NO:TVL TRLR L M/SQFT: 0.0'
PREV OWNER NAME: ASHLEIGH NICOLE MCKENZIE PREY CITY/STATE! PORT LAVACA, TX
INVENTORY ITEM EI YR
EXEMPT DOUBLE NIT
WINDSHIELD STICKER 2021 FEES ASSESSED
SALES TAX FEE S DO
VEHICLE RECORD NOTATIONS EXEMPT REGISTRATION S 0;00
EXEMPT TOTAL S 00
PAPER TITLE
MAJOR COLOR: RED
SALES TAX CATEGORY:
EXEMPT
Date Or Assignment/Sales Tax Date:
11105/2020
��
ONNEESMIPREVIDENCE: COURT ORDER
Lase Trade InaAll wanlcedOVAt
0.00
15S LIEN
TaxabLeas
g56
0.00
Other 6tetolTazRPaSAyy
6
0.00
TOTALTAX6
Batch N0! 1004413802 Batch COuntt 9
2ND LIEN
3RD LIEN
THIS RECEIPT 1S YOUR PROOF OF APPLE CATIONEFOR CERTIFICIATEROFOTITLELAND REGISTRRAATION. LEI.
PEEL FROM BACK ONLY I DESPEGUE FOR DETRAS
1437561 �Q
80205111
1 111i� I
CALHOUN
AR657885'
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OR
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> 80205111 <
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A
Texas Department of Motor Vehicles
TITLE APPLICATION RECEIPT
'S2: i ,: :. a 'F: • eii z'< �^.
r'.CO�IfITY:. CALn0:13i s', ...:„,,.. .,•:} IAO:UhNE,i': K£d'FW, 2 ,
AIE: 11/051202C
.,..PLAT£ NOt.'Ia375E1 77ME: 03v 41PR
OOCONENT NO: 0 10041135'S412R EMPLOYEE ID: AP
PREV DOG WO: 235250439 400 423E P
/RENEWAL kCIPIL"NT tOAi"P ANC ADDRE55
-_CALNO'.ffN COUNTY CIS ATIORNSY
PC BOX 1001
PORT LAVACA, TX 77979
f 4eT +
RFPFCRIVE DATT: ll/CS/202C
.EXPR TION DATE: 1/,,II0331
TRANSACTION 10: 02910044138304.120
OWNER NAME AND ADDRESS
CALHOUN COUNTY C:AIR111AL
DISTRICT ATTORNEY
213, S ANN STREET,SUITE 302
PORT LAVA'CA, TX 77:279
AEGISTRATICN CLP.SSt EXEMPT -NOT FOR TITLE ONLY
"'TE TYPE: EXPHTT 00uNt:: PI.T
ONANI ZATIOrt:
S 1CNL''R TYPE: WS
VRRTCLE IDENTIFICATION "Of
$LNML2G^1Ai10•u7QP5 VXNICLE CLASSIFICATION:
PASS
YRIN,AXE: 20I0/LILAC MODEL:
WA2 BODY STY!+Et 4D UNIT Not
ppFFoNFYWIt 3E00 CARRYING CAPACITY; 0
IDENTIFICATION N0:
OPOy9 W: 460-RAILER TYPE:TtERICLE
OWNER NAME^ ASNLEIGN NICOLE P.R_iIT£
AF'r:
PREtPRRT AV., TX
D'D"pp
INVENTORY ITrIf Qi
yR
EXEMP DOUBLE PLT
WINDSHIELD PTICXER
2021
FEES ASSESSED
VENICLS RECORD NOIATIONS
$ALF$.TAX FEE
GXENPT REC.ISIRATION
�
0.00
0.00
EXEMPT
PAPtR TITLE..TOTAL
0.00
WOR COLOR:.Ti ;-,
lb
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k';• YJ':Ci :'
.. +', � SACStS TA1', CA'fi«p(�f
EXEMPT
OQONETER READiOG; T.F.EMPT
FRANC' Daft ofYh46191ment/Sale, Tax Date:
sales Price
11/05/2020
S
0.00
OWNERSHIP EV,T.00COC£t COURT ORDER
LO03Trade In Allowance
S
O.DO
ISILicit
Taxable Amount
S
O.OD
Sales .Tax Paid
S
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Less Other State Tax Paid
4
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TOTAL TAX .PAID
9
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2ND LIEN
Itself, No: 1009913E02 Batch countf
9
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THIS RECEIPT IS YOUR PROOF OF APPLI THIS
FORPCERTIFICATEROr TITLEED IN LANDOREGISTRATIONIGLEE.
