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2011-06-23 Regular June Term Held June 23, 2011 THE STATE OF TEXAS COUNTY OF CALtA>UN ~ ~ ~ BE IT REMEMBERED; that on-this 23rd day of June, A.D., 2011 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 a.m., a Regular Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 Deputy County Clerk Thereupon the following proceedings were had: Commissioner Galvan gave the Invocation and Commissioner Finster led the Pledge to the US Flag and Commissioner Fritsch led the Pledge to the Texas Flag. RESOLUTION FOR GOLF CART /UTV VEHICLES IN THE UNINCORPORATED AREAS OF CALHOUN COUNTY: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to adopt the Resolution for Golf Cart/UTV Vehicles in the Unincorporated Areas of Calhoun County. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. COUNTY OF CALHOUN S STATE OF TEXAS S RESOLUTION AUTHORIZING USE OF GOLF CARTS AND UTILITY VEmCLES IN UNINCORPORATED AREAS OF CALHOUN COUNTY WHEREAS, residents of Calhoun County requested Commissioners' Court adopt a resolution in support of legislation to allow the use of golf carts and utility vehicles in unincorporated areas of Calhoun County; and WHEREAS, on December 9,2010 Commissioners' Court passed a resolution supporting such legislation; and WHEREAS, the State of Texas passed H.B. 2357 on May 30, 2011 amending the Transportation Code authorizing Calhoun County Commissioners' Court to allow the use of golf carts and UTVs in the unincorporated areas of the county; and WHEREAS, the Governor of Texas signed H.B. 2357 on June 17,2011. NOW THEREFORE BE IT RESOLVED THAT the Commissioners' Court allow the use of golf carts and utility vehicles in unincorporated areas of Calhoun County as described in H.B. 2357. PASSED AND APPROVED this 23'd day ofJune, 2011. fY\Aul ~~ ~ir-- Michael 1. Peifer 0 Calhoun County Judge enneth Finster, Commissioner Precinct No.4 Attest: Anita Fricke, County Clerk By: Wendy CONTRACT FOR COLLECTION OF DELINQUENT COURT FINES AND FEES ASSESSED BY THE JUSTICE COURTS OF CALHOUN COUNTY, TEXAS AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Fritsch to approve the Contract for One Year for the Collection of Delinquent Court Fines and Fees assessed by the Justice Courts of Calhoun County, Texas and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CONTRACT FOR COLLECTION OF DELINQUENT COURT FINES AND FEES ASSESSED BY THE JUSTICE COURTS OF CALHOUN COUNTY, TEXAS STATE OF TEXAS s s s COUNTY OF CALHOUN THIS CONTRACT is made and entered into by and between the COUNTY OF CALHOUN TEXAS, acting herein by and through its governing body, hereinafter styled, "County", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA". I. The County agrees to retain and does hereby retain MVBA to provide legal services related to the enforcement .of the collection of delinquent justice court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031, Texas Code of Criminal Procedure (hereinafter referred to in the agreement as "Fines and Fees"). II. For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to be delinquent as provided for in Article 103.0031, Code of Criminal Procedure. At least once each month on a date or dates agreed upon by the parties, the County will provide MVBA with copies of, or access to, the information and documentation necessary to collect the Fines and Fees that are subject to this contract. The County shall furnish the information to MVBA by electronic transmission or magnetic medium. III. MVBA shall forward to the County all cashier's checks or money orders received by MVBA made payable to the County and any correspondence from defendants. Cashier's checks or money orders received by MVBA which are made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may collect the amount due from the defendant by credit card or electronic draft which funds shall be deposited into the MVBA Trust Account. MVBA shall remit to the County, semi- monthly, all funds deposited into the MVBA Trust Account which pay the entire balance of a fines and fees account, along with an invoice detailing the docket number, name of defendant, amount paid by the defendant to MVBA or directly to the County and the MVBA fee percentage and fees earned for each case. The remittance from MVBA to the County shall include the fees earned by MVBA on the fines and fees collected. The County shall be responsible for the posting to the records of the County the payment of all fines and fees and accounts receivable collected pursuant to this contract. IV. MVBA shall indemnify and hold the County harmless from and against all liabilities losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of MVBA's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of the County, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the County and MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. For the collection of Fines and Fees, the County agrees to pay to MVBA, as compensation for the legal services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, there is no fee due (0%) MVBA on the amount collected by the Court on those cases. 2. For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the Court as provided by Article 1 03 .0031 of the Code of Criminal Procedure on those cases in which the data files are transmitted to MVBA by electronic media. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, the discretionary removal of a collection fee by the Court or pursuant to S45.0491 of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the County. All compensation due to MVBA shall become the property of MVBA at the time of payment of the fines and fees by the defendant. The County shall pay to MVBA said compensation on a monthly basis by check. VI. MVBA reserves the right to return to the County all accounts not collected within one (1) year of referral by the County, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. VII. The initial term of this contract is one year, beginning on the /51 day of NL Y , 2011, and shall automatically renew on the anniversary date and continue in full force and effect thereafter from year to year for additional twelve month periods on the same terms and conditions unless either Contract for the Collection of Fines & Fees and Accounts Receivable - Page 2 of 4 p~rty delivers written "Notice of Termination of Contract" to the other party of its intent to terminate this contract at least thirty (30) days prior to each anniversary date of this contract. In the event that the County terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the "Notice of Termination of Contract" and to payment of its fee, pursuant to Paragraph VII of this contract for all amounts collected on accounts referred to MVBA. The County may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the County by MVBA. ~I VIII. For purposes of sending notice under the term of this contract, all notices from the County shall be sent to MVBA by certified United States mail to the following address: McCreary, Veselka, Bragg & Allen, P.C. Attention: Harvey M. Allen P.O. Box 1310 Round Rock, Texas 78680-1310 or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas 78664-2425. All notices to the County shall be sent by certified United States mail or delivered by hand or courier, to the following address: County of Calhoun Attention: Mike Pfeifer, County Judge 211 South Ann Street, Room 301 Port Lavaca, Texas 77979 IX. This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. X. In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. The County has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. Contract for the Collection of Fines & Fees and Accounts Receivable - Page 3 of 4 WITNESS the signatures of all parties hereto this, the 30 day of.:}1,... t'\l't. COUNTY OF CALHOUN, TEXAS Ifu~~~ County Judge McCREARY, VESELKA, BRAGG & ALLEN, P.c. ~J!J~;'OO~~/ Shelburne J. VeselklJ Attorney at Law t/ Contract for tlte Collection of Fines & Fees and Accounts Receivable - Page 4 of 4 , A.D. 2011. SERVICE AGREEMENT WITH CROWN BILLING, INC. FOR EMS BILLING AND CONSULTING AND AUTHORIZE COUNTY JUDGE TO SIGN AGREEMENT. IN ADDITION, AUTHORIZE HENRY BARBER TO SIGN HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT PRIVACY AGREEMENT (HIPPA) WITH CROWN BILLING, INC.: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve the Service Agreement with Crown Billing, Inc. for EMS Billing, and Consulting and authorize Judge Pfeifer to sign agreement. In addition, authorize Henry Barber to sign Health Insurance Portability and Accountability Act Privacy Agreement (HIPPA) with Crown Billing, Inc. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Crown Billing, Inc EMS Billing and Consulting Service agreement For Calhoun County Crown Billing, Inc (hereinafter referred to as "Crown") and Calhoun County (hereinafter referred to as "Provider") enter into this Service Agreement ("Agreement") effective beginning July 1, 2011 WHEREAS, Crown provides automated billing, collection, and management support services to Providers including electronic billing, collection, accounts receivable, and information management support; and WHEREAS, the Provider performs and administers medical billing services in the State of Texas; and WHEREAS, Provider desires the services of Crown for billing services for all fee-for- service ambulance claims through the submission of electronic and paper medical claims, including necessary follow up appeals. NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Crown ResDonsibilities: 1.1 Crown agrees to assist in the set-up of the fee schedules and related parameter files for submission of claims for processing for Provider. 1.2 Crown agrees to assist in the development of all necessary automation agreements for Provider, for electronic submission through a Clearinghouse(s) or directly to the payer if feasible. 1.3 Crown agrees to assist in establishing the data control, workflow, and communication protocol between Crown's office(s) and the Provider's office(s). 1.4 Crown agrees to provide standard data-entry, billing, tracking, and receivables management for Provider. 1.5 Crown agrees to submit medical forms in a machine-readable form via electronic media to all electronic carriers for Provider. Claims are submitted on HCFA or UB92 paper forms when applicable. Crown will pursue collection on Provider's accounts until an account is paid in full or with the Provider's authorization passed on to collections. Calhoun County CROWN FINAL 070120 II.doc 2011 2 1.6 Crown agrees to prepare and submit agreed upon encounter data to HMO's and all other contract holders in a form acceptable to HMO's and other contract holders, for Provider, in fulfillment of Providers' contractual agreements to those payers. 1.7 Should the Provider require custom reports or forms the Provider shall give Crown a minimum of 15 days notice to prepare requested reports. If Crown cannot provide the reports then the Provider agrees to pay the cost necessary for custom reports beyond what Crown can provide. The cost for reports will be quoted by Zoll Medical. 1.8 Crown agrees to provide weekly management reports, and end of month reports for all Provider's billing and collections activity as requested by provider. Crown also agrees to provide other reports and statements on an as needed basis. 1.10 Crown agrees to assist the Provider in compliance & submit information contained on the Provider's claim forms to the Texas Trauma Registry on all electronic claims. 1.11 Crown agrees to make available to the Provider copies of explanation of benefits via secure email.CD/DVD or FTP download. 1.12 Crown agrees to provide a continuing education class to Provider every year of this contract period. This class may consist of laws and regulations related to reimbursement and EMS documentation training on any new forms required. 2 Provider's Responsibilities: 2.1 Provider agrees to be responsible for establishing the office procedures for accurately collecting all patient information, all insurer information for that patient, and any other. billing information that might be applicable to the patient. 2.2 Provider agrees to submit to Crown in a timely manner all bills for all medical services rendered, copies of all collected revenue (cash receipts, co-pays, and checks), all Explanation of Benefits (EOBs) and all correspondence received from payers and private patients. These documents shall be sent to Crown with each scheduled courier delivery. 2.3 Provider agrees not to hold Crown responsible for claims that are not submitted to Crown in a timely manner including past due claims that Crown agrees to re-bill for Provider. Provider agrees not to hold Crown responsible for timely filing issues when Crown did not receive the explanation of benefits (EOBs). 2.4 Provider agrees to submit payment for Crown's fees no later than 60 days from receipt of Crown's invoice. CalhounCounty CROWN FINAL 070120 Il.doc 2011 3 2.5 Th~ Provider agrees to submit one hundred (100) percent of the provider's future claIms and any past due account as agreed up on for processing. 2.6 Provider will exercise due diligence in adherence to the law and regulations of the state(s) in which the Provider operates and agrees not to hold Crown liable for provider's actions. 2.7 Provider agrees to give (60) sixty-day advance written notice of intent to cancel contract. Should provider decide to use another service without notice of cancellation, Provider agrees to pay Crown a total of $2,500 per month until such notice is given. 2.8 Prior to contract termination Provider agrees to give (60) sixty days notice if the Provider chooses not to renew the contract. 2.9 Provider agrees to allow Crown to sign provider's administrator's signature to box 31 of the CMS 1500. 2.10 Provider agrees to respond to Crown's request for addendums, corrections or supplemental documentation via mail, email or phone call in a timely manner. In the event the Provider does not respond timely, the Provider agrees not to hold Crown responsible for lost revenue on said claims. 2.12 Provider agrees that all claims submitted to Crown have valid documentation, forms, and signatures as required by the respective payer. 2.13 Provider agrees that it is the Provider's responsibility to provide PCS' and all documentation for claim processing and/or appeals. If PAN is required and not provided, Crown will contact the originating facility to determine status. If PAN is not available Crown will designate the bill to the facility's responsibility and send bill to Provider for delivery. 2.14 Provider agrees to submit Prior Authorization Number(s) (PAN's) to Crown via an approved email address or via the Files anywhere web site with a courtesy email to Crown. 3. Fees: The Crown fee schedule for performance of billing and collection services IS as follows: 3.1 Fee-for Service Billing Receivables. See attachment A. For all fee-for-service ambulance billing receivables forwarded to Crown, Crown will charge according to schedule A for total revenue collected against those receivables. CalhounCounty CROWN FINAL 07012011.doc 2011 4 3.1.2 Crown will issue invoice on no later than the fourth business day of the month. 3.2 Collections. Crown shall refer all delinquent accounts in collection status to a Texas licensed collection agency of the Provider's request and with the Provider's prior approval. 3.3 Database Set-Up Fee. Waived 4. Supplemental Services: 4.1 At the election of the Provider, Crown will make available certain supplemental support services at an additional fee that include but are not limited to: a. Fee schedule analysis b. Audit and analysis of aged accounts receivable c. Administrative review and recommendations d. Operations evaluations and recommendations including staff documentation audits. e. Staff training and education programs f. Regulatory compliance a. Provider and Crown would mutually agree upon the fee for the performance of any supplemental support services desired by the Provider and will be payable to Crown Billing, Inc. 4.2 Upon termination of the contract the Provider may agree for Crown to continue processing and collecting on past accounts. The fee for this service shall be nine (9%) percent of receivables. 5. Nondisclosure: 5.1 Crown agrees to keep confidential the materials and information of Provider including patient names, patient records, administrative methods, accounting and financial information, internal memoranda, and any other materials identified by the Provider Consultants as confidential to the extent allowed by law. All paper records of provider shall remain the property of Provider and will be made available upon request of the Provider. 5.2 Crown agrees to maintain and protect Protected Health Information (PHI) in accordance with federal regulations and the express policy the provider (see HIPAA terms and agreement). 5.3 See Crown HIPAA agreement. CalhounCounty CROWN FINAL 0701201l.doc 2011 5 6. General Provisions: 6.1 This Agreement shall remain in full force and effect for (1) year(s) from the beginning date of the Agreement and will automatically renew annually unless canceled by either party by written notice sixty (60) days prior to termination. Crown agrees to give 90 day notice that contract will expire. 6.2 Either party may terminate this Agreement, without clause, with sixty (60) days written notice provided to the other party. 6.3 Notice shall be sent to: Crown Billing Attention CEO PO BOX 34837 San Antonio, TX 78265 6.4 Upon termination of this Agreement Crown may transfer any or all-patient data to Provider in either paper and/or ASCII text file format(s) as per the Provider's request. 6.5 This Agreement shall be interpreted in accordance with the laws of the State of Texas. 6.6 The invalidity and/or unenforceability or a provision(s) shall not void the entirety of this contract. The invalid and/or unenforceable provision shall be rendered deleted and the contract notwithstanding the above mentioned provision shall stand as valid. IN WITNESS WHEREOF, Provider has executed this Agreement, and Crown has caused this Agreement to be executed in duplicate originals by its duly authorized officer, as of this day and year first above written. For Calhoun County: Provider's signature: ~ ~~, Printed Name: Michael J. Pfeifer Title: Calhoun County Judge Date: June 23, 2011 CalhounCounty CROWN FINAL 07012011.doc 2011 Calhoun County HEALTH INSURANCE PORT ABILITY AND ACCOUNTABILITY ACT PRIVACY AGREEMENT WITH Crown Billing, Inc. 1. Crown Billing, Inc shall carry out its obligations under this Agreement in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, Sections 261, et seq., as amended ("HIP AA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed or learned as a result of the Billing Services provided hereunder. In conformity therewith, Crown Billing, Inc. agrees that it will: a. Not use or further disclose PHI except as permitted under this Agreement or required by law: b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Agreement; c. To mitigate, to the extent practicable, any harmful effect that is known to Crown Billing, Inc. of a use or disclosure of PHI by Crown Billing, Inc. in violation of the Agreement. d. Report to Calhoun County any use or disclosure of PHI not provided for by this Agreement of which Crown Billing, Inc. becomes aware; e. Ensure that any agents or subcontractors to whom Crown Billing, Inc. provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to Crown Billing, Inc. with respect to such PHI; f. Make PHI available to Calhoun County and to the individual who has a right of access as required under HIP AA within 30 days of the request by Calhoun County on the individual; g. Incorporate any amendments to PHI when notified to do so by Calhoun County; h. Provide an accounting of all uses or disclosures of PHI made by Crown Billing, Inc. as required under the HIP AA privacy rule within 60 days; 1. Make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Crown Billing, Inc. and Calhoun County compliance with HIP AA; and J. At the termination of this Agreement, return or destroy all PHI received from, or created or received by Crown Billing, Inc. on behalf of Calhoun County and if return is infeasible, the protections of this agreement will extend to such PHI. 2. The specific uses and disclosures of PHI that may be made by Crown Billing, Inc. on behalf of Calhoun County include: k. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by Calhoun County to its patients; 1. Preparation of reminder notices and documents pertaining to collections of overdue accounts; m. The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by the Calhoun County to its patients or to appeal denials of payment for same. n. Uses required for the proper management of the Crown Billing, Inc. as a business associate. o. Other uses or disclosures of PHI as permitted by HIPAA privacy rule. 2. Notwithstanding any other provisions of the Agreement, this Agreement may be terminated by Calhoun County, in its sole discretion, if Calhoun County determines that Crown Billing, Inc. has violated a term or provision of this Agreement pertaining to Calhoun County's obligations under the HIP AA privacy rule, or if Crown Billing, Inc. engages in conduct which would, if committed by Calhoun County would result in a violation of the HIPAA privacy rule by Calhoun County. ~~e~(~t'~ '6 ENS ~ Company: Calhoun County 6 Authorized Signature: For Crown Billing, Inc. Andey D. Gray President/C.E.O. Crown Billing, Ine Date: &(C;;3//( . CalhounCounty CROWN FINAL 070120 ll.doc 2011 7 Schedule 'A" 1. Crown will charge the provider nine percent (9%) for all electronic receivables. II. Crown will provide 4 RescueNet Tablet PCR licenses and 7 RescueNet Web-PCR licenses and software maintenance at no additional cost. CalhounCounty CROWN FINAL 0701201l.doc 2011 REQUEST BY CALHOUN COUNTY DISTRICT ATTORNEY FOR BUDGET ADJUSTMENT TO FORFEITURE FUND IN THE AMOUNT OF $6,500.00: A Motion was made by Commissioner Galvan and seconded by Commissioner Finster to approve the request by Calhoun County District Attorney for Budget Adjustment to Forfeiture Fund in the amount of $6,500.00. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ~ ~ ALICIA FLORES Victim Assistance Coordinator Criminal District Attorney Calhoun County, Texas & DAN W. HEARD Criminal District Attorney 41 .~ , ~ .:. ~ Half Moon Reef Lighthouse RANDY R. CRIDER Investigator SHANNON E. SALYER Assistant Criminal District Attorney DAIN WHITWORTH Assistant Criminal District Attorney June 13,2011 JAMES D. HENDERSON Assistant Criminal District Attorney Calhoun County Judge Attn: Susan Riley Re: Putting amendment to DA Forfeiture budget on next agenda Susan: The DA Forfeited Property Fund budget needs to be amended to increase account #63920 for 2011. The amendment is needed because more forfeiture funds have had to be used in 2011 to supplement DA office salaries than anticipated at budget time. When the 2011 budget was prepared the amount budgeted for supplementing DA salaries was left unchanged from the prior year. Last January or February 2011 the Court again approved my supplementing DA office salaries from the District Attorney Forfeiture Fund, but I did not know at that time that I would need to rely on the forfeiture fund for funding in excess of the 20 I 0 amount. Accordingly, I ask that a budget amendment be granted to increase the 2011 budget account #63920 to the amount of $14,046.00 ($7,546.00 current budget amount plus $6,500.00 additional). Additionally, accounts no. 60020 (additional expenses for temporary prosecutor) should be changed to $1.00 since since there is no need to fund this in 2011. Also, account no. 72100 was carried forward from a prior year when the forfeiture fund was used to buy furniture upon moving back into the courthouse; this account should be changed to $l.OO since there is not a need to fund this in 2011.Please advise if there are any questions. Cc: Cindy Mueller, Calhoun County Auditor P.O. Box 1001 · 211 South Ann Street . Port Lavaca, Texas 77979 . (361) 553-4422 · Fax (361) 553-4421 GUIDELINES AND CRITERIA OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENT AS A BUSINESS INCENTIVE IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY. (FOR THE PERIOD JUNE 25, 2011 THROUGH JUNE 24, 2013): A Motion was made by Commissioner Lyssy and seconded by Commissioner Fritsch to approve the Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Tax Abatement as a Business Incentive in Reinvestment Zones Created in Calhoun County (for the period June 25, 2011 through June 24, 2013). Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. GUIDELINES AND CRITERIA OF THE COMMISSIONERS' COURT OF CALHOUN COUNTY FOR GRANTING TAX ABATEMENTAS A BUSINESS INCENTIVE IN REINVESTMENT ZONES CREATED IN CALHOUN COUNTY (For the period June 25, 2011 through June 24, 2013 PREAMBLE WHEREAS, the Commissioners' Court of Calhoun County by resolution adopted on March, 18, 1988 declared its eligibility to grant tax abatement; and WHEREAS, by subsequent resolutions the Commissioners' Court of Calhoun County adopted and extended Guidelines and Criteria for granting tax abatement in reinvestment zones created in Calhoun County; and WHEREAS, as a direct result of being eligible to grant tax abatement, Calhoun County, the Calhoun County Independent School District, Calhoun County Navigation District and other taxing jurisdictions in the county have been able to compete for and obtain expansion projects of the Union Carbide Corporation Seadrift Plant, with projects exceeding one hundred million dollars, and the Formosa Plastics Corporation, Texas facilities of approximately 1.3 billion dollars; and WHEREAS, pursuant to the PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT, TEX. TAX CODE ANN. Chapter 312, it is necessary to adopt Guidelines and Criteria for granting tax abatement agreements as a business incentive for the next two year period commencing June 25, 2011 through June 24, 2013, inclusive, said Guidelines and Criteria to be unchanged for the two year period, unless amended by three-quarters vote; and NOW, THEREFORE, BE IT RESOLVED that the Commissioners' Court of Calhoun County does hereby adopt the following Guidelines and Criteria for granting tax abatement as a business incentive in reinvestment zones created within Calhoun County, Texas for the period June 25,2011 through June 24, 2013, inclusive. 