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Y'
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CALHOUN Al 185
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143 it 7
The Lone Star State
FILED
AT O'CLOCK&NI
SEP 172(.0
NO.2020-CV-4076—DC pNPUt KAP.EL
cis C" ^ f f )101 Wily. iEY1S
THE STATE OF TEXAS $ IN THE DISTRIC- - • — per�rr
Plainti$',
VS §
§ 135TH JUDICIAL DISTRICT
2010 LINCOLN 4 DOOR, VIN# §
§
3LNHI.2GC2AR657885
Defendant. § OF CALHOUN COUNTY, TEXAS
DEFAULTJUDOMENT
BE IT REMEMBERED that on the / ! day of ,f T— 2020, came on to be heard the
above entitled and numbered cause wherein The Slate of Texas as Plaintiff alleged that it had
seized ONE 2010 LINCOLN 4 DR, VIN# 3LNHL2GC2AR657885, in the Original Notice of
Seizure and Intended Forfeiture filed herein.
Plaintiff, The State of Texas, appeared by and through SARA M. RODRIGUEZ, Assistant
Criminal District Attorney for Calhoun County, Texas,
It appears that citation and certified copy of Plaintifrs Original Notice of Seizure and
Intended Forfeiture was served personally on Ashleigh Nicole McKenzie, the person in whose
possession said property was found. The return of said citation having been on file for more than
ten (10) days, the said Ashleigh Nicole McKenzie came not in person or through counsel and
wholly made default.
Plaintiff, The State of Texas, presented its petition as prima facia evidence that the said
property involved herein was ONE 2010 LINCOLN 4 DR, VIN# 3LNHL2GC2AR657885. The
Court, after duly considering the evidence and the law involved herein, is of the opinion that said
property is contraband as defined in the Texas Code of Criminal Procedure, Article 59.01(2) in that
said 2010 LINCOLN 4 DR, VIN# 3LNHL2GC2AR657885 was used in the commission of or
Proceeds acquired from the commission of a felony under Chapter 481 of the Texas Penal Code,
to -wit: ManufaetureJDelivery of a Controlled Substance4 in Penalty Group 1, greater than or equal
to 4 grams, but less than 200 grams and Possession of a Controlled Substance in Penalty Group 3,
greater than or equal to 4 grams..
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that said
property as identified in said Original Notice of Seizure and intended Forfeiture on file herein be
and Is hereby found to be liable to forfeiture under said statute. THEREFORE, said 2010
LNCOLN 4 DR, VN# 3LNHL2GC2,AR657885 is hereby forfeited to the Calhoun County
Criminal District Attorney's Office as provided in Chapter 59 of the Texas Code of Criminal
Pmcedure in accordance with its Local Agreement with the Port Lavaca Police Department.
IT 1S, THEREFORE, ORDERED, ADJUDGED AND DECREED that costs shall be
assessed against the party incurring same.
IT IS FURTHER ORDERED that Plaintiff shall have all writs of execution and other
Process necessary to enforce this judgment.
All relief not expressly granted herein is denied.
SIGNED this ITS day of -10
LWAIV6 2020
APPROVED AS TO FORM:
Assistant Criminal District Attorney
for Calhoun County, Texas
P.O. Box 1001
Port Lavaca, Texas 77979
(361)553-4422
State Bar No. 240509980
# zz
Mae Belle Cassel
From:
mary.orta@calhouncotx.org (mary orta) <mary.orta@calhouncotx.org>
Sent:
Friday, November 6, 2020 12:18 PM
To:
maebelle.cassel@calhouncotx.org
Subject:
Agenda Item
Attachments:
Waste Declaration 11-06-20.PDF
Maebelle,
Could you please put this on for Commissioners Court to declare items as waste in the Elections Department.
Thank You,
Mary Aywt10vta.