1 Section 1 DEFINITIONS (a) "ABATEMENT" means the exemption from ad valorem taxation of a portion or all of the eligible value of the real property or of tangible personal property located on the real property, or both, as limited by these Guidelines and Criteria and the provisions of TEX. TAX CODE ANN. ~312.204. (b) "AGREEMENT" means a written contractual agreement between a property owner and/or lessee and an eligible taxing jurisdiction for the purposes of a business incentive. (c) "AQUACULTURE FACILITY" means buildings, structures and major earth structure improvements, including fixed machinery and equipment, the primary purpose of which is the hatching or incubation or nursing or maturing or processing to marketable size aquatic culture in commercially marketable quantities. (d) "APPLICANT" means the legal entity seeking tax abatement as a business incentive. (e) "APPRAISED VALUE" means the last certified property value as approved by the Calhoun County Appraisal Review Board. (f) "BASE YEAR VALUE" means the appraised value of all property owned by the Taxpayer/applicant in the reinvestment zone as most recently determined by the Calhoun County Appraisal District immediately preceding the application, plus the agreed upon value of all property improvements made in the reinvestment zone since the last appraisal, but before the execution of the agreement. (g) "BUSINESS INCENTIVE" means an item offered of value to a business that induces the business to locate in a particular jurisdiction. (h) "COMMENCEMENT OF CONSTRUCTION" means the placement or construction of any improvements that are part of the project in the reinvestment zone. The storage of building materials in the reinvestment zone that are to be used in construction of the improvements does not constitute commencement of construction. Engineering, site preparation and similar activity shall not be considered commencement of construction so long as permanent improvements that are part of the project have not been constructed and placed in the reinvestment zone. 2 (i) "COMMISSIONERS" or "COMMISSIONERS' COURT" means the Commissioners' Court and governing body of Calhoun County, Texas. G) "COUNTY" means Calhoun County, Texas, a political subdivision of the State of Texas. (k) "DEFERRED MAINTENANCE" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. (1) "DESIGNATING AUTHORITY" means the taxing unit that has the authority to designate the reinvestment zone in which the proposed project is located. (m) "DESIGNEE" unless otherwise indicated, means any person or entity authorized by the Commissioners' Court to act on behalf of the County. (n) "ECONOMIC LIFE" means the number of years a property improvement is expected to be in service in a facility, and will continue to have value for ad valorem tax purposes throughout such term (0) "ELIGIBLE JURISDICTION" includes Calhoun County and any navigation district, any drainage district, and municipal utility district, any water quality improvement district, any municipality, and the Calhoun County Independent School District, that levies ad valorem taxes upon property located within the proposed or existing reinvestment zone. (P) "EXPANSION" means the addition of building, structures, fixed machinery or equipment for purposes of increasing production capacity. (q) "FACILITY" means property improvements proposed, completed, or III the process of construction which together comprise an integral whole. (r) "INFRASTRUCTURE" means a system of public works installed in a residential subdivision, whether public or private, to include, but not be limited to, roadways, utility service including water, sewer and electrical service, and bulk heading. (s) "MANUFACTURING FACILITY" means building and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (t) "MATERIAL MISREPRESENTATION" means a false statement about a 3 material matter which induced the Commissioners' Court to take any specific action on an application for tax abatement as a business incentive, and without such misrepresentation, the Commissioners' Court would either not have designated a reinvestment zone, or granted tax abatement as a business incentive or would have taken some action different than it actually did. (u) "MODERNIZATION" means the replacement or upgrading of existing facilities which increases the productivity input or output, updates the technology, or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing or repairing. (v) "NEW FACILITY" means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. (w) "OTHER BASIC INDUSTRY',' means buildings and structures including fixed machinery and equipment not elsewhere described, used, or to be used for the production or products, and result in the creation of new permanent jobs within Calhoun County and inject new wealth into Calhoun County. (x) "PROJECT" is a reference to the entire proposal of work and improvements to be accomplished in the reinvestment zone as described in the application and tax abatement as a business incentive agreement. (y) "REGIONAL DISTRIBUTION CENTER FACILITY" means building and structures, including machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator. (z) "REGIONAL ENTERTAINMENT" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission or the general public. (aa) "REGIONAL SERVICE FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods. (bb) "REINVESTMENT ZONE-COUNTY DESIGNATED" means any area of Calhoun County which has been designated a reinvestment zone for tax abatement as a business incentive and which is not within the taxing jurisdiction of any incorporated municipality. It is the province of the Calhoun County Commissioners' Court to 4 designate Reinvestment Zones - County Designated on a case-by-case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within Calhoun County. (cc) "REINVESTMENT ZONE - MUNICIPALITY DESIGNATED" means an area of Calhoun County which lies within the taxing jurisdiction of a municipality and has been designated a reinvestment zone by that municipality for tax abatement as a business incentive. It is the province of the City Council of any eligible municipality to designate Reinvestment Zones Municipality Designated on a case-by-case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the City. (dd) "RENOV A TION" is a repair or improvement of an existing facility or structure. (ee) "REPAIR" means any improvement or betterment of an existing facility or structure. (ft) "REPLACEMENT" means the substitution of something new or different for an existing facility or structure, or portion thereof, when the replacement facility or structure is to be used for the same general purpose as the old facility or structure that is being replaced. (gg) "RESEARCH FACILITY" means buildings and structures, including fixed machinery and equipment, used or to be used primarily for research or experimentation to improve or develop or develop the production processes thereto. (hh) "SCHOOL DISTRICT" or "DISTRICT", unless otherwise indicated, means the Calhoun County Independent School District. (ii) "SUBSTANTIAL COMPLIANCE" means that any estimate or prediction that comes within eighty-five percent of a stated amount shall be construed as compliance, but only when estimates are expressly authorized. Unless expressly authorized, strict compliance with a statement or representation shall be required. Uj) "T AXP A YER" means the legal entity that seeks, or who has been approved for tax abatement as a business incentive. It also is a reference to the owner of the property constituting the reinvestment zone and the improvements and tangible personal property to be located therein. 5 Section 2 ELIGIBILITY CRITERIA GENERALLY (a) General Elie:ibility Subject to the limitations and exceptions contained in these Guidelines and Criteria, TEX. TAX CODE ANN. ~3l2.204 shall govern to what extent real property and tangible personal property located in a reinvestment zone are eligible for tax abatement as a business incentives. (b) Commencement of Construction. If the reinvestment zone is designated by a municipality, the applicant shall not commence construction until after it and the municipality have both executed an agreement on similar terms for the same project then under consideration by the County. Any property otherwise eligible for abatement that is placed or constructed in the reinvestment zone before the agreement is executed with the municipality shall not be eligible for tax abatement as a business incentive. However, any eligible improvements made or property placed in the reinvestment zone after executing the agreement with the municipality shall be eligible for abatement with the County, even though such improvements or property are placed in the reinvestment zone prior to filing the application or executing the agreement with the County, provided that a municipality is the designating authority. If the reinvestment zone is County designated, applicant shall not commence construction until the County executes the agreement. (c) Property Value Elie:ible for Abatement Subject to the limitations and other eligibility requirements contained in these guidelines, the County may abate the value of tangible personal property located on the real property in the. reinvestment zone in each year covered by the agreement, other than tangible personal property that was located on the real property at any time before the period covered by the agreement. The value of real property to the extent its value for each year during the agreement exceeds its value for the year in which the agreement was executed is eligible for abatement. (d) New and Existin2 Facilities A business incentive may be granted for both eligible new facilities and structures, as well as for expansion or modernization of existing facilities and structures. (e) Elie:ible Property to be Described The application for tax abatement as a business incentive or any other business incentive and any agreement must describe the project and improvements with such detail and certainty as required by the County in 6 order to identify the property that is declared to be eligible for business incentives. Any property, even though otherwise eligible for business incentives, that is not sufficiently described in the application, as determined by the Commissioners' Court, or their designee, shall not be eligible for business incentives under such agreement. (f) Exclusions. (1) This policy is mutually exclusive of existing Industrial District Contracts. The real property cannot be in an improvement project financed by tax increment bonds. (2) Any business incentive agreement granted is subject to the rights of holders of outstanding bonds of the County. (3) When any project that otherwise satisfies the eligibility criteria for tax abatement as a business incentive is for the purpose of repairing, replacing, modernizing, or upgrading an existing facility, if, prior the commencement of the project, or upon completion of the project the value of the existing facility is reduced or deleted from the tax rolls, then, in such event, the applicant shall only be eligible for tax abatement as a business incentives to the extent of the difference in the last appraised value of the property value that is being dropped or reduced from the tax rolls and the project cost. Section 3 ELIGIBILITY CRITERIA AND TERMS FOR FACILITIES/INDUSTRY (a) Elie:ible Facilities. A facility may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (1) Manufacturing Facility; or (2) Research Facility; or (3) Aquaculture Facility; or (4) Regional Distribution Center Facility; or (5) Regional Service Facility; or (6) Regional Entertainment Facility; and, (7) Other Basic Industry. (b) Economic Qualifications In addition to satisfying the other eligibility criteria, in order to be eligible for business incentives, the new facility or structure, or the expanded 7 or modernized existing facility or structure must meet the following qualifications: (1) The project must cost at least Five Million Dollars ($5,000,000.00); and (2) Be expected to retain or create employment for at least 10 persons of the eligible facility on a full time and permanent basis in Calhoun County; and (3) Not be expected to solely or primarily have the effect of transferring employment from one part of Calhoun County to another; and (4) Be expected to attract major investment in the reinvestment zone that would be a benefit to the property to be included in the zone; and (5) That development anticipated to occur in the proposed reinvestment zone would contribute to the economic development of the County. (6) The County reserves the right to grant abatements up to the state maximum of 100% for 10 years. (c) Term of Abatement. The term of tax abatement as a business incentive granted by the County shall be six (6) years, and shall be applied commencing January 1 following the effective date of the agreement. (d) Effective Date. (1) If the County is the designating authority, the effective date of the agreement shall be the date that the County executes the agreement. (2) If a municipality is the designating authority, the effective date of any agreement that the County approves shall be same date as that of the agreement entered into for the same project by the municipality. (3) Abatement applies to all eligible improvements placed III the reinvestment zone after the designating authority and Taxpayer execute their agreement. Taxes will be abated on eligible property for the number of years approved by the County, commencing January 1 immediately following the effective date of the agreement. Property otherwise eligible for abatement under the agreement shall be eligible for abatement only if the property is placed or constructed in the reinvestment zone after the effective date of the agreement, but on or before December 31 immediately preceding the 8 beginning of the last full tax year that taxes are to be abated. ( e) Percent of Tax Abatement as a Business Incentive. The percent of tax abatement as a business incentive of eligible property value to be granted each year shall be as follows: Taxable Investment (Millions) Up to 5.00 5.00 to 9.99 10.00 to 14.99 15.00 to 19.99 20.00 or more Year 1 2 3 5 6 4 90 50 90 75 90 90 90 90 25 50 75 85 25 50 75 25 50 25 (f) Taxability. From the execution of the agreement to the end of the agreement period taxes shall be payable as follows: (1) the value of ineligible property as provided in Section 2 shall be fully taxable. (2) the base year value of existing eligible property as determined each year shall be fully taxable; and (3) the unabated value of eligible property shall be taxable (g) Limitations. If, during the term of the business incentive period the taxpayer should close, cease production, or demolish any or all of a facility that was in existence on the effective date of the business incentives agreement, or take any other similar action that would have the effect of reducing or deleting the value of the facility, or portion thereof from the tax rolls that was in existence on the effective date of the business incentives agreement regardless of the reason, then the eligible value for abatement allowed in the business incentives agreement shall be reduced by the amount of existing property value owned by the taxpayer that is reduced or deleted from the tax roll. Depreciation, agreed to by the Chief Appraiser, or Appraisal Review Board, shall not be construed as a reduction or deletion of value for purposes of this limitation. 9 Section 4 ELIGIBILITY CRITERIA AND TERMS FOR REAL ESTATE DEVELOPMENT (a) Elie:ible Develonment. A development may become eligible for abatement if it is located in a designated Reinvestment Zone, and is a: (1) New single family residential housing project; (2) Multi-family housing project; and/or, (3) Apartment project. (b) Duration of Abatement as a Business Incentive. Any Agreement under this section shall not exceed three (3) years. (c) Economic Qualification. To be eligible to receive tax abatement as a business incentive, the developer must expend a minimum of two million dollars ($2,000,000.00) in infrastructure costs for the development. (d) Taxabilitv. From the initial application to the end of the abatement period, taxes shall be paid as follows: (1) All ineligible property shall be fully taxable during the term of the abatement. (2) Any property within the reinvestment zone that is sold, transferred, conveyed, occupied or otherwise no longer part of the developer's inventory shall be taxed at the appraised value determined by the Calhoun County Appraisal District beginning January 1 of the year following the sale, transfer, conveyance, or occupation. (3) At the end of the abatement period, all property subj ect to the Agreement shall be subject to full taxation. APPLICATION (a) Filine:. Any property owner of taxable property in Calhoun County located in a designated or proposed reinvestment zone may request tax abatement as a business incentive by filing a written application with the Commissioners' Court, or their designee. When appropriate, the application may combine a request for designation of a reinvestment zone with an application for tax abatement as a business incentive. (b) Contents. The application shall include all information contemplated by these Guidelines and Criteria in order for the Commissioners' Court to evaluate the applicant's 10 eligibility and to determine whether to grant any business incentives. The application shall be submitted on a form provided by the County, or alternatively, if unavailable, the contents of the application shall be in order of this subsection and respond to each element of this subsection, and shall contain such other information as required by the County, or it representative. Specifically, the application shall include the following: (1) A list of the kind, number and location of all proposed improvements of the property, including a general written description of the general nature and extent of modernization, expansion or new improvements to be undertaken. (2) A statement of the current and proposed uses of the property showing that planned usage is consistent with the general purpose of encouraging development or redevelopment of the reinvestment zone during the period that the property tax exemptions are in effect. (3) A map showing locations of existing and proposed improvements. The map should also show general uses and conditions of the real property in the reinvestment zone. (4) A legal description of the property. (5) An estimate of the project cost and new value that will result from the modernization, expansion or new improvements to be undertaken. A statement of the base year value separately stated for land and existing improvements located in the reinvestment zone, plus any improvements or changes in value in the reinvestment zone after the last appraisal and prior to the application. In any case where the value of an existing facility will be deleted or diminished as a result of the project, the application must contain verification from the Chief Appraiser of the last appraised value of any portion or all of a facility whose value will be reduced or removed from the tax rolls. (6) An estimate of the number of jobs that will be created or retained by the modernization, expansion or new improvements. (7) Estimated date of start of construction, length of construction, estimated value of new improvements to be completed during each year of construction and estimated date of completion. (8) An estimate of what the property value subject to abatement will be on 11 January 1 immediately following the end of the abatement period. (9) In the case of applicants unknown to the Commissioners' Court, a financial statement of the individual or corporation filing the application, complete with letters of credit and other documents which the County may request in order that the Commissioners' Court can appropriately evaluate the financial capacity and other factors of the applicant. (10) The Taxpayer shall make the following assurances in the application: (a) That all the information contained in the application is true and correct. (b) That the person signing the application on behalf of the Taxpayer/Applicant has unrestricted authority to execute the application and the contract documents on behalf of the Taxpayer/Applicant, and has the unrestricted authority to obligate the Taxpayer/Applicant to all the terms, covenants and conditions that will be contained in the agreement. (c) That construction will not commence on any of the eligible improvements until an agreement has been executed with the designating authority, whether the designating authority is the County, or a municipality. (d) That the project will not be constructed without first obtaining all necessary local, state and federal environmental and construction permits, and that the Taxpayer will abide by all conditions of the permits, laws and ordinances, rules and regulations governing the operation of the project throughout its economic life. ( e) That the Taxpayer/applicant will abide by all conditions of the agreement and the Guidelines and Criteria adopted by the Commissioners' Court applicable to the agreement. (f) That the planned use of the property will not constitute a hazard to public health or safety throughout the economic life of the project. (g) That the applicant will make the specific improvements to the property as described in its application. (h) That although estimates of the cost of the project and the number of jobs retained or created as a result of the project that are within 85 % of actual 12 cast and/or number of jobs may be construed to be substantial compliance, the actual total cost of the project and actual number of jobs retained or created shall not be less than the minimum amounts required in the County's Guidelines required to qualify for tax abatement as a business incentive. (11) The applicant will identify the type of legal entity making the application, such as corporation, partnership, etc. If a corporation, the statement should include the home state of incorporation, the name and address of the registered agent for service in Texas, and a commitment to notify the County within sixty days of any change of the registered agent or status of the corporation. Similar information will be required of a general or limited Partnership or other legal entity. (12) The application shall contain the name, title and address of the Taxpayer's local and corporate representatives for the purposes of giving notice. (13) In its application, the applicant shall include a statement that it waives all rights of confidentiality with regard to the contents of its application for tax abatement as a business incentive otherwise granted under TEX. TAX CODE ANN. S312 .003. (14) The applicant shall agree to reimburse the County for all legal fees and any other expenses that the County incurs in establishing eligibility for granting business incentives and for reviewing, processing and acting on its application. Further, applicant shall agree to pay for the costs of an economic impact assessment, if the County requires one in connection with its application for business incentives. In the event the County determines an economic impact assessment is required, the Taxpayer shall be given notice and the opportunity to withdraw its application prior to commencement of the economic impact assessment, if applicant is unwilling to pay the total cost of the economic impact assessment. In its application, the Taxpayer shall agree to pay for all fees and expenses incurred by the County in establishing eligibility to grant business incentives and processing the application, even though the Commissioners' Court ultimately denies the application. (15) Any other information that the Commissioners' Court or Applicant may deem appropriate to assist the Commissioners' Court in determining whether to enter into a business incentives agreement with the Applicant. 