Elections Administrator
Calhoun County, Texas
211 S. Ann St. Suite 103
Port Lavaca, Texas 77979
361-553-4441 Office
361-553-4443 Fax
e-mail: marv.orta@calhouncotx.ora
Calhoun County Texas
Calhoun County, Texas
WASTE DECLARATION REQUEST FORM
Department Name: U ct j_) nS
Requested By:C�„a,�Qy-�Y�
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CALHOUN COUNTY, TEXAS
COUNTY TREASURER'S REPORT
MONTH OF: SEPTEMBER 2020
BEGINNING
ENDING
FUND
FUNDBALANCE
RECEIPTS
DISBURSEMENTS
FUNDRALANCE
OPERATING FUNDS:
GENERAL
$ 26,778,253.67
$ 2,236,95633
$ - 3,275,313.74
$ 25,739,896.26
AIRPORT MAINTENANCE
14,246.92
106.29
- 1,604.95
12,748.26
APPELLATE JUDICIAL SYSTEM
1,194.92
145.97
1,340.89
COASTAL PROTECTION FUND
2,081,792.15
< 919.60
6,100.00
2,076,611.75
COUNTY AND DIST COURT TECH FUND
6,724.12
201.40
-
6,925.52
COUNTY CHILD ABUSE PREVENTION FUND
674.00
0.52
674.52
COUNTY CHILD WELFARE BOARD FUND
6,053.55
2.67
6,056.22
COUNTY JURY FUND
78.73
27,04
-
105.77
COURTHOUSE SECURITY
271,577.02
1,652.69
273,229.71
COURT INITIATED GUARDIANSHIP FUND
10,750.07
` 144.75
-
10,894.82
DIST CLK RECORD PRESERVATION FUND
34,111.54
40754
-
34,519.08
COURT REPORTERS SERVICE FUND
48.36
' 49.89..
"
98.25
CO CLK RECORDS ARCHIVE FUND
248,574.02
4,229.80
-
252,803.82
COUNTY SPECIALTY COURT FUND
322.54
353.34
-
675.88
DONATIONS
92,836.76
7,824,49
1569.28.
99,091.97
DRUG/DWI COURT PROGRAM FUND -LOCAL
24,027.96
414,68
-
24,442.64
JUVENILE CASE MANAGER FUND
21,445.75
184.22
434.13
21,195.84
FAMILY PROTECTION FUND
12,808.87
110.66.
-
12,919.53
JUVENILE DELINQUENCY PREVENTION FUND
9,034.06
3.99
-
9,038.05
GRANTS
866,329.28
110.91
30,258.16
836,182.03
JUSTICE COURT TECHNOLOGY
91,225.81
574.69
52.38.
91,748.12
JUSTICE COURT BUILDING SECURITY FUND
6,32T05
40.82
-
6,364.87
LATERAL ROAD PRECINCT#1
4,401.23
1.94
4,398.08-
5.09
LATERAL ROAD PRECINCT #2
4,401.23
1.94
4,398.08
5.09
LATERAL ROAD PRECINCT#3
4,401.21
1,94
4,398.06
5.09
LATERAL ROAD PRECINCT #4
4,401.23
1.94
4,398.08
5.09
JUROR DONATIONS -HUMANE SOCIETY
3,142.00
3,142.00
PRETRIAL SERVICES FUND
81,473.07
35,99
81,509.06
LOCAL TRUANCY PREVENTION/DIVERSION FUND
3,128.76
479.28
-
3,608.04
LAW LIBRARY
211,812.59
- 1,041.62
212,854.21
LAW ENT OFFICERS STD. EDUC. (LEOSE)
38,156.40
- 16.86
-
38,173.26
POC COMMUNITY CENTER
32,272.01
114.26.
4,663.36
27,722.91
RECORDS MANAGEMENT -DISTRICT CLERK
9,046.40
255.39
-
9,301.79
RECORDS MANAGEMENT -COUNTY CLERK
165,360.40
4,267.74
2.28
169,625.86
RECORDS MGMT & PRESERVATION
29,319.19
1,333.62
-
30,652.91
ROAD &BRIDGE GENERAL
1,594,301.31
34,754.97
-
1,629,056.28
6MILE PIER/BOAT RAMP INSUR/MAINT
39,148.79
17.29
-
39,166.08
CAPITAL PROD- BOGGY BAYOU NATURE PARK
67,939.00
-
-
67,939.00
CAPITAL PROJ- COED DR INFRASTRUCTURE
322,937.00
-
-
322,937.00
CAPITAL PROJ CHOCOLATE BAYOU BOAT RAMP
176,250.01
-
-
176,250.01
CAPITAL PROD -RB INFRASTRUCTURE
9,714.41
-
9,714.41
CAPITAL PROJ AIRPORT RUNWAY IMPROVEMEN
14,972.13
-
-
14,972.13
CAPITAL PROJ MAGNOLIA BEACH EROSION CONH
175,000.00
-
-
175,000.00
CAPITAL PROD EVENT CENTER
125,927.09
-
-.
125,927.09
CAPITAL PROD FIRE TRUCKS & SAFETY EQUIP
6,448.68
-
6,448.68
CAPITAL PROD -GREEN LAKE PARK
7,160.74
-
-
7,160.74
CAPITAL PROD HATERIUS PARK/BOAT RAMP
20,242.36
-
20,242.36
CAPITAL PROD PORT ALTO PUBLIC BEACH
223,132.58
-
-
223,132.58
CAPITAL PROJ HURRICANE HARVEY FEMA
41,015.88
-
-
41,015.88
CAPITAL PROJ IMPROVEMENTS PROJECTS
346,717.55
-
346,717.55
CAPITAL PROI HOSPITAL IMPROVEMENTS
2,960,500.00
1,440.75
2,959,059.25
CAPITAL PROI-MMC LOANS
500,000.00
-
-
500,000.00
ARREST FEES
537.82
174.96
-
712.78
BAIL BOND FEES (HE 1940)
675.00
435.00
-
1,110.00
CONSOLIDATED COURT COSTS (NEW)
2,091.49
3,843.56
-
5,935.05
CONSOLIDATED COURT COSTS 2020
8,234.29
` 9,742.55
- -
17,976.84
DNATESTINGFUND
285Al
55-.11
340.22
DRUG COURT PROGRAM FUND - STATE
73.48
404,06...
477.54
SUBTOTALS
$ 37,813,054.59
$ 2,311,442.31
$ 3,339,031.33
S 36,785,465.57
Page I of 3
COUNTY TREASURER'S REPORT
MONTH OF: SEPTEMBER2020
BEGINNING
ENDING
FUND
FUND BALANCE
RECEIPTS
DISBURSEMENTS
FUNDBALANCE
OPERATING FUNDS -BALANCE FORWARD
$ 37,813,054.59
$ 2,311,442.31
$ 3,339,031.33
$ 36,785,465.57
ELECTION SERVICES CONTRACT
$ 81,204.19
3,672.81
$ 84,876.99
ELECTRONIC FILING FEE FUND
$ 1,467.64
1,590.02
$ 3,057.66
EMSTRAUMAFUND
333.38
1,328.85
1,662.23
FINES AND COURT COSTS HOLDING FUND
7,847.31
-
7,84731
INDIGENT CIVIL LEGAL SERVICE
280.30
- 294.00
-
574.30
JUDICIAL FUND(ST. COURT COSTS)
0.00
268.10.
268.10
JUDICIAL& COURT PERSONNEL TRAINING FUND
239.49
218.94
- -
458.43
JUDICIAL SALARIES FUND
1,919.17
- 2,001.41
_
3,920.58
JUROR DONATION -TX CRIME VICTIMS FUND
352.00
352.00
JUVENILE PROBATION RESTITUTION
37.57
-. 25.00
-
62.57
LIBRARY GIFT AND MEMORIAL
50,546.99
0.88
50,547.87
MISCELLANEOUS CLEARING
10,259.98
' 574.83:
775.59
10,059.22
REFUNDABLE DEPOSITS
2,000.00
-
-
2,000.00
STATE CIVIL FEE FUND
2,686.82
2,506.27
5,193.09
CIVIL JUSTICE DATA REPOSITORY FUND
2.35
3.08
-.