13 (16) If a varIance from any prOViSIOn in these Guidelines and Criteria is requested, a statement describing the variance, and a detailed statement supporting the Applicant's reasons for the requested variance must be included. (c) Completed Application. Upon receipt of a completed application, the Commissioners' Court shall mail written notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is included in the application. Such notice shall be mailed at least seven (7) days before the Commissioners' Court takes any action on the application. The notice shall include a copy of the proposed agreement, if the County is the designating authority. There shall be a $1,000 nonrefundable fee payable the County at the time the application is submitted. (d) Economic impact assessment. After receipt of an application for business incentives, the Commissioners' Court may cause to have prepared an economic impact assessment setting forth the impact of the proposed agreement. The study shall include, but not necessarily be limited to, an assessment of the economic effects of the abatement of taxes. The County shall give at least ten (10) days written notice to the Applicant of its intent to conduct an economic impact assessment, which notice shall include a description of the scope of the study. If the Applicant is unwilling to pay for the economic impact assessment, it may give notice to the County within seven (7) calendar days from the date it received notice of the proposed economic impact assessment that the Applicant is withdrawing its application. The economic impact assessment may include any other issue that the Commissioners' Court determines to be appropriate in considering the application, including, without limitation by enumeration, environmental issues, short term/long term effect on issues of adequacy of existing physical plants, need to increase number of employees in the County, and the impact on the County of any resulting increased costs as a result of the project and the County's ability to pay such costs during the abatement period. DESIGNATION OF REINVESTMENT ZONE Section 5 (a) Authority to Desi2nate Reinvestment Zones. Reinvestment zones may be designated by either the Commissioners' Court for property located outside the 14 jurisdiction of any municipality in the County, or by a municipality, if the property is located within the jurisdiction of such municipality. (b) Application for County Desi2nated Reinvestment Zone. An application to the County for designation of a Reinvestment Zone may be combined with the application for business incentives. The application must include information to support the required findings in subsection (c), inclusive of this section. It must also include a map showing the boundaries of the proposed reinvestment zone and a legal description of the proposed reinvestment zone. Any information contained in the application for business incentives that answers the requirements for designation of a reinvestment zone does not need to be duplicated, if the application for designation of a reinvestment zone and business incentives are combined in one application. ( c) Desi2nation. The Commissioners' Court may not designate an area as a reinvestment zone until: (1) The Commissioners' Court has held a public hearing on the designation at which time interested persons shall be entitled to speak and present evidence for or against the designation; and (2) The Commissioners' Court must make the following findings in order to designate an area as a reinvestment zone: (a) The designation would contribute to the retention or expansion of primary employment; or, (b) The designation would attract major investment in the zone that would be a benefit to the property to be included in the zone; and, ( c) The designation would contribute to the economic development of the county. (d) Notice of Hearin2. Notice of the hearing shall be clearly identified on the Commissioners' Court agenda. In addition, notice shall issue as follows: (1) Notice of the hearing must be published in a newspaper of general circulation in the County not later than the 7th day before the date of the hearing; and (2) Written notice of the hearing shall be delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real 15 property that is included in the proposed reinvestment zone. Such notice shall be delivered at least 7 days before the hearing. Pursuant to Tex Tax Code Ann. S312.201(e) this notice shall be presumed delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. ( e) Municipality Desi2nated Reinvestment Zones. If the reinvestment zone is designated by a municipality, to be eligible for tax abatement as a business incentive with the County, the property must be located in a reinvestment zone and the municipality must have entered into an agreement for the same project with the applicant no more than ninety days before the County enters into an agreement with the same applicant for the same proj ect. (f) Date of Expiration. The designation of a reinvestment zone shall expire five (5) years after the date of designation. However, the designation of a reinvestment zone that has expired may be renewed by the County or municipality for periods not to exceed five (5) years. The expiration of the designation of a reinvestment zone shall not affect existing agreements made under these Guidelines and Criteria. Section 6 AGREEMENTS (a) Resolution of Commissioners' Court. After approval, the Commissioners' Court shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required, which shall include those matters contained in Texas Tax Code S312.205 and any other terms and conditions in the best interests of the County. (b) Notice to Other Taxin2 Jurisdictions. If the County is the designating authority, it shall deliver written notice to the presiding officer of the governing body of each other taxing unit in which the property that is the subject of the agreement is located that the County intends to enter into an agreement. The notice must be delivered at least 7 days before the County enters into the agreement. The notice must also include a copy of the proposed agreement. The notice shall be presumed to be delivered when placed in the mail postage paid and properly addressed to the appropriate presiding officer. 16 ( c) Execution/Effective Date. After giving the notices required above, and after making the necessary findings, the County may, in its discretion, approve and execute the agreement. The effective date of the agreement shall be the date that the County's designated representative or official executes the agreement if the County is the designating authority. If a municipality is the designating authority, the effective date of the agreement shall be the date that the City's designated representative or official executes the agreement. Section 7 RECAPTURE (a) Conditions of Default. Cure and Termination. Should the Commissioners' Court determine that the Taxpayer is in default according to the terms and conditions of its agreement, the Commissioners' Court shall notify the Taxpayer in writing at the address stated in the agreement, and if such default is not cured within sixty (60) days from the date of such notice ("Cure Period"), then the agreement may be terminated by the Commissioners' Court. Provided, that upon proof of a curative effort commencing within sixty (60) days, if construction is required, the Commissioners' Court may extend the time to complete the curative work, based upon reasonable construction requirements. (b) Elements of Default. The following shall be considered elements of default, in the event that the Taxpayer: (1) Allows its ad valorem taxes owed to Calhoun County to become delinquent without timely and proper protest and/or contest; or (2) Violates any of the terms and conditions of the abatement agreement, or any prior or subsequent agreement with the County, or any other taxing jurisdiction that has granted an agreement to the Taxpayer for any project that the Commissioners' Court has also granted business incentives; or (3) Discontinues producing product or service at the improvements subject to abatement and described in the application, for any reason excepting fire, explosion or other casualty or accident or natural disaster for a period of one year during the abatement period after the facility is completed and begins 17 producing product or service. (4) Violates any written term, covenant, condition, agreement, or promise of a gift or donation made by the taxpayer to the County, although such may be extraneous to the agreement, and even though same might be otherwise legally unenforceable; or (5) Makes any material misrepresentations, either in the application or agreement. (c) Termination. If, after written notice, the Taxpayer fails to cure within the prescribed period any specified default, such failure shall be grounds for termination for cause. Termination of the agreement for cause shall be retroactive to the beginning of the agreement. Termination shall be effected by resolution of the Commissioners' Court and written notice mailed to the Taxpayer. . (d) Non Waiver. In the event the County fails to act on or enforce any element or breach that is identified as a default, such failure to act shall not be a waiver of the County's right to subsequently enforce the same default or any other prior or subsequent default. (e) Recapture. On termination for cause, the Taxpayer shall then become liable for the payment of all taxes that would have otherwise become due but for the abatement agreement for all calendar years during which the abatement agreement was in effect. Said taxes shall be paid to the Calhoun County Consolidated Tax Office for the credit of Calhoun County within sixty (60) days from the date of receipt of notice of termination. All such taxes due shall include statutory penalty and interest from the date they would otherwise have become delinquent but for the agreement, until the date they are actually paid. Section 8 ADMINISTRATION (a) Duties of Chief Appraiser. The Chief Appraiser of the County shall, as a normal consequence of his duties, annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, on or before April 1, the Taxpayer 18 receiving abatement shall furnish the Chief Appraiser with such information as may be reasonably requested. Once value has been established, the Chief Appraiser shall notify the affected taxing jurisdictions, which have granted tax abatement as a business. incentive in the reinvestment zone, of the amount of the appraisal. (b) Compliance Inspections. All compliance inspections will be made only after giving twenty-four (24) hours notice and will only be conducted in such manner as not to unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. (c) Annual Evaluations Upon completion of construction, the Commissioners' Court of Calhoun County, or their designees, shall annually evaluate each facility receiving abatement to ensure compliance with the agreement. (d) Notice Requirements. Any notice required to be given to Calhoun County hereunder shall be in writing, and mailed or personally delivered to the County Judge. Notices to the Taxpayer shall be in writing, and addressed to its designated representative at the address provided in its application or the agreement. Section 9 MISCELLANEOUS (a) Variance. An application for a variance from the provisions of these Guidelines and Criteria may be made in written form to the Commissioners' Court. The total duration of abatement shall in no instance exceed ten (10) consecutive tax years commencing January 1 following the effective date of the agreement, including any extension. Such request shall include a complete description of the circumstances explaining why the applicant should be granted such variance. Approval of a request for variance requires at least a three-fourths (3/4) vote ofthe Commissioners' Court. (b) Assh~nments. An abatement agreement may be transferred and assigned by the holder to a new owner or lessee of the same facility, subject to obtaining written approval by resolution of the Commissioners' Court. Approval shall be conditioned upon the assignee providing whatever proof the Commissioners' Court may require to show the 19 assignee's financial capability to carry out all the terms and conditions of the agreement. The County reserves the right to require such additional information as it may deem appropriate to determine not only the assignee's financial capability to carry out the terms and conditions of the agreement, but also its experience and historical record to determine that it is in fact capable of operating the project subject to the abatement in such a manner that it can reasonably be expected to strictly comply with every term, covenant, condition and assurance contained in the agreement Further, the assignee shall agree in writing by amendment to the original agreement that it shall be bound by all the terms, covenants and conditions contained in the original agreement. No assignment or transfer shall be approved if the parties to the existing agreement, the new owner or new lessee are liable to Calhoun County or any other taxing unit affected by the agreement for delinquent taxes, or otherwise in default of any of the terms, covenants or conditions contained in the agreement. Subject to the foregoing conditions, the Commissioners' Court shall not umeasonably withhold approval of any proposed assignment. Any approval of assignment of the agreement shall not release any previous Taxpayer who has been a party to the agreement from its obligations under the agreement. (c) Application for Exemption. It shall be the responsibility of the Taxpayer to perfect any right of exemption as a result of any agreements entered into with the County. For each year in which abatement has been authorized by the County under the agreement, it shall be the responsibility of the Taxpayer to file its annual application with the Calhoun County Appraisal District for property exemption in accordance with the Texas Tax Code and related administrative regulations. (d) Effective Date. These Guidelines and Criteria shall be effective for two (2) years, from June 25,2011 through June 24, 2013, inclusive. (e) Sunset Provision. At the end of the two year effective period of these Guidelines and Criteria, all agreements created pursuant to these provisions will be reviewed by the Calhoun County Commissioners' Court to determine whether the goals have been achieved. Based upon that review, the Guidelines and Criteria may be modified, renewed or eliminated. In the event that these Guidelines and Criteria are not modified or 20 renewed, they shall automatically terminate effective June 24,2013. (f) Effect of Modification or Termination. The modification or termination of these Guidelines and Criteria shall have no effect upon existing agreements entered into while these Guidelines and Criteria are in effect. (g) Subtitles. The use of subtitles in these Guidelines and Criteria is strictly for convenience, and shall have no legal significance whatsoever. The use of the singular shall include the plural and the use of plural shall include the singular when appropriate. The use of any reference to gender shall include any and all other genders when appropriate. (h) Severability. In the event any paragraph, clause, phrase or other provision of these Guidelines and Criteria should be declared to be unconstitutional, void or otherwise unenforceable the remaining provisions shall remain in full force and effect as if the unconstitutional, void or otherwise unenforceable provisions had not been included. Section 10 ADOPTION Upon motion by Commissioner Lyssy, seconded by Commissioner Fritsch, the foregoing resolution to amend these Guidelines and Criteria of the Commissioners' Court of Calhoun County for Granting Business incentives in Reinvestment Zones Created in Calhoun County was approved by a vote of ~ for and Q against. PASSED, ADOPTED AND APPROVED on this 23th day of June, 2011. COMMISSIONERS' COURT OF CALHOUN COUNTY, TEXAS ATTEST: Anita Fricke, County Clerk By: ~;~ i nXxXJt~0 Wendy rvin, Deputy 21 SERVICE AGREEMENT RENEWAL NOTICE WITH APPRISS FOR CALHOUN COUNTY VINE SERVICE IN THE AMOUNT OF $6,874.00 AND AUTHORIZE COUNTY JUDGE TO SIGN: A Motion was made by Commissioner Galvan and seconded by Commissioner Lyssy to approve the Service Agreement Renewal Notice with Appriss for Calhoun County Vine Service in the amount of $6,874.00 and authorize Judge Pfeifer to sign. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. May 19, 2011 q <APPriss Technology to serve and protec. , Rennette Todd Calhoun County Sheriffs Office 211 South Ann Street, #301 Port Lavaca, TX 77979 10401 Linn Station Road Louisville, KY 40223.3842 502-561.8463 800-816-0491 www.appriss.com Ms. Todd: This letter is to walk you through the 2012 renewal process for the VINE (Victim Information & Notification Everyday) program. Your original service period will end as of August 31,2011. Soon you should be receiving your Maintenance Contract from the OAG to cover these costs going forward for renewal through August 31, 2012. We would like to have all Service Agreement Renewals back to our office no later than July 29,2011, so we have plenty oftime to process. In addition, we have attached a few items that will require action on your part to complete the process. A description of each and any action required follows: . Exhibit R-08 Maintenance Renewal. This item shows the Total Renewal Amount that the OAG agrees to cover. The OAG has received a copy of this document and has confirmed the dollar amounts and expiration date. . Service Agreement Renewal. This agreement is between Appriss and Calhoun County. The cost of the renewal should agree with Exhibit R-08. Please sign the enclosed documents and return one copy to Appriss at the above address, one copy to Chris Gersbach at the Texas Attorney General's Office - MC-004 at P.O. Box 12548, Austin, TX 78711-2548 and retain one copy for your records. Note: Invoices for the fiscal year 2012 will not be mailed to the County until September 1, 2011. If you have any questions or need additional infotmation, please contact me at 800/816-0491 ext. 3850. Sincerely, Appriss Inc. CoPP-~ Colleen G. Heslin Account Specialist Enclosures Provider of the VINE@ Service R-08 Service Agreement Renewal Notice (ount~ Copy <A;;Priss I Technology 10 serve and prolec I 10401 Linn Station Road DATE: March 28, 2011 CUSTOMER NAME: Calhoun County LOCATION: 211 South Ann Street, #301 Port Lavaca, TX 77979 Louisville, KY 40223-3842 502-561.8463 800.816-0491 PROJECT TYPE: Calhoun County VINE Service www.appriss.com ORIGINAL SERVICE AGREEMENT DATE: March 8, 2005 SERVICE AGREEMENT RENEWAL DATE: September 1, 2011 SERVICE AGREEMENT RENEWAL TERM: 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2012 PROJECT PRICING: $6,874 This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends all pricing, service terms and other contract provisions of the prior contract period. No interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. Contract Changes: None Special Note: Please refer to the "3rd Party Vendor Fees" referenced in the attached Exhibit R-07 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes. AUTHORIZATION: CUSTOMER BY: 04/05/11 Date Thomas R. Seigle President Public Safety Group Title Name Provider of the VINE@ Service CLOSE WATER STREET BETWEEN 13TH AND 15TH STREETS IN PORT O'CONNOR, TEXAS ON JULY 15,16 AND 17, 2011 FROM 12:00 PM TO 2:00 AM FOR THE POCO BUENO FISHING TOURNAMNET: A Motion was made by Commissioner Finster and seconded by Commissioner Lyssy to close Water Street between 13th and 15th Streets in Port O'Connor, Texas on July 15, 16 and 17, 2011 from 12:00 pm to 2:00 am for the POCO Bueno Fishing Tournament. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. COUNTY REPORTS: The County Treasurer presented her monthly reports for April and May 2011 and the County Tax Assessor Collector and JP 5 presented their monthly reports for May 2011 after reading and verifying same, a Motion was made by Judge Pfeifer and seconded by Commissioner Fritsch to accept said reports as presented. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. CALHOUN COUNTY, TEXAS CALHOUN COUNTY TREASURER'S REPORT MONTH OF: APRIL 2011 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE GENERAL $ 27,059,670.51 $ 574,041.46 $ 1,673,293.43 $ 25,960,418.54 AIRPORT MAINTENANCE 70,653.84 1,068.49 722.53 70,999.80 APPELLATE JUDICIAL SYSTEM 540.96 208.81 0.00 749.77 ANIMAL CONTROL-CAWS 164.23 0.16 0.00 164.39 CHAMBER TOURISM CENTER 263.91 0.26 0.00 264.17 COASTAL PROTECTION FUND 32,880.06 31.87 0.00 32,911.93 COUNTY AND D1ST COURT TECH FUND 4.00 12.00 0.00 16.00 COUNTY CHILD WELFARE BOARD FUND 144.86 48.00 0.00 192.86 COURTHOUSE SECURITY 183,498.39 2,194.87 0.00 185,693.26 D1ST CLK RECORD PRESERVATION FUND 0.00 178.31 0.00 178.31 DONATIONS 143,755.31 7,362.93 .784.40 150,333.84 DRUG/DWI COURT PROGRAM FUND-LOCAL 266.55 242.04 0.00 508.59 JUVENILE CASE MANAGER FUND 3,351.92 1,024.86 0.00 4,376.78 F AMIL Y PROTECTION FUND 3,960.86 108.84 0.00 4,069.70 JUVENILE DELINQUENCY PREVENTION FUND 8,475.88 8.22 0.00 8,484.10 GRANTS 245,119.15 229,771.79 52,828.93 422,062.01 HWY 87/FM1090 10,278.30 9.96 0.00 10,288.26 JUSTICE COURT TECHNOLOGY 49,528.74 1,282.02 233.36 50,577 .40 JUSTICE COURT BUILDING SECURITY FUND 11,541.73 300.74 0.00 11 ,842.4 7 LATERAL ROAD PRECINCT #1 4,269.31 4.\4 0.00 4,273.45 LATERAL ROAD PRECINCT #2 4,269.31 4.\4 0.00 4,273.45 LATERAL ROAD PRECINCT #3 4,269.31 4.14 0.00 4,273.45 LATERAL ROAD PRECINCT #4 4,269.31 4.14 0.00 4,273.45 PRETRIAL SERVICES FUND 55,460.45 553.76 0.00 56,014.21 LAW LIBRARY 170,964.23 1,655.94 594.00 172,026.17 LAW ENF OFFICERS STD. EDUC. (LEOSE) 15,676.25 677.87 (370.00) 16,724.12 POC COMMUNITY CENTER 30,975.24 2,030.03 2,565.54 30,439.73 RECORDS MANAGEMENT-DISTRICT CLERK 6,506.14 209.65 5,900.00 815.79 RECORDS MANAGEMENT-COUNTY CLERK 153,033.26 23,422.47 0.00 176,455.73 RECORDS MGMT & PRESERVATION 56,124.59 1,233.23 0.00 57,357.82 ROAD & BRIDGE GENERAL 1,073,734.35 109,889.11 0.00 1,183,623.46 ROAD & BRIDGE PRECINCT #3 13,487.\9 13.07 0.00 13,500.26 ROAD MAINTENANCE PRECINCT #4 640.68 0.62 0.00 641.3 0 SHERIFF FORFEITED PROPERTY 1,265.15 1.23 0.00 1,266.38 6MILE PIER/BOA TRAMP INSURJMAINT 64,112.10 62.\5 0.00 64,174.25 CAPITAL PROJ-NEW EMS BLDG 19,129.21 (15.00) 1,055.04 18,059.17 CAPITAL PROJ-OLIV /PT ALTO FD BLOG 26,394.00 5,417.00 31,611.00 200.00 CAPITAL PROJ-PARKING LOT 80,543.81 0.00 0.00 80,543.81 CAP PROJ-PCT 2 - STORM REPAIRS 17,796.13 0.00 0.00 17,796.13 CAPITAL PROJ-RB INFRASTRUCTURE 79,000.48 0.00 0.00 79,000.48 CAPITAL PROJ-SWAN POINT PARK 5,096.40 0.00 0.00 5,096.40 CAPITAL PROJ-AIRPORT RUNWAY IMPROV 130,014.75 0.00 0.00 130,014.75 CAPITAL PROJ-EMER COMM SYS 39,397.16 0.00 3,110.00 36,287.\6 CAP PROJ-HA TERIUS PRK BOAT RAMP-STRM RE 0.25 0.00 0.00 0.25 CAP PROJ-PORT ALTO PUBL BEACH-STORM REP 30,384.78 0.00 0.00 30,384.78 CAP PROJ- CO CLERK'S RECORDS 19,413.78 0.00 19,413.78 0.00 CAP PROJ-D1STRICT CLERK'S RECORDS 17,658.75 0.00 17,658.75 0.00 CAPITAL IMPROVEMENT PROJECTS 434,439.00 0.00 0.00 434,439.00 CAP PROJ- SEADRIFT LIBRARY 769.00 0.00 0.00 769.00 CAP PROJ- ANNEX II 25,755.89 0.00 0.00 25,755.89 CAP PROJ-ANNEX RENOVATION 36,269.00 0.00 0.00 36,269.00 CAP PROJ-HEALTH DEPT RENOVATIONS 116,438.08 0.00 0.00 116,438.08 ARREST FEES 1,223.83 838.16 2,061.99 0.00 BAIL BOND FEES (HB 1940) 1,545.00 735.00 2,280.00 0.00 CONSOLIDATED COURT COSTS (NEW) 27,282.81 15,974.74 43,257.55 0.00 DRUG COURT PROGRAM FUND - STATE 266.42 241. 77 508.19 0.00 SUBTOTALS $ 30591 974.60 $ 980852.99 $ 1 857 508.49 $ 29,715319.10. Page 1 of3 COUNTY TREASURER'S REPORT MONTH OF: APRIL 2011 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUND - BALANCE FORWARD $ 30,591,974.60 $ 980,852.99 $ 1,857,508.49 $ 29,715,319.10 ELECTIONS CONTRACT SERVICE 34,868.93 25.56 0.00 34,894.49 FINES AND COURT COSTS HOLDING FUND 7,847.31 0.00 0.00 7,847.31 INDIGENT CIVIL LEGAL SERVICE 505.00 282.00 787.00 0.00 JUDICIAL FUND (ST. COURT COSTS) 336.51 302.11 638.62 0.00 JUDICIAL SALARIES FUND 5,996.86 3,575.92 9,572.78 0.00 JUROR DONATION-TX CRIME VICTIMS FUND 42.00 18.00 42.00 18.00 JUVENILE PROBATION RESTITUTION 1,420.20 2,530.38 0.00 3,950.58 LIBRARY GIFT AND MEMORIAL 46,829.99 45.39 0.00 46,875.38 MISCELLANEOUS CLEARING 13,552.52 11,771.87 20,964.86 4,359.53 REFUNDABLE DEPOSITS 2,000.00 0.00 0.00 2,000.00 STATE CIVIL FEE FUND 5,008.52 3,176.81 8,185.33 0.00 CIVIL JUSTICE DATA REPOSITORY FUND 31.63 14.79 46.42 0.00 JURY REIMBURSEMENT FEE 1,773.24 987.56 2,760.80 0.00 SUBTITLE C FUND 10,331. 52 5,106.23 15,437.75 0.00 SUPP OF CRIM INDIGENT DEFENSE 1,169.95 647.43 1,817.38 0.00 TIME PAYMENTS 4,351.29 2,907.07 7,258.36 0.00 TRAFFIC LAW FAILURE TO APPEAR 3,025.88 2,387.92 5,413.80 0.00 UNCLAIMED PROPERTY 2,719.22 2.64 0.00 2,721.86 BOOT CAMPIJJAEP 113,710.39 149.22 8,651.5 7 105,208.04 JUVENILE PROBATION 202,127.36 22,942.93 29,819.02 195,251.27 SUBTOTALS $ 31,049,622.92 $ 1,037,726.82 $ 1,968,904.18 $ 30,118,445.56 TAXES IN ESCROW 0.00 0.00 0.00 TOTAL OPERATING FUNDS $ 31,049,622.92 $ 1 037,726.82 $ 1,968.904.18 $ 30.118 445.56 D A FORFEITED PROPERTY FUND 8,906.39 6.51 1,740.35 7,172.55 SHERIFF NARCOTIC FORFEITURES 1,767.86 1.45 0.00 1,769.31 CONSTRUCTION (JAIL) SERIES 2003 - I & S 1,083,329.67 10,472.08 0.00 1,093,801.75 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 20C 226,728.40 2,738.67 0.00 229,467.07 CAL. CO. FEES & FINES 151,459.25 177,918.99 189~023.92 140,354.32 OCEAN DRIVE IMPROVEMENTS 1.00 0.00 0.00 1.00 CERT OF OB-CRTHSE REF SERIES 2010 2.28 0.00 0.00 2.28 TOTAL OTHER CO. FUNDS $ 1 472 194.85 $ 191137.70 $ 190 764.27 $ 1472 568.28 MEMORIAL MEDICAL CENTER: OPERATING 1,639,146.23 $ 1,685,577.83 $ 1,551,215.60 $ 1,773,508.46 REFUND IMPREST ACCOUNT 5,053.60 2.99 0.00 5,056.59 INDIGENT HEAL THCARE 174.70 265,102.59 0.00 265,277.29 TOTALS $ 1,644,374.53 $ 1,950,683.41 $ 1,551,215.60 $ 2,043,842.34 DRAINAGE DISTRICTS NO.6 16,453.32 $ 59.84 $ - $ 16,513.16 NO.8 102,070.33 209.85 0.00 102,280.18 NO. IO-MAINTENANCE 92,269.20 797.19 0.00 93,066.39 NO. II-MAINTENANCE/OPERATING 153,499.36 6,090.35 17,131.45 142,458.26 NO. II-RESERVE 129,186.02 106.18 0.00 129,292.20 TOTALS $ 493,4 78.23 $ 7,263.41 $ 17,131.45 $ 483,610.19 CALHOUN COUNTY WCID #1 OPERATING ACCOUNT. $ 476,990.15 566.49 495.09 $ 477,061.55 CALHOUN COUNTY NA VIGA TION DlST. MAINTENANCE AND OPERATING $ 235,800.65 $ 4,381.21 $ 7,138.11 $ 233,043.75 TOTAL MMC, DR. DlST., NA V. DlST & WClD s: 2 850 643.56 s: 1 962 894.52 $ 1 575 980.25 $ 3237557.83 TOTAL ALL FUNDS $ 34,828,571.67 Page 2 of3 COUNTY TREASURER'S REPORT MONTH OF: APRIL 2011 BANK RECONCILIATION LESS: CERT.OF DEP/ FUND OUTSTNDG DEP/ PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERATING * $ 30,118,445.56 $ 28,262,648.58 $ 517,451.25 $ 2,373,248.23 D A FORFEITED PROPERTY FUND 7,172.55 0.00 0.00 7,172.55 SHERIFF NARCOTIC FORFEITURES 1,769.31 0.00 0.00 1,769.31 CONSTRUCTION (JAlL) SERIES 2003 - I & S 1,093,801.75 4,449.83 0.00 1,089,351.92 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 200 229,467.07 1,191.77 0.00 228,275.30 CERT OF OB-CRTHSE REF SERIES 2010 2.28 10.31 0.00 (8.03) CAL. CO FEES & FINES 140,354.32 52,827.30 30.950.33 I 18,477.35 OCEAN DRIVE IMPROVEMENTS- CAP PROJ 1.00 0.00 0.00 1.00 MEMORIAL MEDICAL CENTER: OPERATING :t: 1,773,508.46 500,000.00 171,994.02 1,445,502.48 REFUNDIMPRESTACCOUNT 5,056.59 0.00 0.00 5,056.59 INDIGENT HEALTHCARE 265,277.29 265,073.43 18,51 I.I 5 18,715.01 DRAINAGE DISTRICT: NO.6 16,513.16 0.03 0.00 16,513.13 NO.8 102,280.18 0.14 0.00 102,280.04 NO. 10 MAINTENANCE 93,066.39 530.60 0.00 92,535.79 NO. 11 MAINTENANCE/OPERATING 142,458.26 3,372.32 0.00 139,085.94 NO. 11 RESERVE 129,292.20 0.00 0.00 129,292.20 CALHOUN CO. WCID #1 OPERATING ACCOUNT 477,061.55 0.00 0.00 477,061.55 CALHOUN CO. NA VIGA nON DIST: MAINTENANCE/OPERATING **** 233,043.75 0.00 0.00 233,043.75 TOTALS $ 34 828.571.67 $ 29.090.104.31 $ 738906.75 $ 6.477.374.11 .