5.43
JURY REIMBURSEMENT FEE
155.29
_ 239.70
-
393.99
SUBTITLE C FUND
4,125.23
- 3,471.58
7,596.81
SUPP OF CRIM INDIGENT DEFENSE
77.67
1200
-
204.37
TIME PAYMENTS
261.27
626.76
-
888.03
TRAFFIC LAW FAILURE TO APPEAR
438.43
278.68
-
717.11
UNCLAIMED PROPERTY
10,820.48
695.14
-
11,515.62
TRUANCY PREVENTION AND DIVERSION FUND
174.25
67.74
-
241.99
BOOT CAMPIJJAEP
147.43
- -
147.43
JUVENILE PROBATION
233,713.97
65,546.57
60,062.75
239,197.79
$ 38,222,145.79
$ 2,394,978.37
$ 3,399,869.67
$ 37,217,254.49
SUBTOTALS
TAXES IN ESCROW
0.00
0.00
0.00
0.00
TOTAL OPERATING FUNDS
$ 38,222,145.79
$ 2,394,978.37
$ 3,399,869.67
$ 37,217,254.49
OTHERFUNDS
D A FORFEITED PROPERTY FUND
24,500.11
-9.04
-
24,509.15
SHERIFF NARCOTIC FORFEITURES
44,740.69
` 16.14
1,804.43
42,952.40
CERT OF OB-CRTHSE REF SERIES 2010
20,628.36
1,238.24
21,866.60
CERT OF OB-CRTHOUSE I&S SERIES 2012
28,458.33
1,620.37
30,078.70
CAL. CO. FEES & FINES
113,435.70
91,320.43
115,419.84 -
89,336.29
S 231763.19
$ 94204.22
S 117224.27
$ 208743.14
TOTAL OTHER CO. FUNDS
MEMORIAL MEDICAL CENTER
OPERATING
8,517,109.44
$ 2,913,462.73
$ - 4,725,513.11
$ 6,705,059.06
INDIGENT HEALTHCARE
5,052.93
-. - '10,053.59
10,053.43-
5,053.09
PRIVATE WAIVER CLEARING FUND
429.55
0.16
- - 0.00
429.71
CLINIC CONSTRUCTION SERIES 2014
533.53
0.20
0.00
533.73
NET ASFORD
247,935.57
884,362.38
919,035.73
213,262.22
NHBROADMOOR
118,162.97
693,673.01
737,440.45
74,395.53
NH CRESCENT
304,866.26
568,234.52
832,951.74
40,149.04
NHFORTBEND
104,844.55
304,009.25
331,114.54
77,739.26
NHSOLERA
441,009.28
811,167.84.
1,194,324.53
57,852.59
NET GOLDEN CREEK
276,096.13
634,625.00
802,291.78
108,419.35
NHSOLEKADACA
0.00
0.00
'0.00
0.00
NH ASHFORD DACA
0.00
- 0.00
0.00
0.00
NHBROADMOORDACA
0.00
0,00
-0.00
0.00
NH GULF POINTE-PRIVATE PAY
20,734.73
71,005,59
75,564.41
16,175,91
NH GULF POINT PLAZA MEDICARE / MEDICAID
188,741.04
498,081.78
_ 685,934.94
887.88
NH BETHANY SENIOR LIVING
449,354.66
834,302.10
1,262,863.01
20,793.75
NH TUSCANY VILLAGE
216.411.19
381,409.33
486,638.82
111,181.70
$ 10,891271.83
$ 8,604,397.48
$ 12,063,726A9
$ 7,431,932.82
TOTAL MEMORIAL MEDICAL CENTER FUNDS
DRAINAGE DISTRICTS
NO. 6
39,746.35
118.94
127.45
$ 39,737.84
NO.8
115,508.62
72.89
- 536.40
115,04510
NO. 10-MAINTENANCE
177,485.72
319.24
108.00
177,696.96
NO. II-MAINTENANCE/OPERATING
233,864.42
1,083.50
_ 30,473.44
204,474.48
NO. 11-RESERVE
162,728.56
60.02
162,788.58
$ 729,333.67
$ 1,654.58
$ 31,245.29
$ 699,742.96
TOTAL DRAINAGE DISTRICT FUNDS
CALHOUN COUNTY WCID Nl
OPERATING ACCOUNT
$ 384,190.00
73.24
11,223.69
$ 373,039.55
PAYROLL TAX
$ 1,661.69
13.70
182.58 1
$ 1,492.81
S 385,851.69
86.94
11,406.27
$ 374,532.36
TOTAL WCID FUNDS
CALHOUN COUNTY PORT AUTHORITY
MAINTENANCE AND OPERATING
S 30,212.39
$ 151.20
S
$ 30,363.59
CALHOUN COUNTY
FROST BANK
$ 2,085.87
$
$ 5.00
$ 21080.87
$ 12,038,755.45
$ 8,606,280.20
$ 12 106 383.05
$ 8,538,652.60
TOTAL MMC, DR DIST., NAV. DIST, WITH & FRO
$ 50,492,664.43
S 11,095,462.79
S 15,623,476.99
$ 45,964,650.23
TOTALALLFUNDS
Page 2 of 3
COUNTY TREASURER'S REPORT
MONTH OF: SEPTEMBER2020
BANK RECONCILIATION
LESS: CERTOFDEP/
FUND
OUTSTNDGDEP/
PLUS: CHECKS
BANK
FUND
BALANCE
OTHERITEMS
OUTSTANDING
BALANCE
OPERATING"
$ 37,217,254.49
22,134,684.99
149,804.91
$ 15,232,374.41
OTHER
D A FORFEITED PROPERTY FUND
24,509.15
- -
- -.