*~DS - OPERATING FUND $2&,104,030.27 :t: CliS~MMCOPERATINGFUND~$500,iOOO.oo.. .... .... .. ~ CD - CALHOUN COUNTYl DIANNA STANGER (AIR.PORT)- $51,866.50 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LA V ACA THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA Court costs and fees collected and reported may not be cu t and up-to-date due to non-compliance by other county offices. I hereby certify that the current balanc s are co County Treasurer as of the date of this report. ONDA S. KOKENA COUNTY TREASURER Page 3 of3 CALHOUN COUNTY, TEXAS CALHOUN COUNTY TREASURER'S REPORT MONTH OF: MAY2011 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE GENERAL $ 25,960,4] 8.54 $ ],856,813.03 $ 2,776,269.44 $ 25,040,962.13 AIRPORT MAINTENANCE 70,999.80 ] ,060.91 699.67 7],361.04 APPELLATE JUDlC]AL SYSTEM 749.77 187.55 0.00 937.32 AN]MAL CONTROL-CAWS ]64.39 0.14 0.00 164.53 CHAMBER TOURISM CENTER 264.17 0.23 0.00 264.40 COASTAL PROTECTION FUND 32,9] 1.93 28.23 0.00 32,940;16 COUNTY CHILD WELFARE BOARD FUND 16.00 ]7.82 0.00 33.82 COUNTY AND DIST COURT TECH FUND 192.86 72.17 0.00 265.03 COURTHOUSE SECURITY 185,693.26 1,763.29 230.46 ]87,226.09 DIST CLK RECORD PRESER V A TlON FUND ] 78.3] ]61.21 0.00 339.52 CO CLK RECORDS ARCH]VE FUND - ],575.00 0.00 1,575.00 DONA T]ONS ] 50,333.84 627.06 9,436.53 ]4],524.37 DRUG/OWl COURT PROGRAM FUND-LOCAL 508.59 ]60.62 0.00 669.2] JUVENILE CASE MANAGER FUND 4,376.78 888.25 0.00 5,265.03 F AMIL Y PROTECTION FUND 4,069.70 93.49 0.00 4,163.19 JUVENILE DELINQUENCY PREVENT]ON FUND 8,484.] 0 7.28 0.00 8,491.38 GRANTS 422,062.0] 6,9] 7.48 39,879.85 389,099.64 HWY 87/FM]090 ] 0,288.26 8.83 0.00 ] 0,297 .09 JUST]CE COURT TECHNOLOGY 50.577.40 946.07 0.00 51,523.47 JUST]CE COURT BUILDING SECURITY FUND ] ] ,842.4 7 227.83 0.00 ]2,070.30 LATERAL ROAD PRECINCT # I 4,273.45 3.67 0.00 4,277.12 LATERAL ROAD PRECINCT #2 4,273.45 3.67 0.00 4,277.]2 LATERAL ROAD PRECINCT #3 4,273.45 3.67 0.00 4,277.12 LATERAL ROAD PRECINCT #4 4,273.45 3.67 0.00 4,277.]2 PRETR]AL SERVICES FUND 56,014.2] 48.05 0.00 56,062.26 LAW LIBRARY ] 72,026.] 7 ],497.01 594.00 ]72,929.18 LAW ENF OFFICERS STD. EDUC. (LEOSE) ]6,724.12 677.48 0.00 ] 7,401.60 POC COMMUNITY CENTER 30,439.73 3,426.11 ] ,941.45 3],924.39 RECORDS MANAGEMENT-DISTRICT CLERK 815.79 30.07 0.00 845.86 RECORDS MANAGEMENT-COUNTY CLERK ] 76,455.73 2,402.09 17,291.96 161,565.86 RECORDS MGMT & PRESERVATION 57,357.82 698.32 0.00 58,056.14 ROAD & BRIDGE GENERAL I, 183,623.46 79,802.69 0.00 1,263,426.15 ROAD & BRIDGE PRECINCT #3 13,500.26 11.58 0.00 13,5 I 1.84 ROAD MAINTENANCE PRECINCT #4 641.30 0.55 0.00 641.85 SHER]FF FORFEITED PROPERTY J ,266.38 1.09 0.00 1,267.4 7 6MILE PIER/BOAT RAMP INSUR/MAINT 64,174.25 55.05 0.00 64,229.30 CAPITAL PROJ-NEW EMS BLOG 18,059.17 0.00 ] 7.65 ] 8,041.52 CAPITAL PROJ-OLIV/PT ALTO FD BLDG 200.00 439.00 639.75 (0.75) CAPITAL PROJ-PARKING LOT 80,543.8] 0.00 0.00 80,543.81 CAP PROJ-PCT 2 - STORM REPAIRS ] 7,796. 13 0.00 0.00 17,796.13 CAPITAL PROJ-RB INFRASTRUCTURE 79,000.48 0.00 0.00 79,000.48 CAPITAL PROJ-SWAN POINT PARK 5,096.40 0.00 0.00 5,096.40 CAP]TAL PROJ-AIRPORT RUNWAY ]MPROV 130,0]4.75 0.00 0.00 130,014.75 CAPITAL PROJ-EMER COMM SYS 36,287.16 0.00 0.00 36,287. J 6 CAP PROJ-HATERlUS PRK BOAT RAMP-STRM RE 0.25 0.00 0.00 0.25 CAP PROJ-PORT ALTO PUBL BEACH-STORM REP 30,384.78 0.00 0.00 30,384.78 CAPITAL IMPROVEMENT PROJECTS 434,439.00 0.00 0.00 434,439.00 CAP PROJ- SEADRIFT LIBRARY 769.00 0.00 0.00 769.00 CAP PROJ- ANNEX II 25,755.89 0.00 0.00 25,755.89 CAP PROJ-ANNEX RENOVATION 36,269.00 0.00 10,055.00 26,214.00 CAP PROJ-HEALTH DEPT RENOVATIONS 116,438.08 0.00 0.00 I] 6,438.08 ARREST FEES 0.00 529.22 0.00 529.22 BAIL BOND FEES (HB 1940) 0.00 645.00 90.00 555.00 CONSOLIDATED COURT COSTS (NEW) 0.00 ] 1,620.68 0.00 ] ],620.68 DRUG COURT PROGRAM FUND-STATE 0.00 160.41 0.00 ]60.4] SUBTOTALS $ 297]5.319.10 $ ] ,973,6] 5.57 $ 2857,145.76 $ 2883] 788.91 Page 1 of3 COUNTY TREASURER'S REPORT MONTH OF: MAY 2011 BEGINNING ENDING FUND FUND BALANCE RECEIPTS DISBURSEMENTS FUND BALANCE OPERATING FUND - BALANCE FORWARD $ 29,7]5,3]9.10 $ 1,973,615.57 $ 2,857,145.76 $ 28,83],788.91 ELECTIONS CONTRACT SERVICE 34,894.49 28.39 0.00 34,922.88 FINES AND COURT COSTS HOLDING FUND 7,847.3] 0.00 0.00 7,847.3 ] INDIGENT CIV]L LEGAL SERVICE 0.00 250.00 0.00 250.00 JUDICIAL FUND (ST. COURT COSTS) 0.00 250.48 0.00 250.48 JUDICAL PERSONNEL TRAINING 0.00 2,932.23 0.00 2,932.23 JUROR DONATION-TX CRIME VICTIMS FUND 18.00 0.00 0.00 18.00 JUVENILE PROBATION RESTITUTION 3,950.58 564.71 0.00 4,515.29 LIBRARY GIFT AND MEMORIAL 46,875.38 160.21 0.00 47,035.59 MISCELLANEOUS CLEARING 4,359.53 10,7]8.85 1l,041.89 4,036.49 REFUNDABLE DEPOSITS 2,000.00 0.00 0.00 2,000.00 STATE CIVIL FEE FUND 0.00 2,962.20 0.00 2,962.20 CIVIL JUSTICE DATA REPOSITORY FUND 0.00 11.27 0.00 11.27 JURY RE]MBURSEMENT FEE 0.00 748.54 0.00 748.54 SUBTITLE C FUND 0.00 3,648.46 0.00 3,648.46 SUPP OF CR]M IND]GENT DEFENSE 0.00 490.01 0.00 490.01 TIME PAYMENTS 0.00 1,826.19 0.00 1,826.19 TRAFFIC LAW FAILURE TO APPEAR 0.00 1,535.47 0.00 1,535.47 UNCLAIMED PROPERTY 2,721.86 2.33 0.00 2,724.19 BOOT CAMPIJJAEP 105,208.04 90.25 10,432.03 94,866.26 JUVEN]LE PROBA nON 195,251.27 13,91 1.78 40,691.52 168,471.53 SUBTOTALS $ 30,] 18,445.56 $ 2,013,746.94 $ 2,919,311.20 $ 29,212,881.30 TAXES IN ESCROW - 0.00 0.00 TOTAL OPERATING FUNDS $ 30,118.445.56 $ 2,013,746.94 $ 2,919,311.20 $ 29,212,881.30 D A FORFEITED PROPERTY FUND 7,172.55 781.64 1,740.35 6,213.84 SHERIFF NARCOT]C FORFE]TURES 1,769.31 1,]66.39 0.00 2,935.70 CONSTRUCTION (JAIL) SER]ES 2003 - I & S 1,093,801.75 8,280.00 0.00 1,102,081.75 CERT. OF OB-CRTHSE REN. I&S FUND SER]ES 20C 229,467.07 2,159.58 0.00 231,626.65 CAL. CO. FEES & FINES 140,354.32 103,861.31 137,866.38 106,349.25 OCEAN DRIVE IMPROVEMENTS 1.00 0.00 0.00 1.00 CERT OF OB-CRTHSE REF SERIES 2010 2.28 0.00 0.00 2.28 TOTAL OTHER CO. FUNDS $ 1 472 568.28 $ 116248.92 $ 139 606.73 $ 1 449210.47 MEMORIAL MEDICAL CENTER: OPERATING $ 1,773,508.46 $ 2,167,499.95 $ 1,637,444.77 $ 2,303,563.64 REFUND IMPREST ACCOUNT 5,056.59 3,224.81 5,341.56 2,939.84 INDIGENT HEAL THCARE 265,277.29 0.00 265,133.69 143.60 TOTALS $ 2,043,842.34 $ 2,170,724.76 $ 1,907,920.02 $ 2,306,647.08 DRAINAGE J)ISTRICTS NO.6 $ 16,513.16 $ 14.02 $ - $ 16,527.18 NO.8 102,280.18 705.29 150.18 102,835.29 NO.IO-MAlNTENANCE 93,066.39 500.66 0.00 93,567.05 NO. II-MAINTENANCE/OPERATING 142,458.26 1,759.88 19,315.02 124,903.12 NO. II-RESERVE 129,292.20 109.81 0.00 129,402.01 TOTALS $ 483,610.19 $ 3,089.66 $ 19,465.20 $ 467,234.65 CALHOUN COUNTY WCID #1 OPERATING ACCOUNT $ 477,061.55 499.68 8,340.76 $ 469,220.47 CALHOUN COUNTY PORT AUTHORITY MAINTENANCE AND OPERATING $ 233,043.75 $ 3,532.64 $ 7,790.92 $ 228,785.47 TOTAL MMC, DR. DIST., NA V. DIST & WCID $ 3237557.83 $ 2177846.74 $ ] 943 516.90 $ 347] 887.67 TOTAL ALL FUNDS $ 34,133,979.44 Page 2 of3 COUNTY TREASURER'S REPORT MONTH OF: MAY 20 II BANK RECONCILIA TION LESS: CERT.OF DEPI FUND OUTSTNDG DEPI PLUS: CHECKS BANK FUND BALANCE OTHER ITEMS OUTSTANDING BALANCE OPERA T]NG * $ 29,2 ]2,881.30 $ 28,1 ]6,746.46 $ 463,3 73 .23 $ ] ,559,508.07 D A FORFE]TED PROPERTY FUND 6,213.84 0.00 0.00 6,2] 3.84 SHER]FF NARCOT]C FORFEITURES 2,935.70 0.00 0.00 2,935.70 CONSTRUCTION (JAlL) SER]ES 2003 - ] & S I,] 02,081.75 0.00 0.00 ],102,081.75 CERT. OF OB-CRTHSE REN. I&S FUND SERIES 20( 231,626.65 0.00 0.00 231,626.65 CERTOF OB-CRTHSE REF SERIES 20] 0 2.28 0.03 10.31 12.56 CAL. CO FEES & FINES 106,349.25 25,373.36 6,644.80 87,620.69 OCEAN DRIVE IMPROVEMENTS- CAP PRO] 1.00 0.00 0.00 1.00 MEMORIAL MEDICAL CENTER: OPERATING :t: 2,303,563.64 617,002.92 103,965.34 1,790,526.06 REFUND IMPREST ACCOUNT 2,939.84 0.00 0.00 2,939.84 INDIGENT HEALTHCARE 143.60 0.00 1,079.56 1,223.16 DRAINAGE DISTRICT: NO.6 16,527.18 0.00 0.00 16,527. ]8 NO.8 102,835.29 0.00 0.00 102,835.29 1'10.10 MA]NTENANCE 93,567.05 0.00 0.00 93,567.05 NO. II MAINTENANCE/OPERATING 124,903.12 0.00 0.00 124,903.12 NO. ] 1 RESERVE 129,402.01 0.00 0.00 129,402.01 CALHOUN CO. WCLD # I OPERATING ACCOUNT 469,220.47 0.00 0.00 469,220.47 CALHOUN CO. NAVIGATION DlST: MAlNTENANCE/OPERA TING **** 228,785.4 7 0.00 0.00 228,785.4 7 TOTALS $ . 34.133.979.44 $ 28759.122.77 $ 575.073.24 $ 5,949929.91 * CDs - OPERATING FUND $28,104,030.27 :j: CD's - MMC OPERATING FUND - $500,000.00 ~ CD - CALHOUN COUNTY / DIANNA STANGER (AIRPORT)" $51,866.50 **** THE DEPOSITORY FOR CALHOUN CO. NAVIGATION DISTRICT IS FIRST NATIONAL BANK - PORT LAVACA THE DEPOSITORY FOR ALL OTHER COUNTY FUNDS IS INTERNATIONAL BANK OF COMMERCE - PORT LA V ACA 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 balance e corre to all mOl1ieSbh t have been received by the County Treasurer as of the date of this report. . Qt' RH NDA S. KOKENA COUNTY TREASURER Page 3 of3 SUMMARY TAX ASSESSOR-COLLECTOR'S MONTHLY REPORT FOR: MAY 2011 Title Certificate Fees Title Fees Paid TXDOl Title Fees Paid County Treasurer Salary Fund Motor Vehicle Registration Collections Disabled Person Fees Postage FD ADDITIONAL COLLECTIONS FD Fees In Excess of Collections Paid TXDOT Paid TXDOT SP Paid County Treasurer Paid County Treasurer Salary Fund DMV CCARDTRNSFEE $ 189.48 FD Additonal Collections $ 2.00 First Data (IBC) Credit/Debit Card Fee's FD Fees In Excess of Collections Motor Vehicle Sales & Use Tax Collections $ Paid State Treasurer Paid County Commission Available from Sales Tax Terp Surcharge Special Road/Bridge Fees Collected Paid TXDOT - RIB Fees Paid County Treasurer - RIB Fees $ Texas Parks & Wildlife Collections FD ADDITIONAL COLLECTIONS FD Fees In Excess of Collections Paid Texas Parks & Wildlife Paid County Treasurer Salary Fund FD Additonal Collections FD Fees In Excess of Collections $ $ State Beer & Wine Collections Month of $ State Beer & Wine Collections Paid Tx Alcoholic Beverage Commission Paid County Treasurer, Salary Fund County Beer & Wine Collections Paid County Treasurer, County Beer & Wine Paid County Treasurer, Salary Fund Renewal Fees for County Beer & Wine Paid County Treasurer - Renewal FeE $ $ $ Additional Postage - Vehicle Registration Paid County Treasurer - Additional Postage $ Interest earned on P&W $ 13.31 and Refund $ Accounts Paid County Treasurer - In!. on P&W & Ref $ Interest earn'ed on Office Account Paid county Treasurer - Nav. East Paid County T,easu,er - all other districts $ COLLECTIONS $ 7,319.00 $ $ $ $ 99,578.11 25.00 153.00 2.00 455,358.27 18,110.00 3,641.00 995.00 2.75 13.31 141.92 DISBURSEMENTS $ $ 4,529.00 2,790.00 $ $ $ $ $ $ $ $ 69,733.51 870.25 24,194.62 4,768.25 159.53 31.95 $ $ 289,882.08 165,476.19 $ $ 543.30 17,566.70 $ $ $ $ 3,276.90 364.10 $ $ 802.50 17.50 $ $ 166.25 8.75 $ $ 2.75 $ 13.31 $ $ 0.33 141.59 Business Personal Property - Misc. Fees $ 305.07 Paid County Treasurer $ 305.07 EXCESS FUNDS $ Paid County Treasurer $ Overpayments $ 6.51 Current Tax Collections $ 130,066.46 Penalty and Interest - Current Roll $ 15,952.32 Discount for early payment of taxes $ Delinquent Tax Collections $ 10,920.30 Penalty & Interest - Delinquent Roll $ 3,575.37 Collections for Delinquent Tax Attorney $ 2,174.28 Advance - FM & L Taxes $ 2.76 Advance - County AdValorem Taxes $ 139,491.63 Paid County Treasurer - Nav. East $ 605.44 Paid County Treasurer - all other Districts $ 20,421.13 Paid County Treasurer - Delinq Tax Atty. Fee $ 2,174.28 Payment in Lieu of Taxes $ Paid County Treasurer - Navig. East $ Paid County Treasurer - All other Districts $ Boat/Motor Sales & Use Tax Collections $ 14,200.62 Paid State Treasurer $ 13,490.59 Paid County Treasurer, Salary Fund $ 710.03 Special Farmers Fees Collected $ 75.00 Paid State Treasurer, Farmers Fees $ 75.00 Hot Check Collection Charges $ 15.00 Paid County Treasurers, Hot Check Charge $ 15.00 Overage on Collection/Assessing Fees $ Paid County Treasurer, overage refunded $ Escheats $ Paid County Treasurer-€scheats $ TOTAL COLLECTIONS $ 762,630.29 BAL FORWARD APRil 2011 STATE/COUNTY BEER AND WINE COll'S $ BAL FORWARD MAY 2011 STATE/COUNTY BEER AND WINE COll'S $ TOTAL COllECTIONSIINCLUDING CHANGE IN BEER AND WINE BALANCE FORWARD $ 762,630.29 TOTAL DISBURSEMENTS 762,630.29 TOTAL OF ABOVE RECEIPTS PAID TO STATE AND COUNTY $ 762,630.29 ~ t1j~ , GLORIA A. OCHOA Tax Assessor-Collector !VkvfJJO ~0FEIFER V County Judge Judge Nancy Pomykal Justice of the Peace Pct. 5 Collections for the Month of May 2011 Date: June 10, 2011 Calhoun County Commissioner's Court 211 S. Ann Street Port Lavaca, TX 77979 Fax no: 553-4444 COMMISSIONER'S COURT: Attached is the May, 2011 Money Distribution Report for the Justice of the Peace, Precinct 5 court. Faxing 7, Pages including this cover. ~~ Signed:\/0~ 17". / v i /~ / /'7 -':/ / 4-;;' - // .r~ ~ ./ /~-' /:/ --~ /~//" .