24,509.15
SHERIFF NARCOTIC FORFEITURES
42,952.40
-
304.43
43,256.83
CERT OF OB-CRTHSE REF SERIES 2010
21,866.60
- 634.67
-
21,231.93
CERT OF OB-CRTHOUSE I&S SERIES 2012
30,078.70
830.31
-
29,248.39
CAL. CO FEES & FINES
89,336.29
: 16,666.52
I L010.06
83,679.83
MEMORIAL MEDICAL CENTER
OPERATING
6,705,059.06
-
721,120.98
7,426,180.04
INDIGENT HEALTHCARE
5,053.09
10,001.41
10,405.02
5,456.70
PRIVATE WAIVER CLEARING FOND
429.71
-
-
429.71
CLINIC CONSTRUCTION SERIES 2014
533.73
-
-.
533.73
NH ASFORD
213,262.22
-
-
213,262.22
NFI BROADMOOR
74,395.53
74,395.53
NO CRESCENT
40,149.04
-
-
40,149.04
NH FORT BEND
77,739.26
-
77,739.26
NH SOLERA
57,852.59
-
-
57,852.59
NH GOLDEN CREEK
108,419.35
-
-
108,419.35
NH SOLERA DACA
0.00
-
0.00
NO ASHFORD DACA
0.00
-
0.00
NHBROADMOORDACA
0.00
-
0.00
NH GULF POINT PRIVATE PAY
16,175.91
-
-
16,175.91
NH GULF POINTE PLAZA MEDICARE / MEDICAID
887.88
-
-
887.88
NH BETHAN SENIOR LIVING
20,793.75
-
-
20,793.75
NH TUSCANY VILLAGE
111,181.70
111,181.70
DRAINAGE DISTRICT:
NO.6
39,737.84
104.30
-
39,633.54
NO.8
115,045.10
0.09
424.15
115,469.16
NO. 10 MAINTENANCE
177,696.96
169.84
-
177,527.12
NO. 11 MAINTENANCE/OPERATING
204,474.48
83.00
-
204,391.48
NO. I I RESERVE
162,788.58
-
162,788.58
CALHOUN COUNTY WCm NI
OPERATING ACCOUNT
373,039.55
-
-
373,039.55
PAYROLL TAX
1,492.81
-
-
1,492.81
CALHOUN COUNTY PORT AUTHORITY
MAINTENANCE/OPERATING ****
30,363.59
30,363.59
CALHOUNCOUNTY
FROST BANK
2,090.87
-
-
2,080.87
TOTALS is
45 964 650.23 is
22 163175.13
$ 893 069.55
$ 24 694 544.65
**** PROSPERITY BANK CDs -OPERATING FUND $22,266,188.76
**** THE DEPOSITORY FOR CALHOUN COUNTY WCID IS INTERNATIONAL BANK OF COMMERCE - PORT LAVACA
**** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LAVACA
**** THE DEPOSITORY FOR CALHOUN COUNTY FROST IS FROST BANK -AUSTIN, TEXAS
THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS PROSPERITY BANK, PORT LAVACA
Court costs and fees collected and reported may not be current and up-to-date due to non-compliance by other county
offices. I hereby certify that the current balances are correct to all monies that have been received by the County
Treasurer as of the date of this report.
RH NDAS. KOKENA
COUNTY TREASURER
Page 3 of 3
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