~ /" v /~ \1 '( 06/10/2011 Money Distribution Report Page JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 ------------------------------------------------------------------------------------------------------------------------------------ Receipt Cause/Defendant Code Amount I Code Amount I Code Amount I Code Amount Code Amount Code Amount Total I I I 0374206 11-05-0153-SC 05-04-2011 !FEE 6.00 I FlU 25.00 I I 31.00 TARGET NATIONAL BANK I I I Atty. ck. Company Check I I I 0374207 11-05-0162 05-09-2011 JSF 4.00 I TFC 3.00 I CCC 40.00 I CHS 4.00 SAF 5.00 TF 4.00 225.00 BENNETT, KIMBERLY DEBES JPAY 6.00 I IDF 2.00 I SUBC 30.00 I MVF 0.10 OFF 126.90 Cash I I I 0374208 11-03-0139 05-10-2011 FINE 100.00 I I I 100.00 SALINAS, MATHEW ANDREW I I I Cash I I I 0374209 11-05-0163-FED 05-10-2011 SFEE 75.00 I !FEE 6.00 I FILI 25.00 I 106.00 FEDERAL NATIONAL MORTAGE ASSOC. I I I I #518376 Company Check I I I 0374210 11-04-0145 05-11-2011 JSF 4.00 TFC 3.00 I CCC 40.00 I CHS 4.00 SAF 5.00 I TF 4.00 113.00 AGUILAR, ERIC JPAY 6.00 IDF 2.00 I MVF 0.10 I DSC 9.90 SUBC 30.00 I JCMF 5.00 Money Order I I I 0374211 11-04-0148 05-12-2011 JSF 4.00 CCC 40.00 I CHS 4.00 I PWAF 5.00 TF 4.00 I IDF 2.00 165.00 HODGES, BRYAN G PWF 100.00 JPAY 6.00 I I I Credit Card I I I 0374212 11-05-0160 05-16-2011 JSF 4.00 CCC 40.00 I CHS 4.00 I PWAF 5.00 TF 4.00 I JPAY 6.00 115.00 S01O, JORGE I IDF 2.00 PWF 50.00 I I I 405 Personal Check I I I 0374213 11-05-0161 05-17-2011 JSF 4.00 CCC 40.00 I CHS 4.00 I SAF 5.00 TF 4.00 I JPAY 6.00 120.00 ANZALDUA, JEREMY MICHAEL IDF 2.00 FINE 55.00 I I I Credit Card I I 0374214 11-05-0165 05-18-2011 EXRF 20.00 I I 20.00 KILLEBREW, KATIE LAUREN I I I Personal Check I I I 0374215 11-05-0159 05-18-2011 JSF 4.00 I CCC 40.00 I CHS 4.00 PWAF 5.00 TF 4.00 I JPAY 6.00 115.00 ZAMORA, ANDRES IDF 2.00 I PWF 50.00 I I Company Check I I I 0374216 11-05-0155 05-23-2011 JSF 4.00 I CCC 40.00 I CHS 4.00 LAF 5.00 TF 4.00 I JPAY 6.00 100.00 OVIEDO, ROSIE LOPEZ IDF 2.00 I FINE 35.00 I I Cash I I I 0374217 10-11-0291 05-23-2011 JSF 4.00 I TFC 3.00 I CCC 40.00 CHS 4.00 I SAF 5.00 I TF 4.00 273.00 MOLLERE, MARIE WESLIE DPSC 30.00 I JPAY 6.00 I IDF 2.00 MVF 0.10 I FINE 76.90 I SUBC 30.00 Company Check CSRV 63.00 I JCMF 5.00 I I I .0374218 10-11-0292 05-23-2011 JSF 4.00 I CCC 40.00 I CHS 4.00 SAF 5.00 I TF 4.00 I DPSC 30.00 188.50 RILEY, HORACE ROBERT JPAY 6.00 I IDF 2.00 I FINE 50.00 CSRV 43.50 I I Company Check I I I I 0374219 11-05-0154 05-23-2011 JSF 4.00 I TFC 3.00 I CCC 40.00 CHS 4.00 I LAF 5.00 I TF 4.00 185.00 LAZO, JOSE ANTONIO JPAY 6.00 I IDF 2.00 I FINE 81.90 SUBC 30.00 I MVF 0.10 I JCMF 5.00 Money Order I I I I 0374220 11-05-0169 05-23-2011 JSF 4.00 I TFC 3.00 I CCC 40.00 CHS 4.00 I LAF 5.00 I TF 4.00 113.00 FICKLEN, SHERRY SUZANNE JPAY 6.00 I IDF 2.00 I MVF 0.10 DSC 9.90 I SUBC 30.00 I JCMF 5.00 Personal Check I I I I 0374221 11-03-0139 05-23-2011 FINE 40.00 I SUBC 30.00 I JCMF 5.00 I I 75.00 SALINAS, MATHEW ANDREW I I I I Cash I I I I 06/10/2011 Money Distribution Report Page 2 JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 ------------------------------------------------------------------------------------------------------------------------------------ The foLLowing totaLs represent - Cash and Checks CoL Lected Type Code Description Count Retained Disbursed Money-TotaLs The foLLowing totaLs represent - Cash and Checks CoL Lected COST CCC CONSOLIDATED COURT COSTS 9 36.00 324.00 360.00 COST CHS COURTHOUSE SECURITY 9 36.00 0.00 36.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 2 19.80 40.20 60.00 COST IDF INDIGENT DEFENSE FUND 9 1.80 16.20 18.00 COST JPAY JUDGE PAY RAISE FEE 9 8.10 45.90 54.00 COST JSF JUROR SERVICE FUND 9 3.60 32.40 36.00 COST LAF SHERIFF'S FEE 3 15.00 0.00 15.00 COST MVF MOVING VIOLATION FEE 5 0.05 0.45 0.50 COST PWAF TEXAS PARKS & WILDLIFE 2 8.00 2.00 10.00 COST SAF DPS 4 16.00 4.00 20.00 COST TF TECHNOLOGY FUND 9 36.00 0.00 36.00 COST TFC HC 5 15.00 0.00 15.00 FEES CSRV COLLECTION SERVICES FEE 2 106.50 0.00 106.50 FEES OFF DEFERRED FEE 1 126.90 0.00 126.90 FEES DSC DRIVER SAFETY COURSE 01/2008 2 19.80 0.00 19.80 FEES EXRF EXPIRATION RENEWAL FEE 1 20.00 0.00 20.00 FEES FIll FILING FEE 2 50.00 0.00 50.00 FEES !FEE INDIGENT FEE 2 0.60 11.40 12.00 FEES JCMF JUVENILE CASE MANAGER FEE 5 25.00 0.00 25.00 FEES SFEE SERVICE FEE 1 75.00 0.00 75.00 FEES SUBC SUB TI TLE C 6 9.00 171.00 180.00 FINE FINE FINE 6 383.80 0.00 383.80 FINE PWr: PARKS & WILDLIFE FINE 2 15.00 85.00 100.00 Money TotaLs 14 1,026.95 732.55 1,759.50 The foLLowing totaLs represent - Transfers CoL Lected COST CCC CONSOLIDATED COURT COSTS. 0 0.00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 0 0.00 0.00 0.00 COST lOF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVF MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST HC TFC 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FILI FILING FEE 0 0.00 0.00 0.00 FEES !FEE INDIGENT FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 06/10/2011 Money Distribution Report Page 4 JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 ------------------------------------------------------------------------------------------------------------------------------------ The foLLowing totaLs represent - Credit Card Payments Type Code Description Count Retained Disbursed Money-TotaLs FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00 FEES OFF DEFERRED FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFETY COURSE 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FILI FILING FEE 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FINE FINE FINE 1 55.00 0.00 55.00 FINE PWF PARKS & WILDLIFE FINE 1 15.00 85.00 100.00 Credit TotaLs 2 105.00 180.00 285.00 The foLLowing totaLs represent - Combined Money and Credits COST CCC CONSOLIDATED COURT COSTS 11 44.00 396.00 440.00 COST CHS COURTHOUSE SECURITY 11 44.00 0.00 44.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 2 19.80 40.20 60.00 COST IDF INDIGENT DEFENSE FUND 11 2.20 19:80 22.00 COST JPAY JUDGE PAY RAISE FEE 11 9.90 56.10 66.00 COST JSF JUROR SERVICE FUND 11 4.40 39.60 44.00 COST LAF SHERIFF I S FEE 3 15.00 0.00 15.00 COST MVF MOVING VIOLATION FEE 5 0.05 0.45 0.50 COST PWAF TEXAS PARKS & WILDLIFE 3 12.00 3.00 15.00 COST SAF DPS 5 20.00 5.00 25.00 COST TF TECHNOLOGY FUND 11 44.00 0.00 44.00 COST TFC TFC 5 15.00 0.00 15.00 FEES CSRV COLLECTION SERVICES FEE 2 106. 50 0.00 106.50 FEES OFF DEFERRED FEE 1 126.90 0.00 126.90 FEES DSC DRIVER SAFETY COURSE 01/2008 2 19.80 0.00 19.80 FEES EXRF EXPIRATION RENEWAL FEE 1 20.00 0.00 20.00 FEES FILI FILING FEE 2 50.00 0.00 50.00 FEES IFEE INDIGENT FEE 2 0.60 11.40 12.00 FEES JCMF JUVENILE CASE MANAGER FEE 5 25.00 0.00 25.00 FEES SFEE SERVICE FEE 1 75.00 0.00 75.00 FEES SUBC SUB TITLE C 6 9.00 171.00 180.00 FINE FINE FINE 7 438.80 0.00 438.80 FINE PWF PARKS & WILDLIFE FINE 3 30.00 170.00 200.00 Report TotaLs 16 1,131.95 912.55 2,044.50 06/10/2011 Money Distribution Report Page 3 JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 ------------------------------------------------------------------------------------------------------------------------------------ The foLLowing totaLs represent - Transfers CoLLected Type Code Description Count Retained Disbursed Money-TotaLs FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Transfer TotaLs 0 0.00 0.00 0.00 The foLlowing totaLs represent - JaiL Credit and Community Service COST CCC CONSOLIDATED COURT COSTS 0 0.00 0.00 0.00 COST CHS COURTHOUSE SECURITY 0 0.00 0.00 0.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 0 0.00 0.00 0.00 COST JPAY JUDGE PAY RAISE FEE 0 0.00 0.00 0.00 COST JSF JUROR SERVICE FUND 0 0.00 0.00 0.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVF MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 0 0.00 0.00 0.00 COST SAF DPS 0 .0.00 0.00 0.00 COST TF TECHNOLOGY FUND 0 0.00 0.00 0.00 COST TFC TFC 0 0.00 0.00 0.00 FEES CSRV COLLECTION SERVICES FEE 0 0.00 0.00 0.00 FEES DFF DEFERRED FEE 0 0.00 0.00 0.00 FEES DSC DRIVER SAFI:TY COURSE 01/2008 0 0.00 0.00 0.00 FEES EXRF EXPIRATION RENEWAL FEE 0 0.00 0.00 0.00 FEES FILI FILING FEE 0 0.00 0.00 0.00 FEES IFEE INDIGENT FEE 0 0.00 0.00 0.00 FEES JCMF JUVENILE CASE MANAGER FEE 0 0.00 0.00 0.00 FEES SFEE SERVICE FEE 0 0.00 0.00 0.00 FEES SUBC SUB TITLE C 0 0.00 0.00 0.00 FINE FINE FINE 0 0.00 0.00 0.00 FINE PWF PARKS & WILDLIFE FINE 0 0.00 0.00 0.00 Credit TotaLs 0 0.00 0.00 0.00 The foLLowing totaLs represent - Credit Card Payments COST CCC CONSOLIDATED COURT COSTS 2 8.00 72.00 80.00 COST CHS COURTHOUSE SECURITY 2 8.00 0.00 8.00 COST DPSC DPS FAILURE TO APPEAR /OMNI FEES 0 0.00 0.00 0.00 COST IDF INDIGENT DEFENSE FUND 2 0.40 3.60 4.00 COST JPAY JUDGE PAY RAISE FEE 2 1.80 10.20 12.00 COST JSF JUROR SERVICE FUND 2 0.80 7.20 8.00 COST LAF SHERIFF'S FEE 0 0.00 0.00 0.00 COST MVF MOVING VIOLATION FEE 0 0.00 0.00 0.00 COST PWAF TEXAS PARKS & WILDLIFE 1 4.00 1.00 5.00 COST SAF DPS 1 4.00 1.00 5.00 COST TF TECHNOLOGY FUND 2 8.00 0.00 8.00 COST TFC TFC 0 0.00 0.00 0.00 06/10/2011 Money Distribution Report Page 5 JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 ---------------------.--------------------------------------------------------------------------------------------------------------- DATE PAYMENT-TYPE FINES COURT-COSTS FEES BONDS RESTITUTION OTHER TOTAL 00-00-0000 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jai l Cred'its & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Car"ds & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1991 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1993 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1995 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1997 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-1999 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of at.l Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2001 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09-01-2003 Cash & Checks Collected 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total of all Collections 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01-01-2004 Cash & Checks Collected 483.80 660.50 615.20 0.00 0.00 0.00 i ,759.50 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 155.00 130.00 0.00 0.00 0.00 0.00 285.00 Total of all Collections 638.80 790.50 615.20 0.00 0.00 0.00 2,044.50 TOT ALS Cash & Checks Collected 483.80 660.50 615.20 0.00 0.00 0.00 1,759.50 Jail Credits & Comm Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Credit Cards & Transfers 155.00 130.00 0.00 0.00 0.00 0.00 285.00 Total of all Collections 638.80 790.50 615.20 0.00 0.00 0.00 2,044.50 06/10/2011 Money Distribution Report JP5, CALHOUN CO. MONTHLY REPORT MAY, 2011 Page 6 DATE PAYMENT-TYPE --------------------------------------------------------------------------------------------------------------------------------- TOTAL State of Texas Quarterly Reporting Totals Description State Comptroller Cost and Fees Report Section I: Report for Offenses Committed 01-01-04 Forward 09-01-01 - 12-31-03 08-31-99 - 08-31-01 09-01-97 - 08-30-99 09-01-91 - 08-31-97 Bail Bond Fee DNA Testing Fee - Convictions DNA Testing Fee - Comm Supvn DNA Testing Fee - Juvenile EMS Trauma Fund (EMS) Juvenile Probation Diversion Fees Jury Reimbursement Fee Indigent Defense Fund Moving Violation Fees State Traffic Fine Section II: As Appl icable Peace Officer Fees Failure to Appear/Pay Fees JUdicial Fund - Const County Court Judicial Fund - Statutory County Court Motor Carrier Weight Violations Time Payment Fees Driving Record Fee JUdicial Support Fee Report Sub Total State Comptroller Civil Fees Report CF: Birth Certificate Fees CF: Marriage License Fees CF: Declaration of Informal Marriage CF: Nondisclosure Fees CF: Juror Donations CF: Justice Court Indig Filing Fees CF: Stat Prob Court Indig Filing Fees CF: Stat Prob Court Judie Filing Fees CF: Stat Cnty Court lndig Filing Fees CF: Stat Cnty Court Judic Filing Fees CF: Cnst cnty Court Indig Filing Fees CF: Cnst Cnty Court Judie Filing Fees CF: Dist Court Divorce & Family Law CF: D~st Court Other Divorce/Family Law CF: Dist Court Indig Legal Services CF: Judicial Support Fee Report Sub Total Total Due For This Period FINES COURT-COSTS FEES BONDS RESTITUTION Count Collected Retained Disbursed 11 440.00 44.00 396.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 11 44.00 4.40 39.60 11 22.00 2.20 19.80 5 0.50 0.05 0.45 6 180.00 9.00 171.00 8 40.00 32.00 8.00 2 60.00 19.80 40.20 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 11 66.00 9.90 56.10 65 852.50 121.35 731.15 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 12.00 0.60 11.40 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 12.00 0.60 11.40 67 864.50 121.95 742.55 OTHER ACCOUNTS ALLOWED - COUNTY: Claims totaling $521,665.10 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch and seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor, ACCOUNTS ALLOWED - MEMORIAL MEDICAL CENTER: Claims totaling $1,582,993.40 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. ACCOUNTS ALLOWED - INDIGENT HEAL THCARE: Claims totaling $176,123.92 were presented by the County Treasurer and after reading and verifying same; a Motion was made by Commissioner Fritsch seconded by Commissioner Lyssy that said claims be approved for payment. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. BUDGET ADJUSTMENTS: A Motion was made by Commissioner Finster and seconded by Commissioner Fritsch to approve the following Budget Adjustments. 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